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Agenda 03/13/2018 Item #16E 103/13/2018 EXECUTIVE SUMMARY Recommendation to award RFP #18-7262 Full Service Auctioneer to Royal Auction Group, Inc. OBJECTIVE: To provide the County with full service auction services. CONSIDERATIONS: On November 28, 2017, the Procurement Services Division released Request for Proposal 18-7262 to 34 vendors for full service auctioneer services. Twenty (20) bid packages were downloaded and the County received four (4) proposals on January 11, 2018. A Selection Committee met on January 30, 2018 and after discussion, the committee arrived at a final ranking as follows: Proposers Final Ranking Royal Auction Group, Inc 1 Atkinson Realty and Auction, Inc 2 Garner & Associates Auctioneers, Inc. 3 Auctions International, Inc. 4 The County, in compliance with Section 274.06 of the Florida Statutes holds auctions to dispose of surplus property no longer useful to County divisions. Historically, the auction was held once a year, requiring divisions to hold onto surplus property for long periods of time. With this new contract, the County will save an estimated $150,000 in commissions that were paid out under the prior agreement and have the opportunity to sell surplus items multiple times throughout the fiscal year rather than at a single event. The Auctioneer will provide all the required services and tasks to market, advertise, transport and sell equipment and vehicles for the County. FISCAL IMPACT: The auctioneer is paid from a Buyer’s Premium, at no cost to the County. Net sales revenues are returned to the general fund or the enterprise fund which paid for the acquisition of the asset or goods. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan resulting from this action. RECOMMENDATION: To award RFP #18-7262 Full Service Auctioneer to Royal Auction Group, Inc., and authorize the Chair to execute the attached contract. Prepared by: Cat Bigelow, Procurement Manager, Procurement Services ATTACHMENT(S) 1. 18-7262 Full Service Auctioneer Solicitation (PDF) 2. 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (PDF) 3. NORA 18-7262 (PDF) 16.E.1 Packet Pg. 585 03/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.1 Doc ID: 4941 Item Summary: Recommendation to award RFP 18-7262 Full Service Auctioneer to Royal Auction Group, Inc. Meeting Date: 03/13/2018 Prepared by: Title: Supervisor - Operations – Procurement Services Name: Catherine Bigelow 02/26/2018 12:17 PM Submitted by: Title: – Procurement Services Name: Ted Coyman 02/26/2018 12:17 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 02/26/2018 1:16 PM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 02/27/2018 1:41 PM Procurement Services Sandra Herrera Additional Reviewer Completed 02/27/2018 5:15 PM Procurement Services Ted Coyman Additional Reviewer Skipped 02/27/2018 5:34 PM Procurement Services Ted Coyman Additional Reviewer Skipped 02/27/2018 5:35 PM Procurement Services Ted Coyman Additional Reviewer Completed 02/27/2018 5:35 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/28/2018 9:51 AM County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 02/28/2018 11:23 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/28/2018 10:33 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2018 7:27 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 03/01/2018 9:17 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/03/2018 3:21 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM 16.E.1 Packet Pg. 586 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR FULL SERVICE AUCTIONEER SOLICITATION NO.: 18-7262 BRENDA BRILHART, CPPB, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8446 brendabrilhart@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.E.1.a Packet Pg. 587 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 2 TABLE OF CONTENTS ITEM DESCRIPTION ........................................................................................................................................................ 1.0 Introduction 2.0 Background 3.0 Term of Contract 4.0 Request for Proposal (RFP) Process 5.0 Grading Criteria for Development of Shortlist Instruction to Proposers 6.0 Questions 7.0 Pre-Proposal Conference 8.0 Compliance with RFP 9.0 Ambiguity, Conflict, or Other Errors in the RFP 10.0 Proposals, Presentations, and Protest Costs 11.0 Validity of Proposals 12.0 Method of Source Selection 13.0 Evaluation of Proposals 14.0 References 15.0 Reserved Rights 16.0 Collier County Purchase Order Terms and Conditions Additional Terms and Conditions for RFP 17.0 Insurance and Bonding Requirements 18.0 Additional items and/or Service 19.0 County’s Right to Inspect 20.0 Vendor Performance Evaluation 21.0 Additional Terms and Conditions of Contract 22.0 Public Records Compliance 23.0 Work Orders on Fixed Term Contracts 24.0 Payment Method 25.0 Environmental Health and Safety 26.0 Licenses 27.0 Survivability 28.0 Principal/Collusion 29.0 Relation of County 30.0 Termination 31.0 Lobbying 32.0 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 33.0 Single Proposal 34.0 Protest Procedures 35.0 Public Entity Crime 36.0 Security and Background Checks 37.0 Conflict of Interest 38.0 Prohibition of Gifts to County Employees 39.0 Immigration law Affidavit Certification Attachments Attachment A – Scope of Services Attachment B – Required RFP Forms 16.E.1.a Packet Pg. 588 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 3 FOR QUALIFICATIONS SUBMITTAL SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 18-7262 PROJECT TITLE: Full Service Auctioneer POST DATE: November 28, 2017 PRE-PROPOSAL CONFERENCE: N/A RFP OPENING DAY/DATE/TIME: January 9, 2018 at 3:00 PM PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid 1. INTRODUCTION As requested by the Procurement Services Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for P roposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. The County is seeking qualified firms to enter into a contract for Full Service Auctioneer services. 2. BACKGROUND The County seeks a firm to enter into an Auctioneer-customer relationship with a licensed, insured, and bonded full service (traditional and Internet based sales) auction services firm. The Auctioneer shall perform all the required services and tasks to market, advertise, transport and sell furniture, equipment, vehicles and miscellaneous items for the County. 3. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three years with two one year renewal options. Prices/terms shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 4. REQUEST FOR PROPOSAL (RFP) PROCESS 4.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading Criteria for Development of Shortlist, which will be the basis for short-listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 4.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 4.3 The intent of the scoring of the qualifications proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 4.4 Based upon a review of these qualification proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 4.5 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations 16.E.1.a Packet Pg. 589 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 4 with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. 5. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 5.1 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Certified Minority Business Enterprise 5 Points 3. Understands the Scope of the Project 20 Points 4. Cost of Services 25 Points 5. Experience & Capacity 25 Points 6. References 10 Points 7. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four (24) months prior to the RFP submittal deadline. Payment information will be retrieved fro m the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Di rector before at least three (3) witnesses. ----------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available/ 2 Page Limitation) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Each Offeror must submit an executive summary that identifies the business entity, its background, main office(s), and office location that will service this contract. Identify the officers, principals, superviso ry staff and key individuals who will be directly involved with the work and their office locations. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: UNDERSTANDS SCOPE OF PROJECT (20 Total Points Available/5 Page Limitation) In this tab, include but not limited to: Provide in concise narrative form, your understanding of the County’s needs, goals and objectives as they relate to the project, and your overall approach to accomplishing the project. Give an overview on your proposed vision, ideas and methodology. Describe your proposed approach to the project. As part of the project approach, the proposer shall propose a scheduling methodology (time line) for effectively managing and executing the work in the optimum time. Also provide information on your firm’s current workload and how this project will fit into your workload. Describe available facilities, technological capabilities and other available resources you offer for the project. 16.E.1.a Packet Pg. 590 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 5 Auction Approach- Provide the following: ▪ A descriptive summary of how the Auctioneer will approach this agreement, including an overview of Internet and Traditional Auction sales. ▪ Two (2) completed Internet auctions and one (1) traditional auction for commercial or municipal entities where like or similar services are currently being performed by their firm; include the name of the firm/entity, address, telephone number and name of representative. Include total sales, number of registered buyers, length of sale and number of items sold. ▪ A copy of rate sheet showing prices for various services to the public. ▪ Age of the firm, brief history, and average number of employees over the past five (5) years. EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (25 Total Points Available) In this tab, include but not limited to: • Provide the buyer’s premium which will be provided to the County, minimum is set at 10%. • Provide proposed fee schedule of any other services requested (on line bidding). EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (25 Total Points Available/ 5 Page Limitation) In this tab, include but not limited to: • Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members’ successful experience in working with one another on previous projects. • Indicate the firm’s number of years of experience in providing these services as it relates the work contemplated. Provide details of past projects for agencies of similar size and scope, including information on your firm’s ability to meet time and budget requirements • Include relative size of the firm, including management, technical and support staff; licenses and any other pertinent information shall be submitted. • A video tape representing an auction performed by the Auctioneer. Home type videos of short duration will serve, but care should be taken to show the relationship with the crowd, as well as staff as they perform their respective work. • A listing of publication in which auctions are normally advertised. • Samples of ads, brochures and mailers used on previous auctions. • Number of clients to whom auction notices are mailed. • The Internet site address where auctions are conducted. EVALUATION CRITERIA NO. 6: REFERENCES (10 Total Points Available) In this tab, include but not limited to: The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients within the past five (5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B – Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Provide at least three references on Attachment 8, preferably government agencies, for projects with similar scope as listed in this RFP. Information should include: • Client Name, address, contact person telephone and E-mail addresses. • Description of work. • Year the project was completed. • Total cost of the project, estimated and actual. Note: Do not include Collier County staff as references to demonstrate your capabilities. 16.E.1.a Packet Pg. 591 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 6 EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector for at least one year prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. INSTRUCTIONS TO PROPOSERS 6. QUESTIONS 6.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 6.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 7. PRE-PROPOSAL CONFERENCE 7.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the R FP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. 7.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to submit a proposal response. 8. COMPLIANCE WITH THE RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification. 9. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP It is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 10. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 11. VALIDITY OF PROPOSALS No proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 12. METHOD OF SOURCE SELECTION 12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance. 12.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 13. EVALUATION OF PROPOSALS 13.1 The County’s procedure for selecting is as follows: 13.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 13.1.2 The Request for Proposal is issued. 13.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 13.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 16.E.1.a Packet Pg. 592 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 7 13.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice. 13.1.6 Selection committee members will independently review and score each pro posal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 13.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 13.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information. 13.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 13.1.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. 13.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 13.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner. 13.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 14. REFERENCES The County reserves the right to contact any and all references submitted as a result of this solicitation. 15. RESERVED RIGHTS Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive mino r irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law. COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16. PURCHASE ORDER TERMS AND CONDITIONS Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 16.1 Acceptance and Confirmation 16.1.1 This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. 16.1.2 No additional terms may be added and Purchase Order may not be changed except by written instrument executed 16.E.1.a Packet Pg. 593 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 8 by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 16.2 Inspection 16.2.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be retu rned pursuant to VENDOR'S instruction at VENDOR’S expense. 16.2.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 16.3 Shipping and Invoices 16.3.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.3.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 16.3.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such s hipment. 16.3.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 16.4 Time Is Of the Essence 16.4.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 16.5 Changes 16.5.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 16.6 Warranties 16.6.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from de fects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COU NTY. 16.7 Statutory Conformity 16.E.1.a Packet Pg. 594 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 9 16.7.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 16.8 Advertising 16.8.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 16.9 Indemnification 16.9.1 VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 16.10 Warranty of Non Infringement 16.10.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 16.10.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 16.10.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 16.11 Insurance Requirements 16.11.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providi ng and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 16.12 Compliance with Laws 16.12.1 In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully respo nsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced he rein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 16.13 Force Majeure 16.13.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 16.14 Assignment 16.14.1 VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16.15 Taxes 16.E.1.a Packet Pg. 595 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 10 16.15.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 16.16 Annual Appropriations 16.16.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 16.17 Termination 16.17.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 16.18 General 16.18.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 16.18.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 16.18.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 16.18.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 16.18.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. ADDITIONAL TERMS AND CONDITIONS FOR RFP 17. INSURANCE AND BONDING REQUIREMENTS 17.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 17.2 The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts. 17.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 17.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 17.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 17.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 16.E.1.a Packet Pg. 596 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 11 Naples, Florida 17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. 17.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 17.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The de cision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 17.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18. ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 19. COUNTY’S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each work assignment the Vendor is performing. 20. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 21. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 21.1 The selected Vendor shall be required to sign a standard Collier County contract. 21.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 21.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 21.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 22. PUBLIC RECORDS COMPLIANCE 22.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: 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: 16.E.1.a Packet Pg. 597 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 12 Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 22.2 The Contractor must specifically comply with the Florida Public Records Law to: 22.2.1 Keep and maintain public records required by the public agency to perform the servic e. 22.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 22.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and fol lowing completion of the contract if the Contractor does not transfer the records to the public agency. 22.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidentia l and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electron ically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 23. WORK ORDERS ON FIXED TERM CONTRACTS 23.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 23.2 Agreements issued that are determined to be “CONTINUING CONTRACTS” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners. 23.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 24. PAYMENT METHOD 24.1 Payments are made in accordance with the Local Government Prompt Payme nt Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 24.1.1 Purchase Order Number 24.1.2 Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 24.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 24.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off - set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 24.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for 16.E.1.a Packet Pg. 598 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 13 payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 25. ENVIRONMENTAL HEALTH AND SAFETY 25.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 25.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. 25.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 25.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 25.5 LICENSES The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 25.6 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will nee d to be renewed thereafter to remain “active” in Collier County. 25.7 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252 -2477. 26. SURVIVABILITY The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 18-7262 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 27. PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Pr oposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 28. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shal l be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 29. TERMINATION 29.1 Should the Vendor be found to have failed to perform services in a manner satisfactor y to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurem ent Ordinance. 30. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed 16.E.1.a Packet Pg. 599 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 14 official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the fin al contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Coll ier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and De barment outlined in section Twenty-eight of County Ordinance 2017-08. 31. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 32. SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the sa me RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 33. PROTEST PROCEDURES 33.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, includi ng any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within t hree (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed . Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Servic es Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 33.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 33.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 33.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017-08. The protesting party must have standing as defined by established Florida c ase law to maintain a protest. 34. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supp lier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 35. SECURITY AND BACKGROUND CHECKS 35.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 16.E.1.a Packet Pg. 600 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 18-7262 Full Service Auctioneer 15 35.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s busine ss. 35.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 35.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 36. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachme nt to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm fr om consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 37. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or othe r item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequence s: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, includ ing but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 38. IMMIGRATION LAW AFFIDAVIT CERTIFICATION 38.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 38.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification require ments. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 38.3 Exceptions to the program: 38.3.1 Commodity based procurement where no services are provided. 38.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 38.4 Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s / Vendor’s proposal may be deemed non-responsive. 38.5 Additionally, Vendors shall require all subcontracted Vendors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. 38.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Vendor’s responsibility to familiarize themselves with all rules and regulations governing this program. 38.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 132 4, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 16.E.1.a Packet Pg. 601 Attachment: 18-7262 Full Service Auctioneer Solicitation (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 602 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 603 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 604 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 605 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 606 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 607 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 608 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 609 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 610 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 611 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 612 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 613 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 614 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 615 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 616 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 617 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 618 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 619 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 620 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 621 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 622 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 623 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 624 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 625 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 626 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.b Packet Pg. 627 Attachment: 18-7262 Royal Auction Group_CONTRACT_VendSign (002) (4941 : RFP 18-7262 - Full Service Auctioneer) 16.E.1.c Packet Pg. 628 Attachment: NORA 18-7262 (4941 : RFP 18-7262 - Full Service Auctioneer)