HomeMy WebLinkAboutResolution No. 2026-54 Bidera LLC Agreement for Surplus Auction Services - September 8, 2026P26-001 Surplus Auction Services
PIGGYBACK AGREEMENT FO R SURPLUS AUCTION SERVICES
This Agreement is entered into on this ____ day of September, 20 2 6,
by and between the City of Aventura, a municipal corporation organized
and existing under the laws of the State of Florida, whose address is 19200 West Country Club
Drive, Aventura, Florida 3 3180 1 City and BIDERA, LLC., a Florida limited liability
company whose address is 2962 Trivium Circle, Suite 2025, Fort Lauderdale, FL 33312 (the
WITNESSETH
WHEREAS, on March 24, 2025, the City of North Miami (the City of North Miami,
as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group, issued
a R equest for P ropos al s No. 29-24-25 to solicit proposals from qualified firms with
expertise in the provision of Surplus Auction Services for the surplus items for the City to include,
but not limited to vehicles, heavy equipment and machinery, office equipment, furniture and
; and
WHEREAS, September 5, 2025, the City of North Miami selected Contractor as the most
qualified entit ies with respect to cost, expertise, and relevant experience to provide the scope of
services re quested, and awarded it a three-year agreement with two additional two-year renewal
options; and
WHEREAS, Services to be provided by the Contractor will be as requested by the City
WHEREAS, the City is seeking to contract with the Contractor to provide the S ervices
includes the
WHEREAS, the parties wish to incorporate the City of North Miami Agreement,
A; and
WHEREAS, Section 2-253(2)(b). of the City Code, provides authority for the City to
acquire goods or services utilizing a contract from a government entity that was competitively
WHEREAS, on ______________, 202 6, the C ity Commission adopted Resolution No.
202 6/ ____, approving a piggyback agreement with the Contractor for the provision of the Services
under a revenue-sharing contract structure.
WHEREAS, the City desires to enter into an agreement with Contractor for Surplus
Auction S ervices based upon the terms and pricing of the City of North Miami Agreement.
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NOW THEREFORE, in consideration of the mutual covenants set forth in this
Agreement, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree
as follows:
S ection 1. Term. The term of this Agreement commences from on Execution Date
and will remain in effect until September 14, 2028 and may be renewed if the City of North Miami
renews its If the City of North Miami Agreement expires or is terminated
during the Term, this Agreement shall terminate six months after such expiration or termination
of the City of North Miami Agreement.
Section 2. Contract Terms. T he Contractor agrees to complete the Services, as
provided in City of North Miami Agreement attached and incorporated herein as Composite
Exhibit All recitals, representations, and warranties of
Contractor made by Contractor in the restated as if set forth fully
herein, made for the benefit of the City, and incorporated herein, except that all references to the
City of North Miami is hereby replaced with the City of Aventura.
2.1 PUBLIC RECORDS.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Public Records: E LLI SA L. HORVATH, CITY CLERK
Mailing address: 19200 WEST COUNTRY CLUB DRIVE
AVENTURA, FL 3 3180
Telephone number: 305-466-8901
Email: HORVATHE@CITYOFAVENTURA.GOV
2.2 VERIFICATION OF EMPLOYMENT ELIGIBILITY
Contractor shall comply with Section s 448.09 and
-Verify system to verify the work
authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result
in termination of this Agreement. Any challenge to termination under this provision must be filed
in the Circuit Court no later than 20 calendar days after the date of termination. All costs incurred
to initiate and sustain the aforemention ed program shall be the responsibility of the Contractor in
accordance with Sections 448.09 and 448.095, Florida Statutes. Contractor is liable for additional
costs incurred by the City as a result of termination of this Agreement. If this Agreement is
terminated for a violation of the statute by Contractor, Contractor may not be awarded a public
contract for a period of one (1) year after the date of termination.
2.3 SCRUTINIZED COMPANIES.
a. Contractor certifies that it and its subconsultants are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately
terminate this Agreement at its sole option if the Contractor or its subconsultants are found to have
submitted a false certification; or if Contractor, or its subconsultants are placed on the Scrutinized
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Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
b. If this Agreement is for more than one million dollars, Contractor certifies that it
and its subconsultants are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section
287.135, F.S., the City may immediately terminate this Agreement at its sole option if Contractor,
its affiliates, or its subconsultants are found to have submitted a false certification; or if Contractor,
its affiliates, or its subconsultants are placed on the Scrutinized Companies with Activities in
Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during th e term of the Agreement.
c. Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
d. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the
above-stated contracting prohibitions then they shall become inoperative.
2.4 NON-COERCION AFFIDAVIT FOR LABOR OR SERVICES. In accordance
with Section 787.06(13), Florida Statutes, as Contractor is a nongovernmental entity doing
business with the City, Contractor is required to attest that it does not use coercion for labor or
services. At the time of execution of this Agre ement, Contractor shall submit the required
Office.
2.5 FOREIGN COUNTRIES OF CONCERN AFFADAVIT. In accordance with
Section 287.138, Florida Statutes, the Contractor is required to attest that it does not meet any of
the criteria set forth in Paragraph 2 (a)-(c) of Section 287.138, Florida Statutes, as such terms are
defined therein, as updated. At t he time of execution of this Agreement, Contractor shall submit
Section 3. Compensation. Contractor shall provide Services at no cost to the City,
and instead will charge the highest bidder (i.e., purchaser) of the auctioned property the amount of
thirteen percent (13%) of the bid
to engage Vendor to provide full-service auction management on a dedicated basis at a cost of
2.95% of total revenue for sales totaling over $75,000 and 4.95% of total revenue for sales totaling
$75,000 and under. It is acknowledg ed and agreed that this amount is the maximum payable and
related to this Agreement. This amount, however, does not constitute a limitation, of any sort, upon
Con
inferred from the Agreement. No amount shall be paid to Contractor to reimburse its expenses,
unless authorized in this Agreement. In accordance with Section 1 above, for work performed from
Execution Date to September 14, 202 8, or any additional renewal period as set forth in Section 1,
such services are contingent upon an annual appropriation by the City Commission. If such
appropriation is not approved, then City may terminate this Agreement for convenience.
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Section 4. Assignment. Neither party may assign its rights or obligations under this
Agreement with out the written consent of the other.
Section 5. Notice. Notwithstanding anything to the contrary in the City of North
Miami Agreement, n otice hereunder shall be provided in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, to the following
parties, with mandatory copies, as provided below:
For City: Bryan Pegues, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Copy to: Robert Meyers, Esq., City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
2255 Glades Road, Suite 200-E
Boca Raton, Florida 33 431
For Contractor: Armando Perera
Bidera, LLC
2962 Trivium Circle
Suite 2025
Fort Lauderdale, FL 33312
ap@bidera.com
305-822-5000
Section 6. Severability. If any provision of this Agreement or the application thereof
to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of
this Agreement, and the application of such provisions to persons or situations other than thos e as
to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
Section 7. Entire Agreement. This Agreement, including the City of North Miami
Agreement, sets forth the entire agreement between Contractor and City with respect to the subject
matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations,
understandings and agreements, written or oral, between the parties. This Agreement may not be
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature.
CITY OF AVENTURA, FLORIDA
By: ______________________________
Bryan Pegues, City Manager
Date:______________________________
Attest: A PPROVED AS TO FORM AND LEGAL
SUFFICIENCY for use and reliance by the
City of Aventura, Florida, only:
____________________________________________________________
Ellisa L. Horvath, MMC, City Clerk Robert Meyers, Esq. City Attorney
Date:_____________________________Date:______________________________
CONTRACTOR
WITNESS:
By: ___________________________
By:______________________________
Print Name: ____________________
Print Name: ______________________
By: ___________________________
Date: ___________________________
Print Name: ____________________
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COMPOSITE E A
CITY OF NORTH MIAMI RFF # 29-24-25, AGREEMENT DATED SEPTEMBER 5,
2025, AND CONTRACTORS BID RESPONSE/PROPOSAL INCLUSIVE OF PRICING
SHEET
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