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