HomeMy WebLinkAbout2569 Royal Auction Gp Inc. - PBA 21/22-224CITY OF
SXRFORD b�
FINANCE DEPARTMENT �G
Tuesday, June 25, 2024
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
TO: City Clerk/Mayor
RE: Royal Auction Group, Inc. PBA 21/22-224
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
®
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
® Return originals to Purchasing- Department
❑ Return copies
El
Special Instructions: PBA Contract with the Royal Auction Group Inc. for the Provision of
Sumlus Vehicles and Equipment Public AuctioneerinVehicles and Equipment Public Auctioneering Services (RFP- 1 90-0537-R)
From
TADept_forms\City Clerk Transmittal Memo - 2009.doc
6/2.5/2.4
Date
Royal Auction Group, Inc. Piggyback Contract (PBA 21/22-224) for the Provision
of Surplus Vehicles and Equipment Public Auctioneering Services
(RFP -190-0537-R)
The City of Sanford (hereinafter referred to as the "City") enters this "Piggyback"
Contract (hereinafter referred to as the "Contract") with Royal Auction Group, Inc., a
Florida corporation (hereinafter referred to as the "Vendor"), whose address is 7061 Alico
Rd, Fort Myers, FL 33792, under the terms and conditions hereinafter provided.
The City and the Vendor agree as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with
Pinellas County, FL, (hereinafter referred to as "Pinellas") said contract being
identified as "RFP -190-0537-R", as said contract may have been amended, relating to
services provided to Pinellas in connection with the furnishing of public auctioneering
services for government owned surplus vehicles and equipment in order for the
Vendor to provide the City with services on an "as needed" basis to include any or all
of the following services - public auctioneering services for government owned surplus
vehicles and equipment (said original contract documents being referred to as the
"Original Government Contract").
2. The Original Government Contract is incorporated herein by reference
and is attached as Exhibit "A" to this Contract. All of the terms and conditions set out
in the Original Government Contract are fully binding on the parties and said terms
and conditions are incorporated herein; provided, however, that the City will negotiate
and enter work orders/purchase orders with the Vendor in accordance with City
policies and procedures for particular goods and services. All pricing shall be F.O.B.,
City Hall, City of Sanford with most favored nation pricing.
3. Notwithstanding the requirement that the Original Government Contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the Original Government Contract as applied to this Contract between
the Vendor and the City, as follows:
1
a. Time Period (hereinafter referred to as the "Term") of this
Contract: This Contract shall be effective as of the date of
execution hereof by or on behalf of the City and remain in effect
until November 17, 2027. The term of this Contract may not be
extended.
b. Insurance Requirements of this Contract: Certificate(s) are to be
provided by Vendor naming City as additional insured or
certificate holder for insurance coverage. Said coverage is
required to be maintained by Vendor in accordance with Exhibit
B attached hereto.
C. For other provisions of the Original Government Contract that will
be modified see Contract-Terms-And-Conditions-For-Web-Based-
SVstem- Revised- 11.8.2021.pdf (sanfordfl.gov). The parties shall
also be bound by the purchasing policies and procedures of the
City as well as the controlling provisions of Florida law. Work
orders shall be used, in accordance therewith, in the
implementation of this Contract to the extent deemed necessary
by the City in its sole and absolute discretion.
d. Address change for the City: Notwithstanding the address and
contact information for the government entity as set out in the
Original Government Contract, the Vendor agrees that it shall send
notices, invoices and shall conduct all business with the City to the
attention of City Manager, at: City of Sanford, 300 North Park
Avenue; Sanford, Florida 32771. The City Manager's designated
representative for this Contract is:
Ms. Cynthia Lindsay
Finance Director
City of Sanford
Post Office Box 1788
Sanford, Florida 32772-1788
Phone: 407-688-5026
e. Notwithstanding anything in the Original Government Contract to the
contrary, the venue of any dispute will be in Seminole County,
Florida. Litigation between the parties arising out of this Contract
shall be in Seminole County, Florida in the Court of appropriate
jurisdiction. The laws of the State of Florida shall control any dispute
between the parties arising out of or related to this Contract, the
performance thereof or any products or services delivered pursuant
to such Contract.
2
Notwithstanding any other provision in the Original Government
Contract to the contrary, there shall be no arbitration with respect to
any dispute between the parties arising out of this Contract. Dispute
resolution shall be through voluntary and non-binding mediation,
negotiation or litigation in the court of appropriate jurisdiction in
Seminole County, Florida, with the parties bearing the costs of their
own legal fees with respect to any dispute resolution, including
litigation.
g. All the goods and services to be provided or performed shall be in
conformance with commonly accepted industry and professional
codes and standards, standards of the City, and the laws of any
Federal, State or local regulatory agency.
h. Vendor understands that Florida Statutes, Chapter 119 — Public
Records shall be applicable to this Contract and acknowledges
review of, and adherence to, the following disclosures from the
City:
IF THE CONTRACTORIVENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE
CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, CMC, FCRM, CITY CLERK, CITY OF
SANFORD, CITY HALL, 300 NORTH PARK
AVENUE, SANFORD, FL. 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
II. In order to comply with Section 119.0701, Florida
Statutes, public records laws, the Vendor must:
A. Keep and maintain public records that
ordinarily and necessarily would be
required by the City in order to perform
the service.
B. Provide the public with access to public
records on the same terms and
conditions that the City would provide
the records and at a cost that does not
exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise
provided by law.
C. Ensure that public records that are
exempt or confidential and exempt
from public records disclosure
requirements are not disclosed except
as authorized by law.
D. Meet all requirements for retaining
public records and transfer, at no cost,
to the City all public records in
possession of the Vendor upon
termination of the contract and destroy
any duplicate public records that are
exempt or confidential and exempt
from public records disclosure
requirements. All records stored
electronically must be provided to the
City in a format that is compatible with
the information technology systems of
the City.
III. If the Vendor does not comply with a public records
request, the City shall enforce the Contract
provisions in accordance with this Agreement.
IV. Failure by the Vendor to grant such public access
and comply with public records requests shall be
grounds for immediate unilateral cancellation of this
Agreement by the City. The Vendor shall promptly
provide the City with a copy of any request to inspect
or copy public records in possession of the Vendor
and shall promptly provide the City with a copy of the
Vendor's response to each such request.
The Vendor shall afford "Most Favored Nation" pricing to the City
and, to the extent necessary for the City to comply with controlling
law or the conditions of grants or funding from other governmental
agencies or entities, agree to contract terms and conditions
required from or by said grants or funding sources. The Vendor
agrees to perform, consistent with those provisions of controlling
law as if mandatory, contractual provisions of grantor agencies or
entities were a part of this Agreement.
j. The Vendor, in the event of any ambiguity in the contractual
relationship between the Vendor and the City, shall comply with
all "Standard Contractual Terms and Conditions", as provided on
11
the City's website, which website can be reached and accessed,
as well as said terms and conditions reviewed, at: (Contract -
Terms -And -Conditions -For -Web -Based -System- Rev ised-
11.8.2021.Ddf (sanfordfl.aov)
k. All other provisions in the Original Government Contract are fully
binding on the parties and will represent the agreement between the
City and the Vendor.
!signatures on following page}
Effective as of this 13th
Attest:
By:Burton Keskitalo (Jun 6, 202210:09 EDT)
Signature
Burton Keskitato
Printed Name
VP of Finance
Title
Attest:
day of July '2022.
rf it!•G f'iGYLGfZGf7i
By:Tr-i Houchin (Jul 13,2D22 16:36 EDT)
Traci Houchin, CMC, FCRM, City Clerk
Approved as to form and legal sufficiency.
09111,6(17'ja
By: David Hall (Jun 28, 2022 15:39 EDT)
William L. Colbert City Attorney
Royal Auction Group, Inc., a Florida
corporation
ke-02W9-
By:George Frazier (Jun 2, 202216:18 EDT)
Signature
George Frazier
Printed Name
Chief Operating Officer
Title
Date: Jun 2, 2022
City of Sanford, a Florida municipal
corporation
By :Art Woodruff (Jul 13, 2022 16:35 EDT)
Art Woodruff, Mayor
Date: Jul 13, 2022
1XIty of Sanford - General\Piggybacks\Roysl Auction Group, Inc/Piggyback PBA for Royal Auction Group, Inc 5/25/22
Exhibit "A"
[Attach original government contract]
SERVICES AGRFF.MENT
THIS SERVICES AGREEMENT ("Agreement") is made as of this 17 day of November
Date"), by and between Pinellas County, a political subdivision of the State of Florida ("County"), and
("Contractor") (individually, "Party," collectively, "Parties'l.
WITNESSETH.-
WHEREAS,
ITNESSETH:
WHEREAS, the County requested proposals pursuant to 190-0537-R ("RFP') for
F4uipment; and
WHEREAS, based upon the County's assessment of Contractor's proposal, the County selected the
Services as defined herein; and
WHEREAS, Contractor represents that it has the experience and expertise to perform the Services asset
2020 ("Effective
to provide the
in this Agreement.
NOW, THEREFORE, in consideration of the above recitals, the mutual covenants, agreements, terms and ebndilions herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,lthe Parties agree as
follows:
1. Definitlons.
A. "Agreement" means this Agreement, including all Exhibits, which are expressly incorporated herein b� reference and any
amendments thereto.
B. "Amounts Owed to County" means any amounts other than Net Sales Proceeds for which Contractormay become liable to
County according to the terms of this Agreement, including all exhibits, and including, but not limited to, amounts owed due to
lost, stolen, damaged, or destroyed County property,
C. "Contractor's Commission" means the amount resulting from applying the applicable cominissign p centage set out in
Exhibit H, attached hereto and incorporated herein by reference, to an item's actual sale price, regardless of an y established MAP.
D. "County Confidential Information" means any County information deemed confidential and/or exempt 6om Section 119.07,
Florida Statutes, and Section 24(a), Article 1 of the Florida Constitution, or other applicable law, and ani other information
designated in writing by the County as County Confidential Information.
E. "Contractor Confidential Information" means any Contractor information that constitutes a trade secret pursuant to Chapter
688, Florida Statutes, and is designated in this Agreement or in writing as a trade secret by Contractor (unless o erwise determined
to be a public record by applicable Florida law). Notwithstanding the foregoing, Contractor Confidential information does not
include information that: (i) becomes public other than as a result of a disclosure by the County in breach of the Agreement; (ii)
becomes available to the County on a non -confidential basis from a source other than Contractor, xiiicfi is iot prohibited from
disclosing such information by obligation to Contractor, (iii) is known by the County prior to its receipt from Contractor without
any obligation or confidentiality with respect thereto; or (iv) is developed by the County independently of any disclosures made by
Contractor.
F. "Contractor Personnel" means all employees of Contractor, and all employees of subcontractors of ntractor, who are
providing the Services at any time during the project term.
G. "MAP" or"Minimum Acceptable Price" means an amount designated by the County in its discretion as the minimum amount
the Contractor shall use as the gross sale price for the sale of a particular item, for the purposes of calculating paynent due to the
County.
H. "Net Sale Proceeds" means the amount due to the County for the sale of an item, which shall be calculated by subtracting the
Contractor's Commission and any applicable Transportation costs from the Sale Price.
Page 1
Pinellas County Purchasing and Risk Management Standard Services Agreement 071201!7
L "Services" means the work, duties and obligations to be carried out and perforated by Contras
described throughout this Agreement and as specifically described in Exhibit A ("Statement of
incorporated herein by reference. As used in this Agreement, Services shall include any comlwn
function inherent, necessary, or a customary part of the Services, but not specifically described in this
the provision of all standard day -today administrative, overhead, and internal expenses, including
products, office supplies, consumables, tools, postage, computer hardwarelsoflware, telephone charg
travel, lodging, and per diem and all other costs required to perform Services except as otherwise
Agreement:
J. "Sale Price" means either the actual sale price resulting from the auction of an item, or, in the event
for less than the County -designated MAP without prior consent, the MAP.
K. "Transportation Costs" means Contractor's actual costs, evidenced by such documentation as thr G
by Contractor for transporting and delivering sale items to Contractor's auction site.
2. Conditions Precedent. This Agreement, and the Parties' rights and obligations herein, arc contingent
Contractor securing and/or providing the performance security, if required in Section 3, and the insurance coverai
13, within ten (10) days of the Effective Date. No Services shall be performed by the Contractor and theof
obligations of any type until Contractor satisfies these conditions. Unless waived in writing by the County, 2 t
fails to satisfy the conditions precedent within the time required herein, the Agreement shall be deemed no% to
and shall be null and void. i
ler this Agreement, as
) attached hereto and
c, subtask, service, or
mcnt, and shall include
materials, equipment,
ler usage, fax charges,
tally provided in this
sells an item
requires, incurred
►n and subject to the
s) required in Section
Y shall not incur any
event the Contractor
ve been entered into
3. Services,
A. Services. The County retains Contractor, and Contractor agrees to provide the Services. All Seryices shall be performed to
the satisfaction of the County and shall be subject to the provisions and terms contained herein and the Exhibits attached hereto.
B. Services Requiring Prior Approval. Contractor shall not commence work on any Services requirmg prior written
authorization in the Statement of Work without approval from Contract Administrator or designee.
C. Additional Services. From the Effective Date and for the duration of the project, the County may elect to have Contractor
perform Services that are not specifically described in the Statement of Work attached hereto but are r laced to the Services
("Additional Services"), in which event Contractor shall perform such Additional Services for the compensation specified in the
Statement of Work attached hereto. Contractor shall commence performing the applicable Additional S ces promptly upon
receipt of written approval as provided herein.
D. D"coping of Services. The County reserves the right, in its sole discretion, to de -scope Services upon written notification to
the Contractor by the County. Upon issuance and receipt of the notification, the Contractor and the County shall enter into a written
amendment reducing the appropriate Services Fee for the impacted Services by a sum equal to the amount at sociated with the de -
scoped Services as defined in the payment schedule in this Agreement, if applicable, or as determined by =111t written consent of
both Parties based upon the scope of work performed prior to issuance of notification.
E. Independent Contractor Status and Compliance with the Immigration Reform and Control Act. wrtractor is and shall
n
remain an independent contractor and is neither agent, employee, partner, nor joint venturer of County. for acknowledges
that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 198 located et 8 U.S.C.
1324, et seq, and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above
provisions shall be considered a material breach of the Agreement.
F. Non -Exclusive Services. This is a non-exclusive Agreement. During the term of this Agreement, and any extensions thereof,
the County reserves the right to contract for another provider for similar services as it determines necessary in its sole discretion.
G. Project Monitoring. During the term of the Agreement, Contractor shalt cooperate with the County, either directly or through
its representatives, in monitoring Contractor's progress and performance of this Agreement.
H. Provision for Other Agencies. Contractor agrees to provide the Services described is this Agreement, at the some prices, and
equivalent terms and conditions, to other Florida slate or local government agencies upon the request of ay such agency, and
pursuant to an independent agreement executed between Contractor and the rcquebting agency.
Page 2
Pinellas County Purchasing and Risk Management Standard Services Agreement 07-20117
f
4. Tern of Aaraeement.
A. Initial Term. The term of this Agreement shrill commence on the Elrective Date and shall remain in
eighty-four (84) months, or until termination of the Agreement, whichever occurs first.
B. Term Extension.
The term of this Agreement may not be extended. All Services shall be completed by the expiration
defined in 4.A.
5. Compensation and Method of Payment.
A. Basis of Compensation. As Contractor's compensation for Services completed in accordance with th
may retain from the Sale Price for each sale conducted the applicable Contractor's Commission, as set
hereto and incorporated herein by reference, together with any applicable Transportation Costs ("Services
may be retained, and the entire remaining balance of each Sale Price shall be paid to the County. It is ack
Contractor that this compensation constitutes a limitation upon County's obligation to compensate Con
required by this Agreement, but docs not constitute a limitation upon Contractor's obligation to perform a]
by this Agreement.
B. Method of Payment. Within 12 days of any auction, Contractor shall submit an electronic accou
described in Exhibit A, as well as all documentation required by the County for proof of Transportatic
shall be subject to County's review and approval in accordance with the Dispute Resolution process set
than 45 days from approval by the County of the electronic accounting report and Transportation Cost
pay the total of all Net Sale Proceeds, by sending payment to County's Finance Department, at the addr
attached hereto and incorporated herein by reference. All payments shall be in accordance with the E
Section 218.70 et seq., Florida Statutes, `The Local Government Prompt Payment Act," as well as the C
Dispute Resolution Process established in accordance with Section 218.76, Florida Statutes,
force and effect for
the initial term as
Vement, Contractor
Exhibit B attached
. No other amounts
dged and agreed by
r for such Services
e Services required
eport, as more fully
s, which submittals
Exhibit B. No later
its, Contractor shall
icated in Exhibit D,
blc requirements of
s Invoice Payments
C. Amounts Owed By Contractor. The County shall invoice Contractor for any Amounts Owed to County, end Contractor shall
remit auction proceeds, net of fees and expenses, within 45 days of auction close.
D. Travel Expenses.
The Services Fee includes all travel, lodging and per diem expenses incurred by Contractor in
L. Taxes. Contractor acknowledges that the County is not subject to any state or federal sales, use,
excise taxes.
6. Personnel.
A. Qualified Personnel. Contractor agrees that each person performing Services in connection with this A
the qualifications and shall fulfill the requirements set forth in this Agreement.
B. Approval and Replacement of Personnel. The County shall have the right to approve all Contractor Pi
provide the Services, which approval shall not be unreasonably withheld. Prior to commencing the Services,
provide at least ten (10) days written notice of the names and qualifications of the Contractor Personnel assigned
pursuant to the Agreement. Thermfler, during the term of this Agreement, the Contractor shall promptly ant
County provide written notice of the names and qualifications ofany additional Contractor Personnel assigned i
The County, on a reasonable basis, shall have the right to require the removal and replacement of any of the C
performing Services, at any time during the term of the Agreement. The County will notify Contractor ini writ
County requires such action. Contractor shall accomplish any such removal within forty-eight (48) hours of
from the County and shall promptly replace such person with another person, acceptable to the County, with 0
and expertise to perform the Services assigned to such individual in accordance with this Agreement, in sitz alio
Contractor Personnel are prohibited by applicable law from providing Services, removal and rcplaccnicnt
Personnel shall be immediate and not subject to such forty-eight (48) how replacement timeframe and the pros
A.l. shall apply if minimum required staffing is not maintained.
Page 3
Pinellas County Purchasing and Risk Management Standard Services Agreement
Services.
and certain
shall have
sonnel assigned to
re Contractor shall
o perform Services
as required by the
perform Services.
ntractor Personnel
ng in the event the
,t receipt of notice
Mcient knowledge
s where individual
f such Comractor
sions of Section 7.
7. Termination,
A. Contractor Default Provisions and Remedies of County.
1. EvOIs of Default_ Any of the following shall constitute a "Contractor Event of Default" heretinde �. (i) Contractor fails
to maintain the staffing necessary to perform the Services as required in the Agreement, fails to per ornr the Services as
specified in the Agreement, or fails to complete the Services within the completion dates as a ed ' the Agreement; (ii)
Contractor breaches Section 9 (Confidential Information); (iii) Contractor fails to gain acceptance o a deliverable per Section
15, if applicable, for two (2) consecutive iterations; or (iv) Contractor fails to perform or observe y of the other material
provisions of this Agreement
2. Cure Provisions. Upon the occurrence of a Contractor Event of Default as set out above, the Cobnty shall provide written
notice of such Contractor Event of Default to Contractor ("Notice to Cure"), and Contractor shall have th' (30) calendar days
after the date of a Notice to Cure to correct, cure, and/or remedy the Contractor Event of Default described in the written notice.
3. Termination for Cause by the Count In the event that Contractor fails to cure a Contractor Evert of Default as authorized
herein, or upon the occurrence of a Contractor Event of Default as specified in Section 7.A.1.(iii), tt to Cunty may terminate
this Agreement in whole or in part, effective upon receipt by Contractor of written notice of tetmmna tan pursuant to this
provision, and may pursue such remedies at law or in equity as may be available to the County.
B. County Default Provisions and Remedies of Contractor.
1. Events of Default. Any of the following shall constitute a "County Event of Default hereunder: (ip the County fails to
make timely undisputed payments as described in this Agreement; (ii) the County breaches �ectlon 9 (Confidential
Information); or (iii) the County fails to perform any of the other material provisions of this Agreernept. II
2. Cure Provisions. Upon the occurrence of a County Event of Default as set out above, Contractor shall provide written
notice of such County Event of Default to the County (Notice to Cure"), and the County shall have (30) calendar days
after the date of a Notice to Cure to correct, cure, and/or remedy the County Event of Default describin the written notice.
3. Termination for Cause by Contractor. In the event the County fails to cure a County Event ofDefault as authorized herein,
Contractor may terminate this Agreement in whole or in part effective on receipt by the County of written notice of termination
pursuant to this provision, and may pursue such remedies at law or in equity as may be available to tli!e Contractor.
C. Termination for Convenience. Notwithstanding any other provision herein, the County may terminate this Agreement,
without cause, by giving thirty (30) days advance written notice to the Contractor of its election to terminate 'his Agreement pursuant
to this provision.
8. Time is of the Essent e. Time is of the essence with respect to all provisions ofthis Agreement that specify a ti ne for performance,
including the Services as described in Exhibits attached hereto; provided, however, that the foregoing shall nut be construed to limit a
Party's cure period allowed in the Agreement.
9. Confidential Information and Public Records.
A. County Confidential Information Contractor shall not disclose to any third party County Con6dent�al Information that
Contractor, through its Contractor Personnel, has access to or has received from the County pursuant to its peri rmanee of Services
pursuant to the Agreement, unless approved in writing by the County Contract Manager. All such County Con dential Information
will be held in trust and confidence from the date of disclosure by the County, and discussions involving s4ch County Confidential
Information shall be limited to Contractor Persoumel as is necessary to complete the Services.
B. Contractor Confidential information All Contractor Confidential Information received by the County 1
be held in trust and confidence from the date of disclosure by Contractor and discussions involving such Cor
Information shall be limited to the members of the County's staff and the County's subcontractors who require
the performance of this Agreement. The County acknowledges and agrees to respect the copyrights, rcgistratio
other proprietary rights of Contractor in the Contractor Confidential Information during and after the term of
shall at all times maintain the confidentiality of the Contractor Confidential Information provided to the &Uri
law and the laws of the State of Florida related to public records disclosure. Contractor shall be solelyre I
and all action it deems necessary to protect its Contractor Confidential Information except as provided
acimowledges that the County is subject to public records legislation, including but not limited to Chapter 11
and the Florida Rules of Judicial Administration, and that any of the County's obligations under ibis Sectioir m,
its obligations under any requirements of said laws.
Page 4
Pinellas County Purchasing and Risk Management Standard Services Agreement
in Contractor will
tctor Confidential
ch information in
trade secrets and
e Agreement and
subject to federal
)le for taking any
rein. Contractor
Florida Statutes,
be superseded by
C. Public Records. Contractor acknowledges that information and data it manages as part of the services rosy be public records
in accordance with Chapter 119, Florida Statutes and Pinellas County public records policies. Coutraetar agrees that prior to
providing services it will implement policies and procedures to maintain, produce, secure, and retain public %ecords in accordance
with applicable laws, regulations, and County policies, including but not limited to the Sectiou 119. 1, Florida Statutes.
Notwithstanding any otherpmvi6an ofthis Agreement relating to compensation, the Contractor agrees tolchm ge the County, and/or
any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes, and Cou ity policy for locating
and producing public records during the term of this Agreement.
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 conga t, contact the
Pinellas County Board of County Commissioners, Purchasing and Risk Management
Department, Operations Manager enstodian of public records at 727-464-3311,
nurchaserat-pinellascount%,.org, Pinellas County Government, Purchas' g and Risk
Management Department, Operations Manager, 400 S. Ft. Harrison! Ave, 66 Floor,
Clearwater, FL 33756.
10. Audit. Contractor shall retain all records relating to this Agreement for a period of at least three (3) ye i ftci finala
p yment is
made. All records shall be kept in such a way as will permit their inspection pursuant to Chapter 119, Florida 9tatutes. In addition,
County reserves the right to examine and/or audit such records.
11. Compllartce with Laws. Contractor shall comply with all applicable federal, state, county and local laws, mantes, rules and
regulations in the performance of its obligations under this Agreement, including the procurement of licenses, is and certificates
where required, and including, but not limited to, laws related to Workers' Compensatinn, Americans with! Disbbilities Act (ADA),
Section 504 of the Rehabilitation Act of 1973, Equal Employment Opportunity (EEO), Minority Business Entcrpriss (MBE), and OSHA,
health and the environment, and privacy of medical records or information as applicable to this contract.
12. Public Entities Crimes
Contractor is directed to the Florida Public Entities Crime Act, Section 287.133, Florida Statutes, as well a� FIE)Lda Statute 287.135
regarding Scrutinized Companies, and represents to County that Contractor is qualified to transact business W public entities in
Florida, and to enter into and fully perform ibis Agreement subject to the provisions state therein. Failure tci comply with any of the
above provisions shall be considered a material breach of the Agreement.
13. Llabflitt• and Insurance.
A. Insurance. Contractor shall comply with the insurance requirements set out in Exhibit C, attached hereto and incorporated
herein by reference.
B. Indemnification. Contractor agrees to indemnify, pay the cost of defense, including attorney's fees, d hold harmless the
County, its officers, employees and agents from all damages, suits, actions or claims, including reasonattorney's fees incurred
by the County, of any character brought on account of any injuries or damages received or sustained b—person, persons, or
property, or in any way relating to or arising from the Agreement; or on account of any act or omission regret or misconduct of
Contractor; or by, or on account of any claim or amounts recovered under the Workers' Compensation w of any other laws,
regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright
infringement or litigation based thereon; except only such injury or damage as shall have been occasioneii by, the sole negligence
of the County.
C. Liability. Neither the County nor Contractor shall make any express or implied agreements, guaranties I representations, or
incur any debt, in the name of or on behalf of the other Party. Neither the County nor Contractor shall be obligated by or have any
liability under any agreements or representations made by the other that are not expressly anthorized hereunder. The County shall
have no liability or obligation for any damages to any person or property directly or indirectly, arising bout of The operation by
Contractor of its business, whether caused by Contractor's negligence or willful action or failure to act
D. Contractor's Taxes. The County will have no liability for any sales, service, value added, use, excise, groE s receipts, property,
workers' compensation, unemployment compensation, withholding or other taxes, whether levied upon Contractor or Contractor's
assets, or upon the County in connection with Services performed or business conducted by Contractor. Pey4nt of all such taxes
and liabilities shall be the responsibility of Contractor.
Page 5
Pinellas County Purchasing and task Management Standard Services Agreement 07-2017
14. County's Funding, The Agreement is not a general obligation of the County. It is understood that neither eis Agreement nor any
representation by any County employee or officer creates any obligation to appropriate or make monies available for the purpose of the
Agreement beyond the fiscal year in which this Agreer ent is executed. No liability shall be incurred by the County, or any department,
beyond the monies budgeted and available for this purpose. If funds are not appropriated by the County for any or all of this Agreement,
the County shall not be obligated to pay any stuns provided pursuant to this Agreement beyond the portiep for which funds are
appropriated. The County agrees to promptly notify Contractor in writing of such fairlure of appropriation, and upon receipt of such
notice, this Agreement, and all rights and obligations contained herein, shall terminate without liability or penagy to the County.
15. Aecentonee of Services. For all Services deliverables that require County acceptance as provided in the tatement of Work, the
County, through the Contract Administrator or designee, will have ten (10) calendar days to review the deliverables) alter receipt or
completion of same by Contractor, and either accept or reject the deliverables) by written notice to RovalMiction Group Inc if a
deliverable is rejected, the written notice from the County will specify any required changes, deficiencies, and/or additions necessary.
Contractor shall then have seven (7) calendar days to revise the deliverable(s) to resubmit and/or complete the deliverable(s) for review
and approval by the County, who will then have seven (7) calendar days to review and approve, or reject the deliverable(s); provided
however, that Contractor shall not be responsible for any delays in the overall project schedule that result from �he County's failure to
timely approve or reject deliverable(s) as provided herein, Upon final acceptance of the detiverable(s), the County will accept the
deliverable(s) in writing.
16. SubcontractiWAsslen went,
A. Subcontracting. Contractor is fully responsible for completion of the Services required by this Agr+-em t and for completion
of all subcontractor work, if authorized as provided herein. Contractor shall not subcontract any work underthis Agreement to any
subcontractor other than the subcontractors specified in the proposal and previously approved by the 'Co tinty, without the prior
written consent of the County, which shall be determined by the County in its sole discretion.
B. Assignment.
This Agreement, and all rights or obligations hereunder, shall not be assigned, transferred, or delcgat� in whole or in part,
including by acquisition of assets, merger, consolidation, dissolution, operation of law, change in effective control of the
Contractor, or any other assignment, transfer, or delegation of rights or obligations, without the prior;vrittw consent of the
County. The Contractor shall provide written notice to the County within fifteen (15) calendar days of any action or occurrence
assigning the Agreement or any rights or obligations hereunder as described in this section. In the event the County does not
consent to the assignment, as determined in its sole discretion, the purported assignment in violation 4 this section shall be
null and void, and the County may elect to terminate this Agreement by providing written notice of i election to terminate
pursuant to this provision upon fifteen (15) days' notice to Contractor. j
17. Survival. The following provisions shall survive the expiration or termination of the Term of this Agree men 7, 9, 10, 13 20, 23,
and any others which by their oature would survive termination.
18. Notices. All notices, authorizations, and requests in connection with this Agreement shall be deemed given on the day they are:
(1) deposited in the U.S. mail, postage prepaid, certified or registered, return receipt requested; or (2) sent by air express courier (e.g.,
Federal Express, Airborne, etc.), charges prepaid, return receipt requested; or (iii) sent via email and addressed as set forth below, which
designated person(s) may be amended by either Party by giving written notice to the other Party:
For County:
Attn: Contract Administrator _
Fleet Management Operations
9685 Ulmerton Road
Largo, FL 33778
For Contractor.
Attn: George Frazier
2738 Gall Boulevard
Zephyrhills, FL 33541
with a copy to:
Division Director
Pinellas County Purchasing and Risk Management Division
400 South Fort Harrison Avenue
Clearwater, FL 33756
Page 8
Pinellas County Purchasing and Risk Management Standard Services Agreement 07-20717
19. Conflict of Interest.
A. The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would
conflict in any manner with the performance of the Services required hereunder, and that no person having any such interest shall
be employed by Contractor during the agreement term and any extensions.
B. The Contractor shall promptly notify the County in writing of any business association, interest, r o er circurnstancc which
constitutes a conflict of interest as provided herein, If the Contractor is in doubt as to whether a pros4cti a business association,
interest, or other circumstance constitutes a conflict of interest, the Contract may identify the prospective business association,
interest or circumstance, the nature of work that the Contractor may undertake and request an opinion as do whether the business
association, interest or circumstance constitutes a conflict of interest if entered into by the Contractor. Theounty agrees to notify
the Contractor of its opinion within (10) calendar days of receipt of notification by the Contractor, whichhel! be binding on the
Contractor. I
20. Right to Ownership. All work created, originated and/or prepared by Contractor in perfnrmin� Sel
Agreement, to the extent that such work, produces, documentation, materiels or information are described m or hued by pursuant to the Servithe
ces
(collectively, the "Work Product'I shall be County's property when completed and accepted, if acceptance is I rqurred in this Agreement,
and the County has made payment of the sums due therefor:, The ideas, concepts, know-how or techniques developed daring the course
of this Agreement by the Contractor or jointly by Contractor and the County may be used by the County without obligation of notice or
accounting to the Contractor. Any date, information or other materials famished by the County for use by Contractor under this
Agreement shalt remain the sole property of the County.
21. Amendment. This Agreement may be amended by mutual written agreement of the Parties hereto.
1
22. Severabtfity, The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or
condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality ofthir remaining terms and
conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect unless the particular
clause, term, or condition held to be illegal or void renders the balance of the Agreement impossible to perfb m. j
23. Applicable JAw and Venae. This Agreement sball be governed by and construed in accordance wil
Florida (without regard to principles of conflicts of laws). The Parties agree that -all actions or proceedings
this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a Part
federal court) courts located in or for Pinellas County, Florida. This choice of venue is intended by the Partii
permissive in nature, and to preclude the possibility of litigation between the Parties with respect to, or arisin,
any jurisdiction other than that specified in this section. Each Party waives any right it may have to assert
conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance wi
24. Waiver- No waiver by either Party of any breach or violation of any covenant, terra, condition, or p:
of the provisions of any ordinance or law, shall be construed to waive any other term, covenant, condition,
or of any subsequent breach or violation of the same.
25. Due Authority. Each Party to this Agreement represents and warrants that: (i) it has the full right and
all ncccssamy approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf o
do so; (iii) this Agreement constitutes a valid and legally binding obligation of the Party, enforceable in ace(
26. No 7bird Parti• Beneficlam The Parties hereto acknowledge and agree that there are no third
Agreement Persons or entities not a party to this Agreement may not claim any benefit from this A
beneficiaries hereto.
27. Entire Agreement. This Agreement constitutes time entire Agreement between the Parties and supersedes
representations or agreements either oral or written
('Signature Page Follows)
Page 7
laws of the State of
mg in connection with
:ts to file an action in
x mandatory and not
o& this Agreement in
octrine offorum non
S section.
of this Agreement or
ns, ordinance or law,
ty and has obtained
Rty is authorized to
with its terms.
beneficiaries to this
:nt or as third party
prior negotiations,
Pinegas County Purchasing and Rlsk Management Standard Services Agreement D7-2017
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year fimi wri ten.
PINELLAS COUNTY, FLORIDA Royal Auction Group, Inc. i
By and through its �
Board of Count• Commissioners, Name of Fir j
�� By.
By 'gni
Pat Gerard, Chair, Board of County Commissioners av
�% 1,11111 Print Name
%�`� &%Ty � ��i�
O� 0-06
%J+�
SEA- Title
•
• v,.
Ken Burke, o64o�alp
'4 •
Clerk of the Circuit '���q--%%%
By_J
Deputy lent
.0 t wry Public SM of paw
Rlohard A. PasoareW JR
APPROVED AS TO FORM' °t;"'
CNA HASTON
ICE OF THE COUNTY ATTORNEY
Page 8
Pinellas County Purchasing and Risk Management Standard Services Agreement 07
EJ111BIT A- SCOPE OF WORK
1. Minimum Acceptable Price (MAP)
a. The Seller may, at anytime, establish a MAP for any vehicle or related equipment
listing.
inventory
b. Contractor shall make no sale below any set MAP limit without prior consent.
c. In an event where an item has been sold below the established MAP limit Contract r, ithout prior
consent, the Contractor shall reimburse the Seller for the difference between sale d Ilam and MAP.
2. Logistics
a. The County or Participating Agency (Seller) will provide an inventory listing of vehicles and related
equipment to be auctioned at least ten (10) days prior to the auction date.
b. The Seller may be required to add, modify or delete items from such list within an agreed upon
amount of days prior to the auction day.
c. Contractor shall accommodate auctioneering services for all vehicles and related equipment within
ten (10) days of notice.
d. Contractor shall be responsible for coordinating the transporting and delivery of inventory
equipment to Contractor's auction site, including the payment of such.
I. Contractor shall then provide the Seller with Invoices showing actual trans�orttion costs,
which will be deducted from the sales proceeds.
e. There shall be no mark up on transportation cost or any pass-through costs.
f. Upon receipt of equipment to be auctioned, Contractor shall provide the participating e ntity with a
receipt.
g. Contractor shall immediately notify the Seller of any item(s) containing license pl., tes light bars,
logos and seals, or other identification markings. Such items shall not be auctioned. Co itractor will
hold items until given direction from Pinellas County Fleet Management contract ac min istrator.
h. Contractor shall be required to remove any decals and numberings from vehicles/equipment
without damaging paint finish.
3. Contractor shall be responsible to provide all personnel, advertising and services nece'ssa'ry to conduct
the auction.
4. Contractor shall have a website that includes current data and photos of equipment inventory for each
scheduled auction and such website shall have the capability to allow bidders to enter broxy bid on
specified items.
5. Contractor shall have the capability to conduct Internet -based auctions whereby all bid Ing may be
conducted remotely to enable auction sales to continue in the event public gatherings are limited in
number or prohibited altogether.
6. Disclaimer of Sales
a. Contractor shall post or distribute to the audience and on website the terms an i conditions,
restrictions, and procedures whereby goods will be sold at the auction.
b. Contractor shall advise the bidder of known defective conditions of any vehicle and/or v�hicle related
equipment offered for sale before offering the vehicle and/or vehicle related equiprrient for auction.
c. All sales must be F.O.B place of sale, and are to be sold AS IS, and shall disclaim all warranties
express or implied, including but not limited to warranty, fitness for a particular Ipurpose, or
merchantability. Such disclaimer shall be indicated on each advertisement or; anpouncement.
Contractor will be responsible for and will bear or reimburse the Seller for any expenses resulting
from Contractor's failure to provide such disclaimer.
d. Each auction item shall include a notice of description with description of all relevant details of item,
including MAP / Right of Refusal (ROR), year, make, and model, as applicable.
f
EI MIT A- SCOPE OF WORK
7. Contractor shall have electronic access to the department of Motor Vehicles (DMV) database to check
registration, Vehicle Identification Number (VIN), etc.
B. Contractor must provide services necessary to register, license, and/or transfer tifle of vehicle and/or
vehicle related equipment to buyer, including the submittal of all required paperwork to D{�AV within a
period of thirty (30) days.
9. Contractor will be responsible for collecting, counting and recording all proceeds and d%cumentation
received during the auction, including certification of payment of Florida State Sales t . Acceptance of
bad checks or errors in computation of funds will be at the auctioneer's risk.
10. For verification purposes, all auctions sales must be electronically recorded.
11. Seller will be paid based on recorded sale value. No-shows will be deducted from the total sa es; however,
deposit paid by the no shows will be recorded as a sale.
12. Facility Requirements
a. All auctions shall be conducted at auctioneer's owned or leased facility.
b. Contractor's facility shall have the capability to accommodate approximately 100 vehicles,
Including large trucks and oversized vehicles and related equipment.
C. Contractor's facility shall have the capability to safely store the same amount offj�l additional
equipment, at no extra cost to the participating entity, until equipment Is sold and picke{i up by the
buyer.
d. Contractor may not store vehicles and or related equipment at a location(s) other than the
Contractor's owned or leased facility at which the auction takes place.
e. Seller shall be provided with access when requested to the secured storage facility as well as, the
Contractor's auctions to monitor and record bid prices.
f. Contractor shall provide access to all prospective bidders to inspect equipment, at le st five (5)
business days prior to the auction date, including a two (2) hour inspection period the orning of
the auction. The facility shall be open a minimum of eight (8) hours daily during public inspection
periods.
13. Damaged or Lost Property
a. Contractor will be responsible for replacing or compensating the Seller at fair market v lue, for any
property lost, stolen, damaged or destroyed by a third party or vandalism. The replacement or repair
shall be within the time frame specified by the Seller. All replacements or repairs will require prior
written approval.
b. A third party appraiser valuation shall be the final arbiter in the event of a dispute on r placements
or repairs between the Seller and the Contractor. If the Contractor has failed to prope y replace or
repair damaged vehicles and/or vehicle related equipment, the County will invoice Con ractor for all
damages incurred.
c. The Contractor shall pay the Seller for the appraised value or 31d party appraiserv lu ion of the
loss/damaged related equipment and such payment shall be made within thirty (3) days of the
loss.
14. At point of sale, Contractor shall provide successful bidder with a bill of sale and the
items.
15. Seller shall not pay any premiums associated with the sale of items at auctions.
vehicle
EJ13IBIT A- SCOPE OF WORK
16. Reports
a. Sold items
After each auction, Contractor shall provide Seller an electronic accour
format, within twelve (12) business days of the auction for all items sold at a
but not limited to:
1. Date Auction Conducted
2. Seller Name
3. Seller established MAP price (as applicable) per item
4. Description of Product Auctioned, including:
a. Year
b. Make and Model Number (as applicable);
c. Property Control Number, VIN, Serial Number (as applicable);
5. Selling Price
6. Transportation Fees
7. Auctioneers Commission Dollar Amount
B. Net Price Due to Seller
9. Signature Attesting to Accuracy of the Gross and Net Pricing and Dated
in EXCEL
i, including
b. Unsold Items
i. Contractor shall furnish the Seller with the equipment listing of all unsold vehicles and
equipment items within six (6) business days of close of each auction. This equipr ient listing
shall include all submitted bid pricing, if any.
Unless otherwise stated by the Seller, such items shall be held by contractor in a safe and fully 3ecured
location until the next auction, at no expense to the Seller.
i
EDIT B- CON CON MLSSION
DESCRIPTION : ,__
COMMISSION FEE
BUMS
FEE
Items with sale price less than $5,000
N/A
Items with We price between $5,001 - $I5,000
N/A
�0 �/.
Items with sale price over $15,000
N/A
0
..Cost for removal of decals and lettering $0.00 /per.vehicle
Page 10
Pinellas County Purchasing and Risk Management Standard Services Agreement
EXHIBIT C- INSURANCE REQUIREMENTS
1. INSURANCE:
The recommended Proposer must provide a certificate of insurance and endorsement In accordance with the
insurance requirements listed below, prior to award of contract. Failure to provide the required nsurance within the
requested timeframe may result in your submittal being deemed non-responsive.
The contracted Proposer shall obtain and maintain, and require any sub -contractors to obtain and maintain, at all
times during its performance of the Agreement, insurance of the types and in the amounts sel forth. For projects
with a Completed Operations exposure, Contractor shall maintain coverage and provide evidence of insurance for
two (2) years beyond final acceptance. All insurance policies shall be from responsible companies duly authorized
to do business in the State of Florida and have an AM Best rating of A- VIII or better.
a) Proposal submittals should include, the Proposer's current Certificate(s) of Insurance in accordance with the
insurance requirements listed below. If Proposer does not currently meet insurance reglirements, Proposer
shall also include verification from their broker or agent that any required insurance not'proWed at that time of
submittal will be in place prior to the award of contract.
b) if certificate received with bid was a compliant certificate no further action may be necessary'. The Certificate(s)
of Insurance shall be signed by authorized representatives of the insurance compar'ies shown on the
Certificate(s). A copy of the endorsement(s) referenced In paragraph d) for Additional Insured shall be
attached to the certlficate(s) referenced In this paragraph. The certificate must name' Pinellas County, a
Political Subdivision of the State of Florida 400 S fort Harrison Avenue Clearwater, FL 33756, as certificate
holder. Certificate marked "Sample", or blank certificate holder information are not compliant.
c) Approval by the County of any Certificate(s) of Insurance does not constitute verification bythe County that the
insurance requirements have been satisfied or that the insurance policy shown on the Certificate(s) of Insurance
is in compliance with the requirements of the Agreement. County reserves the right to require a certified copy
of the entire insurance policy, including endorsement(s), at any time during the RFP anii/or, contract period.
d) All policies providing liability coverage(s), other than professional liability and workers compensation policies,
obtained by the Proposer and any subcontractors to meet the requirements of the Agreetne t shall be endorsed
to include Pinellas County a Political subdivision of the State of Florida as an Additional Insured.
e) If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of the Work,
11
you will be noted by CTrax, the authorized vendor of Pinellas County. Upon notification, renewal Certificate(s)
of Insurance and endorsement(s) shall be furnished to Pinellas County Risk Management at
InsuranceCerts(u)pinellascounty.org and to CTrax c/o JDi Data at PinellasSupportOi idata.com by the
Proposer or their agent prior to the expiration date.,
(1) Proposer shall also notify County within twenty-four (24) hours after receipt, of any n �tices of expiration,
cancellation, nonrenewal or adverse material change in coverage received by said Proposer from its
insurer. Notice shall be given by email to Pinellas County Risk Management at
lnsuranceCerts(aD-pinellascountv.org. Nothing contained herein shall absolve Proposer of this requirement
to provide notice.
(2) Should the Proposer, at any time, not maintain the insurance coverages required
terminate the Agreement, or at its sole discretion may purchase such coven
protection of the County and charge the Proposer for such purchase or offset the cl
to proposer for services completed. The County shall be under no obligation to pi
nor shall it be responsible for the coverages purchased or the insurance company c
decision of the County to purchase such insurance shall in no way be construed to
rights under the Agreement.
f} The County reserves the right, but not the duty, to review and request a copy of the
annual report or audited financial statement when a self-insured retention (SIR) or de(
Page 11
n, the County may
necessary for the
ainst amounts due
>e such insurance,
ipanies used. The
waiver of any of its
otor's most recent
exceeds $50,000.
Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017
g) If subcontracting is allowed under this RFP, the Prime Proposer shall obtain and main�ainat all times during
its performance of the Agreement, insurance of the types and in the amounts set tort ; and require any
subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance limits as
it may apply to the portion of the Work performed by the subcontractor, but in no event will a insurance limits
be less than $500,000 for Workers' Compensation/Employers' Liability, and $1,000,000 for General Liability
and Auto Liability if required below.
(1) All subcontracts between Proposer and its subcontractors shall be in writing and are
prior written approval. Further, all subcontracts shall (1) require each subconi
Proposer to the same extent Proposer is bound to the County by the terms of the C
those terms may apply to the portion of the Work to be performed by the subcontra
assignment of the subcontracts from Proposer to the County at the election of Owl
the Contract; (3) provide that County will be an additional indemnified party of the s
that the County will be an additional insured on all insurance policies required
subcontractor except workers compensation and professional liability; (5) provide M
favor of the County and other insurance terms and/or conditions as outlined below, (
directly to the County; and (7) identify the County as an intended third -pa
subcontract. Proposer shall make available to each proposed subcontractor, prior
subcontract, copies of the Contract Documents to which the subcontractor will be b
and identify to the subcontractor any terms and conditions of the proposed subcoi
variance with the Contract Documents.
h) Each insurance policy and/or certificate shall include the following terms and/or
ect to the County's
)r to be bound to
act Documents, as
(2) provide for the
pon termination of
mtract; (4) provide
provided by the
r of subrogation in
,sign all warranties
)eneficiary of the
e execution of the
I by this Section C
t which may be at
(1) The Named Insured on the Certificate of Insurance and insurance policy must match the entity's name that
responded to the solicitation and/or is signing the agreement with the County. If Pro fiosgr is a Joint Venture
per Section A. titled Joint Venture of this RFP, Certificate of Insurance and Named Insured must show Joint
Venture Legal Entity name and the Joint Venture must comply with the requirem nof Section C with
regard to limits, terns and conditions, including completed operations coverage.
(2) Companies issuing the insurance policy, or policies, shall have no recourse against)
premiums or assessments for any deductibles which all are at the sole responsibility
(3) The term "County" or "Pinellas County" shall include all Authorities, Boards, B1
Divisions, Departments and Constitutional offices of County and Individual members
their official capacities, and/or while acting on behalf of Pinellas County.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage curr
any such future coverage, or to County's Self -Insured Retentions of whatever nature
(5) All policies shall be written on a primary, non-contributory basis.
(6) Any Certificate(s) of Insurance evidencing coverage provided by a leasing comp
compensation or commercial general liability shall have a list of covered employees i.
company attached to the Certificate(s) of Insurance. The County shall have the right
to determine that the Proposer is only using employees named on such list to perfon
Should employees not named be utilized by Proposer, the County, at its option n
penalty to the County until proof of coverage or removal of the employee by the
alternatively find the Proposer to be in default and take such other protective measu
(7) Insurance policies, other than Professional Liability, shall include waivers of subrogal
County from both the Proposer and subcontractor(s).
i) The minimum insurance requirements and limits for this Agreement, which shall remain' in
duration and for two (2) years beyond final acceptance for projects with a Completed Open
as follows: 1
Page 12
Pinellas County Purchasing and Risk Management Standard Services Agreement
ity for payment of
risk of Contractor.
Commissions,
tees thereof in
held by County or
for either workers
ifred by the leasing
t not the obligation
ork for the County.
stop work without
ntractor occurs, or
as necessary.
in favor of Pinellas
throughout its
exposure, are
(1) Workers' Compensation Insurance
Limit Florida Statutory
Employers' Liability Limits
Per Employee $ 500,000
Per Employee Disease $ 500,000
Policy Limit Disease $ 500,000
(2) Commercial General Liability Insurance including, but not limited to, Independent'
Liability Premises/Operations, Products/Completed Operations, and Personal Inju�
(3)
Limits
Combined Single Limit Per Occurrence $ 1,000,000
Products/Completed Operations Aggregate $ 2,000,000
Personal Injury and Advertising Injury $ 1,000,000
General Aggregate $ 2,000,000
Business Automobile or Trucker's/Garage Liability Insurance covering owned, h
vehicles. if the Proposer does not own any vehicles, then evidence of Hired and Ni
sufficient. Coverage shall be on an "occurrence" basis, such insurance to include coi
unloading hazards, unless Proposer can show that this coverage exists under the
Liability policy. Motor Carrier Act endorsement (MCS 90) shall be attached. i
Limit
Combined Single Limit Per Accident $ 1,000,000
(4) Excess or Umbrella Liability Insurance excess of the primary coverage required, in
above:
Limits
Each Occurrence $ 1,000,000
General Aggregate $ 1,000,000
Property Insurance Proposer will be responsible for all damage to its own property, equipment and/or
Page 13
Pinellas County Purchasing and Risk Management Standard Services Agreement 07
, Contractual
and non -owned
ned coverage is
a for loading and
mercial General
(1), (2), and (3)
EXHIBIT D - PAYMENTANVOICES:
PAYMENTANVOICES:
SUPPLIER shall submit invoices for payment due as provided herein with such documentation as required' by Pinellas County
and all payments shall be made in accordance with the requirements of Section 218.70 et. seq, Fl 'on Statutes, "The Local
Government Prompt Payment Act." Invoices shall be submitted to the address below unless i ted otherwise on the
purchase order, or if no purchase order, by the ordering department:
Finance Division Accounts Payable
Pinellas County Board of County Commissioners
P. O. Box 2438
Clearwater, FL 33757
Each invoice shall include, at a minimum, the Supplier's name, contact information and the standatrd
In order to expedite payment, it is recommended the Supplier also include the information shown in 1
dispute any payments invoiced by SUPPLIER in accordance with the County's Dispute Resoluti(
Payments, established in accordance with Section 218.76, Florida Statutes, and any such disput
accordance with the County's Dispute Resolution Process.
INVOICE INFORMATION:
Supplier Information Company name, mailing address, phone number, contact name and email
the PO
Remit To Billing address to which you are requesting payment be sent
Invoice Date
Creation date of the invoice
Invoice Number
Company tracking number
Shipping Address
Address where goods and/or services were delivered
Ordering Department
Name of ordering department, including name and phone number of
PO Number
Standard purchase order number
Ship Date
Date the goods/services were sent/provided
Quantity
Quantity of goods or services billed
Description
Description of services or goods delivered
Unit Price
Unit price for the quantity of goods/services delivered
Line Total
Amount due by line item
Invoice Total
Sum of all of the line totals for the invoice
rchase order number.
)w. The County may
Process for Invoiced
shall be resolved in
Pinellas County offers a credit card payment process (ePayables) through Bank of America. Pinellas County does of
participate in the program; however, there may be a charge by the company that processes your credit card transa
information please visit Pinellas County purchasing website at www.ninellascountv.org(purchase.
i
Page 14
Pinellas County Purchasing and Risk Management Standard Services Agreement o7 -2d`17
as provided on
charge vendors to
ctions. For more
MATTERS OF INVOICE PAYMENTS:
Payment of invoices for work performed for Pinellas County Board of County Commissioners (Cour ) is made, by standard,
in arrears in accordance with Section 218.70, et. seq., Florida Statutes, the Local Government Prompt Payment Act.
If a dispute should arise as a result of non-payment of a payment request or invoice the followin Dispute Resolution process
shall apply:
A. Pinellas County shall notify a vendor in writing within ten (10) days after receipt of 4.
roper invoice, that the
invoice is improper. The notice should indicate what steps the vendor should undertake the invoice and
resubmit a proper invoice to the County. The steps taken by the vendor shall be thafof initially contacting the
requesting department to validate their invoice and receive a sign off from that entity that would indicate that the
invoice in question is in keeping with the terms and conditions of the agreement. Once sign o is obtained, the vendor
should then resubmit the invoice as a "Corrected Invoice" to the requesting department wbicbll initiate the payment
timeline. III
1.) Requesting department for this purpose is defined as the County department for whom the work is performed.
2.) Proper invoice for this purpose is defined as an invoice submitted for work performed that meets prior agreed
upon terms or conditions to the satisfaction of Pinellas County.
B. Should a dispute result between the vendor and the County about payment of a payment reque�t or an invoice then the
vendor should submit their dissatisfaction in writing to the Requesting Department. Each Requesting Department shall
assign a representative who shall act as a "Dispute Manager" to resolve the issue at depart in I level.
C. The Dispute Manager shall fust initiate procedures to investigate the dispute and document th steps taken to resolve
the issue in accordance with section 218.76 Florida Statutes. Such procedures shall be cominen ed no later than forty-
five (45) days after the date on which the payment request or invoice was received by Pinell County, and shall not
extend beyond sixty (60) days after the date on which the payment request or invoice was rIcei ed by Pinellas County.
D. The Dispute Manager should investigate and ascertain that the work, for which the payznent IFequest or invoice has
been submitted, was performed to Pinellas County's satisfaction and duly accepted by the Proper Authority. Proper
Authority for this purpose is defined as the Pinellas County representative who is designated as die approving authority
for the work performed in the contractual document. The Dispute Manager shall perform the !required investigation
and arrive at a solution before or at the sixty (60) days timeframe for resolution of the dispuie, per section 218.76,
Florida Statutes. The County Administrator or his or her designee shall be the final arbiter iri resolving the issue before
it becomes a legal matter. The County Administrator or his or her designee will issue their decision in writing.
E. Pinellas County Dispute Resolution Procedures shall not be subject to Chapter 120 of the �lorida Statutes. The
procedures shall also, per section 218.76, Florida Statutes, not be intended as an administrative proceeding which
would prohibit a court from ruling again on any action resulting from the dispute. �I
F. Should the dispute be resolved in the County's favor interest charges begin to accrue fifteen (15) days after the final
decision made by the County. Should the dispute be resolved in the vendor's favor the County shall pay interest as of
the original date the payment was due.
G. For any legal action to recover any fees due because of the application of sections 218.70 et 4 sec., Florida Statutes, an
award shall be made to cover court costs and reasonable attorney fees, including those fees incrrred as a result of an
appeal, to the prevailing party If it is found that the non -prevailing party held back any payment that was the reason
for the dispute without having any reasonable lawful basis or fact to dispute the prevailingparty's claim to those
amounts. �
Page 15
Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017
EXHIBIT "B"
INSURANCE REQUIREMENTS
(1) The vendor shall obtain or possess and continuously maintain the following
insurance coverage, from a company or companies, with a Best Rating of A- or better,
authorized to do business in the State of Florida and in a form acceptable to the City and
with only such terms and conditions as may be acceptable to the City unless the bid
documents exclude or include certain types of insurance coverage or the level of
coverage:
(a) Workers Compensation/Employer Liability: The vendor shall provide
Worker's Compensation for all employees. The limits will be statutory
limits for Worker's Compensation insurance and $3,000,000 for
Employer's Liability.
(b) Comprehensive General Liability: The vendor shall provide coverage
for all operations including, but not limited to, contractual, products,
complete operations, and personal injury. Commercial General
Liability is to include premises/operations liability, products and
completed operations coverage, and independent vendor's liability
or owner's and vendor's protective liability. The limits will not be less
than $2,000,000 Combined Single Limit (CDL) or its equivalent.
(c) Comprehensive Automobile Liability: The vendor shall provide
complete coverage for owned and non -owned vehicles for limits not
less than $2,000,000 CSL or its equivalent.
(d) Professional Liability: The vendor shall provide coverage for all
professional services performed. The limits will not be less than
$2,000,000 CSL or its equivalent.
(e) Sex Abuse Liability: The vendor shall provide coverage with limits
not less than $1,000,000 CDL or its equivalent.
(2) All insurance other than Workers Compensation to be maintained by the
vendor shall specifically include the City as an additional insured.
(3) For additional insurance requirements reference is made to the
requirements shown in the City's CONTRACT TERMS AND CONDITIONS FOR ALL
CITY PROCUREMENTS (Co ntract-Terms-And-Conditions- For -We b- Based -System-
Revised-11.8.2021.pdf (sanfordfl.gov).
Piggyback PBA for Royal Auction 5-28-22
Final Audit Report 2022-06-06
Created: 2022-06-02
By: Paul Smith (paul.smith@sanfordfl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAASdNjZ4eDXEr-hp-nYoBeQrt_4Vvglwty
"Piggyback PBA for Royal Auction 5-28-22" History
Document created by Paul Smith (paul.smith@sanfordfl.gov)
2022-06-02 - 6:35:45 PM GMT
Document emailed to George Frazier (gfrazier@royalauctiongroup.com) for signature
2022-06-02 - 6:39:49 PM GMT
Email viewed by George Frazier (gfrazier@royalauctiongroup.com)
2022-06-02 - 8:10:58 PM GMT
Document e -signed by George Frazier (gfrazier@royalauctiongroup.com)
Signature Date: 2022-06-02 - 8:18:03 PM GMT - Time Source: server
Document emailed to Burton Keskitalo (bkeskitalo@royalauctiongroup.com) for signature
2022-06-02 - 8:18:05 PM GMT
Email viewed by Burton Keskitalo (bkeskitalo@royalauctiongroup.com)
2022-06-04 - 3:45:24 PM GMT
Document e -signed by Burton Keskitalo (bkeskitalo@royalauctiongroup.com)
Signature Date: 2022-06-06 - 2:09:52 PM GMT - Time Source: server
Agreement completed.
2022-06-06 - 2:09:52 PM GMT
1; Adobe Acrobat Sign
PBA 2122-224
Final Audit Report
Royal Auction Vendor Executed
2022-07-13
Created: 2022-06-28
By: Paul Smith (paul.smith@sanfordfl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA041YjXNtOgej83ELsnTCnDflenRx5x4I
"PBA 21_22-224 Royal Auction Vendor Executed" History
Document created by Paul Smith (paul.smith@sanfordfl.gov)
2022-06-28 - 7:23:57 PM GMT
C� Document emailed to David Hall (dwhall@stenstrom.com) for signature
2022-06-28 - 7:25:54 PM GMT
s`] Email viewed by David Hall (dwhall@stenstrom.com)
2022-06-28 - 7:38:55 PM GMT
&o Document e -signed by David Hall (dwhall@stenstrom.com)
Signature Date: 2022-06-28 - 7:39:18 PM GMT - Time Source: server
C'b Document emailed to art.woodruff@sanfordfl.gov for signature
2022-06-28 - 7:39:21 PM GMT
Email viewed by art.woodruff@sanfordfl.gov
2022-06-28 - 11:21:11 PM GMT
E7� New document URL requested by art.woodruff@sanfordfl.gov
2022-07-13 - 8:32:40 PM GMT
Email viewed by art.woodruff@sanfordfl.gov
2022-07-13 - 8:34:08 PM GMT
bo Document e -signed by Art Woodruff (art.woodruff@sanfordfl.gov)
Signature Date: 2022-07-13 - 8:35:02 PM GMT - Time Source: server
Cv,• Document emailed to Traci Houchin (traci.houchin@sanfordfl.gov) for signature
2022-07-13 - 8:35:06 PM GMT
Email viewed by Traci Houchin (traci.houchin@sanfordfl.gov)
2022-07-13 - 8:36:19 PM GMT
9 Adobe Acrobat Sign
A Document e -signed by Traci Houchin (traci.houchin@sanfordfl.gov)
Signature Date: 2022-07-13 - 8:36:47 PM GMT - Time Source: server
Agreement completed.
2022-07-13 - 8:36:47 PM GMT
Q Adobe Acrobat Sign
RT
LAKE COUNTY
FLORIDA
September 13, 2016
Mr. Jason Gideon
George Gideon Auctioneers, Inc.
2753 N HWY 441
PO Box 1799
Zellwood FL 32798
Subject: Contract 16-0625A /Auction Services
Dear Mr. Gideon:
The contract between Lake County and your firm in support of the subject contract effort has been
approved by the Lake County Board of County Commissioners. Enclosed is an original executed
contract for your records. You will be contacted by the County's designated representative to
initiate services under the contract as needed.
If you have any questions regarding the contract itself, or the award process, please contact me at
(352) 343-9765 or dvillinis(c,,lakecountyfl.gov.
We look forward to working with you and anticipate our mutual success under this contract.
Sincerely,
Donna Villinis, CPPB
Senior Contracting Officer
Original: George Gideon Auctioneers
Copy: County Attorney
Procurement Manager
P.O.O.L. Entities
Contract File
PROCUREMENT SERVICES 1 A division of the Department ojFiscal and Administrative Services
P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473
Board of County Commissioners • innr.lakecounofLgov
JENNIFER HILL SEAN M. PARKS,AICP Q£P JIMMY CONNER LESLIE CAMPIONE WELTON G. CADWELL
District 1 District 2 District 3 District 4 District 5
AGREEMENT BETWEEN
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 hue 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 tivs 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 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 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 COUN'T'Y 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.
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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 Set -vices 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
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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 tirne 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 prograrns
that are similar to, or competitive with, the services provided under this Agreement.
7.10 Accuracy. The CONTRACTOR is responsible for the professional quality, teclu-dcal 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 Entities. 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
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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 RiAt 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 naive 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 119.070 1, 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
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contract term and following completion of the contract if the CONTRACTOR does not transfer the
records to COUNTY.
d. 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 fi•om 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@lakeeountyfl.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. hijury
$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
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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.
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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.
7.1.8 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 fiends, this section may not be enforced in such a manger 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.
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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 hatter 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.
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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.
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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:
George Gideon, President
2753 N. Orange Blossom Trail
Zellwood, FL 32798
If to COUNTY:
County Manager
Lake County Administration Bldg.
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 frill and entire understanding between the parties with respect to the subject hereof,
notwithstanding any representations, statements, or agreements to the contrary heretofore made.
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9.2 This Agreement contains the following Attachments:
Attachment A Scope of Services
Attachment B Pricing Summary
Attachment C Addenda
(Retnain(ler of Page Intentionally Left Blank)
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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 Commissioners, signing by
and through its Chair and by CONTRACTOR through its duly authorized representative.
ATTEST:
Nei Kelly, ler of the
Boar of Co my om lssio rs
of Lake County, Florida
Approved as to form and legality:
tM Ak
Melanie Marsh, County Attorney
CONTRACTOR
George Gideon, resident
George Gideon Auu9 t oneers, Inc.
License No: AttT672 I
This = day of �� `; �' 1 , 2016.
COUNTY
Lake County, rida
Sean M. Parks, Chairman
This A ' flay of '2016
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ATTACHMENT A
STATEMENT OF WORK
GENERAL RE, QUII2EMENTS:
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 ]nailing 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.
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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
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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.
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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 1A Live Auction By Auctioneer With Items Transported to Auctioneer's
Facility by Auctioneer:
Titled Items and Equipment:
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:
3. Pickup and delivery shall be performed for a unit price of S_Q_ each for items
less than 3/4 ton.
4. Pickup and delivery shall be performed for a unit price of $,Q each for items
3/4 ton to one (1) ton.
5. Pickup and delivery shall be performed for a unit price of S_Q_ each for items
over one (1) ton.
Miscellaneous Items:
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 $_(L_ 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.
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OPTION 1B — nline Auction By Auctioneer With Items Trans orted And Stored At
Auctioneer's Facility by Auctioneer:
Titled Items and F,quinment:
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 5 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 Items:
1. 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 perforated 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.
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OPTION 2 - Online Auction By Entit Isinp Auctioneer's Website with Items Remainin
at Enti, ty's Site:
Titled Items and E ui ment:
1. Auctionecring 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. Auctionecring commission for online auctions 'byof ti nus using groshe Auctioneer'srcvcnuof each
shall be performed for 7% p' 1
auction.
1. Buyer premium to be paid by tite successful buyer, if any:
5%
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Other Pricing Options:
Indicate other pricing options offered (i.e. if all or some of lite 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 b
George Gideon Auctioneers, Inc., with a disposal fee applied to Lake
County. 'Items that occasionally receive no bids are such as, but not
a....n-A f,. ... ,,,,ao., final- nlri'•.hairs. outdated office furniture.
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ATTACHNM, NT C
ADDENDA
LAKE COUNTY
FLORIDA
OFFICE OF PROCUREMENT SERVICES
3i5 WEST MAIN STREET, SUITE 441
PO BOX 7800
TAVARES FL 32778-7800
ADDENDUM NO.1
June 24, 2016
RFP 16.0625
Auction Services
PHONE: (352) 343-9839
FAX: 352) 343-9473
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 not 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.
Acknowledgement f receipt of Addendum-.
Firm Name: , G
George ' Au tioneers, Inc Date: July 19, 2016
Signature: Title: President
Typed/Printed Name: Orge Gideon
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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, trucks & equipment pieces? How much are you disposing with
miscellaneous items? I'm trying to get some idea of how much inventory the entities have
Answer4: Please see attached prior surplus lists from Lake County and lake County School Board that were readily
available.
Per Lake Emergency Management Services (LEMS): Their volume has been approximately 10Oper 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?
ns er 5: Per City of Clermont (and similar for Lake County): All of the above including laptops, miscellaneous
electronic equipment, bicycles, fire fighter gear, police 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 6: Monthly or annual sales?
Answer 6: Periodic as required.
Acknowledgement of receipt of Addend
Firm Name: George Gid n tion erS, InO Date: J U(v� IQ 2Q1_6
Signature: Title: President
Typed/Printed Name: Ge ge Gideon
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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 IA and 113. If only submitting for option 2, this
could be listed as an Exception.
Question 18; 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 i9: Under the requirements for option 1 will a county rep be available for viewing of specially offsite
Items for potential bidders?
Answer 19: No, under Options 1A and 30, 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?
Answer20: Auctioneer will collect the money and collect and remit sales taxes; 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 21: Yes, awarded firms) 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:
Firm Name: Geor a GI Aud neers IncDate: ,lulu 19. 2016
a
Signature; Title: -President
Typed/Printed Name:
-dedr'ge Gideon
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