AUCTION SERVICES AGREEMENT
For
TOWN OF ATHERTON
91 ASHFIELD ROAD
ATHERTON, CA 94027
ATTN: ANTHONY KOCKLER
Submitted by:
FIRST CAPITOL AUCTION INC.
S0 SOLANO AVENUE
VALLEJO, CA 94590
PHONE: (707) 552-0739
FAX: (707) 552-8613
EMAIL: [email protected]
WEB: Istcapitolauction.com
DATE: June 9,2020
AUCTION AGREEMENT
FIRST CAPITOL AUCTION INC., now hereinafter referred to as ("Auctioneer") and the undersigned ("Seller") agree as follows:
• AGENCY. Seller hereby appoints Auctioneer as its agent to conduct a Publi luction of personal property described below. Auctioneer shall be an independen ontractor. Seller authorizes and confers upon Auctioneer the power to take tions on its behalf necessary to complete the auction. Such as accepting cash checks on behalf of Seller in payment for property sold, signing on behalf of Seller as the registered and/or legal owner of any motor vehicles sold to affect a transfer, and satisfying or compromising secured parties who hold or assert a lien on any Property sold at auction.
minimums or reserves.
2. AUCTIONS AND PROPERTY. Auctioneer conducts public auctions approximately six to eight times a year at 50 Solano Avenue, City of Vallejo, State of California.
None of the property may be sold before the auction without the written consent of both parties, in which case the sales proceeds shall be treated as part of the gross proceeds of the auction. All of the Property shall be at the auction at least one week prior to the auction and in the event of a failure of Seller to deliver said Property, or if Seller shall breach this contract, Seller agrees to pay the other costs as provided elow and said commission based on market value of said property. Auctioneer is Ily licensed auto dealer and is bonded with the State of California. Vehicles wi ot be offered at auction unless the Certificates of Ownership and all other document necessary to affect a transfer of title for Motor Vehicles, Trailers and Towabl Property are submitted to Auctioneer at least seven (7) business days prior to the sale. property submitted for auction shall be free and clear of any toxic waste and/o nvironmental hazards. If these items are not environmentally safe, they may incu additional fees or disposal costs.
Auctioneer is in compliance with all State of California environmental requirements as well as in compliance with all current California Air Resource Board (CARB) requirements. For all CARB sales, the seller must identify all non compliant vehicles & equipment to Auctioneer. The seller, as the legal owner, must complete the "VIN Stop Request" form and submit it to CARB. The two (2) pages "Out of State Sales Verification" forms should to be submitted to Auctioneer upon delivery of the vehicle with "Selling Party's Information, Vehicle Information and Engine Information" filled out. Auctioneer will in turn complete the "Purchaser Information" at the time of the sale notifying the buyer the item (s) cannot be registered or operated in the State of California without being retrofitted to meet CARB requirements. Auctioneer will provide seller with copies of the purchaser's information (disclosure statement) and maintain records for three (3) years as required by Section 2449(j) of the California Air Resource Board regulation. All CARB sales are sold "Demand Title." In order to complete the sale Auctioneer must have the original title otherwise the sale cannot be completed. The Auctioneer will submit all forms back to the Seller for their records with payment.
4. COMMISSION AND EXPENSES
A. Commission (Selling Fees)
1. Motor Vehicles and Off Road Vehicles 8.0%
2. Miscellaneous Property (Non-motor or Off Road Vehicles) 20.0%
3. Non running vehicles 8.0%
4. State of California Vehicle Safety Inspection No Charge
5. Smog Service No Charge
6. CARB Administrative Fee No Charge
7. Duplicate Title No Charge
B. Transportation Charges and Other Services (All charges based on full loads)
1. Standard Towing: Running Vehicles (6-8 Vehicles) $85.00/Veh
2. Standard Towing: Non-Op Units. See low bed
3. Iow Bed Trailer Service (Equip/Med to Large Trucks) $85.00/Hr
4. Surplus Personal Property (Miscellaneous) $85.00/Hr
5. Minor De-Logo (no paint) $50.00/Veh
6. Exempt Plates: Processing "P" Plates No Charge
No Charge
7. Storage Fees
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) way to bid at First Capitol Auction Inc.; live, absentee or online warrants that Seller has used no other business name or address other than the names
7. REPRESENTATION AND INDEMNITY BY AUCTIONEER. Auctioneer hereby indemnifies, defends and holds Seller harmless from and against any and all losses, costs, expenses, demands, claims, causes of action and liabilities (including without limitation, reasonable attorney's fees) (collectively "losses and liabilities") related directly or indirectly to, arising out of, or in connection with the performance of services by Auctioneer under this Agreement, caused in whole or in part by the Willful misconduct or any negligent act or omission of the Auctioneer, any subcontractor, anyone directly or indirectly employed by any of them or anyone for hose acts any of them may be liable, except where caused by the active negligence ole negligence, or willful misconduct of Selle
$2,000,000.
8. GENERAL PROVISIONS
Within fifteen (15) banking days after the auction date, Auctioneer shall present a full accounting of the sales proceeds and expenses, and shall, if requested, document the accounting by invoices and/or vouchers. With such accounting, Auctioneer shall present Seller with a check for all monies due from such action unless delayed by legal proceedings or inability of Auctioneer, through no fault of its own, to transfer title or to comply with the Uniform Commercial code or other laws. Auctioneer reserves the right to eliminate fror settlement any property for which payment has not been made and Seller agree to accept responsibility for reclaiming same wherever located. Auction may at their own discretion charge a buyer's premium.
B. In any action brought by either party to enforce the terms of this Contract, ach party shall be bear responsibility for its attorney's fees and all cost egardless of whether one party is determined to be the prevailing part Ce on or dune 1) tis case nyle remote can with the
Consultant shall not engage in unlawful employment discrimination. Such unlawful employment diserimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
First Capitol Auction Inc Town of Atherton
50 Solano Avenue 91 Ashfield Road
Vallejo, Ca 94590 Atherton, CA 94027
By: Calister Draper Mona sli:
By: -
Prin: Calista Draper Print: Mona G. Ebrahimi
( Title: Office manayer Title:City Attorney
Date: 06/09 /2020 Date: June 9, 2020
TS SCOMTSDALE INSURANCE COMPANY® ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF ENDORSEMENT ERECTIVE DATE NAMED INSURED 4GENT NO. (12:01 A.M. STANDARD TIME)
POLICY HUASER
LEES7003E12 100222020 LEIFET CAFTIE 3U576310, INS. LACt THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
With respect to this endorsement, SECTION II—WHO IS a. All work, including materials, parts or equip- AN INSURED is amended to include as an additional in- ment furnished in connection with such work, sured any person or organization whom you are required to on the project (other than service, mainte- add as an additional insured on this policy under a written nance or repairs) to be performed by or on contract, written agreement or written permit which must be: behalf of the additional insured(s) at the loca- tion of the covered operations has been com-
a. Currently in effect or becoming effective during
the term of the policy; and pleted; or
b. Executed prior to the "bodily injury," "property b. That portion of "your work" out of which the in- damage," or "personal and advertising injury." jury or damage arises has been put to its in- tended use by any person or organization
The insurance provided to these additional insureds is lim- other than another contractor or subcontrac- iled as follows: tor engaged in performing operations for a principal as a part of the same project.
1. That person or organization is an additional insured only with respect to lability for "bodily injury," 3. The limits of insurance applicable to the additional "property damage" or "personal and advertising insured are those specified in the written contract, injury caused, in whole or in part, by: written agreement or written permit or in the Decla- a. Your acts or omissions; or rations for this policy, whichever is less. These lim- its of insurance are inclusive of, and not in addition
b. The acts or omissions of those acting on your to, the Limits of Insurance shown in the Declara- behalf. tions for this policy.
A person's or organization's status as an addi- 4. Coverage is not provided for "bodily injury," tonal insured under this endorsement ends when "property damage," or "personal and advertising your operations for that additional insured are injury" arising out of the sole negligence of the completed. additional insured.
2. With respect to the insurance afforded to these
additional insureds, the following exclusions are
added to ltem 2. Exciuslons of SECTION I-
COVERAGES: an architect's, engineer's or surveyor's renderin of or failure to render any professional service:
This insurance does not apply to "bodily injury," including:
"property damage" or "personal and advertising
injury" occurring after:
naludes copyrighted material of ISO Properties. Inc., with ils permission Copyright, ISO Properties, inc., 200‹
GLS-150s (7-06) Page 1 of 2
a. The preparing, approving or falling to prepare written contract specifically requires that this insur- or approve maps, shop drawings, opinions, re- ance be primary. ports, surveys, field orders, change orders c
When this insurance is excess, we will have no du
rawings and specifications; and
ty under SECTION I-COVERAGES to defend the
b. Supervisory, Inspection, architectural or engl-
neering activities.
6. Any coverage provided hereunder will be excess
over any other valid and collectible insurance avail- will undertake lo do so, but we will be entitled to the able to the additional insured whether primary, ex- additional insured's rights against all those other cess. contingent or on any other basis unless a
!.! AUTHORIZED REPRESENTATIVE DATE
Includes copyrighted material of SO Properties, Inc., with its permission Copyright, 18O Properties, Inc., 200.
GLS-150 (7-06) Page 2 of 2
FIRST-3 OP ID: BO
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDYYYY 05/11/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED TRACT River Valley Insurance A560 TAe, No: 707-448-0187 Vacaville CA 95696
River Valley Insurance Assoc
INSURERIS AEFORDING COVERAGE. 11212104
_ INSURERA: Scottsdale Insurance Company.
SURED LIMSURER B: Ohio Security Insurance Co. (453110
INSURER C, Markel Insurance Company 22616
SURER DI
INSURER E:
I INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS TO NOT THAN ANY FERMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WINCH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS XCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM TYPE OF INSURANCE LARS SURE - POLICY NUMBER _ LIMITS
A IX | COMMERCIAL GENERAL LIABILITY 1,000,000
CLAIMS-MADE |X OCCUR CPS7098532 0412120200421202 : 100,000 MED EXP (Any. one person) 5,000
PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE 2,000,000 X POLICY SERF man] LOC PRODUCTS - COMPIOP AGG: S 2,000,000 OTHER:
AUTOMOBILE LIABILITY LEASE SINGLE LIMIT 1,000,000
ANY AUTO BAS57165515 0212712020 02/2712021 BODILY INJURY (Por persen)
QUOR ONLY
X AUTOS ONLY
UMBRELLA LIAB X OCCUR EACH OCCURRENCE 4,000,000
X EXCESS LIAR CLAIMS-MADE CXS0000794 04121/2020/04/2112021 AGGREGATE 4,000,00C DED X RETENTIONS 10000
ANTE 10
MWC000573010 07/01/2020 07/01/2021 EL, EACH ACCIDENT 1,000,000 INIA
LEL. DISEASE - EA EMPLOYEE S 1,000,000
DESCRIPTION OPERATION'S belOW EL. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addlilonal Remarks Schedulo, may ko attached lt more spaos is required) Certificate Holder is named as addtional insured per form GLS-150s (7-06) subject to policy forms and conditions
CERTIFICATE HOLDER CANCELLATION
ACEOEDANCE WITH THE POLICY PROVISIONS.
Town of Atherton
91 Ashfield Road
Atherton, CA 94027 UTHORIZED REPRESENTATIV
ferne Pard.
ACORD 25 (2016/03) © 1983-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD® DATE (MIDDAYYY
CERTIFICATE OF LIABILITY INSURANCE 06/03/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER NAME Bridgette Taul
McGriff Insurance Services, Inc.
P.O. Box 10265 TAC NOT
Birmingham, AL 35202 : [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
INSURER A: Lexington Insurance Company 19437
INSURED INSURER B :Hartford Fire Insurance Company
JJ Kane Associates inc, d.b.a. Ken Porter Auctions 19682 INSURER C :Trumbull Insurance Company 27120
Birmingham, AL 35213 INSURER D :Hartford Casualty Insurance Company 29424 INSURER E:
INSURER F
COVERAGES REVISION NUMBER:
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 REQUIREMENT, TERM OR CONDITION OF ANY
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 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
ADDL SUBR
INSD WYD 01313609 POLICY NUMBER LIMITS
06/01/2021 8/01/202 5,000,000
EACH OCCURRENCE
] CLAIMS-MADE [X] OCCUR PREMISES a courance) 3,000,000
MED EXP (Any one person) . s NA
PERSONAL. & ADV INJURY 5,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 10.000,000 LOC 10,000,000
THER
21CSES27903 06/01/2021 06/01/2022
5.000,000
BODILY INJURY (Por person)
BODILY INJURY (Pur accident)
WTOS ONL PRO NO DAMAGE
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB | CLAIMS-MADE AGGREGATE
DED RETENTION$
21WNS27900 (AOS) 06/01/2021 06/01/2022 X STATUTE T
21XWES27902 (AL,MO,NC) E.L. EACH ACCIDENT 1,000.000
EL. DISEASE -EA EMPLOYEE S 1,000,00
HAS REPO OF OPERATIONS bO E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Aciditional Romarks Schodulo, may be attached If more space is required)
CERTIFICATE HOLDER CANCELLATION
CCORDANCE WITH THE POLICY PROVISION
Atherton Police Department AUTHORIZED REPRESENTATIVE
33 Ashfield Rd
Atherton, CA 94027 Nothin
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD