The URL can be used to link to this page

Res No 058-11-13372RESOLUTION NO: 58-11-13372 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a contract agreement with PropertyRoom.com, Inc. for auctioning of surplus municipal property; and providing for an effective date. Whereas, the departments within the city, at times, hold surplus items of value that are eligible for auction; and Whereas, these items may deteriorate and /or decrease in value while awaiting a traditional on site City auction; and Whereas, PropertyRoom.com, Inc. is a national company that has multiple programs, which include pick up actionable items from the City on scheduled pick up dates, and offers them for auction on the internet. Whereas, the proceeds paid to the City will vary depending upon the auction program chosen, which consists of Portables Auction Program, Gold Auction Service and Platinum Auto Auction Service; and Whereas, This Agreement will become effective as of the start date and will continue for an initial term of one (1) year following the launch date, and will automatically renew for consecutive one (1) year terms, for a maximum of 5- years, unless written notice of non - renewal is provided by either party to the other at least sixty (60) days prior to the expiration of the then current term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the contract agreement with PropertyRoom.com, Inc. for auctioning of surplus municipal property. Section 2: This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 4th day of April , 2011. ATTEST: CITY CLERK APPROVED: P q 7 rfAj. 4"j- MAYOR Pg. 2 of Res. No. 58 -11 -13372 COMMISSION VOTE: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: absent Commissioner Harris: Yea South Miami pUMWicaGitY CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM goat To: The Honorable Mayor & Members of the Cityl9pmmission Via: Hector Mirabile, PhD, City Manager From: Alfredo Riverol, CPA, Cr.FA, Chief R ancial Officer Date: April 04, 2011 Agenda Item No.: Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a contract agreement with PropertyRoom.com, Inc. for auctioning of surplus municipal property; and providing for an effective date. Background: The departments within the city, at times, hold surplus items of value that are eligible for auction. These items may deteriorate and/or decrease in value while awaiting a traditional on site City auction. PropertyRoom.com, Inc. is a national company that has multiple programs, which include pick up actionable items from the City on scheduled pick up dates, and offers them for auction on the internet. The proceeds paid to the City will vary depending upon the auction program chosen, which consists of Portables Auction Program, Gold Auction Service, and Platinum Auto Auction Service. The City reviewed the services of three other agencies: • Govdeals • Gov - Auction • Public Surplus. After review, the City has determined that PropertyRoom.com, Inc. is a full service company, which is most complete and provides the greatest rate of return. Furthermore, the City of South Miami Police Department, since 2002, has used PropertyRoom.com, Inc. for the auction of the confiscated /abandoned items. Attachments: • PropertRoom.com, Inc. Property Disposition Agreement • Addendum to Property Disposition Services Agreement • Letter regarding free towing with the use of the Platinum Service for auctioning of vehicles and heavy equipment. • Other vendors reviewed PROPERTY DISPOSITION SERVICES AGREEMENT PropertyRoom.com, Inc., a Delaware corporation ( "PropertyRoom" or "PRC" ), enters into this agreement (the "Agreement "), with the client identified below (the "Owner ") for the auction and disposition of personal property (the "Disposition Services "), in accordance with the Terms and Conditions and Addenda, if any, attached hereto and listed below. Beginning (the "Start Date" ), Owner engages the Services of PRC. City of South Miami Owner Name 6130 Sunset Drive Address South Miami FL 33143 City, State Zip Code 305 -663 -6343 Phone pvelez@southmiamifl gov Email Mark included attachments: Terms and Conditions Addendums: Yes This Agreement, including all of the terms and conditions set forth in the attached Terms and Conditions as well as all other attachments indicated in the box above, comprises the entire Agreement between the Parties. This Agreement cannot be modified except in writing by the duly authorized representatives of both parties. Owner Hector Mirabile, PhD Signor Name City Manager. Signor Title Y_ j2 —rte— ignamre L/ Signature Date PropertyRoom.com -Fom 1 /,t.iU Signor Name j5m Signor Title Signature � `� -I Signature Date PronertvRoom.com Inc. 26421 Crown Valley Parkway, Ste 200 Mission Viejo, California 92691 +1 (949) 282 -0121 Federal Tax ID 86- 0962102 1 of 7 PROPERTY DISPOSITION SERVICES AGREEMENT TERMS AND CONDITIONS 1. Property to be Sold. From time to time, Owner will designate items of personal property (the "Property") that it desires to provide to PRC for Disposition Services. PRC retains the right to accept or reject certain items in its sole discretion. 2. Title. Owner shall retain legal title to the Property until it is purchased by auction or otherwise disposed of in accordance with this Agreement at which time Owner will be deemed to have transferred title to the purchaser or other acquirer of the item of Property (the "Buyer"). Owner appoints PRC as its attorney -in -fact to sign any and all documents necessary to assign to Buyers all of Owners right, title and interest in and to Property sold or disposed. Cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every kind, arising out of the sales and dispositions of Property (collectively the "Proceeds ") belong to Owner, subject to PRC's right to PRC's Net Proceeds and funds attributable to credit card processing costs and other transaction costs. Owner's Property shall, at all times before sale or disposition, be subject to the direction and control of Owner. 3. Method of Selling Property. a. Portable Property Items. PRC will, on Owners behalf, pick -up, store and list Property for sale by auction to the public on the intereet on one or more domain names selected by PRC. To the extent that any Property is not sold by auction, PRC may, in any commercially reasonable manner selected by PRC, dispose of Property. PRC will determine all aspects, terms and conditions of auctions of Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner. PRC will be responsible for all phases of submitting the Property for auction, including, but not limited to, determining when Property will be auctioned, setting the opening and reserve prices of Property, if any; determining the selling price, setting the length of time Property will be auctioned; creating text and graphics to describe and depict Property submitted for auction; collecting Buyer information (such as name, billing address, shipping address, and credit card information); approving Buyer credit card purchase transactions; and collecting auction proceeds for completed sales from Buyers. PRC shall use reasonable commercial efforts in auctioning and selling the Property on the Internet and disposing of Property that does not sell at auction. PRC shall sell and dispose of all Property "as is" without any liability to the Owner. PRC is solely responsible for identifying and resolving sales and use tax collection issues arising from Property sales, including the necessity of charging and collecting such taxes. b. Large Property Items. PRC will, at Owner's request and on Owner's behalf, list physically large Property ("Large- Items ") for sale by auction, including but not limited to cars, trucks, boats, planes and bulk lots of bicycles. For Large - Items, PRC offers Owner different selling options ("Gold," "Portable" and "Platinum "), each with different service components and associated pricing. (1) In -Place Options. For Gold, PRC will auction Large -Items in- place, and in this context, "in- place" means that PRC will not pick -up and store these specific Items but rather Owner will maintain physical control until transfer of Items to Buyers. (2) Haul -away Option. For Platinum, PRC will, in conjunction with a partner and to the extent practical, pick -up and haul -away Large- items, selling via online auction and transferring title and physical possession to Buyers as described in Portable Property Items. (3) Large -Item Service Summary. The Large -Item Auction Services Option Table below depicts service components associated with each option. 2of7 PROPERTY DISPOSITION SERVICES AGREEMENT Method of Sellin Yr0 C Lax I Viu ponent 14 ;Res' orisiblePa `iIa'" lzrable Gold Platium e -Item for in -Pla ce online auction PRC t review and coordination WAuction PRC rite -u and marketir PRC and auction technolo mana ement er Su ort to Bidders PRC PRC 6. Coordinate Buyer pa ymeru and Lar e - ick -u PRC PRC PRC 7. Transaction a ment processingPRC 8. Photo ra hin vehicle review, a ui ment description Owner PRC , 9. Provide or procure asset title, as a licable Owner Owner* 10. Pick-up and haul-away for off remises online auction NA PRC * At Owner request, PRC will acquire title through its partner and .pass- through to e acquisi t n 4. Term and Termination. a. This Agreement will become effective as of the Start Date and will continue for an initial term of one (1) year (the "hnitial Term ") following the "Launch Date" (as defined herein) and thereafter will automatically renew for consecutive one (1) year terms, for a maximum of 5- years, unless written notice of non - renewal is provided by either party to the other at least sixty (60) days prior to the expiration of the then current term. b. As used herein, "Launch Date" shall mean the date on which PRC completes the first auction of Owner Property. c. This Agreement may be terminated if there is a breach by either party of any obligation, representation or warranty contained in this Agreement, upon thirty (30) days prior written notice to the other party unless the breach is cured within the thirty (30) day period, provided, however, if the breach is not capable of being cured within thirty (30) days, the breaching party will have a reasonable amount of time to cure the breach if it begins to cure during the thirty (30) day period and proceeds diligently thereafter. The written notice will specify the precise nature of the breach. d. The rights of the parties to terminate this Agreement are not exclusive of any other rights and remedies available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies. e. Notwithstanding any termination by either party of this Agreement, PRC will continue to remit amounts due to Owner under this Agreement in connection with any sales made before the effective date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by PRC or returned to Owner, at Owner's election and cost- 5. Allocation of Sales Proceeds. a. Portable Property Items (1) Sates Price. The total amount paid by Buyer shall be called the "Sales Price." The Sales Price shall include the winning bid amount (the "Winning Bid ") and all costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by Buyer. (2) The Split. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and 75% of the Whoring Bid portion, if any, that exceeds $1,000. From this amount, the Owner's pro rata share of transaction fees (the "Processing Costs "), if any, will be deducted. (3) Processing Costs. Credit card processing costs ( "Credit Card Cosf') and affiliate processing fees (the "Affiliate Pees," which include commissions and processing costs paid to third parties IF they sent the winning bidder to the website), will be borne by Owner and PRC in proportion to the percentage of the revenue credited to the parties for each underlying transaction. (4) Net Proceeds. Amounts received by the Owner will be called "Owner's Net Proceeds ". Portable item Example. The following example illustrates allocation of proceeds from a Portable Property Item sale. Assume an item of Property sells at auction for a $I00 Winning Bid; the Buyer pays shipping and handling of $10, insurance of $2, and sales tax of $6. The Buyer pays the Sales Price of $118.00 ($100 + $10 + $2 +$6) by credit card, and the Credit Card Cost is 3% of the Sales Price or $3.54 (0.03 x $118) 3of7 PROPERTY DISPOSITION SERVICES AGREEMENT and the Affiliate Fee is 4.8% or $4.80 (0.048 x $100). The Owner and PRC each share 500/. of the underlying Winning Bid, therefore Credit Card Costs and Affiliate Fees are also shared equally, $1.77 each ($3.54 _ 2) for Credit Cost and $2.40 each ($4.80 2) for Affiliate Fees. The Owner's Net Proceeds are $45.83 ($50.00 less $4.17). Note: less than I out of 10 transactions include Affiliate Fees. (5) Fuel Surcharge. The Company does NOT charge pick -up fees. Instead, a fuel surcharge applies per Portable Item manifest when diesel prices rise above a specific level as shown in the Fuel Surcharge Schedule below. The Company benchmarks average diesel retail prices as published online by the Energy Information Administration of the US Department of Energy and resets its fuel surcharge quarterly based on pricing from the prior quarter. Fuel surcharges, if any, deduct from monthly Owner's Net Proceeds. Fuel Surchar eSchedule ,Refail Diesel er:' al -Feel Surcha Less than $2.50 $ 0.00 $ 2.50 to $ 2.99 $ $ 3.00 to $ 3.49 $ 24.80 $ 3.50 to $ 3.99 $ 37.20 $ 4.00 to $ 4.49 $ 49.60 $ 4.50 to $ 4.99 $ 62.00 $ 5,00 to $ 5.49" $ 74.40 * Divides across locations and /or sub - accounts picked -up wane day ** T.M. continues a ward et same rate (6) To the extent that Property is not sold by Auction and PRC disposes of Property in a commercially reasonable manner (see "Method of Selling Property" section), including, but not limited to, sending to a charity, recycling center, landfill, or scrap metal processor, Owner understands and agrees to the following. (a) When Property is not sold by Auction, PRC disposition activities create additional PRC processing costs (the "Disposal Costs ") and potentially a disposition Sales Price (the "Disposition Proceeds "). (b) Disposal Costs include, but are not limited to, labor cost of reloading Property onto a truck, labor and vehicle costs associated with transporting Property for disposition, and third -party fees, such as landfill, recycling, and hazardous material disposal fees. (c) Disposition Proceeds include, but are not limited to, a Sales Price obtained for scrap metal. (d) PRC will bear the burden of Disposal Costs. (e) PRC will retain Disposition Proceeds, if any, as an offset to Disposal Costs, except if Disposition Proceeds for an item of Owner Property exceed $250, in which case PRC will credit Owner a portion of Disposition Proceeds per "The Split" and "Example" above. b. Large- Items. (1) Sales Price, Processing Costs and Net Proceeds. Calculated in a manner directly analogous to Portable Items. (2) The Split For each Large-item of Property, Owner will be credited with a percent of the Winning Bid which varies according to the Large -item service option employed. (a) Gold. Owner will be credited with 95% of the Winning Bid and from this amount, the Owner's pro rata share of the Processing Costs, if any, will be deducted. PRC will charge Buyer a 15% Buyer's Premium. (b) Platinum. Owner will be credited with 87.5% of the Winning Bid less any title pass - through fees from PRC partner. Large -Item Example. Assume a Large -Item sells at auction for a Winning Bid of $1,000.00, and with no shipping or handling charges yields a $1,000.00 Sales Price. For the Gold option, PRC collects and retains a 15% Buyer's Premium, $150.00 (0.15 x $1,000), from Buyer. With regard to collecting the Sales Price and sharing proceeds, the approach differs by option: Gold. PRC completes the sale by collecting the $1,000.00 Sales Price from Buyer. The underlying Winning Bid is shared 95% by Owner, $950 (0.95 x $1,000) and 5% by PRC, therefore 4of7 PROPERTY DISPOSITION SERVICES AGREEMENT a 3% ($30.00) Credit Card Cost is split 95% by Owner, $28.50 (0.95 x $30) and 5% by PRC, $1.50 (0.05 x $30). The Owner's Net Proceeds are $921.50 ($950.00 less $28.50). Platinum. PRC complete the sale as described in Gold, butwith a 87.5 -12.5 Split and with a deduction of any title acquisition pass - through fees. 6. Payment Terms. Once every month, PRC will pay to Owner the amount of Owner's Net Proceeds payable for completed sales during the preceding month. Sales are deemed completed when all items comprising a line item on the original manifest or other list of Property are sold. With each payment of Owner's Net Proceeds, PRC will make available to Owner a detailed report setting forth the following information for the immediately preceding month: a. The completed sales during the prior month, including the total amount of related proceeds collected, Owner and PRC share of Processing Costs, and the Owners Net Proceeds; b. Other dispositions of Property during the month; and c. The Property, if any, inventoried by PRC at the end of the month. 7. PropertyRoom's Obligations Concerning Property in Its Possession. With respect to Property in PRC's possession: a. PRC will exercise due care in the handling and storage of any Property; b. PRC shall keep the Property free of liens, security interests, and encumbrances, and shall pay when due all fees and charges with respect to the Property; c. PRC shall sign and deliver to Owner any UCCA financing statements or other documents reasonably requested by Owner; and d. PRC shall obtain and maintain insurance in an amount (determined by PRC) not less than the replacement value of Property in its possession. The insurance will cover the Property against fire, theft,.and extended coverage risks ordinarily included in similar policies. PRC shall give Owner a certificate or a copy of each of the above upon Owner's request. 8. Owner Obligations. Owner will use its best efforts to provide to PRC such Property as becomes available for sale to the public. Owner will complete paperwork reasonably necessary to convey custodial possession of the item of Property to PRC, including a written manifest or list that describes the item of Property in sufficient detail for identification. Owner agrees that it will not provide Property that is illegal or hazardous, including . but not limited to explosives, firearms, counterfeit or unauthorized copyrighted material ( "knock- offs "), poisons or pharmaceuticals. In addition, to help comply with public notification statutes as well as to support internet traffic flow to the PRC auction website, Owner agrees to try to create a permanent cl ickable link (the "Link") to www pi,oregykoo ..coni on one or more Owner websites. PRC will supply Link technical requirements, text and images to Owner. 9. Restrictions. on Bidding. PRC and its employees and agents may not directly or indirectly bid for or purchase auctioned Property on the PRC web site. 10. Representations and Warranties of owner. Owner hereby represents, warrants and covenants as follows: a. Property delivered to PRC is available for sale to the general public without any restrictions or conditions whatever; and b. Owner has taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title to the Property to Buyers (the "Conditions Precedent "). 11.. Books and Records. PRC will keep complete and accurate books of account, records, and other documents with respect to this Agreement (the "Books and Records ") for at least three (3) years following expiration or termination of this Agreement. Upon reasonable notice, the Books and Records will be available for inspection by Owner, at Owner's expense, at the location where the Books and Records are regularly maintained, during normal business hours. 12. Indemnification. Subject to the limitations specified in this Indemnification section of this Agreement, each party will indemnify, hold harmless and defend the other party and its agents and employees from and against any and all losses, claims, damages, liabilities, whether joint or several, expenses (including reasonable legal 5of7 PROPERTY DISPOSITION SERVICES AGREEMENT fees and expenses), judgments, fines and other amounts paid in settlement, incurred or suffered by any such person or entity arising out of or in connection with a. the inaccuracy of any representation or warranty made by the party hereunder, b. any breach of this Agreement by the party, or a any negligent act or omission by the parry or its employees or agents in connection with the performance by the party or its employees or agents of obligations hereunder, provided the negligent act or omission was not done or omitted at the direction of the other party. 1.3, Limitations on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE SALE OF PROPERTY, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES "); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED. BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION I2. LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER IN THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE AGREEMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT LIMITED UNDER THIS AGREEMENT WITH RESPECT TO LIABILITY ARISING FROM OWNERS FAILURE TO SATISFY TIMELY ALL CONDITIONS PRECEDENT. 14, Assignment. This Agreement may not be assigned, in whole or in part, by either of the parties without the prior written consent of the other party (which consent may not be unreasonably withheld or delayed). Notwithstanding the foregoing, an assignment of this Agreement by either party to any subsidiary or affiliate or a third party acquisition of all or substantially all of the assets of such party will not require the consent of the other party, so long as such subsidiary, affiliate or acquiring entity assumes all of such party's obligations under this Agreement. No delegation by PRC of any of its duties hereunder will be deemed an assignment of this Agreement, nor will any change in control nor any assignment by operation of law by either party. Subject to the restrictions contained in this section, the terms and conditions of this Agreement will bind and inure to the benefit of each of the respective successors and assigns of the parties hereto. 15. Notices. Any notice or other communication given under this Agreement will be in writing and delivered by hand, sent by facsimile (provided acknowledgment of receipt thereof is delivered to the sender), sent by certified, registered. mail or sent by any nationally recognized overnight courier service to the addresses provided on the signature page of the Agreement. The parties may, from time to time and at any time, change their respective addresses and each will have the right to specify as its address any other address by at least ten (10) days written notice to the other party. 16. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 17. Complete Agreement This Agreement and any related documents delivered concurrently herewith, contain the complete agreement between the parties relating to the subject of this Agreement and supersede any prior understandings, agreements or representations by or between the parties, written or oral, which may be related to the subject matter hereof in any way. 18. Attorneys' Fees and Legal Expenses. If any proceeding or action is brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or 6of7 PROPERTY DISPOSITION SERVICES AGREEMENT conditions of this Agreement, the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which will be fixed by the court, and will be made a part of any judgment rendered. 19. Further Assurances. PRC and Owner will each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, services and activities contemplated by this Agreement and to account for and document those activities. 20. Governing Law. The internal law, and not the law of conflicts, of the state in which the Owner is located will govern all questions concerning the construction, validity mid interpretation of this Agreement and the performance of the obligations imposed by this Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the parties waive any right to object to the venue. 21. Relationship of the Parties. The relationship created hereunder between Owner and PRC will be solely that of independent contractors entering into an agreement. No representations or assertions will be made or actions taken by either party that could imply or establish any agency, joint venture, partnership, employment or trust relationship between the parties with respect to the subject matter of this Agreement. Except as expressly provided in this Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf of the other, to any person or entity. Whenever PRC is given discretion in this Agreement, PRC may exercise that discretion solely in any manner PRC deems appropriate. 22. Force Majeure. Neither party will be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond the parties' reasonable control (each a "Force Majeure "), it being understood that lack of financial resources will not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of the occurrence of any Force Majeure and carry out this Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term of this Agreement. 23, Counterparts. This Agreement may be signed in any number of counterparts. 7 of 7 PROP RIT MJM PH OAM Sol Z.0121 I 1199-2+qo I iXO!9-282:0136 Much 16, 2011 The City of SoliffixMiami, Florida 600 Sunset: Drive Sou I fl, I Miaral, Ff. .33 143 To Whom it May Concern: tqiljzes tl.io P.rqpe,*Q.Qm.,cojn',5 Platinum serVi : cc . icra , uctfo . ma of Vehlicles'aild Kc4vy Equipment, that there will h6 extra ,to . w cl arge. incutred-to the City,. for sarhe,as there is FreeTwirig as part of Service for tip to 30 miles fritsr the Attcff(.Yn Fa6lity And the nearest Facility to the City ofg.puth MI: iaml is in Soutfi Miami ap -ujts pr6xiragcIyl4Yi away. For Propertylo -7 Lapy. Lesnick Business Developmont Addendum to Property Disposition Services Agreement This addendum is attached to and made part of The City of South Miami's Property Disposition Services Agreement dated (the "Agreement"). in the event of a conflict between the provisions of the main body of the Agreement and this Addendum, this Addendum will govern. The Agreement is modified as follows: The attached Free Tow Letter dated March 16, 2011 shall become a part of the contract. Paragraph 5: Allocation of Sales Proceeds: Sub Section 6: Disposal of Un -sold Property: it is fully understood and agreed upon by both parties, that the City of South Miami, will NEVER incur any Bees, Bills or additional costs for the Disposal of unsold property that was to be auctioned by Propertyroom.com. The following language is struck from the contract Paragraph 13: Limitations on Liability: The following sentences or parts of sentences from Paragraph 13: The sentence beginning with the phrase "THE MAXIMUM LIABILITY" and ending with the word "ACCRUES ". The sentence beginning with "NOTWITHSTANDING" and ending with the word "PRECEDENT ". The following sentences or parts of sentences from Paragraph 14: The sentence beginning with "Notwithstanding" and ending with the word "Agreement" $ball be deleted. The sentence beginning with "No delegation..." and ending with "... either party" the words "nor will any change in control nor any assignment by operation of law by either party" shall be deleted. Paragraph I8: Attorney's Fees and Legal Expenses: This Paragraph is deleted in its entirety. �9 -X6 fo Owner' r for PropertyRoom.com Inc V _ V_ i% Date —9j4--t. t Date Got.dAuction Service Propertygoom.com's Gold auction program specializes in setting aWnd,oned, seized, and forfeiture vehicles.aswell as fleet,vehictes:and other large pieces of property which do not lend themselves to truck transport to our processing centers.. Our Gold program service includes uploadii?g up to digital photographs and a vehicle description from your staff; describing and.listing your vehicles.or other equipment in, our online auction catalogue;.conducting::an online auction that reaches our inoPe than 1.2 mil.lion.registered':and verified bidders; setting your property to. the: highest bidder; collecting the successful, bid payment; and remitting:the proceeds due to your agency. We also provide detailed audit trail'for all property provided to :us for sale that records all bids receivedi the successful bidder and the payrnentr terms. These reports are.availatile'toyou via an oriline,access into. our servers we proyide for your account, so you always, have the latest data. availabte for your own internal reporting.and accountability requirements. Once the auction is.completed and we have collected the funds, we Out die successful bidder in touch with your ai;ency to facilitate title and registration transfer and delivery (if the item. The,beiiefit5 of using.our services are.,. ease of use; reduction in staff timespent.on .r6uCine Pracessiiig..and redeployment to I,iighe'r value assignments, higher returns on ttracting more and better bidders making more and higher I our detailed reports.that help, you maintain tightaccount= ability on the assets you are responsible for protecting. Fefw' StrUcttlrC Your agency gets 95% of sales proceeds 4D We retain 50% of sales proceeds G).. O J C� O� n I PtadnumAuto Aucti6n Service pf-opertyRoacill.com and Copart, Inc., both leaders in ontin auctions, ' have joined 1 , If rk tple . We special.fte forces to cr&afea full - service iotdtlon for the Oub-,ic sectorma. e . ce in setting aand.idned, seized , and fOrfeitte'rez vehicles as well as fleet vehicle5. our p(atinum ptogram service hictiides towing vehicles from either your agency stor5ge n or from your contract total tow companies; and photogta�b.friq panies; cleanino your to vehicle5 in our oil me auction catalogue; conduct ve��i'clt�e describing and fistinv, yokX ".. I I . H auction 1'. t I.. . ing public inspection I I periods; conducting an: online that reaches a, oca, as 7i well a4 national and international audierce of bidders; setting dui vehicles to tie highesi bidder; collecting the successful bid payment;.. f 11 acilitatinp title an registration .1 the v6h!cte . to the s I uccinsfui . bidder; dder; and remitting YI rocep s transfer; deMen due to your agoncy. We also provide a detailed audit trail. We record att bids r ace th successful bidder,, the payment . t terms, and. t L tit(e. nsfe r information. ese ew week at have file reports are senit,to your agency at the ronc us'On of each ..sal 11 . e s ou always intern I report Kc:untabw nis., laiesi d4a available for your own - t.a and 9 M e for aut6mobijes,and small trucks it your pick.-up our towing e. services arf rQe I w6tiun -is within 30 nautical n es of our local yard facility, Hqav�;emnpent .1 te,,O�ing is charged at our cost The bein*efiis- of using, out sek0ce 5 a re : e I Else. or Use- reduction in staff time spent on cost for storage routine processing and redeployment to higher value assignments; ten,. and d ing.thaigesj higher returnson Vehicle sales from attractifig,mo.re and better n tow bidders rnakf4 i;oreand.higher bids .Automated processing of title and registration documents: by our staff saves both time.and money for you r gency an our detai l d rpnnrtq Ilehl You maintain ti.tht accountability on the assets you are. res,Ppn° de for protecting. Because we also can process totaled and wrecked vehicles we provide a 100% solution to, your disp . 4sition I n .1 needs, and minimize the he number of vendors you hav& to work with and oversee. F6e Structu(ei Your agency gets 8 1 7.5% of sales proceeds 0 We retain 12,5% of sates proceeds PROPERTY Pgom-com (140 Copari PropertyRoom.com's Portable Items auction program specializes in setting abandoned, seized, and recovered property as well as evidence items no longer required to be retained by your department. We also accept items of surplus municipal property that can easily be transported by our trucks back to our processing centers. our Portable Items Program service includes: supplying you manifest forms and bar code (abets; regularly scheduling pick up dates from our fleet of trucks; photographing, cleaning, sorting, and assessing the condition of the items you send us; reasonable repairs of items; research and evaluation of items to enhance their salability; appraisals or certification when we feet that would increase bidding interest; listing your property in our online auction catalogue; exposing your property to our more than 1.2 million registered and verified bidders; conducting the online auction using our proprietary technology; processing payments from successful bidders either by credit card or PayPal accounts; shipping items to purchasers; providing 24x7x365 email support to customers; maintaining live customer support facilities for your agency to contact us during business hours; remitting payments to you each month. We also provide a detailed audit trait for all property provided to us for sale that records alt bids received, the successful bidder and the payment terms. These reports are available to you via an online access into our servers we provide for your account so you always have the latest data available for your own internal reporting and accountability requirements. We provide an exclusive, free service to the public for return of their lost or stolen items, if a citizen can prove any item on our site is rightfully theirs we wilt - after consultation with your staff - arrange to return the property to them free of all charges. r using our services are: ease of use; a reliable process for riodic purges of your property and evidence rooms; reduction in staff time spent on routine processing and redeployment to higher value assignments; higher returns on property sates from attracting more and better bidders making more and higher bids; and our detailed reports that help you maintain tight accountability on the assets you are respon- sible for protecting. Fee Structure: Your agency gets 50% of the first $1,000 of sales receipts for each item. Plus Your agency gets 75% of all sates receipts exceeding $1,000 per item. r =�''ii i PROPERTY FM AVl r'% Guidelines for Item Pick -up & Processing This document is intended to help PropertyRoom.com clients better understand our procedures for the pick up and processing of the following item groups: 1. Items we will not accept. 2. items, if received, we will dispose of without attempting to sell. 3. Items we will accept and apply the listed guidelines when selling. Items we will not accept: Drugs — Narcotics and paraphernalia Firearms — We do sell holsters, stocks, scopes and all other accessories Hazmat — Hazardouslflammable materials Monitors — CRT monitors (we do take newer, flat screen monitors) Office Furniture — Desks, filing cabinets, chairs, etc (please note these items can be sold under our Gold Program, please contact client services for more details) • Used Tires — Used tires without rim (we will accept used tires on rims) 2. Items, if received, we will dispose of without attempting to sell: • Airbags Airsoft, BB and pellet guns • Body armor, with or without inserts and bullet proof vests Cable TV decoder boxes Counterfeit items from name brands - Rolex, Gucci and LV. if you are unsure if an item is a knock off, please send it and let our on -site experts make the determination. If the property is a knock -off it will be destroyed and noted in the system. if you are unsure if an item is a knock -off, please send it and let our on -site experts make the determination. Please use a separate line and barcode on your manifest. • Endangered species parts or by- products such as Ivory or Tortoise shell Food Jimmies, Slim -Dims or dent pullers used to break into cars Lock pick sets Lottery tickets Medicine • Military decoration approved by Congress such as Distinguished Service Medal, Medal of Honor, Silver Star and Purple Heart Pirated (copied /burned) CDs1DVDs or other media Police batons and taser, squad car dividers (cages) and sirens — we will sell most other surplus items ProjectV ChildSafe Gun Locks (we do sell other brands of gun locks) • Sexually explicit or hate materials Used Infant/toddler car seats Used motorcycle and bicycle helmets VHS /cassette tapes 3. Items we will accept and apply the listed guidelines when selling: Bicycles — Rusted, damaged and missing parts may be disposed Hazmat Tanks — We do sell empty tanks such as CO2, 02, NO2 tanks Knives — We will sell all except switchblades, butterfly knives and concealed blade canes Legacy Electronics — CRT monitors, computers and printers > 3 years old will be recycled if determined to have no resale value • Recalls — We will sell recalled items if the recall can be repaired and documented Used Apparel — We do sell good condition leather jackets / fur coats as well as ski boots and snowboard boots Please contact Client Services at 866 799 3551 X83 with questions or concerns ' �h t. r ..3n5kb a 4 G 2,.sc — k �:''"ti4M5fi ANO w B ME Ln c O • a-/y 4- U E A V (U 0 f I.—V Ln B 0. M ��^ B lo® Cpl 4m.Pv B D�9 H L0 ypyp �e e�xt0 p� M" •P ' M r N -W tJ') ftT L 0 4-j J�v V) V) N ±' Q `-J (� V Ln d r Q O a-'' Ln d-J V S. V) Ln V) W O CU •© V y N -W tJ') ftT L 0 4-j J�v 1 A s lsur M CL sir _ �i 0 0 ct5 L) N T m v � W `l a) V) p V Q c� p p 4 .� C- C- 4-1 4-J aA 1p' T c C- u p RI 4- O CU � CD 1p' T u p FAP r- a - (q Y 1� T M .}.J ..Q .}.J p to 0 tU � _0 a ® b.0 1 bA tL1 o- u 4--J O un V! a m� =3 e M� S. VJ 4-j ,�...7 U o D I I 0 1. N riw 0 u U O °O Ar Ln C1J (U U O N cg V) C- 0 C- 0 0 c� E 0 v -ds r bD i O S3. tll L 0 E U cts as 0 v +-j a �2, O • O a� C- 0 a� O L 14 Iyor, I ��M WIN 0 0 < ( i 2\\ 2 « , - / : ! i f \. �, � e � d _. }„ � ■ . . ., ; a i m 0 ■ e (U ■ i , d k ■ . e - -- e E e , r. (U i > � 5 ! 0 e m � \ / , i e . > e i *u - r 0 , Q a W } _0 , , ,may e ■ .� e � ® ® ' ` e e ® i . � 11 Z a CO e C'® 0 0 • w s • a cn c O CCf N CL O CU U V) E O V) U 0 1. • • • C6 v c bD .X CfS O U O 1► n ,V U 4- 00 E L. i.d V' Ile 4-J C Q U ce all CL 'i_ t� C: u 0 0 ® O ty Y? v a• �r SY 5 FF``y��y1 ^ 4 A • V 1� CL V • • cn m V) W +C T �0 W• O 'L. T /E V l� (0 U C: Z) PC t• 7 tsm::* ' ¥\ ® .: 4 m # © \ on « : ., ®� ■ � -0 .d ■ � °k : �- ® :\ ® # d m 2 / - * .: ■ \ « \ ■ \ y \ m \ � - # w w d ^ � ■� . 0) . e .. : \ ■ / # # � � » . . 1 a � » # U - ..� :. 0 . + .y : .w :< 0 9 4%:f�, Sal WAR, cu 01) 0 aj E on 0 LA U (U u E On ai 0 Fu on on on 0 C= C or� 4-=J OF. C: 00 4 u Q) 0 CL 0 F-- ca 0 .0 .0 0 4-J 9 4%:f�, Sal WAR, cu 0 aj E on (U ai Fu Ln on cu u E 0 4=-) 0 .0 .0 0 4-J � 0 �\ K) \<2 m . 3 % i : # © \ \ � \ - 0 }4 / ■ ( .m @ £ © . .< y; � w m � a #. :z d « 0 ,. 6 ■ . \. t . v � :. . - i -a � . ■ � .. o \ m . , �� ,. >f. c!a v U 75 ci3 4- E on "I ca Q. bn c c/T 4- 0 0 Ln 00 :3 r� sv E tw z 4— O c� v7 tlJ U r� y.. O CU ?� C� i2 V) V) O E to C v L a-' o 76 4-J U � tt3 � 4— �- 4J [� N 0 0 N N U 0 L cz. O U O (U C O cU t� 4 C TStI � N u u o on N on dJ to O vii �. (''' ^ N L O W N L 23n on co � O (U O N J .JO aim a) EA V) O V) O O >. u tZ aJ U L- O 4J ' 0 a-a —J p j, 0 (u � � N CL aJ tC5 U } O O L i7 J ' O S� Q° > U . (Z tU V O� Cl.� N O u= u � � O •.- v > u = t � o m M = > -'a) 4- >-C"' 4-J 4-J -- -' U > �a ' a 1" •• L U + { }cL�f tn Am T V a -° 4-1� c:_o v W CL L- cv 4-' > -� v o (u r 4 0 > ® �J r— 4-J o u J cu _, ® Js 4-J � ® V) > a) o 0 V �+ N a 4-' .+ `cqn' ® u , 03) 4—J E Ln P� try � V r Q CL ® v ® N 0 4 J l� V 0 O Q N .,Q to to r s v C- E O e s O bq 9 4- O U O V Ln c tcS O ® 0 qJ ccs 4a „-J RS er5 fCS O .� O L >+ a-.+ .- + N ® fCS �`�+ 5 N - � on > o a) s I- O , Q} L Q.J � V O V O- CL L3. 4-J ro 0 V) to 0 V a} tll U 4-1 ® 0 0 aj UD >- Ln CiS 00 �i U CL to O- CL O O a) 4i O 4-J O ® ® `t- iv _ � -� .,{d.4Sl.,, .y�y �i R F GM OTHER VENDORS REVIEWED Page: I of 1 Thank you for your. interest in GovDeals. For more detailed inforination about our oltline auction service and .how to dispose of your surplus equipment, please review the attached documents: GovDeals Memo of Understanding (Sample MOU) Why document Flexible Pricing Options' Talking Points After you have reviewed these documents, simply complete the "GovDeals Introduction" form and fax it back to my attention. The attached documents are in Adobe PDF format, if you do riot have Acrobat Reader it is available As a free download at: http: / /wW v.adobe.com/ products /acrobat/yeadstep2.1itml. If you have any additional questions, do not hesitate to contact me. Your Representative is; Jonathan Neeley Sales Representative Florida Region GovDeals, Inc. Redington Shores, FL Phone: 407 -4 ^62 -5955 Fax: (334) 387 -0519 knee@govdeals.cprp y�%.GP_v_D��Ls corn Faeekook - Twitter YouTube Sales Support GovDeals, Inc. 5907 Carmichael P1 Montgomery, AL 36117 Phone: (8666) 377 -9494 Fax: (334) 887-0519 SelesSu oport0 Qcv,Dea15.COm www GovDeals coip FaceOoo - Twittet YouTube 1/20/2011 Govbeala Introduction i�tuuu VDeds Thank you for your interest in GovDeals: Completing this document wilt start: the process of your entity joining thousands of other governments nationwide who have embraced the GovDeals solution. We have worked with many different clients from the largest to the smallest in. their adoption of GovDeals,and can,, offer advice and guidance if you desire it. We are only a phone call away. Please review the attached sample Memo of Understanding; which is non - exclusive. Once you have reviewed the Memo ofDrderstanding (MOU); fill in the information requested below. This information will be included in the Memo of Understanding. and submitted for review: Simply have the appropriate persons sign the finalized document and fax the signature page to Sales Support at 334- 387 - 051,9: For any questions or assistance, please feel free to contact us. We look forward to serving you. Naive of Governmental Mailing /Physical Addre City, State Zip Name /Title of person that will approve and. sign MOU_ Contact Information: Name /Title: Phone: E -mail Address Additional Contact (If Applicable) Phone: e- mail:_ Send logo /seal to salessupport(o7jrzovdeals.coni Are you. a member of a county association or municipal..league? Sales Support Phone: (866) 377 -1694 Fax: (334) 387 -0519 saiessun po rt(a)govdeals.com Govlkeals Memo of Understanding— V2 8 -10 -10 — SAMPLE - 0 GovDeals Online Auction. Mento of Understanding (SAMP LF) This Online Auction Memo of Understanding (MOU) is between.GovDeals, Inc. ( "GovDeals "),. a Delaware Corporation having its pamctfal iilace of business at 5907 Carmichael Place, 1.0 Description of Services: GovDeals provides a means for Client to post assets for sale and for potential buyers to bid on these assets via an online auction system. Although GovDeals provides system access for Client to list assets, GovDeals is not a party to the actual sale and has no control over the listed information or the ability of the buyer and Client to complete the transaction. 2.0 GovDeals' Responsibilities: In addition to maintaining and operating an online: auction system, GovDeals will provide Client with the following services for the period agreed to in 6`0 below: 2.1 ,Access to a GovDeals online "Client Asset $erver" (CAS), wblch will allow Client to .load assets to the online auction. system, maintain information about assets and view and run reports. The CAS will provide Client with the following capabilities: • Accept.descriptive information concerning an Asset including unlimited photos • Allow different auction phases based. upon dates and times ® Allow Client to set minimum starting prices, bid' increments and reserves 2.2 Training and support services to assist Client in implementing the GovDeals online auction system, which will include: • Familiarization with, the nature and operation of CAS • Guidance in,the posting of assets and provide ongoing support • Procedures for talking and posting pictures of assets • Based on mutual agreement between GovDeals and Client, training and support services will be provided on -site or via telephone or Internet 2.3 Help Desk support available via telephone or email during normal business hours, except announced holidays. 2.4 Provide marketing of assets posted . to the online auction site and promote use of the site to potential buyers. Work with Client to identify items that may benefit from marketing attention. ci Provide documented proof of all marketing efforts made on behalf of Client. G Assist in determining values, and starting prices for unique and high dollar assets. OR 4.0 Pavment^ 4.1 If Client elects to collect auction proceeds, GovDeals will invoice Client for fees on the first business day of the month' following the month assets are sold. Client agrees to remit.payment to GovDeals within thirty (30) calendar days from receipt of invoice, unless an applicable prompt payment act or similar legislation specifies a different time period. GovDeals Memo of Understanding— V2 8 -10 -10 — SAMPLE.- 1. 4.2 Client shall promptly, but no more than fifteen (1 5) business days after the auction end date, notify GovDeals of any transaction that was not completed. The fees foe said transaction shall be credited to Client during the next invoice period. 4.3 If Client elects GovDeals to collect auction. proceeds electronically via PayPal, credit card or wire transfer please review and complete Exhibit B. 5.0 Team: of MOU: This MOU shalt commence on the date it is signed by the second party and.will continue. for a period of twelve months unless otherwise terminated upon sixty days written notice by either party. This MOOT shall automatically extend for additional one -year periods; unless either party notifies the other in writing of its intent not to renew at least sixty days prior to the anniversary date. 6.0 Teens and Conditions: Please find Exhibit C attached as an example of suggested Client "Perms and Conditions. At any time during the term of this MOU, Client may modify the Terms and Conditions. Any substitutions or modification must be submitted. to GovDeals in writing before posting assets to the GovDeals auction site. 7.0 Governance: This MOU will be governed, interpreted; construed and enforced: in accordance with the laws of the State of Cizent�'Stafdx 8.0 Non - Exclusive Engagement: This MOU is not exclusive. Client may utilize other approaches, including traditional auctioneer services or sealed bids. However, it is understood and agreed that Client: will not utilize other disposal. approaches for All asset at the same time the asset is listed on the GovDeals online auction. site or sell by some other means to a prior bidder any itern currently or previously listed on the GovDeals site for the purpose of avoiding payment of the GovDeals fee. Client agrees to not manipulate or interfere with the bidding process on the GovDeals site. This online auction memo of understanding is agreed to by: GovDeals, Inc Client;; SAMPLE, DOCUMENT Signature;_ Signature, SAMPLE DOCUMENT Print Name: Robert L. DeBardelaben Title: President Date: Memo of Understanding Contact: Attention: Sales Support 5907 Carmichael Place Montgomery, AL 36117 Telephone Number: 866.377.1494 Fax Number: 334.387.051,9 Email: salessupport@govdeals.com Govi)eats Memo of Understanding — V2 8 -10 -I0 — "i4arn;` SA1yiPLEDOCUMENT T, SAMPLE SAMPLE: DOCUMENT Oa(5 SAMPLE DOCUMENT Flexible Pricing Options, (FPO) Pricing Setaat hvrq options��scgb.dil; 6iiiDoals �iSrtt9 oEt ttd$rsUndiag G @1 b, I Client Colle Proceeds 1OptiouAt (7.5 % Seller- 0 % Buyer) ' ED Option A2 (0% Seller- 7.5% Buyer) Client 'elects RSS (GovDeals arliects Proceedsl 0ptionBl (Z5 % Seller- 5 %Buyer) �i Option B2 (5016 Seller- 7.5% Buyer) OOption B3 (2.5% Seller- 1.0% Buyer) E Option B4 (0 %Seller- 12.5.% Buyer) FA 3. EXHIBIT A - Online Auction Memo of Understanding Flexible Pricing Options (FPO) The Client has the option to choose from the following alternative plans: A - Client Collects Proceeds Option Al: The Client pays a 7.5 %* fee which will be reduced. according to the ".tiered, Fee Reduction. Schedule (described below). GovDeals will invoice the client each month for fees on items 'sold in the previous month. The client is allowed thirty (30) calendar days 'froni.date.of invoice receipt to remit payrrient. Option A2: The Client pays a 7.5%* fee but is given the capability, to easily pass the entire fee on to the'winning bidder as an Administrative Fee. The client is only allowed to pass on to the winning bidder the amount charged to them based on the tiered pricing schedule above. The amount invoiced to the winning bidder will include the gross sale amount of the item, the administrative fee, any special fees and sales taxes, if any. By passing this fee on to the winning bidder, the client.'s effective fee is zero percent (0 %). GovDeals will invoice the client each month for fees on items sold, in the previous month. The client is allowed thirty (30) calendar days fropi date of invoice receipt to remit payment. B- Client elects GoVDeals Financial Settlement Services (k'S$) allowing Gov))eals to Collect Proceeds. Only one option below can be used and once this option is chosen, it cannot be changed for twelve (I2) months. Option B7: The Client pays a 7.5 %* fee and the winning bidder pays a 5% Buyers Premium. ** Option 532: The Client pays a 5W, fee and the winning bidder pays a 7.5% Buyers Premium. Option B3: The Client pays a 2.5 %* fee and the winning bidder pays a 1.0% Buyers Premium. Option B4: The Client pays zero percent fees (0 %) and.the winning bidder pays a 12.50% Buyers Premium. Tiered Fee Reduction Schedule GovDeals' Tiered Fee Reduction Schedule below explains how the base auction fee of 7.5% is reduced for assets that sell in excess of $100,000 on www.govdeals.com, When an asset sells for up to $100,00(] in a winning bid, the GovDeals fee is seven and one- half percent (7.5%*) of the winning bid, but not less than SS:00. Where an asset sells for more than $100,000, but Less than $500,000 the GovDeals The is seven and one -half percent (7.5 %) o'fthe winning bid up to $100,000; plus five and one -half percent (5.5 %) of the winning bid for auction proceeds. in excess of $1007000 up to $500,000. Where an asset sells for. greater than $500,000 the GovDeals fee is seven and one -half percent (7.5 6/o) of the first $100,000 of the winning bid, plus a fee of five and one -half percent (5,5 0/0) of the next $.400,000 of the winning bid, plus a fee of three and one -half percent (3.5%) of the bid amount in excess of $500,000. *Subject to a minimum per asset/lot fee of $5.00. **If the Client chooses to pay the fall 7.5% fee they will have access to the Tiered Fee Reduction Schedule. i7ovDeals Memo of Understanding-V2 8 -10 -10 - SAMPLE - EXHIBIT 13 - Online Auction Memo of Understanding Financial Settlement Services (FSS) it is understood the Client elects GovDeals to collect all proceeds due the Client from the winning bidder and, remit the proceeds to the Client less the GovDeals fee., Optionally,. the Client may elect to not have GovDeals withhold the fee by electing the appropriate section on the following page of this exhibit. GovDeals will charge the winning bidder a "Buyer's Premium ", therefore, the Client is not allowed to charge the winning bidder an additional "Buyer's Premium ". GovDeals will collect all proceeds from the winning bidder, including the "Buyer's Premium" through PayPal, credit card or wire transfer. This is the only means of payment by the bidder.. The Client will not release an asset to the winning bidder until the Client has received verification from GovDeals that payment has been received from the winning bidder. Prior to an item being released. to the Winning bidder, the Client will ensure the winning bidder or his/her agent has signed a 'Bill of Sale" containing the following notation: "Asset Is sold as is, where is and without warranty. Once the asset is removed from the seller's premises there is no refund of monies previously paid ". The Bill of Sale most be printed from the Client Asset Server (CAS). Any other "Bill of Sale" used by the Client must be submitted to GovDeals for approval. No proceeds will be remitted to the Client for any asset sold without verification of payment from GovDeals and verification from the Client the item has been picked up by the winning bidder. Approved payment from the winning bidder through PayPal, credit card or wire transfer will be noted in CAS. It is the Client's responsibility to notify GovDeals when an item has been picked Up, which is accomplished by the Client accessing CAS and selecting the "Picked Up" option from the "Paid, not picked up" report. GovDeals will remit all proceeds collected, less the "Buyers Premium" and the GovDeals fee to the Client, on a weekly basis for all assets marked in CAS as'Pfcked Up'. However, If you choose to be invoiced for the GovDeals' fee, GovDeals will remit all proceeds collected, less the "Buyer's. Premium" only. All proceeds Will be remitted electronically by Automatic Clearing House (ACH) unless elected on the following page of this exhibit to receive a paper check. Whether proceeds are remitted electronically via ACH or via paper check, a detailed backup will be submitted to the Client to support the amount remitted. Under no circumstance will the Client collect any proceeds directly from the winning bidder and if requested to do so, the Client should refer the winning bidder directly to GovDeals for payment instructions. GovDeals will absorb all costs of Charge Backs by PayPal or a. credit card company where an item is released to the Winning bidder after the Client receives proper payment notification from GovDeals; GovDeals receives proper pickup notification from the Client and the Client obtained and retained a. signed "Bill of Sale" from the winning bidder. GovDeals will refund proceeds collected to the winning bidder in those rare occasions where the winning bidder pays for an asset but never picks it up and subsequently convinces hayPal or the credit card . company to withdraw the amount from GovDeals' bank account. It is the Client's responsibility to request a credit on the asset paid for but not picked up as soon as the allowable pick up time passes. By taking the credit; it insures GovDeals will not charge the Client. a fee and will allow the Client to resell the asset. If the asset is mistakenly placed in 'picked up' status by the Client and GovDeals has remitted payment, the Client agrees to refund this amount back to GovDeals. A GovDeals' Client Services Representative or a GovDeals Help Desk Representative will train the Client on how to effectively use the Financial .Settlement Services feature and provide ongoing support as needed. There are no additional costs to the Client for training and support. GovDeals is covered by a Crime Insurance Policy with a limit of $5,000,000, which will protect the Client against any loss of funds. GovDeals Memo of Understanding— V2 8 -1.0A 0 — SAMPLE - g Financial Settlement Services (ESS) Election and Information Please complete payment mstrdations below. Ohlifflingl'wOgW MpUbaw Accounting Contact' (Person to receive checks and Invoices) Name and Title E?Mail Address: Phone Number: If payment will be made by AcH, please Provide the folloWng information: on If paythentwill be made by paper check, please providethe following information: Make check payable to: ---Client's Legal �Name Mail check to: Street City; State and Zip Code Please check here only if Client elects to N,OT allow GOVDsiels to deduct the GoVDeals fees from proceeds due the client. GovDeals Memo of Understanding — V2 8-10-10 — SAMPLE - EXHIBIT C - Online Auction Memo of Understanding I N, Mia4� N V -IN Online Sales - Terms and Conditions All bidders and ,.other participants or this service agree they have read and fatly understand these terms and agree to be bound thereby. . ... . ..... Guaranty Waiver. All assets are offered for sale "AS IS, WBE� RE, IS N t U (Seller) makes: no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered. for sale. The Buyer is not entitled to any payment for loss of profit Or any other money damages — special, direct, indirect or consequential. Description Warranty. Sellex warrants to the Buyer the property offered for sale will conform to its description. Any claim for misdescription. must be inade prior to removal of the property. If Seller confirms th&property does not conform to The description, Seller will keep the property and refund. Any money paid. The liability of the Seller shall not exceed the actual purchase price of the property. Please note upon removal of the property, all sales are final. Personal and property risk. Persons attending during exhibition., sale or.reinoval of goods assume all risks of damage .of or loss to person and property and specifically release the se'ller and GavDeals from liability therefore. Inspection. Most assets offered for sale are used and.may contain.,defects not immediately detectable, Bidders may inspect the property to bidding. Bidders must adhere to the inspection dates and times indicated in the asset description. See special instructions on each asset page for inspection details. Consideration of Bid. Seller reserves the right to reject any and 91 bids and to withdraw from sale any of the assets listed. Buyer's Certificate. ertificate. Successful bidders will recQlve a Buyer's Certificate by email from GovDeals, GovDeals Mento of Understanding— V2 8-10-10— SAMPLE - Buyers premium. if a Buyers Premiurin is shown on the auction page bidder box, then that amount. (expressed as a percentage of the final selling price) will be added to the final selling price of all items in addition to any taxes Imposed. Payment. Payment mull is due not:later than 5 business days from the time and date of the Buyers Certificate: Payment must be made electronically through the GovDeals Website. Acceptable forms of payment are: • PayPal, • Wire Transfer • Visa • MasterCard • American Express • Discover PayPal and Credit Card purchases are limited to below $5,000.00. If the winning bid. plus applicable taxes; if any indicated, and the buyer's premium, equals more than $4;999:99., PayPal and Credit Cards may not be used. If Wire Transfer is chosen, a Wire Transfer Transaction Summary page will provide payment and account information. The Wire Transfer must be completed within 5 days. 'The next section is used if the client collects the proceeds and. may be modified to. reflect exact forms of payment accepted by the client. The Buyers Premium and Paymentsection (above) is used only when GoVDeals collects proceeds .v.__._,. ., - .__..._.. __.._.. *Payment Payment in _M is due no later than five (5) business days from the time and date of the Buyer's Certificate: Acceptable forms of payment are: U.S. Currency * Certified Cashiers Check ® Money Order v Company Check (vtnth Bank Letter guarairteeh)g funds mandatory) Checks shall be made payable to €_:lreirtafi ". Payments shall be made at the location listed in the Buver's Certificate, Removal. All assets must be removed within ten (10) business days from the time and date of issuance of the Buyer's Certificate. Purchases will be released only unon receipt of pa meat as specified. Successful bidders are responsible for loading and removal of any.and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer's Certificate. The Buyer will make all arrangements and perform all work necessary, including packing; loading and transportation of the property, Under no circumstances will Seller assume responsibility for packing, loading or shipping. See special instructions on each asset page for removal details. A daily storage fee of $10.00 may be charged for any item not removed. within the ten (10) business days allowed and stated o'n the Buyer's Certificate. Vehicle Titles. Seller will issue a title, or certifCCate upon receipt of payment, Titles may be subject to restrictions as indicated in the asset description on the website. GavDeals Men o of Understanding — V2 8 -10 -10 — SAMPLE - Default. Default shall include (1). failure to observe these terms and conditions; (2) failure to make; good and timely payment; or (3) failure to remove all assets within the speeified time. Default may result in termination of the contract and suspension frornparticip'ation in all future sales. until the default has been cured, if the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law. Softer Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees. they have read, fully understand and accept these Terms and Conditions, and agree to ,pay for and remove the property, by the dates and times specified. Those Terms and Conditions are displayed at the top of State /Local'Sales and /or Use,Tax: Buyers may be subject to payment of State and /or local sales and/or use tax. Buyers are responsible for contacting seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed. Sales to )employees Employees of the Seller may bid. on the property listed for auction, so long as they do NOT bid while on duty. (This may be modified to not allow employees to bid.) GovDeals Memo of Understanding — V2 8- 1.0 -10 — SAMPLE _. Why do Florida governments utilize GovDeals? GovDeals is a highly efficient, proven system that produces higher prices for clients. Other Florida governments are using GovDeals with great success. 2) Bartow, FL 3) Bette Glade 4) Belleau 6) Setlevlew 6) Brooksville 7) Callaway 8) Cape Coral 9) City of Lake Mary, FL 10) Clearwater 11) Clermont 12) Cocoa 13) Delray Beach 14) Deltona 15) Dunedin 16) Fernandina Beach 17) Florida League of Cities 1 S) Fort Pierce 19) Fort Walton Beach 20) Freeport 21) Gretna 22) Groveland 23) Gulfport 24) Hallandale Beach 25) Hawthorne 26) Holly Hill 27) Indian Rocks Beach 28) islamorada Village of Islands 29) Lady Lake. 30) Lake Alfred 31) Lake City 32) Lake Placid 33) Leesburg 34) Madeira Beach 35) Madison 36) Melbourne 37) Mexico Beach 38) Miami Shores Village 39) Milton 2) Charlotte County 3) Citrus County Board of County Commissioners 4) Collier County Board of Commissioners 5) Desoto County 6) Hendry County Board of County Commissioners 7) Highlands County Board of County Commissioners USPS Sarasota USPS South Florida District 2) Delray Beach Fire Department 3) Englewood Area Fire Control District 2) Lively Technical Center 3) St. Johns River Community College 41) Monticeno 42) Naples 43) Neptune Beach 44) North Miami Beach 45) North Port 46) Ocala 47) Oldsmar 48) Ormond Beach 49) Palatka 50) Palm Bay 51) Palm Coast 52) Pensacola 53) Pinellas Park 54) Plantation 55) Punta Gorda 56) Safety Harbor 57) Sanibel 58) Sebring 59) Shalimar 60) St. Augustine 61) St. Cloud 62) St. Pete Beach 63) St. Petersburg 64) Sunny Isles Beach 65) Sweetwater 66) Tallahassee 67) Tamarac 68) Tampa 69) Tarpon Springs 70) Tavares 71) Temple Terrace 72) Trenton 73) Valparaiso 74) Vernon 75) Wilton Manors 76) Winter Park 77) Zolfo Springs 9) Leon County Board of County Commissioners 10) Marion County Board of County Commissioners 11) Martin County 12) Pinellas County Board of Commissioners 13) Polk County Board of Commissioners, FL 5) USPS Tampa P &DC 5) Pinellas Suncoast Fire and Rescue District 5) University of Central Florida 2) Hillsborough County School District 3) Lee County School District 4) Leon County School Board 5) Martin County Schools 6) Pinellas County Schools 2) Collier County Sheriffs Office, FL 3) Eatonville Police Department 4) Escambia County Sheriff 8) School Board of Alachua County 9) School Board of Indian River County 10) School Board of Polk County 11) The School Board of Osceola County 7) Oak Hill Police Department 8) Pinellas County Sheriff 9) Walton County Sheriffs Office 2) Lakeland Area Mass Transit District a) aarasora rvianaree emywi r Ukg IV, IV 3) Lee County Port Authority 6) South Florida Regional Transportation Authority 2) Englewood Water District 3) Okaloosa Gas District 5) South Florida Water Management District 6) Tampa Bay Water FPO- Flexible pricing Options talking points Since 1999 GovDeals has offered the same 7.5 % fee to its clients and remains strongly committed to this pricing today. This consistent and transparent pricing allows clients to choose GovDeals knowing they have the best rate available. The 7.5 % fee allows GovDeals to provide difference - making services that produce the time. proven best results, NET of fee, when compared to any other company or method of disposition. In 2004 GovDeals began reducing the 7.56/o fee charged when an individual item sold for more than $100,000, thus providing an lhstant discount on. such items.. In November 2008 GovDeals introduced Financial Settlement Services (FSS).. This is an optional service where the buyer pays GovDeals by credit card or wire transfer with a 51% premium charged to the buyer. GovDeals, remits the winning bid amount and any taxes charged. to the seller. At the sellers option, GovDeals can withhold its 7.5% fee when remitting. The vast majority of our new clients elect to use FSS and have their fees withheld, reducing the clients expense of approving and remitting fees back to GovDeals. Some sellers choose or would like the option to pass fees on to the buyer to reduce or totally offset our fee. Before now, GovDeals did not provide a method for our system to support this, therefore our sellers had to collect such fees from buyers outside the transparency and all important audit trail built into the GovDeals' system. We now have system features in place to facilitate and manage distribution of our 7.5% fee, with or without the 56/6 FSS buyer premium, between you as seller and the winning bidder. Based on your choice, this will result in your fee being from 0 to 7.5% with your buyer paying from 0 to 12.5 %. Bidders will clearly see any fees that will be added to a winning bid amount. Of course, any applicable taxes will also be displayed. Gwojmis Seller Foe +Admin reC /ODUet Premtnm pisW136HMn PPu"g , Winning bidders have paid a 6% Buyer Premium for FSS transaction's with little or no apparent reduction in net.auction results since we introduced the FSS program in November 2008: We believe there are positive factors at play here! many buyers enjoy the convenience of paying online; GovDeals attracts a large targeted, focused bidder base that recognizes the value_ in the items sold on the site; and, the highly competitive end of auction activity GovDeals generates and promotes bidding above. and beyond competitive results elsewhere. Therefore, when evaluating comparative solutions, it remains critical that you continue to focus on the net funds flowing back into your entity's account, as well as consider the costs associated with factors such as high bidder default rates. Subjectively, one might expect that bidders may take any buyer premium amount into account when bidding to win your items on GovDeals. Given the positive effect of the remarkably competitive bidder climate we continue to create, your results should remain far ahead of any other solution. GovDeals will continue to deliver the absolute best net results for your surplus and confiscated item sales, regardless of fee and fee structure. So, no matter how you distribute Your surplus program's fees, the most importarntdecisian you make will to be to choose GovDeals. Page i of I Riverol, Alfredo From: customerservice @gov - auctions.org Sent:. Sunday, February 06, 2011 10:53 AM To: Riverol, Alfredo Subject: Reply From Gov - Auctions Hello Alfredo, Thank you for contacting Gov - Auctions.org - the #1 US Government Car Auction Service. The nature of our product is such that telephone support is not necessary, nor offered. Our product is a fully electronic, web based information service. Our focus is on making sure that our quality product is always deliverable and accessible online. We find that our customers, who are online themselves by necessity, are very happy with, and prefer, the quality of customer support we offer online. Please let me explain our service. A membership with Gov - Auctions.org gives you access to details of more than 4,000 live Government and public auctions across the US, NOT searchable elsewhere on the Web. The information we offer will save you many hours of research in locating reputable "offline /live" and "online" Government related auctions relevant to and available in your area As a Member you have access to specific locations, times and contact details for all the auctions in our directory. Our directory also provides a large number of online Government related vehicle auctions as well as online Federal auto auctions, ALL accessible via direct links in our Member's Area. These online auctions usually display all their current vehicle listings /cars online and show where these vehicles are located. These listings are usually searchable by manufacturer and state. A membership with Gov - Auctions.org is valid for two (2) full years, or is unlimited if you purchase our Smart Lifetime membership. Importantly, you will never be rebilied as membership is a one -time fee only (i.e. no subscription). We offer free value packed auction tutorials at www .gov- auctions.org /tutorial.php. This will provide you with a thorough understanding of what to expect from our service, how the auction process works and how to proceed with confidence in securing the best deal at any vehicle auction of your choice. We highly recommend that you view these tutorials. We also provide fast and friendly customer service 7 days per week. To register as a member with our site simply follow the quick registration process at the bottom of www aov- auctions.oro /join. ph P. Please contact us again via email should you have any further questions. Kind regards, Michelle Member Services Gov - auctions.org YOUR QUESTION: Evening, we are a small municipality in Miami -Dade, can you please contact me so that we may discuss the services provided by your company.We are looking to begin using online auctions and we would like to discuss pricing and procedure. My number is 305- 663- 6343.Thank you 3/18/2011 Page 1 of I Riverol, Alfredo From: Fred Hogan [fredh @thepubiicgroup.coml Sent: Monday, February 07, 2011 9:48 AM To: Riverol, Alfredo Subject: Public Surplus Information Attachments: Public Surplus Basic Information(FH).pdf; ATT00001 -him Alfredo, I have attached a brief document for you that highlights the features of our service and gives basic information on pricing and everything. We also have a 30 minute webinar demo that we do for agencies every week day at 11:00 and 3:00 which is well worth the time as we do a demonstration o f the system and answer any questions that you have. The good thing about Public Surplus is that the 7% fee is paid for by the buyer in the form of buyers premium. We also offer a collection service (we accept credit cards) which we add to the premium and make it a total of 10 %. The agency never has to pay any listing fees or other fees of any kind. We have a large buyers base with hundreds of thousands of registered buyers. We have a buyer contact department that can help promote interest in your auctions. When you see the demo, we will talk about all of these things and the best features of our site. It truly is the easiest system to use and gives you a 7 year audit on all of your auctions. I have been talking to Miami Dade County about at least trying some items Public Surplus on a pilot basis. They already have their own website and it does well for them because you have a big population in the area. If they try out Public Surplus on some items, they will even better because of the large amount of buyers we have, nationwide and even outside of the US. Some other agencies near you that are using Public Surplus include Margate, Green Acres, New Smyrna Beach, and the utility authority for New Smyrna Beach, Keys Energy and Sarasota County. I will be glad to invite you and anyone on your team to the demo. My contact information is below. Peel free to call or email me any time. Regards, Fred Hogan The Public Group PH: 1-800-591-5546 x155 Fax:1-800- 932 -7001 fredh%thepublicgroup.corn 3/1.8/2011 2326 Addison Lane John's Creek GA 30005 800- 591 -5546 x155 �4 Surplusk, Thank you for your interest in Public Surplus. Over the past 10 years, our online auction system has helped thousands of public agencies realize tremendous success in selling their surplus online. As the leader in this industry we invite you to learn more about us. When reviewing the best methods of surplus disposal, Public Surplus deserves your consideration. 1. Significant revenue increase: By listing on Public Surplus, you give your community instant access to your auctions and also reach many more across the country. Additionally, our strong buyer base and aggressive Buyer Contact Department can give your auctions national attention. These and other factors explain why our users are generating 30 -60% more net revenue over any other surplus disposal system. 2. 7 -year audit trails: Everything that happens on our site is automatically recorded and saved for 7 years. We give you the ability to instantly download and print a variety of reports for audit purposes. This feature is especially critical today in light of heightened homeland security threats, to track whom is purchasing your surplus. 3. Extendable auction feature: Our unique extendable auction feature significantly increases the revenue on your surplus sales. As long as there is bidding activity, your auction will extend for 5 minutes indefinitely. This feature makes Public Surplus one of the only true online auctions and assures compliance with state, local, and federal regulations. 4. Compliance with state, local, and federal regulations: Everything about our system is designed to keep public agencies in compliance with surplus disposal regulations. This includes free internal reallocation, 7 -year audit trails, a hold harmless clause, and extendable auctions. Having worked with the public sector for the past 8 years, we offer vast experience in successful surplus management and disposal. S. Free registration, listing, or re- listing: Our goal is to make you successful. We make no exaggerated claims, require no contracts, and have no hidden fees. We are successful only when our system and service are better than any alternative available to you. To register as a seller with us, simply go to h :HwelcQme.ppbliesurplus.com. 6. Comprehensive surplus management system: Public Surplus is a comprehensive system to help you organize, automate, and manage your entire surplus inventory operations. We have significantly streamlined the process for you, to reduce the hassle required selling surplus. Listing an auction takes only 2 -3 minutes. Our users consistently comment on how easy -to -use our system is. 7. No commitments required: The only way to really seethe success of the system is to try it out. In that vein we require no contracts or commitments and charge you nothing unless your surplus sells. Public Surplus continually strives to be the best auction venue available and is dedicated to helping you succeed in selling your surplus. I invite you to explore the benefits of our online system through a free, 30- minute online presentation. This presentation will take you behind the scenes to learn about our service and system. I will be contacting you soon to see if you have any questions and when you would like to view one of our free online seminars. Thanks again for your time and I look forward to discussing this with you in the near future. Fred Hogan South East Sales Rep. The Public Group 800 -591 -5546 x155 fredb@thMublic2rogp.com Frequently Asked Questions 1. Are Internet auctions legal? Yes. In fact, online auctions are often the most legal method for public agencies to sell surplus. Because Public Surplus reaches more people in your community, you have greater community involvement, which increases your revenue. Our system also offers all of the critical components of a public auction including extendable auctions (ensuring a "true" auction), equal access, full disclosure, and surplus tracking tools. 2. How much does your system cost? Everything about our system is free to the seller. Not only can you register and list for free, but we provide all the tools needed for successful surplus operations, including internal reallocation, 7 year audit trails, picture uploads, training, and support. Once an item sells, your buyer will pay a 10% premium. 3. How do I get started? Registration is simple and only takes a few minutes. Go to http: / /welcome.publicsuWlus.com to setup an account. You will be contacted by your support representative who will train you on the system and help you begin listing. 4. Who can buy and sell on Public Surplus? Only public agencies can sell on our site, although anybody can register as a buyer. This establishes an exclusive and legal setting for public auctions while inviting a large buyer base to bid on your surplus. 5. What can I sell on your site? You will have the most success on our site hi selling vehicles, heavy equipment, and specialty items. However, Public Surplus has and can facilitate the sale of just about anything imaginable. 6. Can I set a minimum bid or a reserve price? Yes. Both a minimum bid and reserve price are available to you. We also bring you expert advice and training on how to ensure success in listing and selling on Public Surplus. Although we cannot control the market, we can bring the best market price to you through our vast buyer base. Our objective is to help you be successful. 7. How often/how much am I required to sell on your site? We do not require you to sell a certain quota of surplus on our site. We also do not require contracts. One of the major advantages to selling with us is that you can list surplus whenever it becomes available. This has been a successful model from the state level all the way down to the smallest county or school district. 8. Do I have to ship my item? No. In fact, we encourage agencies to leave the item on site and have the buyer arrange to pick it up. 9. Who handles payment? Public Surplus handles all payments for your agency. We make it easy for the buyers to pay for your items via credit card and wire transfers. We take the stress out of payment collections. We even remind the buyers of the deadlines for making payment and mark them default and offer it to the next highest bidder automatically if they should not come through. 10. Is there a contract in place that we can use? Yes. If your agency sells enough surplus on our site to require an agreement, we have national piggyback able contracts available to you. Each of these national contracts results from an extensive RFP processes. Additionally, we can provide you with a scope of work agreement to simplify your procurement process. 11. Who is using your service? We have over 2000 public agencies that actively list on Public Surplus. You are welcome to visit our website at htW://www.publicsurplus.com to see who is currently listing surplus in your area. We work with states, counties, cities, school districts, educational institutions, and many other types of agencies and have helped them realize tremendous success in selling surplus. The next few pages contain references of public agencies who list on our site. Please feel free to contact them and inquire about their experience with Public Surplus. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/Ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING & DATE CHANGE - APRIL 4, 2011 in the XXXX Court, was published in said newspaper in the issues of 03/25/2011 Aff lant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertiseme/ns��r,r publication in the said newspaper, Sworn to and subscribed before me this 25 day o MARCH , A.D. j2%011�� (SEAL) V. PEREZ personally known to me Y:€ ,K �omnls "aiun#�[3D937632 ro. `r xpl� Move' r2,2013 /'„nip" .. _._ g, vxn6clin_¢7 "sn;�uarrod60aos7ot9 A Resolution of the Mayor and City Commission the C(ty of `s- "outh. Miami, Florida, : authorizing' 4he 'City -Manager fo exem e''a --..a: ......:..,t ..�..,.t„d tr-m not with MacMillan oit_Comoanv of date. ALL interested . parties are invited to attend and will be heard. I For further tnfomfat on ease contact the C4yCsWs Of ioe'at r 305-663'6840 Maria M. Menendez, CIVIC City Clerk Pursuant to Florida Statutes 286;0105,.the.City hereby4.dJises the pubtic, that if a person, decides to appeal any decision made ,by this Board,. Agency or C6mmisskm,.0th respect,to any'nlatter considered at its. meeting or hearing; he or she will need a record of the proceedings, and: that forsuch purpose; attended pers6n may noo td ensure thataverbathnl record of the proceedings is made which record inolydes the testimony and evidence up6'nwhich the appeal is tobebasedd- 3l2S, , „ _ Yt- 3.130/7671473M