HomeMy WebLinkAboutR-2024-113 Approving agreement with GOVDEALSRESOLUTION NO. R — 2024-113
A RESOLUTION APPROVING AN AGREEMENT WITH LIQUIDITY SERVICES
OPERATIONS LLC DBA GOVDEALS
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
THAT the Board of Aldermen hereby approves the Online Auction Memo of
Understanding with Liquidity Services Operations LLC dba GovDeals, a copy of which is
attached hereto and incorporated herein, and further authorizes the Mayor to sign the agreement
on the City's behalf, and
FURTHER THAT the City Administrator and such other officials of the City may
execute any other additional documents or take such other actions as are necessary, incidental or
expedient to carry out the intent of the agreement approved and the authority granted herein.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri, the / 7 * day of Cam,.,, - 2024.
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Liquidity Services Operations LLC dba
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Online Auction Memo of Understanding
This Online Auction Memo of Understanding (MOU) is between Liquidity Services Operations
LLC dba GovDeals, a Delaware corporation having its principal place of business at 6931
Arlington Road — Suite 460 — Bethesda, Maryland 20814 and the City of Riverside ("Client"),
having its principal place of business 2950 Northwest Vivion Rd — Riverside, Missouri 64150.
1.0 Description of Services: GovDeals provides a means for Client to post assets for sale
and for potential buyers to bid on these assets via an online auction system. Although
GovDeals provides system access for Client to list assets, GovDeals is not a party to the
actual sale and has no control over the listed information or the ability of the buyer and
Client to complete the transaction.
2.0 GovDeals' Responsibilities: In addition to maintaining and operating an online auction
system, GovDeals will provide Client with the following services for the period agreed to
in 5.0 below:
2.1 Access to a GovDeals online "Seller Asset Management" (SAM), which will allow
Client to load assets to the online auction system, maintain information about assets
and view and run reports. The SAM will provide Client with the following capabilities:
Accept descriptive information concerning an asset including unlimited photos
Allow different auction phases based upon dates and times
Allow Client to set minimum starting prices, bid increments and reserves
2.2 Training and support services to assist Client in implementing the GovDeals online
auction system, which will include:
• Familiarization with the nature and operation of SAM
• Guidance in the posting of assets and provide ongoing support
• Procedures for taking and posting pictures of assets
• Based on mutual agreement between GovDeals and Client, training and support
services will be provided on -site or via telephone or Internet
2.3 Help Desk support available via telephone or email during normal business hours,
except announced holidays.
2.4 Provide marketing of assets posted to the online auction site and promote use of the
site to potential buyers.
• Work with Client to identify items that may benefit from marketing attention.
• Provide documented proof of all marketing efforts made on behalf of Client.
• Assist in determining values and starting prices for unique and high value assets.
3.0 Fees: The Client pays 0% and the winning bidder pays a 12.50% Buyers Premium.
4.0 Payment:
4.1 GovDeals will collect auction proceeds electronically via PayPal, credit card or wire
transfer please review and complete Exhibit A.
4.2 Client shall promptly, but no more than fifteen (15) business days after the auction end
date, notify GovDeals of any transaction that was not completed. The fees for said
transaction shall be credited to Client during the next invoice period.
GovDeals Memo of Understanding — V16 11.27.2023
5.0 Term of MOU: This MOU shall commence on the date it is signed by the second party
and will continue for a period of twelve months unless otherwise terminated upon sixty
days written notice by either party. This MOU shall automatically extend for additional
one-year periods, unless either party notifies the other in writing of its intent not to renew
at least sixty days prior to the anniversary date.
6.0 Terms and Conditions: Please find Exhibit B attached as an example of suggested
Client Terms and Conditions. At any time during the term of this MOU, Client may
modify the Terms and Conditions. Any substitutions or modification must be submitted
to GovDeals in writing before posting assets to the GovDeals auction site.
7.0 Governance: This MOU will be governed, interpreted, construed and enforced in
accordance with the laws of the State of Missouri.
8.0 Non-Exclusive EnEaeement: This MOU is not exclusive. Client may utilize other
approaches, including traditional auctioneer services or sealed bids. However, it is
understood and agreed that Client will not utilize other disposal approaches for an asset
at the same time the asset is listed on the GovDeals online auction site or sell by some
other means to a prior bidder any item currently or previously listed on the GovDeals site
for the purpose of avoiding payment of the GovDeals fee. Client agrees to not
manipulate or interfere with the bidding process on the GovDeals site.
This online auction memo of understanding is agreed to by:
GovDeals 9 Client: City of Riversi
Signature: cep Signature:Print Name: Scott Starcher Print Name: TI I 1 i Y�1,e
Title:Vice President of()aerations Title: _ l Y 4 P o "reivl
Date: September 30, 2024 Date: f rk, /7 )0,)4/ _
Memo of Understanding Contact:
Attention: Sales Support
6931 Arlington Road—Suite 460
Bethesda, Maryland 20814
Telephone Number: 866.377.1494
Fax Number: 334.226.4415
Email:salessupport@govdeals.eom
GovDeals Memo of Understanding—V16 11.27.2023 2
5.0 Term of MOU: This MOU shall commence on the date it is signed by the second party
and will continue for a period of twelve months unless otherwise terminated upon sixty
days written notice by either party. This MOU shall automatically extend for additional
one-year periods, unless either party notifies the other in writing of its intent not to renew
at least sixty days prior to the anniversary date.
6.0 Terms and Conditions: Please find Exhibit B attached as an example of suggested
Client Terms and Conditions. At any time during the term of this MOU, Client may
modify the Terms and Conditions. Any substitutions or modification must be submitted
to GovDeals in writing before posting assets to the GovDeals auction site.
7.0 Governance: This MOU will be governed, interpreted, construed and enforced in
accordance with the laws of the State of Missouri.
8.0 Non -Exclusive Enaaeement: This MOU is not exclusive. Client may utilize other
approaches, including traditional auctioneer services or sealed bids. However, it is
understood and agreed that Client will not utilize other disposal approaches for an asset
at the same time the asset is listed on the GovDeals online auction site or sell by some
other means to a prior bidder any item currently or previously listed on the GovDeals site
for the purpose of avoiding payment of the GovDeals fee. Client agrees to not
manipulate or interfere with the bidding process on the GovDeals site.
This online auction memo of understanding is agreed to by:
GovDeals Client: City of Riversi
Signature: Signature: 4 1
Print Name: Scott Starcher Print Name: -11
Title: Vice President of Operations
Date:
Memo of Understanding Contact:
Attention: Sales Support
6931 Arlington Road — Suite 460
Bethesda, Maryland 20814
Telephone Number: 866.377.1494
Fax Number: 334.226.4415
Email: salessupportau,govdeals.com
Title: Maw In ttm
Date: ��-Q_-'44ele- / Z
GovDeals Memo of Understanding — V16 11.27.2023 2
EXHIBIT A - Online Auction Memo of Understanding
Financial Settlement Services (FSS)
It is understood the Client elects GovDeals to collect all proceeds due the Client from the winning bidder
and remit the proceeds to the Client less the GovDeals fee
GovDeals will charge the winning bidder a "Buyer's Premium", therefore, the Client is not allowed to charge
the winning bidder an additional "Buyer's Premium".
GovDeals will collect all proceeds from the winning bidder, including the "Buyer's Premium" through PayPal,
credit card or wire transfer. This is the only means of payment by the bidder.
The Client will not release an asset to the winning bidder until the Client has received verification from
GovDeals that payment has been received from the winning bidder. Prior to an item being released to the
winning bidder, the Client will ensure the winning bidder or his/her agent has signed a "Bill of Sale"
containing the following notation: "Asset is sold as is, where is and without warranty. Once the asset is
removed from the seller's premises there is no refund of monies previously paid". The Bill of Sale must be
printed from the Seller Asset Management (SAM). Any other "Bill of Sale" used by the Client must be
submitted to GovDeals for approval.
No proceeds will be remitted to the Client for any asset sold without verification of payment from GovDeals
and verification from the Client the item has been picked up by the winning bidder Approved payment from
the winning bidder through PayPal, credit card or wire transfer will be noted in SAM. It is the Client's
responsibility to notify GovDeals when an item has been picked up, which is accomplished by the Client
accessing SAM and selecting the "Picked Up" option from the "Paid, not picked up" report.
GovDeals will remit all proceeds collected, less the "Buyer's Premium" and the GovDeals fee to the Client
on a weekly basis for all assets marked in SAM as 'Picked Up'. All proceeds will be remitted electronically
by Automatic Clearing House (ACH). A detailed backup will be submitted to the Client to support the
amount remitted.
Under no circumstance will the Client collect any proceeds directly from the winning bidder and if requested
to do so, the Client should refer the winning bidder directly to GovDeals for payment instructions.
GovDeals will absorb all costs of Charge Backs by PayPal or a credit card company where an item is
released to the winning bidder after the Client receives proper payment notification from GovDeals,
GovDeals receives proper pickup notification from the Client and the Client obtained and retained a signed
"Bill of Sale" from the winning bidder.
GovDeals will refund proceeds collected to the winning bidder in those rare occasions where the winning
bidder pays for an asset but never picks it up and subsequently convinces PayPal or the credit card
company to withdraw the amount from GovDeals' bank account. It is the Client's responsibility to request a
credit on the asset paid for but not picked up as soon as the allowable pick up time passes. By taking the
credit, it insures GovDeals will not charge the Client a fee and will allow the Client to resell the asset. If the
asset is mistakenly placed in 'picked up' status by the Client and GovDeals has remitted payment, the
Client agrees to refund this amount back to GovDeals.
A GovDeals' Client Services Representative or a GovDeals Help Desk Representative will train the Client
on how to effectively use the Financial Settlement Services feature and provide ongoing support as needed.
There are no additional costs to the Client for training and support.
GovDeals is covered by a Crime Insurance Policy with a limit of $5,000,000, which will protect the Client
against any loss of funds.
GovDeals Memo of Understanding — V16 11.27.2023 3
Financial Settlement Services (FSS) Remittance Information
Please complete information below:
This section must be completed when submitting the signed MOU back to GovDeals, as this is where GovDeals
Payments to the Client will be made.
Accounting Contact:
(Person to receive invoices)
E-Mail Address:
Phone Number:
Please provide the required information:
Name and Title
GovDeals Memo of Understanding — VI 6 11.27.2023 4
EXHIBIT B - Online Auction Memo of Understanding
City of Riverside
Riverside, Missouri
Online Sales - Terms and Conditions
All bidders and other participants of this service agree they have read and fully understand
these terms and agree to be bound thereby.
Guaranty Waiver. All assets are offered for sale "AS IS, WHERE IS." City of Riverside
(Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the
merchantability or fitness for any purpose of the property offered for sale. The Buyer is not
entitled to any payment for loss of profit or any other money damages — special, direct, indirect or
consequential.
Description Warranty. Seller warrants to the Buyer the property offered for sale will conform to
its description. Any claim for misdescription must be made prior to removal of the property. If
Seller confirms the property does not conform to the description, Seller will keep the property and
refund any money paid. The liability of the Seller shall not exceed the actual purchase price of the
property. Please note upon removal of the property, all sales are final.
Personal and Property Risk. Persons attending during exhibition, sale, or removal of goods
assume all risks of damage of or loss to person and property and specifically release the Seller and
GovDeals from liability therefore.
Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from
sale any of the assets listed at any time until the Seller has received payment in full for the assets
and Buyer has removed the assets from the Seller's premises in their entirety.
Buyer's Certificate. If applicable, successful bidders will receive a Buyer's Certificate by email
from GovDeals as their notice of award.
Buyer's Premium & Additional Fees. If a Buyer's Premium and/or Additional Fees are shown
on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price
or a specified amount) will be added to the final selling price of all items in addition to any taxes
imposed.
Payment. Payment in full is due not later than 5 business days from the time and date of the close
of the auction. Please refer to the payment instructions listed on the auction page for complete
payment terms and methods. Please refer to the Bid Box for all fees and taxes that may be
associated with the auction.
State/Local Sales and/or Use Tax. Buyers may be subject to payment of State and/or local sales
and/or use tax. Please review the Payment Instructions for all information related to Sales Tax and
Tax Exemptions.
GovDeals Memo of Understanding — V16 11.27.2023 5
Removal. All assets must be removed within ten (10) business days from the time and date of the
close of the auction. Purchases will be released only upon receipt of payment as specified.
Successful buyers are responsible for loading and removal of any and all property awarded to them
from the place where the property is located as indicated on the website and in the Buyer's
Certificate. The Buyer will make all arrangements and perform all work necessary, including
packing, loading and transportation of the property. Under no circumstances will Seller assume
responsibility for packing, loading or shipping. See instructions on each auction page for complete
removal details. A daily storage fee of $25.00 may be charged for any item not removed within the
ten (10) business days allowed and stated on the Buyer's Certificate.
Vehicle Titles. Seller will issue a title or certificate upon removal of the vehicle. Titles may be
subject to restrictions as indicated in the asset description on the website.
Approval. Some Auctions/Sales are subject to Seller approval prior to award to the high bidder.
Please review the auction/sale page for full terms of the sale and whether the final bid/sale is
subject to approval.
Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to
make good and timely payment; or (3) failure to remove all assets within the specified time.
Default may result in termination of the contract and suspension from participation in all future
sales until the default has been cured. If the Buyer fails in the performance of their obligations,
Seller may exercise such rights and may pursue such remedies as are provided by law. Seller
reserves the right to reclaim and resell all items not removed by the specified removal date.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees they have read,
fully understand and accept these Terms and Conditions, and agree to pay for and remove the
property, by the dates and times specified. These Terms and Conditions are available for review in
the bid box at the top of each page of each asset listed on GovDeals. Specific Instructions
(Payment, Removal, and Special) appearing on the asset page will override certain sections of
these Terms and Conditions.
Sales to Employees. Employees of the Seller may bid on the property listed for auction, so long
as they do NOT bid while on duty.
GovDeals Memo of Understanding — V16 l 1.27.2023 6