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HomeMy WebLinkAboutCC Resolution 12569 (Disposition of Surplus Vehicles & Equipment)RESOLUTION NO. 12569 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL WAIVING COMPETITIVE BIDDING AND AUTHORIZING A PUBLIC AUCTION SERVICES AGREEMENT WITH FIRST CAPITOL AUCTION, INC. FOR THE DISPOSITION OF CITY SURPLUS VEHICLES AND EQUIPMENT WHEREAS, the City of San Rafael ("the City") has experienced payment problems with the auction company located in Benicia with which the City has had an informal arrangement for many years for the disposition of surplus City vehicles and equipment; and WHEREAS, the City has elected to dispose of its surplus vehicles and miscellaneous property through a formal agreement with a public auction services provider; and, WHEREAS, City staff has conducted a search for a suitable auction service to meet the operational and fiscal needs of the City; and WHEREAS, staff finds that First Capitol Auction, Inc„ located. in Vallejo, meets the proximity needs of the City for a public auction service, with the next closest public auction services being located in Sacramento and Redwood City; WHEREAS, City staff has determined that there would be considerable additional staff time and considerable additional expense required if the City had to use its own forces or pay for the towing or shipment of surplus City vehicles and equipment to the more distant auction sites, and that these constitute valid other reasons for waiving competitive bidding under San Rafael Municipal Code Section 2.55.070(D) and authorizing an agreement with First Capitol Auction, Inc., located in Vallejo; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael to waive competitive bidding pursuant to San Rafael Municipal Code Section 2.55.070(D), finding that other valid reasons exist to do so as set forth hereinabove, and to authorize the City Manager to execute the Public Auction Services Agreement with First Capitol Auction, Inc. for an initial term of two years, with the option of two additional two year terms, in the form attached hereto as Attachment 1. I, ESTHER C. BEIRNE, 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 Council of said City on the 2"d day of September, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, CITY CLERK PUBLIC AUCTION SERVICES AGREEMENT This Agreement is made and entered into this 11 day of C;. r:X- , 2008, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and FIRST CAPITOL AUCTION, INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CITY desires to retain a firm to provide public auction services for CITY's surplus vehicles, equipment and other property; and WHEREAS, CONTRACTOR represents that it is fully qualified and licensed to provide its public auction services described herein at least bimonthly at its auction yard located at 50 Solano Avenue, in Vallejo, California; and WHEREAS, the parties have agreed upon the terms pursuant to which CONTRACTOR will provide such public auction services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement by CITY. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Brian McKissack is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. A. As CITY's agent, CONTRACTOR shall sell at public auction at CONTRACTOR's auction yard, such surplus CITY vehicles, equipment or other property (hereinafter "Property") as CITY shall request CONTRACTOR to auction on CITY's behalf. B. As requested by the CITY, CONTRACTOR shall transport such property from the CITY's storage site to the CONTRACTOR's auction yard. CITY shall retain the right to arrange its own transportation of the foregoing vehicles, equipment and personal property to the auction yard. C. CONTRACTOR shall remove all CITY identification from the Property, including decals and stripping from sides, numbers from tops, and equipment numbers from bumpers. CONTRACTOR shall repaint the Property as necessary as directed by CITY. D. CONTRACTOR shall physically arrange for the viewing by the public of the Property at reasonably visible and accessible locations at the auction yard prior to the auction date, and shall publicly advertise the Property for sale for a reasonable period of time prior to the auction date on the intemet and in other appropriate advertising media. E. CONTRACTOR shall supply an auction yard and all facilities necessary for the auction. The auction sale shall be open to the general public, with the sale of property made only to the highest responsible bidder. Unless otherwise directed by the CITY, CONTRACTOR shall arrange for any unsold Property to be rescheduled for sale at the next available auction, at no additional cost to the CITY. F. CONTRACTOR shall keep all necessary records for the auction, including records of sales receipts that show Property ID number/lot, description, sales price, date sold, and buyer signature. In the case of auctioned vehicles, CONTRACTOR shall prepare and submit to DMV all required forms, including Odometer Mileage Statement, and Release of Liability, and provide copies of such documents to CITY upon request. G. CONTRACTOR shall collect and process all deposits and proceeds from the sale of the Property at auction. H. CONTRACTOR shall provide a summary statement, "Final Auction Results", to CITY, by Property ID number/lot, accompanied by payment of those proceeds of sale owed to the CITY no later than twenty (20) days after the auction date. Payment shall be made by check payable to CITY and delivered to the PROJECT MANAGER. I. CONTRACTOR shall comply with all pertinent provisions of the Bulk Sales Law, California Vehicle Code and other applicable laws and regulations of the State of California relating to the public auction of the Property, including but not necessarily limited to, obtaining all necessary licenses and permits, posting required bonds, paying all fees and expenses, and publicizing the auction. J. CONTRACTOR shall provide to CITY a reasonable quantity of auction brochures advertising the Property for sale, and shall distribute copies of such brochures to the persons on the CONTRACTOR's current mailing list. K. CONTRACTOR shall be responsible for loss or damage to the Property due to fire, theft or malicious damage during and after transport of the Property to and at auction yard. f L. CONTRACTOR shall auction all items "as is, where is" without any warranty by the CITY as to condition or usability. M. CONTRACTOR shall not permit title to pass or turn over any auctioned property to a bidder until all funds bid are remitted to the CONTRACTOR. CONTRACTOR will be held strictly liable for processing and remitting net proceeds to the CITY. 3. DUTIES OF CITY. A. CITY shall submit to CONTRACTOR a list of the Property that it wishes to be sold at public auction by CONTRACTOR at least fifteen (15) days before a scheduled auction. It is understood that CITY may submit minor changes to said list to CONTRACTOR at any time at least 10 days in advance of the scheduled auction. B. CITY shall maintain any records considered necessary by the CITY, other than those provided by the CONTRACTOR. C. CITY shall provide CONTRACTOR with the Certificate(s) of Ownership and all other documents necessary to effect transfer of title to the Property at least ten (10) days prior to the auction. D. CITY shall pay CONTRACTOR for its public auction services as provided in Paragraph 4. E. For all vehicles subject to the Public Fleet Rule regulations of the California Air Resource Control Board (CARB), CITY will complete the CARB "VIN Stop Request" form and file it with the CARB prior to the auction, and shall submit a CARB "Out of State Sales Verification" form to CONTRACTOR with "Selling Party's Information", "Vehicle Information" and "Engine Information" filled out. CONTRACTOR will complete the "Purchaser Information" at the time of the sale notifying the buyer that the vehicle cannot be registered or operated in the State of California without being retrofitted to meet CARB requirements. CONTRACTOR will submit the completed "Out of Sate Sales Verification" form back to the CITY for their records with payment. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in the Exhibit "A" Compensation/Fee Schedule. However, in no event shall the compensation owed to CONTRACTOR for any item of Property sold exceed the net proceeds due to CITY as a result of the sale of such Property. Compensation due to CONTRACTOR shall be withheld from the auction proceeds. 5. TERM OF AGREEMENT. This agreement will be for a period of two (2) years commencing on the date first hereinabove written and ending on August 31, 2010. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for up to two (2) additional two year terms on the same terms as provided herein. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERS] IIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: P 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to the PROJECT MANAGER (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to the PROJECT MANAGER. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by the PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation 6 and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the CITY's PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Public Works Director City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: First Capitol Auction, Inc. 50 Solano Avenue Vallejo, CA 94590 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS., A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under ii any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes related to the performance of its duties under this Agreement. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY F S RAFAEL � .,�'vr L�t�C t / KE ORDI TOFF, City M er ATTEST: ESTHER C. BEIRNE, City Clerk CONTRAQTOR By: Title: <,,' e - u e . �„ L'� ��,`Cc jD FORM: TF,✓ STEIN, �ity Attorney EXHIBIT A CITY OF SAN RAFAEL COMPENSATION/FEE SCHEDULE COMPENSATION AND EXPENSES A. Commission (Selling Fees) 1. Motor Vehicles and Off Road Vehicles 7.5% 2. Miscellaneous Property (Non -motor) 20% 3. Non running vehicles 7.5% 4. State of California Vehicle Safety Inspection No Charge 5. Smog Service No Charge B. Transportation Charges and Other Services 1. Standard Towing: Non -Op Units. See low bed 2. Standard Towing: Running Vehicles (6-8 Vehicles) $95.00/Veh 3. Low Bed Trailer Service (Equip/Med to Large Trucks) $85.00/l Ir 4. Surplus Personal Property (Miscellaneous) $85.00/I Ir 5. Auto Detail No Charge 6. Minor De -Identification of County and City Unites $50.00Neh 7. Exempt Plates: Processing "E" Plates No Charge 8. Storage Fees No Charge C. Additional Services Provided to the Public 1. Free Color Sales Brochure 2. Free Permanent Bidder Program (encouraging return bidders) 3. Free Auction Sale Catalog (this is an important selling aid for the buyer) 4. Three (3) ways to bid at First Capitol Auction Inc.; live, absentee or online 5. First Capitol Auction Inc does not allow or sell any special privileges such as pay to cut in line. We feel this practice is discriminatory. 6. Free hospitality barbeque at all heavy equipment sales to encourage bidder registration and inspection. 09/1712008 13:06 7074480187 RVIAVACA PAGE 01 OpUCER CAMBRIDGE GENERAL AGENCY 3134 WILLOW AVE, #101 CLOVIS, CA 98612 (559) 292-3575 (559) 2923576 - FAX INSURED FIRST CAPITAL AUCTION 50 SOLANO AVENUE VALLEJO,CA 84590 911 THIS T TE SUED ASA MATTER F INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FF i BY I COMPANIES AFFORDING COVERAGE COMPANY A COMPANY 6 COMPANY C COMPANY D SCOTTSDALE INSURANCE COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 1MTH RESPECT TO WNICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Do, TYPE OF INSURANCE POLICY NUMBER POLICY CFFBI; = POLICYEXPMMON ullm LTR: ° DATEIUMMIk V1 DATKtMfAD0/VY1 OF -NERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLS1465614 ICLAIMS MADE Q OCCUR OWNrma d, CONTRACTOR'$ PROT AUTONOBIIA LIABILITY ANY AUTO ALL OANED AUTOS _ SCHEDULEO AUTOS HIRED AUTOS NON.OINNED ALMS w ONNERALAOGREGATE 16 2,000„000 4-21-08 4-21.09 PRODUC S - COMPIOP AW. • 2.000.000' PERSONAL A ADV INJURY 8 1.000,ow = EACH OCCURRENCE It 1,000 000 FIRE DAMAGE (Any aufire) A 10C1,(no MEI MOB LIABILITY MEDEV XP MY Me PMlon) f +. 61000.111 COMBINED SINGLE LIMIT a AGGREGATE I a BODILY INJURY S iC a (Par por.uo) STATUTORY LIMfT8 w FJt BODILY INJURY S a (Per aooldm”) IEXCL, -MU4$0YifUw UfCyr'LkiklY iirwlWi�,ukduiaMrd+, " �II�dIIc8AL1('I�WI CITY OF SAN RAFAEL. ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS RE NAMED AS ADDITIONAL INSURED, INCLUDING PRIMARY & NONCONTRIBUTORY, PER ATTACHED FORMS CG2026 AND UTS-3G *CANCELLATION EXCEPTION -10 -DAY NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOW DUSCRUIRD PWCIRS IN CANCELLED WIRE THE CITY OF SAN RAFAEL OMM710H DATE 1"SKEOP, THE =LOW COMPANY WILL ENDEAVOR TO MAB. 111 MORPHEW ST. 30* DAYS WRITTEN NOTICETO THECBRTIFIGATSHOLM NAMWTO THE LERT. SAN RAFAEL, CA 94915 Bur VAILURE 10 NAIL BUG" 11011011 SHALL IMPOSk NO OBLIGATION OR LIABILITY PROPERTY DAMAGE < OARAGE LIABILITY AUTO ONLY . EA ACCIDENT _ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT a GRE;GATE a MEI MOB LIABILITY EACH OCCURRENCE a UMBRELLA FORM AGGREGATE I a OTHER THAN UMBRaLA FORM iC a AND STATUTORY LIMfT8 w FJt EMPLOYERS` LLAWlTUTY IDNi a �ER�' e� IEXCL, SEASM-POLICVLI NT s CUTIVE .� DI sEASE - EI►cN EMPLaYEE a �H�HERSARE: . -MU4$0YifUw UfCyr'LkiklY iirwlWi�,ukduiaMrd+, " �II�dIIc8AL1('I�WI CITY OF SAN RAFAEL. ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS RE NAMED AS ADDITIONAL INSURED, INCLUDING PRIMARY & NONCONTRIBUTORY, PER ATTACHED FORMS CG2026 AND UTS-3G *CANCELLATION EXCEPTION -10 -DAY NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOW DUSCRUIRD PWCIRS IN CANCELLED WIRE THE CITY OF SAN RAFAEL OMM710H DATE 1"SKEOP, THE =LOW COMPANY WILL ENDEAVOR TO MAB. 111 MORPHEW ST. 30* DAYS WRITTEN NOTICETO THECBRTIFIGATSHOLM NAMWTO THE LERT. SAN RAFAEL, CA 94915 Bur VAILURE 10 NAIL BUG" 11011011 SHALL IMPOSk NO OBLIGATION OR LIABILITY E)9/17/2008 13:06 70744801P-' RVIAVACA r�rut r�1 • u SCOTTSDALE INSURANCE COMPANY 4D ENDORSEMENT NO. 5 ATTACHED TO AND ENDORSEMENT EFFECTUE NVaL1FtED AGENCY AND CODE FORMWG A PART OF (STANDARD TME) POL CYNUMBER MO DAY YR 1101 CLS1465614 09 11 08 AM FIRST CAPITAL AUCTION, INC, OAWRIOSEGEWMLAGENCY 04010 IT IS FURTHER AGREED THAT THIS INSURANCE SHALL BE PRIMARY AND NONCONTRIBUTORY .BUT ONLY IN THE EVENT OF THE NAMED INSURED'S SOLE NEGLIGENCE. C(- / 9-11-08 NJ/bm COUNTERSIGNATURE DATE UTS-9g (3-92) 09/17/2008 13:06 7074480187 RVIAVACA PAGE 03 POLICY NUMBER: CLS1465614 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) CITY OF SAN RAFAEL, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS 111 MORPHEW ST. SAN RAFAEL. CA 94915 Information reouired to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an additional Insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 173