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HomeMy WebLinkAbout1994-385 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-385 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THl EXECUTION OF AN AGREEMENT WITH THE NATIONWIDE COMPANIES FOR THl PROVISION OF AUCTIONEER SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 01 SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed tc execute on behalf of said city an Agreement with The NationwidE Companies incorporating the County of San Bernardino Sherriff! Department Contract Number 93-726, and Addendum "A", for thE provision of auctioneer services at the same rate and commissior structure as specified in this contract. The terms and condition 0 the County Agreement are incorporated herein by reference as full) as though set forth at length. SECTION 2. The authorization to execute the above referencec agreement is rescinded if the parties to the agreement fail tc it within ninety execute (90) days of the passage of thi! resolution. / / / I I / / / I / / / I / / I I I / I / / / / I I I / I / / I / / / I / / / / December 1, 1994 1 .94-385 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THI EXECUTION OF AN AGREEMENT WITH THE NATIONWIDE COMPANIES FOR THI 1 PROVISION OF AUCTIONEER SERVICES. 2 I HEREBY CERTIFY that the foregoing resolution was duly adoptee 3 by the Mayor and Common Council of the City of San Bernardino at a reQular meeting thereof, held on the 19th day of December 4 5 1994, by the following vote, to wit: 6 Council Members: Absent 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER x x 14 15 16 17 18 The foregoing resolution is hereby approved this Dpr.pmhpr , 1994. ?1 c:!"\- day 01 /~~ ~- " , '). )/lvl~-"- TOM MINOR, Mayor city of San Bernardino 19 Approved as to form and 20 legal content: 21 James F. Penman, city Attorney 22 ~~ 23 By: Vk>- S("d~ "~'el 24 25 26 27 28 December 1, 1994 2 o.~4 385 l--J~-: ':,~/ :-.:.~, .~7' ! E IXl New Vendor Code ! Dept. Contract Number lit! Change SclSHR A q3-7~0 X Cancel I County Department Dept. Orgn. Contractor's License No. I SHERIFF SHR SHR I - FOR COUNTY USE ONt Y I County Department Contract Representative I L RAY HAPRER, DEPUTY CHIE~__ i Fund : Oept.! Organization I' Appr. I iVARIES VARIEs VARIES, I Commodity Code I ---l FY I- I I- I- I THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County. and Name Ph. Ext. Amount of ContraCt STANDARD CONTRACT Amount 387-3660 I Obj/Rev Source Activity I GRC/PROJIJOB Number I 9990 I VARIES ---.J Estimated Payment Total by Fiscal Year I liD i I __ I , 1.;0 FY Amount County of San Bernardino FAS Project Name -- I I _~_ I I NATIONWIDE COMPANIES hereinafter called _ CONTRACTOR AC'dress 13005 EAST TEMPLE AVENUE CITYOF INDUSTRY, CA 91746 "-,hO';<o' Birtn Oa:e r.:t:,.r.~: :D :~O c: Scclal S,~C'.Jlltv t.o IT IS HEREBY AGREED lIS FOLLOWS: iUS2 space below and addirion,-.{ bond sheers. See fc'~,'l service eo be rendered, amounr to be paiU, manner of paymerlf, rime fer perform:.;nre or compicficn, deier.7Hi1afIOn of SdfIS,fJClDt'/ j)~.tiormance ;Jf1() cause for :ermmatlon, orher telfns and condieions, and artach plans, speclfica:lons, and aal1en~a_ it Df)V.; ~HEREAS, The County of San Bernardino requires the services of an auctioneer to dispose of various property acquired by the San Bernardino County Sheriff's Department through asset seizure/forfeiture and other unclaimed recovered property (hereinafter referred to as PROPERTY), AND; ~HEREAS, The CONTRACTOR has the necessary facilitie;, knowledge, and abilities to conduct said auctions for the COUNTY; NO~, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree as follows: 1. DEFINITIONS: For purposes of this contract PROPERTY shall include, but is not limited to, the following: vehicles, boats, firearms, jewelry, fine art and collectibles, trucks or other conveyances, and miscellaneous equipment. II. RESPONSIBILITIES AND DUTIES OF THE CONTRACTOR 1. CONTRACTOR agrees to conduct public auctions of COUNTY'S PROPERTY. Said auctions shall be conducted at CONTRACTOR'S facility located at 13005 East Temple, City of Industry, California. In addition, CONTRACTOR has complete mobile auction teams that specialize in conducting on-site auctions which shall be available to go anywhere in the state or nation to conduct an auction of COUNTY PROPERTY. None of the PROPERTY assigned to CONTRACTOR pursuant to this contract may be sold before the auction without the prior written agreement of the COUNTY. Should both parties agree to a sale prior to auction, the proceeds of said sale shall be treated as part of the gross proceeds of the auction. 02-12311.000 R.v. 11/91 Page 1 of 7 h ~5 2. CONTRACTOR shall conduct said public auctions of PROPERTY in accordance with the following requirements: a. Vith the exception of firearms sales, which CONTRACTOR shall limit to federally licensed gun/weapons dealers, all auctions will be open to the general public and there shall be no fee charged for participation as a potential buyer. b. Sales of such PROPERTY will be made only to the highest responsible bidder. The proceeds from all sales shall be collected in the form of cash, cashiers check, traveler's check, money order, or a check guaranteed by a bank letter of credit. c. Unless otherwise directed by the COUNTY, CONTRACTOR shall reschedule all unsold property to the next available auction, at no additional cost to the COUNTY. 3. CONTRACTOR shall perform the following services in connection with the conducting of said public auctions for the COUNTY. a. Receive and protect all PROPERTY consigned to CONTRACTOR for disposal. b. Physically arrange PROPERTY prior to the auction date. c. Supply all needed personnel and set up all needed auction equipment and facilities, such as offices, customer seating, and auction stands. d. Comply with all pertinent provisions of the Bulk Sales Laws and laws and regulations oL the State of California, including but not necessarily 'limited to, obtaining all necessary licenses and permits, posting required bo~ds, payment of all fees and expenses thereof and publicizing the sale. e. CONTRACTOR shall engage in a comprehensive advertising and marketing campaign in advance of each auction. Said campaigns shall include: adve~tisements in major newspapers in the surrounding major metropolitan areas, preparing, printing, and distributing fliers and brochures on special interest PROPERTY, advertisements in trade journals as well as national and international campaigns when appropriate and mailing of pre-auction brochures as described in Section II.3.f. f. Prepare and distribute by first class mail, between 5,000 and 20,000 full color auction brochures to CONTRACTOR'S current mailing list prior to each auction. Said brochure will contain brief descriptions and photographs of featured items of the PROPERTY to be auctioned on the advertised auction date. A reasonable quantity of these brochures can be provided to the COUNTY upon request. g. Register all bidders and issue bidder numbers. A valid California driver's license is required for no fee registration. Those individuals desiring to register who do not possess the required license may post a $500.00 cash deposit and obtain a bidder's number. h. Experienced cashiers will collect and process all deposits and proceeds. i. Prepare and present to the new owner the necessary documentation to transfer ownership or title, including DMV forms. Page 2 of 7 I' 94 385 j. Provide a summary statement, "Final Auction Results," to the COUNTY accompanied by payment of those gross proceeds of sale to COUNTY no later than .< ten (10) working days after auction date. Final accounting will include, sale price, name and address of purchaser, detailed accounting for other fees, and authorized expenses. Summary statements may be designed to fit- consignor requirements. k. CONTRACTOR shall ensure that all PROPERTY is available for public inspection at least two (2) days immediately preceding the auction sale date. No other public access will be allowed. CONTRACTOR personnel and security employees will supervise this inspection period. Vehicles are washed prior to inspection days and again immediately before the auction sale. 1. As requested by COUNTY, CONTRACTOR shall arrange for the transportation of all PROPERTY from the COUNTY'S possession to CONTRACTOR'S auction facility. Such transportation shall be provided by licensed and insured sub-contractors. The fees for such services are outlined in Addendum A and shall be deducted from the auction proceeds. m. As requested by COUNTY, CONTRACTOR shall provide detail service for the PROPERTY prior to auction. The fees for such services are outlined in Addendum A and shall be deducted from the auction proceeds. n. As requested by COUNTY and in compliance with California state laws, CONTRACTOR shall arrange for smog certificate or statement that vehicle does not meet smog requirements prior to sale. The fees for such services are outlined in Addendum A and shall be deducted from the auction proceeds. ", . o. ~hen requested by the COUNTY, CONTRACTOR shall arrange for PROPERTY repair or reconditioning. CONTRACTOR, upon direction of the COUNTY, will obtain price quotes and upon receipt ~f written instructions from the COUNTY shall have the necessary services performed. The fees for such services are outlined in Addendum A and shall be deducted from the auction proceeds. . p. CONTRACTOR shall, at the direction of COUNTY, cause a professional appraisal to be performed and obtain an "Actual Cash Value" appraisal and provide a copy of the appraisal report to COUNTY. The fees for such services are outlined in Addendum A and shall be deducted from the auction proceeds. III. RESPONSIBILITIES AND DUTIES OF TOE COUNTY 1. In the operation of this contract, COUNTY shall be responsible for the following: a. COUNTY shall provide in a timely manner the free and clear title or Certificate of Ownership and all other documents necessary to effect Transfer of Title for motor vehicles, trailers, and vehicle equipment and other PROPERTY. At the option of the CONTRACTOR, vehicles may not be offered at auction unless the Certificate of Ownership and all other documents necessary to effect a Transfer of Title for motor vehicles, trailers, and vehicle equipment are submitted at least five (5) days prior to the sale. b. Submit to CONTRACTOR a list of PROPERTY released for sale. It is understood that minor changes in said list may be submitted to CONTRACTOR at any time prior to two (2) weeks in advance of the auction. Notwithstanding the foregoing, the COUNTY may withdraw PROPERTY from said list upon notice to CONTRACTOR five (5) days prior to auction. Page 3 of 7 .,/- "'ij. 9,4. ~85', ,.;'..0 c. Maintain any records considered necessary by the COUNTY other than those provided by the CONTRACTOR. COUNTY will also provide CONTRACTOR such additional documents as. CONTRACTOR may reasonably request in order to assist CONTRACTOR in performing its duties under the contract, CONTRACTOR will provide COUNTY such documents as COUNTY may request to protect COUNTY'S rights under the consignment provisions of the Uniform Commercial Code and such other sales-related documentation not included in the reports otherwise provided COUNTY , IV. TITLES COUNTY warrants title to all PROPERTY to be unencumbered at the time of sale. All PROPERTY shall be sold "as is, where is," without any warranty by COUNTY or CONTRACTOR as to condition or usability. This disclaimer shall be contained in all auction brochures, and incorporated into the "Terms and Conditions of Sale" as well as on the sale invoice. V. CONTRACTOR'S RESPONSIBILITY FOR COUNTY PROPERTY ;~ CONTRACTOR shall be responsible for loss or damage to PROPERTY during and after transport of said PROPERTY to the auction site through sale and transfer of possession to the new buyer. VI. INDEPENDENT CONTRACTOR In the performance of this contract, CONTRACTOR shall be, and have the status of, an independent contractor, and shall not be deemed to be an agent or employee of the COUNTY. CONTRACTOR will charge a ten percent (10%) buyer'S premium to the successful . bidder, full disclosure of said premium will be duly noted in advance of ~ale. Buyers will also be asseised a $50 document fee for ?rocessing DMV forms. ! VII. HOLD HARMLESS 1. CONTRACTOR agrees to indemnify, defend and hold harmless the COUNTY and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from CONTRACTOR'S acts, errors or omissions and for any costs or expenses incurred by the COUNTY on account of any claim therefor. 2. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the CONTRACTOR shall secure and maintain throughout the term of this contract the following types of insurance with limits as shown: a. VORKERS COMPENSATION - A program of Yorkers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer'S Liability with $250,000 limits, covering all persons providing services on behalf of the CONTRACTOR and all risks to such persons under this contract. b. COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE - This coverage to include contractual coverage for automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000). Page 4 of 7 94 33a c. Additional Named Insured. All policies, except for the ~orker's Compensation, shall contain additional endorsements naming the COUNTY and its employees, agents, volunteers., and officers as addi tional named insured wi th respect to liabili ties arising out of the performance of services hereunder. d. Waiver of Subrogation Rights. CONTRACTOR shall require the carriers of the above-required coverages to waive all rights of subrogation against the COUNTY, its officers, volunteers, employees, contractors, and subcontractors. e. Policies Primary and Non-Contributory. All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY. f. Proof of Coverage. CONTRACTOR shall immediately furnish certificates of insurance to the Department evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and shall maintain such insurance from the time CONTRACTOR commences performance of services hereunder until the completion of such services. ~ithin sixty (60) days of the commencement of this contract the CONTRACTOR shall furnish certified copies of the policies and endorsements. g. Insurance Review. The above insurance requirements are subject to periodic review by the COUNTY. The COUNTY'S Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably pJO'iced or available, the Risk,. Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY'S risk. h. Any such reduction or waiver for the entire term of the contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. CONTRACTOR agrees to execute any such amendment within thirty (30) days of receipt. VIII. ASSIGNMENT OF AGREEMENT CONTRACTOR shall not assign this contract or any portion thereof to a third party without the prior written consent of COUNTY, and any attempted assignment without such prior written consent in violation of this section shall be considered grounds for immediate termination of this contract by COUNTY. IX. NON-DISCRIMINATION CONTRACTOR shall comply with the COUNTY'S non-discriminatory Employment Practices Provision and Special Affirmative Action Provision for Supply and Service Contracts, copies of which can be obtained upon request, and are incorporated herein by reference. CONTRACTOR affirms that it is an an equal opportunity employer and shall maintain strict policies governing alcohol and drug use and all discriminatory practices. Page 5 of 7 I: ~-4 J j ~ 94 J~5 1. This contract shall be for the San Bernardino County Board provided. X. TERM AND TERMINATION a period of time commencing upon its execution by of Supervisors and terminating only as hereinafter 2. Either party may terminate this contract, with or without cause, upon written notice given to the other party at least thirty (30) days prior to the date specified for such termination. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of such termination. Neither party shall incur any liability by reason of such termination. 3. The Sheriff of San Bernardino County shall have the authority to exercise the COUNTY'S rights under this contract, including the right to give notice of termination of the contract at his sole discretion. XI. AMENDMENTS No amendment to this contract shall be effective unless it is in writing and signed by both parties. XII. COMPLETE AGREEMENT This contract includes Addendum A attached hereto, and incorporated herein by reference, and represents the entire contract between CONTRACTOR and COUNTY with respect to the sale of COUNTY'S PROPERTY. All prior contracts, representations, statements, negotiations, and undertakings whether oral or written are superseded hereby. XIII. APPLICABLE LAY The contract shall be governed by, and construed in accordance with, the Jaws of the State of California. XIV. EVENTS BEYOND THE CONTROL OF THE PARTIES Performance by either party hereunder will not be deemed to be in default where the delay or default is due to war, insurrection, strike, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions, inability to secure necessary labor or materials, delays of any subcontractor, acts of the other party or failure to act of any public or governmental agency or entity, or any other cause beyond the control of the party that would otherwise be in default. XV. SEVERABILITY If any prOV1Slon of this contract is deemed unenforceable in whole or in part, such provision shall be deemed severable solely to the extent of such unenforceability. Page 6 of 7 ., 94 ~85 XVI. NOTICES Any and all notices required hereunder shall be in writing and shall be deemed to have been given when personally delivered or when deposited in the United States mail, certified, postage prepaid, and addressed as follows: CONTRACTOR: The Nationwide Companies 13005 East Temple Avenue City of Industry, CA 91746 COUNTY: San Bernardino County Sheriff's Department Bureau of Administration P. O. Box 569 San Bernardino, CA 92402-0569 J ~ i>')~Ji\JT'/ 0:: SAN 2ERi\J-\nDI:\O , NATIONWIDE COMPANIES __~_____ l"State jf corporation. company. etc.) Bv~_J1~ ~ . . (Authcl{/zea Slgnatu'el Dated _~~ :2 7,..--L1.'1~__----- Title -'l.Lf.L-j!,e t-f I OE""f .,. ty of San Address 13005 EAST. TEMPLILAYENUE By CITY OF INDUSTRY. CA 91746 . ... ency Admi~tr;;1~ Date 7 .;pproved as to Legal Form . nINO ...~p.~' County coun7.1 (c Date 7 z' "J ( eviewed as to Affirmative Action Rev! Date 7 7 94-385 ADDENDUM A COMPENSATION OF AUCTIONEER FOR SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT SEIZED AND FORFEITED ASSETS AGREEMENT 1. COMMISSION (Auction Fee): A. THREE POINT FIVE PERCENT (3.5%) commission fee of Auction Sale Price on all vehicles, air and water craft, trucks, jewelry, firearms, coins, art, stocks, precious metals, electronic equipment, other collectibles, all miscellaneous personal property, and household furnishings, etc. B. REAL PROPERTY: THREE POINT FIVE PERCENT (3.5%) of Auction Sale Price of real property, and mobile homes, includes appraisal, advertising and marketing, sale, and accounting. SIX PERCENT (6%) of monthly gross for managing commercial property pending sale. 2. TRANSPORTATION, STORAGE, AND OTHER SERVICES: A. Transportation: Included in commission. B. Vehicle Storage: Included , persbnal Property Storage: in commission. tlncluded in commission! C. D. Detail Service - Prior to Auction: Includes buff, wax exterior, interior, shampoo, engine steam cleaned. Included in commission 00.00 Per Unit E. Return of Stored Vehicles or Property: No charge to seizing agency when appropriate agreed upon measures will be made to obtain reasonable storage fees from legal owner or when item is returned for COUNTY use. 00.00 Per Unit 3. PAYMENT OF CHARGES AND SERVICES All charges for other requested and authorized services will be advanced by auction company and deducted from auction proceeds, per agreement of the parties heretofore named.