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8THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: AMOUNT: ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager June 17, 2014 Agenda Item No. : __ 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 until it is declared to be surplus property by resolution of the City commission. The City currently utilizes an asset liquidation firm to assist in the disposal and sale of City surplus property. Bidera LLC is a local firm that provides similar services, specifically to local municipalities. Bidera LLC offers on-line as well a traditional live auction events. The City expects to use Bidera LLC primarily for the City's surplus vehicles. The City would collect the full price from the property sold as there are no fees or charges to the City for these services. All associated fees are collected by Bidera LLC from the auction participants. The City is recommending entering into a five (5) year non- exclusive contract with Bidera LLC to assist in the disposal and sale of City surplus property. $0 N/A Resolution Bidera LLC Contract City Charter, Section 2-4.7 "City-owned Property" RESOLUTION NO.: _________ _ 2 3 A Resolution authorizing the City Manager to enter into a five (5) year contract ·4 with Bidera LLC Real Estate and Auction Services for asset liquidation services. 5 6 WHEREAS, the City charter, Sec. 2-4.7 "Surplus City-owned Property," states items of 7 personal property shall not be sold unless and until it is declared to be surplus property by 8 resolution of the City commission; and 9 10 WHEREAS, the City Manager is authorized to sell property deemed surplus and 11 determined by resolution by the City Commission to the highest bidder at public sale or auction; 12 and l3 14 WHEREAS, Bidera LLC Real Estate and Auction Services is a local company that provides 15 asset liquidation services; and 16 17 WHEREAS, the City desires to enter into a five (5) year non-exclusive contract with 18 Bidera LLC Real Estate and Auction Services to assist in the disposal of City assets determined to 19 be surplus. 20 21 NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY 22 OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. The City Manager is authorized to enter into a five (5) year contract with 25 Bidera LLC Real Estate and Auction Services for asset liquidation services and as such is a non- 26 exclusive contract that can be exercised, at the discretion of the City Manager, when City 27 surplus property becomes available. A copy of the contract is attached. 28 29 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 30 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 31 shall not affect the validity of the remaining portions of this resolution. 32 33 Section 3. Effective Date: This resolution shall take effect immediately upon 34 enactment. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PASSED AND ENACTED this __ day of _____ , 2014. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Edmond: AGREEMENT FOR ASSET LIQUIDATIONS THIS AGREEMENT, entered into this -Ii-day of _~. __ J 20J!!-, by the CITY OF SOUTH MIAMI through its City Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; and Bidera LLC Real Estate & Auction Services with an office and principal place of business located at 4995 NW 72 Avenue, Suite 405, Miami, FL 33166, (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of Asset Liquidation Services; and WHEREAS, the CITY desires to retain the CONTRACTOR to provide the required good and/or services based on the CONTRACTOR's representations that it is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, the CONTRACTOR has agreed to provide 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) ENGAGEMENT OF CONTRACTOR: 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): CONTRACTOR's response to the City's written solicitation; or Contractor's proposal or quote. The CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents (hereinafter referred to as 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) u General Conditions to Contract, X Supplementary Conditions: Bidera LLC's revised form contract ("Bidera Contract"), which is attached and initialed by the City Manager, shall be 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. The Bidera Contract shall not be signed but will only provide additional terms and conditions to this Contract. This is a non- exclusive contract and the City has the right to use other auctioneers from time to time. i "other documents" referring to this contract and signed by the parties, Thomas F. I'epe 2014 5/13/14 Page -1 -of 3 the solicitation documents ("hereinafter referred to as "Bid Documents" including any request for bid, proposal or similar request) [} Scope of Services, I.J Contractor's response to the City's Bid Documents, rJ Contractor's proposal or quote, X City's Insurance Requirements, X City's Indemnification Requirements, [} Payment Bond, Performance Bond, as well as any attachments or exhibits that are made a part of any of the "checked documents". This Contract and, if a "checked document", the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "other documents", shall take precedent over the proposal. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: The Contractor shall commence the performance under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order ("Work Commencement Date"), and shall complete the performance hereunder within.J!llL days or the length of time set forth in the Contract Documents, whichever is the shorter period of time. Time is of the essence. 4) Primary Contacts: The person in charge of administering this Agreement on behalf of the CITY is the City Manager or such other person as the City Manager may designate in writing. The primary contact person for the CONTRACTOR shall be Armando Perera. 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The Contractor's compensation for the performance of this contract (hereinafter referred to as the Contract Price )shall. be as set forth in Contractor's response to the City's written solicitation, if any, or, if none, then as set out in Contractor's proposal or quote, whichever is applicable, and as modified by the Contract Documents. 7) Hours of Work: In the event that this contract requires the performance of services, it is presumed that the expenses of performing Work after regular working hours, and on Sunday and legal holidays is included in the Contract Price. However, nothing contained herein shall authorize work on days and during 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 until it expires on June 17, 2019, unless earlier terminated according to any of the terms of this Agreement. Notwithstanding the foregoing, this Agreement may be extended by an additional_N/A period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. 9) Termination: This contract may be terminated without cause by the City with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. Thomas F. Pepc 2014 5/13/14 Page· 2· of 3 10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this contract. Venue for all proceedings shall be in Miami-Dade County, Florida. 11) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. 12) Liquidated Damages: In the event that the Contractor shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of ~ dollars per day until the Work is completed. 13) Jury Trial Waiver: The parties waive their right to jury trial. 14) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 15) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (5.119.0701) while providing goods and/or Services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. 16) IN WITNESS WHEREOF, the parties, have executed this Contract with full knowledge of its content and significance and intending to be legally bound by the terms hereof. ATTESTED: By: __ _ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: ________ . ____ _ Thomas F. Pepe, Esq. City Attorney Thomas F. Pepc 2014 5/13/14 [Insert name of Contractor] (Print name and title above) CITY OF SOUTH MIAMI By: __ _ Page -3 -of 3 Steven Alexander City Manager Hidera LLC, Auctions I Real Estatc i Appraisals T.305.822.5000 F. 305.822.5007 www.Bidera.lls Asset Liquidation Contract AGREEMENT MADE n·US ___ u",I,--_TH DAY OF __ ~ •. =,~,-,~,-i :...' _, ___________ 2014 __ . BETWEEN U1:\ (;, ! <;;~" ·Il" 10\ \ (.\ Y'{\ \' • HEREIN AFTER REFERRED TO AS "SELLER" J t AND BIDERA LLC. HEREIN AFTER REFERRED TO AS "AUCTIONEER". WITNESSETH -WHEREAS THE SELLER DESIRES TO SELL AT ABSOLUTE AUCTION THE ASSETS HEREIN AFTER REFERRED TO AND FOR THAT PURPOSE TO EMPLOY THE AUCTIONEER NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: THE SELLER HEREBY AGREES TO EMPLOY THE AUCTIONEER TO SELL AT ABSOLUTE AUCTION, _____ _ LOCATEDAT _________ _ ON THE ____ om DAY OF ___________ .2014 .. 0 L # _____________ _ E-MAIL PHONE # . __ . CELL PHONE # 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 LLC IS LICENSED AND INSURED. 3. THE AUCTIONEER HEREBY SHALL CAUSE SUCH SALE TO BE MARKETED IN A 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 IN FULL 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 THE SELLER REPRESENTS THAT IT IS 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 OF Al.L LIENS. ENCUMBRANCES. CLAIMS AND LIABILITIES TO ALL ASSETS TO BE SOLO. 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 .. DUE TO THE FAULT OF THE CITY OF SOUTH MIAMI OR ANY OF ITS 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, LIENOR, ANY THIRD PARTY CONSIGNOR OR CO-OWNERS. GOVERNMENT AGENCY. ETC .. DUE TO 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 POLICY 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 SHALL BE ENTITLEDTOA'NO SALE FEE" IN THE EVENT OF A CANCELLATION. THIS FEE SHALL BE 0%. 13 SELLER AGREES TO PAY A BUY BACK COMMISSION OF 0% ON ALL UNAPPROVED ASSETS REMOVED FROM THE 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 0% IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE _____ ..:::. ____ TH DAY OF _-""""'-.!...::.-'-______________ , 2014 _______ _ /' i /'" r-f{tVY\dl/\(I\) I SELLER PRINT Armando Auctions Representative PRINT SELLER SIGNATURE Armando Auctipr?s' Representative SIGNATURE BidNa 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 1.1 Insurance - A. Without limiting its liability, the vendor, contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personaj injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (I) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 2.1 Firm's Insurance Generi!.lli! The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this Contact. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Contact. However, the FIRM may purchase Specific Project Professional Liability Insurance. in the amount and under the terms specified above. which is also acceptable. B. Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440. Florida Statutes, as presently written or hereafter amended. and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. C. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision. and personal injury and property damage liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000.000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1.000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim D. Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy. without restrictive endorsements, as fried by the Insurance Services Office, and must include: (I) (2) (3) (4) (5) (6) Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Explosion. Collapse and Underground Hazard Coverage Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (7) Personal Injury Coverage with Employee and Contractual Exclusions removed. with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. E. Business Automobilg Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida. and must include: (I) Owned Vehicles. (2) (3) Hired and Non-Owned Vehicles Employers' Non-Ownership 3.1 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet. the subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5,4 below and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 4.1 Fire and Extende.d Coverage Insurance (Builders' Risk). If APPLICABLE: A In the event that this contract involves the construction of a structure by the FIRM. the FIRM shall maintain. with an Insurance Company or Insurance Companies acceptable to the CITY. "Broad" form/All Risk Property Insurance including Vandalism & Malicious Mischief coverage. on buildings and structures. while in the course of construction. including foundations. additions. attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery. if the cost of machinery is included in the Contract. or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must. at all times. be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the fiRM. as their interest may appear. and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section 5,4 herein below shall apply to this coverage unless it would be clearly not applicable. 5.1 Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract. the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation. change. or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY. either the FIRM shall eliminate or reduce such deductible or the fiRM shall procure a Bond. in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable. shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. as well as contractual liability provision covering the Contractors duty to indemnify the CITY as provided in this Agreement. D. Before starting the Work. the fiRM shall deliver to the CITY and FIRM certificates of such insurance. acceptable to the CITY. as well as the insurance binder. if one is issued. the insurance policy. including the declaration page and all applicable endorsements and provide the name. address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide. latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY. at its sole discretion. to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) (b) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), without first giving the City of South Miami ten (10) days advanced written notice of the intent to cancel or terminate the policy for any reason." 6.1 Indemnification A. The FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the FIRM or anyone acting through or on behalf of the FIRM. B. The FIRM shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the FIRM, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the FIRM's obligations under this AGREEMENT or which arises out of or is concerning the use of CITY property or the service, operation or performance of any work that is being performed for the CITY or of any event that is occurring on the CITY's property. C. The FIRM shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the FIRM, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the FIRM's obligations under this AGREEMENT .. D. The FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval wi" not be unreasonably withheld. (' {It / l' Municode Page 1 of 1 Sec. 2-4.7.-Surplus city-owned property. (a) Items of personal property owned by the city shall not be sold unless and until it is declared to be surplus property by resolution of the city commission. (b) The city commission shall not consider declaring any item of personal property to be surplus unless the city manager has affirmatively recommended such action thereon. (c) Upon determination by resolution by the city commission that an item of personal property is surplus, the city manager is hereby authorized to sell to the highest bidder at public sale or, if approved by the commission by resolution, at public auction, said item of personal property after advertising the date, time and place of said sale or auction once a week for three (3) consecutive weeks in a newspaper of general circulation in the city. The city manager shall have the right to accept or reject any or all bids. In the event the personal property shall be offered for sale or auction, and no bids shall be received therefor, it shall be deemed that such property has no value and the city manager in his discretion may order it destroyed or otherwise disposed of. (d) This section shall not apply to stolen, abandoned or confiscated personal property which has come into the city's possession. (Ord. No. 810, §§ 1-4, 2-5-74) Editor's note-Ord. No. 810 did not expressly amend this Code, hence codification of §§ 1-4 as § 2-4.7 was at the discretion of the editors. http://library.municode.com/print.aspx?clientID= 115 87 &HTMRequest=http%3a%2fUIo2f1i... 311112011 Detail by Entity N arne Page 1 of3 fflill!h ~,~k"~ FLORIDA DEPARTMENT OF STATE ~I"'li~~f:. .d DIVISION OF CORPORATIONS ~"i;\l~ii Detail by Entity Name Florida Limited Liability Company BIDERA LLC Filina Information Document Number FEI/EIN Number Date Filed state Status Effective Date Princioal Address 14995 NW 72 Ave 1405 Miami, FL 33166 Changed: 01/30/2014 Mailina Address 14995 NW 72 Ave 1405 Miami, FL 33166 Changed: 01/30/2014 L13000090491 46-3100185 06/24/2013 FL ACTIVE 06/24/2013 Reaistered Aaent 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 http:// search. sunbiz.org/Inquiry ICorporationSearch/SearchResultDetaiI/Entity... 616/2014 Detail by Entity N arne Annual Reports Report Year 2014 Filed Date 01/30/2014 Document Imaaes 01/30/2014 --ANNUAL REPORT View image in PDF format 06/24/2013 --Florida Limited Liability I View image in PDF format Copyright © and Privacy Policies State of Florida, Department of State Page 2 of3 http:// search. sunbiz. org/lnquiry ICorporationSearch/SearchResultDetail/Entity... 616/2014 2014 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L 13000090491 Entity Name: BIDERA LLC Current Principal Place of Business: 4995 NW 72 AVE 405 MIAMt, FL 33166 Current Mailing Address: 4995. NW 72 AVE 405 MIAMI, FL 33166 US FEI Number: 46·3100185 Name and Address of Current Registered Agent: PERERA, ARMANDO 8950 NE 8 AVE 302 MIAMI, FL 33138 US FILED Jan 30, 2014 Secretary of State CC0075446593 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail : Title MGR Name PERERA,ARMANDO Address 8950 NE 8 AVE 302 City-State-Zip: MIAMI FL 33138 Date I herebY certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same /egal effect as if made under oath; th~t I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: ARMANDO PERERA PRESIDENT 01/30/2014 Electronic Signature of Signing Authorized Person(s) Detail Date MIAMI HERALD MiamiHerald.com VILLAGE OF PINECREST Public Notice On Tuesday, July 8, 2014, at 8:00 p.m., the Village Cauncil will conduct the following Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida: Hearing #2014-0708-1. Christ the King Lutheran Church, the applicant, is requesting approval of a conditional use permit and amended site development plan for the establishment of a 14,400 square foot daycare and pre-school/kindergarten for 216 students within an existing building in the PS District with proposed site improvements to include additional landscaping, fencing and improvement of 16 parking spaces for the property located at 11295 Red Road. All interested porties ore urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or 01 the hearing. Interested parties requesting information are asked to contact the Building and Planning Department by calling 305.234.2121, vic e-moil at planning@pinecrest-fLgov or writing to the department at 12645 Pinecrest Parkway, Pinecrest, florida 33156. Refer to the Hearing Number when making an inquiry. In accordance with the Americans with Disabilities Act of 1990, o!J persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 1305) 234-2121 not later than four business days prior to such proceeding. Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is ta be based IF.S. 286.01051. Guido H. lnguonzo, Jr" CMC Village Clerk www.pinecrest-fl.gov Priced to sell at $864,600 1211 Mariana Ave, Coral Gables, FL 33134 SE CITY OF SOUTH MIAMI COURTESY NOTICE 29SE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, June 17. 2014 beginning at 7:00 p.m" in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to enter into a five (5) year contract agreement with Laz Parking, Inc. for an amount not to exceed $1,120,419 for a five (5) year period. A Resolution for SpeCial Use Approval to permit a general restaurant at 5701 Sunset Drive, Shops at Sunset Place Unit C11 0, within the Specialty Retail "SR", Hometown District Overlay "HD-OV". A Resolution amending a Special Use Approval to permit a public car wash at 5795 South Dixie Highway, within the TODD Light Industrial "TODD-Li4" zoning use district. I A. Resolution authorizing the City Manager to enter into a five (5) year contract with Bidera LLC Real Estate) ~nd Auction Services for asset liquidating services. An Ordinance amending Section 7-3 of the Code of Ordinances including the establishment of a parks and recreation facilities impact fee category, and creating Section 7-3.2 establishing regulations for the collection of impact fees. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the pubHc that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a Verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. Spectacular, move-in-ready, Spanish-Alhambra style Coral Gables home. Built in 2002 with all the modern amenities including impact windows yet with details, feel and charm of a 1926 home. Located in the 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. [ A ( ~"0.",, Calixto A_ Navarro CABA Real Estate calixtorealestate@gmail.com • 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 cell: 786-210-8713 You've Got A Friend in the Real Estate Business MIAMI CAlLY 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 M, ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a 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 NOTICE OF PUBLIC HEARING FOR JUNE 17, 2014 in the XXXX Court, was published in said newspaper in the issues of 06/06/2014 Affiant 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 advertisement for ublication in the said newspaper. (SEAL) M, ZALDIVAR personally known to me •• ,,, .... ,,, 8, THOMAS .,. ..... f.!y p ~,~ • " (~10 Notary Public -State of Florida • ~ My Comm. Expires Nov 2, 2017 ';"'.. ~l Commission # FF 034747 ~11': ~ ... ~'" ",f,gf,:,\,"" Bonded Through National Notary Assn.