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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. 2 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 3 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. 4 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. 5 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: 6 U City Cle't. EXHIBIT "A" COMPENSATION OF AUCTIONEER A. COMMISSION (Selling fees): I. Motor Vehicles and Off Road Vehi.clam 9 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. 7 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. N