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HomeMy WebLinkAboutExhibitAUCTION SERVICES AGREEMENT CITY OF MIAMI AND FISHER AUCTION CO., INC. First Amendment Dated: Seller(s): Address: City/State/Zip: Telephone: Facsimile: E-Mail: FIRST AMENDMENT AUCTION SERVICES AGREEMENT February 27, 2011 City of Miami 444 SW 2nd Ave. Miami, Florida 33130 305-416-1910 305-416-1925 krobertson@miamigov.com This first Amendment to the Contract for "Auction Services" by and between the above mentioned individuai(s)/entities hereinafter referred to as "Seller(s)" and FISHER AUCTION CO., INC., hereinafter referred to as "Auctioneer", dated February 27, 2006, which is deemed as being incorporated by reference as if set forth in full herein, is entered into this 27 day of February, 2011. RECITAL WHEREAS, on February 23, 2006, the Miami City Commission adopted Resolution No. 06-0110, accepting the recommendation of the City Manager approving the findings of the evaluation committee, pursuant to Request for Proposals (RFP) No. 04-05-137, that the top -ranked firm to provide On -Site Auction Services is Fisher Auction Co., Inc.; authorizing the City Manager to negotiate and execute a Professional Services Agreement(s) ("agreement"), on an as -needed basis, for a three-year period, with the option to extend for two (2) additional one (1) year periods, subject to the terms and conditions as stated in said agreement; and WHEREAS, on February 27, 2006, the Seller executed an Auction Services Agreement with the Auctioneer, for a three-year period, with the option to extend for two (2) additional one (1) year periods, subject to the terms and conditions as stated in the agreement for the auctioning of automobiles (surplus and._confiscated/found), trucks, fire -fighting equipment and vehicles, heavy equipment, boats, work equipment, personal and mainframe computers, office equipment, furniture, jewelry, electronics, miscellaneous police confiscated items and found property; and WHEREAS, the Auction Services Agreement executed between the Seller and Auctioneer, for On - Site Auction Services is set to expire on February 26, 2011 with no more additional options for renewal; and WHEREAS, in an effort to avoid an interruption of On -Site Auction Services, it is now necessary to amendment the Auction Services Agreement to allow for an additional one (1) year renewal option, while a new Request for Proposals (RFP) is being solicited, evaluated, and awarded by the Seller(s); and WHEREAS, the Miami City Commission, by Resolution No. , adopted on has authorized the City Manager to execute the First Amendment to the Auction Services Agreement between the Seller and Auctioneer to include an additional one (1) year renewal option, in an effort to avoid an interruption of on -site auction services while a new Request for Proposals (RFP) is being solicited, evaluated, and awarded by the Seller; and WHEREAS, the total commission payments by the Seller to the Auctioneer during the extended term will not exceed $25,000. �2 ��/ ice{ TERMS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and promises herein contained, Auctioneer and Seller agree as follows: The Auction Services Agreement dated February 27, 2006, is hereby amended as follows: I. Section XX. TERM OF AGREEMENT, is hereby revised as follows: The term of the Contract(s) shall be for three (3) years with an option to renew for two (2) three (3) additional one (1) year periods at the sole discretion of the Seller. IN WITNESS WHEREOF the parties hereto have executed this First Amendment on the day and date first above written in herein, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. WITNESS: (If Corporation, Attach Fisher Auction Company Co., Inc. Seal and Attest by Secretary) Signature Signature Print Name Print Name Print Title Print Title ATTEST: CITY OF MIAMI Priscilla A. Thompson City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Gary Reshefsky Risk Management Director Tony E. Crapp, Jr. City Manager APPROVED AS TO FORM AND CORRECTNESS: Julie 0. Bru City Attorney INTERNET AUCTION SERVICES AGREEMENT CITY OF MIAMI AND LONE STAR AUCTIONEERS, INC. First Amendment Dated: Seller(s): Address: City/State/Zip: Telephone: Facsimile: E-Mail: FIRST AMENDMENT INTERNET AUCTION SERVICES AGREEMENT February 24, 2011 City of Miami 444 SW 2"d Ave. Miami, Florida 33130 305-416-1910 305-416-1925 krobertson@miamigov.com This first Amendment to the Contract for "Internet Auction Services" by and between the above mentioned individual(s)/entities hereinafter referred to as "Seller(s)" and LONE STAR AUCTIONEERS, INC., hereinafter referred to as "Auctioneer", dated February 24, 2006, which is deemed as being incorporated by reference as if set forth in full herein, is entered into this 24 day of February, 2011. RECITAL WHEREAS, on February 23, 2006, the Miami City Commission adopted Resolution No. 06-0110, accepting the recommendation of the City Manager approving the findings of the evaluation committee, pursuant to Request for Proposals (RFP) No. 04-05-137, that the top -ranked firm to provide Internet Auction Services is Lone Star Auctioneers, Inc.; authorizing the City Manager to negotiate and execute a Professional Services Agreement(s) ("agreement"), on an as -needed basis, for a three-year period, with the option to extend for two (2) additional one (1) year periods, subject to the terms and conditions as stated in said agreement; and WHEREAS, on February 24, 2006, the Seller executed an Internet Auction Services Agreement with the Auctioneer, for a three-year period, with the option to extend for two (2) additional one (1) year periods, subject to the terms and conditions as stated in the agreement for the auctioning of automobiles (surplus_and confscatedjfoun ),_trucks,__.fire-fightingequipment and vehicles,_ heavy equipment, boats, work equipment, personal and mainframe computers, office equipment, furniture, jewelry, electronics, miscellaneous police confiscated items and found property; and WHEREAS, the Internet Auction Services Agreement executed between the Seller and Auctioneer, for Internet Auction Services is set to expire on February 23, 2011 with no more additional options for renewal; and WHEREAS, in an effort to avoid an interruption of Internet Auction Services, it is now necessary to amendment the Internet Auction Services Agreement to allow for an additional one (1) year renewal option, while a new Request for Proposals (RFP) is being solicited, evaluated, and awarded by the Seller(s); and WHEREAS, the Miami City Commission, by Resolution No. , adopted on has authorized the City Manager to execute the First Amendment to the Internet Auction Services Agreement between the Seller and Auctioneer to include an additional one (1) year renewal option, in an effort to avoid an interruption of internet auction services while a new Request for Proposals (RFP) is being solicited, evaluated, and awarded by the Seller; and arc- // 7,9-y WHEREAS, the total commission payments by the Seller to the Auctioneer during the extended term will not exceed $25,000. TERMS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and promises herein contained, Auctioneer and Seller agree as follows: The Internet Auction Services Agreement dated February 24, 2006, is hereby amended as follows: I. Section XX. TERM OF AGREEMENT, is hereby revised as follows: The term of the Contract(s) shall be for three (3) years with an option to renew for two-(24 three j31 additional one (1) year periods at the sole discretion of the Seller. IN WITNESS WHEREOF the parties hereto have executed this First Amendment on the day and date first above written in herein, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. WITNESS: (If Corporation, Attach Lone Star Auctioneers, Inc. Seal and Attest by Secretary) Signature Signature Print Name Print Name Print Title Print Title ATTEST: CITY OF MIAMI Priscilla A. Thompson City Clerk Tony E. Crapp, Jr. City Manager APPROVED AS TO APPROVED AS TO INSURANCE REQUIREMENTS: FORM AND CORRECTNESS: Gary Reshefsky Risk Management Director Julie 0. Bru City Attorney