RFP 30-03/04 2620 Biarritz Dr.
CITY OF MIAMI BEACH
1700 CONVENTION CENTEH DRIVE, MIAMI REACH. FLOI~lD^ "3139
www,miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Request for Proposals (RFP) No, 30-03/04
Sealed Proposals will be received by the City of Miami Beach (the "City"), Procurement
Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on July
27,2004 until 3:00 p.m. for:
THE SELECTION OF AN AUCTIONEER TO SELL TO THE HIGHEST
BIDDER, CITY-OWNED PROPERTY LOCATED AT 2620 BIARRITZ
DRIVE, MIAMI BEACH, FLORIDA
At time, date, and place above, Proposals will be publicly opened. ANY PROPOSAL
RECEIVED AFTER TIME AND DATE SPECIFIED WILL BE RETURNED TO THE
PROPOSER UNOPENED.
The City of Miami Beach is actively seeking proposals from qualified Professional Real Estate
Auctioneers to provide services relative to the sale of City-owned property, located at 2620
Biarritz Drive, Miami Beach, in accordance with the terms, conditions, and specifications
contained in this Request for Proposals.
A PRE-RFP SUBMISSION MEETING IS SCHEDULED FOR JULY 7, 2004 AT 10:00 A.M.,
IN THE FIRST FLOOR CONFERENCE ROOM, LOCATED AT CITY HALL, 1700
CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA. Attendance at the
aforementioned pre-RFP submission meeting is NOT mandatory, but strongly encouraged
as a source of important information.
The City has contracted with BidNet as our electronic procurement service for automatic
notification of bid opportunities and document fulfillment. We encourage you to participate
in this bid notification system.
To find out how you can receive automatic bid notifications or to obtain a copy of
this RFP, go to www.Qovbids.com/scripts/southflorida/public/home1.asp or call toll-
free 1-800-677-1997 ext, 214.
Any questions or clarifications concerning this RFP shall be submitted in writing by mail or
facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL
RFP NO. 30-03/04
DATE: 6/18/04
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CITY OF MIAMI BEACH
33139, or FAX: (305) 673-7851. All responses to questions/clarifications will be sent to all
prospective proposers in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in
the best interest of the City of Miami Beach, or waive any informality in any proposal or bid.
The City of Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT
TO THE "CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE NO, 2002-3378,
A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS PROPOSAL
MUST BE FILED WITH THE CITY CLERK,
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT
TO THE "CODE OF BUSINESS ETHICS" IN ACCORDANCE WITH RESOLUTION NO,
2000-23879,
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT
TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO, 2000-3234,
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT
TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344,
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE
CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO, 2003-3389,
LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER AS
A LOBBYIST, AND AS OF MAY 18, 2002, ACCORDING TO ORDINANCE NO, 2002-
3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL DISCLOSURE
STATEMENT WITH THE CITY CLERK'S OFFICE,
Detailed representation of all these ordinances can be found on the City of Miami Beach
Website at http://www . miami beach fl. gov/newcity/depts/purchase/bid intro .asp
CITY OF MIAMI BEACH
Gus Lopez, CPPO, CPPB
Procurement Director
RFP NO. 30-03/04
DATE: 6/18/04
3
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamjbeachfl.~ov
m
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
NO PROPOSAL
RFP No, 30-03/04
I NOTICE TO PROSPECTIVE PROPOSERS
If not submitting a proposal at this time, please detach this sheet from the RFP
documents, complete the information requested, and return to the address listed
above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_ OTHER (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a proposal 2.[ this completed form, may
result in your company being removed from the City's bid list.
RFP NO. 30-03/04
DATE: 6/18/04
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CITY OF MIAMI BEACH
TABLE OF CONTENTS
SECTION
Paae(s}
I. OVERVIEW AND PROPOSAL PROCEDURES
6-12
II, SCOPE OF SERVICES
13-14
III. PROPOSAL FORMAT
15
IV, MINIMUM EXPERIENCE REQUIREMENTS
16-17
V. EVALUATION CRITERIA
18-19
VI, GENERAL TERMS AND CONDITIONS
20-21
VII. SPECIAL TERMS AND CONDITIONS RE: INSURANCE
22-23
VII, PROPOSAL DOCUMENTS TO BE COMPLETED AND
RETURNED TO THE CITY
24-32
APPRAISAL REPORT
RFP NO, 30-03/04
DATE: 6/18104
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CITY OF MIAMI BEACH
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A, INTRODUCTIONIBACKGROUND
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 waterfront property located at 2620
Biarritz Drive in Miami Beach, Florida (survey and legal description of
property on file in City's Public Works Department), with the sale
proceeds to be utilized for the City's renovation of the Normandy
Shores Golf Course?"
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
alternative 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
RFP NO. 30-03/04
DATE: 6/18/04
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CITY OF MIAMI BEACH
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
alternatives available in order to optimize the return 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.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
Pre-Proposal Submission Meeting July 7,2004, 10:00 a.m.
Deadline for receipt of questions July 14, 2004 by 5:00 p.m.
Deadline for receipt of Proposals July 27, 2004 by 3:00 p.m.
Evaluation Committee meeting July/August 2004
Commission acceptance of City Manager's September 8, 2004
Recommendation, and Authorization to Enter
Into Negotiations
Contract negotiations and Contract September 2004
Execution
Projected Property Auction October 2004
7
CITY OF MIAMI BEACH
RFP NO. 30-03/04
DATE: 6/18/04
C. PROPOSAL SUBMISSION
An original and ten (10) copies of complete proposal must be received by July 27,
2004, by 3:00 p.m. and will be opened on that day at that time. The original and all
copies must be submitted to the Procurement Division in a sealed envelope or
container stating on the outside the Proposer's name, address, telephone number,
RFP number and title, and proposal due date.
The responsibility for submitting a response to this RFP to the Procurement Division
on or before the stated time and date will be solely and strictly that of the Proposer.
The City will in no way be responsible for delays caused by the U.S. Post Office or
caused by any other entity or by any occurrence. PROPOSALS RECEIVED AFTER
THE PROPOSAL DUE DATE AND TIME Will NOT BE ACCEPTED AND Will
NOT BE CONSIDERED,
D, PRE.PROPOSAl SUBMISSION MEETING
A PRE-RFP submission conference has been scheduled as follows:
Date: July 7, 2004
Time: 10:00 a.m.
Place: First Floor Conference Room located at City Hall, 1700 Convention
Center Drive, Miami Beach, Florida
E, CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is Pamela Leja at phone: 305-673-7490; fax: 305-
673-7851; or e-mail: PamelaLeja@miamibeachfl.gov. Communications between a
proposer, bidder, lobbyist or consultant and the Procurement Division is limited to
matters of process or procedure. Requests for additional information or
clarifications must be made in writing to the Procurement Coordinator, with a copy
to the City Clerk, no later than the date specified in the RFP timetable.
The City will issue replies to inquiries and any other corrections or amendments it
deems necessary in written addenda issued prior to the deadline for responding to
the RFP. Proposers should not rely on representations, statements, or explanations
other than those made in this RFP or in any written addendum to this RFP.
Proposers should verify with the Procurement Division prior to submitting a
proposal that all addenda have been received.
RFP NO. 30-03/04
DATE: 6/18/04
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CITY OF MIAMI BEACH
F. MODIFICATIONIWITHDRAWALS OF PROPOSALS
A Proposer may submit a modified proposal to replace all or any portion of a
previously submitted proposal up until the proposal due date and time.
Modifications received after the proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior
to the proposal due date or after expiration of 120 calendar days from the opening of
Proposals without a contract award. Letters of withdrawal received after the
proposal due date and before said expiration date and letters of withdrawal received
after contract award will not be considered.
G, RFP POSTPONEMENT/CANCELLA TION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any
and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP
process; or waive any irregularities in this RFP, or in any Proposals received as a
result of this RFP.
H, COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals to the City,
or any work performed in connection therewith, shall be the sole responsibility of the
Proposer(s) and shall not be reimbursed by the City.
I. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms
in this RFP, and outline what alternative is being offered. The City, at its sole and
absolute discretion, may accept or reject the exceptions. In cases in which
exceptions are rejected, the City may require the Proposer to furnish the services or
goods originally described, or negotiate an alternative acceptable to the City.
J, SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response to
this RFP will be available for public inspection after opening of Proposals, in
compliance with Chapter 286, Florida Statutes, known as the "Government in the
Sunshine Law".
K, NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without
discussion, or may require Proposers to give oral presentations based on their
Proposals. The City reserves the right to enter into negotiations with the top-ranked
Proposer, and if the City and the top-ranked Proposer cannot negotiate a mutually
9
CITY OF MIAMI BEACH
RFP NO, 30-03/04
DATE: 6/18/04
acceptable contract, the City may terminate the negotiations and begin negotiations
with the second-ranked Proposer. This process may continue until a contract has
been executed or all Proposals have been rejected. No Proposer shall have any
rights in the subject project or property or against the City arising from such
negotiations.
L PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of
award in accordance with City of Miami Beach Ordinance No. 2002-3344 which
establishes procedures for resulting protested RFP's selection for awards. Protest
not timely pursuant to the requirements of Ordinance No, 2002-3344 shall be
barred,
M, RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with, and comply with, all Federal, State and
local laws, ordinances, codes, and regulations that may in any way affect the
services offered, including the Americans with Disabilities Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines.
Ignorance on the part of the Proposer will in no way relieve it from responsibility for
compliance.
N. DEFAULT
Failure or refusal of a Proposer to execute a contract following award by the City
Commission, or untimely withdrawal of a proposal before such award is made and
approved, may result in forfeiture of that portion of any surety required as liquidated
damages to the City. Where surety is not required, such failure may result in a claim
for damages by the City and may be grounds for removing the Proposer from the
City's vendor list.
0, CONFLICT OF INTEREST
All Proposers must disclose with their proposal the name(s) of any officer, director,
agent, or immediate family member (spouse, parent, sibling, and child) who is also
an employee of the City of Miami Beach. Further, all Proposers must disclose the
name of any City employee who owns, either directly or indirectly, an interest of ten
(10%) percent or more in the Proposer or any of its affiliates.
p, COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach
Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of
Miami Beach Lobbyist laws are complied with, and shall be subject to any and all
RFP NO, 30-03/04
DATE: 6/18/04
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CITY OF MIAMI BEACH
sanctions, as prescribed herein, in addition to disqualification of their Proposals, in
the event of such non-compliance.
Q. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each Proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting the
full performance of the contract. Ignorance of such conditions and requirements
resulting from failure to make such investigations and examinations will not relieve
the successful Proposer from any obligation to comply with every detail and with all
provisions and requirements of the contract documents, and will not be accepted as
a basis for any claim whatsoever for any monetary consideration on the part of the
Proposer.
R. RELATION OF CITY
It is the intent of the parties hereto that the successful Proposer be legally
considered to be an independent contractor and that neither the Proposer nor the
Proposer's employees and agents shall, under any circumstances, be considered
employees or agents of the City.
S. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with a public entity, and may not transact business withanypublicentityin
excess ofthe threshold amount provided in Sec. 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list.
T. CONE OF SILENCE
Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby
advised that the Cone of Silence requirements listed herein shall apply.
U. DEBARMENT ORDINANCE
Proposers are hereby advised that this RFP is further subject to City of Miami Beach
Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised
to review the City's Debarment Ordinance. Debarment may constitute grounds for
termination of the contract, as well as, disqualification from consideration on any City
of Miami Beach RFP, RFQ, RFLI, or bid.
RFP NO, 30-03/04
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CITY OF MIAMI BEACH
V. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS
Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City
shall give a campaign contribution directly, or through a member of the person's
immediate family, or through a political action committee, or through any other
person, to a candidate, or to the campaign committee of a candidate, for the offices
of mayor or commissioner. No candidate, or campaign committee of a candidate for
the offices of mayor or commissioner, shall solicit or receive any campaign
contribution from a person who is a vendor to the City, or through a member of the
person's immediate family, or through a political action committee, or through any
other person on behalf of the person. This prohibition applies to natural persons and
to persons who hold a controlling financial interest in business entities.
W, CODE OF BUSINESS ETHICS
Pursuant to Resolution NO.2000-23879 each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit
that Code to the Procurement Division with your bidlresponse or within five days
upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City Code.
X, AMERICAN WITH DISABILITIES ACT
Call305-673-7490NOICE to request material in accessible format; sign language
interpreters (five days in advance when possible), or information on access for
persons with disabilities. For more information on ADA compliance please call Heidi
Johnson Wright, Public Works Department, at 305-673-7080.
y, ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors. or anything of monetary value to any
official, employee, or agent of the City, for the purpose of influencing consideration
of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall
accept any gift, favor or service that might reasonably tend improperly to influence
him in the discharge of his official duties.
RFP NO, 30-03/04
DATE: 6/18/04
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CITY OF MIAMI BEACH
SECTION II - SCOPE OF SERVICES
The City of Miami Beach is actively seeking a qualified Professional Real Estate Auctioneer to
provide services relative to formulating an overall strategy prior to, and including, the auction of
City-owned waterfront property, in accordance with the terms, conditions, and specifications
contained in this Request for Proposals.
INTENT
It is the intent of the City of Miami Beach to enter into an Agreement with an Auctioneer to
provide necessary activities leading up to and including the auctioning of City-owned
waterfront property located at 2620 Biarritz Drive, Miami Beach, Florida.
RESPONSIBILITY OF THE AUCTIONEER
The Auctioneer shall be responsible for the following:
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.
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CITY OF MIAMI BEACH
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.
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DATE: 6/18/04
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CITY OF MIAMI BEACH
SECTION 111- PROPOSAL FORMAT
Proposals must contain the following documents, unless the City specifically notes that it
reserves the right to request the omitted documents. Proposals which do not include all
required documentation or are not submitted in the required format, or which do not have
the appropriate signatures on each document, may be deemed to be non-responsive. Non-
responsive Proposals will receive no further consideration.
CONTENTS OF PROPOSAL
The items marked by an asterisk (*) are required as part of the Proposal. If these items are
omitted, Proposer must submit within five (5) calendar days upon request from the City, or
the Proposal shall be deemed non-responsive. All other items must be submitted with the
Proposal or it will be deemed non-responsive.
N1J(5
1
1.
*Table of Contents
Outline in sequential order the major areas of the proposal, including
enclosures. All pages must be consecutively numbered and correspond to
the table of contents.
2. *Proposal Points to Address:
Proposer must respond to all minimum requirements listed below. Proposals
which do not contain such documentation may be deemed non-responsive.
· *lntroduction letter designating areas of proposed services and
sufficient information as to the qualifications of the submitter.
Interested firms should submit documents that provide evidence of
capability to provide the services required for this project as a
submittal package.
· *Respondents must provide documentation which demonstrates their
ability to satisfy all of the minimum qualification requirements.
(, IlL ~*Client references. List eight client references (name, title, company,
&-- address, telephone, em ail and fax) our Committee members may
communicate with regarding your services.
r; V~ Price Proposal: Submit the proposed fee structure relative to the
V responsibilities listed in the scope of services.
,
4.
Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and
Proposer Information forms;
5. *Any other document required by this RFP
RFP NO. 30-03/04
DATE: 6/18/04
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CITY OF MIAMI BEACH
IV. MINIMUM REQUIREMENTS / QUALIFICATIONS:
ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION MUST MEET
THE MINIMUM QUALIFICATIONS AS PROVIDED BELOW. IF THE MINIMUM
QUALIFICATIONS ARE NOT MET, THE PROPOSAL WILL BE REJECTED,
PROPOSALS WILL BE CONSIDERED ONLY FROM FIRMS OR PRINCIPALS
THAT ARE REGULARLY ENGAGED IN THE BUSINESS OF PROVIDING THE
SERVICES AS DESCRIBED IN THIS PROPOSAL.
A. The Professional Real Estate Auctioneer shall be a certified, licensed and
accredited Auctioneer in the State of Florida and regionally. Documentation
in support of this shall be submitted with the Proposal.
B. The Professional Real Estate Auctioneer shall be a licensed Real Estate
Agent. Documentation in support of this shall be submitted with the
Proposal.
C. The Professional Real Estate Auctioneer firm shall be a member in good
standing of the National Auctioneers Association and the Florida Auctioneers
Association. Documentation in support of this shall be submitted with the
Proposal.
D. The Professional Real Estate Auctioneer firm must be bonded and insured.
E. The Professional Real Estate Auctioneer firm shall have a minimum of ten
(10) years of consecutive experience selling a variety of properties valued
above $2,000,000.00 in Florida and/or nationally.
F. The Professional Real Estate Auctioneer firm shall have a proven, verifiable
record of successful marketing, advertising and public relations campaigns
implemented for at least ten (10) similar properties auctioned.
Each Professional Real Estate Auctioneer firm, is required, before submitting a
proposal, to examine carefully the requirements set forth in this document and to be
familiar with all the terms and conditions that are contained within this RFP.
In addition to other required information, the Firm shall submit the following
information with the Proposal. If any of the following information is omitted
from the Proposal, it must be submitted within five (5) calendar days after
requested by the City, or the Proposal may be deemed non-responsive.
1. A brief history of the firm, name(s) of owner and principal(s) and number of
years in business. Include the location(s) of the offices. Include
all memberships, licenses, and accreditations your firm and employees hold.
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CITY OF MIAMI BEACH
2. A listing of the proposed Auctioneer(s) and any other team members for this
project, their specific experience, qualifications, licenses currently held,
membership affiliations and any other pertinent information as it relates to the
requirements outlined in this RFP.
3. A listing of properties auctioned, the clients for which they were auctioned
and the value of the properties, over the past five years.
4. A listing of all unsuccessful auctions held by your firm over the past five
years, and why they were unsuccessful.
5. Describe your approach to the project and your management plan for
designing and implementing a City-approved advertising campaign to local,
regional and national print media publications.
6. Describe your approach to monitoring all pre-sale activities and methods of
reporting such activities to the City's Project Manager.
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DATE: 6/18/04
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CITY OF MIAMI BEACH
SECTION V - EVALUATION CRITERIA
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of Proposals.
3. Opening and listing of all Proposals received.
4. Review all Proposals received for responsiveness.
5. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each proposal in accordance with the requirements of this RFP. If further
information is desired, proposers may be requested to make additional written
submissions or oral presentations to the Evaluation Committee.
6. The Evaluation Committee shall recommend to the City Manager the proposal or
proposals acceptance of which the Evaluation Committee deems to be in the best
interest of the City.
THE CITY RESERVES THE RIGHT TO AWARD MULTIPLE CONTRACTS AS DEEMED
IN THE BEST INTEREST OF THE CITY.
The Evaluation Committee shall base its recommendation on the following criteria:
Evaluation Criteria/Factors:
Weiaht
Experience and qualifications of the firm
Experience and qualifications of the Auctioneer(s) assigned to
sell the Property
Methodology and Approach
Cost/Fees
Past Performance
15 points
Total
30 points
15 points
20 points
20 points
100 points
7. After considering the recommendation(s) of the Evaluation Committee, the City
Manager shall recommend to the City Commission the proposal or qualifications
acceptance of which the City Manager deems to be in the best interest of the City.
8. The City Commission shall consider the City Manager's recommendation(s) in light
of the recommendation(s) and evaluation of the Evaluation Committee and, if
appropriate, approve the City Manager's recommendation(s). The City Commission
may reject City Manager's recommendation(s) and select another proposal or
qualifications. In any case, City Commission shall select the proposal or
18
CITY OF MIAMI BEACH
RFP NO, 30-03/04
DATE: 6/18/04
qualifications acceptance of which the City Commission deems to be in the best
interest of the City. The City Commission may also reject all qualifications.
9. Negotiations between the selected proposer and the City Manager or designee take
place to arrive at a contract. If the City Commission has so directed, the City
Manager may proceed to negotiate a contract with a proposer other than the top-
ranked proposer if the negotiations with the top-ranked proposer fail to produce a
mutually acceptable contract within a reasonable period of time.
10. If the City Commission has so approved, the City Manager or designee after
successful negotiations, will present a contract acceptable to the respective parties
to the City Attorney's office for approval as to form and language, and then to the
Mayor and City Clerk for signature after the selected proposer has done so.
Note:
By submitting a proposal, all Proposers shall be deemed to understand and agree
that no property interest or legal right of any kind shall be created at any point
during the aforesaid evaluation/selection process until and unless a contract has
been agreed to and signed by both parties.
RFP NO. 30-03/04
DATE: 6/18/04
19
CITY OF MIAMI BEACH
SECTION VI . GENERAL PROVISIONS
A, ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants, or
assign, transfer, convey, sublet, or otherwise dispose ofthis contract, or of any or all
of its right, title, or interest therein, or its power to execute such contract to any
person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute default by the successful proposer.
8, INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold harmless
the City of Miami Beach and its officers, employees, and agents, from and against
any and all actions, claims, liabilities, losses and expenses, including but not limited
to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or
damage to property, in law or in equity, which may arise or be alleged to have arisen
from the negligent acts or omissions or other wrongful conduct of the successful
proposer, its employees, or agents in connection with the performance of service
pursuant to the resultant Contract; the successful proposer shall pay all such claims
and losses and shall pay all such costs and judgments which may issue from any
lawsuit arising from such claims and losses, and shall pay all costs expended by the
City in the defense of such claims and losses, including appeals.
C, TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful proposer, it
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon have
the right to terminate the services then remaining to be performed by giving written
notice to the successful proposer of such termination which shall become effective
upon receipt by the successful proposer of the written termination notice.
In that event, the City shall compensate the successful proposer in accordance with
the Agreement for all services performed by the proposer prior to termination, net of
any costs incurred by the City as a consequence of the default.
Notwithstanding the above, the successful proposer shall not be relieved of liability
to the City for damages sustained by the City by virtue of any breach of the
Agreement by the proposer, and the City may reasonably withhold payments to the
successful proposer for the purposes of set off until such time as the exact amount
of damages due the City from the successful proposer is determined.
RFP NO. 30-03/04
DATE: 6/18/04
20
CITY OF MIAMI BEACH
D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful proposer
of such termination, which shall become effective thirty (30) days following receipt by
proposer of such notice. In that event, all finished or unfinished documents and
other materials shall be properly delivered to the City. If the Agreement is
terminated by the City as provided in this section, the City shall compensate the
successful proposer in accordance with the Agreement for all services actually
performed by the successful proposer and reasonable direct costs of successful
proposer for assembling and delivering to City all documents. No compensation
shall be due to the successful proposer for any profits that the successful proposer
expected to earn on the balanced of the Agreement. Such payments shall be the
total extent of the City's liability to the successful proposer upon a termination as
provided for in this section.
RFP NO, 30-03/04
DATE: 6/18/04
21
CITY OF MIAMI BEACH
SECTION VII- SPECIAL TERMS AND CONDITIONS
INSURANCE: Successful Proposer shall obtain, provide and maintain during the term
of the Agreement the following types and amounts of insurance which shall be maintained
with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher
rating in the latest edition of AM Best's Insurance Guide. Any exceptions to these
requirements must be approved by the City's Risk Management Department:
Commercial General Liability. A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property damage in
the amount of a combined single limit of not less than $1,000,000. Coverage shall be
provided on an occurrence basis. The City of Miami Beach must be named as certificate
holder and additional insured on policy.
Automobile Liability. A policy including, but not limited to, automobile liability
including bodily injury, personal injury, property damage in the amount of a combined single
limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The
City of Miami Beach must be named as certificate holder and additional insured on policy.
Worker's Compensation. A policy of Worker's Compensation and Employers
Liability Insurance in 'accordance with State worker's compensation laws as required per
Florida Statutes.
Said policies of insurance shall be primary to and contributing with any other insurance
maintained by Selected Proposer or City, and shall name the City and the officers, agents
and employees of said organizations as additional insured while acting within the scope of
their duties but only as to work performed by the Selected Proposer under this Agreement.
This policy cannot be canceled without thirty (30) days prior written notice to the City.
The Selected Proposer shall file and maintain certificates of all insurance policies with the
City's Risk Management Department showing said policies to be in full force and effect at
all times during the course of the Agreement. No work shall be done by the Architect
during any period when it is not covered by insurance as herein required. Such insurance
shall be obtained from brokers of carriers authorized to transact insurance business in
Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by City prior to
commencement of any work or tenancy under the proposed Agreement.
If any of the required insurance coverages contain aggregate limits, or apply to other
operations or tenancy of selected Proposer outside the proposed Agreement, selected
Proposer shall give City prompt written notice of any incident, occurrence, claim settlement
or judgment against such insurance which may diminish the protection such insurance
affords the City. Selected Proposer shall further take immediate steps to restore such
aggregate limits or shall provide other insurance protection for such aggregate limits.
RFP NO. 30-03/04
DA TE: 6/18/04
22
CITY OF MIAMI BEACH
FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or
maintain required insurance program shall constitute a material breach of Agreement
under which City may immediately terminate the proposed Agreement.
RFP NO. 30-03/04
DATE: 6/18/04
23
CITY OF MIAMI BEACH
SECTION VIII- PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO
THE CITY
1. Proposer Information
2, Acknowledgment of Addenda
3, Fee Proposal Form
4, Declaration
5, Questionnaire
RFP NO, 30-03/04
DATE: 6/18/04
24
CITY OF MIAMI BEACH
PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
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 evaluation/selection process until and unless a contract has
been agreed to and signed by both parties,
(Authorized Signature)
(Date)
(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
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
Proposer - Name
Date
Signature
RFP NO, 30-03/04
DATE: 6/18104
26
CITY OF MIAMI BEACH
DECLARATION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this
day of
,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
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO. 30-03/04
DATE: 6/18104
27
CITY OF MIAMI BEACH
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If a ForeiQn 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
RFP NO. 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:
2, Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No ( )
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?
If yes, please explain:
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 ( )
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 ( ) 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:
A, List all pending lawsuits:
8, List all judgments from lawsuits in the last five (5) years:
C, List any criminal violations and/or 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.)
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 and/or 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)
The Proposer understands that information contained in this Questionnaire will be
relied upon by the City in awarding the proposed Agreement and such information js
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:
_H IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
31
RFP 30-03/04
6/18/04
CITY OF MIAMI BEACH
WITNESS:
Signature
Print Name
WITNESS:
Signature
Print Name
(CORPORATE SEAL)
Secretary
RFP 30-03/04
6/18/04
Attest:
32
CITY OF MIAMI BEACH
By:
IF PARTNERSHIP:
Print Name of Firm
Address
General Partner
Print Name
IF CORPORATION:
Print Name of Corporation
Address
By:
President
BclIIllw<< NlA Cwu. ria 30.050
f'Iopl1!y AddnII
1:11' MI8ml"'-" CIWIIY MI8m~D.d. SIaII Fl
1.IgII~
....PlIctS flIA 01111'.... N1A l.oonr....~ l'II, PIIlportyRlgl1llAppn/Sld
AcaIlI flnl EI1ID T_ $ N1A ()l) loon i:l1II\iOS *' III Pill Dy HIler I .lllA--0lIw.1Iu lllI1CIlOlIII
UnifIr/CIIIII CItY 01 MlemlllNch A_ on
llccl/pIr1Iv..... Appall. FIIIlkL Monnin tnnucUlIIIIllAjlpnl..
iIIUI flunl
lIv1r 7511 UlIdIr 2SlI
o FulylllY. 0 RIp/cI g Slow
~ D:n1lilV ! : IlteIIq
O=Mat. !XI4-8MDS B=:.
PreoonlLnl USI -.J!!.lI llWy -" 2..'...., ~ Ap1I. ---1lI Condo -111 CanImeItIII
--"~junlll lIV101nl II
CIw1ttInPmlllll.andUII 5U1ilY -0 UIilY(,} 0 TIldngPlsl:l('}
O}"lIII To
Pn4_~ ~ 0wnIr 01I/1I1II _SV.....
hlglsfllJjlyl'licoRIIIGI S 300.000 IDS UMII+ PIIlIacnkiRVIlutS 3OO.00D'.
Si1tlIIFIlII~AQI ..l!!!Lytt."-B..rrl. _AliI 0lI'I yn.
WD APPRAISAL REPORt
~pClldI 141
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, II
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r..mlND-'lOT~ IlrWladftl' IjIjIlWllhollnll bI.la", tIc.-l-81lC1-A1A11ODE
1d
LANU ""PRAJ-.M. KIi!PURT
MARKET DATA ANALYSIS
NO.
III No. 00114143
DMPARASlENO. e
__._-Soulll_
foImUlll.IACl-'1OTAI. IGrwnlDwl' ....._Ilr.1a _.,.., -1"~00E
1..
l~t,::Dri~
lupplemenbllAddendum
CIKIIfII"~
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fIo N: OC041~3
Cado 3".'
,
Purpose. Property Riehm lUld ED'ectiv. Dllte
The pl/IJICISC orthe IppIlIinl II to develop an opinion of the rruutet value oCtbc: Fee Simple interes.
In the property as of 1he eJfec\iw dale of-1he appnIlII. April 8, 2004, Unloas otberwiae Slated, all facton
pemnOllt to a detenuinatlon ofvalllC have been CODSidcn:d.. oftIti.J dale.
Juteaded Use aDd IDtellded User
ThIs appl'llial report hu been prepared for the City ofMiemi Beach, Office of Asset ManagemcJlt,
for use In the decision malclq process for possibly selllDa the propel1y.1t is oot intended for any other use
or user.
Sit. DeserlptioD
AllCOIdinB to a Imv.y dated May 31, 1990 IIIId rcvisIld on Il111UlU')' 22, 1993 (see attached), the
subject lito baa 79..7* feet ofroad 1iontage, 72.734= feet ofwaw fionIaae. 8Dd depths oCup to 189.99:1:
faL The eomputod area ofw aile approximates 12,795 sq\IIII'C feet, Il:cordiDa 10 Ibe mrvey provided.
The slle II level &lid to p'Ido
The site fa .Ituated oa BlJcayne BIIY and has a westerly wide bay view,
Mllrket All_lye..
'J'hen fa aod bas been a climialahi:Da availability of _t bay &ont percell, in the Greater
MiunilMllIIIi Beach area, especially larpr )Ilftel, and siteJ 10CIlcd in aecwcd warriont Jleilhborhoods.
Imepa - South Florida reaearchcd pub1Jc ~rda for ole of either _I Ioll/plln:el or improvocl
1oWparc:ols, III some w.-. buym haw tictOlod (In their Japectivc pW'Cbases) the Jnbercnlland value
.. a lDIIior c:oatributory COIDplIIICDl. which DI&)' have been aiven II JIa\IlI' welaht over tho contributory
vaJlIC of Ibe improVCltlCllt(I), Buyers In tbIa price cJus usll8lly do tIlIt aiw value toward Interior II1d in
some -- oxtcrior features (UDIns hillloriWly slpifClDl), Ind teIId to demolish or reaovate to their
pc:nonsi taste and desire. l1Ierefom, the value contribution 10 the total sales price has been heavi1)'
weilhtod in tbellD.dcztylna IIDd value, with al051Cl' value: contribution liven to the improvementa,
Due to the 18ck of ILvailabl. watemont JlInllIh, the ircnd in this market II 10 buy older JaidCJlll"
that have olUllved tbDir effi:elive lJfe aDd demo1ilh them ill Older to build DeW hOllle. mote I1Iilable for
today', .lmdsrds. 111I0IIIO Instance. buyers IIIC acquirina IIdjll:CDt properties to Jnereue their CSWC:s
oven.ll site size.
Five (5) transaetiolLS of tIlIidcntill W8lediont loti were lIIIIlyud for the JIW]lOflI of cOlICludina '
with au opiDlon of vall11 tilr the IUbJect lite, ODe of the SIleI utilized I. 10cated on Nol1lllDdy III., three
in SurIiide ind on. on Belle MClde islaad, Addltillllllllll'llll, which were COJISiderad compelilive with the
IUbject site were IIao 1III1yzed. but not included In thillepurL
The five (5) salel IIIIIL1yzc:d took place over II period llom 1anlllllY 2003 lbroulh April 2004. Lot
11_ ruaecl between 9,250z Ind 13,395:1. square iCIct with water &onr.,e raneina betwceo S~ &ad 10h:
1ioQt feet. The IIIbjoct site contains 12. 79S:i: IIJII8Ie feet IlCCOldizag to the 1Ul'VC)' provided Ind has
approxillllllely '72:!: fill of waler frontage. Comp.able nle 1 bill minimal IIDJllOVOIIlCDlI, which were
later Ionl doWJI.
When -iderina nleJ which look placa ill exooa of six months 110, a lime aqjUltlmlnl wu
nlCCSSl!)'. A resale lIIIlIlyIiJ of laad ..... indicate a compoundecllllllual rate of IIpprecialion becwean 7%
to 34%, SiIICe 111I evident lluoup the llvaillble tDIIbt datlllhat there Iw been an iuc:taso In values, a
tiIIle adjlllllntDt wu wlU1'Mll;d to c:omperab1e ..... over Iix IlIlIDIhs old. The apptaiJers were uaab1e to
.XlrlLct I lIIontbl1 rate of aJllll'lCU\icn &om the IIvaileble data; however, thlllO IIlu were &ivon a time
edjUSllMllt based on an 8IIIlUaIllpJlleCiation ~ of 1 0%.
A ~or conslderalion bl/)'aS Ire wfIJiq 10 pay premiUIIUI for is site size IUIlI WIIedioDl Cootqe.
The coll1pll'lble .... were 1lltiU8Ted at nta of $20.00 per square fbot ami 55,000 per wawfronl foot which
would tefloct tho dUJ'cnlncca iIlllle size IIDd wallV 1iontaac ICIpCClively.
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Miami Beach
*****
AI-AmerIca CIty
, II U'
CITY OF MIAMI BEACH
m
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,
MIAMI BEACH, FLORIDA
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTJON CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
www,rniamibeachn.gov
Pamela Lej a@miamibeachn.gov
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO. 30-03/04
DATE: 6/18/04
1
CITY OF MIAMI BEACH
,~
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
FISHER AUCTION CO., INC.
for
LAND AUCTIONEERING SERVICES
for the property located at
2620 BIARRITZ DRIVE
IN MIAMI BEACH, FLORIDA
RFP No. 30-03/04
1
C:;CCi'/ - 257//
INDEX
ARTICLE PAGE
1 DEFINITIONS AND IDENTIFICATIONS ..................................................... 4
2 SCOPE OF SERVICES .................................................................................6
3 TIME FOR PERFORMANCE.................................................................... 8
4 COMPENSATION AND METHOD OF PAyMENT.............................. 8
5 ADDITIONAL SERVICES AND CHANGES IN
SCOPE OF SERViCES............................................................... 10
6 CITY'S RESPONSiBILITIES.......................................................... 11
7 MISCELLANEOUS... ...... ..... ..... .... ................... ................... ..........................11
7.1 NONDISCRIMINATION, EQUAL OPPORTUNITY EMPLOYMENT AND
AMERICANS WITH DISABILITIES ACT.......................................... 11
7.2 OWNERSHIP OF DOCUMENTS................................................... 12
7.3 TERMINATION ............. ...... .............. ...................... ........ .............................12
7.4 AUDIT RIGHT AND RETENTION OF RECORDS......................................13
7.5 PUBLIC ENTITY CRIMES ACT ...................................................................14
7.6 NO CONTINGENT FEE...............................................................................15
7.7 SUBCONTRACTORS ..................................................................................15
7.8 AUCTIONEER CERTIFICATION................................................................. 16
7.9 ASSIGNMENT AND PERFORMANCE .......................................................16
7.10 INDEMNIFICATION OF CITY......................................................................16
7.11 INSURANCE ................................................................................................17
7.12 REPRESENTATIVE OF CITY AND AUCTIONEER....................................18
7.13 NO CONFLICTS ..........................................................................................18
7.14 ALL PRIOR AGREEMENTS SUPERSEDED..............................................19
7.15 NOTICES .................................................. ........ ................ ................ ...........20
7.16 TRUTH-IN-NEGOTIA TION CERTIFICATE .................................................20
7 .17 INTERPRETATION ........................................ ................... ............ ...............21
7.18 AUCTIONEER'S STAFF ..............................................................................21
7.19 INDEPENDENT CONTRACTOR; THIRD PARTY BENEFICIARIES..........21
7.20 INCORPORATION BY REFERENCE .........................................................22
7.21 OBSERVANCE OF LAWS...........................................................................22
7.22 AGREEMENT SEVERABLE; WAIVER OF
BREACH; AND MATERIALlTY...................................................................22
7.23 JOINT PREPARATION ................................................................................23
7.24 APPLICABLE LAW AND VENUE................................................................23
2
EXECUTION PAGES
AUCTIONEER ...... ..... ....... ..... .......... .... ............................. ................... ..........................24
CiTy............... ....... ....... ..... ..... .......... .................................. ................. ......... ..................24
EXHIBITS:
EXHIBIT "A" SCOPE OF SERVICES/PHASESfTASKS/PROJECT
SCHEDULE AND DELlVERABLES
EXHIBIT "B" REIMBURSABLES
EXHIBIT "c" KEY STAFF
EXHIBIT "0" BROKER REGISTRATION FORM (COOPERATING BROKER)
3
AGREEMENT
Between
CITY OF MIAMI BEACH
and
FISHER AUCTION CO., INC.
for
LAND AUCTIONEERING SERVICES
for the property located at
2620 BIARRITZ DRIVE
IN MIAMI BEACH, FLORIDA
This Agreement is made this 31st day of January ,2005 between the CITY
OF MIAMI BEACH, a political subdivision of the State of Florida, its successors and
assigns, hereinafter referred to as "CITY,"
AND
FISHER AUCTION CO., INC.
its successors and assigns, hereinafter referred to as "AUCTIONEER."
WIT N E SSE T H, in consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, CITY and AUCTIONEER agree
as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms
and provisions which follow, the definitions and identifications set forth below are
assumed to be true and correct and are agreed upon by the parties.
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1.1 AUCTIONEER: The auctioneering service firm selected to perform the services
pursuant to this Agreement.
1.2 Aqreement: Means this document. Other terms and conditions are included in the
exhibits and documents that are expressly incorporated by reference.
1.3 City or Commission: The Mayor and Commissioners of the City of Miami Beach,
Florida, which is the governing body of the City of Miami Beach, Florida.
1.4 Buver's Premium: An amount equal to five percent (5%) of the purchase price of
any parcel(s) of real property to be paid by a buyer of the real property.
1.5 Contract Administrator: Asset Manager of the City of Miami Beach. In the
administration of this Agreement, as contrasted with matters of policy, all parties
may rely upon instructions or determinations made by the Contract Administrator,
provided, however, that such instructions and determinations do not change the
Scope of Services.
I 1.6 CooDeratinq Broker: A real estate broker that has signed a Broker Registration
Form, in the format attached as Exhibit "0", and that represents one or more
buyer(s) at the auction of the parcels.
1.7 CITY: City of Miami Beach, a body corporate and politic and a political subdivision
of the State of Florida.
1.8 City Attornev: The chief legal counsel for the CITY who directs and supervises the
Office of the City Attorney.
1.9 Notice To Proceed: A written notice to proceed, authorizing the AUCTIONEER to
commence work under this Agreement which shall be issued by the Contract
Administrator.
1.10 Proiect: Land auctioneering services for auctioning the parcel of vacant City-
owned land located at 2620 Biarritz Drive, Miami Beach, Florida (the Property).
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ARTICLE 2
SCOPE OF SERVICES
2.1 AUCTIONEER's services shall consist of the services, phases and tasks set forth
in Exhibit "A", attached hereto and made a part hereof. AUCTIONEER shall
provide all services as set forth in Exhibit "A" including all necessary, incidental
and related activities and services required by the Scope of Services and
contemplated in AUCTIONEER's level of effort. The parties recognize that
additional work may subsequently be identified that falls within the Project due to
scheduling or other requirements. If the CITY determines in its sole and
exclusive discretion that such additional work may be included in this Agreement,
then subject to negotiation and agreement of the parties as to the terms thereof,
any such additional work shall be reflected in an amendment to this Agreement.
2.2 AUCTIONEER and CITY acknowledge that the Scope of Services does not
delineate every detail and minor work task required to be performed by
AUCTIONEER to complete the Project. If, during the course of the performance of
the services included in this Agreement, AUCTIONEER determines that work
should be performed to complete the Project which is in the AUCTIONEER's
opinion outside the level of effort originally anticipated, whether or not the Scope of
Services identifies the work items, AUCTIONEER shall notify Contract
Administrator in writing in a timely manner before proceeding with the work. If
AUCTIONEER proceeds with said work without notifying Contract Administrator,
said work shall be deemed to be within the original level of effort, whether or not
specifically addressed in the Scope of Services. Notice to Contract Administrator
does not constitute authorization or approval by CITY to perform the work.
Performance of work by AUCTIONEER outside the originally anticipated level of
effort without prior written approval from the Contract Administrator is at
AUCTIONEER's sole risk. The Scope of Services and deliverables for services
are detailed in Exhibit "A." The AUCTIONEER must perform all required services
for each phase and task, in accordance with the Scope of Services. The
maximum amounts set forth in Article 4 shall not be increased if the actual services
hours or deliverables required for any phase or task exceed that agreed to by the
CITY and the AUCTIONEER, as set forth in Article 4, unless any such work over
and above the agreed to services hours or deliverables is not due to the fault of
AUCTIONEER and is due to factors beyond the control of the AUCTIONEER.
2.3 Codes/Requlations. AUCTIONEER, as it relates to the services required to be
performed herein, represents and acknowledges to the CITY that it and its
subcontractors are knowledgeable as to any and all codes, rules and regulations
applicable in the jurisdictions in which the Project is located, including without
limitation, County and City ordinances and codes, Florida laws, rules, regulations
6
and grant requirements, and Federal laws, rules, regulations, advisory circulars
and grant requirements. In the performance of services under this Agreement, the
AUCTIONEER and its subcontractors shall comply with all such laws, codes, rules,
regulations, and requirements now in effect and as may be amended or adopted at
any time during the term of this Agreement, and shall further take into account in
the performance of its services hereunder, all known pending changes to the
foregoing. The AUCTIONEER and its subcontractors shall provide any and all
certifications to the CITY as to compliance with such laws, codes, rules,
regulations, advisory circulars and requirements, as may be required by any
governmental body, including Federal, State, Municipal and County agencies, or
as may be requested by the CITY.
2.4 Qualifications and LicensinQ. AUCTIONEER represents that it and its
subcontractors are experienced and fully qualified to perform the services
contemplated by this Agreement, and that it and its subcontractors are properly
licensed pursuant to all applicable laws, rules and regulations to perform such
services.
2.5 In order to avoid a duplication of effort or expense, AUCTIONEER agrees to utilize
any CITY provided information, including but not limited to, plans, specifications,
information, data, reports or analyses that may be prepared or generated by other
firms retained by the CITY that may be required in connection with
AUCTIONEER's services hereunder. In addition, CITY may provide any plans,
specifications or any information, obtained or prepared by AUCTIONEER,
including, but not limited to data, reports or analyses to other firms retained by the
CITY or to any other party.
2.6 AUCTIONEER shall design, develop, print, publish, mail and place all promotion
and advertising materials for the auction. AUCTIONEER shall use experience and
knowledge to attract the maximum number of bona fide buyers and shall strive for
the highest dollar return to the CITY and arrange for well organized, efficient
procedures at the auction sales.
2.7 In the event that AUCTIONEER receives a request, from a prospective purchaser,
to inspect any of the parcels of real property, AUCTIONEER shall have the
prospective purchaser sign a waiver of liability which shall be in form acceptable to
the Contract Administrator and the Office of City Attorney.
2.8 AUCTIONEER shall require that all real estate brokers, representing prospective
purchaser(s) (i.e., Cooperating Brokers), fill out a Broker Registration Form
similar to the sample attached hereto as Exhibit "0" "BROKER REGISTRATION
FORM".
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ARTICLE 3
TIME FOR PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall remain effect until the Property is sold and the transaction closes.
3.1.1 The auction date shall be mutually agreed upon by the CITY and
AUCTIONEER, and has been tentatively set for February 18, 2005. Any
deviation from said date shall be mutually agreed upon in writing by the
parties.
3.1.2 Prior to the commencement of services under this Agreement,
AUCTIONEER must receive a Notice to Proceed from the Contract
Administrator.
3.2 In the event AUCTIONEER is unable to complete any services because of delays
resulting from untimely review by CITY, and such delays are not the fault of
AUCTIONEER, or because of delays which were caused by factors outside the
control of AUCTIONEER, CITY shall grant a reasonable extension of time for
completion of the services. It shall be the responsibility of AUCTIONEER to notify
the Contract Administrator promptly in writing whenever a delay is anticipated or .
experienced, and to inform the Contract Administrator of all facts and details
related to the delay.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 COMPENSATION PAYABLE TO AUCTIONEER.
AUCTIONEER shall be paid compensation as provided in this Section 5.1. A buyer
of the Property shall pay a Buyer's Premium for the purchase of said Property that
is equal to five percent (5%) of the purchase price of the Property purchased by
the buyer. As compensation for performance of all services required under the
terms of this Agreement, the AUCTIONEER shall receive two and one-half percent
(21/2 %) of the purchase price of the Property, which shall be paid to
AUCTIONEER from the proceeds of the Buyer's Premium at closing.
AUCTIONEER shall only be paid from proceeds of the Buyer's Premium, as
collected at the closing of the Property, and shall not be entitled to any other
compensation for its services hereunder from any other closing proceeds or from
the CITY from any other sources. The Cooperating Broker representing the buyer,
if any, shall receive two and one-half percent (21/2 %) of the purchase price of the
8
Property for which such Cooperating Broker was retained, which shall be paid to
such Cooperating Broker from the proceeds of the Buyer's Premium at closing;
provided, however, if the buyer does not hire Cooperating Broker in procuring the
purchase of the Property, the CITY shall be entitled to receive the balance of the
Buyer's Premium, after remitting AUCTIONEER's portion. In addition to the
portion of the Buyer's Premium that is payable to AUCTIONEER as set forth in this
Section 4.1, AUCTIONEER shall be paid for Reimbursables as described in
Section 4.2.
4.2 REIMBURSABLES
4.2.1 Reimbursable expenses (Reimbursables) will be charged at actual costs
and shall be limited to the items described in Exhibit "B". There shall be no
reimbursement for travel expenses.
4.2.2 It is acknowledged and agreed to by AUCTIONEER that the dollar limitation
set forth in Exhibit "B" is a limitation upon, and describes the maximum
extent of, CITY's obligation to pay for Reimbursables, but does not
constitute a limitation, of any sort, upon AUCTIONEER's obligation to incur
such expenses in the performance of services hereunder. If CITY or
Contract Administrator requests AUCTIONEER to incur expenses not
contemplated in the amount for Reimbursables, AUCTIONEER shall notify
Contract Administrator in writing before incurring such expenses. Any such
expenses shall be reviewed and approved in writing by Contract
Administrator prior to incurring such expenses.
4.2.3 If any Reimbursables identified in Exhibit "B" are not needed or otherwise
expended, the unused/unexpended amount shall remain with (or be
returned to, as the case may be) the CITY.
4.3 METHOD OF BILLING AND PAYMENT
4.3.1 AUCTIONEER shall submit billings for Reimbursables, on a monthly basis
in a timely manner. A detailed statement of expenses must accompany any
request for reimbursement. Expenses must be documented by originals of
paid receipts, or other evidence of payment acceptable to the Contract
Administrator. For each billing, the AUCTIONEER shall submit an original
billing and two copies (with all back-up) to the Contract Administrator.
4.3.2 Closinq statement items. The following items and expenses shall be paid
from the proceeds of the sale of the Property on the closing date:
9
. Cooperating Broker's fees of the purchaser of two and one-half percent
(2.5%) of the purchase price, payable only from the Buyer's Premium
. Two and one-half percent (2.5%) of the purchase price payable from the
Buyer's Premium shall be paid to the CITY at the closing of any parcel for
which the buyer did not retain a Cooperating Broker
. The AUCTIONEER'S compensation of two and one-half percent (2.5%) of
the purchase price payable only from the Buyer's Premium
. Other expenses which are not part of this contract will also appear on the
closing statement, as required by the Real Estate Purchase and Sale
Contract for the Property
4.3.3 Payment will be made to AUCTIONEER at:
Mr. Louis B. Fisher, III, CEO
Fisher Auction Co., Inc.
2745 E. Atlantic Blvd.
Suite 200
Pompano Beach, FL 33062
ARTICLE 5
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
5.1 CITY or AUCTIONEER may request changes that would increase, decrease, or
otherwise modify the Scope of Services to be provided under this Agreement.
Such changes must be made in accordance with the provisions of the City of
Miami Beach Procurement Ordinance and must be contained in a written
amendment, prepared with the same or similar formality as this Agreement and
executed by the parties hereto, prior to any deviation from the terms of this
Agreement including the initiation of any additional services.
5.2 In the event a dispute between the Contract Administrator and AUCTIONEER shall
arise over whether requested services constitute additional services and such
dispute cannot be resolved by the Contract Administrator and AUCTIONEER, such
dispute shall be presented to the City Commission, for resolution. The City
Commission's decision shall be final and binding on the parties. Any resolution in
favor of AUCTIONEER shall be set forth in a written document in accordance with
Section 6.1 below. During the pendency of any dispute, AUCTIONEER shall
promptly perform the disputed services.
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ARTICLE 6
CITY'S RESPONSIBILITIES
6.1 CITY shall assist AUCTIONEER by placing at AUCTIONEER's disposal all
information CITY has available pertinent to the Project, if any, including previous
reports, surveys, legal descriptions and any other data relative to the Project, as
requested by the Auctioneer. It is understood and agreed that CITY, in making
reports, and documents available to the AUCTIONEER is in no way certifying as to
the accuracy or completeness of such data, and any supporting documentation
included therein. Any conclusions or assumptions drawn through examination
thereof shall be the sole responsibility of the AUCTIONEER and subject to
whatever measure it deems necessary to final verification essential to its
performance under this Agreement.
6.2 CITY shall arrange for access to, and make all provisions for, AUCTIONEER to
enter upon public property as required for AUCTIONEER to perform services.
6.3 CITY shall review the deliverables/documents identified in Exhibit "A" and respond
in writing with any comment within the time set forth on the approved Project
Schedule.
ARTICLE 7
MISCELLANEOUS
7.1 NONDISCRIMINATION, EQUAL OPPORTUNITY EMPLOYMENT AND
AMERICANS WITH DISABILITIES ACT
7.1.1 AUCTIONEER shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. AUCTIONEER shall affirmatively comply
with all applicable provisions of the Americans with Disabilities Act (ADA) in
the course of providing any services funded by CITY, including Titles I and
II of the ADA (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards. In addition,
AUCTIONEER shall take affirmative steps to ensure nondiscrimination in
employment against disable d persons.
7.1.2 AUCTIONEER'S decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status,
physical or mental disability, political affiliation, or any other factor which
11
cannot be lawfully used as a basis for service delivery.
7.2 OWNERSHIP OF DOCUMENTS
All finished or unfinished documents, data, studies, surveys, drawings, maps,
photographs and reports prepared or provided by AUCTIONEER in connection
with this Agreement shall become the property of CITY, whether the Project for
which they are made is completed or not, and shall be delivered by AUCTIONEER
to CITY within thirty (30) days of the expiration of this Agreement or the receipt of
the written notice of termination by the City. If applicable, CITY may withhold any
payments then due to AUCTIONEER until AUCTIONEER complies with the
provisions of this section.
7.3 TERMINATION
7.3.1 This Agreement may be terminated for cause by the City, through its
Contract Administrator, or by AUCTIONEER upon three (3) business days'
written notice by the party that elected to terminate, or for convenience by
the City, through its Contract Administrator, upon not less than fourteen (14)
calendar days' written notice by Contract Administrator. This Agreement
may also be terminated by the City, through its ,Contract Administrator upon
such notice as Contract Administrator deems appropriate under the
circumstances in the event Contract Administrator determines that
termination is necessary to protect the public health, safety, or welfare.
7.3.2 Termination of this Agreement for cause shall include, but not be limited to,
failure to suitably perform the work, failure to continuously perform the work
in a manner calculated to meet or accomplish the objectives of CITY as set
forth in this Agreement, or multiple breach of the provisions of this
Agreement notwithstanding whether any such breach was previously
waived or cured.
7.3.3 Notice of termination shall be provided in accordance with the "NOTICES"
section of this Agreement except that notice of termination by Contract
Administrator which Contract Administrator deems necessary to protect the
public health, safety, or welfare may be verbal notice which shall be
promptly confirmed in writing in accordance with the "NOTICES" section of
this Agreement.
7.3.4 In the event this Agreement is terminated for convenience prior to the
auction of the parcels, AUCTIONEER shall be paid only for any expenses
incurred to the date the Agreement is terminated. Payment shall be
12
withheld until all documents specified in Section 8.3.6 of this Agreement are
provided to the CITY. Upon being notified of CITY's election to terminate,
AUCTIONEER shall refrain from performing further services or incurring
additional expenses under the terms of this Agreement. Under no
circumstances shall CITY make payment of profit for services which have
not been performed. AUCTIONEER acknowledges and agrees that ten
dollars ($10.00) of the compensation to be paid by CITY, the adequacy of
which is hereby acknowledged by AUCTIONEER, is given as specific
consideration to AUCTIONEER for CITY's right to terminate this Agreement
for convenience.
7.3.5 If the term of this Agreement extends beyond a single fiscal year of CITY,
the continuation of this Agreement beyond the end of any fiscal year shall
be subject to the availability of funds from CITY in accordance with Chapter
129, Florida Statutes, as it may be amended.
7.3.6 In the event of any termination AUCTIONEER shall deliver all documents
and records, including without limitation, all data, studies, surveys,
drawings, maps, models, photographs and reports prepared or provided by
AUCTIONEER in connection with this Agreement (in whatever state they
may be in at the date of termination) to the CITY within thirty (30) calendar
days following receipt of the written notice of termination. Any amounts due
AUCTIONEER shall be withheld until all documents and records are
received by CITY as provided herein.
7.4 AUDIT RIGHT AND RETENTION OF RECORDS
CITY shall have the right to audit the books, records, and accounts of
AUCTIONEER that are related to the Project and this Agreement. AUCTIONEER
shall keep such books, records and accounts and require any and all sub
Contractors to keep books, records and accounts as may be necessary in order to
record complete and correct entries related to the Project and this Agreement,
including without limitation, entries as to personnel hours charged to the Project
and any expenses for which AUCTIONEER expects to be reimbursed.
AUCTIONEER shall preserve and make available, at reasonable times for
examination and audit by CITY, all books, records and accounts relating to the
Project and this Agreement, including without limitation, financial records,
supporting documents, statistical records, and any other documents pertinent to
this Agreement or the Project, all of which shall be preserved for the required
"Retention Period" (as hereinafter defined). The "Retention Period" is defined as
the greater of: (i) the required retention period of the Florida Public Records Act
(Chapter 119, Fla. Stat.), or if any audit has been initiated and audit findings have
13
not been resolved at the end of such period, the books, records and accounts shall
be retained until resolution of the audit findings, or (ii) for a period of three (3) years
after final payment and the completion of all work to be performed pursuant to this
Agreement, or if any audit has been initiated and audit findings have not been
resolved at the end of the three years, the books, records and accounts shall be
retained until resolution of the audit findings, or (iii) the books, records and
accounts shall be retained until resolution of the audit findings. Incomplete or
incorrect entries in such books and records will be grounds for CITY's disallowance
and recovery of any fees or expenses based upon such entries. If the Florida
Public Records Act is determined by CITY to be applicable to AUCTIONEER's
records, AUCTIONEER shall comply with all requirements thereof; however, no
confidentiality or non-disclosure requirement of either federal or state law shall be
violated by AUCTIONEER.
7.5 PUBLIC ENTITY CRIMES ACT
AUCTIONEER represents that the execution of this Agreement will not violate the
Public Entity Crimes Act (Section 287.133, Florida Statutes), which essentially
provides that a person or affiliate who is a contractor, AUCTIONEER or other
provider and who has been placed on the convicted vendor list following a
conviction for a Public Entity Crime may not submit a bid on a contract to provide
any goods or services to CITY, may not submit a bid on a contract with CITY for
the construction or repair of a public building or public work, may not submit bids
on leases of real property to CITY, may not be awarded or perform work as a
contractor, supplier, subcontractor, or AUCTIONEER under a contract with CITY,
and may not transact any business with CITY in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two purchases for a
period of 36 months from the date of being placed on the convicted vendor list.
Violation of this section shall result in termination of this Agreement and recovery
of all monies paid hereto, and may result in debarment from CITY's competitive
procurement activities.
In addition to the foregoing, AUCTIONEER further represents that there has been
no determination, based on an audit, that it committed an act defined by Section
287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether AUCTIONEER has been
placed on the convicted vendor list.
7.6 NO CONTINGENT FEE
AUCTIONEER warrants that it has not employed or retained any company or
14
person, other than a bona fide employee working solely for AUCTIONEER, to
solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bona fide employee
working solely for AUCTIONEER any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, CITY shall have the right
to terminate the Agreement without liability at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
7.7 SUBCONTRACTORS
7.7.1 AUCTIONEER shall utilize the subcontractors identified in the proposal that
was a material part of the selection of AUCTIONEER to provide the
services for this Project. AUCTIONEER shall obtain written approval of
Contract Administrator prior to changing or modifying the list of
subcontractors submitted by AUCTIONEER. The list of subcontractors
submitted is as follows:
Creative Marketing Specialists, Inc
7.7.2 Invoices for any services performed by any subcontractors shall be passed
through to CITY without additional charge by the AUCTIONEER. All such
work shall be itemized on invoices from such subcontractors, showing work
performed and charges incurred.
7.7.3 All rates, multipliers and any other fees charged by any subcontractors shall
be not more than those rates, multipliers and other fees in any contracts
that any such subcontractors may have with the CITY directly or as
subcontractor under some other CITY agreement.
7.7.4 AUCTIONEER shall bind each and every approved subcontractor to the
terms stated in this Agreement and shall require the proper licensing of
such subcontractors.
7.7.5 If any of the services outlined in this Agreement are furnished by
AUCTIONEER by obtaining the services of subcontractors, AUCTIONEER
shall provide CITY with proposals and contracts between the
subcontractors and AUCTIONEER outlining the services to be performed
and the charges for same, together with any other documentation required
by CITY.
15
7.8 AUCTIONEER CERTIFICATION
The AUCTIONEER hereby certifies that this Agreement is made in good faith, and
without fraud, collusion of any kind with any other AUCTIONEER for the same
work, and that the AUCTIONEER is acting solely on its own behalf without
connection with, or obligation to, any undisclosed person or firm.
7.9 ASSIGNMENT AND PERFORMANCE
7.9.1 Neither this Agreement nor any interest herein shall be assigned,
transferred, or encumbered by either party and AUCTIONEER shall not
subcontract any portion of the work required by this Agreement except as
authorized pursuant to Section 7.7.
7.9.2 AUCTIONEER represents that all persons delivering the services required
by this Agreement have the knowledge and skills, either by training,
experience, education, or a combination thereof, to adequately and
competently perform the duties, obligations, and services set forth in the
Scope of Services and to provide and perform such services to CITY's
satisfaction for the agreed compensation. Nothing in this Agreement shall
relieve the AUCTIONEER of its prime and sole responsibility for the
performance of the work under this Agreement.
7.9.3 AUCTIONEER shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of
AUCTIONEER's performance and all interim and final product(s) provided
to or on behalf of CITY shall be comparable to the best local and national
standards.
7.10 INDEMNIFICATION OF CITY
AUCTIONEER shall at all times hereafter indemnify, hold harmless and, at CITY
Attorney's option, defend or pay for an attorney selected by CITY Attorney to
defend CITY, its officers, agents, servants, and employees against any and all
claims, losses, liabilities, and expenditures of any kind, including attorney fees,
court costs, and expenses, caused by negligent act or omission of AUCTIONEER,
its employees, agents, subcontractors, servants, or officers, or accruing, resulting
from, or related to the subject matter of this Agreement including, without limitation,
any and all claims, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. The
provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by Contract Administrator and
16
City Attorney, any sums due AUCTIONEER under this Agreement may be retained
by CITY until all of CITY's claims for indemnification pursuant to this Agreement
have been settled or otherwise resolved; and any amount withheld shall not be
subject to payment of interest by CITY.
7.11 INSURANCE
AUCTIONEER shall provide, pay for and maintain in force at all times during the
services to be performed, such insurance, including Workers' Compensation
Insurance, Comprehensive General or Commercial Liability Insurance and
Employer's Liability Insurance.
Such policy or policies shall be issued by approved companies authorized to do
business in the State of Florida and having agents upon whom service of process
may be made in the State of Florida. AUCTIONEER shall specifically name the
City of Miami Beach, Florida as additional insured under the Comprehensive
General or Commercial Liability Insurance policy hereinafter described.
7.11.1 AUCTIONEER shall notify Contract Administrator in writing within thirty (30)
calendar days of any claims filed or made against the Professional Liability
Insurance Policy.
7.11.2 Workers' Compensation Insurance shall be provided to apply for all
employees in compliance with the Workers' Compensation Law of the State
of Florida and all applicable federal laws.
7.11.3 Comprehensive General or Commercial Liabilitv Insurance with minimum
limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence
combined single limit for Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a form no more restrictive than the
latest edition of the Commercial General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
Premises and/or Operations.
Independent Contractors.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific
Agreement.
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.
17
7.11.4 AUCTIONEER shall provide to CITY Certificate(s) of Insurance for all
insurance policies required by Section 8.11 including any subsection
thereunder. CITY reserves the right to require a certified copy of such
policies upon request. All certificates and endorsements required herein
shall state that CITY shall be given at least thirty (30) calendar days notice
prior to expiration or cancellation of the policy. Any insurance coverage that
is written on a "claims made" basis must remain in force for two (2) years
after the acceptance of the Project by the CITY.
7.12 REPRESENTATIVE OF CITY AND AUCTIONEER
7.12.1 The parties recognize that questions in the day-to-day conduct of the
Project will arise. The Contract Administrator, upon AUCTIONEER's
request, shall advise AUCTIONEER in writing of one (1) or more of Contract
Administrator's employees to whom all communications pertaining to the
day-to-day conduct of the Project shall be addressed.
7.12.2 AUCTIONEER shall inform the Contract Administrator in writing of
AUCTIONEER's representative to whom matters involving the conduct of
the Project shall be addressed.
7.13 NO CONFLICTS
7.13.1 The employees and officers of AUCTIONEER, its subcontractors, and the
subsidiaries of AUCTIONEER and its subcontractors shall not, during the
term of this Agreement, serve as an expert witness against CITY in any
legal or administrative proceeding in which he or she is not a party, unless
compelled by court process. Further, AUCTIONEER agrees that such
persons shall not give sworn testimony or issue a report or writing, as an
expression of his or her expert opinion, which is adverse or prejudicial to the
interests of CITY or in connection with any such pending or threatened legal
or administrative proceeding. The limitations of this section shall not
preclude such persons from representing themselves in any action or in any
administrative or legal proceeding.
7.13.2 AUCTIONEER, its subcontractors, and the subsidiaries, officers, and
personnel of AUCTIONEER and its subcontractors shall not acquire any
interest in any parcel of land or improvement thereon located within the City
of Miami Beach.
7.13.3 AUCTIONEER, its subcontractors, and the subsidiaries, officers and
18
personnel of AUCTIONEER and its subcontractors shall not perform work
that would in any way be in conflict with the Project or detrimental to the
Project, for any municipality, developer, tenant or landowner developing or
having property within the City of Miami Beach. At least ten (10) calendar
days prior to undertaking any work for any of the listed entities, the
AUCTIONEER shall provide the Contract Administrator with a written
description of the contemplated work and the Contract Administrator shall
promptly advise as to whether such work would be detrimental to the
Project or in conflict therewith.
7.13.4 AUCTIONEER, its subcontractors, and the subsidiaries, officers, and
personnel of AUCTIONEER and its subcontractors shall not have or hold
any continuing or frequently recurring employment or contractual
relationship that is substantially antagonistic or incompatible with such
party's loyal and conscientious exercise of judgment related to its
performance under this Agreement.
7.13.5 In the event AUCTIONEER is permitted to utilize subcontractors to perform
any services required by this Agreement, AUCTIONEER agrees to prohibit
such subcontractors, by written contract, from having any conflicts as within
the meaning of this section.
7.14 ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained
herein; and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in a written
document prepared with the same or similar formality as this Agreement and
executed by the parties hereto.
7.15 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in
writing, sent by registered United States mail, return receipt requested, addressed
to the party for whom it is intended at the place last specified. The place for giving
19
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of notice:
FOR CITY OF MIAMI BEACH:
Asset Manager
City of Miami Beach
Office of Asset Management
1700 Convention Center Drive, 3rd Floor
Miami Beach, FL 33139
Attn: Joe Damien, Asset Manager
with a COpy to:
City Attorney's Office
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Attn: Murray H. Dubbin, Esq.
FOR AUCTIONEER:
Chief Executive Officer
Fisher Auction Co., Inc.
2745 E. Atlantic Blvd.
Suite 200
Pompano Beach, FL 33062
Attn: Louis B. Fisher, III
7.16 TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Agreement by AUCTIONEER shall act as the execution of a truth-
in-negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation of this Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions
thereto shall be adjusted to exclude any significant sums by which CITY
determines the contract price was increased due to inaccurate, incomplete, or
noncurrent wage rates and other factual unit costs. All such contract adjustments
shall be made within one (1) year following the end of this Agreement.
20
7.17 INTERPRETATION
The headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender, and the
singular shall include the plural, and vice versa, unless the context otherwise
requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to
this Agreement as a whole and not to any particular sentence, paragraph, or
section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to
the Section or Article as a whole, including all of the subsections of such Section,
unless the reference is made to a particular subsection or subparagraph of such
Section or Article.
7.18 AUCTIONEER'S STAFF
AUCTIONEER will provide the key staff identified on Exhibit "C" for the Project.
AUCTIONEER's key staff shall not be changed without the prior written approval of
the Contract Administrator as set forth below.
Prior to changing any key staff set forth on Exhibit "C," AUCTIONEER shall
provide Contract Administrator with such information as necessary to determine
the suitability of proposed new key staff. The Contract Administrator will be
reasonable in evaluating the qualifications of any proposed key staff.
If Contract Administrator desires to request removal of any of AUCTIONEER's
staff, the Contract Administrator shall first meet with AUCTIONEER and provide
reasonable justification for said removal.
7.19 INDEPENDENT CONTRACTOR; THIRD PARTY BENEFICIARIES
AUCTIONEER is an independent contractor under this Agreement. Services
provided by AUCTIONEER shall be subject to the supervision of AUCTIONEER. In
providing the services, AUCTIONEER or its agents shall not be acting and shall
not be deemed as acting as officers, employees or agents of the CITY. The
parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Agreement. Neither
AUCTIONEER nor CITY intends to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a
claim against either of them based upon this Agreement. This Agreement shall not
constitute or make the parties a partnership or joint venture.
21
7.20 INCORPORATION BY REFERENCE
The attached Exhibits "A" through "D" are incorporated into and made a part of
this Agreement. In the event of conflict between the terms contained in this
Agreement and the terms contained in any of the documents attached or
incorporated herein, the terms of this Agreement shall control and shall be given
full effect.
7.21 OBSERVANCE OF LAWS
Throughout the term of this Agreement, the AUCTIONEER shall keep fully
informed of all federal, state, County, City's municipal and local laws, ordinances,
codes, rules, and regulations, and all orders and decrees of bodies or tribunals
having jurisdiction or authority which, in any manner, affect work authorized under
the terms of this Agreement, and shall further take into account all known pending
changes to the foregoing. The AUCTIONEER shall at all times observe and
comply with all such laws, ordinances, codes, rules, regulations, orders, and
decrees in performing its duties, responsibilities, and obligations related to this
Agreement.
7.22 AGREEMENT SEVERABLE; WAIVER OF BREACH AND MATERIALITY
7.22.1 In the event any portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be
effective, unless CITY or AUCTIONEER elects to terminate this Agreement.
Any election to terminate this Agreement based upon this provision shall be
made within seven (7) calendar days after the finding by the court becomes
final.
7.22.2 Failure by CITY to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A
waiver of any breach of a provision of this Agreement shall not be deemed
a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
7.22.3 CITY and AUCTIONEER agree that each requirement, duty, and obligation
set forth herein is substantial and important to the formation of this
Agreement and, therefore, is a material term hereof.
22
7.23 JOINT PREPARATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any
other.
7.24 APPLICABLE LAW AND VENUE
This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to
principles of conflict of laws. The exclusive venue for any litigation arising out of
this Agreement shall be Miami-Dade County, Florida, if in state court, and the
U.S. District Court, Southern District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, CITY AND AUCTIONEER EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
23
IN WITNESS WHEREOF, City of Miami Beach and the Fisher Auction Co., Inc.
have caused this Agreement to be duly exe ted in their name and on their behalf by
their duly constituted officers, as of this Jr ay JA/II1I1J11A1 ,2005.
Attest:
~rr(U~
City Clerk
Attest:
FISHER AUCTION CO., INC.
Secretary
_lei ll' 5 6. \=,,~ h ~ (' J -:-\ '\.
(Print Name)
By
~f!tifl-
. Officer)
Lo,/;.J /1 ~<J~IL 7lZ
(Print Name)
(CORPORATE SEAL)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
24
EXHIBIT A
Scope of Services
City of Miami Beach
For Auction of 2620 Biarritz Drive
Pursuant to RFP No. 30-03/04
TASK TO BE ACCOMPLISHED
1) Preparation for Auction
a. Ordering Owner and Encumbrance
(O&E) Title Reports for the parcel.
b. Review of the 0 & E Title Reports for
Sale and Marketability.
c. Interviewing and discussion with the
assigned appraiser for valuations
consistent with the Terms and
Conditions of Sale; obtaining data and
information essential to the marketing
of the parcels; and reproducing
selected data in the Property
Information Packages for prospective
purchasers.
d. Copying and compiling all information
available and needed on the parcels
for distributing to interested prospects.
e. Developing a detailed line item
marketing / advertising budget for
approval.
f. Order aerial photographs of the parcels
for the brochure / flyer and all
marketing materials.
g. Prepare the Purchase and Sale
Agreement for conveying the parcels.
h. Develop an overall marketing theme for
the advertising / marketing program.
i. Implement and place the advertising for
all approved print and electronic media.
j. Place on-site and off-site auction
signage to access the brokerage /
investment community.
25
CONTRACTOR/SUBCONTRACTOR
ASSIGNED TO PERFORM
N/A
N/A
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co, Inc. / Creative
Marketing Specialists, Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc. / City of Miami
Beach
Fisher Auction Co., Inc. / Creative
Marketing Specialists, Inc.
Fisher Auction Co., Inc. / Creative
Marketing Specialists, Inc.
Fisher Auction Co., Inc.
TASK TO BE ACCOMPLISHED
k. Select and order all appropriate
databases for direct mail and email
(receive any names City of Miami
Beach of previously interested parties).
I. Print and mail advance notice sales
brochure.
m. Post information on Fisher Auction Co.,
Inc. and City of Miami Beach websites
with links to compatible real estate
sites.
n. Set up 800-toll free automated phone
for 24/7 information.
o. Implement an aggressive proactive
Public Relations campaign.
p. Select auction site for auction.
q. Print the Property Information
Packages for distribution to interested
prospects.
r. Conduct a buyer / broker seminar on
"How to participate and earn
commissions" .
s. Development Frequently Asked
Questions and Answers, Broker
Registration form, Absentee Bid form,
Property Information Package order
form, Disclaimers.
t. Report all tracking processes and
responses to the marketing campaign.
u. Meet with City of Miami Beach for
regular updates.
v. Invoice for expenses to date.
2) Conduct Auction / Dav of Sale Activities
a. Register all bidders with certified funds.
b. Test all audio / visual equipment.
c. Contract with entertainment and
security for the event.
CONTRACTOR/SUBCONTRACTOR
ASSIGNED TO PERFORM
Fisher Auction Co., Inc.
Fisher Auction Co., Inc. / Creative
Marketing Specialists, Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc. / Creative
Marketing Specialists, Inc. / City of
Miami Beach
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc. / City of Miami
Beach
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc. / City of Miami
Beach
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
26
TASK TO BE ACCOMPLISHED
d. Meet with Press in attendance
e. Answer prospects questions.
f. Read Terms and Conditions of sale
and any announcements.
g. Offer parcel individually
h. Videotape / audio tape the auction for
documentation of results.
i. Collect escrow deposits (set up
escrow).
j. Staff Contract Room
k. Execute Purchase and Sale
Agreements.
I. Schedule closing dates with buyer.
m. Collect back-up bids.
3) Post Sale Services to Transfer
Ownership
a. Track and report all post-auction
closing activity.
b. Contact buyer for scheduled closings.
c. Prepare all documents for closing.
d. Record all documents.
e. Remit proceeds to City of Miami Beach
f. Pay all commissions at closing.
g. Submit Seller's Book of all pre-auction
and post-auction activities.
h. Submit invoices and backup for unpaid
expenses.
i. Market to interested prospects any high
bidder contracts in default.
27
CONTRACTO~SUBCONTRACTOR
ASSIGNED TO PERFORM
Fisher Auction Co., Inc. / City of Miami
Beach
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
City of Miami Beach
Fisher Auction Co., Inc. / City of Miami
Beach
Fisher Auction Co, Inc. / City of Miami
Beach
City of Miami Beach
Fisher Auction Co., Inc.
City of Miami Beach / Fisher Auction
Co., Inc.
City of Miami Beach
City of Miami Beach
City of Miami Beach
City of Miami Beach
City of Miami Beach
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
Fisher Auction Co., Inc.
EXHIBIT B
REIMBURSABLES
Advertising:
1.
National/Regional Publications
To include such publications as the
Wall Street Journal, etc.
2.
Local/Florida Publications
To include such publications as the
Miami Herald, Wall Street Journal
Regional, Daily Business Review,
Miami Today, etc.
3.
Real Estate Publications
4.
Internet Advertising
Marketing:
3,030.50
4,942.00
650.00
750.00
4. To include marketing tools such as 5,292.50
telemarketing programs, Broker/Buyer
Seminar, CMS, Inc. Marketing/Public
Relations Firm, Property Information
Packages, mailing lists, signage,
Postage, etc.
Auction Day Services:
5.
To include such expenses as a
tent, chairs, security, staffing,
videotaping, auction day materials,
etc.
Total Allowable Reimbursables
650.00
28
$9,372.50
$5,292.50
$ 650.00
$14.665.00
EXHIBIT "C"
KEY STAFF FOR AUCTIONEERING SERVICES
. Louis B. Fisher, III
CEO, Project Director
. Lamar P. Fisher
President, Project Mgr
. Andre LaBauve, Controller
Tracking/Reporting Processes
. Mitzi A. Fisher, President, Creative Marketing Specialists, Inc.
29
EXHIBIT "0"
BROKER REGISTRATION FORM
FOR COOPERATING BROKERS
REAL ESTATE BROKER REGISTRATION FORM FOR
FISHER AUCTION CO., INC. REAL ESTATE AUCTIONS
AUCTION DATE:
(Please fill in)
NOTICE: BUYER UNDERSTANDS THAT THEY DO NOT HAVE TO BE REGISTERED
BY A REAL ESTATE BROKER TO BE ELIGIBLE TO BID IN THIS AUCTION; HOWEVER,
FISHER AUCTION CO., INC. ENCOURAGES BUYERS TO BE REGISTERED BY A REAL
ESTATE BROKER SO THAT THEY ARE MORE KNOWLEDGEABLE ABOUT THE
PROPERTY AND THEREFORE CAN MAKE A MORE INFORMED BUYING DECISION.
SHOULD THE BUYER ELECT TO BE REGISTERED BY A REAL ESTATE BROKER, THE
BUYER ACKNOWLEDGES THAT THEY HAVE THE RIGHT TO CHOOSE ANY
PROPERLY FLORIDA LICENSED REAL ESTATE BROKER TO REGISTER THEM
(Buyer
Initials)
REAL ESTATE BROKER INFORMATION:
AGENT NAME COMPANY
ADDRESS
CITY ST ZIP
PHONE: OFFICE ( ) FAX: ( )
E-MAIL ADDRESS
REAL ESTATE BROKER LICENSE # TAX ill #
REAL ESTATE BROKER SIGNATURE DATE
BUYER INFORMATION:
NAME COMPANY
ADDRESS
CITY ST ZIP
30
PHONE: OFFICE ( )
FAX:(
)
HOME:(
)
E-MAIL
BUYER SIGNATURE
DATE
NO REAL ESTATE BROKER WILL RECEIVE A COMMISSION FEE WITHOUT PROPERLY REGISTERING A
BUYER ACCORDING TO THE TERMS OF THE AUCTION PUBLISHED IN THE AUCTION BROCHURE.
ELIGIBLE REAL ESTATE BROKERS WILL BE COMPENSATED PER THE TERMS OF EACH SPECIFIC AUCTION, AS
EARNED COMMISSION FOR SUCCESSFULLY SOLICITING AND REGISTERING A BUYER WHO BIDS AND CLOSES
ON A PROPERTY SOLD IN THIS AUCTION. A REAL ESTATE BROKER MAY NOT REPRESENT HIS/HERSELF OR
F AMIL Y MEMBER IN THE SAME TRANSACTION AND RECEIVE A COMMISSION.
AUCTION DATE: CHECK EACH SPECIFIC AUCTION FOR FISHER AUCTION USE ONLY:
IMPORT ANT: ALL BROKER REGISTRATIONS MUST BE PROPERLY DATE RECENED:
EXECUTED AND FAXED TO (954) BY 5:00 P.M. E.D.T.lE.S.T., TIME:
AT LEAST 2 DAYS PRIOR TO AUCTION DAY. REGISTRATIONS
RECEIVED AFTER THIS TIME WILL NOT BE CONSIDERED
REGARDLESS OF FAX TRANSMISSION ERRORS OR FAILURE.
31
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, .