HomeMy WebLinkAboutCC Resolution 8647 (Auction Services)RESOLUTION NO. 8647
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH NATIONWIDE
NORCAL FACILITY FOR AUCTION SERVICES
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The CITY MANAGER and CITY CLERK are authorized to execute, on
behalf of the City of San Rafael, an agreement with Nationwide
Norcal Facility for auction services, a copy of which is hereby
attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the City Council of
said City held on Monday , the 20th day of
April , 1992, by the following vote to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANLEONC NI, City Clerk
ORIGINAL wz'�,
AGREEMENT
AUCTION SERVICES
THIS AGREEMENT is entered into this 20ti1 day of April._ ,
1992, by and between CITY OF SAN RAFAEL hereinafter referred to as
"CITY" and NATIONWIDE NORCAL FACILITY located at Napa, California,
hereinafter referred to as "AUCTIONEER" for the purpose of
providing auction services for the sale of CITY owned vehicles, and
other items hereinafter referred to as "FROPERTYN-,
1. DESCRIPTION
In, consideration of the compensation hereinafter provided,
AUCTIONEER agrees to conduct a public auction of CITY property on
or• about the second Saturday of each month. Said auction shall be
conducted at Ter, Ter, (1010) Kaiser• Road, Napa, California, as
hereinafter agreed. None of the PROPERTY which has been assigned
to the AUCTIONEER pursuant to this agreement may be sold before the
auctior, without the written consent of both parties, in which case
the sales proceeds shall be treated as part of the gross proceeds
of the auction.
2. SCOPE OF YORK
In consideration, of the receipt of transportation fees and
commissions from gross sales proceeds of said auction, as
specifically described in Exhibit "A" hereof, attached hereto and
by this reference incorporated herein, AUCTIONEER shall perform the
following services in connection with the conducting of said public
auction
a. As requested by the CITY, transport vehicles from
CITY storage site to the auction site.
b. Physically arrange PROPERTY prior to the auctior,
date.
C. Supply and set up all needed equipment, such as
office trailer•, seating and auction stands.
d. Keep all necessary records; provide the CITY with
copies of sales receipts that show vehicle ID number,
description, sales price, date sold, and buyer•
signature. Prepare and submit to DMV forms for•
"Odometer Mileage Statement" and Notice of DMV forms,
Release of Liability, and provide copies to CITY.
e. Collect and process all deposits and proceeds.
(Exhibit "A")
f. Provide a summary statement, "Final Auction Results",
to CITY, accompanied by payment of those gross
proceeds of sale owed to CITY no later than twenty
(20) days after the auction date. Payment shall be
made payable to City of San Rafael and delivered to
the CITY'S Purchasing Department.
g. Comply with all pertinent provisions of the Bulb
Sales Laws and laws and regulations of the State of
California, including, but not necessarily limited
to, obtaining all necessary licenses and permits,
posting required bonds, payment of all fees and
expenses thereof and publicizing the sale.
h. Provide an agreed upon reasonable quantity of auction
brochures to the CITY. Distribute a minimum of 5,000
brochures to current mailing list.
3. CITY REQUIREMENTS
In the operation of this agreement, CITY shall be responsible
for the following:
a. Submit to AUCTIONEER a list of PROPERTY. It is
underatood that minor changes in said list may
be submitted to AUCTIONEER at any time prior to two (2)
weeks in advance of the auction. Notwithstanding the
foregaingo the CITY may withdraw PROPERTY from said list
upon notice to AUCTIONEER five (5) days prior to auction.
b. Maintain any records considered necessary by the
CITY, other than those provided by the AUCTIONEER.
Q. CITY ahall timely provide the Certificates of
Ownership and all other documents necessary to effect
Transfer of Title for motor vehicles, trailers, and
vehicle equipment. At the option of AUCTIONEER,
vehicles may not be offered at auction unless the
Certificate of Ownership and all other documents
neceaaar•y to effect a Transfer of Title for. motor
vehicles, trailers, and vehicle equipment are
submitted at least five (5) days prior to the sale.
CITY agrees to pay advertising and all other costs as
provided below an any PROPERTY withdrawn from the
sale as a result of the failure by CITY to submit the
-required documents specified above.
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4. AUCTION REQUIREMENTS
AUCTIONEER shall conduct said public auctior, of PROPERTY in
accordance with the following requirements:
a. Sale will be open to the general public and there
will be nG fee to participate as a potential buyer•.
b. Sale of such PROPERTY may be made only to the highest
responsible bidder.
C. Unless otherwise directed by the CITY, unsold
vehiclea and equipment will be rescheduled and
attempted to be sold at the next available auction,
at no additional cost to the CITY.
5. TITLES
CITY war•r•ant title to all PROPERTY to be unencumbered at the
time of sale. All items shall be sold "as is, where is" without
any wa-r•r•anty by CITY as to condition or usability.
6. RESPONSIBILITY FOR CITY PROPERTY
AUCTIONEER ahall be- reaPOnaible for• leas or• damage to PROPERTY
due to fire of theft or• malicious damage during and after• transport
of said PROPERTY to the auctior, site.
7. INDEPENDENT CONTRACTOR
In the per•for•mance of the provisions hereof, AUCTIONEER shall
be, and have the status of, an independent contractor, and shall
not be deemed to be an agent or• employee of the CITY.
H. HOLD HARMLESS
AUCTIONEER shall indemnify and save harmless CITY, its boards,
commissions, officers, employees and agents from any and all
claims, suits, or• actions of every name, arbitration proceedings,
rulings and determinations in connectior, with, or arising out of
AUCTIONEER'S willful or• negligent 'acts, er•r•or•s or omissions, in
performance of its services hereunder•.
O. WORKERS COMPENSATION AND LIABILITY INSURANCE
AUCTIONEER shall acquire and maintain worker's compensation
insu-r•ance coverage in acco-r•dance with statutory -requirements and
shall acquire and maintain comprehensive general liability coverage
protecting the CITY, its boards, commissions, officers, agents and
employees in connectior, with AUCTIONEER'S services performed
hereunder. The comprehensive general liability insurance coverage
shall include contractual, property damage (including loss of use
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thereof), and personal injury (including death) coverage and shall
be not less than $1,000,000.00 for each occurrence and
$1,000,000.00 in the aggregate. The AUCTIONEER shall furnish the
Purchasing Agent with Certificate of Insurance evidencing the
required coverage. These Certificates shall specify or be endorsed
to provide that thirty (30) days notice must be given, in writing,
to the Purchasing Agent of any pending change in the limits of
liability or cancellation or modification of the policy. The CITY
and its officers, agents, employees and servants shall be named as
additional insured on any such policies of insurance, which shall
also contain a provision that the insurance afforded thereby to the
CITY, its officers, agents, employees, and servants shall be
primary insurance to the full limits of liability of the policy,
and that if the CITY, or its officers and employees have other
insurance against a loss covered by such policy, such other
insurance shall be excess insurance only.
10. ASSIGNMENT OF AGREEMENT
AUCTIONEER shall not assign, the Agreement or any portion, to a
third party without the prior written consent of CITY, and any
Attempted without such prior written consent in
violation, of this Section, automatically shall terminate this
Agreement.
11. HON -DISCRIMINATION
AUCTIONEER shall comply with the City of San Rafael Non-
discriminatory Employment Practices Provision and Special
Affirmative Action, Provision, for Supply and Service Contracts,
copies of which are attached hereto and incorporated herein by
ref erence.
12. TERMINATION
This Agreement shall continue in force until terminated by
either pai%ty by diving the other party thirty (30) days notice in
advance of the termination, date.
13. AMENDMENTS
No amendment to this Agreement shall be effective unless it is
in writing and signed by both parties.
14. COMPLETE AGREEMENT
This Agreement includes Exhibit "A" attached hereto and
represents the entire Agreement between, AUCTIONEER and City of Sar,
Rafael with :respect to the sale of Surplus Personal Property. All
prior Agreements, representations, statements, negotiations and
undertakings whether oral or written are superseded hereby.
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15. APPLICABLE LAW
The Agreement will be governed by and construed in accordance
with laws of the State of California.
16. NOTICES
All notices herein provided to be given, or which may be
given, in connection, herewith by either party to the other shall be
in writing and be aer•ved by personal delivery or by mail, and shall
be deemed to have been given when deposited in the United States
mail, postage prepaid, and addressed as follows:
To City: Purchasing and Services Manager
City of San Rafael
1400 Fifth Ave.
San Rafael, Ca 94902
To Auctioneer: General Manager -
THE NATIONWIDE COMPANIES
1010 Kaiaer Road
Napa, CA 94558
or to auch address as may from time to time be designated by either
party in the manner- herein, provided for giving notice.
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17. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have affixed their
aiy„atux%ea an the day and year first above written.
APPROVEI> AS TO FORM
City Attorney
CITY OF SAN RAFAEL, a municipal corporation
NATIONWIDS—VORCkL FACYCIVY
by 'Il -its
ATTEST:
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U City Cle't.
EXHIBIT "A"
COMPENSATION OF AUCTIONEER
A. COMMISSION (Selling fees):
I. Motor Vehicles and Off Road Vehi.clam
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Ten percent (10%.) of the Gross Sale Price.
2. Miscellaneous Property (Non-Mator- or Off Road Vehicles).
Twenty Percent (20%) of the Gross tale Price.
3. Non -Running Vehicles and Off Road Vehicles
Fifteen Percent (15%) of Gross Sale Price.
B. TRANSPORTATION CHARGES AND OTHER SERVICEW
1. Standard Towing: Single Running & Non $60.00 Per Unit
Operational Unite. Towing Rates are for
passenger cars, full sire vans & pick-ups,
up to one ton.
A. standard Tavingc Running Vehicles: $50.00 Per Unit
Towing Rates are for passenger cars,
mini foreign Nick -ups to 314 tor,.
Minimum of 8 to 10 per transport.
Lavhed Trailer service $65.00 Per Hour
Construction, machinery, two tor, trucks,
manlifts, forklifts, hackhoes, sweepers,
loaders, and the like. Flat ked rates
available upon request.
4. surplus Peraanal Property tliiscellaneous)550.00 Per Hour
No charge, if loaded by the City and
transported at the same time vehicles
and equipment are transported.
5. Detail Service: 565.00 Per Unit
Includes buff, wax exterior, indoor
shampoo, engine steam cleaned.
6. De -Identification of County and City $50.00 Per Unit
Units: Process would include removal of
door logos and repainting of affected
area.
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7. De -Identification of County and City $35.00 Per Unit
Units: Process would include removal
of door logos. No paint.
B. De -Identification of numbers on top of $30.00 Per Unit
vehicles.
9. Construction Equipment De -logo No Paint: $20.00 Per Unit
10. Exempt W Plates; Processing M $10.00 Per Unit
Plates.
�. All cha,Qva for aervicee will be advanced by auction company
and deducted from Proceeds automatically, unless direct billing
is requested. City can have the option to handle their own
transportation.
D. Prior- approval of City Fleet Manager or Purchasing Manager is
required before any of the services enumerated in B.5 through
B.10, above are to be performed. Any such services performed
without such approval are done so without cost to the City.
�. In no event shall commission, transportation, or other charges
owed by the City exceed the Net Proceeds due to the City a
r'eault of any unit or lot sold.
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