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Backup Documents 03/13/2018 Item #16E1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates.and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office In' 'a Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office 21-1S � l 4. BCC Office Board of County 3 gra. (721 Commissioners 344 I 3 •a. 4. Minutes and Records Clerk of Court's Office 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance for Evelyn Colon Contact Information 239-252-8998 Contact/ Department Agenda Date Item was March 13,2018 Z Agenda Item Number 16E1 V Approved by the BCC _ Type of Document Contract Number of Original Attached Documents Attached PO number or account N/A 18-7262 Full Service Royal Auction Grp, dba number if document is Auctioneer FL Truck&Equip to be recorded Sales V/ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable colu i w- e er is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP 0 i4 hat Does the document need to be sent to another agency for addit . _ a atures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/13/2018 and all changes made during the meeting have been incorporated in the attached document. The County J ' Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. MAR 142018 1 6 E 1 MEMORANDUM Date: March 22, 2018 To: Barbara Lance, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #18-7262, Full Service Auctioneer Royal Auction Group, Inc. Attached, is an original copy of the contract referenced above, (Item #16E1) approved by the Board of County Commissioners on Tuesday, March 13, 2018. The second original contract has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16E1 REVENUE GENERATING AGREEMENT # 18-7262 for FULL SERVICE AUCTIONEER THIS AGREEMENT, made and entered into on this )3" day of march 2018 , by and between Royal Auction Group, Inc. dba Florida Truck & Equipment Sales , authorized to do business in the State of Florida,whose business address is 96 Skyline Drive, North Fort Myers, FL 33903 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing El upon the date of Board approval ❑ on and terminating on (3 ) year(s) from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) ❑ Invitation to Bid (ITB) ❑ Other ( )# 18-7262 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ElThe Contractor shall also provide services in accordance with Exhibit A—Scope of Services attached hereto. It is not permissible for other County divisions or governmental entities to utilize the Agreement. Page 1 of 12 Revenue Generating Agreement#2017.004(Ver.1) 16E1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto. 5. FINANCIAL REVIEW, RECORDS, AUDIT. The Contractor shall provide, at its expense, an annual independent review of the Contractor's financial records. The purpose of this review is to substantiate that the County has been compensated in accordance with this Agreement. The Contractor shall establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Contractor grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operations. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Contractor. The Contractor agrees to provide materials for the audit at the place designated by the County within three (3) business days after the County's notice to do so is received by Contractor, all at no cost to the County. 6. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 7. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Royal Auction Group, Inc. dba Florida Truck&Equipment Sales Address: 96 Skyline Drive Fort Myers, Florida 33903 Authorized Agent: Brandon Roy, President Attention Name & Title: Brandon Roy, President Telephone: (239) 936-4121 E-Mail(s): Broy@royalauctiongroup.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 2 of 12 Revenue Generating Agreement#2017.004(Ver.1) 1 6 E 1' Board of County Commissioners for Collier County, Florida Division Director: Edward F. Coyman Jr. Division Name: Procurement Services Address: 3295 Tamiami Trail East Naples, Florida 34112-4901 Administrative Agent/PM: Catherine Bigelow, Operations Manager Telephone: (239) 252-8940 E-Mail(s): Catherine.Bigelow@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 8. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 3 of 12 Revenue Generating Agreement#2017.004(Ver.1) 16E1 11. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Q■ Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 100,000/500,000 for each accident. D. n Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. E. (*Crime Liability: Coverage shall have minimum limits of $ 1,000,000 per claim. F. Q Property or Inland Marine : Coverage shall have minimum limits of$ 1,000,000 per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the Page 4 of 12 Revenue Generating Agreement#2017.004(Ver.1) 16E1 policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 15. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Procurement Services Division 16. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 17. APPLICABILITY. Only the sections corresponding to any checked box ( ) will apply to this Agreement. 18. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑� Exhibit A Scope of Services, Exhibit B Fee Schedule, NI RFP/ ❑ ITB/E1 Other #18-7262 , including Exhibits, Attachments and Addenda/Addendum and n Other Exhibit/Attachment: Performance and Payment Bonds Page 5 of 12 Revenue Generating Agreement#2017.004(Ver.1) 16E1 19. 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, Collier County Ethics Ordinance No. 2004-05, as amended, 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon Page 6 of 12 Revenue Generating Agreement#2017.004(Ver.1) 16E1 completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. ❑ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to Page 7 of 12 Revenue Generating Agreement#2017.004(Ver.1) 1 6 E1 perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPScolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank-signature page to follow) Page 8 of 12 Revenue Generating Agreement#2017.004(Ver.1) 16E1 IN WITNESS, WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first above written. BOARD OF ' •U • Y COM . ll'• ' ERS ATTEST: COLLIE` OW► Y FLOR . e / Dwight E. Brock, Clerk of Courts By: 4t k- c ( } C . By: f .. a Andy Solis, Esq. , Chairman Dated: - ' Seal) ',. Attest as to Chapman s signature only. Royal Auction Group Inc. Contractor's Witnesses: Contractor: dba Florida Truck&Equipment Sales 1' 41 . sc 1, killBy: e,.t" . Ja.„ illFirst Witness Signature c /L (� ( _ { h -, ,, As k P-a_c' ' I i! i..�'S �'-Y 3 ir / 1`e-- Name Print Name and Title Print and Title \11\ktlX(4-- ..,,Le AL)(...._ Secondrida Truki ',Cs.)(. C r - Aebe rt Ate+- I i Jr Print Name and Title As•ro e•\s to o .:`nd egality: 11111111 IN I --- .--- County Attorney 1 v Item# 1.a--1. Agenda":2) \3 tc Date ----- Date '3 j[-I 5 Recd •,puty k Page 9 of 12 Revenue Generating Agreement#2017.004(Ver.1) 1 6 E1 Exhibit A Scope of Services *following this page (# of pages 6 ) n this exhibit is not applicable Page 10 of 12 Revenue Generating Agreement#2017.004(Ver.1) 16E 1 Colter County Administr t vc Soryr cess Depart-nen! COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR FULL SERVICE AUCTIONEER SOLICITATION NO.: 18-7262 A'1:TAC,E_I MEN'I A - SCOPE OF SERVICES BRENDA BRILHART, CPPB, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239)252-8446 BrendaBrilhart@colliergov.net(Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16E1 6 ATTACHMENT A-SCOPE OF SERVICES SCOPE OF SERVICES The Board of County Commissioners seeks bids to enter into an Auctioneer-customer relationship with a licensed, insured, and bonded full service (traditional and Internet based sales) auction services. The Auctioneer shall perform all the required services and tasks to market, advertise, transport and sell the equipment and vehicles for the County. Auctioneer shall provide all necessary auctioneers, accountants, clerks and office staff required to achieve the efficient and orderly auction. Auctioneer shall employ qualified personnel to perform the Services and shall perform this engagement in a professional and skilled manner in accordance with all applicable, federal state and local laws and regulations. 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. The yearly traditional auction generally occurs in February or early March of each year. Dates for all of the County's auctions (traditional and Internet)will be determined by the County and coordinated with the Auctioneer. Internet Based Sales and Service: Defined as property pick-up for County; transport property to Auctioneer's warehouse; advertise/solicit bids 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. This does not preclude Collier County itself from selling items through an on-line bidding system as needed throughout the year. Type Of Property To Be Sold The successful auction firm shall conduct public auction sales of the following classes of material (also referred to as property): 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 History For information purposes, the County has historically held two (2) traditional auctions per year (one summer and one late winter). 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). Date Total Sales FY 2013 $3,335,758.25 FY 2014 $3,254,193.59 FY 2015 $2,929,565.85 FY 2016 $6,404,442.05 FY 2017 $5,953,389.84 Notes: • Total sales represent Board of County Commissioner property only. • The number of property/vehicles are estimates only and are not a guarantee of actual number of items RFP 18-7262 Full Service Auctioneer 1 16E1 Responsibility Of Auction Firm The Auctioneer agrees to provide all of the sales and services related to traditional and Internet based auctions with no additional expense borne by the County, including: • 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. • Provide fee(s)any pre-sale deposit(s),application(s)or license(s) for space or equipment rental prior to the auction. • For public auction services only,Auctioneer shall provide a suitable site for the auction(s)with adequate restroom facilities available for staff and bidders. • For Traditional Sales: A written detailed site plan and schedule pertaining to the utilization of the site must be submitted to the Procurement contact at least two weeks prior to the auction and must include: 1. Main point of contact. (Local point of contact necessary). 2. Security,crowd control. 3. Traffic,parking assistance. 4. Trash control,clean up. 5. Point of contact for concessionaires. 6. Description of specific areas to be used(detailed site plan). 7. Schedule of dates and times for set-up,events and close of events. REQUIREMENTS OF AUCTION FIRM: Fully automated accounting system that will track and provide the following information: 1. List of all lot numbers on which individual bidders were successful,to include total dollar amount spent by each registered bidder; 2. Dollar amount of bid price for each lot sold;and 3. Reports available at the day of auction. Trained staff able to provide the following services: 1. Receive and tag lots as they are received from County to auction site; 2. Perform data entry on above noted automated system; 3. Receive and account for payments; 4. Issue receipts and vehicle documents(bills of sale,title transfers). Advertising by Auctioneer: 1. Notify all individuals and companies on the maintained bidders' lists for equipment,vehicles and other items offered for sale at auction; 2. Advertise in auction trade journals,publications,website,etc.; 3. Edit,print and distribute brochures based on equipment and other items to be sold at auction; and 4. Provide brochures to the County for distribution,in quantity determined by the County;and Transport Items/Equipment Requirement: 1. Transport ALL items/equipment from the County to the Auctioneer's auction site(s)at no cost to the County with the proper transportation equipment;and 2. Transport ALL unsold items/equipment from the Auctioneer's auction site(s)to the County at no cost to the County with the proper transportation equipment upon request of the County. Auctioneer shall retain property at their location until auction is held,unless otherwise approved in writing by the County's Contract Coordinator. RFP 18-7262 Full Service Auctioneer 2 1 6 E1 Licensed Auctioneer in good standing in the State of Florida Auctioneer must comply under Florida Statutes Chapter 468,Part V,Auctioneers(ss. 468.35-468.639.) • Preparation of the site is the sole responsibility of the auctioneer. • Provide a tent or other equivalent structure with sufficient square footage to cover the merchandise to be displayed and sold in the traditional sale. • 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. • 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 Procurement 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. • Prepare and provide reports as designated by the Procurement 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. • 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 Procurement reserves the right to approve all publicity and signs prior to posting and distribution. • Conduct Internet and traditional merchandise inspection tours with prospective buyers. • Bond Requirement: Initially, upon notice of pending award by the Board of County Commissioners, and then fourteen(14) days prior to each subsequent auction, the Auctioneer shall furnish to the County a Performance Bond using the form prescribed in Exhibit A. The Performance Bond shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. 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 Fulton Street, New York, NY 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. If the surety for any bond furnished by the Auctioneer is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Auctioneer shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the County's approval. All performance security under the subsequent contract shall be continued for sixty(60)days after the event. Auction Coordination Auctioneer shall be responsible for coordination of all auction activities with the Contract Coordinator or designees. Auctioneer shall offer suggestions, on a timely basis, for maximizing sale value of items. The RFP 18-7262 Full Service Auctioneer 3 1 6 E1 County will provide Auctioneer an inventory list(s). The County reserves the right to add/delete items from the list up to the day of the auction. A master list shall be printed for distribution as close to the auction day as possible.Auctioneer shall tag all items for sale prior to the day of the auction. 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)weeks after the sale. 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 Procurement representative within two(2)weeks after the date of the sale. The Auctioneer must provide the County with an itemized list of sales results to include: 1. The item/lot number. 2. The item description. 3. The item originating department(if provided by the Procurement Department). 4. The name and address of the buyer. 5. The actual per item sale price. 6. The payable per item commission. 7. The per item amount remitted to the County. 8. The total amount received from the auction. Collier County allows other public agencies to participate in this auction bid (i.e. Sheriff's Office, County of Naples, Naples Airport, Naples Fire Department, etc.). The Auctioneer must provide a final accounting and itemized sales results, by Agency, within two (2) weeks after auction date and contain all of the information identified above. The Auctioneer shall have 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. The Auctioneer shall 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. The Auctioneer shall comply with all federal, state and local laws/regulations governing auctions. The Auctioneer shall 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. The Auctioneer is responsible for providing 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. The Auctioneer shall be responsible for obtaining all necessary permits/licenses, advertising and set up for each auction event(e.g.,tent, signs,etc.). RFP 18-7262 Full Service Auctioneer 4 l6Ei The Auctioneer is responsible for all travel, lodging and meal expenses. Responsibility of The County: Typically,the County will provide a sale location for the traditional auction event. Should the County elect not to, or be unable to, provide a sale location for an auction event, the Auctioneer shall be responsible for securing the auction site at the auctioneer's expense, and obtain prior approval of the Procurement representative for the selected site and site rental agreement. Subsequent to the auction event, the Auctioneer may seek reimbursement for site rental expenses pursuant to the terms of the rental agreement. The auction site will be available three (3) days in advance of the auction date to allow for adequate site preparation and item display. The County shall provide the Auctioneer with titles and other necessary documentation for vehicles no less than five (5) calendar days prior to sale day. The Auctioneer shall be responsible for ensuring that proper sales information (including, but not limited to actual vehicle odometer readings) concerning each and every asset for sale is accurate and properly communicated to each bidder at time of sale. Qualifications 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, insured, and bonded in the State of Florida, and conduct business in accordance with Florida Statutes,Title XXXII,Chapter 468. B. Auctioneer must have a minimum of five (5) 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. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. 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. 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. RFP 18-7262 Full Service Auctioneer 5 1 6 E1 Exhibit B Fee Schedule *following this page (# of pages 1 ) Page 11 of 12 Revenue Generating Agreement#2017.004(Ver.1) 1 6 E1 EXHIBIT B- Fee Schedule GOVERNMENT FEES: FEE/RATE COSIGNOR PREMIUM 0% COSIGNOR TRANSPORTATION CHARGES None COSIGNOR ADVERTISING CHARGES None TRADITIONAL SALES FEE/RATE PER TRANSACTION BUYER'S PREMIUM 10% INTERNET BASES SALES AND SERVICES Fee/Rate Per Transaction ONLINE BUYER'S PREMIUM 12% MOTOR VEHICLE SALES Fee/Rate Per Vehicle TITLE ADMINISTRATIVE FEES $50 TITLE TRANSFER FEES $100 DEALER TITLE FEE $25 OTHER Fee/Rate Per Transaction CREDIT CARD PROCESSING FEE 3% The following services are included at no additional cost to County as indicated in Contractor's proposal which is incorporated as reference. • Transportation of assets; • Deidentification and vehicle sale prep; • Light mechanical work (i.e. batteries, fuel) upon approval; • Complete item write-ups with full detailed descriptions, as well as condition reports to include photos and video; • Marketing-local domestic and international print and web Advertisements; • Seeking out buyers for specialized assets, personal based emails and phone calls to targeted business 16E1 Other Exhibit/Attachment Description: Performance and Payment Bonds *following this page (# of pages 7 ) ❑■ this exhibit is not applicable Page 12 of 12 Revenue Generating Agreement#2017.004(Ver.1) 1 6 E1 OTHER EXHIBIT: PERFORMANCE AND PAYMENT BONDS REQUIREMENT Bond Requirement: Initially, upon notice of pending award by the Board of County Commissioners, and then fourteen (14) days prior to each subsequent auction, the Auctioneer shall furnish to the County a Performance Bond using the form prescribed in Exhibit C-1 and Exhibit C-2. The Performance Bond shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. 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 Fulton Street, New York, NY 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. If the surety for any bond furnished by the Auctioneer is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Auctioneer shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the County's approval. All performance security under the subsequent contract shall be continued for sixty (60) days after the event. 1 6 E1 Exhibit C-1 PUBLIC PAYMENT BOND Bond No.CE02671700118 Contract No. 18-7262 KNOW ALL MEN BY THESE PRESENTS: That Royal Auction Group Inc , as Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY , as Surety, located at ONE BALA PLAZA SUITE 100, BALA CYNWYD, PA 19004 (Business Address) are held and firmly bound to COLLIER COUNTY as Oblige in the sum of ONE HUNDRED THOUSAND & NO CENTS ($ 10 0 . 0 0 0 . o o ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the12 day of MARCH , 2018 with Oblige for AUCTIONING GOVERNMENT ASSETS in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 7TH day of MARCH , 208, the name of under-signed representative, pursuant to authority of its governing body. 16E1 Signed, sealed and delivered in forvence of: PRINCIPAL: Royal A ion Gkoup Inc k �� �.� Witnesses as to Principal Name: -t.,, 0- Its: STATE OF cc - COUNTY OF Tlee foregoing,instrument was acknowledged before me this r?'of Akita' '- 20 l , by , as rIwlof Royal Auction Group Tnp a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: �_ 9 t a Wit ... (Signature of Notary) i'''r RACHELLE DAVES ,--� ;_ MYCOMMISSION#FF181378 Name: 1[ct llc L v s a.. =.41/ EXPIRES:December4,2118 (Legibly Printed) ��';8,'.,f`os Bonded Thru Maori Insurance Agency (AFFIX OFFICIAL SEAL) Notary Public, State of 1-1 Commission No.: - t- ATTEST: SURETY: PHILADELPHIA INDEMNITY INSURANCE COMPANY (Printed Name) ONE BALA PLAZA SUITE 100 BALA CYNWYD, PENNSYLVANIA 19004 (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR 1 6 E1 ,f _ VLAiQ A+.� "�` As Attorney in Fact ��J�'Ll� (Attach Power of Attorney) itness-- ONE BALA PLAZA SUITE 100 BALA CYNWYD, PENNSYLVANIA 19004 (Business Address) VALERIE ANN ABER (Printed Name) 888-518-8011 (Telephone Number) STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me this 7TH of MARCH 2018 , by_ VALERIE ANN ABER , as ATTORNEY-IN-FACT Of PHILADELPHIA INDEMNITY INSURANCE COMPANY , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires:11/30/2021 1 � (Signature/'of Notary) Name: EZRA TIMOTHY NORRIS (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ARI ZONA EZRA TIMOTHY NORRIS Commission No.: 537939 t, Notary_ PRICOublic PACOUNTY-State of Arizona � MAMy Commission Expires November 30,2021 16E1 EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. CE02671700118 Contract No, 18-7262 KNOW ALL MEN BY THESE PRESENTS: That Royal Auction Group Inc , as Principal,and PHILADELPHIA INDEMNITY INSURANCE COMPANY, as Surety, located at ONE BALA PLAZA SUITE 100, BALA CYNWYD, PA 19004 (Business Address) are held and firmly bound to COLLIER COUNTY , as Oblige in the sum of (1NF. HTTNfRRI) THOTT.4ANT) AND NO CRNTS ($ 10 0, 0 0 0 . 0 0 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,Jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 1 2TH day of MARCH 2018 , with Oblige for AUCTIONING GOVERNMENT ASSETS in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. 16E1 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 7TH day of MARCH , 2018 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal Natne: ! f N44 •t ;,�.�4 _,. Its: STATE OF COUNTY OF The foregoing instrument was acknowledgecLbefore me this day of i ki-4--(a- 20 1'6 by -La.. y1- + , as vire ia.-i --2" of Royal Auction Group Inc , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: it s (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State ofk•-- 104:S. fir e f terry = RACHELLEDAVES Commission No.: c---F " t. 3 0 �I I: ���••••;.: MY COMMISSION M FF 181373 =a �« EXPIRES:December 4,2018 I 'k A;• Bonded Thru Pickard Insurance Agency 1 6 E1 ATTEST: SURETY: PHILADELPHIA INDEMNITY INSURANCE COMPANY (Printed Name) ONE BALA PLAZA SUITE 100 BALA CYNWYD, PENNSYLVANIA 19004 (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) C� OR at)vt,09 nn ' ,A . O ' As Attorney in Fact ' - (Attach Power of Attorney) fitness-s ONE BALA PLAZA SUITE 100 BALA CYNWYD, PENNSYLVANIA 19004 (Business Address) VANE ANN ABER (Printed Name) 888-518-8011 (Telephone Number) STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me this 7TH day of MARCH ,2018, by_ VALERIE ANN ABER , as ATTORNEY-IN-FACT of PHILADELPHIA INDEMNITY INSURANCE COMPANY , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires: 11/30/2021 (Signature fof Notary) Name: EZRA TIMOTHY NORRIS (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ARIZONA EZRA TIMOTHY NORRIS Commission No.: 537939 p1/415: Notary Public-State of Arizona. � MARICOPACOUNTY My Commission Expires November 30,2021 16E,1 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Valerie Ann Aber its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the I4'"of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 2771 DAY OF OCTOBER,2017. 111 • (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27'''day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. Couuo'+WE.Atr, Jam - \\ .OFw.sew; "1 eN21/J�,14 V r�Knopp. Notary Public: VX v ` r oxo Memo heV.oOos St.2.202t �tYCoo,rs4w£,osa tew-t5.2J7� YGIYnr. '�+'sr- residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: September 25,2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27th day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of M /k ,20 1g. 1 t Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY / ) ® E DATE(MM/DDNYYY) '`� Rp CERTIFICATE OF GARAGE INSURANCE V 3/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: BRUCE HENDRY INSURANCE PHONE 239-657-3614 FAx 711 W MAIN ST E ANo Ext1 (A/C,No): 23-657-6468 1 ADDRESS: RACHEL@BHINS.COM IMMOKALEE FL 34142 INSURER(S) AFFORDING COVERAGE NAICII License#:L023031 INSURER A MESA UNDERWRITERS SPECIALTY INS INSURED Royal Auction Group, Inc. INSURER B: dba Florida Truck and Equipment Sales INSURER C 96 Skyline Dr INSURER 0: NORTH FORT MYERS FL 33903 INSURER E: INSURER F: COVERAGES PROD/CUSTOMER ID: D1 CERTIFICATE#: D2 REVISION#: D3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GARAGE LIABILITY ALL OWNED HIRED AUTOS AUTO ONLY(Ea accident) $ 1,000,000 12/02/2017 12/02/2018 AUTOS ONLY A X NON OWNED AUTOS OTHER THAN EA ACCIDENT s 1,000,000 USED IN GARAGE BUSINESS MP0009003006840 AUTO ONLY AGGREGATE S 2,000,000 GARAGE KEEPERS LIABILITY COMP/ OTC LOC LEGAL LIABILITY SPECIFIED PERILS LOC S DIRECT BASIS COLLISION LOC $ PRIMARY EXCESS LOC GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ _ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ _ POLICY-JE Q LOC UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y/N N/A EL EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ If yes,describe under REMARKS below E.L.DISEASE-POLICY LIMIT $ REMARKS (Attach ACORD 101,Additional Remarks Schedule,if more space is required) POLICY PROVIDES PERSONAL INJURY PROTECTION $10,000 / CAR DEALER / AUCTION SALES / 19 DEALER TAGS $1,000,000 Lot limit and $50,000 Max Per Any One Vehicle Limit for Comprehensive and Collision Coverage for Dealer Open Lot Coverage/Physical Damage. With $1,000/$5,000 Deductible, excluding Wind/Hail CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 THORIZ D REPRESENTATIVE ©2010 ACORD CORPORATI 'PI. Al!rights reserved. ACORD30(2010/12) The ACORD name and logo are registered marks of ACORD JJ 11 A CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON ACI Bruce Hendry Insurance, Inc. PHONE 'YC aC.No.Ext)• 239-657-3614 Ac,ND):239-657-6468 711 W. Main Street EMAIL ADDRESS: `�sq,�' karen@bruceheninsurance.com Immokalee, FL 34142 L023031 INSURERS) AFFORDING COVERAGE NAICA INSURER A:COVINGTON SPECIALTY INS CO INSURED ROYAL AUCTION GROUP, INC. INSURER B: LAND AUCTION SERVICES INSURER C: PO BOX 61567 INSURERD: NORTH FORT MYERS, FL 33906 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR END POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE X COMMERCIAL GENERAL LIABILITY REN PREM SES t(Ea occurrrrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 A Y VBA538003 04/30/2017 04/30/2018 PERSONAL&ADV INJURY $ 1,000,000_ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,0 0 0,0 0 0 7 POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT jEa accident) ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE S AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITYYIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Realtor & Equipment Auctions Collier County Board of County Commissioners is included as an additional insured under the captioned Commercial General Liability policy on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COUNTY COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 HORIZ D REPRESENTATIVE}} ' r(2— /We ©1988-2010 ACORD CORPORATION II rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD 1 6 E1 POLICY NUMBER: VBA538003 00 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the applicable Limits of Insurance shown in the 1. The insurance afforded to such additional Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 l6Ei INSURANCE BINDER DAT11/09/17YYY) THIS BINDER IS A TEMPORARY INSURANCE CONTRACT AND IS CANCELLED WHEN REPLACED BY A POLICY. AGENCY COMPANY BINDER# Bruce Hendry Insurance, Inc. FCB& I Fund 106-59503 711 W Main St EFFECTIVE EXPIRATION Immokalee, FL 34142 DATE TIME DATE TIME Attn:Maria Olvera 11/08/17 X AM 12:01 PM 12/08/17 X 12:01 AM NOON (A/cO,No,Ext):NE 239-657-3614 I FAX 239-657-6468 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: PER EXPIRING POLICY# AGENCY DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Including Location) CUSTOMER ID: INSURED AND MAILING ADDRESS Royal Auction Group Inc PO Box 61567 Fort Myers,FL 33906 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSE OF LOSS BASIC BROAD SPEC GENERAL LIABLITY EACH OCCURENCE $ DAMAGE TO $ COMMERCIAL GENERAL LIABLITY RENTED PREMISES MED EXP (Any one person) $ CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 7 RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG $ VEHICLE LIABLITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED AUTOS PEOPERTY DAMAGE $ SCHEDULED AUTOS MEDICAL PAYMENTS $ HIRED AUTOS NON-OWNED AUTOS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ VEHICLE PHYSICAL DAMAGE DED ALL VEHICLES I I SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION STATED AMOUNT $ OTHER THAN COL: GARAGE LIABILITY • AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ PER STATUTE WORKERS COMPENSATION E.L.EACH ACCIDENT $ 1,000,000 AND EMPLOYER'SLIABLILITY E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 SPECIAL FEES $ CONDITIONS/ TAXES $ OTHER COVERAGES ESTIMATED TOTAL PREMIUM $ NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AUTHORIZED REPRENTATIVE t'd. ....#Ap....el.,....,,Th Florida Citrus, Business&Industries Fund ACORD 75(2013/09) ©1993-2013 ACORD CORPORATION. All rights reserved. Sub.No. 145429 16E1 + ® 520 Madison Avenue 32nd Floor,New York,NY 10022 H I SCOX C-SUI Le (646)452-2353 Endorsement 2 APPLICANT NAME: Royal Auction Group, Inc E1422.1 Loss Payable Endorsement In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the Crime Coverage Part is amended as follows: SCHEDULE [X] Joint Payee Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 I. If"Joint Payee" is selected in the above Schedule,you agree that any loss payable under this policy will be jointly paid to you and any Joint Payee(s)listed in the Schedule according to the corresponding percentages.Any such payment we make will constitute payment to you.We agree that we will make all such payments jointly to you and the Joint Payee(s), and we will not make any payment solely to you unless we receive a request in writing from the Joint Payee(s)to make such payment to you. II. If"Sole Payee" is selected in the above Schedule,you agree that any loss payable under this policy will be paid to the Sole Payee(s)listed in the Schedule according to the corresponding percentages, and that any such payment will constitute payment to you.We will make all such payments to the Sole Payee(s)and we will not make any payment solely to you unless we receive a request in writing from the Sole Payee(s)to make such payment to you. III. This policy is for your benefit only. It provides no rights or benefits to any other person or organization, including any entity listed in the above Schedule, other than to receive payment for loss as provided by Sections I.and II.of this Endorsement.You must present any claim for loss covered under this policy. CSUCRI E1422 CW(07/17) Page 1 of 1 CR1ENADQT3 1 6 E1 II)et . 520 Madison Avenue 32nd Floor,New York,NY 10022 H I SCOX C-Suite (646)452-2353 Endorsement 1 APPLICANT NAME: Royal Auction Group, Inc E2624.1 War and Civil War Exclusion Endorsement [] Declarations [X]General Terms and Conditions [] D&O Coverage Part [] Public Officials Liability Coverage Part [] Educators Legal Liability Coverage Part [] EPL Coverage Part [] Fiduciary Coverage Part [] Employed Lawyers Coverage Part In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the Coverage Part(s)selected above is amended as follows: This policy does not apply to and we will have no obligation pay any sums under this policy, including any damages, claim expenses, or other loss, for any claim, breach, event, or occurrence directly or indirectly occasioned by, happening through, or in consequence of: 1. war, invasion, acts of foreign enemies, hostilities(whether war is declared or not), civil war, rebellion, revolution, insurrection, military, or usurped power; or 2. confiscation, nationalization, requisition, destruction of, or damage to property by or under the order of any government, public, or local authority. CSU E2624 CW(07/17) Page 1 of 1 CR1 ENADQT3 LanceBarbara 1 V E 1 From: Shelly Daves <sdaves©royalauctiongroup.com> Sent: Tuesday, March 13, 2018 3:41 PM To: LanceBarbara Subject: Property Coverage Attachments: ROYAL CERT1.pdf Hello Barbara, We were able to add the property coverage/inland marine under our current Garage policy. Please see attached and advise any changes needed on the certificate. Kind regards, O1 ® DRQ Office Manager/Title Clerk Royal Auction Group, Inc Land Auction Service DBA 239.936.4122 - Direct 239.936.4121 -Office sdavesAroyalauctiongroup.com www.RoyalAuctionGroup.com 1 LanceBarbara 16E1 From: Shelly Daves <sdaves@royalauctiongroup.com> Sent: Monday, March 05, 2018 3:39 PM To: LanceBarbara Subject: FW: RFP 18-7262 Auctioneer Services Kind regards, a Oared. Office Manager/Title Clerk Royal Auction Group, Inc Land Auction Service DBA 239.699.4593 - Direct 239.936.4121 -Office sdaves@royalauctiongroup.com www.RoyalAuctionGroup.com From: GonzalezGreily [mailto:Greily.Gonzalez@colliercountyfl.gov] Sent: Friday, February 23, 2018 4:53 PM To: Shelly Daves<sdaves@royalauctiongroup.com> Subject: RE: RFP 18-7262 Auctioneer Services Good Afternoon Shelly, What we asked for is for proof of coverage for Crime/Employee Dishonesty and not Professional Liability. Let me know if that clarifies the issue. Respectfully, Greily Gonzalez, ARM Operations Coordinator Ceounty Risk Management Division NOTE: Email Address Has Changed 3311 Tamaimi Trail E, Bldg D, Naples, FL 34112 Ph: 239.252.8914 Fax: 239.252.8048 From: Shelly Daves [mailto:sdaves@royalauctionRroup.com] Sent: Friday, February 23, 2018 3:59 PM To: GonzalezGreily<Greily.Gonzalez@colliercountyfl.gov> Subject: RFP 18-7262 Auctioneer Services Hello Greily, 1 16E1 6 In dealing with our insurance agent and underwriting, we have been asked " I would negotiate the Professional Liability Request they have below as I am not sure what PL exposure this insured has here?" Would you be able to clarify what Professional Liability Insurance we are in need of? We have multiple policies with multiple additional endorsements and want to be sure we've covered all the bases. Thank you so much! Kind// regards, J14 DOW Office Manager/Title Clerk Royal Auction Group, Inc Land Auction Service DBA 239.699.4593 - Direct 239.936.4121 -Office sdavesRroyalauctiongroup.com www.RoyalAuctionGroup.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2