|
AGREEMENT FOR AUCTION SERVICES
<br /> "HIS AGREEMENT is entered into as of the day of , 2013, by and between Indian
<br /> ver County, a political subdivision of the State of Florida, having its principal address at 1801 27th Street,
<br /> 'Vero Beach, Florida 32960 ("County") and Associate Auctions, LLC, a Florida corporation, having its
<br /> principal address at 416 SE Cortez Ave., Stuart, Florida 34994 ("Auctioneer").
<br /> WHEREAS, County has issued Request for Proposal #2013025 ("PEP") for auction services, and
<br /> Auctioneer, a duly licensed auctioneer under Chapter 468, Part VI, Florida Statutes, has submitted a response
<br /> to the RFP, and
<br /> WHEREAS, County has accepted Auctioneer's response to the RFP, and the parties now desire to enter into
<br /> this written agreement setting forth the terms and conditions under which Auctioneer will provide auction
<br /> services to County.
<br /> NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, and other good and
<br /> valuable consideration,the parties hereby agree, as follows:
<br /> 1. Recitals. The above recitals are true and correct, and are incorporated herein.
<br /> 2. Scope of Work. When requested in writing from time to time by County, Auctioneer shall provide
<br /> auction services as defined in and in accordance with Chapter 468, Part VI, Florida Statutes.
<br /> Specifically, Auctioneer shall (i) provide all staff (licensed as necessary) and equipment to
<br /> organize, coordinate and conduct one or more auctions of personal property or real property owned
<br /> by County, (ii) provide advertising for each auction, including notifying individuals and companies
<br /> on Auctioneer's maintained bidders lists, printing and distributing brochures, and advertising in
<br /> trade journals, newspapers and other such publications, (iii) use best efforts to obtain the best
<br /> possible price for all auction items, (iv) provide law enforcement personnel to direct traffic, (v)
<br /> provide refreshment services for bidders, (vi) provide set up, tear down, and clean up services, (vii)
<br /> provide an accounting and report of each auction, including a lists of registered bidders, lot items,
<br /> successful bidders and other relevant information, and remit sale proceeds to County within 10 days
<br /> of each auction, and (viii) provide all other usual and customary services for each auction. All such
<br /> services shall be provided in a competent and professional manner, consistent with the standards of
<br /> licensed, competent and professional auctioneers in the state of Florida, and shall comply with all
<br /> applicable laws, including, without limitation, all requirements of Chapter 468, Part VI, Florida
<br /> Statutes. Auctioneer shall provide portable restroom facilities at the auction site if permanent
<br /> facilities are not available.
<br /> 3. County's Responsibilities. County shall (i) provide at least 60 days written notice of each
<br /> requested auction, (ii) provide at least 30 days written notice of the items to be auctioned, (iii)
<br /> provide a suitable location for each auction, with adequate restroom facilities, (iv) prepare, publish
<br /> and pay for any required legal notices, and (v) provide certificates of title for all titled personal
<br /> property sold in each auction.
<br /> 4. Reserve Auctions. Notwithstanding any other provision to the contrary, in the event of a reserve
<br /> auction (i) County and Auctioneer shall agree on an advertising budget, (ii) County shall initially
<br /> pay advertising expenses in accordance with the agreed budget, (iii) if a bid is not received in
<br /> excess of the reserve, and therefore the auction does not result in a sale, County shall bear the final
<br /> burden of such advertising expenses without reimbursement or contribution from Auctioneer, and
<br /> (iv) if a bid is received in excess of the reserve, and therefore the auction does result in a sale,
<br /> Auctioneer shall reimburse County for such advertising expenses out of Auctioneer's
<br /> compensation.
<br /> 5. Auctioneer's Compensation. For the services set forth herein, County agrees that Auctioneer
<br /> shall receive a 10% buyer's premium. Specifically, bidders shall be informed that the terms of each
<br /> auction sale shall include payment by the successful bidder of a premium of 10% of the amount of
<br /> Page 1 of 4
<br /> 63
<br />
|