Loading...
2004-25711 Reso RESOLUTION NO. 2004-25711 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF AUCTIONEERS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 30-03/04 FOR THE SELECTION OF AN AUCTIONEER TO SELL TO THE HIGHEST BIDDER CITY-OWNED PROPERTY LOCATED AT 2620 BIARRITZ DRIVE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM OF FISHER AUCTION CO. INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM OF NATIONAL AUCTION COMPANY; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATIONo WHEREAS, a special election was held on March 9, 2004, where a voter referendum approved the sale of City-owned property located at 2620 Biarritz Drive to the highest bidder; and WHEREAS, the proceeds from the sale of the property will be used for the City's renovation of the Normandy Shores Golf Course; and WHEREAS, on April 22, 2004, an appraisal report prepared by Integra Realty Resources estimating the market value of the property to be $870,000, was forwarded to the Mayor and City Commission via Letter to Commission No. 91-2004; and WHEREAS, on May 5, 2004, the Mayor and City Commission accepted a recommendation from the Administration to refer to the Finance and Citywide Projects Committee for discussion, the alternate options to consider by which the property will be offered for sale to ensure the highest and best price is achieved; and WHEREAS, on May 19, 2004, the Finance and Citywide Projects Committee met to discuss the alternative methods of sale of the property and determined that by selecting a professional real estate auctioneer, the process would be open, fair and competitive; and WHEREAS, the Mayor ant City Commission, at its June 9, 2004 meeting, authorized the Administration to issue a Request for Proposals (RFP) for the selection of an auctioneer to sell to the highest bidder, City-owned property located at 2620 Biarritz Drive; and WHEREAS, on June 21,2004, RFP No. 30-03/04 was issued and notices sent to 26 individuals or firms; and WHEREAS, on the specified due date of July 27 2004, the Procurement Department received responses to the RFP from Fisher Auction Company and National Auction Company; and WHEREAS, on August 26, 2004, the City Manager, via Letter to Commission (LTC) No. 206-2004, appointed an Evaluation Committee (the Committee) consisting of the following individuals: 1) Jose Damien, Asset Manager, CMB; 2) Margarita Ramos-Herrera, North Beach Resident; 3) Stephen Hertz - North Beach Resident; 4) Leon Manne, North Beach Resident; 5) Alfredo Rey - Real Estate Broker/Resident; 6) Silvia Rotbart - Real Estate Broker/Resident; 7) Kevin Smith - Parks and Recreation Director, CMB; and WHEREAS, the Evaluation Committee convened on September 23, 2004, and was provided with an overview of the project information from the Procurement Department and information relative to the City's Cone of Silence Ordinance, Government in the Sunshine Law, and an overview of the project from Joe Damien, Project Manager; and WHEREAS, the Committee listened to presentations from Fisher Auction Company and National Auction Company, and engaged in question and answer sessions with the proposers; and WHEREAS, the Evaluation Committee scored the two firms based on the following criteria, as outlined in the RFP, for a maximum possible total of 100 points: . Experience and qualifications of the firm - 15 points; . Experience and qualifications of the Auctioneer(s) Assigned to Sell the Property - 30 points; . Methodology and Approach - 15 points; . CostlFees- 20 points; Past Performance - 20 points; and WHEREAS, the five members present for the meeting scored the firms as follows: FISHER FISHER NATIONAL NATIONAL COMMITTEE ~UCTION fA.UCTION AUCTION IAUCTION MEMBER SCORE RANKING SCORE RANKING ~OSE DAMIEN 93 151 86 nd MARGUERITE RAMOS-HERRERA 100 151 90 ~nd STEPHEN HERTZ 100 151 85 ~nd <- SILVIA ROT BART 75 151 171 ~nd <- KEVIN SMITH 87 151 72 ~nd WHEREAS, during the discussions, the Committee articulated that while both proposers had the experience to sell the property, Fisher Auction Company was ranked higher for providing a more comprehensive approach to the project; and WHEREAS, the Committee considered Fisher Auction Company's presentation to be more professional and concise than National Auction Company's presentation; and WHEREAS, while both Auctioneers supplied positive reference contacts in their proposals, Fisher Auction Company took the initiative to include over 100 reference letters in their initial submission, while National Auction Company provided letters upon request; and WHEREAS, the City Manager has reviewed the findings of the Evaluation Committee and concurs with its ranking. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 30-03/04, for the Selection of an Auctioneer to Sell to the Highest Bidder City Owned Property Located at 2620 Biarritz Drive; authorize the Administration to enter into negotiations with the top-ranked firm of Fisher Auction Co. Inc.; and should the Administration not be able to negotiate an agreement with the top-ranked firm, authorize the / dministration to negotiate with the second-ranked firm of National Auction Company; and furtl1er utho ize the Mayor and City Clerk to execute an agreement upon the completion of successful negotia ons y the Administration. PASSED and ADOPTED this 13th day of October, ",004. ATT~ ~ 4tvJw-- CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION T:IAGENDAl200410CT1304lConsentlAuctioneerReso.doc ~/":kl.o'l CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ - Condensed Title: A Resolution Accepting the City Manager's Recommendation Pertaining to the Ranking of Auctioneers; Authorizing the Administration to Enter into Negotiations, and Authorizing the Mayor and City Clerk to Execute an Agreement for the Selection of an Auctioneer to Sell to the Highest Bidder City-Owned Property Located at 2620 Biarritz Drive. Issue: I Shall the Commission Adopt the Resolution? Item Summarv/Recommendation: A Special Election was held on March 9, 2004 where a voter referendum approved the sale of City-owned property to the highest bidder located at 2620 Biarritz Drive. The proceeds from the property will be used for the City's renovation of the Normandy Shores Golf Course. Request for Proposals (RFP) No. 30-03/04 was issued for the selection of an Auctioneer to sell the property, as authorized by the City Commission at its June 9, 2004 meeting. Proposals were received from Fisher Auction Co. Inc. and National Auction Company. An Evaluation Committee appointed by the City Manager reviewed the proposals, listened to presentations, scored and ranked the two proposals. While the Committee believed that both Auctioneers were qualified and had the experience to sell the property, Fisher Auction Co. Inc. was deemed to provide a more comprehensive methodology to their approach to the project. The Committee also considered Fisher's presentation more professional, with details provided in a concise manner. The Committee believed National Auction's presentation to be on more personal level, however, it was not as structured and lacked the level of detail that was anticipated. The Evaluation Committee ranked Fisher Auction higher than National Auction Company pursuant to the evaluation criteria established in the RFP. ADOPT THE RESOLUTION. Adviso Board Recommendation: The Finance and Citywide Projects Committee at its May 19, 2004 meeting recommended that the Administration go forward with an RFP to select a Professional Real Estate Auctioneer for the sale of the Ci "Owned ro e located at 2620 Biarritz Drive. Financiallnfonnation: Source of Funds: 1 2 Amount Not to exceed $12680.00 Not to exceed 6% Of Sales Price Account Marketing and advertising fees provided from roceeds from sale of the ro e Commission or Buyer's Premium provided from proceeds from sale of the ro Approved D Finance Dept. 3 4 Total Assistant City Manager/CFO JMG T:\AGENDA\2004\Oct1304\Consent\AuctioneerSummary.doc AGENDA ITEM DATE C7D /tJ-(?-orr CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez 0 ~.. City Manager d Date: October 13, 2004 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF AUCTIONEERS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 30-03/04 FOR THE SELECTION OF AN AUCTIONEER TO SELL TO THE HIGHEST BIDDER CITY- OWNED PROPERTY LOCATED AT 2620 BIARRlTZ DRIVE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM OF FISHER AUCTION CO. INC., AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM OF NATIONAL AUCTION COMPANY; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. AMOUNT AND FUNDING Funding will consist of marketing and advertising expenses not to exceed $12, 680.00, and either a buyer's premium or commission of not to exceed 6% of the total purchase price of the property. These fees are subject to negotiation with the Administration. Funding for these fees will be provided from the proceeds of the sale of the property. ANALYSIS The Mayor and City Commission at its December 10, 2003 meeting, adopted Resolution No. 2003- 25440 calling for a special election to be held on March 9, 2004, for the purpose of submitting to the electorate of the City of Miami Beach (the "City") a question asking whether the City should sell waterfront property located at 2620 Biarritz Drive in Miami Beach, Florida (the "Property"), with the sale proceeds to be utilized for renovation of the City's Normandy Shores Golf Course. On March 9, 2004, the City held a Special Election to present the voters with seven ballot questions, including Ballot Question NO.7 entitled, "Sale of 2620 Biarritz Drive", which read as follows: .Shall the City of Miami Beach sell waterlront property located at 2620 Biarritz Drive in Miami Beach, Florida (survey and legal description of property on file in City's Public Worl<s Department), with the sale proceeds to be utilized for the City's renovation of the Normandy Shores Golf Course?" Commission Memo RFP 30-03104 - The Selection of an Auctioneer to Sell to the Highest Bidder City-Owned Property Located at 2620 Bian1tz Drive, Miami Beach October 13, 2004 Page 20f5 The voters approved the sale of the Property. As part of the referendum, it was explained to the voters that the City would sell the Property through a public sale based on the fair market value as determined by a professional, independent appraisal. The Property would be sold to the highest bidder and zoned for a single-family residence. The proceeds of the sale would be used for the City's renovation of the Normandy Shores Golf Course. The duly registered and qualified voters of the City voted in favor of selling the aforementioned waterfront property. On April 22, 2004, an appraisal report was forwarded to the Mayor and City Commission, via Letter to Commission (LTC) No. 91-2004. Said report was prepared by Integra Realty Resources who estimated the market value of the Property as of April 8, 2004, to be $870,000. A copy of Integra's appraisal report is attached. On May 5, 2004, the Administration recommended that the City Commission refer to the Finance and Citywide Projects Committee (the "Committee") for discussion, the altemative options to consider relative to the process by which the Property will be publicly and competitively offered for sale to ensure that the highest and best price is achieved. The Mayor and City Commission accepted the Administration's recommendation and referred the item to the Committee. The Committee meeting was held on May 19, 2004. The Committee discussed the sale of waterfront property located at 2620 Biarritz Drive, Miami Beach, Florida. The City Manager introduced and summarized the item by stating that the Administration is seeking guidance from the Committee relative to the competitive process and minimum bid requirements applicable to the sale of the Property. The City's Procurement Director discussed the pros and cons associated with the following processes: . Real Estate Auctioneer; . Real Estate Broker; . Competitive Sealed Bidding; . E-Bay; or a . Combination of two or more of the above processes. The Committee discussed the pros and cons, including costs, associated with the altematives available in order to optimize the retum to the City from the sale of the property. After considering the various options and the pros and cons with each, the Committee instructed the Administration to establish criteria for and prepare an RFP for a Professional Real Estate Auctioneer for the sale of the Property, and to include in the RFP a minimum bid requirement for the proposed auction. The Committee expressed a sentiment that by selecting a Professional Real Estate Auctioneer, the process would be open, fair and competitive. The Mayor and City Commission at its June 9, 2004 meeting, authorized the Administration to issue this Request for Proposals (RFP) for the selection of an auctioneer to sell to the highest bidder, City- owned property located at 2620 Biarritz Drive, Miami Beach. RFP PROCESS On June 21, 2004, RFP No. 30103-04 was issued and notices sent to 26 individuals or firms, which resulted in the receipt of two qualifications packages from the following firms: Commission Memo RFP 30-03104 - The Selection of an Auctioneer to Sell to the Highest Bidder City-Owned Property Located at 2620 Blamtz Dr/ve, Miami Beach October 13, 2004 Page 3 of5 1) Fisher Auction Co., Inc. 2) National Auction Company Included in the scope of services were the following items for which the Auctioneer shall be responsible: 1. Design and implement a City-approved advertising campaign to local, regional and national print media publications. 2. Establishing pre-sale budget line item relative to the marketing/advertising budget for the City's approval. 3. Develop a proactive public relations campaign. 4. Notify and encourage participation from the Real Estate Brokerage community. 5. Compile, assemble and distribute complete and accurate Property information packages (in hard copy and CD) to prospective purchasers and interested brokers. 6. Monitoring all pre-sale activities and reporting processes to the City's Project Manager. 7. Establish a toll free number for inquiries. 8. Link notice of sale to all industry related web sites. 9. Conduct scheduled showing/inspections. 10. Assist in the development of General Terms and Conditions relative to the sale of Property. 11. Develop all required forms. 12. Distribute the Notice of Sale to potential buyers and brokers on a national, regional and local scope. 13. Conduct day of sale activities. 14. Track all pre-sale responses to the marketing campaign. 15. Interface with all interested parties. On August 6, 2004 the City Manager via Letter to Commission No. 206-2004 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: 1. Jose Damien, Asset Manager - CMB 2. Marguerite Ramos-Herrera, North Beach Resident 3. Stephen Hertz, North Beach Resident 4. Leon Manne, North Beach Resident 5. Alfredo Rey, Real Estate Broker/Resident 6. Silvia Rotbart, Real Estate Broker/Resident 7. Kevin Smith, Parks and Recreation Director - CMB Leon Manne and Alfredo Rey were unable to serve on the Committee, upon being contacted by Procurement to schedule a Committee meeting. Suggested altemate Committee Members were not willing to participate due to conflicts with work schedules and other reasons. The Committee convened On September 23, 2004 and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Govemment in the Sunshine Law. The Committee then listened to presentations from Fisher Auction Co. Inc. and National Auction Company. After each presentation, the Committee engaged in a question and answer session with the presenters. Commission Memo RFP 30-03104 - The Selection of an Auctioneer to Sell to the Highest Bidder City-Owned Property Located at 2620 Biamtz Drive, Miami Beach October 13, 2004 Page 4 of5 While the Committee believed that both Auctioneers were qualified and had the experience to sell the property, Fisher Auction Co. Inc. was deemed to provide a more comprehensive methodology to their approach to the project. The compensation noted in the two proposals was comparable, given the marketing and advertising figures provided by both firms. The proposal submitted by Fisher Auction contained a detailed budget, while National's proposal lacked budgetary specifics. National Auction's commission rate for the sale was 2% less than Fisher Auction's commission rate, however the Committee noted a more intemational and comprehensive advertising plan from Fisher Auction. This differential in the quoted commission was considered insignificant, given the added exposure from Fisher Auction's promotional plan. In addition, Fisher Auction's presentation was considered more professional and provided details in a concise manner. Their presentation included handouts of a sample Property Management Package as well as an Auction Summary of a recent high value and high visibility project they had sold at auction. While they believed National's presentation to be on more of personal level, it was not structured and lacked the level of detail that was anticipated from the Committee. It was noted that both Auctioneers supplied positive reference contacts in their proposal packages and all references received relative to both Auctioneers were excellent. Fisher Auction took the initiative to include over 100 reference letters in their initial submission, while National provided these letters upon request. The Committee was instructed to rank and score each proposal pursuant to the evaluation criteria established in the RFP, which was as follows (total possible 100 points): Evaluation CriterialFactors Weiaht · Experience and qualifications of the firm · Experience and qualifications of the Auctioneer(s) assigned to Sell the Property · Methodology and Approach · Cost/Fees · PastPertonnance 15 points 30 points 15 points 20 points 20 points The Committee then scored and ranked the firms as follows: FISHER FISHER NATIONAL NATIONAL COMMITIEE AUCTION AUCTION AUCTION AUCTION MEMBER SCORE RANKING SCORE RANKING IJOSE DAMIEN 93 1st 86 2nd MARGUERITE RAMOS-HERRERA 100 1st 90 2nd IsTEPHEN HERTZ 100 1st 85 2nd IsIL VIA ROTBART 75 1st 71 2nd KEVIN SMITH 87 1st 72 2nd Commission Memo RFP 30-03104 - The Selection of an Auctioneer to Sell to the Highest Bidder CIty-Owned Property Located at 2620 Blarrltz Drive, Miami Beach October 13,2004 Page 5 of5 The Committee ranked Fisher Auction Co. Inc. number one (1) and National Auction Company number two (2). CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which recommends the acceptance of the ranking of the Auctioneers and authorizes the Administration to enter into negotiations with the top-ranked firm of Fisher Auction Co. Inc.; and should the Administration not be able to negotiate an agreement with the top-ranked firm, authorize the Administration to negotiate with the second-ranked firm of National Auction Company; and further authorizes the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration. T:IAGENDA\2004\0ct1304\ConsentlAuctioneerMemo.doc LAND APPRAISAL REPORt DrIve County Miam~Dod. SubJrban Rulli C 25% "'75% 0 Undol' 25% o Full' Iltv. 18I SlIady 0 Slow DSlabIo UllecInllg 18IlnBaIance D Ove!supply [] lh1Ir 3 Mol. ~ <h!l MDI ~ OVer B Mas. -.Mil 1 ftIIjy _% 2-4 FomBy -.12% Apfs. _5% Condo JII Cammoldal --" 1MusfriaI_% Vac81I _% Chqo In Present lJnd Use 18I NolLlmly [] li<8Iy (') 0 Taking P111C8 (') 0. Fram To PIe~1lccupancy ~ Ownor [] TWIll _"VIClI1t _fImI1yPliceRlnge $ 300000 1II$1.5MU+ I'!adomIt1a!tValu.$ 300.000'_ avefamllyAge Now yrs."~yrs. I'redomIIWllAG. 50'. yrs. CInIua Tract 311.050 State Fl o &nplo)mantStablIlly Con_1D~ CoIl'llll1ianoe 111 Shopping CDllvtIlBJco III SGI100Is Adequacy 01 Pu,* TIlIII5pOItaIIo/l Recndonal f1c1llllls Adaquacy of UIIIIIfos PIUporty CompatIl8ly ~ from Ilttrlmenlal CD_no Pal!cllIIIdFieI'nllocllon General AppearIm:. or PnlpaIties Appaa/1D MiI1leI Good i" ~ ~ ;:::] !,. I o :::J[J O~[JQ 01- ~L.; o 'CD o D;J U~LJ:l CI&'<DC CJ!Zl:::J::::; 0181:-:] r- ,." -.J " ;::i!olC~ UZLJU L.J Camar Lot o do not co~onn" zantIg lIlIIuIIlIona wIIIch reftoCla tho 8ctlona of weant I'1i8kIenUalllnd. 18! Did NDlI'llylIcally Inapoct i'nlI*1Y IcalII. liIgllllully Rasourcaa . SoutII RDI1da Form lNO - <roTAlIIl' WIndoWS' 8lIlQIsalaoltNaJl by a Ia mode, ilc. -l-BOQ.ALAMODf lA LAND A....KAUSAL KJ:PU"T MARKET DATA ANALYSIS AIll No. 0004143 COMPARABLE NO. 8 Intop Really _. South FIorfda FoIm UlD.(AC)- 'TOTAL tot Windaws'llPIlIOiS1I_ by ala made, inc. - l-BOO-ALAMODE 1, THE ATTACHED ARE EXCERPTS FROM THE FISHER AUCTION COMPANY, INC. PROPOSAL. THE ENTIRE PROPOSAL IN ON FILE AT THE CITY CLERK'S OFFICE. FISHER ~ AUCTION CO. INC Letter of Transmittal VIA: Hand Delivery July 27, 2004 Ms. Pamela Leja Procurement Division City of Miami Beach 1700 Convention Center Drive Third Floor Miami Beach, Florida 33139 RE: Request for Proposal (RFP) No. 30-03/04 Dear Ms. Leja, On behalf of Fisher Auction Co., Inc., I am pleased to provide you with the enclosed proposal in response to the above referenced matter. Our proposal (see Section II "Marketing Plan Summary and Proposal" of proposal) is designed to create maximum competition equaling maximum value on the City's owned property to provide proceeds sufficient for renovation of the City's Normandy Shores Golf Course. For over 37 years, our core business activities have focused on planning, orchestrating and conducting successful Auctions of real property for Institutional Sellers and Government Agencies, e.g. G.S.A., F.D.I.C., R.T.C., U.S.M.S., FmHA, SBA, II districts of the U.S. Federal Bankruptcy Court and many State, County and Municipal Agencies (see Section I "Executive Summary of Accomplishments" of proposal). We are a Government Contractor and understand procurement processes, reporting requirements, accountability and public relations / sensitivity issues (see Section III "References" of proposal). To that extent, we have successfully sold and closed over l5,000 surplus properties in excess of 1.5 billion dollars throughout the United States, Mexico, Puerto Rico and U.S. Virgin Islands (see Section VI "Properties Auctioned" of our proposal). On AUllust 10. 2004, we will he auctioninll tlte Miami Arena for the Citv of Miami. Our experienced programs provide the necessary services and blueprint for a successful sale. Timelines, approval processes, progress reports all ensure quality control of the engagement. CORPORATE HEADQUARTERS 2745 East Atlantic Boulevard, Suite 200, Pompano Beach, Florida 33062-4945 954.942.0917 . 954.782.8143 Facsimile . 800.331.6620 www.fisherauction.com.info@fisherauction.com AU #332 0 AB #106 We successfully sell and close over 96.2% of all properties we Auction. Those which don't sell Auction day are sold during our post Auction period process. One which has not been sold or closed at Auction or during the post Auction period was an 11.5 acre leasehold estate at 1-95 / Cypress Creek Road in Ft. Lauderdale. The reasons included: escalating lease payments to F.D.O.T., development order in place limiting development options, requirements to provide an overpass and $1,000,000.00 in obligations, which had to be assumed by the new purchaser. We are confident in our abilities to meet and / or exceed the objectives as set forth in your request for proposal. Should you have any questions, please feel free to contact me at 954.942.0917 x18 or 954.931.0592 cellular. Thanking you in advance for your consideration of our proposal and hope we get a chance to work together! Sincerely, Louis B. Fisher, Ill, CEO lfisher@fisherauction.com F tf}JIlAISHER A~CTION CO., INC. , ,0 . I r-'" . ,. _ ~ la ~ EXECUTIVE SUMMARY OF ACCOMPLISHMENTS This important sales initiative will require the selected Real Estate Advisory Team to be experienced in selling Miami waterfront properties. This encompasses vacant sites / land, single family residences, hotels, rentals, and condominium projects. Another major requirement is to employ a Team knowledgeable with Government procurement processes, accountability and reporting requirements, and familiarity with the State of Floridas' regulated polici~s and procedures. Lastly, the Team should have a successful record of selling million / multi-million dollar properties and having a local, national and international presence. These characteristics and qualifications will be needed to achieve the greatest exposure and highest possible price for the City of Miami Beach property located at 2620 Biarritz Drive. Fisher Auction Co., Inc. possesses these characteristics and qualifications. We believe our Team is "uniquely" qualified to achieve your objectives. Examples of some of our recent accomplishments are presented below: . Fisher Auction Co., Inc. on Saturday July 24, 2004 conducted a successful Auction on a residential development site in South Florida across from the ocean for the Probate Court / Personal Representative. Twenty (20) registered bidders attended with $100,000.00 Cashier's Check each. We also received fifteen (15) broker registrations from the brokerage community representing potential bidders. The property sold for $1,705,000.00, which had an appraised value of $1,050,000.00. Fisher Auction Co., Inc. has a current up to date database of qualified prospects seeking waterfront development sites and a list of brokers with prospects. . In February of 2004, Fisher Auction Co., Inc. conducted the sale of a 69 room Boutique Hotel in downtown Naples, Florida adjacent to the Gulf of Mexico. The property was in Chapter 11 Bankruptcy. Our marketing campaign generated over 20,000 inquiries from 33 States and 5 Foreign Countries with 350+ individuals / entities touring the property, which sold and closed for $l2,660,000.00. Fisher Auction Coo, Inc. is experienced with creating the perception of value while positioning our client's properties for Auction (see attached reference letters). . Fisher Auction Co., Inc. recently conducted the successful sale of the Charles Hotel at 14th and Collins in Miami Beach, Florida. The property had been closed for an extended period of time and had several code violations by the City. Five (5) registered bidders from Florida and France each posted $500,000.00 Cashier's Check to bid. The property sold and closed for $4,200,000.00. Fisher Auction Co., Inc. knows the Florida market and has a tremendous reputation throughout the State and Abroad. . Fisher Auction Co., Inc. recently sold a hotel timeshare resort on Collins Avenue at 71s1 Street in Miami Beach for $7,100,000.00. The property was a mixed-use development in bankruptcy with previously closed timeshare sales. In total, Fisher Auction Co., Inc. produced and sold (for $150.00 each) 39 extensive Property Information Packages to national and international developers and interested prospects. Fisher Auction Co., Inc. is experienced with major real estate sales initiatives of re-development properties. RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal lA -;;;;jiiF' . Fisher Auction Co., Inc. in July of 2000 sold the 268-room Miami Beach, Florida, oceanfront Cadillac Hotel for $14,250,000.00. The property had limited parking and was in need of major renovations. Fisher Auction Co., Inc. is experienced in selling major Miami Beach properties. . Fisher Auction Co., Inc. sold a 316-unit Miami apartment building for $8.3 million dollars. The property had many complexities with zoning, legal issues, structural deficiencies, etc. The property was marketed intemationally to bring the highest possible price. Fisher Auction Co., Inc. has the experience of selling complex properties at Auction. . Selling multi-million dollar properties in a professional, yet time efficient manner is a major task. The coordination of transportation, staffing, working with local and intemational brokers/purchasers, sales contract preparation, printing, media placement, reporting requirements, approval processes, etc. is essential to the production of well-run auctions. This massive undertaking will require an auction Team experienced in managing many people at one time. The team of Fisher Auction Coo, Inc. specializes in this type of assignment. . In February of 2000, Fisher Auction Co., Inc. conducted a Bankruptcy Court Ordered Auction for a 123 unit Miami Beach condominium project. We opened and managed an on-site Sales Center for a two- month pre-sale sales program, which resulted in 39 acceptable pre-auction contract sales. Over 3,500 individuals inspected the properties from 34 different States, 22 different countries and 4 different Canadian provinces. The remaining 84 units were sold in bulk with total sales of the entire project exceeding $24,000,000.00. Fisher Auction Co., Inc. is experienced with successful marketing programs on an international and national level for a successful transaction. . In February of 1999, Fisher Auction Co., Inc. conducted a Bankruptcy Court Ordered Auction of 90 individuai residential condominium units at Seacoast Towers resulting in sales of over $17,000,000.00. Half of these units were occupied and the other half unfinished and two weeks prior to the event, the Condominium Association filed bankruptcy. Fisher Auction Coo, Inc. is extremely familiar with marketing a major asset and overcoming obstacles during the pre-sale marketing. . We have also Auctioned 1,806:t Texas Bank properties in 10 Auctions over II days and 91O:t Colorado, New Mexico and Arizona properties in 4 auctions over 5 days. These two maior events were organized and conducted within 45 days of being selected as the Contractor. Our staff, office and subcontractors are geared and experienced to react quickly in multi-property, multi-location, multi-date Auctions. Fisher Auction Co., Inc. is experienced in multiple logistics while maintaining the integrity necessary for a quickly orchestrated successful event. . Fisher Auction Co., Inc. has successfully marketed and sold over 1,000 real estate properties and loans in Puerto Rico, Mexico and the U.S. Virgin Islands for financial institutions, government agencies, corporate entities, major developers and law firms. Fisher Auction Co., Inc. has experience with international buyers, a database of potential prospects and a quality broker network presence. 2 RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal lA ~ . fisher Auction Co., Inc. conducted a successful condominium resort Auction in Mt. Crested Butte, Colorado. The Auction was conducted live in Mt. Crested Butte with telecommunication hook-ups in Denver, Colorado, Dallas and Texas. The Auction attracted 226 bidders from 34 states and generated sales of 110% of appraised value. Fisher Auction Coo, Inc. is experienced with creative marketing techniques designed to maximize the return on investment. . As in our past Auctions, fisher Auction Co., Inc. plans to utilize the services of assisting brokers based on their competence and abilities. This prior knowledge and close proximity to the property assists the marketing process tremendously when reviewing brochure property information and preparing Property Information Packages. Fisher Auction Co., Inc. is experienced with Auctions in 46 different States including Puerto Rico, Mexico and the U.S. Virgin Islands with broker relationships in each area. . fisher Auction Co., Inc. will assign Louis B. fisher, Ill, CEO, as lead Auctioneer and Public Relations spokesperson for this unique Auction event. Mr. Fisher is a three time Florida State Champion Auctioneer and has been the Lead Auctioneer for more than 2,000 Auctions successfully selling and closing over 10,000 properties nationwide and internationally. Additionally, he has conducted successful interviews with USA Today, Wall Street Journal, National Real Estate Journal, Washington Post, Hotel Business, Hotel and Motel Management, NBC, ABC, CBS, Fox-TV, Inside Edition, Entertainment Tonight and other major Media Publications around the Country. This expertise will assist the Auction Process. Fisher Auction Co., Inc. is experienced in the public relations issues involved in a major Auction. . Fisher Auction Co., Inc., as standard operating procedure, provides its' Seller(s) with daily telemarketing reports, day of Auction registration summary depicting number of bidders by deposit type and computerized reports of individual property sales versus appraised value (and Broker's Opinion of Value), in percentage form. These computer tracking and information systems continue to the post-auction reports, which will aid and assist you with the City and Auditors in your summary reporting requirements. Fisher Auction Co., Inc. is experienced in monitoring and reporting progress for the Seller on a daily basis through updates, weekly reports, approval processes, media response activity reports, Auction timelines, status reports and a complete Sellers Auction Summary for file and review purposes. . fisher Auction Co., Inc. believes the follow-up reporting and contracting with back-up bidders, if required, is vital to the success of the Auction. Beginning with Contract approval, Louis B. Fisher, III and Lamar Fisher who have successfully dealt with complex title, legal and State regulated issues in the past; will meet with Title Companies/Closing Agents/Sellers Officials to review Auction Day procedures, status of title problems, post-Auction procedures, etc. We have found these efforts to be extremely effective for major Auctions in the past. Fisher Auction Co., Inco is not only experienced in executing the marketing assignment and selling properties - but also on c1osinl! escrow. We thank you for your consideration on this important Auction Solicitation. Fisher Auction Co., Inc. has the experience, knowledge, staffing and desire to conduct this important sales initiativeo 3 RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal lA ....... ACCELERATED MARKETING PLAN SUMMARY Fisher Auction Co., Inc. fully understands the proposed engagement of marketing City owned Real Property at 2620 Biarritz Avenue in Miami Beach, Florida. Our present schedule and similar engagement experience allows us to conduct the Auction on or before forty five (45) to sixty (60) days following executed agreement 1 City approval. We will implement telemarketing prior to the Auction to familiarize prospective biddersl brokers with the Government Auction procedures, the broker co-op arrangements and the property being offered. Furthermore, Fisher Auction Co., Inc. will actively monitor all pre-auction activities on a daily basis and report all progress and concerns directly to the City Project Manager or Contract Administrator on a daily / weekly basis. Our Marketing Program will assist in determining the estimated recovery price and outline the blueprint for a successful event. In order to conduct a successful Auction, some of the key points - will be the amount of current information available, a well targeted and executed Advertising / Marketing Program and broker co-op arrangements. This plan will ensure active participation from prospective bidders and the local brokerage community. A few of our suggestions for the Auction include: 1) Conducting a Pre-Auction "How to Bid" Seminar for brokers and prospective purchasers. 2) Supplementing the City of Miami Beach's current database of interested prospects with our VIP National buyer database. 3) Utilize absentee bids on the Intemet for those prospects who are not able to attend the Auction. 4) Compile and assemble extensive property information packages containing all features, title and legal information for distribution to interested bidders / brokers conducting their presale due diligence. 5) Design and create an aggressive public relations campaign in the Local Market, Northeast and Nationally. Use advertorials for supplementing the print ad media campaign. 6) Setting up possible telephone downlinks for out of State bidders auction day. 7) Contact third party financing alternatives to provide attractive investor / developer financing. 8) Use Internet exposure / linking for additional exposure e.g. Fisher Auction Co., Inc.'s site with City of Miami Beach's site. 4 RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal t:a - ACCELERATED MARKETING PROPOSAL Scope of Services: Fisher Auction Co., Inc. proposes to conduct an open out-cry Auction for the waterfront parcel located on Biscayne Bay at 2620 Biarritz Avenue consistent with all services described and contained herein. All advertising and the terms of the offering will first require each prospective buyer to register with certified funds to bid for the Property on a specific day, date and time to be mutually agreed. Additionally, we will work with the City's Contract Administrator / Project Manager to develop all required forms and the General Terms and Conditions of Sale to achieve the City's objectives. Time to Conduct Event: The Event can take place within 45 to 60 days of executed agreement or notice to proceed, which allows for sufficient time to implement our marketing program and capitalize on industry trade periodical deadlines. Should time be of the essence, a sale could be conducted sooner; however, without advertising in the industry trade periodicals. Location of Event: The Auction will be conducted on site. Property Inspections: We realize the importance of the pre-bid property inspections; therefore, we will make available pre-scheduled inspections to accommodate local, regional and any national buyers. Records will be maintained regarding each buyer inspecting the Property. These records will enable us to determine interest and identify specific concerns and objections (if any). Marketine Strateev: The marketing strategy will be to promote the Property to Developers, Investors, Residents in the geographical area of property, Professionals, Real Estate Brokers, CCIM's, etc. A proactive public relations campaign will be created and designed for approval to enhance the paid advertising program. Marketine Hiehliehts: We will develop and implement the design, layout, and production of the Property Sales Brochure with the assistance of Creative Marketing Specialists. We propose to print 2,000 brochures listing property information as follows: 5 RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal lA ~ . Specific description of the property offered for sale . Site area(s) . Investment / Development higWights . Zoning . Photographs . Location maps . Directions to the property . Contact information Additionally, the brochure will contain the general terms and conditions of sale with particular emphasis given to the following items: . Property Information Package Order Form . Purchaser Requirements to Bid . Property Inspection Information . General Bid Instructions . Broker Participation . Location, Directions, Date, Time and Place of the Sale Further exposure will be national, regional and local media advertisements, strategic signage, the Internet 1 posting and linking, telemarketing, and personal solicitations. All interested prospects will have access to our toll free 800 number 24/7 with automated information and access to our web site 24/7 for downloading all information. Auction Methodolo~: Property will be sold to the highest bidder subject to City approval. Bidder's Deposit: A Bidder's Deposit, made payable to the designated escrow agent, must accompany each registration. The funds must be a certified bank check or a cashier's check. By requiring certified deposits we are assured bidders are serious and financially qualified. Real Estate Sales Contract: The high bidder must also tender an additional deposit totaling 10% of the purchase price, if needed, day of sale. The Highest Bidder will execute a City approved "Non- Contingency" Real Estate Sales Contract Auction Day. Back-up 6 RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal la - bidders will be required or encouraged to execute a secondary Contract. The 10% deposit is forfeited as liquidated damages if the Buyer does not close the transaction as set forth herein. Propertv Guarantees: The Property will be sold in its "As Is", "Where Is" condition and with all faults, with no guarantees or warranties expressed or implied. The only guarantee is to provide title through either a Quit Claim or Special Warranty Deed. We recommend you provide an updated Owner's Title Commitment. The Owner's Title Insurance Policy will be at the Buyer's expense and must be obtained from your designated Closing Agent. Real Estate Closin2: The closing on the Property will take place within 30 - 45 days from acceptance and a fully executed agreement and through your designated closing agent. Due Dili2ence: We will provide to Potential Buyers, at their expense, a complete Property Information Package. We will coordinate and implement the following responsibilities: . Prepare a comprehensive overview summarizing all property information and logically organize the contents of the Property Information Package. . Review the most recent aerials and ground level photographs and order current photographs if applicable. . Coordinate the production of all packages and periodically estimate production quantities so as to provide immediate response to buyer request and limit production costs. . The standard package charge will include a fee for overnight delivery to insure that all buyers receive a prompt response. Special Note: Fisher Auction Co., Inc. will carefully track the dissemination of all Property Information Packages. 7 RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal la Seller's Expense: - Upon an executed agreement, we will prepare for approval, a detailed line by line estimated marketing and promotional budget for all parties review and will provide a complete expense portfolio with copies of paid invoices, advertisements, etc. verifying each expense before the final closing occurs. For this important Auction, we are proposing an advertising I marketing budget of twelve thousand, six hundred and eighty dollars ($12,680.00) to include the following: . Wall Street Journal . Industry Trade Periodicals . Local Media Placement in Miami Herald, El Nuevo Herald, International Herald, New York Times . Daily Business Reviews . National Broadcast E-mail to 360,000 opt in portals of real estate entities .2,000:1: Brochures and postage to our VIP mailing lists, specialty lists and the inquiry 1 contact database supplied by City of Miami Beach . Internet Exposure (posting and linking) . Telemarketing . Signage . Photography . Property Information Packages . Auction Day Security All promotional materials will be submitted for approval and signed off by the City's designee e.g. Project Manager or Contract Administrator, before any printing I placement takes place. Broker Participation: We presently maintain healthy brokerage relationships, which will fully expose the Property and facilitate the sale. Broker participation will be encouraged and they will be compensated three percent (3%) from the total commission. A good portion of time will be spent communicating over the phone with area brokers through proactive marketing. Our team is focused on maximizing broker participation and expediting sales by maintaining an open line of telephone (as well as face to face) communications with brokers. We understand the importance of maintaining productive working relationships with brokers in 8 RFP Noo 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal lA - order to maximize sale results and have extensive experience interfacing with brokers throughout the United States and abroad. Day of Sale Plan: All pre-sale advertising will be directed toward receiving non- contingent offers from interested prospects on a certain day, date, and time. The Auction will be conducted on site and all prospective buyers and or their representatives will be required to attend. All bids will be logged for our final Auction Summary Report. The Auction will be conducted by Fisher Auction Co., Inc., along with local Assisting Brokers and video taped to provide sufficient documentation of the results. Fisher Auction Co., Inc.'s staff has experience in crowd management and bid calling. Additionally, they will also be responsible for escorting the winning bidder to the contract table and collecting back-up bidder's cards. Back-up bidder cards are very effective in the post Auction sales program, if needed. At the conclusion of the contract procedure the City will have a binding purchase contract, opened escrow, and a non-refundable deposit. Proiect Manae:er: Louis B. Fisher, Ill, CEO of Fisher Auction Co., Inc. will be the Project Director for this important Auction and will oversee the entire Auction process keeping all parties constantly informed. Lamar Fisher, President will be the Project Manager. Conclusion: Fisher Auction Co., Inc. is the "Standard of Excellence" in the Accelerated Marketing for real estate properties. Winner of numerous national awards Fisher is one of the largest and most successful specialty brokers providing professional Auction services for liquidation and cash conversion of real estate inventories in both the public and private sectors of our economy. Fisher Auction Co., Inc. is currently ranked in the top ten largest Auction Firms in the United States and we are very proud of our successful track record. 9 RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal lA - We believe the property, the Auction Marketing Budget and the Auction procedures we have designed will ensure an excellent Auction Event achieving your objective of a complete sale in a condensed period of time. Fisher Auction Co., Inc. pledges 110% of our dedicated best efforts toward making the City of Miami Beach's Auction a compete success! 10 RFP No. 30-03/04 - 2620 Biarritz Drive, Miami Beach, Florida Auction Proposal lA .... List of 8 Client References Glenn Marcos, Purchasing Director City of Miami 444 S.W. 2nd Avenue Miami, FL 33130 Phone: 305.4l6.1921 Fax: 305.416.1925 GMarcos@ci.miami.fl.us Michael Finn, Vice President Associated Bank 40 1 East Kilbourn Avenue Milwaukee, WI 53202 Phone: 414.283.2338 Fax: 414.283.2340 michael. finn@associatedbank.com Jordi Guso, Esquire Berger Singerman 200 S. Biscayne Boulevard Suite 1000 Miami, FL 33131 Phone: 305.714.4375 Fax: 305.714.4340 jguso@bergersingerman.com Patricia Redmond, Esquire Steams Weaver Miller Weissler Alhadeff & Sitterson P.A. Attorneys at Law Museum Tower 150 West Flagler Street, Suite 2200 Miami, FL 33130 Phone: 305.789.3553 Fax: 305.789.3395 predmond@swmwas.com Mark Aronson, Esquire Holland & Knight 701 Brickell Avenue, Suite 3000 Miami, FL 3313l Phone: 305.789.7657 Fax: 305.789.7613 maronson@hklaw.com Phil Lozano Special Assets Ocean Bank 780 N.W. 42nd Avenue Miami, FL 33126 Phone: 305.442.2660 Fax: 305.444.8l53 plozano@oceanbank.com Timothy B. Hannon Vice President, Fleet Bank Trust Real Estate Department lOO Federal Street - 4th Floor MADEI0004C Boston, MA 02110 Phone: 617.434.2711 Fax: 6l7.434.3026 timothy- b ~ hannon@fleet.com Kevin Gleason, P.A. 2699 Stirling Road Suite A-20l Ft. Lauderdale, FL 33312 Phone: 954.893.7670 Fax: 954.893.7675 notulate@aol.com See Section III for over 100 Letters of Reference 11 Louis B. Fisher" III" C.A.I. Mr. Fisher is the third generation of Fisher Auction Co., Inc., having joined the firm full time in 1979. He has served as its Chief Executive Officer since 1991, specializing in Major Corporate, Banking and Government Business Development. His direct presentation and sales efforts to top officials throughout the Country have resulted in more than One Billion Dollars of sales revenues. His skills include contract negotiations, proposal writing, sales presentations, representing Institutionally owned real estate portfolios and public relations. He is a three-time champion Auctioneer and has personally conducted over 2,000 Auctions with properties and assets in 46 States, Mexico, Puerto Rico and US Virgin Islands. Mr. Fisher was born and raised in Broward County, Florida and graduated from the University of Florida with a Bachelor of Arts degree in 1979 and since has obtained the C.A.l. designation from the Auction Marketing Institute. He continues to lead Fisher Auction Co., Inc. as "The Standard of ExceIlence"TM in the Accelerated Marketing Industry. Professionally, Mr. Fisher was responsible for conducting the first real estate Auction in Mexico, the largest real estate Auction in Texas and the first major real estate Auction in Washington, D.C. He helped the U.S. Government develop and perfect the bid process known as the Sealed Bid / Auction. He is a recognized expert on the Accelerated Marketing process and has conducted many seminars to Industry Trade Associations and Federal Government Associations throughout the United States. Socially, Mr. Fisher is an avid basketball fan and enjoys golf, boating and skiing. 12 Lamar P. Fisher" Sr." CAI" AARE Lamar P. Fisher is the third generation of Fisher Auction Co., Inc. After graduating from college he has spent his entire career of 24 years with the firm. He serves as President and is a principal owner as well. Mr. Fisher is a fourth generation resident of Pompano Beach, Broward County, Florida. He holds an AA Degree from Palm Beach Junior College, graduate of the Certified Auctioneers Institute (C.A.I.) and an Accredited Auctioneer Real Estate (A.A.R.E.) from the Auction Marketing Institute. Mr. Fisher's responsibilities include sales presentations, writing proposals, project management, property management, extensive property due diligence, conducting and closing real and personal property auctions throughout the United States for major Trust Companies, Small Business Administration Preferred Lenders, Developers, Attorneys, Private Sellers and Municipalities. Mr. Fisher's community involvement includes the current Vice Mayor of the City of Pompano Beach, Florida. As to his civic involvement, he has held several offices in Kiwanis International including Past Distinguished Governor for the State of Florida receiving multiple accomplishment awards. With Mr. Fisher's proven leadership, professionalism and dedication to the Auction Industry, he continues to assist Fisher Auction Co., Inc. in being one of the top firms in the country. 13 ..~~ ~ ~ i . 730 N.E. I 16th Street Biscayne Park, Florida 33161 305.893.0194 305.893.175] Fax E-mail: aplbpf@ao1.com Andre LaBauve Controller 1992 - Present Fisher Auction Co., Inc. Pompano Beach, FL Controller, Closing Coordinator and Administrative Assistant . Responsible for all accounting functions of the Company including but not limited to: Payroll, Taxes, Accounts Receivable, Accounts Payable, and Auction Marketing Expense Portfolios. . Tracking Real Estate Contracts through closing. Contract Room Coordinator at Real Estate Auctions. . Prepare Auction Marketing Proposals. Disseminate and track Auction information to potential purchasers on specific Auctions. Auction Company of America Miami, FL 1987 - 1992 Controller . Controller of the Company. Duties included, but were not limited to payroll, payroll taxes, accounts payable, accounts receivable, auction expense reporting, and commissions payable. . Instrumental in developing the Auction - Trac System, whereby sales contracts were monitored to closing. . Attended and supervised the Contract Room at Real Estate Auctions and handled invoicing and payments at personal property Auctions. 1986 - 1986 Federal Deposit Insurance Corporation Bossier City, LA Liquidation Assistant of Owned Real Estate . In charge of liquidating real estate obtained through failed banks. In March 1987 assisted in the first F.D.I.C. Louisiana Real Estate Auction, in which over 430 properties were sold and the auction considered a huge success. 1979-1986 American Bank & Trust Co. Lafayette, LA Foreclosed Property Manager Experienced in the following departments: collateral, credit, loan review and credit analysis. 1978 University of Southwestern Louisiana Lafayette, LA . B.A., Business Administration . 1974 Graduate of Catholic High School, New Iberia, Louisiana 14 Francis D. Santos" G.P.P.A. Francis D. Santos serves as Vice President of Fisher Auction Company. Mr. Santos has been employed at Fisher for 10 years with responsibilities that include Project Management, Auction Coordination, Due Diligence Research, Personal Property Appraising, and Auction Ring man. Mr. Santos is active in the National Auctioneer's Association, Florida Auctioneer's Association, Auction Marketing Institute, and is a Public Notary. Mr. Santos currently holds a Florida Real Estate Salesperson License, Graduate Personal Property Appraiser Designation from Auction Marketing Institute, and membership in the Industrial Association of Dade County. Mr. Santos received his education at Trident Community College, Charleston South Carolina; Gold Coast School of Real Estate, Fort Lauderdale, Florida; Auction Marketing Institute, Orlando, Florida. 15 PRICE PROPOSAL 1.) Fisher Auction Co., Inco proposes a twelve thousand, six hundred and eighty dollar ($12,680.00) presale budget (hereinafter referred to as "the marketing and advertising expenses") for marketing and advertising expenses including but not limited to brochures, newspapers, electronic media, industry trade publications and any other advertising pursuant to the City of Miami Beach's Auction. Additional advertising/marketing funds may be spent at the discretion of Fisher; however, the maximum exposure to the City will not exceed twelve thousand, six hundred and eighty dollars ($12,680.00). All bidders will be subject to the terms and conditions of the bid procedures approved by the City of Miami Beach. The amount proposed for marketine: and advertisine: expenses is based on over 37 vears of national and international experience of conductine: maior real estate sales initiatives with c1osine:s in excess of $1.5 billion dollars (see Section VI of the proposal from e:overnment and court related real estate projects). The fmal marketing / advertising budget. and amount to be agreed upon and approved by the City. 2.) Fisher Auction Co., Inc. agrees to provide staffing for inspections the two weeks prior to the scheduled sale. 3.) Fisher Auction Co., Inc. shall advertise the sale for a period of five (5) to six (6) weeks. The sale will be scheduled and take place no earlier than forty five (45) days or as otherwise agreed and approved by the City of Miami Beach. 4.) Fisher Auction Co., Inc. agrees to conduct an open out cry Auction for the City owned property located at 2620 Biarritz Drive, AS IS, WHERE IS, without representations or warranties. 5.) All sales will be subject to City approval. In the event the City cancels the sale, the City agrees to reimburse Fisher Auction Co., Inc. reasonable and actual out-of-pocket marketing and advertising expenses (as defined in 1. above). The total reimbursement will not exceed twelve thousand, six hundred and eighty dollars ($12,680.00). Payment to be made within thirty (30) days of receipt of complete line item breakdown with availability of backup invoices, etc. A cancelled sale does not include withdrawal of the property due to an acceptable pre-auction offer. Should the City obtain an acceptable pre- auction offer, the City agrees to pay a commission to Fisher Auction Co., Inc as outlined in 6. below, plus the marketing and advertising expenses (as defined in 1. above). 6.) Commission paid at closing for a sale will be added on as a buyer's premium of six percent (6%) for the total purchase price and will be disbursed as follows: a) Three percent (3%) to procuring cause Brokers, if any. b) Three percent (3%) to Fisher Auction Co., Inc. plus the marketing and advertising expenses (as defined in 1. above). c) Should a Procuring Cause Broker not be involved, the three percent (3%) will go to the City of Miami Beach. Please note that the Buyers get very involved in the Buyer Momentum Process and the Buyer's Premium often results in an overall much higher than anticipated Auction Sales Price. This is an internationally accepted method of Auction Sales and enhances our Sellers net results. Fisher Auction Co., Inc. has utilized the Buyer's Premium successfully for most Real and Personal Property Auctions over the past eighteen years, throughout the Country, Mexico and Puerto Rico. Alternative Option: Should the City elect to not utilize the Buyer's Premium concept, the six percent (6%) commissions would be paid by the City of Miami Beach with the division / allocation as represented above in item 6a., b. and c. 7.) Should the property not be sold through the auction process, Fisher Auction Co., Inc. will be compensated as follows: a) Fisher Auction Co., Inc. will be compensated for the marketing and advertising expenses (as defined in 1. above). 8.) The sale will be "all cash" at closing with no post contract due diligence period. The Purchase & Sale Agreement will be prepared on terms acceptable to the City of Miami Beach. These represent the terms, which should be included in the contract to employ Auctioneer subject to City approval. Additionally, Fisher Auction Co., Inc. is prepared to enter into the type of agreement with attachments, e.g. Affidavit of Disinterestedness and No Conflict ofInterest, posting of a bond as the City deems appropriate. PROPOSER INFORMATION Submitted by: Proposer (Entity): ",hor A"jj}JP. = In'. Signature: Name (Typed): L~'i~ B Fi~b~r, III. r R 0 Address: 2745 East Atlantic Boulevard Suite 200 City/State: Pompano Beach, Florida 33062-4945 Telephone: 954.942.0917 Fax: q54 7P'? Rl k~ It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluationlselection process until and unless a contract has been agreed to and signed by both parties. ~Mds~.turo) Julv 260 2004 (Date) Louis B. Fisher, III, C.E.O. (Printed Name) RFP NO. 30-03/04 DATE: 6/18/04 25 CITY OF MIAMI BEACH ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 30-03/04 Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated July 16. 2004 Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No, 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of Staff Member Date Fisher Auction Co.. Inc. Proposer - Name July 26. 2004 Date I/!fiA ~ Signature RFP NO. 30-03/04 DATE: 6/18/04 26 CITY OF MIAMI BEACH DECLARATION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida Submitted this 27th day of July ,2004. The undersigned, as Proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The Proposer states that this proposal is based upon the documents identified by the following number: RFP No. 30-03/04 ~- SIGNATURE Louis B. Fisher, III PRINTED NAME Chief Exer.utive Officer TITLE (IF CORPORATION) RFP NO. 30-03/04 DATE: 6/18/04 27 CITY OF MIAMI BEACH Proposer's Name: Principal Office Address: Official Representative: Individual Partne~hip (Circle One) (fOrporatiV. . If a Corporation. answer this: When Incorporated: In what State: If a Foreian Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: QUESTIONNAIRE Wi Rnp1'" All("+; on ~n ! Tnco 2745 East Atlantic Boulevard Suite 200 Pompano Beach. Florida 33062-4945 Louis B. Fisher. III. C.E.O. 1972 Florida N/A RFP NOo 30-03/04 DATE: 6/18/04 28 CITY OF MIAMI BEACH Questionnaire (continued) If a Partnership: Date of organization: General or Limited Partners: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 37 2. Have any similar agreements held by Proposer ever been canceled? Yes ( ) No (x) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? No If yes, please explain: .fit RFP NO. 30-03/04 DATE: 6/18/04 29 CITY OF MIAMI BEACH Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No te) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not (x> been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: No A. list all pending lawsuits: B. list all judgments from lawsuits in the last five (5) years: C. list any criminal violations andlor convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) None 30 RFP 30-03/04 6/18/04 CITY OF MIAMI BEACH Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer andlor individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of Proposals. (Use additional sheet if needed) T.nlli~ 'R Fi~l1pl"J. TTT Lamar P. Fisher, Sr. Andre LaBauve Francis D. Santos The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name 31 RFP 30-03/04 6/18/04 CITY OF MIAMI BEACH WITNESS: Signature Print Name ~.~ Sign reQ U/fJAtL P. ,c; ~ 1J-dL- Print Name (CORPORATE SEAL) Secretary RFP 30-03/04 6/18/04 Attest: 32 By: IF PARTNERSHIP: Print Name of Firm Address General Partner Print Name IF CORPORATION: Fisher Auction Co., Inc. CITY OF MIAMI BEACH