Loading...
Agenda 09/09/2014 Item #16E 5 9/9/2014 16.E.5. EXECUTIVE SUMMARY Recommendation to award Request for Proposal 14-6219 Full Service Auctioneer to Atkinson Realty and Auction, Inc. OBJECTIVE: To hire a firm to conduct annual on-site auctions and on-line auctions for the disposal of County surplus property. CONSIDERATIONS: Request for Proposal (RFP) 14-6219 for auction services was posted on April 24, 2014. One hundred and thirteen (113) email announcements were sent; twenty four (24) solicitations were downloaded; and, three (3) proposals were received by the due date of May 22, 2014. On June 16, 2014 the selection committee met; after deliberations, the committee ranked the companies that provided both on-line and traditional services (two firms submitted proposals for both on-line and traditional auction services: Atkinson Realty and Auction Inc and Gamer and Associates Auctioneers. On August 12, 2014, the Selection Committee reconvened to rank the three companies (Atkinson Realty and Auction, Gamer & Associates Auctioneers and Interschola who offered Internet Services). The committee unanimously selected Atkinson Realty and Auction, Inc., by consensus, to perform traditional and Internet auctions for an initial one (1) year with three (3) one year renewal periods. Atkinson Realty and Auction Inc. had a similar contract in place with the County for the previous four years at a seventeen (17%) percent commission rate, and performed satisfactorily. Atkinson Realty and Auction, Inc. offered the County the following rate structure in their proposal: Auction Gross:Belles A#ktnson'. Commission Rate Less than$5,000 .06 $5,000–100,000 .08 Above $100,000–250,000 .10 Above $250,000–500,000 .14 Above $500,000 .16 Staff recommends the award of RFP 14-6219 Full Service Auctioneer to Atkinson Reality and Auction, Inc. FISCAL IMPACT: Historically, the annual gross income for Collier County auction sales has been approximately $300,000 on average for the past three (3) years. The auctioneer commission is paid from the gross auction revenues, and, net sales revenues are returned to the General Fund or Enterprise Fund that paid for the acquisition of the asset. GROWTH MANAGEMENT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners approves the award of Request for Proposal 14-6219 Full Service Auctioneer to Atkinson Realty and Auction, Inc. PREPARED BY: Tracey Payne, Procurement Operations Manager Packet Page-2202- 9/9/2014 16.E5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.5. Item Summary: Recommendation to approve the award of Request for Proposal 14-6219 Full Service Auctioneer to Atkinson Realty and Auction, Inc. Meeting Date: 9/9/2014 Prepared By Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services 8/5/2014 6:57:59 AM Submitted by Title: Director-Purchasing/General Services,Purchasing&General Services Name: MarkiewiczJoanne 8/5/2014 6:58:00 AM Approved By Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services Date: 8/5/2014 9:56:11 AM Name: PayneTracey Title: Manager-Procurement, Purchasing&General Services Date: 8/5/2014 10:41:37 AM Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 8/5/2014 11:59:11 AM Name: CummingsRhonda Title: Procurement Specialist,Purchasing&General Services Date: 8/5/2014 12:40:13 PM Name: JohnsonScott Packet Page-2203- 9/9/2014 16.E.5. Title:Manager-Procurement,Purchasing&General Services ^ Date: 8/5/2014 1:16:09 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/13/2014 2:57:08 PM Name: PriceLen Title: Administrator-Administrative Services,Administrative Services Division Date: 8/28/2014 10:21:34 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/28/2014 11:57:01 AM Name: KimbleSherry Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 8/28/2014 5:44:28 PM Name: OchsLeo Title: County Manager,County Managers Office Date: 8/30/2014 1:11:08 PM Packet Page-2204- 9/9/2014 16.E.5. REQUEST FOR PROPOSAL Colt County Adrr Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 14-6219 Full Service Auctioneer Rhonda Cummings, CPPB, Procurement Strategist (239) 252-8941 (Telephone) (239) 252-6700(Fax) rhondacummings @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. 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. Ptacha ing Oepatr e!t•3327 Tamiami Trail East•Naples,Florida 34112.4901•www.coliiergov.neUpurchasing Packet Page-2205- 9/9/2014 16.E.5. Table of Contents n LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 REFERENCE FORM 16 EXHIBIT II:GENERAL RFP INSTRUCTIONS 18 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 22 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 26 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 35 ATTACHMENT 2:VENDOR CHECK LIST 36 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 37 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 38 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 40 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 41 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 42 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS ERROR! BOOKMARK NOT DEFINED. 14-6219 Full Service Auctioneer 2 Packet Page-2206- 9/9/2014 16.E.5. County Cr 7er Administrative Services Division Puralasing Legal Notice Sealed Proposals to provide Full Service Auctioneer will be received until 2:30 PM Naples local time, on May 22, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 14-6219 Full Service Auctioneer Services to be provided may include, but not be limited to the following: traditional and Internet based auction services. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.collieroov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on 4/24/2014. Pun Purolasing Depa nei•3301 Termini Trail East•Naples.Florida 34112*www.cobiergov.netJpurchasirig 14-6219 Full Service Auctioneer 3 Packet Page-2207- 9/9/2014 16.E.5. Exhibit I: Scope of Work, Specifications and Response Format n As requested by the Collier County Purchasing Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, 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 Purchasing Policy. Description of Purchase The Board of County Commissioners seeks proposals to enter into an auctioneer-customer relationship with a licensed and insured full service (traditional and Internet based sales) auction company. Collier County allows other public agencies to participate in this auction bid (i.e. Sheriffs Office, City of Naples, Naples Airport, Naples Fire Department, etc.). The Auctioneer must provide a final accounting and itemized sales results, by Agency, within fifteen (15) days after any auction and provide reports to those agencies as described within this document. Over the past three years the County has budgeted approximately $160,000 in auction revenue, with sales continuing to increase as the economy for used equipment and vehicles increases in value. Since the year 1998, the County has held only one auction per year either in February or March. The types of items included in past auctions are automobiles, trucks, construction equipment, tools, lawn equipment, building material, office furniture, office machines and various miscellaneous items. Sales history for the past years auction are as follows (conducted by full service Auction Company). Internet Traditional . Fiscal Year Total Sales :.,Sales . :Sales 2014 $55,473 $702,790 $758,263 (as of 4/30/14) 2013 1,000 462,485 463,485 2012 31,436 361,505 392.941 2011 23,560 187,450 211,010 2010 18,730 348,870 367,600 2009 2,715 537,050 539,765 2008 21,260 497,280 518,540 2007 16,200 518,875 535,075 2006 538,747 2005 490,227 Notes: 1. Total sales represent Board of County Commissioner property only. 14-6219 Full Service Auctioneer 4 Packet Page-2208- 9/9/2014 16.E.5. It is the intent of the County to retain a highly qualified and experienced auction service .-� capable of providing the highest net cash return to the County on all items sold through auctions. To this end, certain qualifications are hereby established which all Proposers must meet in order to be considered for the contract award: A. The Auctioneer must be licensed and insured in the State of Florida, and conduct business in accordance with Florida Statutes, Title XXXII, Chapter 468. B. Auctioneer must have a minimum of three (3) years experience in conducting public auction sales of vehicle fleets and equipment for governmental, institutional and/or corporate customers. Auctioneer must have an Internet site to conduct electronic auctions. C. All Auctioneers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is a very essential criterion in the qualifying process. The County reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. D. The Auctioneer's personnel and management to be utilized in this service requirement shall be knowledgeable in their area of expertise and have been in business for a minimum of three years. E. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. F. Services To The Public: The County is not responsible for any Auctioneer services provided to the public before, during or after the auction. A standard rate sheet listing the services provided by the Auctioneer to the purchaser with the charge for each service must be supplied to the prospective purchasers at the time of buyer registration or before start of sale. The rate sheet must be prominently displayed at the sale site. Additionally: G. Buyer Premium: Proposals that include a Buyer's Premium will not be considered. H. Reservations: The County reserves the right to sell on its own, dispose of, or transfer to other agencies any items it chooses not to be sold by the Auctioneer. The items to be sold by the Auctioneer shall be selected at the sole discretion of the County. I. Dates Of Sale: Dates for all of the County's auctions (traditional and Internet) will be determined by the County and coordinated with the Auctioneer. Detailed Scope of Work The successful firm will provide the following services associated with this contract for • Traditional Sales and Service: Defined as picking up and transporting property to auction site determined by County; advertising per County requirements; set up, maintain and tear-down auction site and property prior to, during and after the event; registration of attendees; conduct auction; collect revenue from sales; handle license transfers, fees and taxes; and complete record keeping and reports to the County per requirements. Beginning in April 2014, the County's 14-6219 Full Service Auctioneer 5 Packet Page-2209- 9/9/2014 16.E.5. warehouse space for auction related equipment will be severely limited, and therefore items will be located at various County sites. Auctions may need to occur more often throughout the year. • Internet Based Sales and Service: Defined as property pick- up for County; transport property to Auctioneer's warehouse; develop content for sale; advertise/solicit offers using Internet technology; post results; collect revenue from sales; handle license transfers,fees and taxes; and complete records and reports to the County per requirements. The County intends to auction the following classes of material (also referred to as property); however, additional categories of property may be added in the future: A. Automobiles F. Equipment, office B. Trucks G. Supplies of any description C. Construction Equipment H. Equipment of any description D. Tools I. Lawn maintenance equipment E. Furniture, office J. Other miscellaneous items The successful firm shall be responsible for the following services associated with traditional or Internet based auction sales: 1. Provide all of the sales and services related to traditional and Internet based auctions with no additional expense borne by the County, including: 2. Full responsibility for each item from the time the Auctioneer takes custody of each item, until such time the item has been removed by the buyer from the sale site. 3. Sell all items "as is"without warranty to the highest bidder, regardless of price. The Auctioneer shall be, at all times, licensed and certified by the State of Florida for auction services. The Auctioneer shall submit a photographic copy of these licenses with their proposal. 4. Comply with all federal, state and local laws/regulations governing auctions. 5. Be responsible for the cost associated with transportation and storage of all property to the warehouse and/or auction site. The vehicles shall be transported by use of tow trucks, transport truck, roll-back truck or driven under its own power. The use of a tow bar with one vehicle towing another vehicle is not permitted. 6. Provide all tables, racks, display cases, shelving, Internet hosting, warehouse space, pictures, etc., suitable for displaying property to be sold. Merchandise must be on display at least one 24 hours prior to date of sale for viewing by the public for traditional sales; 72 hours prior to date of sale for viewing by the public for Internet sales. 7. Be responsible for obtaining all necessary permits/licenses for each auction event (e.g., tent, signs, etc.). 8. Be responsible for all travel, lodging and meal expenses. 9. Provide labor, equipment, trucks, fuel and any other necessary expense to load, transport, display and sell Collier County property as requested by the Purchasing representative. 10. Provide fee(s) any pre-sale deposit(s), application(s) or license(s)for space or equipment rental prior to the auction. 14-6219 Full Service Auctioneer 6 Packet Page-2210- 9/9/2014 16.E.5. 11. Preparation of the site is the sole responsibility of the auctioneer for either traditional or Internet sales. 12. For Traditional Sales: A written detailed site plan and schedule pertaining to the utilization of the site must be submitted to the Purchasing contact at least two weeks prior to the auction and must include: a) Main point of contact. (Local point of contact necessary). b) Security, crowd control. c) Traffic, parking assistance. d) Trash control, clean up. e) Point of contact for concessionaires. f) Description of specific areas to be used (detailed site plan). g) Schedule of dates and times for set-up, events and close of events. h) Provide a tent or other equivalent structure with sufficient square footage to cover the merchandise to be displayed and sold in the traditional sale. i) Provide security for all Collier County property while in supplier possession. For traditional sales, a properly-licensed security firm must be on site at all times to protect all property during the move, while at the sale site and up to the delivery to the public who has purchased the items. 13. Submit and pay for all publicity, including, but not limited to advertisements, printing and mailing of brochures to perspective buyers identified by the County. At a minimum, for any property designated by the Purchasing Representative as having a value of$5,000 or more, one (1) display advertisement and one (1) classified advertisement must be published in the Naples Daily News not more than two (2)weeks and not less than one (1) week prior to the date of the auction. 14. Prepare and provide reports as designated by the Purchasing representative, including a listing of property assigned to the auctioneer, a customer"sales" catalog, a completed sales report. All reports must contain the property name, description, model/equipment numbers, any unique County asset/tracking number(s), approximate value of the property, and final sale price. Reports must be subtotaled by category sold, totaled, and presented in Microsoft Excel spreadsheets. 15. Furnish all means of communication/publicity and customer assistance for Internet sales. Furnish all methods of communication, including, but not limited to public address system(s), signs, etc., for the traditional sale site. The auctioneer will be responsible to provide material and labor for furnishing and erecting the auction sign at the sale site. Collier County Purchasing reserves the right to approve all publicity and signs prior to posting and distribution. 16. Conduct Internet and traditional merchandise inspection tours with prospective buyers. • For Motor Vehicle Sales: vehicle titles must be transferred to buyers according to Florida Department of Motor Vehicles regulations. Any fees or services will be the sole responsibility of the Auctioneer; Collier County will not accept any additional fees for this service from the Auctioneer. • For Traditional Sales: The Auctioneer must collect the proceeds of the sale and remit the net proceeds to the County representative within two (2) hours after the sale. 14-6219 Full Service Auctioneer 7 Packet Page-2211- 9/9/2014 16.E.5. • For Internet Sales: The Auctioneer must collect the proceeds of the sale, report gross and net sales by each piece of property sold, and remit the net proceeds to the Purchasing representative within two (2) weeks after the date of the sale. 17. Provide the County with an itemized list of sales results to include: a) The item/lot number. b) The item description. c) The item originating department (if provided by the Purchasing Department). d) The name and address of the buyer. e) The actual per item sale price. f) The payable per item commission. g) The per item amount remitted to the County. h) The total amount received from the auction. Term of Contract The County reserves the right to award by multiple firms if it is in the County's best interest. The contract term, if an award(s) is/are made is intended to be for two (2) years with three (3) one (1) year annual renewal options. Commissions shall remain firm for the initial term of this contract. Requests for consideration of a commission adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Issue Solicitation Notice April 24, 2014 Last Date for Receipt of Written Questions May 13, 2014, 12 Noon, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- TBD Proposal Conference Solicitation Deadline Date and Time May 22, 2014, 2:30 PM, Naples Local Time Anticipated Evaluation of Submittals June, 2014 Anticipated Completion of Contract Negotiations June/July 2014 Anticipated Board of County Commissioner's Contract July 2014 Approval Date 14-6219 Full Service Auctioneer 8 Packet Page-2212- 9/9/2014 16.E.5. Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Executive Summary (15 points) Provide the following information which does not exceed two (2) pages: • Acknowledge the scope of work and how the proposer will complete that scope of work. • Include the primary authorized contact for this contract including name, address, telephone number, FAX number and email address. • List all proposed subcontractors who may participate on the auction team. • Select one of the following: Service 1: My firm is interested in providing only traditional auction sales services outlined in this scope of work. (Enter 5 if this is the only service the firm is willing to perform) Service 2: My firm is interested in providing only Internet sales services outlined in this scope of work. (Enter 5 if this is the only service the firm • Provide Internet site address where auctions occur. is willing to perform) Service 3: My firm is interested in providing both traditional and Internet sales services outlined in this scope of work. (Enter 15 if the firm intends to provide • Provide Internet site address where auctions occur. both traditional and Internet services) 14-6219 Full Service Auctioneer 9 Packet Page-2213- 9/9/2014 16.E.5. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each firm's information provided in this area: • The County shall evaluate each of the firm's choice and create a ranking from highest number of points to lowest number of points. • The highest number of points (fifteen- 15)will be awarded to the firms who has selected both Traditional and Internet Services. • Firms who selected one of the two services will be given five (5) points. For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. The Points Awarded by Firm will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Firm's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Firm. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 2. Tab II, Company Overview(20 points) Provide the following information as identified below: 1. As described in the solicitation document, the vendor must be licensed and insured in the State of Florida, and conduct business in accordance with Florida Statutes, Title (Insert ten (10) or XXXII, Chapter 468. Insert ten (10) if evidence of zero (0)) licensure and insurance is included in the submittal; insert zero (0) if evidence is not presented. • Provide evidence of licenses and insurance. If this evidence of licensure and insurance is not provided, the County reserves the right to no longer consider the proposal. 2. Identify how many years the vendor has provided traditional or Internet auctions under the name of the (number of years) company. • Provide evidence of at least three (3) years experience in conducting public auction sales of vehicle fleets and equipment for governmental, institutional and/or corporate customers. 3. Provide the number of Florida "governmental" (State, City, Town, Police Agency, County, etc.) auctions (traditional or Internet (number of auctions) based) that were coordinated by the firm from 1/1/2008 - 12/31/13. • Provide evidence of at least three (3) of those auctions in terms of brochures, ads, video tape, mailers, Internet site or other publications. 14-6219 Full Service Auctioneer 10 Packet Page-2214- 9/9/2014 16.E.5. 4. Provide the overall gross revenue dollars collected by the firm for the information reported in item#3 above. (gross revenue dollars) 5. Provide the average number of customers who attended the events described in item#3. AVG: 6. Indicate if the firm has money / cash handling procedures by inserting ten (10) if procedures are documented and available and insert zero (0) if evidence is not documented and presented. (Insert ten (10) or zero (0)) • Provide evidence of money/cash handling procedures. TOTAL (Add the responses for items 1 - 7) and place response TOTAL: in column. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each firm s information provided in this area: • The County shall total each of the firm's scores and create a ranking from highest total to lowest total. • The highest number of points (20) will be awarded to the firm who has the highest total. • The next highest firm's total will be divided by the highest firm's total which will then be multiplied by 20 points to determine the firm's Points Awarded. Each subsequent firm's total will be calculated in the same manner. • Points awarded will be extended to the first whole number(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Firm Name Firm Total Company Points Awarded Overview Score Firm ABC 445 20 Firm DEF 435 20 Firm GHI 425 19 Firm JKL 385 17 Firm MNO 385 17 Firm PQR 250 11 The Points Awarded by Firm will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Firm's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Firm. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab III, Commission Rate (35 points) Provide the percentage of commission back to Collier County for all auction services rendered as identified in the matrix below. Service 1: Traditional Auction Service Commission Structure: for firms who submitted an interest in only providing the Traditional Auction Service this commission structure will be 14-6219 Full Service Auctioneer 11 Packet Page-2215- 9/9/2014 16.E.5. used to calculate the order of the firm with the lowest auctioner commission to the firm with the highest commission structure; points will be pre-scored based on a mathematical formula. Once the apparent highest ranked firm is recommended by the Selection Committee, the County, in its best interest, reserves the right to negotiate additional terms or commission rates. 1. Indicate the auctioneer's commission for gross sales from $0 to $5,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .14). this format .xx (i.e. .14). 2. Indicate the auctioneer's commission for gross sales from $5,000 to $100,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .14). this format .xx (i.e. .14). 3. Indicate the auctioneer's commission for gross sales from $100,000 to $250,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .14). this format .xx (i.e. .14). 4. Indicate the auctioneer's commission for gross sales from $250,000 to $500,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .10). this format .xx (i.e. .10). 5. Indicate the auctioneer's commission for gross sales greater than $500,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .08). this format .xx (i.e. .08). Total: Add lines 1 — 5 above and insert total in column to the right. (add 1 —5 and enter total) Service 2: Internet Auction Services for firms who submitted an interest in only providing the Internet Auction Service this commission structure will be used to calculate the order of the firm with the lowest auctioner commission to the firm with the highest commission structure; points will be pre-scored based on a mathematical formula. Once the apparent highest ranked firm is recommended by the Selection Committee, the County, in its best interest, reserves the right to negotiate additional terms or commission rates. 1. Indicate the auctioneer's commission for gross sales from $0 to $5,000 for equipment and/or vehicles for a single auction event (as determined by the County project manager). Express as Express as percent in percent in this format.xx(i.e. .14). this format.xx(i.e. .14). 2. Indicate the auctioneer's commission for gross sales from $5,000 to $100,000 for equipment and/or vehicles for a single auction event (as determined by the County project manager). Express Express as percent in as percent in this format.xx(i.e. .14). this format.xx(i.e. .14). 14-6219 Full Service Auctioneer 12 Packet Page-2216- 9/9/2014 16.E.5. 3. Indicate the auctioneer's commission for gross sales from $100,000 to $250,000 for equipment and/or vehicles for a single auction event (as determined by the County project manager). Express as percent in Express as percent in this format.xx(i.e. .14). this format.xx(i.e. .14). 4. Indicate the auctioneer's commission for gross sales from $250,000 to $500,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .10). this format .xx (i.e. .10). 5. Indicate the auctioneer's commission for gross sales greater than $500,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .08). this format .xx (i.e. .08). Total: Add lines 1 — 5 above and insert total in column to the right. (add 1 —5 and enter total) Service 3: Traditional and Internet Auction Services for firms who submitted an interest in only providing both the Traditional and Internet Auction Service this commission structure will be used to calculate the order of the firm with the lowest auctioner commission to the firm with the highest commission structure; points will be pre-scored based on a mathematical formula. Once the apparent highest ranked firm is recommended by the Selection Committee, the County, in its best interest, reserves the right to negotiate additional terms or commission rates. 1. Indicate the auctioneer's commission for gross sales from $0 to $5,000 for equipment and/or vehicles for a single auction event (as determined by the County project manager). Express as Express as percent in percent in this format.xx (i.e. .14). this format.xx(i.e. .14). 2. Indicate the auctioneer's commission for gross sales from $5,000 to $100,000 for equipment and/or vehicles for a single auction event (as determined by the County project manager). Express Express as percent in as percent in this format .xx(i.e. .14). this format.xx(i.e. .14). 3. Indicate the auctioneer's commission for gross sales from $100,000 to $250,000 for equipment and/or vehicles for a single auction event (as determined by the County project manager). Express as percent in Express as percent in this format.xx(i.e. .14). this format.xx(i.e. .14). 4. Indicate the auctioneer's commission for gross sales from $250,000 to $500,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .10). this format .xx (i.e. .10). 5. Indicate the auctioneer's commission for gross sales greater than $500,000 for equipment and/or vehicles for a single auction event (as determined by the County project Express as percent in manager). Express as percent in this format .xx (i.e. .08). this format .xx (i.e. .08). Total: Add lines 1 — 5 above and insert total in column to the right. (add 1 —5 and enter total) 14-6219 Full Service Auctioneer 13 Packet Page-2217- 9/9/2014 16.E.5. Within each Service Area described above and prior to the Selection Committee reviewing proposals, the following methodology will be applied to each firm's information provided in this area: • The County shall total each of the firm's total and create a ranking from lowest total to highest total. • By Service Area, the highest number of points (35) will be awarded to the firm who has the lowest total. • The next lowest firm's total will be divided by the lowest firm's total which will then be multiplied by 35 points to determine the firm's Points Awarded. Each subsequent firm's total will be calculated in the same manner. • Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Firm Name Firm Total Commission Points Awarded Score Firm ABC .10 35 Firm DEF .12 29 Firm GHI .12 29 Firm JKL .17 21 Firm MNO .20 18 Firm PQR .25 14 The Points Awarded by Firm will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Firm's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Firm. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 4. Tab VI, References (20 points) The County requests that the firm submits complete references from current or former clients. In order for the firm to be awarded any points for this tab, the County requests that the firm submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the firm in their proposal. References marked with letters or words (i.e. N/A) in one of the ten items will be scored "0" points for a response. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each firm s information provided in this area: • The County shall total each of the firm's reference scores and create a ranking from highest number of points to lowest number of points. • The highest number of points (20) will be awarded to the firm r who has the highest reference score. 14-6219 Full Service Auctioneer 14 Packet Page -2218- 9/9/2014 16.E.5. • The firm's reference score will be divided by the highest firm's reference score which will then be multiplied by 20 points to determine the firm's Points Awarded. Each subsequent firm's reference score will be calculated in the same manner. • Points awarded will be extended to the first whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Firm Name Firm Total Reference Points Awarded Score Firm ABC 445 20 Firm DEF 435 20 Firm GHI 425 19 Firm JKL 385 17 Firm MNO 385 17 Firm PQR 250 11 The Points Awarded by Firm will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Firm's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Firm. The Selection Committee may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 14-6219 Full Service Auctioneer 15 Packet Page-2219- 9/9/2014 16.E.5. cattier cry Ae Sew av an urhang Reference Form Solicitation: 14-6219 Full Service Auctioneer Reference Questionaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a reference for which they believe may provide accurate information relating to the company. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very confident and 1 representing that you were very unconfident. If you do not have sufficient knowledge of past performance in a particular area, leave it blank and this item will be calculated as a "0" to the total reference score. Project Completed: Date Completed: Item Citeria Score 1 Ability to manage the auction costs. 2 Ability to maintain auction schedule. 3 Quality of work. 4 Quality of consultative advice provided on auctions. 5 Professionalism and ability to manage personnel. 6 Project execution. 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL(Add Items 1 -10) Please FAX this completed survey to: By 14-6219 Full Service Auctioneer 16 Packet Page-2220- 9/9/2014 16.E.5. 5. Tab V, Other Attachments • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Other: signed addenda, promotional materials, etc. 146219 Full Service Auctioneer 17 Packet Page-2221- 9/9/2014 16.E.5. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this 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 RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. 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. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, 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. 6. Delivery of Proposals All proposals are to be delivered before 2:30 PM, Naples local time, on or before April 21, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Cummings, Procurement Strategist 14-6219 Full Service Auctioneer 18 Packet Page-2222- 9/9/2014 16.E.5. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and five (5) disks (CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this �-. procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent 14-6219 Full Service Auctioneer 19 Packet Page-2223- 9/9/2014 16.E.5. committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab I, Executive Summary 15 Tab II, Company Overview 20 Tab III, Auctioneer Commission Rate 35 Tab IV, References 20 Local Vendor Preference 10 TOTAL Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to 14-6219 Full Service Auctioneer 20 Packet Page-2224- 9/9/2014 16.E.5. enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 14-6219 Full Service Auctioneer 21 Packet Page-2225- 9/9/2014 16.E.5. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer regulations. Risk of loss of any goods This offer is subject to cancellation by the sold hereunder shall transfer to the COUNTY without notice if not accepted by COUNTY at the time and place of VENDOR within fourteen (14) days of delivery; provided that risk of loss prior issuance. to actual receipt of the goods by the COUNTY nonetheless remain with 2. Acceptance and Confirmation VENDOR. This Purchase Order (including all b) No charges will be paid by the COUNTY documents attached to or referenced for packing, crating or cartage unless therein) constitutes the entire agreement otherwise specifically stated in this between the parties, unless otherwise Purchase Order. Unless otherwise specifically noted by the COUNTY on the provided in Purchase Order, no invoices face of this Purchase Order. Each delivery shall be issued nor payments made of goods and/or services received by the prior to delivery. Unless freight and COUNTY from VENDOR shall be deemed to other charges are itemized, any be upon the terms and conditions contained discount will be taken on the full amount in this Purchase Order. of invoice. c) All shipments of goods scheduled on the No additional terms may be added and same day via the same route must be Purchase Order may not be changed except consolidated. Each shipping container by written instrument executed by the must be consecutively numbered and COUNTY. VENDOR is deemed to be on marked to show this Purchase Order notice that the COUNTY objects to any number. The container and Purchase additional or different terms and conditions Order numbers must be indicated on bill contained in any acknowledgment, invoice of lading. Packing slips must show or other communication from VENDOR, Purchase Order number and must be n notwithstanding the COUNTY'S acceptance included on each package of less than or payment for any delivery of goods and/or container load (LCL) shipments and/or services, or any similar act by VENDOR. with each car load of equipment. The COUNTY reserves the right to refuse or 3. Inspection return any shipment or equipment at All goods and/or services delivered VENDOR'S expense that is not marked hereunder shall be received subject to the with Purchase Order numbers. COUNTY'S inspection and approval and VENDOR agrees to declare to the payment therefore shall not constitute carrier the value of any shipment made acceptance. All payments are subject to under this Purchase Order and the full adjustment for shortage or rejection. All invoice value of such shipment. defective or nonconforming goods will be d) All invoices must contain the Purchase returned pursuant to VENDOR'S instruction Order number and any other specific at VENDOR'S expense. information as identified on the Purchase Order. Discounts of prompt To the extent that a purchase order requires payment will be computed from the date a series of performances by VENDOR, the of receipt of goods or from date of COUNTY prospectively reserves the right to receipt of invoices, whichever is later. cancel the entire remainder of the Purchase Payment will be made upon receipt of a Order if goods and/or services provided proper invoice and in compliance with early in the term of the Purchase Order are Chapter 218, Fla. Stats., otherwise non-conforming or otherwise rejected by the known as the "Local Government COUNTY. Prompt Payment Act," and, pursuant to 4. Shipping and Invoices the Board of County Commissioners a) All goods are FOB destination and must Purchasing Policy. be suitably packed and prepared to secure the lowest transportation rates 5. Time Is Of the Essence and to comply with all carrier •'■ 14-6219 Full Service Auctioneer 22 Packet Page-2226- 9/9/2014 16.E.5. Time for delivery of goods or performance of the Occupational Health and Safety Act, the services under this Purchase Order is of the Federal Transportation Act and the Fair essence. Failure of VENDOR to meet Labor Standards Act, as well as any law or delivery schedules or deliver within a regulation noted on the face of the Purchase reasonable time, as interpreted by the Order. COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available 9. Advertising to it at law or in equity. VENDOR agrees to No VENDOR providing goods and services reimburse the COUNTY for any expenses to the COUNTY shall advertise the fact that incurred in enforcing its rights. VENDOR it has contracted with the COUNTY for further agrees that undiscovered delivery of goods and/or services, or appropriate or nonconforming goods and/or services is not make use of the COUNTY'S name or other a waiver of the COUNTY'S right to insist identifying marks or property without the upon further compliance with all prior written consent of the COUNTY'S specifications. Purchasing Department. 6. Changes The COUNTY may at any time and by 10. Indemnification written notice make changes to drawings VENDOR shall indemnify and hold harmless and specifications, shipping instructions, the COUNTY from any and all claims, quantities and delivery schedules within the including claims of negligence, costs and general scope of this Purchase Order. expenses, including but not limited to Should any such change increase or attorneys' fees, arising from, caused by or decrease the cost of, or the time required for related to the injury or death of any person performance of the Purchase Order, an (including but not limited to employees and equitable adjustment in the price and/or agents of VENDOR in the performance of delivery schedule will be negotiated by the their duties or otherwise), or damage to COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY the foregoing, VENDOR has an affirmative or other persons), which arise out of or are obligation to give notice if the changes will incident to the goods and/or services to be decrease costs. Any claims for adjustment provided hereunder. by VENDOR must be made within thirty (30) days from the date the change is ordered or 11. Warranty of Non-Infringement within such additional period of time as may VENDOR represents and warrants that all be agreed upon by the parties. goods sold or services performed under this Purchase Order are: a) in compliance with 7. Warranties applicable laws; b) do not infringe any VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret; and/or services covered by this Purchase and c) do not constitute unfair competition. Order will conform to the specifications, drawings, samples or other descriptions VENDOR shall indemnify and hold harmless furnished or specified by the COUNTY, and the COUNTY from and against any and all will be of satisfactory material and quality claims, including claims of negligence, costs production, free from defects and sufficient and expense, including but not limited to for the purpose intended. Goods shall be attorneys' fees, which arise from any claim, delivered free from any security interest or suit or proceeding alleging that the other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or party. These warranties shall survive services provided under this Purchase Order inspection, acceptance, passage of title and are inconsistent with VENDOR'S payment by the COUNTY. representations and warranties in section 11 (a). 8. Statutory Conformity Goods and services provided pursuant to If any claim which arises from VENDOR'S this Purchase Order, and their production breach of section 11 (a) has occurred, or is and transportation shall conform to all likely to occur, VENDOR may, at the applicable laws, including but not limited to COUNTY'S option, procure for the COUNTY 14-6219 Full Service Auctioneer 23 Packet Page-2227- 9/9/2014 16.E.5. the right to continue using the goods or or threatens to delay timely performance of n services, or replace or modify the goods or this Purchase Order, VENDOR shall services so that they become non-infringing, immediately give notice thereof, including all (without any material degradation in relevant information with respects to what performance, quality, functionality or steps VENDOR is taking to complete additional cost to the COUNTY). delivery of the goods and/or services to the COUNTY. 12. Insurance Requirements The VENDOR, at its sole expense, shall 15. Assignment provide commercial insurance of such type VENDOR may not assign this Purchase and with such terms and limits as may be Order, nor any money due or to become due reasonably associated with the Purchase without the prior written consent of the Order. Providing and maintaining adequate COUNTY. Any assignment made without insurance coverage is a material obligation such consent shall be deemed void. of the VENDOR. All insurance policies shall be executed through insurers authorized or 16. Taxes eligible to write policies in the State of Goods and services procured subject to this Florida. Purchase Order are exempt from Florida sales and use tax on real property, transient 13. Compliance with Laws rental property rented, tangible personal In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from federal, state, and local laws, rules, codes, federal excise tax. and ordinances that are applicable to the conduct of its business. By way of non- 17. Annual Appropriations exhaustive example, this shall include the The COUNTY'S performance and obligation American with Disabilities Act and all to pay under this Purchase Order shall be prohibitions against discrimination on the contingent upon an annual appropriation of n basis of race, religion, sex creed, national funds. origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges 18. Termination and without exception or stipulation shall be This Purchase Order may be terminated at fully responsible for complying with the any time by the COUNTY upon 30 days provisions of the Immigration Reform and prior written notice to the VENDOR. This Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated 1324, et seq. and regulations relating immediately by the COUNTY for breach by thereto, as either may be amended. Failure VENDOR of the terms and conditions of this by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has laws referenced herein shall constitute a provided VENDOR with notice of such breach of the award agreement and the breach and VENDOR has failed to cure County shall have the discretion to within 10 days of receipt of such notice. unilaterally terminate said agreement immediately. Any breach of this provision 19. General may be regarded by the COUNTY as a a) This Purchase Order shall be governed material and substantial breach of the by the laws of the State of Florida. The contract arising from this Purchase Order. venue for any action brought to specifically enforce any of the terms and 14. Force Majeure conditions of this Purchase Order shall Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and responsible for any delay or failure in for Collier County, Florida performance resulting from any cause b) Failure of the COUNTY to act beyond their control, including, but without immediately in response to a breach of limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall and acts of nature. When VENDOR has not constitute a waiver of breach. knowledge of any actual or potential force Waiver of the COUNTY by any default majeure or other conditions which will delay by VENDOR hereunder shall not be 14-6219 Full Service Auctioneer 24 Packet Page-2228- 9/9/2014 16.E.5. deemed a waiver of any subsequent 112.061, Per Diem and Travel default by VENDOR. Expenses for Public Officers, employees c) All notices under this Purchase Order and authorized persons. shall be sent to the respective e) In the event of any conflict between or addresses on the face page by certified among the terms of any Contract mail, return receipt requested, by Documents related to this Purchase overnight courier service, or by personal Order, the terms of the Contract delivery and will be deemed effective Documents shall take precedence over upon receipt. Postage, delivery and the terms of the Purchase Order. To the other charges shall be paid by the extent any terms and /or conditions of sender. A party may change its address this Purchase Order duplicate or overlap for notice by written notice complying the Terms and Conditions of the with the requirements of this section. Contract Documents, the provisions of d) The Vendor agrees to reimbursement of the Terms and/or Conditions that are any travel expenses that may be most favorable to the County and/or associated with this Purchase Order in provide the greatest protection to the accordance with Florida Statute Chapter County shall govern. 14-6219 Full Service Auctioneer 25 Packet Page-2229- 9/9/2014 16.E.5. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements 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. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, 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 Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." 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. 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 Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the 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. 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. 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 14-6219 Full Service Auctioneer 26 Packet Page-2230- 9/9/2014 16.E.5. hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 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 decision 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. 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. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 50% or more of the solicitation amount for said work. 5. 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. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. 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. 7. Payment Method 14-6219 Full Service Auctioneer 27 Packet Page-2231- 9/9/2014 16.E.5. Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • 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 E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard),and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. 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. 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. 14-6219 Full Service Auctioneer 28 Packet Page-2232- 9/9/2014 16.E.5. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for 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. 8. Environmental Health and Safety 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. 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. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. 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. 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 need to be renewed thereafter to remain "active" in Collier County. 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. 10. Principals/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; 14-6219 Full Service Auctioneer 29 Packet Page-2233- 9/9/2014 16.E.5. that this Proposal 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. 11. 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 shall 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. 12.Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory 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. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida 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.orq/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. 16. 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- 14-6219 Full Service Auctioneer 30 Packet Page-2234- 9/9/2014 16.E.5. consultant 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- consultant to any other firm or firms submitting under the same RFP.All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 17. Survivability Bids (RFPs): The Contractor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 14-6219 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Procurement Director prior to the due date for acceptance of proposals. All such protests must be filed with the Procurement Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director ^ within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. 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, supplier, subcontractor, or consultant 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. 20. Security and Background Checks If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing 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 14-6219 Full Service Auctioneer 31 Packet Page-2235- 9/9/2014 16.E.5. 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. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment 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 from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. 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 other 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 consequences: 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, including 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. 23. Immigration Affidavit Certification 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. 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 requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners 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 Purchasing Department 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 both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. 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. 14-6219 Full Service Auctioneer 32 Packet Page-2236- 9/9/2014 16.E.5. 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. 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. 1324, 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. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or 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 County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. 14-6219 Full Service Auctioneer 33 Packet Page-2237- 9/9/2014 16.E.5. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 14-6219 Full Service Auctioneer 34 Packet Page-2238- 9/9/2014 16.E.5. cotr County Purchasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 14-6219 Full Service Auctioneer for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 14-6219 Full Service Auctioneer 35 Packet Page-2239- 9/9/2014 16.E.5. Administrative Senrioes Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Cummings, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation 14-6219 Full Service Auctioneer and April 21, 2014. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 14-6219 Full Service Auctioneer 36 Packet Page-2240- 9/9/2014 16.E.5. er Cowity Adninistrztive Services won Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Y 9 ) 9 Y fY � 9 Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 14-6219 Full Service Auctioneer 37 Packet Page-2241- 9/9/2014 16.E.5. CO County Ads Savices inn Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 14-6219 Full Service Auctioneer Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 14-6219 Full Service Auctioneer. (Proposal Continued on Next Page) 14-6219 Full Service Auctioneer 38 Packet Page-2242- 9/9/2014 16.E.5. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 14-6219 Full Service Auctioneer 39 Packet Page-2243- 9/9/2014 16.E.5. C oikr-County Achiristative SenncesDivisial Futhashe Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 14-6219 Full Service Auctioneer(Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or 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 County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way.This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section.A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees(Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 14-6219 Full Service Auctioneer 40 Packet Page-2244- 9/9/2014 16.E.5. Cotr Comity Administrative' t St:vices Division Purchasing Attachment 6: Immigration Affidavit Certification Solicitation:14-6219 Full Service Auctioneer This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals(RFP) submittals. Further, 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. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 14-6219 Full Service Auctioneer 41 Packet Page-2245- 9/9/2014 16.E.5. c�ier: rtt� Seivioas Purchasing Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation _Partnership Tax Exempt (Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D =Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 14-6219 Full Service Auctioneer 42 Packet Page-2246- 9/9/2014 16.E.5. �-. Cot County Rdrrin a Services Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1.000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 500,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Auctioneer Liability $1,000,000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate Packet Page-2247- 9/9/2014 16.E.5. ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate n. • $2,000,000 per claim and in the aggregate • ® Employee Dishonesty Bond $100.000 Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 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. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 14-6219 Full Service Auctioneer 44 Packet Page-2248- 9/9/2014 16.E.S. �r O O ■J O O O a) Y 0 0 Y O O O C) C c'` O O CO _ C O O O 00 LL N O it Q' `- N C') C) N CD C y •- N '3 _ d N- N ch Si' N C E Ca a) .2 a) O ea Q Q U C N N u >, f`_ N C - a) O a) .. O 'a O -o L u) o +-1 C V N .. C C) a) .L fa d O N CD m > m E c 2 d Z m V) 2 m 2 a — CV cr U N- N Co) 0 Y d O Y a -3 0 0 C 0 N r C 'F \O CD a) N U O a - N Cr) 0 Q o U m 0 _ ❑ >, E' o >, a) (Is re E 0 a a - N 0 N c - N M 2 > a). ca C O >, C) a) C -c Q) co a1 c N (-) AS to>+ C U A C 0 0 ~ a. ~ a' co a) ca ■ _ C.) to c a c C ui o E u. 1... 0 U a CO L o a) a) a) o u) m a) a) C C C a) a) C C c Q E o .o a) c E o o O �, y, U U .>> ct O .v L . v > c) c �_ c as E a) C> > LI- = c ca Q m O N C) c Q °) O CD c ° o m U � C .. o l s L - Z 0 Q � N a N a) C.) B U Q' L rn r a) C c co 4. _ C a Q 'a) C N Q Q O Q 0) �- O Do Q n C C .. 0 O CD �" .. u0i a`) C � (n a) C d it; `a c E CU n, m m S E v Y c Y UHF- Q C D z co � i- C D d Packet Page -2249-