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(nn CD M `tab "ro It ~rt w 0 N x n A H (D or Nb0 ww 0 °•rtrt�a� noIt 000� O 4ON"'tiK (D rh n 1D 0 IM rtrt0,00 (A (D N w It w(Dw0 rty' a( aD M rto vo oro H-MMDKww 0 0NE0 tf M rtn"•N� ooaG(DPC 0 ov It (0D'e 0� w �h ro0 U1 • n w rt rt o'ro Fi• •E 0 woaro"•� mrtwd0". w n f�Fa.rt�w rt N � �' "• proi F-"rtH N N (D00%0' O W N (D M- F-I an m �0 awn �-h �4 It M 0oaN M 1 0 040(D MPa 0) a H. "• N m00w w 0 It H (rtD 0wb onK E ww � 0 > ro fD ro wNrt ct �mm N 0 fD0 0 IV It �a En w 0 0 H 0 H. � (D aIt O rh 0 H. o �ro lz n 0a rt 0' I 010 'b 0 En V 0 0) N 0 "• w rt (D N "• �qa a w okQ rtEn lz to 4 lz 17b It N wM 110 10 14 M rt w14 rt 0 a w rn y trJ H n .o H K ro w "• o z r000 � w(DU1 H (D > r .. 0 (A H x roon � I W to H. y H .. aEn ro O H a w K (finEn � `o co. wrt H 0 rt � w w It � o 4 0 w 3 . . criminal case. Pursuant to state laws any revenues returned to the City of Dublin will be placed in the Criminal Activity Fund, which can only be expended on Police related activities. The Police Department may also have other property currently in the evidence room, which can be disposed of at this auction. Since this is not technically City property it will be disposed of in accordance with Chapter 2.40 Unclaimed Property (Dublin Municipal Code) or a court order as applicable. Staff discussed auction services and costs with three different firms. The ideal situation is to identify a single firm which has the resources to deal with all of the different types of property which are available. In reviewing the proposals Staff considered both the commission rate as well as experience and marketing efforts. As noted in the letter accompanying the proposal from Nationwide Companies, they have indicated a 10% commission on all property. This is a reduction from their typical rate of 20% on non-vehicle assets. In addition they will assume all costs for the transportation of the City property and detailing of the Police Cars. For the two Police Cars this would have typically been an additional $125 per unit. The only cost on the Police Cars would be a $50.00 per car charge to remove the decals and paint over the area. Staff believes that Nationwide has the experience to handle the Asset Seizure property. Nationwide has a separate Jewelry Division and in a recent auction they handled 200 lots of jewelry. In addition they utilize a broad based advertising approach to obtain interest in their auctions. In 1990 the City of Dublin used Nationwide to auction police vehicles and experienced no problems. Staff also obtained positive recommendations from other public agencies, which have used Nationwide's services. Staff recommends that the City Council adopt the Resolution declaring surplus property and authorize Staff to enter into an agreement with Nationwide. . . RESOLUTION NO. - 93 A RESOLUTION OF THE CITY OF DUBLIN ***************** DECLARING PROPERTY SURPLUS WHEREAS, the City Manager has determined that certain police vehicles and office equipment described more particularly in Exhibit A attached hereto and incorporated herein by reference are no longer needed for city purposes; and WHEREAS, the most effective method of disposing of such items is by auction; and WHEREAS, independent auctioneers are available to auction these items to the highest bidder; and WHEREAS, the Police Department also has unclaimed property and asset seizure property which is available for disposal to the highest bidder; and WHEREAS, the disposal of the items held by the Police Department are subject to specific laws and regulations; and WHEREAS, consolidating the sale of all items at one time is a cost effective means to obtain auction services; and WHEREAS, the City is authorized to dispose of personal property described in Exhibit A pursuant to Government Code S 37350. NOW, THEREFORE, BE IT RESOLVED that the police vehicles and office equipment described in Exhibit A are declared surplus property, to be sold by the city Manager; BE IT FURTHER RESOLVED that the city Manager or his designee is authorized to enter into a contract with an independent auctioneer selected by the city Manager to sell assets listed on Exhibit A to the highest bidder. The proceeds of the sale of these items, less the cost of sale, shall be deposited into the Internal Service Fund. BE IT FURTHER RESOLVED that any of the Police Property not identified on Exhibit A which is auctioned under the same contract shall be deposited in accounts as authorized by governing laws. PASSED, APPROVED AND ADOPTED AYES: NOES: ABSENT: Mayor ATTEST: City Clerk PSR/lss a:113auctn.doc.agenda#13 . . ::, . I~) . :,:'~ t~ r., i.. CITY OF-' DUBLIN SYNTREX WORD PROCEsSING SYSTEM ACCOUNTING OF SURPLUS ITEMS November 2, 1993 All purchases were recorded as assets within the Internal Service Fund (ISF). Components not in use were declared surplus and proposed to be disposed of by auction. The original purchase price carried on the City's financial records included the cost of the proprietary software. ITEMS TO BE DECLARlID SURPLUS AS LISTED ON ISF ASSET LIST Type IDH Brand /Make Purchase Date Cost Word Processor 15* Aquarius I Dec. 1982 $ 7,050.45* Word Process Equip 119 syntrex AQ Jan. 1983 8,050.45 Word Process Equip 335 Syntrex DI July 1984 9,619.13 Word Process Equip 271 Syntrex DI July 1984 8,015.62 Word Process Sys 323 Syntrex AQ Aug. 1985 6,438.40* Word Process Sys 314 A9uarius I Aug. 1985 7,438.40 Word Process Equip 432 Vl.rgo Oct. 1986 6,922.50 Word Process Equip 433 Leo Oct. 1986 2,651.85 Word Process Equip 434 Typewriter Oct. 1986 1,278.00 syntrex Monitor 567 Aquarius I Sept 1987 3,459.03 Syntrex Software 568.10 Aquarius I Sept 1987 850.65 Stand Alone W.P. 580 Syntrex Dec. 1987 5,559.30 Typewriter 581 Syntrex Dec. 1988 Incl # 580 * The Typewriter is still in use on these systems. The cost shown has been reduced by $1,000 to reflect the value of the typewriter, which will remain on the inventory list. The original invoice only provided a cost for the total workstation without itemizing individual components. OUanity 1 Lot 1 1 2 2 5 6 6 GENERAL LIST OF SYNTREX COMPONENTS TO BE DECLARED. SURPLUS Description Miscellaneous Cords/Connectors/Manuals/syntrex Software 10mb Standalone File Server Standalone Monochrome Terminal Monitor Multiconnector boxes 5 1/4" Disk Dual Disk Drive Processor with attached Monitor Typewriters Monochrome Monitors 5 1/4" Dual Disk Drive Processors SYNTREX EQUIPMENT CURRENTLY IN USE WHICH WILL CONTINUE TO BE CARRIED ON THE INTERNAL SERVICE FUND LIST OF ASSETS Typewrtr City Mgr 15 Syntrex Dec. 1982 $ 1,000.00* Typewrtr PIng 225 syntrex Aug. 1983 1,516.14 Typwrtr Rec 568 syntrex Sept 1987 1,057.43 Typwrtr Aquatics Not Assignd syntrex Aug. 1985 1,000.00* Laser Printer 435 HP Laserjet Oct. 1986 4,254.68 Laserprintr CityM9r 692 Syntrex Sept 1988 3,739.73 Laser Paper Trays 694-696 Syntrex Oct. 1988 224.64 . . >< .0 'OUl.j..l W ~ Ul ~ W.", ;::l.j..l..-! .j..l I:: Gl U-'" ..-! lJl rcl ~.'" rcl l;.< 0. rcl Gl ;::l .j..l ..-t I:: ~ W -ri rclW'O ~ = Ul rcl W ~ 00 Ul..-!.j..l 0 000 rcl rcl !-I '<1''<1' ~N~ 0. rcl ~ '<I't'- ='00. t'-t'- WI::W .j..lrclUl Ul ><UlW Ul~Q) WOO 00\'<I't'- t'- 0 t'-O t'- W.j..l ~ Gl OOMOOt'- N M N.-i t'- ..c::.", U Eo<~Ul -ri OOOO.-i N '<I' NO 0\ ~ ;::l H '<I'1!10M '<I' 0\ '<I'M 1.0 W..-! 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H .", .", .", I:: ..j..l I:: ~ 0\0'1 H >< ..c:::> III 0 H ~ l-I ~ 0 0\ :>Gl><;::l H .-i.-i H Eo< P.OCJI1< H P. P. P. ::<: .-i HI!:lOOo. . . PRO P 0 S A L FOR C I T Y o F DUB L I N PRESENTED BY: ELSA GONZALEZ, ACCOUNT EXEX:UTIVE THE NATIONWIDE COMPANIES 1010 KAISER ROAD NAPA, CA 94558 TEL: (707) 255-5850 THE __- .. ~ .., ~ ... _. IJ/fI ~1iIT.... _IT - - - -- ------....-.. -.,..,.., .,., .,- -.....,.. .- _ _ _ __ ___ _~ ...,.. JI81IT.. -- _.., .11., ."".,., .~- . . COMAlERCIAL At/C770N SYSTEMS COVPAN/ES October 29, 1993 Mr.Paul S. Rankin Assistant City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: PROPOSAL FOR AUCTION SERVICES OF CITY SURPLUS PROPERTY Dear Mr. Rankin: Thank,you for allowing Nationwide the opportunity to participate in your bidding process. I enj oyed speaking with you about our services at the League of California Cities conference in San Francisco and I am certain that the City would be very pleased with the results obtained from Nationwide. Enclosed is a proposal which should identify the information you requested, as well as other information regarding the scope of our services in detail, but for convenience I have listed the information to your specific questions below: A. The commission rate for services is ten percent (10%) for all City property. Our standard rate is usually broken down into three categories, operating vehicles, non- operating vehicles, and miscellaneous property wi th three different rates 10%, 15% and 20% respectively. All fees are deducted from the proceeds and the net proceeds are paid to the City within ten business days after the sale. B. The Nationwide Companies has been in the auction business for over fifteen years. We have conducted over six hundred auctions between our Southern and Northern California facilities. The Norcal Facility holds auctions the second Saturday of each month. A reference list has been included for your convenience. C. The Nationwide Companies will, upon your request, make arrangements to have jewelry items appraised by a certified appraiser. The fee for this service is on case by case basis and shall be for cost reimbursement. D. The Nationwide Companies will provide transportation at no cost to the City. Northern CA Facility 1010 Kaiser Road Napa, CA 94558 (707) 255-5850 Fax (707) 255-2384 Southern CA Facility 13005 EastTemple P.O. Box 2447 City of Industry, CA 91746 (818) 968-3110 Fax (818) 968-7703 . . Mr. Paul Rankin October 29, 1993 Page Two E. Nationwide engages in a very comprehensive advertising and marketing campaign in advance of each auction. This campaign includes advertisements in major newspapers (San Francisco Chronicle & Examiner, Sacramento Bee, San Jose Mercury News and the Contra Costa Times). Additionally, we prepare and distribute by first class mail at least 10,000 auction brochures to potential buyers on our current mailing list. F. Unless otherwise directed by the City, unclaimed property will be rescheduled and attempted to be sold at the next available auction at no additional cost to the City. I hope that this addresses all of your questions. If you should need any additional information, please feel free to contact me at the Napa Facility. All of us at Nationwide look forward to the opportunity to provide the City of Dublin with our auctioneering services. Thank you once again for the opportunity to participate in the bidding process. @;V Elsa A. Gonzalez Account Executive /eag . . LIST OF REFERENCES C I TIE S CITY OF NAPA 955 SCHOOL ST. NAPA, CAL. 94559-0660 TEL NO. 707-257-9520 MR. FRANK PRIM CITY OF PALO ALTO 3201 E. BAYSHORE PALO ALTO, CA. 94303 TEL NO. 415-496-6945 MR. ALAN SIMPSON CITY OF SAN JOSE 1608 LAS PLUMAS AVE. SAN JOSE, CA 95133 TEL NO. 408-277-4464 MR. STUART DAMEY CITY OF LIVERMORE 2500 RAILROAD AVE. LIVERMORE, CA. 94550 TEL NO. 510-373-5220 MR. PETE ISGANITIS CITY OF WALNUT CREEK 1666 N. MAIN ST. WALNUT CREEK, CA. TEL NO.510-943-5800 MR. TOM CHURCHILL REDWOOD CITY 1400 BROADWAY REDWOOD CITY, CA. 94065 TEL NO. 415-780-7484 MR. LARRY BARWACZ CITY OF SAN MATEO 1961 PACIFIC BLVD. SAN MATEO, CA 94403 TEL NO. 415-377-4647 MR. RICK SANTINO CITY OF SUNNYVALE 650 W. OLIVE AVE. SUNNYVALE, CA 94086 TEL NO. 408-730-7401 MS. ELAINE WESELY C 0 U N TIE S MONTEREY COUNTY 855 E. LAUREL DR., BLD C SALINAS, CA. 93905-1310 TEL NO. 408-755-4990 MR. GEORGE ADRON CONTRA COSTA COUNTY 1801 SHELL MARTINEZ, CA. 94553 TEL NO. 415-646-2123 MR. RICK RANGER SANTA CLARA COUNTY 90 W. YOUNGER SAN JOSE, CA. 95110 TEL NO 408-299-2357 MR. RICHARD SIMON SHASTA COUNTY 1832 BUTTE ST. REDDING, CA. 96001 TEL NO 916-225-5341 MR. ERNEST J. MANDERE, CPM SANTA CRUZ COUNTY 701 OCEAN AVE. SANTA CRUZ, CA. 95060 TEL NO. 408-454-2721 MR. ANDY BREDA/JIM HUMPHRIES NAPA COUNTY 1195 THIRD ST. NAPA, CA. 94558 TEL NO 707-253-4351 MR. WILLIAM BICKLE SOLANO COUNTY 530 CLAY ST. FAIRFIELD, CA. 94533 TEL NO. 707-421-6320 MR. RICHARD SMITH CITY/CTY OF SAN FRANCISCO 2650 GEARY BLVD. SAN FRANCISCO, CA. 94118 TEL NO. 415-923-6352 MR. HENNY LEE . . SONOMA COUNTY 2410 COUNTY CENTER DRIVE, STE. B SANTA ROSA, CA. 95403 TEL NO. 707-527-2433 MR. NORVAL GESHELL MARIN COUNTY P.O. BOX 4055 SAN RAFAEL, CA. 94913 TEL NO. 415-499-7877 MR. GENE WEAVER STATE, COUNTY AGENCIES & UTILITY COMPANIES PACIFIC BELL 2475 B CLOVERDALE AVE CONCORD, CA. 94518 TEL NO. 510-5524-2952 MS. MICHELLE ANDERSON PACIFIC GAS & ELECTRIC 123 MISSION ST RM H-641 SAN FRANCISCO CA. 94106 TEL NO. 415-973-2015 MR. MARILYN VROOMMAN AC TRANSIT 10626 E. 14TH ST. OAKLAND, CA. 94603 TEL NO. 510-577-8835 MR. JOE SILVEIRA OAKLAND HOUSING AUTHORITY 1180 25TH STREET OAKLAND, CA 94601 TEL NO. 510-874-1610 PRIVATE INDUSTRY LEASEPLAN USA 300 INTERSTATE NORTH, STE 400 ATLANTA, GEORGIA 30339 TEL NO. 404-933-9090 MR. JOHN RANCOURT PHH FLEET AMERICA 307 INTERNATIONAL CIRCLE HUNTSVILLE MARYLAND 21030 TEL NO. 301-771-2754 MR. WILLIAM VOWLES AIRBORNE EXPRESS 3101 WESTERN AVENUE SEATTLE, WA. 98121 TEL NO. 206-281-5021 MR. DAN BAILEY CHEVRON USA P.O. BOX 5053, RM LI092 SAN RAMON, CA 94583 TEL NO. 510-842-3152 MR. STEVE BAGBY LAW ENFORCEMENT AGENCIES NAPA SPECIAL INVESTIGATIONS 1700 SECOND STREET NAPA, CA. 94559 TEL NO. 707-253-4458 MR. RON APPEL FAIRFIELD POLICE DEPT 1000 WEBSTER ST. FAIRFIELD, CA 94533 TEL NO. 707-428-7300 MR. GERALD TIGERT SHASTA INTERAGENCY NTF P. O. BOX 991832 REDDING, CA. 96099 TEL NO. 916-225-2930 MR. RICHARD DICKERSON CONTRA COSTA CO. SHERIFF'S 1980 MUIR ROAD MARTINEZ, CA 94553 TEL NO. 510-313-2691 MR. DALE VARADY . . u.s. MARSHALS SERVICE 450 GOLDEN' GATE AVENUE BOX 36056 - RM.20005 SAN FRANCISCO, CA 94102 MR. JAMES E. DIXON TEL NO. 415-556-3930 MARIN CTY SHERIFFS OFFICE HALL OF JUSTICE CIVIC CENTER SAN RAFAEL, CA 94903 MR. ROBERT DOYLE TEL NO. 415-499-7250 STATE UNIVERSITIES,COLLEGES AND SCHOOL DISTRICTS FAIRFIELD UNIFIED SCHOOL DISTRICT 1025 DELAWARE ST. FAIRFIELD, CA. 94533 707-427-7050 ATTN: CECIL BOB COCK CONTRA COSTA CO. SUPT OF SCHOOLS 77 SANTA BARBARA ROAD PLEASANT HILL, CA. 94523 510-942-3418 ATTN: J.E. HENDRICKSON SAN JOSE STATE ONE WASHINGTON SAN JOSE, CA. 408-924-1595 ATTN: ANGELO UNIVERSITY SQUARE 95101 NAPA VALLEY UNIFIED SCHOOL DISTRICT 1340 MENLO AVE 707-253-3452 NAPA, CA. 94558 ATTN: JOHN KREIGER TORRES NAPA VALLEY COLLEGE 2277 NAPA-VALLEJO HWY NAPA, CA. 94558 707-253-3000 ATTN: DAN TER AVEST TRAVIS UNIFIED SCHOOL DISTRICT DE RONDE DR. TRAVIS AFB, CA. 94535 707-437-4604 ATTN: MARK ROTHACKER VALLEJO UNIFIED SCHOOL DISTRICT 211 VALLE VISTA AVE. VALLEJO, CA. 94590 707-644-8921 ATTN: RAY REYES VACAVILLE UNIFIED SCHOOL DISTRICT 751 SCHOOL ST. 707-446-6958 VACAVILLE, CA. 95688 ATTN: TOM MEADOWS BANKS, SAVINGS & LOANS, & OTHER FINANCIAL INSTITUTIONS ALAMEDA FIRST NATIONAL BANK P.O. DRAWER U ALAMEDA, CA. 94501 ATTN: PHYLLIS WHITE 510-769-3316 AMERICAN GENERAL CORP. 3301 KERNER BLVD. STE 250 SAN RAFAEL, CA. 94901 ATTN: PETE EBRIGHT 415-258-9092 BANK OF AMERICA 210 MASON CIRCLE CONCORD, CA. 94520 ATTN: GEORGE WILSON 510-356-5264 CAPITOL THRIFT & LOAN 1424 SECOND ST. NAPA, CA. 94559 ATTN: BOB DEMAR 707-253-2900 . . WESTCORP FINANCIAL 151 N. SUNRISE AVE., #1205 ROSEVILLE, CA. 95661 ATTN: TOM JONES 916-773-3388 MARE ISLAND F.C.U. 536 SANTA CLARA STREET VALLEJO, CA. 94590 ATTN: JEANINE WIDEMANN 707-552-4550 EXT. 823 MARIN PUBLIC EMPLOYEES F.C.U. 30 N. SAN PABLO RD., STE 115 SAN RAFAEL, CA. 94901 ATTN: RICH KUNTZE 415-499-6295 NAPA VALLEY BANK 5 FINANCIAL PLAZA NAPA, CA. 94558 ATTN: GENE GRENACHE 707-255-8300 WATER DISTRICTS MARIN MUNICIPAL WATER DIST 220 HELLEN AVE CORTE MADERA, CA. 94925 ATTN: LONIE ROBERTS 415-924-4600 VALLEJO SANITATION & FLOOD 450 RYDER STREET VALLEJO, CA. 94590 ATTN: J. MICHAEL HOEHN 707-644-8949 NAPA SANITATION P.O. BOX 2480 NAPA, CA. 94558 ATTN: RON ROGERS 707-252-3515 NORTH COAST CO. WATER DIST 2400 FRANCISCO BLVD. PACIFICA, CA. 94044 ATTN: PETE NELSON 415-355-3462 NORTH MARIN CO. WATER DIST. 999 RUSH CREEK PLACE P.O. BOX 146 NOVATO, CA 94948 ATTN: DAVID BENTLY 415-897-4133 NOVATO SANITARY DIST. 500 DAVIDSON ST. NOVATO, CA. 94945 ATTN: DENNIS WELLS 415-892-1694 SOLANO IRRIGATION DIST. 508 ELMIRA RD. VACAVILLE, CA. 95687 ATTN: GEORGE WALKER 707-448-6847 SONOMA CO. WATER AGENCY P.O. BOX 11628 SANTA ROSA, CA. 95406 ATTN: SPENSER RHODES 707-544-2736 (More references available upon request) . . THE NATIONWIDE COMPANIES, COMMERCIAL AUCTION SYSTEMS AUCTION SERVICES AGREEMENT This agreement is entered into this 29th day of October, 1993 by and between the CUY OF DUBLIN, hereinafter referred to as "CITY" and THE NATIONWIDE COMPANIES, hereinafter referred to as .NATIONWIDE. for the purpose of providing auction services for the sale of CITY owned, seized, or lease returned vehicles, boats, trucks or other conveyances, vehicles and/or equipment, and miscellaneous property for which the CITY possesses title herein referred to as 'PROPERTY.. I, DESCRIPTION In consideration of the compensation hereinafter provided in Addendum 'A', NATIONWIDE agrees to conduct a public auction of CITY .PROPERTY., Said auction shall be conducted at NATIONWIDE'S Norcal Facility, 1010 Kaiser Road, Napa, California. In addition, NATIONWIDE has complete auction teams that specialize in conducting on-site auctions, They are available to go anywhere in the State or Nation to conduct an auction. None of the PROPERTY which has been assigned to NATIONWIDE pursuant to this agreement may be sold before the auction without the written consent of both parties, in which case the sale proceeds shall be treated as part of the gross proceeds of the auction. 2. NATIONWIDE'S SCOPE OF WORK In consideration of the commissions from gross sales proceeds of said auction, as specifically described in Addendum "A" hereof, attached hereto and by this reference incorporated herein, NATIONWIDE shall perform the following service in connection with the conducting of said public auction for the CITY: A, Receive and protect all PROPERTY consigned to NATIONWIDE 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 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. E, NATIONWIDE engages in a very comprehensive advertising and marketing campaign in advance of each auction. This campaign includes advertisement in major newspapers in the surrounding metropolitan newspapers, preparing, printing and distributing flyers and brochures on special interest PROPERTY, advertisement in trade journals as well as national and international campaigns when appropriate and mailing of pre-auction brochures as described in Section F, F. Prepare and distribute by first class between 10,000 and 20,000 full color auction brochures to NATIONWIDE'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 CITY. 1 . . 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. The auctioneer will make all sales to the highest bidder at the auction and that all such sales must be for cash, cashier's check, traveler's check, money order or a check guaranteed by a bank letter of credit. I. Experienced cashiers will collect and process all deposits and proceeds. J. Prepare and present to the new owner the necessary documentation to transfer ownership or title, including DMV forms. K, Provide a summary statement, "Final Auction Results", to the CITY accompanied by payment of those gross proceeds of sale owed to CITY no later than ten (10) working days after the 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, L. Vehicles, equipment, etc. will be available for public inspection two days immediately preceding the auction sale date. No other public access will be allowed. NATIONWIDE personnel and security employees will supervise this inspection period. Vehicles are washed prior to inspection days and again immediately before the auction sale. M. The only exception to our non-restrictive bidders policy is firearms sales. Firearms are only sold to federally licensed gun/weapons dealers. N. As requested by CITY, NATIONWIDE can arrange transport of vehicles, other conveyances and property from the CITY'S possession to our auction facility. Such transportation is provided by licensed and insured sub-contractors. The fees for such services are detailed in Addendum A. 0, NATIONWIDE can provide detail service for the PROPERTY prior to the auction sale, Fees for this service are listed on Addendum A and when duly authorized by the CIn, this charge shall be deducted from the auction proceeds. P. As requested by CITY and in compliance with California state laws, NATIONWIDE will arrange for Smog Certificate or statement that a vehicle does not meet smog requirements prior to sale, the cost of which is listed on Addendum A. This charge can be deducted from auction sale proceeds as directed by the CITY. Q. When requested by the CITY, NATIONWIDE can arrange for vehicle, conveyance, or equipment repair and/or reconditioning. NATIONWIDE, upon direction of the CITY, will obtain price quotes and have the service performed only with the written authorization of the CITY, such costs will be deducted from gross sale proceeds. R. NATIONWIDE will at the direction of CITY, cause a professional appraisal to be performed, and obtain an "Actual Cash Value" appraisal and provide a copy of the appraisal report to CITY. The charge for this service is listed in Addendum A attached hereto. 2 . . 3. CITY REQUIREMENTS In the operation of this agreement, CITY shall be responsible for the following: A. CITY 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 NATIONWIDE, 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, trailer and vehicle equipment are submitted at least five (5) days prior to the sale. B. Submit to NATIONWIDE a list of PROPERTY released for sale. It is understood that minor changes in said list may be submitted to NATIONWIDE at any time prior to two (2) weeks in advance of the auction. Notwithstanding the foregoing, the CITY may withdraw PROPERTY from said list upon notice to NATIONWIDE five (5) days prior to the auction. C. Maintain any records considered necessary by the CITY other than those provided by the NATIONWIDE. CITY will also provide NATIONWIDE such additional documents as duties under this AGREEMENT. NA'l'lONWIDE will provide CITY such documents as CITY may request to protect CITY'S rights under the consignment provisions of the Uniform Commercial Code and such other sales- related documentation not included in the reports otherwise provided CITY. 4. NATIONWIDE REQUIREMENTS NATIONWIDE shall conduct said public auction of PROPERTY in accordance with the following requirements: A, Sale will be open to the general public and there will be no fee to participate as a potential buyer (please note the firearms restrictions). B. Sale of such PROPERTY will be made only to the highest responsible bidder. All sales will be in cash, cashier's check, traveler's check, money order or a check guaranteed by a bank letter of credi t. C. Unless otherwise directed by the CITY, unclaimed vehicles and equipment will be rescheduled and attempted to be sold at the next available auction at no additional cost to the CITY. 5. TlfLES CITY 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 CITY or NATIONWIDE as to condition or usability. This disclaimer is contained in auction brochures, incorporated in the Terms and Conditions of Sale and on the sales invoice, 6. NATIONWIDE'S RESPONSIBILITY FOR CITY PROPERTY NATIONWIDE 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. 3 . . 7. INDEPENDENT CONTRACTOR In the performance of the provisions hereof, NATIONWIDE shall be, and have the status of and independent contractor, and shall not be deemed to be an agent or employee of the CITY. NATIONWIDE 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 sale. 8. HOLD HARKLESS NATIONWIDE 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 NATIOIVIDE'S willful or negligent acts, errors or omissions, in performance of its services hereunder. 9. WORKER'S COMPENSATION AND LIABILITY INSORAlCE NATIONWIDE 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 NATIONWIDE'S services performed hereunder. The comprehensive general liability insurance coverage shall include contractual, property damage (including loss of use thereof), and personal injury (including death) coverage and shall not be less than $1,000,000.00 for each occurrence and $1,000,000.00 in the aggregate. The CITY and its officers, agents, employees, and servants shall be the primary insured to the full limits of liability of the policy, and that is 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 NATIONWIDE 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 NATIONWIDE shall comply with the CITY'S Non-discriminatory Employment Practices Provisions and Special Affirmative Action Provision for Supply and Service Contracts, copies of which can be obtained upon request, and are incorporated herein by reference. NATIONWIDE is an equal opportunity employer and maintains strict policies governing alcohol and drug use and all discriminatory practices. 12. TERMINATION This agreement shall continue in force until terminated by either party by giving the other party thirty (30) days written notice in advance of the termination date, 4 . . 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 Addendum "Aft attached hereto and represents the entire Agreement between NATIONWIDE and CITY OF DUBLIN with respect to the sale of CITY PROPERTY. All prior Agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. 15. APPLICABLE LAW This Agreement will be governed by and construed in accordance with the laws of the State of California~ 16. 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, 17. SEVERABILITY If any provision of the AGREEMENT is deemed unenforceable in whole or in part, such provision shall be deemed severable solely to the extent of such unenforceability. 18. 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 served by personal delivery or mail, and shall be deemed to been given when deposited in the United States mail, postage prepaid! and addressed as follows: TO CITY: City of Dublin Attn: Paul Rankin, Assistant City Manager 100 Civic Plaza Dublin! CA 94568 Tel: (510) 833-6650 TO AUCTIONEER: The Nationwide Companies Attn: General Manager 1010 Kaiser Road Napa! CA 94558 ,Tel: (7071 255-5850 5 . 19. SIGNATURES . IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written, CITY OF DUBLIN, a municipal corporation by its :~ NAw:p its ~ f3(WiliVO 6 lDDliDUU 1 . COHPEWS1YION OF AUCTIOUEER FOR CIYY OF DUBLI. AOCTIO. SERVICE AGRHEMEU! . IlflOIUIDE shall be compensated by CIfT in accordance with the follo~ing schedule: 1. COKMISSION (Selling fees): , of Gross Salu Price 1. ~otOi Vehicles and Off Road Vehicles: ................................................... 10\ 2. Non-Running Vehicles & Non-Running Orf Road Vehicles: t I" "1" f f" '" I I f "" If"" '" f"'" f'."'."."",..........,....,... 10% 31 Miscellaneous Property: I f 1'1'11 f' III f" II'" 1"'" II 1""" III" II" 1'1"'" "" I"""" 10% R. TRlRSPORT!TIOK CH!RG~S: 1. Standard Towing: Single Running & Non-Operational Veh~cl~s_ Towing rates are for passenger Cars, ful1-si~e vans & pick~upSj up to one ton. ... ........ ...... ,... ........,.........,.,......,.. $ O.OO/Unit 2. Standard Towing: Running Vehicles. Towing rates are for passenger cars, mini for8iqn pick.ups up to 3/4 ton. ~i~imum of 8 to 10 per transport. ......,...... ...... ......, ...,...,.." ..... ..,... $ D.OO/Unit 3, Lowbed Trailer Service: Construction lachinery, two ton trccks, manlifts, forklifts, backhoes, sweepersj loaders, and the like. Flat bed rates available upon request. ,.......................". ,. $ O.OO/Hour C, D~TAIL SE~VJCES: ....., "'" I""'" f' """ t. I i I' . i. it..... 1.1... I"""'" If'" f' "" I" t If. $ O,OOjUnit D. DK-1DEITIFICATIOR OF CITY OBITS: Process would include removal of City logos, police logos & lettering, and repainting ~f mas as necessary as not to be identifiable as an active police unit..".... $ 50.00/Unit E. ROO' LOGOS AID/OH 1000ERS RBBOY1L: No repainU Il9 invohed . ,.,.,....................,....... " ..... ...............,............ $ 35. OO/Unit F. COftSTROCTI08 EQUIPMERT DE-LOGO: No repa int i ng invo 1 vad . . . . , . . . , , , , .. I . , . , , .. , t . . . I . , . . \ I . . . . . I . . . . . . . . . , , , , , , , f . I t t . I . I . I It. $ 20.00 IUni t G. wuu.____.___________________________ Per Individual Quote on Reque6t REPAIR & RKCO"DITlOnMG sun CIS ....,.............,.................... B. APPR&1 SALS . . I . . . . . . . . . . . . . . . . . I . . . . . . . . I . . . . . . . . . . . I I . . . . . . I I t 1ft' I I I I' Per Individual Quote on Request 1. PAYBWf OF CHARGES: d b CIYY after thirty (30) days, $10.00 per day For a unit "hich is stored, by JAYlOtnl~D! andd r~lov:o b: collected frol! tITY by lIA1l0J\lIDB in cash or e Pf ',Init, retroactlve to the fIrst ay IS . . storag. pv f P10P1R!t for auction 15 prOVIded free to elf!. certIfIed tun1S- storage or