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Home My WebLink AboutCM Auction ServicesCITY ' .• OT1 AGENDA ITEM NO.: ...... 6 . 1■-� SAN RAFAEL MEETING DATE:. April 20.., . 1.9.92.......- P 0 BOX 60 SAN RAFAEL. CALIF 94915 PHONE (4151456-1 1' a REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Approval of Agreement for Auction Services SUBMITTED BY:.`.............2,'... ......Z APPROVED BY: . . SUZANN�LT, Assistant City Manager city Manager DATE: April 15, 1992 RECOMMENDATION: Adopt Resolution authorizing City Manager to execute agreement with Nationwide Norcal Facility for auction services. SUMMARY/BACKGROUND: For many years now, the City has disposed of surplus vehicles and equipment by auctioning them off at the Fairgrounds in Vallejo and more recently at the Nationwide Norcal Auction Facility location in Napa. Previously, no formal agreement between the City and the auctioneer existed. Enclosed for Council's consideration is an agreement for auction services. Compensation for these services has not changed under this agreement. The City Attorney's Office has approved the agreement as to form. I recommend Council adopt the resolution authorizing the City Manager to execute the agreement. me Ma *-3 -a S3 Council Meeting ---- -s--- --........ ......... .._ Oisoosition 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 JE�M.EONINI, City Clerk C ff % '""4'py AGREEMENT AUCTION SERVICES THIS AGREEMENT is entered into this 20th 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 "PROPERTY": 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 Eales proceeds shall be treated as part of the gross proceeds of the auction. 2. SCOPE OF WORK 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 her -eta 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") I�[NI� f. Provide a summary statement, "Final Auction Reaulte", 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 ahall be made payable to City of San Rafael and delivered to the CITY'S Purchasing Department. g. Comply with all pertinent provisions of the Bulk 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 publicising 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 RMUIREMENTS In the operation, of this agreement, CITY shall be responsible for the following: a. Submit to AUCTIONEER a list of PROPERTY. It is under•atood 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 foregoingt 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 shall 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 on any PROPERTY withdrawn from the sale as a result of the failure by CITY to submit the required documents specified above. 2 4. AUCTION REQUIREMENTO AUCTIONEER shall conduct said public auction of PROPERTY in accordance with the following r•equirementsi a. Sale will be open to the general public and there will be no 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 vehicles and equipment will be rescheduled and attempted to be sold at the next available auction, at no additional cost to the CITY. 5. TITLES QTTY wayrant title to all PROPERTY to be unencumbered at the time of sale. All items shall be sold "as is, where is" without any warranty by CITY as to condition or usability. 6. RESPONSIBILITY FOR CITY PROPERTY AUCTIONEER ahall be r.eapon,aible for. loam or% damage to PROPERTY due to fire of theft or malicious damage during and after transport of said PROPERTY to the auction site. 7. INDEPENDENT CONTRACTOR In the perfor-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. a. 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 connection, with, or arising out of AUCTIONEER'S willful or negligent acts, errors or omissions, in performance of its services hereunder-. S. WORKERS COMPENSATION AND LIABILITY INSURANCE AUCTIONEER shall acquire and maintain worker's compensation insurance coverage in accordance with statutory requirements and shall acquire and maintain comprehensive general liability coverage protecting the CITY, its boards, commissions, officers, agents and employees in connection, 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 deaths) 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 o 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 assignment without such prior- written consent in violation, of this Section automatically shall terminate this Agreement. 11. NON-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 reference. 12. TERMINATION This Agreement shall continue in force until terminated by either- paY%ty by giving the other- pasty 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 her -eta and represents the entire Agreement between AUCTIONEER and City of San 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 giver, when deposited in the United States mail, postage prepaid, and addressed as follows: To City: Purchasing and Services Manager - City of Sian Rafael 1400 Fifth Ave. Sar, Rafael, Ca 9490 To Auctioneer: General Manager - THE NATIONWIDE COMPANIES 1010 kaiser Road Napa, CA 94558 o)�% to such address as may from time to time be designated by either party in the manner, herein provided for giving notice. M 17. SIONATUREra IN WITNESS WHEREOF, the parties hereto have affixed their- aignatux%ea an the day and year first above written. APPROVED AS TO FORM: City Attorney CITY OF SAN RAFAEL, a municipal corporation wro-, I � I "F Fy "Ox 0 RATIONWIDS—WORCAf- F by its ATTEST: S Kee- - tsity C+11." ��- EXHIBIT RAN COMPENSATION OF AUCTIONEER A. COMMISSION (Selling fees) 1. Motor Vehicles and Off Road Vehiclesi Ten percent (10%) of the Gross Sale Price. 2. Miscellaneous Property (Non -Motor- or Off Road Vehicles), Twenty Percent 120%) of the Gross Sale Price, 3. Non -Running Vehicles and Off Road Vehicles Fifteen Percent (15%) of Gross Sale Price. H. TRANSPORTATION CHARGES AND OTHER SERVIGEW 1. Standard Towing: Single Running & Non $60.00 Per Unit Operational Units. Towing dates are for passenger cars, full sire vans & pick-ups, up to one ton. 2. Standard Towing: Running Vehicles: *50.00 Per- Unit Towing Rates are for passenger cars, mini foreign Nick -ups to 3/4 tori. Hinimum of 6 to 10 per transport. 3. i.avhed Trailer Service *65.00 Per Hour - Construction machinery, two tor, trucks, manlifts, forklifts, backhoes, sweepers, lQadera, and the like. Flat bed rates available upon -request. 4. Rurplua PeraQnal Property Wscellaneous)*50.00 Per Hour No charge, if loaded by the City and transported at the same time vehicles and equipment are transported. 5. Detail Service: $65.00 Per Unit Includes buff, wave 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 Units: Process would include removal of door logos. No paint. S. %-Identification of number -e an top of vehicles. 535.00 Per Unit 130.00 Per Unit S. Construction Equipment De -logo No Paint: MOM@ Per Unit 10. Exempt M Platee; PFoceasing M $10.00 Per Unit plates. C. All char qPa for aervicea 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.1O, above are to be performed. Any such services performed without such approval are done so without cost to the City. P. In no event shall commission, transportation, or other charges owed by the City exceed the Net Proceeds due to the City a T eault of ar,y unit a lot sold. a ROUTING SLIP FOR APPROVAL OF CONTRACT/AGREFI.IENTS/ORDINANCES/RESOLUTIONS INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL CONTRACT/ P0GR1EMMEN14,/ORDINANC RESOLUTIO BEFORE APPROVAL BY NCI AGENCY S-RRA,/SRCC AGENDA ITE14 NO. G FROM: Date: _TE OF MEETING Originating Department: _+_rka�n�e,( DA TITLE OF DOCUMENT: - G Department Ii d (Signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) REVIEWED BY CITY MANAGER/EXECUTIVE TO: CITY ATTORNEY ,,Z nF qn" —AFT. DIRECTOR APPROVED AS TO FORM: 4t APPROVED AS COUNCIL/AGENCY AGENDA ITEM City A torney s.gnature Z*,/ NOT APPROVED REMARKS: cc! Finance Director: Attached is one copy of document. -- Please review for financial impact. til White- - - - • - -City Clerk's Officewith Original Document FI Green- - - - - - -City Manager's Office ZD Canary - - - - - -Originating Department "j Pink - - - - - - -Finance Director nl reldenrod- - - - -Preliminary file Copy-Jriginating nepaitmnnt fl 4:y7CA