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Res No 126-14-14220RESOLUTIONNO.:126-14-14220 A Resolution authorizing the City Manager to enter into a five (5)year contract with Bidera LLC Real Estate and Auction Services for asset liquidation services. WHEREAS,the City charter,Sec.2-4.7 "Surplus City-owned Property,"states items of personal property shall not besold unless and untilitis declared to be surplus property by resolution of the City commission;and WHEREAS,the City Manager is authorized to sell property deemed surplus and determined by resolution by the City Commission to the highest bidder at public sale or auction; and WHEREAS,Bidera LLC Real Estate and Auction Services isalocal company that provides asset liquidation services;and WHEREAS,the City desires to enter intoafive(5)year non-exclusive contract with Bidera LLC Real Estate and Auction Services to assist in the disposal of City assets determined to be surplus. NOW,THEREFORE,BEIT RESOLVED THE MAYOR ANDCITY COMMISSION OFTHECITY OF SOUTH MIAMI,FLORIDA: Section 1.TheCity Manager is authorized to enter intoafive(5)year contract with Bidera LLC Real Estate and Auction Services for asset liquidation services and as such isa non exclusive contract that canbe exercised,at the discretion of the City Manager,when City surplus property becomes available.Acopyof the contract is attached. Section 2.Severability.Ifany section,clause,sentence,or phrase of this resolution is foranyreasonheld invalid orunconstitutionalbyacourtof competent jurisdiction,this holding shall not affect the validityof the remaining portions ofthis resolution. Section 3.Effective Date:This resolution shall take effect immediately upon enactment. PASSED AND ENACTED thisi 71-hdav of June _,2014. READ AND LANGI EXEetiiiarOTEREOF ASTO FORM, APPROVED: COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Welsh:Yea Commissioner Liebman:Yea Commissioner Edmond:Yea Soutfr1 Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager June 17,2014 Agenda ItemNo. Subject: Background: Amount: Account: Attachments: A Resolution authorizing the City Manager to enter into a five (5)year contract with Bidera LLC Real Estate and Auction Services for asset liquidation services. The City charter,Sec.2-4.7 "Surplus City-owned Property,"states items of personal property shall not be sold unless and untilitis declared to be surplus property by resolution of the City commission.The City currently utilizes an asset liquidation firmto assist in the disposal and sale ofCity surplus property.Bidera LLC isalocalfirm that provides similar services,specifically tolocal municipalities. Bidera LLC offers on-line as well a traditional live auction events. The City expects to use Bidera LLCprimarilyfor the City's surplus vehicles.The Citywouldcollect the full pricefrom the property sold as there are no fees or charges to the Cityfor these services.All associated fees are collected by Bidera LLCfrom the auction participants. The Cityis recommending entering intoafive(5)year non exclusive contract with Bidera LLCto assist in the disposal and sale ofCity surplus property. $0 N/A Resolution Bidera LLC Contract City Charter,Section 2-4.7 "City-owned Property" AGREEMENT FOR ASSET LIQUIDATIONS THIS AGREEMENT,entered into this _fa_day of ^0^£20 l*f .by the CITY OF SOUTH MIAMI through itsCity Manager,both of whom shallbe hereinafter referred toas the "CITY"where applicable;and Bidera LLC RealEstate&Auction Services withanofficeandprincipalplaceof business located at 4995 NW 72 Avenue.Suite 405.Miami.FL33166.(hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS,the CITY isin need of Asset Liquidation Services;and WHEREAS,the CITY desires toretain the CONTRACTOR toprovide the required good and/or services based on the CONTRACTOR'S representations that itis qualified and capable of providing said goods and/or servicesinaprofessionalandtimely manner andin accordance withthe CITY's goalsand requirements;and WHEREAS,the CONTRACTOR has agreed toprovide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1)ENGAGEMENTOFCONTRACTOR:Based on the representations of the CONTRACTOR as set out in the following "checked"documents (check the box preceding the document to indicate that such document is part of this contract): d CONTRACTOR'S response to the City's written solicitation;or d Contractor's proposal or quote. The CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth insaid proposal,quote or response to solicitation,whichever is applicable,as modified by the Contract Documents (hereinafter referred toas the Work"). 2)Contract Documents:The Contract Documents shall include this Contract and the following "checked documents"(check the box preceding the document to indicate that such document is part of this contract) n General Conditions to Contract, X Supplementary Conditions:Bidera LLC's revised form contract ("Bidera Contract"), which is attached and initialed by the City Manager,shallbe part of the Contract Documents.The terms and conditions of the Bidera Contract shall apply hereto unless contradicted by the terms and conditions of this Contract,the latter of which shall take precedence over the Bidera Contract.TheBidera Contract shall not be signed but willonly provide additional terms and conditions to this Contract.Thisisanon exclusive contract and the Cityhas the right touse other auctioneers from time to time. •"other documents"referring to this contract and signed by the parties, Thomas F.Pepe 2014 5/13/14 Page -1 -of3 a the solicitation documents ("hereinafter referred toas"Bid Documents"includingany request forbid,proposal orsimilar request) •Scope of Services, •Contractor's response to the City's Bid Documents, d Contractor's proposal or quote, X City's Insurance Requirements, X City's Indemnification Requirements, a Payment Bond, •Performance Bond, aswellas any attachments or exhibits that are made a part of any of the "checked documents". This Contract and,ifa "checked document",the General Conditions to Contract,Supplementary Conditions,the Solicitation,Scope ofServicesand "other documents",shall take precedent over the proposal.The "checked documents"are attached hereto andmadea part hereof by reference. 3)Date of Commencement:The Contractor shall commence the performance under this Contract ona date tobe specified inaNoticeto Proceed,or Purchase Order ("Work Commencement Date"),andshall complete the performance hereunder withinN/Adaysorthelengthoftimesetforth in the Contract Documents,whichever is the shorter period of time.Timeis of the essence. 4)PrimaryContacts:Thepersoninchargeof administering this Agreement onbehalfofthe CITY is the City Manager orsuch other person as the City Manager may designate inwriting.The primary contact person for the CONTRACTOR shallbe Armando Perera. 5)Scope of Services:The goods and/or servicestobeprovidedareas set forthin the "checked documents". 6)Compensation:The Contractor's compensation for the performance ofthis contract (hereinafter referred toastheContractPrice)shallbeas set forthin Contractor's response totheCity's written solicitation,ifany,or,ifnone,then as set out in Contractor's proposal or quote,whichever is applicable,and as modified by the Contract Documents. 7)Hours of Work:Inthe event that this contract requires the performance ofservices,itis presumed that the expenses ofperformingWorkafterregularworkinghours,andonSundayandlegal holidaysisincludedin the Contract Price.However,nothing contained herein shall authorize workon daysandduring hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 8)Time Provisions:The term of this Agreement shall commence on the Work Commencement Date and shall continue for five(5)years untilit expires on June17.2019.unless earlier terminated accordingtoanyofthe terms ofthisAgreement.Notwithstanding theforegoing,this Agreement may be extended byanadditionalN/AperiodiftheextensionisinwritingandsignedbytheCityManager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. 9)Termination:Thiscontractmaybe terminated withoutcausebytheCitywith30daysof advancedwrittennotice.Thisprovision supersedes andtakes precedence overanycontraryprovisions for termination contained in the Contract Documents. Thomas F.Pepe 2014 5/13/14 Page -2-of3 10)Applicable Lawand Venue:Floridalawshallapplyto the interpretation and enforcement of this contract.Venueforall proceedings shallbeinMiami-DadeCounty,Florida. 11)Insurance,Indemnification &Bonding:CONTRACTOR shallcomplywiththeinsurance, indemnification and bonding requirements set forth in the Contract Documents. 12)LiquidatedDamages:Intheevent that theContractorshallfailto complete theWork within the time limit set forthintheContractDocuments,or the extended timelimit agreed upon,in accordance with the procedure as more particularly set forth in the Contract Documents,liquidated damages shallbepaidattherateof N/A dollarsperdayuntiltheWorkis completed. 13)JuryTrial Waiver:The parties waive their righttojurytrial. 14)Entire Agreement,Modification,and Non-waiver:The Contract Documents constitute the entire agreement of the parties and supersedes anyprior agreements,written ororal.The Contract Documents maynotbemodifiedor amended exceptinwriting,signedbyboth parties hereto.The Contract Documents,in general,andthis paragraph,inparticular,shallnotbemodifiedor amended by anyactsoromissionsoftheparties.Nofailuretoexerciseandnodelayinexercisinganyright,poweror privilegeshall operate asawaiver.NowaiveroftheContractDocuments,inwholeorpart,includingthe provisions ofthis paragraph,maybeimpliedbyany act or omission. 15)PublicRecords:CONTRACTOR andallofits subcontractors arerequiredtocomplywiththe public records law(s.119.0701)whileproviding goods and/or Serviceson behalf of the CITY and the CONTRACTOR,under such conditions,shall incorporate this paragraph inallofits subcontracts forthis Project. 16)IN WITNESS WHEREOF,theparties,haveexecutedthisContractwithfullknowledgeofits content andsignificanceand intending tobelegallyboundby the terms hereof. [Insert name of Contractor] Thomas F.Pepe 2014 5/13/14 (Print name and CITY OF SOUTtMW^MT Page-3-of3 even Alexander City Manager above) Ubidera Bidera LLC, Auctions |RealEstate|Appraisals T.305.822.5000 F.305.822.5007 www.Bidera.us Asset Liquidation Contract EMENT MADE THIS 0 ™DAY OF Ovl n*- AND BIDERA LLC,HEREIN AFTER REFERRED TO AS "AUCTIONEER-. AGREEMENT MADE THIS U ™DAY OF Q\)n^2014 ,BETWEEN ,HEREIN AFTER REFERRED TO AS "SELLER" WITNESSETH -WHEREAS THE SELLER DESIRES TOSELLAT ABSOLUTE AUCTION THE ASSETS HEREIN AFTER REFERRED TO AND FOR THAT PURPOSE TO EMPLOY THE AUCTIONEER.NOW,THEREFORE,IN CONSIDERATION OFTHEMUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED.THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: 1.THE SELLER HEREBY AGREES TOEMPLOYTHE AUCTIONEER TOSELLAT ABSOLUTE AUCTION LOCATED AT ONTHE ™DAYOF .2014..DL#_ E-MAIL PHONE#,CELLPHONE#. 2 THE AUCTIONEER HEREBY ACCEPTS SUCH EMPLOYMENT AND AGREES TO USE ITS BEST EFFORTS TO BRING ABOUT SUCH SALE OF SAID ASSETS AT ABSOLUTE AUCTION IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT AND WITH THE LAWS OF THE STATE STATUES AND CITY OF SOUTH MIAMI ORDINANCES.BIDERA LLCIS LICENSED AND INSURED. 3.THE AUCTIONEER HEREBY SHALL CAUSE SUCH SALE TOBE MARKETED INA COMMERCIALLY REASONABLE FASHION IN THE MANNER IN WHICH AUCTIONS ARE ORDINARILY ADVERTISED,AND IN ACCORDANCE WITH FLORIDA STATUTES AND CITY OF SOUTH MIAMI ORDINANCES. 4.THE SELLER AGREES THAT THE AUCTIONEER WILL REIMBURSE ITSELF FROM PROCEEDS AT EXACT COST FOR ALL ADVERTISING/MARKETING AND AUCTION EXPENSES. 5.THE AUCTIONEER WILL CHARGE AND RETAIN INFULL THE STANDARD AND CUSTOMARY BUYER'S PREMIUM.THE BUYER'S PREMIUM IS PAID FOR BY EACH INDIVIDUAL BUYER WHICH SHALL NOT EXCEED 13%CC-3%DISCOUNT FOR CASH PAYMENT 6.ANY AND ALL DEPOSITS FORFEITED BY A BIDDER SHALL BE RETAINED IN FULL BY THE AUCTIONEER.ANY ACCRUED INTEREST.IF APPLICABLE,WILL BE RETAINED BY AUCTIONEER AS AN ADMINISTRATIVE FEE. 7.THE SELLER REPRESENTS THAT ITIS THE SOLE AND ABSOLUTE OWNER OF THE PROPERTY DESCRIBED IN THIS AGREEMENT AND THAT IT HAS FULL RIGHT TO OWN AND TRANSFER THE SAME.THE SELLER HAS GOOD MARKETABLE, DEFENSIBLE TITLE,FREE AND CLEAR OFALL LIENS,ENCUMBRANCES,CLAIMS AND LIABILITIES TOALL ASSETS TOBE SOLD. 8.THE SELLER AGREES TO INDEMNIFY AND HOLD HARMLESS THE AUCTIONEER FROM ANY AND ALL CLAIMS AND ACTIONS BROUGHT AGAINST THE AUCTIONEER BY ANY PURCHASER.CREDITOR.LIENOR.ANY THIRD PARTY CONSIGNOR OR CO- OWNERS.GOVERNMENT AGENCY,ETC..DUETOTHEFAULTOFTHE CITY OF SOUTH MIAMI OR ANY OFITS OFFICERS OR EMPLOYEES. 9.THE AUCTIONEER AGREES TO INDEMNIFY AND HOLD HARMLESS THE SELLER,ANY OF ITS OFFICERS OR EMPLOYEES FROM ANY AND ALL CLAIMS AND ACTIONS BROUGHT AGAINST THE SELLER OR ANY OF ITS OFFICERS OR EMPLOYEES BY ANY PURCHASER,CREDITOR,UENOR.ANY THIRD PARTY CONSIGNOR OR CO-OWNERS.GOVERNMENT AGENCY.ETC..DUETO THE FAULT OF THE AUCTIONEER. Bidera LLC Real Estate &Auction Services 4995 NW 72 Ave Suite 405 Miami,FL 33166 T.305-822-5000 F.305-822-5007 www.Bidera.us lof 10.BOTH PARTIES AGREE THAT IN THE EVENT OF ANY LEGAL ACTION: A.RIGHTS TO A JURY TRIAL ARE WAIVED. B.THE PREVAILING PARTY WILL BE ENTITLED TO A REIMBURSEMENT OF LEGAL FEES.COST.AND EXPENSES. C.VENUE FOR ANY LITIGATION IS AGREED TO BE IN MIAMI-DADE COUNTY,FLORIDA. 11.AUCTIONEER IS REQUIRED BY THE AUCTION LICENSE LAW TO SETTLE ALL DEALS WITHIN 30 DAYS.AUCTIONEER'S POUCY IS TO SETTLE ALL DEALS BY TRUST ACCOUNT CHECK WITHIN 14 DAYS AFTER THE SALE WITH ALL PERTINENT BACK-UP ATTACHED TO A DETAILED SUMMARY 12.THE AUCTIONEER SHALLBEENTITLEDTOA"NOSALEFEE"INTHE EVENT OFA CANCELLATION/THIS FEESHALLBE 0& 13.SELLER AGREES TOPAYABUYBACKCOMMISSIONOF fl&ONALLUNAPPROVED ASSETS REMOVEDFROMTHE SCHEDULED AUCTION STARTING ON THE SIGNED AGREEMENT DAY. 14.THE AUCTIONEER SHALL BE PAID BY THE SELLER,A COMMISSION OF 0%OF THE GROSS SALE. 15.CATEGORIZING,TAGGING AND CATALOG OF INVENTORY IS figg IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE 0 ™DAY OF \)PJL1DAYOFOUrx*.2014_ ftg.YY\g^d%{e^^CK SELLER PRINT Armando Auctions Representative PRINT SELLER SIGNATURE Armando AuctiprfS Representative SIGNATURE Bidera LLC Real Estate &Auction Services 4995 NW 72 Ave Suite 405 Miami.FL 33166 T.305-822-5000 F.305-822-5007 www.Bidera.us 2 Of INSURANCE AND INDEMNIFICATION I.I Insurance - A.Without limitingits liability,thevendor,contractor,consultant orconsultingfirm (hereinafterreferredtoas"FIRM"withregardtoInsuranceandIndemnification requirements)shallberequiredto procure andmaintainatits own expense during the life of the Contract,insuranceofthetypesandin the minimum amounts statedbelowaswill protect the FIRM,fromclaimswhichmayariseoutoforresultfromthe contract orthe performanceofthecontractwiththeCityofSouth Miami,whether suchclaimisagainstthe FIRM orany sub-contractor,orbyanyonedirectlyorindirectlyemployedbyanyofthemor byanyoneforwhoseactsanyofthemmaybe liable. B.NoinsurancerequiredbytheCITYshallbeissuedor written byasurpluslinescarrier unless authorized inwritingbytheCITYandsuch authorization shallbeat the CITTs sole and absolute discretion.The FIRM shallpurchaseinsurancefromandshallmaintain the insurancewithacompanyorcompanieslawfullyauthorizedtosellinsuranceintheStateof Florida,onformsapprovedbytheStateof Florida,aswill protect the FIRM,ataminimum, fromallclaimsassetforth below whichmayarise out of or result from the FIRM's operationsundertheContractandforwhichthe FIRM maybe legally liable,whethersuch operationsbebythe FIRM orbyaSubcontractororbyanyonedirectlyorindirecdy employed byany of them,orbyanyonefbr whose actsany of them maybe liable:(a)claims under workers'compensation,disability benefitandother similar employeebenefitacts whichare applicable tothe Work tobeperformed;(b)claimsfordamagesbecauseofbodily injury,occupationalsicknessordisease,ordeathofthe FIRM's employees;(c)claimsfor damagesbecauseofbodilyinjury,sicknessordisease,ordeathofanyperson other than the FIRM's employees;(d)claimsfordamagesinsuredbyusualpersonalinjury liability coverage; (e)claimsfordamages,other thantothe Work itself,becauseofinjurytoordestructionof tangibleproperty,includinglossofuseresulting there from;(f)claimsfbrdamagesbecause ofbodilyinjury,deathofapersonorpropertydamagearisingout ofownership, maintenanceoruseofa motor vehicle;(g)claimsforbodilyinjuryor property damage arisingout ofcompletedoperations;and(h)claimsinvolvingcontractual liability insurance applicable tothe FIRM's obligationsundertheContract. 2.1 Firm's insurance generally The FIRM shall provideand maintain inforceandeffectuntil all the Work tobeperformed underthis Contract hasbeencompletedandacceptedbyCITY(orforsuchdurationasis otherwise specifiedhereinafter),theinsurancecoverage written on Florida approvedforms and as set forth below: A.Professional Liability Insuranceona Florida approvedforminthe amount of $1,000,000withdeductibleperclaimifany,notto exceed 5%of the limitof liability providing tor all sumswhichthe FIRM shall become legally obligated to payas damages for claims arising outoftheservicesorworkperformedbythe FIRM itsagents,representatives,Sub-Contractorsor assigns,orbyanyperson employed orretainedbyhimin connection withthis Contact.Thisinsurance shallbemaintainedforfouryearsaftercompletion of theconstructionand acceptanceofanyProjectcoveredbythisContact.However,the FIRM may purchaseSpecificProjectProfessional Liability Insurance,inthe amount and underthe terms specifiedabove,whichisalsoacceptable. B.Workers'Compensation Insurance atthestatutoryamountastoallemployees incompliancewiththe "Workers'Compensation Law"oftheStateof Florida includingChapter440,Florida Statutes,aspresently written orhereafter amended,andall applicable federallaws.In addition,thepolicy(ies)must include: Employers'Liability atthe statutory coverage amount.The FIRM shallfurther insurethatallofitsSubcontractorsmaintainappropriatelevelsof Worker's Compensation Insurance. C.Commercial Comprehensive General Liability insurancewithbroadform endorsement,aswellasautomobile liability,completed operationsandproducts liability,contractual liability,severabilityof interest withcross liability provision, andpersonalinjuryand property damage liability withlimitsof$1,000,000 combined singlelimitper occurrence and$2,000,000aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000perperson; •Property Damage:$500,000each occurrence; •Automobile Liability:$1,000,000each accident/occurrence. •Umbrella:$1,000,000perclaim D.UmbrellaCommercialComprehensiveGeneral Liability insurance shall be writtenona Florida approvedformwiththesamecoverageasthe primary insurancepolicybutinthe amount of$1,000,000 per claimand$2,000,000 AnnualAggregate.Coverage must beaffordedonaformno more restrictive thanthelatesteditionoftheComprehensiveGeneral Liability policy,without restrictive endorsements,asfiledby the InsuranceServicesOffice,and must include: (1)Premisesand Operation (2)Independent Contractors (3)Productsand/or Completed OperationsHazard (4)Explosion,CollapseandUnderground Hazard Coverage (5)BroadFormPropertyDamage (6)BroadFormContractualCoverage applicable tothisspecificContract, including anyholdharmlessand/or indemnification agreement. (7)Personal InjuryCoveragewithEmployeeandContractualExclusions removed,withminimumlimitsofcoverageequaltothoserequiredfor Bodily Injury Liability andPropertyDamage Liability. E.Business Automobile Liability withminimumlimits of One Million Dollars ($1,000,000.00)plusan additional Two Million Dollar ($2,000,000.00)umbrella peroccurrencecombinedsinglelimitforBodilyInjury Liability andProperty Damage Liability.Umbrellacoverage must beaffordedonaformno more restrictivethanthelatesteditionofthe Business Automobile Liability policy, without restrictiveendorsements,as filed bywiththestateof Florida,andmust include: (1)Owned Vehicles. (2)Hiredand Non-Owned Vehicles (3)Employers'Non-Ownership if- 3.1 SUBCONTRACTS: The FIRM agreesthatifanypartofthe Work undertheContractis sublet,thesubcontract shall contain the sameinsuranceprovisionassetforthinsection 5.1 aboveand5.4 below and substitutingthewordSubcontractorfortheword FIRM andsubstitutingtheword FIRM for CITY where applicable. 4.1 FireandExtendedCoverageInsurance(Builders'Risk!.IF APPLICABLE A.In the event that this contract involves the construction of a structure by the FIRM,the FIRMshallmaintain,with anInsurance Company or Insurance Companies acceptable to the CITY,"Broad"form/All RiskPropertyInsuranceincludingVandalism&MaliciousMischief coverage,on buildings andstructures,whileinthecourseofconstruction,including foundations,additions,attachments andall permanent fixturesbelonging to and constituting apartofsaid buildings orstructures.Thepolicyorpoliciesshallalsocovermachinery,if the cost ofmachineryisincludedinthe Contract,orifthemachineryislocatedina buildingthatisbeingrenovatedbyreasonofthis contract The amount ofinsurancemust, atalltimes,beatleastequal to the replacement andactualcashvalue of the insured property.Thepolicy shall beinthenameoftheCITYandthe FIRM,astheirinterestmay appear,andshallalso cover the interests of all Subcontractors performing Work. B.Allof the provisionssetforthinSection5.4hereinbelowshallapplytothiscoverage unlessit would beclearly not applicable. 5.1 Miscellaneous; A.Ifanynoticeofcancellationofinsuranceorchangeincoverageisissuedbytheinsurance company orshouldanyinsurancehaveanexpirationdatethatwill occur during the period of this contract,the FIRM shall beresponsibleforsecuring other acceptableinsurancepriorto suchcancellation,change,orexpirationsoastoprovidecontinuouscoverageasspecifiedin this section andsoastomaintaincoverageduringthelifeofthis Contract. B.Alldeductibles must bedeclaredbythe FIRM and must beapprovedbytheCITY.At the option of the CITY,either the FIRM shalleliminateor reduce such deductible orthe FIRM shallprocureaBond,inaformsatisfactorytotheCITYcoveringthesame. C.ThepoliciesshallcontainwaiverofsubrogationagainstCITY where applicable,shall expressly providethatsuchpolicyorpoliciesareprimary over any other collectible insurancethatCITYmayhave.TheCITYreservestherightatanytimetorequestacopy oftherequiredpoliciesfbrreview.Allpolicies shall containa"severabilityofinterest"or "cross liability"clause without obligationforpremiumpaymentofthe CITY,aswellas contractual liability provisioncoveringthe Contractors dutytoindemnifytheCITYas provided inthis Agreement. D.Before starting the Work,the FIRM shalldeliver to the CITY andRRM certificates of such insurance,acceptable to theCITY,aswellastheinsurancebinder,if one isissued,the insurancepolicy,includingthedeclarationpageandallapplicable endorsements andprovide thename,addressand telephone numberoftheinsuranceagentor broker throughwhom thepolicywasobtained.Theinsurer shall berated A.VII or better perA.M.Best'sKey RatingGuide,latesteditionandauthorizedtoissueinsuranceintheStateofRorida.All insurancepoliciesmustbewrittenonformsapprovedbytheStateof Florida andtheymust remainin full forceandeffectforthedurationof the contract periodwiththeCITY.The FIRM mayberequiredbytheCITY,atitssolediscretion,toprovidea"certifiedcopy"of the Policy (asdefinedinArticle I ofthisdocument)which shall includethedeclarationpage tP andallrequired endorsements.Inaddition,the FIRM shalldeliver,at the time of delivery of the insurancecertificate,thefollowing endorsements: (1)apolicyprovisionoran endorsement withsubstantiallysimilarprovisionsas follows: "TheCityofSouth Miami isan additional insured.Theinsurer shall payallsums thattheCityofSouth Miami becomes legally obligatedtopayasdamages becauseof 'bodily injury",'property damage'.or"personalandadvertising injury"anditwillprovidetotheCityallofthecoveragethatis typically providedunderthestandard Florida approvedformsfbrcommercialgeneral liabilitycoverageAandcoverageB"; (2)(b)apolicyprovisionoran endorsement withsubstantiallysimilarprovisionsas follows: "Thispolicy shall notbecancelled (including cancellation fornon-paymentofpremium),without firstgiving the City of SouthMiamiten (10)daysadvanced written notice of the intent tocancel or terminate thepolicyforanyreason." 6.1 Indemnification A.The FIRM acceptsandvoluntarilyincursallrisksofanyinjuries,damages,orharmwhich mightariseduringthe work or event thatisoccurringonthe CITTs property duetothe negligenceor other faultofthe FIRM oranyoneactingthroughoronbehalfofthe FIRM. B.The FIRM shall indemnify,defend,saveandholdCITY,itsofficers,affiliates,employees, successorsand assigns,harmlessfromanyand all damages,claims,liability,losses,claims, demands,suits,fines,judgmentsorcostand expenses,including reasonableattorney'sfees, paralegal feesand investigative costs incidental theretoandincurredpriorto,duringor following any litigation,mediation,arbitration andat all appellate levels,whichmaybe sufferedby,oraccrued against,charged toorrecoverablefromtheCityofSouth Miami,its officers,affiliates,employees,successorsand assigns,byreasonofanycausesofactionsor claim ofanykindor nature,including claims for injury to,ordeathofanypersonor personsandforthelossor damage toanyproperty arising outofa negligent error, omission,misconduct,oranygrossnegligence,intentionalactorharmful conduct ofthe FIRM,itscontractor/subcontractororanyoftheirofficers,directors,agents, representatives,employees,or assigns,oranyoneactingthroughoronbehalfofanyof them,arising outofthisAgreement,incidenttoit,or resulting fromtheperformanceor non-performance ofthe FIRM's obligationsunderthisAGREEMENTorwhicharises out of oris concerning theuseofCITYpropertyortheservice,operationor performance ofany workthatisbeingperformedfortheCITYorofanyeventthatisoccurringonthe CITYs property. C.The FIRM shall pay all claims,lossesandexpensesofanykindornaturewhatsoever,in connection therewith,includingthe expense orloss of theCITYand/oritsaffectedofficers, affiliates,employees,successorsand assigns,including theirattorney'sfees,inthedefense ofany action inlaworequitybroughtagainst themand arising fromthe negligent error, omission,oractofthe FIRM,its Sub-Contractor oranyoftheir agents,representatives, employees,or assigns,and/or arising outof,orincidentto,thisAgreement,orincidentto rlr? or resulting from the performance or non-performance ofthe FIRM's obligations underthis AGREEMENT.. D.The FIRM agrees and recognizes thatneithertheCITYnorits officers,affiliates,employees, successorsand assigns shall beheld liable orresponsiblefbrany claims,including thecosts andexpensesof defending such claims whichmayresultfromorariseoutofactionsor omissions of the FIRM,its contractor/subcontractor orany of their agents,representatives, employees,or assigns,oranyoneactingthroughoronbehalfofthethem,and arising out oforconcerningtheworkoreventthatisoccurringontheCITY'Sproperty.Inreviewing, approving orrejectingany submissions oractsofthe FIRM,CITYinnowayassumesor snares responsibility or liability fortheactsoromissionsofthe FIRM,its contractor/subcontractor oranyoftheiragents,representatives,employees,or assigns,or anyoneactingthroughoronbehalfofthem. E.The FIRM hasthedutytoprovideadefensewithan attorney orlawfirmapprovedbythe City of SouthMiami,whichapprovalwill not beunreasonably withheld. op Municode Page1 of 1 Sec.2-4.7.-Surplus city-owned property. (a)Itemsofpersonalpropertyownedbythecityshallnotbesoldunlessand until itisdeclaredtobesurplus property by resolution of the city commission. (b)The city commission shallnot consider declaring anyitemof personal property tobe surplus unless thecity manager has affirmatively recommended such action thereon. (c)Upon determination by resolution bythecity commission that anitemof personal property is surplus,thecity manager is hereby authorized tosellto the highest bidder atpublic sale or,if approved bythe commission by resolution,at public auction,said itemof personal property after advertising the date,timeand place of said sale orauction once a week forthree(3)consecutive weeks ina newspaper of general circulationinthecity. Thecity manager shallhavetherightto acceptor rejectanyorallbids.In the event the personal propertyshall beofferedfor sale orauction,andnobidsshallbereceivedtherefor,itshallbe deemed thatsuchpropertyhas no value and the city manager inhis discretion may order it destroyed or otherwise disposed of. (d)This section shallnotapplytostolen,abandoned or confiscated personal propertywhich has comeintothe city's possession. (Ord No.810,§§1—4,2-5-74) Editor's note—Ord.No.810didnotexpressiyamendthisCode,hence codification of§§1—4 as§2-4.7 wasatthe discretion of the editors. http://library.municode.com/printaspx?clientID=l 1587&HTMRequest=http%3a%2f%2fli...3/11/2011 Detail by Entity Name Florida Department of State Division of Corporations Detail by Entity Name Florida Limited Liability Company BIDERA LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Effective Date Principal Address 4995 NW 72 Ave 405 Miami,FL 33166 Changed:01/30/2014 Mailing Address L13000090491 46-3100185 06/24/2013 FL ACTIVE 06/24/2013 4995 NW 72 Ave 405 Miami,FL 33166 Changed:01/30/2014 Registered Agent Name &Address PERERA,ARMANDO 8950 NE 8 Ave 302 MIAMI,FL 33138 Address Changed:01/30/2014 Authorized Person(s)Detail Name &Address Title MGR PERERA,ARMANDO 8950 NE 8 Ave 302 MIAMI,FL 33138 Page 1 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Entity...6/6/2014 Detail by Entity Name Page 2of3 Annual Reports Report Year Filed Date 2014 01/30/2014 Document Images 01/30/2014 -ANNUAL REPORT View image inPDF format 06/24/2013-Florida Limited Liability ViewimageinPDFformat Copyright ©and Privacy Policies State of Florida,Department of State http://search.sunbiz.or 6/6/2014 2014 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT*L13000090491 Jan 30,2014 * Entity Name:BIDERA LLC Si™l^t?!?e7CC0075446593 Current Principal Place of Business: 4995 NW 72 AVE 405 [ MIAMf,FL 33166 Current Mailing Address: 4995!NW72AVE 405. MIAMI,FL 33166 US FEI Number:46-3100185 Certificate of Status Desired:No Namb and Address ofCurrentRegisteredAgent: PERERA,ARMANDO 8950 NE 8 AVE 302 MIAMI,FL 33138 US The abovenamedentitysubmits thisstatement for the purpose of changing its registered office or registered agent,or both,intheStateof Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s)Detail: Title ;MGR Name PERERA,ARMANDO Address 8950 NE 8 AVE 302 City-State-Zip:MIAMIFL 33138 Ihereby certify that the information indicated onthis report orsupplemental report is true and accurate and that myelectronic signature shall have the same legal effect asifmade under oath;the}Iam amanaging member ormanager ofthe limited liability company orthe receiver ortrustee empowered to execute this report asrequired byChapter 605,Florida Statutes;and thatmynameappearsabove,oronanattachmentwithallotherlikeempowered. SIGNATURE:ARMANDO PERERA PRESIDENT 01/30/2014 Electronic Signature of Signing Authorized Person(s)Detail Date MIAMI HERALD I MiamiHerald.com VILLAGE OF PINECREST Public Notice On Tuesday,July 8,2014,at8:00 p.m.,the Village Council will conduct the following Public Hearing tobe held at the Pinecrest Municipal Center,Council Chamber,12645 Pinecrest Parkway,Pinecrest,Florida: Hearing #2014^)708-1.Christ the King Lutheran Church,the applicant,is requesting approval ofa conditional use permit and amended site development plan for the establishment ofa14,400 square foot daycareand pre-school/kindergarten for 216 students within an existing building inthe PS District with proposed site improvements to includejaa'dirional landscaping,fencing and improvement of 16 parking spaces for the property locdfed;at-||295 Red Road. All in!eres»ed por»ie$are urged to attend.Objections or expressions of approval maybe made In person atthe Hearing orHied inwriting prior toorat the hearing.Interested parties requesting information are asked tocontact the Building and Planning Department by calling 305.234.2121,via e-mail at pianning@pinecrest-fl.gov or writing to the department at 12645 Pinecrest Parkway,Pinecrest,Fbrida 33156.Refer totheHearing Number when making an inquiry. In accordance with the Americans with Disabilities Actof 1990,all persons whoare disabled andwhoneed special accommodations to participate inthis meeting because of that disability should contact theVillage Clerk at (305)234-2121 notlater than four business days prior tosuchproceeding. Should any person decide to appeal any decision of the Village Council with respect toany matter considered at such meeting or hearing,that person will need a record ofthe proceedings and,for such purpose,mayneed to ensure thata verbatim record ofthe proceedings ismade,whichrecord includes the testimony and evidence upon whichtheappealistobebased (F.S.286.0105). GuidoH.Inguanzo,Jr.,CMC VillageClerk www.pinecrest-fl.gov SUNDAY,JUNE 8,2014 |29SE CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY giventhattheCity Commission oftheCityofSouth Miami,Florida willconductPublic Hearing®atits regular City Commission meeting scheduled for Tuesday.June17.2014 beginning at 7:00p.m.,inthe City Commission Chambers,6130Sunset Drive,toconsiderthe following item(s): AResolution authorizing the City Manager toenterinto a five (5)yearcontract agreement withLaz Parking, Inc.foranamountnottoexceed$1,120,419fora five(5)year period. AResolution forSpecial UseApproval to permit a general restaurant at5701SunsetOrive,Shopsat SunsetPlaceUnit C11D,within the Specialty Retail MSR",Hometown District Overlay "HD-OV. AResolution amending a Special UseApproval to permit a public carwashat5795South Dixie Highway, within theTODD Light Industrial T0DD-U4"zoning usedistrict tk Resolution authorizing the City Manager to enter into afive (5)year contract with Bidera LLC Real Estate f and Auction Services for asset liquidating services. AnOrdinance amending Section 7-3ofthe Code of Ordinances including the establishment ofaparks and recreation facilities impact fee category,and creating Section 7-3.2 establishing regulations forthe collection ofimpactfees. ALL interestedpartiesare invited toattendandwillbeheard. Forfurtherinformation,pleasecontactthe City Clerk'sOffice at 305-663-6340. MariaM.Menendez,CMC CityClerk Pursuant to Florida Statutes 286.0105.theCity hereby advises the public thatifa person decides to appeal anydecision madebythisBoard, Agency or Commission withrespect toanymatter considered atits meeting orhearing,heorshewill needa record ofthe proceedings, andthatforsuchpurpose,affectedpersonmayneedtoensurethataverbatimrecordofthe proceedings ismadewhichrecordincludesthe testimonyandevidenceuponwhichtheappeal is tobe based. •> Priced to sell at $864,600 1211 Mariana Ave,Coral Gables,FL 33134 Spectacular,move-in-ready,Spanish-Alhambra style Coral Gables home. Built in 2002 with allthe modern amenities including impact windows yet with details,feel and charm ofa 1926 home.Located inthe North Gables section of Coral Gables where you are centrally located to the best schools,shopping and dining while remaining in an enclave of elegance and greenery. •2,515sf •3 Bedroom,3 Bath •Formal dining room •Family room •Cozy court yard with fountain •Romeo and Juliet balconies •Marble master bath with steam shower DUB A Calixto A.Navarro CABA Real Estate calixtorealestate@gmail.com cell:786-210-8713 You've Got A Friend in the Real Estate Business MIAMI DAILY BUSINESS REVIEW PublishedDaily except Saturday,Sunday and LegalHolidays Miami,Miami-DadeCounty,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonally appeared M.ZALDIVAR,whoonoath says thatheor she isthe LEGAL CLERK,LegalNoticesofthe Miami DailyBusiness Reviewf/k/a Miami Review,adaily(exceptSaturday,Sunday and LegalHolidays)newspaper,published atMiamiinMiami-Dade County,Florida;thatthe attached copyof advertisement, being aLegal Advertisement ofNoticein the matter of CITY OF SOUTH MIAMI NOTICEOFPUBLIC HEARING FORJUNE17,2014 in the XXXX Court, waspublishedinsaid newspaper (n the issues of 06/06/2014 Affiant further saysthatthesaid Miami Daily Business Reviewisa newspaper published atMiamiin said Miami-Dade County,Florida andthatthesaidnewspaperhas heretofore been continuously published insaid Miami-Dade County, Florida,eachday (except Saturday,Sundayand Legal Holidays) andhasbeenenteredassecondclass mail rnatter atthepost officein Miami insaid Miami-Dade County,Florida,fora periodofoneyearnextprecedingthefirstpublicationofthe attachedcopyof advertisement;and affiant further saysthatheor shehas neither paid nor promised any person,firm or corporation any discount,rebate,commission or refund forthe purpose ofsecuringthisadvertisementfogsublication inthesaid newspaper. (SEAL) M.ZALDIVAR personallyknowntome «ffliidftiiiffr r~A A "»A A *"**"•0kmM 4SSQS**B.THOMAS *OT*rC&&Notary Public -State of Florida |«6 flr 3-1 My Comm.Expires Nov 2,2017 *$$g22g£Commission #FF 034747 ''''StffioV*Bonded Through National Notary Assn. W v %|M'V W g»l"H»""W 'UT^HE'"^ u&ti£a^&im