_RFCSP-31-2021_-_Auction_Services_for_Collectable_Action_Figures-Final.pdf

City of Murfreesboro

Request for Competitive Sealed Proposals (RFCSP) for

Auction Services for Collectable Toys/Action Figures

RFCSP-31-2021

ISSUE DATE: JUNE 29, 2021

RESPONSE DUE DATE: JULY 22, 2021

1. Introduction

The City of Murfreesboro, Tennessee is issuing a Request for Competitive Sealed Proposals (RFCSP) from qualified vendors for auction services related to collectable items confiscated by the Police Department.

Competitive Sealed Proposal Process and Schedule

The Competitive Sealed Proposal method is appropriate when qualifications and experience are of particular importance and price is one of several factors used to determine the best service provider. This method requires each participant to submit a proposal based on certain specified elements with knowledge of the factors used to evaluate the proposal and their relative weight.

Those interested in participating in the selection process are afforded the opportunity to pose questions in writing about the RFCSP and services sought before submitting a proposal. After the sealed proposals have been submitted and reviewed, the City may obtain additional information or clarifications including additional “best and final offers” from participants, prior to making its final selection, provided that information from one proposer is not disclosed to another. The City will select a responsible and responsive proposer whose proposal is determined to be most advantageous to the City taking into consideration the evaluation factors.

1.1 Schedule

The City intends to adhere to the schedule below for the selection process. Dates may be adjusted by City as needed.

Pre-bid viewing of items will be July 13, 2021 at 2:00 at Police Headquarters, 1001 N. Highland Ave., Murfreesboro, TN.

No proposals will be accepted after July 22, 2021 at 2:00 P.M. Central Standard Time.

Proposers must submit one (1) digital copy of their proposal via ProcureNow, the City’s e-procurement portal.

Activity Target

Date

RFCSP Issued June 29, 2021

Pre-bid meeting to view items July 13, 2021

Submittal of questions July 16, 2021

Answers to questions July 19, 2021

Proposals submitted July 22, 2021

Finalists notified TBD

Negotiation of contract TBD

City Council action TBD

1.2 Finalist Selection

The City intends to choose one Proposer, but reserves the right to select two or more Proposers from the RFCSP responses to further evaluate as finalists. In the event that the City finds the need to select two or more Proposers, finalists will then be allowed to submit revisions to their proposal to make a last and best final offer. Additional discovery may be performed to assist in selecting the finalist.

The finalist will be selected based on all of the evaluation criteria set forth in Section 7.

2. Contact Information

2.1 Electronic Bidding Required

The City is ONLY accepting electronic bid submissions. Bidders must create a free account with ProcureNow by signing up at https://secure.procurenow.com/signup.

Any inquiries or requests for explanation in regard to the City requirements must be received no later than July 16, 2021 by 2:00 p.m. CST via ProcureNow. No oral interpretation or clarifications will be given as to the meaning of any part of the Request for Competitive Sealed Proposal documents. Prospective proposers desiring further information or interpretations must make requests in writing through the ProcureNow Question/Answer Tab via the City's e- Procurement portal, on or before July 16, 2021 by 2:00 p.m. CST. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders on record as following this solicitation on the City's e-Procurement Portal.

Answers to all inquiries or requests involving substantive matters will be provided in addendum form. Any addenda shall be posted on ProcureNow. Addenda notifications will be emailed to all persons on record as following this RFCSP. Failure of any proposer to receive any such addenda or interpretation shall not relieve such proposer from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents.

2.2. Non-Lobbying Clause

Any supplier or lobbyist for a vendor is prohibited from having any communications concerning this solicitation for a competitive procurement with any City staff member, the Mayor, City Council member, City Manager, Legal Department employee or any City employee except for the designated contact person, Cathy Smith, Purchasing Director. Any Proposer, supplier or lobbyist who violates this provision shall cause their Proposal to be considered not responsive and therefore ineligible for award.

3. Background

The City’s Police Department is seeking proposals to assist with auctioning approximately 3500 individual collectible toys and action figures.

4. Services Requested/Specifications

4.1. General Responsibilities

The Selected Proposer shall propose a plan to provide auction services. A comprehensive list of items to be sold is listed in “Exhibit A – Collectables List” at the end of this RFCSP.

4.2. Functional Requirements

https://secure.procurenow.com/signup

The City needs services to assist with auctioning approximately 3500 collectible items confiscated by the Murfreesboro Police Department. The functional requirements are outlined as follows:

1. Sale of approximately 3500 collectible items.

2. Proposer will submit a plan to remove the auction items from our location to Proposer’s location. It will be the responsibility of the Proposer/auction company to inventory, sell, and ship all items.

3. Bid Proposal should describe details about the course of action the auction company plans to implement, i.e. how they will advertise, breadth of audience, past experience, staff handling the auction, etc.

4. The City prefers the proposer has a licensed auctioneer on staff.

4.3. Cost and fees

The City of Murfreesboro desires transparency concerning all costs and fees proposed. Costs can be itemized or provided as a lump-sum.

4.4. Return of unsold items

As part of the contract, the City of Murfreesboro will require all unsold items to be returned to the possession of Murfreesboro Police Department.

5. City Terms and Conditions

It is important for each Proposer to become familiar with each paragraph within this section, as these paragraphs will prevail in the event of any discrepancies or differences between project-related or contractual documents.

The Proposer must clearly and specifically detail all exceptions to the Terms and Conditions imposed in this section in the transmittal letter that will accompany its RFCSP response.

5.1 Standards

Proposer must affirm that under its employment policies, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Proposer will be required to certify and warrant that it will comply with this policy.

Proposer understands that it shall be a breach of City’s ethical standards policies for any person to offer, give, or agree to give to any City employee or former employee, or for any City employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, evaluation, recommendation, preparation of any part of a requirement or request, influencing the content this RFCSP, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to this RFCSP or any contract or subcontract resulting therefrom.

A breach of these ethical standards may result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor for any City contract.

5.2 Warranties

Proposer warrants it will perform the services in a professional manner according to the standards established in the industry for the type of work to be performed and as outlined herein.

5.3 Indemnification

1) Proposer must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of any Agreement entered, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

2) Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Proposer from any claims arising from any failure, regardless of any language in any attachment or other document that Proposer may provide.

5.4 Terms for Payment

Payment for services delivered will be thirty (30) days from the date of the invoice or as mutually agreed by vendor and City.

5.5 Assignment

The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of any contract award or any or all of its rights, title or interest therein, without prior written consent of the City. Such consent by the City shall not relieve the assignor of liability in the event of default by the assignee.

5.6 Insurance

The successful Proposer shall maintain at least the following commercial insurance policies for the duration of the Contract in the amounts specified:

▪ Workers’ compensation and employer’s liability insurance – Workers’ compensation in compliance with the applicable state and federal laws; employer’s liability with a limit of $1,000,000 per occurrence.

▪ Comprehensive general liability insurance – insurance including blanket contractual, broad form property damage, completed operations, and independent contractor’s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

▪ Technology errors and omissions insurance with minimum coverage of $500,000 per claim. Such insurance policy shall include, at a minimum, coverage for data breach, data loss, and expense reimbursement. In addition, proposer must notify City if the insurance policy is renewed, cancelled, or altered in any manner and provide written documentation of such alteration.

The selected Proposer must provide City with the required insurance certificates and endorsements naming the City as an additional insured on the liability coverages prior to contract execution.

5.7 Scope of Insurance and Special Hazards

The insurance required under the preceding paragraphs shall provide adequate protection for the successful Proposer and any sub-contractors against damage claims that may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the successful Proposer.

5.8 Governing Law and Venue

The contract will be governed by the laws of the State of Tennessee. Venue for any action shall be in the applicable court for Rutherford County, Tennessee.

5.9 Compliance with Laws

The Proposer’s contract shall comply with applicable Federal, State, and Local statutes, rules, and regulations. Proposers shall be approved by the appropriate regulatory authorities, if any, in the State of Tennessee to provide the services herein described.

5.10 Compliance with Iran Divestment Act

By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each proposer is not a person included within the list created pursuant to Tennessee Code Annotated §12-12-106.

6. Guidelines for this Request for Competitive Sealed Proposals Process

6.1 Basis for Proposals

Only information supplied by the City in writing should be used in the preparation of a proposal.

Oral and other interpretations or clarifications shall not be binding. Proposers must acknowledge any subsequently issued addenda by signing and including such documents in the proposal.

6.2 Proposer Terms and Conditions

The Proposer must submit a complete set of any additional terms and conditions that it proposes to have included in contract negotiations with the City with its proposal. City will not accept any contract term limiting Proposer’s liability to the amount of the contract. Additionally, the Proposer must submit any and all documents/agreements City must sign with its proposal.

6.3 Disclosure of Proposals

As a matter of state law, each Proposer’s RFCSP response in its entirety will become a public record upon the release of the City staff’s recommendation to City Council. The content of any proposal will not be disclosed to other Proposers during the selection process.

6.4 Late Proposals

Proposals must be received via the procurement portal ProcureNow on or before the published proposal due date and time. Any proposal received after the time and date set for receipt of proposals will be late and, at the discretion of City, may not be considered.

6.5 Signing of Proposals

The submission and signature of a proposal shall indicate the intention of the Proposer to adhere to the provisions described in this RFCSP and therefore must be signed by a representative with the authority to do so.

6.6 Cost of Proposal

This RFCSP does not commit the City to pay any costs incurred by any Proposer in preparation and/or submission of a proposal or for procuring or contracting for the items to be furnished under the RFCSP. All costs directly or indirectly related to responding to this RFCSP (including all costs incurred in supplementary documentation or on-site interviews) until contract execution will be borne by the Proposer.

6.7 Conflict of Interest, Non-Collusion and Anti-Lobbying

The Proposer promises that its officers, employees or agents will not attempt to lobby or influence a vote or recommendation related to the firm’s proposal, directly or indirectly, through any contact with City Council members or City employees between the release of this RFCSP and award of contract by City and that there will be no collusion and no conflict of interest.

6.8 Ownership of Proposals

All documents submitted in response to this RFCSP shall become the property of City.

6.9 Disqualification or Rejection of Proposals

Proposers may be disqualified for any of the following reasons:

• There is reason to believe that collusion exists between or among two or more Proposers;

• The Proposer is in arrears on an existing City contract or has defaulted on a previous City contract;

• The Proposer lacks financial stability;

• The Proposer has failed to perform under a previous or current City contract;

• The Proposer has failed to adhere to one or more of the provisions established in this RFCSP;

• The Proposer has failed to submit its proposal in the format specified herein;

• The Proposer has failed to submit its proposal on or before the deadline established herein; or

• The Proposer has failed to adhere to generally accepted ethical and professional principles during the proposal process.

6.10 Right to Waive Irregularities

Proposals shall be considered irregular if they show any omissions, alterations of form, additions, conditions not called for, or irregularities of any kind.

The City reserves the right to waive irregularities. The City also reserves the right to waive any mandatory requirement provided that all proposals failed to meet the same mandatory requirement, and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of City.

6.11 Withdrawal of Proposals

Proposals may be withdrawn through the City’s e-Procurement Portal, ProcureNow. The responding firm may “unsubmit” their proposal in ProcureNow. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time prior to the deadline for submitting proposals if received by the City prior to the exact hour and date specified for receipt of proposals.

6.12 Amendment of Proposals

A Proposer must submit any amended proposal before the deadline for receipt of proposals. Such amended proposal must be a complete replacement of a previously submitted response and must be clearly identified as such in the transmittal letter. City will not merge, collate, or assemble proposal materials.

6.13 Proposal as Firm Offer

Responses to this RFCSP, including cost, will be considered firm for one hundred twenty (120) days after the due date for receipt of response or receipt of the last best and final offer submitted.

All proposals must include a statement to that effect.

6.14 Exceptions to RFCSP

It is extremely important that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of City’s specifications must be clearly identified as such, together with reasons for taking exception, and inserted into the proposal response. If the Proposer does not make clear that an exception is being taken, City will assume the proposal response is responding to and will meet the specifications as written.

Where the Proposer does not agree with City’s terms and conditions, the proposal must enumerate the specific clauses that the Proposer wishes to amend or delete and suggest alternative wording. Any minimum terms that City will have to agree to in order to enter into a contract with the Proposer and any item the Proposer considers to be a mandatory term must be submitted with the RFCSP response.

6.15 Consideration of Proposals

Discussions may be conducted with responsible Proposers for the purpose of clarification to assure full understanding of the proposal. In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Proposers. Until the City awards the contract, it reserves the right to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered in the best interest of City.

6.16 Termination

The City reserves the right to cancel this RFCSP at any time. City reserves the right to reject any or all proposals submitted in response to this RFCSP.

6.17 Taxes

Proposer will be responsible for the payment of any applicable tax on the services it will provide.

Proposers will include in its fee proposal all applicable local, City, state, and federal taxes. Auction sales are subject to Tennessee sales tax. Proposer must agree to collect all required taxes and submit such taxes to the state as required by law.

6.18 Award of Contract

The City reserves the right to withhold final action on the RFCSP for a reasonable time, not to exceed one hundred and twenty (120) days after the date of submitting proposals, and in no event will an award be made until further investigations have been made as to the responsibility of the proposed Proposer. The award of the contract, if an award is made, will be to the most responsible and responsive Proposer whose proposal meets the requirements and criteria set forth in the Request for Competitive Sealed Proposals and whose contract terms are acceptable to City. City reserves the right to abandon, without obligation to the Proposer, any part of the project, or the entire project, at any time before the successful Proposer begins any work authorized by City.

The award of the contract shall not become effective until the contract has been executed by the successful Proposer and City.

6.19 Appeal Process

Each Proposer shall be notified of the Proposer selected for recommendation to the City Council before the proposed City Council action. A protest by an aggrieved Proposer who is not selected will be heard by the City Council if filed with the City Council, through the City Recorder, within seven (7) days after the intended award is announced. Any issue raised by the protesting party after the seven-day period shall not be considered as part of the protest. The City Council may stay an award due to a pending protest without financial or other obligation to the Proposer recommended to the Council. The City Council may, by resolution, adopt rules and procedures applicable to protests.

6.20 Execution of Contract

The City shall authorize award of the contract to the successful Proposer. City will require the successful Proposer to sign the necessary documents entering into the required contract with City within ten (10) days of receipt and to provide the necessary evidence of insurance as required under the contract.

No contract for this project may be signed by the City without the authorization of the City Council. No contract shall be binding on City until it has been approved as to form by the City Attorney and approved and executed by the Mayor or designee.

6.21 Auditable Records

The successful proposer must be prepared to maintain accounts and records in connection with its performance of services for City as reasonably required. The Proposer must afford City agents or auditors reasonable facilities and access for the examination and audit of its records pertaining to its performance. The records may be examined at any reasonable time during the term and for a period of three years following the completion of work under any contract. Upon request by the City, winning Proposer shall be able to produce and exhibit all such records as requested. Records must be available within an office environment located not more than a 45 minutes’ drive from the City’s local office or the reasonable expenses incurred to access the records must be borne by successful proposer.

6.22 Miscellaneous

The City reserves the right to cancel this RFCSP and contract under a separate process. The selected proposer will be required to contract with the City and all contract terms are subject to negotiations after the selection is made. The City may contract with any other proposer without renewing the RFCSP in the event the City and selected proposer are unable to mutually agree upon a contract for the desired services. Nothing herein may be taken as a commitment by the City upon which any proposer may act in reliance. All costs incurred in preparing a response are to be borne solely by each proposer.

NOTE: All responses are subject to public disclosure in accordance with the Tennessee Public Records Law. In the event a proposer desires to share proprietary or confidential information, arrangements must be made with the City prior to disclosure of that information to any person or agent of the City.

7. Evaluation Criteria

Proposals will be weighted based on the following:

Functional Area % of Assessment

Cost Proposal (includes all costs and commissions)

60%

Firm’s Course of Action Plan 20%

Firm’s Experience/Qualifications 20%

Total 100%

8. RFCSP Requirements and Format

Please use the following format to structure your RFCSP response. Your response should include each section detailed in the following description in the order presented. The detail represents the items that are to be covered in each section of your response. Failure to follow the directions or to address all items will impact the evaluation. Failure to address a significant portion of the items may classify the response as non-responsive and preclude it from further consideration.

The number of pages in the RFCSP response cannot exceed 35 pages. Appendices will not be counted as part of the 35-page limit. Resumes and marketing material may be included and will not be counted towards the 35-page limit; however, this information must be in its own section at the back of the RFCSP response. All responses must be submitted via ProcureNow.

8.1 Cover Page and Table of Contents

Cover Page and Table of Contents should include:

Name of proposing company, address, telephone number(s) Name, title, and email of contact person Date of Proposal Table of contents-should clearly identify material by section and page number

8.2 Proposal

1) Proposer Profile: The Proposer will provide a description of its organization and any other firms who will be providing products or services through a subcontracting arrangement with the Proposer.

2) Qualifications: Proposer’s qualifications to perform the services requested that will also address the evaluative criteria.

3) Experience: Please describe your organization’s experience in providing similar services.

Identify and briefly describe any pending criminal or civil suits brought against the Proposer, or suits which have resulted in an adverse judgment or settlement within the past five (5) years, arising out of Proposer’s inability to complete similar services and projects.

4) References: Please provide references for at least three organizations for whom Proposer is or has provided similar services. Identify any public sector experience in Tennessee.

5) Key Personnel: Identify and provide a brief professional resume of the key personnel anticipated to be used to provide the services sought.

6) City’s responsibilities: Identify and briefly describe the role and responsibilities Proposer would expect City to perform in achieving delivery of the requested services.

8.3 Submittal

All Proposals should be submitted via the City’s e-Procurement Portal, ProcureNow.

All Proposals must be submitted by 2:00 p.m. CST, July 22, 2021. All proposals will be opened at that time via Zoom in the Purchasing Office, 111 West Vine Street, Murfreesboro.

Exhibit A: “Collectables List”

Description Quantity

Small Star Wars Figurines - Saga Collection 234

Small Star Wars Figurines - The Legacy Collection 136

Small Star Wars Figurines - Revenge of the Sith 129

Star Wars Titanium Series Die Cast Figurines 76

Transformers Figurines w Cassette Tapes 24

GI Joe Battle Corps 20

Batman & Robin Small Action Figure 13

Star Wars - Lego Magnet 141 iBuyPower Trace MR BB970 Computer CPU 1

GI Joe 25th Anniversary Action Figure 139

Star Wars: The Black Series Rogue One Action Figure 68

Star Wars The Force Awakens Figure 11

Star Wars Rogue One Action Figure 2

Star Wars - Lego Magnet 121

Lord of the Rings The Two Towers Action Figures 31

Lord of the Rings: Mount Doom Gift Pack 1

Star Wars Holiday Ornaments 72

Lord of the Rings: Large Fully Posable Action Figure 11

Lord of the Rings: Deluxe Posable Action Figure 1

Lord of the Rings: 11" Deluxe Posable Figure 6

Lord of the Rings: Gift Packs 2

Star Wars: The Black Series Rogue One Action Figure 25

Star Wars: The Black Series Rogue One Action Figure 21

Lord of the Rings : Armored Troll 1

Lord of the Rings: Deluxe Horse and Rider Set 3

Lord of the Rings: Battle Scenes 2

Lord of the Rings: There and Back Again Collection Set 1

Lord of the Rings: Two Towers - Heroes of Middle Earth Gift Pack 1

Star Wars: Evolutions 13

Star Wars: Battle Packs 5

Star Wars: Legacy Collections 2

Star Wars: Commando Squad 1

Star Wars: Ultimate Light Saber 1

Star Wars: Battle Packs 13

Narnia: Lucy's Christmas Gifts 1

Star Wars: Battlefront II Droid Pack 1

Star Wars: The Saga Droid Pack 2

Star Wars: Battlepacks 2

Star Wars: Jedi-Con 2004 1

Star Wars: Rebel Transport Speeder 1

Star Wars: Mos Eisley Cantina 1

Star Wars: Battlepacks 6

Lord of the Rings: Middle Earth Gift Pack 1

Star Wars: Battlepacks 8

Star Wars: Battle Over Endor Battle Packs 2

Star Wars: Rise of Darth Vader Action Figure 1

Star Wars: Force Unleased Action Figures 1

Star Wars: Jedi Training Academy Action Figures 1

Star Wars: Jokers Squad Figures 1

Star Wars: Death Star Briefing Action Figures 1

Star Wars: Sector 2 Security Figures 2

Star Wars: Cantina Showdown Action Figures 1

Star Wars: The Black Series Rogue One Action Figure 3

Star Wars: The Clone Wars Droid Attack on The Coronet 1

Misc. Unknown Action Figures 10

Star Wars: Legacy Collection Action Figure 1

Misc. DVDs in Unopened Cases 211

Misc. DVDs in Unopened Cases 51

Fast & Furious 8 Movie DVD Collection 59

Lord of the Rings: Roan Footsoldier 1

Transformers: Sieges War for Cybertron Trilogy 1

Star Wars: Jocasta Nu Action Figure in Box 9

Misc. DVDs in Unopened Cases 51

Star Wars: Collectors Series Figures 15

Star Wars: Action Collection Figures 3

Star Wars: Travel Agency Figures 1

Star Wars: Ambush at Star Tours 1

Star Wars: The Black Series Rogue One Action Figure 4

Star Wars: Series Alpha Vehicle 1

Star Wars: Action Fleet Figures 2

Star Wars: Action Fleet - Electronic Powered Toys 8

Star Wars: Skywalker Saga - Gold Figures 9

Star Wars: Lego Magnets 4

The Heart of Classic Rock CD - Set of 5 8

Harry Potter Complete 8 Film Collection DVDs 51

Star Wars: Homestead 1

Star Wars: Scout Walker Vehicle 2

Star Wars: Boba Fett's Slave I 1

Star Wars: Swamp Speeder 1

Star Wars: Elite Tie Interceptor 1

Star Wars: Clone Pack 1

Star Wars: Search For Luke Skywalker 1 1

Star Wars: Luke Skywalker Large Action Figure 1

Pop! Heroes Figurines 41

Lord of the Rings: Deluxe Gift Pack 1

Lord of the Rings: Gift Pack 1

Lord of the Rings: Kings of Middle Earth Set 1

Star Wars: Obi Wan Kenobi Large Figure 1

Star Wars: Republic Gun Ship 1

Star Wars: Skywalker Saga - Gold Figures 18

Star Wars: Jedi Starfighter 1

Star Wars: Action Collection - Large Figures 9

Transformers: Sieges War for Cybertron Trilogy 2

Transformers: Studio Series Figures 4

Star Wars: Ultimate Bounty Figures 1

Star Wars: Biker Scout Figure 1

Star Wars: Galactic Heroes Figures 2

GI Joe: Cobra Stinger 1

GI Joe: Cobra Hiss 1

GI Joe: Danger at the Docks Figures 1

Star Wars: Darth's Vader’s Tie Advanced Starfighter 1

Toy Gun 1

Star Wars: Collectors Series Figures 1

Star Wars: Flash Speeder 1

Star Wars: The Black Series Droids 1

Star Wars: Hans Solo and Taun Taun 1

Star Wars: Unleashed Figure 3

Star Wars: Attack of the Clone Figures 17

Star Wars: Action Fleet Figures 13

Star Wars: Revenge of the Sith Action Figure 2

Star Wars: Yoda Figure 1

Star Wars: Ultimate Villain 1

Star Wars: Tattooing Skiff 1

Lord of the Rings: Misc. Action Figures 40

Star Wars: B-Wing Fighter Vehicle 1

Star Wars: X-Wing Fighter 1 1

Star Wars: X-Wing Fighter Electronic 2

Star Wars: Poe's X-Wing Fighter 1

Star Wars: Battle Packs 9

Star Wars: Action Fleets 7

Star Wars: Battle Over Endor Battle Packs 2

Star Wars: Light Sabers 5

Star Wars: The Black Series Rogue One Action Figure 28

Star Wars: Battle Packs 18

Verlinden Production: Military Models 18

Star Wars: Ralph McQuarrie 1

Star Wars: Battle Pack 2

Star Wars: Battle Over Endor Battle Packs 2

Star Wars: Search for the Rebel Spy 2

Star Wars: Yavin Pilot Pack 1

Star Wars: Ewok Pack 1

Star Wars: Evolutions 3

Star Wars: Sector 2 Security Figures 2

Star Wars: Boarding Party 1

Star Wars: Collectible Figures 1

Lord of the Rings: The Return of the King - Frodo 1

Star Wars: Episode 1 Action Fleet 2

Lord of the Rings: Misc. Action Figures 30

Star Wars: Snowspeeder 1

Star Wars: The Clone Wars Ships 5

Star Wars: Tie Fighter 1

Star Wars: Jango Fet's Slave One 1

Star Wars: Jedi Starfighter 1

Star Wars: Vulture Droid 1

Star Wars: Action Fleet 2

Star Wars: The Black Series - Dewback Sandtrooper 2

Star Wars: DVD 12 Disc Set 16

Misc. Disney DVD's in Unopened Cases 21

Legos: Star Wars 6

Legos: Adventure Time 1

Legos: Marvel 2

Legos: DC 2

Pirates of the Caribbean: Ship Play Set 2

Star Wars: Millennium Falcon 1

Star Wars: Endor At-At 1

Star Wars: Clone Wars - Vehicles 3

GI Joe: Action Figures 22

Star Wars: Emperor Palpatine 1

Star Wars: Endor At-At 1

GI Joe: Headquarters Command Center 1

Star Wars: Millennium Falcon 1

Godzilla 1

Star Wars: Multi Troop Transport 1

Star Wars: Droid Factory - Sandcrawler Playset 1

Star Wars: Millennium Falcon - Electronic 1

Star Wars: Darth Maul Statue 1

Star Wars: Battle of Hoth 1

Star Wars: Battle of Endor 1

Star Wars: Millennium Falcon 1

Star Wars: Diecast Models 10

Star Wars: Remote Controlled Vehicles 3

Star Wars: Legacy Collection 2

Star Wars: Legacy Collection Imperial Tie Fighter 1

Star Wars: Republic Gun Ship 1

Star Wars: Luke Skywalker X-Wing Fighter 1

Star Wars: Blaster Rifle 2

Star Wars: Theed Hanger Playset 1

Star Wars: Attack on Hoth 1

Star Wars: X-Wing Fighter 1

Star Wars: Clone Wars - AV7 Mobile Cannon 1

Star Wars: Tatooine Skiff 1

Star Wars: Darth Vader Tie Fighter 1

Star Wars: The Black Series Action Figures 1

Star Wars: Super Shogun Boba Fett-Empire Version 1

Star Wars: Imperial At-At Walker 1

Star Wars: Y-Wing Fighter 1

Star Wars: Republic Gun Ship 1

Star Wars: Trade Federation Tank 1

Star Wars: Action Figures 12

Robin Hood Net Launcher 1

Star Wars: 12 Disk DVD Set 33

Star Wars: Clone Wars DVD Set - Seasons 1-5 & Lost Mission 1

Star Wars: Graded Trading Cards 109

Star Wars: Misc. DVD - Unopened 70

GI Joe: Cobra Stinger 1

GI Joe: Wolf Hound 1

GI Joe: Cobra Fury 1

GI Joe: Rockslide ATAV 1

GI Joe: Desert Rockslide ATAV 1

GI Joe: Polar Sharc Submarine 1

GI Joe: Cycle Armor 1

GI Joe: Senior Ranking Officer 1

GI Joe: Black Dragon 1

Assorted Action Figures in Ziplock Bags 110

Star Wars: Hoth Wampa - 22" posable figure 1

Star Wars: Power of the Jedi Action Collection 2

Star Wars: Emperor Palpatine 1

Star Wars: Jedi Luke Skywalker and Bib Fortuna 1

Star Wars: Grand Moff Tarkin & Imperial Gunner 1

Star Wars: Episode 1 - TC 14 1

Star Wars: Speeder Bike with Luke Skywalker 1

Star Wars: Princess Leia on Speeder Bike 1

Lord of the Rings: Misc. Action Figures 35

Star Wars: Black Series Action Figures 7

Stars Wars: Yoda Action Figure 1

Star Wars: 501st Legion Attack Drop Ship 1

Star Wars: Landspeeder 1

Madden Ultimate Team Series: Tom Brady 1

Star Wars: Jawas 1

Star Wars: Jabba the Hut 1

GI Joe: Conquest of Cobra Mountain 1

Star Wars: Mini Action Figure Collectors Case 1

Star Wars: Back of Action Figure Cases - No Figures 75

Star Wars: Misc. Action Figures 75

Star Wars: AT-RT Assault Squat 1

Star Wars: Clone Trooper Deluxe Collectible Bust 1

Star Wars: Princess Leia 1

Star Wars: Mara Jade Collectible Bust 1

Star Wars: Airborne Trooper Collectible Mini Bust 1

Star Wars: Jango Fet Action Figure 2

Star Wars: Droid Tri-Fighter 1

Star Wars: Tie Fighter 1

Star Wars: Ahsoka Tano 1

Star Wars: Republic Assault Submarine 1

Star Wars: Jango Fet 1

Star Wars: Hoth Battle 1

Star Wars: Imperial Assault Carrier 1

Star Wars: Ultimate Villain 1

Star Wars: Death Star Briefing Action Figures 1

Star Wars: Max Rebo Band Paris 1

Star Wars: Obi Wan Kenobi 1

Star Wars: Gunner Station 1

Star Wars: Carbon Freezing Chamber 1

Star Wars: AT-RT Walker 1

Star Wars: Gunner Station 1

Transformers: Siege War for Cybercrime 1

GI Joe: James Grand Slam Barney 1

Star Wars: Battle Pack 1

Star Wars: Figures and Cup 6

Star Wars: Trade Federation Drone Fighters 1

Star Wars Rebels: The Phantom Attack Shuttle 1

Star Wars: Boxes of Figures 6

Star Wars: Landspeeder 1

Star Wars: Disturbance in the Force Figure 1

Star Wars: ATRT 1

Star Wars: Galactic Heroes Figure 1

Star Wars: Black Series Action Figures 1

Star Wars: The Force Awakens Millennium Falcon 3

Star Wars: The Clone Wars ARC-170 Fighter 6

Star Wars: Revenge of the Sith Ship 2

Star Wars: Return of the Jedi Y-Wing Fighter 3

Star Wars: Tie Fighter 2

Star Wars: Darth Vader Tie Fighter 2

Star Wars: The Max Rebo Band 2

Star Wars: Elite Series Deluxe Gift Set 7

Star Wars: Luke Skywalker Jedi Knights 2

Star Wars: Celebration 3 2

Star Wars Misc. Bags 4

Star Wars: The Power of the Force X-Wing Fighter 2

Star Wars: Boba Fett's Slave I Space Ship 2

GI Joe Wolfhound Vehicle 1

GI Joe Cobra Hiss Tank 1

GI Joe Rock Slide 1

GI Joe Hiss Attack Scout 1

GI Joe Air Assault Glider 1

GI Joe Black Dragon Trooper 1

GI Joe Stinger Raider 1

Marvel Thanos Figure 1

Star Wars: Clone Commander 5

Marvel Avengers Power Gauntlet 1

Star Wars: B-Wing Fighter Vehicle 2

Star Wars: Jocasta Action Figures 12

Star Wars: B-Wing Fighter Vehicle 3

GI Joe: Desert Duel 1

GI Joe: Silent Strike 1

Star Wars: ARG-170 Fighter 3

Star Wars: Luke Skywalker X-Wing Fighter 1

Star Wars: Power of the Force Electronic X-Wing Fighter 2

Star Wars: Jedi Starfighter 2

Star Wars: At-St 2

Star Wars: X-wing Fighter 1

Star Wars: Titanium Die Cast 2

Star Wars: Sandcrawler Playset 1

Star Wars: The Black Series Battle on Endor 2

Star Wars: Misc. figures 5

Star Wars: Tie Fighter 2

Star Wars: Speeder Bike with Scout 1

Star Wars: Tusken Raider 1

Star Wars: Coruscant Clone Trooper 1

Star Wars: Jabba the Hut 1

Star Wars: Princess Leia Organa 1

Star Wars: Holographic Darth Maul 1

Star Wars: Holographic Darth Vadar 1

Star Wars: Arc collector statue Princess Leia 1

Star Wars: Animated CP-30 2

Star Wars: Revenge of the Sith collectable sculpture 1 Star Wars: Mini Bust (Two Leia, One Republic Commando, One Darth Malgus 4 Star Wars: Clone Trooper, Coruscant Clone Trooper, Luke Skywalker, Speederbike, Darth Vadar 5 Star Wars: Boba Fett Cloud City, Boba Fett animated, General Grievous, Clone Trooper 5 Star Wars: Battle Packs (Two Bantha with Tusken Raiders, One Battle Rancor) 3

Star Wars: Republic Gun Ship 1

Star Wars: Millennium Falcon 1

Star Wars: Anakin's Jedi Starfighter 1

Star Wars: Rebel Command Center 1

Star Wars: Battle Packs 21

Star Wars: Commemorative Tin Collection 7

Transformers: Siege Figures 5

GI Joe: Sky Patrol Sky Striker 1

Transformers: Megatron 2

Star Wars: Action Figures 97

Star Wars: At-Rt 1

Star Wars: 30th Annual Anniversary Coin Album 1

Star Wars: Barc Speeder 1

Star Wars: Tie Interceptors 2

Star Wars: X-wing Fighter 2

Star Wars: Yoda Figures 3

Star Wars: Unleashed Figures 2

Star Wars: Jumbo Han Solo 1

Star Wars: Jumbo Luke Skywalker 1

Star Wars: Jumbo R2-D2 1

Star Wars: Jumbo CP-30 1

Star Wars: Naboo Hangar 1

Star Wars: A-Wing Fighter 1

Star Wars: The Black Series Imperial At-St 2

Star Wars: Scout Walker Vehicle 2

Star Wars: At-St 2

Star Wars: Shock Trooper 1

Star Wars: Clone Trooper 1

Star Wars: Tie Interceptor 1

Star Wars: Republic Gun Ship 1

Star Wars: Epic Ship 1

Star Wars: First Order Tie Fighter 5

Star Wars: Oola and Salacios Crumb 1

Star Wars: Stormtrooper 1

Star Wars: Wuher 1

Star Wars: Max Rebo Band Paris 2

Star Wars: Hem Dazon 1

Star Wars: Admiral Motti 1

Star Wars: Misc. Action Figures 1

GI Joe: 87 Falcon 1

GI Joe: 84 Ripcord 1

GI Joe: 89 Stalker 1

GI Joe: Misc. Action Figure 2

Star Wars: Darth Vader Anakin Reveal 1

GI Joe: Serpentor 1

Marvel: Crossbones Sixth Scale Figure 1

Star Wars: Jabba the Hut's environment 1

Star Wars: Armored Scout Tank 2

Star Wars: Hailfire Droid 2

Star Wars: Han Solo figures 2

Star Wars: Han Solo Unleashed 1

Star Wars: A-Wing Fighter 1

Star Wars: Snowspeeder 1

Star Wars: Darth Vadar Gumball Dispenser 1

Star Wars: Mr. Potato Head Spudafett 1

Star Wars: Aayla Secura Jedi Starfighter 1

Chronicles of Naria: Peter on the Unicorn 1

Chronicles of Naria: Mr. Tummus Design Maquette 1

Chronicles of Naria: The White Witch 1

Star Wars: Mos Eisley Cantina 2

Star Wars: Clone Trooper 2

Star Wars: Action Figure Set 1

Star Wars: BB-8 2-In-1 Playset 1

Star Wars: Elite Series 3

Star Wars: Padme Am1dala 1

Star Wars: The Battle of Hoth 1

Star Wars: Fambaa figure 1

Star Wars: Mace Windu 1

Star Wars: Legendary Yoda 1

Star Wars: Early Bird Certificate Package 2

Star Wars: Misc. Action Figures 1

Star Wars: Electronic Royal Starship 1

Davy Crocket Wilderness Set 1

Star Wars: Rebel Transport Speeder 1

Star Wars: Snowtrooper Battalion 1

Star Wars: Battle of Hoth 1

Star Wars: Jedi Warriors 2

Star Wars: Hoth Battle 1

Star Wars: Episode III Collection 3

Star Wars: Luke Skywalker and Yoda 1

Star Wars: Darth Vadar with Incinerator Troopers 1

Star Wars: Trilogy Action Figure set 1

Star Wars: Episode IV Action Figure set 1

Star Wars: Clone Wars Action Figure set 3

Star Wars: Episode V Action Figure set 1

Star Wars: The Force Unleashed Action Figure set 1

Star Wars: Ultimate Bounty Figures 3

Star Wars: Endor Ambush Action Figure set 2

Star Wars: Battle of Hoth 2

Star Wars: Turbo Tank 1

Star Wars: Support Squad 1

Star Wars: Speeder Bike 1

Star Wars: At-Rt 1

Star Wars: Y-wing Scout Bomber 1

Star Wars: Attack Recon Fighter 1

Star Wars: Sith Speeders 2

Harry Potter Complete 8 Film Collection DVDs 59

Star Wars: Sand Crawler 2

Star Wars: Slave I 1

Star Wars: Rebels 1

Star Wars: Galactic Heroes - Assault on the Death Star 1

Star Wars: Mos Eisley Cantina 1

Masters of the Universe: Star Sisters 1

Star Wars: Tie Fighter 2

Star Wars: Fambaa with Shield Generator and Gungan Warrior 2

Star Wars: Jumbo Action Figures w Coin - Greedo 4

Star Wars: Action Figures 11

Star Wars: The Battle of Endor 1

Star Wars: Lego Set 75248 - Jamie Russell 1

Star Wars: Lego Set Pasaana Speeder Chase - Amy Mischnick 1

Star Wars: Lego Set At-St Raider - Daniel Ruble 1

Star Wars: Tie Bomber 1

Star Wars: Darth Vader's Tie Fighter 1

Star Wars: Titanium Die Cast 1

Star Wars: Shadow Troopers 1

Star Wars: Max Rebo Band Paris 2

Star Wars: Droid Attack on the Coronet 1

Star Wars: Millenium Falcon 1

Masters of the Universe:Castle Grayskull 1

Star Wars: Trilogy Action Figure set 1

Star Wars: Episode 3 Action Figure Set 1

Star Wars: Episode 4 Action Figure Set 2

Star Wars: Clone Wars Action Figure set 2

Star Wars: Clone Troopers Action Figure Set 1

Star Wars: Deluxe Probe Droid 1

Star Wars: The Clone Wars Snowspeeder 3

Star Wars: Legacy Pack 1

Star Wars: Luke Skywalker and Wampa 1

Star Wars: Supreme Leader Snoke 1

Star Wars: First Order Stormtroopers 1

Star Wars: Luke Skywalker and Princess Leia 1

Star Wars: Dadath Maul 1

Star Wars: Diecast Medal 1

Stars Wars: Darth Maul and Qui-Gon Jinn 1

Star Wars: Princess Leia keychain 1

Star Wars: Lego Magnets 1

Transformers Figurines w Cassette Tapes 1

Star Wars: Legacy Collection Figures 4

Star Wars: Galactic Heroes Battle on Kashyyyk 1

Star Wars: The Max Rebo Band 1

Star Wars: Battle Packs Unleased Evacuation at Echo Base 1

Star Wars: Battle Packs Unleased Snowspeed Assault 1

Star Wars: Unleased Shock Troopers 1

Star Wars: Imperial Dogfight 1

Star Wars: Power of the Jedi 1

Star Wars: Droid Gunship 1

Star Wars: AV-7 Mobile Cannon 1

Star Wars: Grievous Wheelbike 1

Star Wars: Clone Trooper Deluxe Collectible Bust 1

Star Wars: Jedi Starfighter 1

Star Wars: Armored Assault Tank 1

Star Wars: Tie Fighter 1

Star Wars: Tie Advanced x1 Starfighter 1

Star Wars: Jedi Starfighter 1

Star Wars: Anakin Skywalker Figurine 2

Star Wars: Obi-wan Kenobi Figurine 1

Star Wars: Large Chewbacca 1

Star Wars: Escape from Mos Eisley set 1

Star Wars: Hyperspace Ring 1

Star Wars: Rebel Heros Battle Pack 1

Star Wars: Ewok Pack 1

GI Joe: RHINO 1

Star Wars: Ammo Wagon and Falumpaset 1

Star Wars: Death Star Trench Run Set 1

Agreement for

Auction Services for Collectable Toys/Action Figures

This Agreement is entered into and effective as of the ____ day of _______ 2021, by and between the City of Murfreesboro, a municipal corporation of the State of Tennessee (the

"City"), and __________________, a ___________________ of the State of ____________

(“Contractor”).

This Agreement consists of the following documents:

• This document

• RFCSP-31-2021 issued June 29, 2021 (the “Solicitation”);

• Contractor’s Proposal, dated ______________ (“Contractor’s Proposal”);

• Contractor’s Price Proposal, dated _____________ (the “Price Proposal”); and,

• Any properly executed amendments to this Agreement.

In the event of conflicting provisions, all documents will be construed according to the following priorities:

• First, any properly executed amendment or change order to this Agreement (most recent amendment or change order given first priority);

• Second, this Agreement;

• Third, the Solicitation; and

• Lastly, Contractor’s Proposal.

1. Duties and Responsibilities of Contractor. Contractor agrees to provide, and City agrees to purchase auction services for sale of collectable toys/action figures confiscated by the Murfreesboro Police Department in accordance with the Solicitation, Contractor’s

Proposal, and Price Proposal.

2. Term. The term of this Contract shall be from ___________________, 2021 (the

“Effective Date”) to _______________. Contractor's performance may be terminated in whole or in part:

a. Upon 30-day prior notice, for the convenience of the City.

b. For the convenience of Contractor, provided that Contractor notifies the City in writing of its intent to terminate under this paragraph at least 30 days prior to the effective date of the termination.

c. For cause, by either party where the other party fails in any material way to perform its obligations under this Agreement. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to remedy the problem within 15 days after receiving the notice.

d. Should Contractor fail to fulfill in a timely and proper manner its obligations under this Agreement or if it should violate any of the terms of this Agreement, the City has the right to immediately terminate the Agreement. Such termination does not relieve Contractor of any liability to the City for damages sustained by virtue of any breach by Contractor.

e. Should the appropriation for Contractor’s work be withdrawn or modified, the

City has the right to terminate the Agreement immediately upon written notice to

Contractor.

3. Price; Compensation; Method of Payment. The price for the goods and other items to be provided under this Agreement is set forth in the Price Proposal. Any compensation due Contractor under the Agreement shall be made upon submittal of an invoice after delivery and acceptance of the goods and/or services which each payment represents. The

City agrees to pay Contractor after goods and/or services have been received, accepted, and properly invoiced as indicated in the Agreement and/or purchase order. Invoices must bear the purchase order number. Final payment shall not be made until after performance is complete.

4. Taxes. The City of Murfreesboro is exempt from State sales tax and will issue a tax exemption certificate to the Contractor as requested. City shall not be responsible for any taxes that are imposed on Contractor. Furthermore, Contractor understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to City. Auction sales are subject to Tennessee sales tax. Contractor must agree to collect all required taxes and submit such taxes to the state as required by law.

5. Work Product. Except as otherwise provided herein, all data, documents and materials produced and provided by Contractor under this Agreement are the property of the City, which retains the exclusive right to publish, disclose, distribute and otherwise use, in whole or in part, any such data, documents or other materials. Any of the City’s property, including but not limited to books, records and equipment, that is in Contractor's possession must be maintained in good condition and repair and returned to the City by

Contractor at the end of this Agreement.

6. Insurance. During the term of this Agreement, Contractor must maintain comprehensive general liability insurance with limits of not less than $1,000,000, as well as automotive and workers’ compensation insurance policies. Contractor will provide to the City: (i) a standard certificate of insurance evidencing this coverage prior to commencement of work and upon renewal or expiration of the policies reflected thereupon, (2) upon request, an endorsement naming the City as additional insured under the terms of the policy as follows: “The City of Murfreesboro, Tennessee, its officers, employees, contractors, consultants, and agents.”

7. Indemnification.

a. Contractor must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

b. Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

c. Copyright, Trademark, Service Mark, or Patent Infringement.

i. Contractor, at its own expense, is entitled to and has the duty to defend any suit which may be brought against the City to the extent that it is based on a claim that the products or services furnished infringe a copyright, Trademark, Service Mark, or patent. Contractor will indemnify, defend, and hold harmless the City against any award of damages and costs made against the City. The City will provide

Contractor immediate notice in writing of the existence of such claim and full right and opportunity to conduct the defense thereof, together with all available information and reasonable cooperation, assistance and authority from the City in order to enable Contractor to do so. The City reserves the right to participate in the defense of any such action.

Contractor has the right to enter into negotiations for and the right to effect settlement or compromise of any such action provided (i) any amounts due to effectuate fully the settlement are immediate due and payable and paid by Contractor; (ii) no cost or expense whatsoever accrues to the City at any time; and (iii) such settlement or compromise is binding upon the City upon approval by the Murfreesboro City

Council.

ii.…