1994-170-Execute An Agreement With Roger Ernst & Associates Inc. To Conduct The Town Public Auction Of Surplus And Unclaimed PropertyRESOLUTION 1994 - 170
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AN AGREEMENT WITH ROGER ERNST & ASSOCIATES INC.
TO CONDUCT THE TOWN PUBLIC AUCTION
OF SURPLUS AND UNCLAIMED PROPERTY
WHEREAS, the Town wishes to enter into an agreement with Roger Ernst &
Associates Inc. for public auction services'
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Los Gatos that the Town Manager is authorized to execute the agreement with Roger
Ernst & Associates Inc. to provide public auction services for surplus and unclaimed
property in the form attached as Exhibit "A"
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of December, 1994, by the following vote:
COUNCIL MEMBERS
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF , & GATOS
LOS GATOS, CALIFORNIA
Gte�i►T►�iY
rL"NN CLERK
AGR:- 2±, % n!L
iww:
REW- 1L- /70
Rio:
IT IS HEREBY MUTUALLY AGREED between ERNST & ASSOCIATES and THE
TOWN OF LOS GATOS that the property on the inventory sheet attached hereto at
Exhibit A be sold by ERNST & ASSOCIATES by subject to the
following conditions and assurances.
1. The Town represents that all such property is free of mortgages and encumbrances.
2. Ernst & Associates shall conduct the sale, perform a written accounting of the sale,
complete all necessary documents for transfer of title to the property, and pay all costs
associated with the sale, including transportation of the property to the sale site and
advertising.
3. The proceeds from the sale shall be delivered to the Town within thirty (30) days of
the sale.
4. Ernst & Associates shall deduct from the sale proceeds the following amounts as full
compensation for its services under this Agreement:
a. Ten percent (10 %) on all vehicles and rolling stock.
b. Twenty-five percent (25 %) on all other items offered for sale.
5. Ernst & Associates shall comply with the notice requirements of Government Code
§ 25363 prior to auction at a minimum.
6. Notices required hereunder shall be given as follows:
To Ernst & Associates:
To Town of Los Gatos:
Insurance.
A. Minimum Scope of Insurance:
Ernst & Associates
P.O. Box 3251
Modesto, CA 95353
Chief of Police
Los Gatos Police Department
P.O. Box 973
Los Gatos, CA 95031
i. Ernst & Associates to provide Town of Los Gatos with a Certificate of Liability
Insurance for $1,000,000.00 for any auction related business.
ii. Ernst & Associates shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Ernst & Associates agrees that all
Ernst & Associates
Auction Agreement
Page 2
certificates and endorsements are to be received and approved by the Town before
work commences.
iii. Ernst & Associates shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Certificates of such insurance shall be
filed with the Town on or before commencement of performance of this agreement
and a copy of insurance policy shall be attached as Exhibit "A ".
B. General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on behalf of
Ernst & Associates; products and completed operations of Ernst & Associates,
premises owned or used by Ernst & Associates.
ii. Ernst & Associates's insurance coverage shall be primary insurance as respects the
Town, its officers, officials, employees and volunteers. Any insurance or self -
insurances maintained by the Town, its officers, officials, employees or volunteers
shall be excess of Ernst 7 Associates's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Town, its officers, officials, employees or volunteers.
iv. Ernst & Associates's insurance shall apply separately to each insured against whom
a claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to the Town. Current certification of such insurance shall be kept on file at all times
during the term of this agreement with the Town Clerk. Failure to renew insurance each year
renders this contract null and void.
Indemnification. Ernst & Associates shall save, keep and hold harmless indemnify and
defend the Town its officers, agent, employees and volunteers from all damages, costs or
expenses in law or equity that may at any time arise or be set up because of damages to
property or personal injury received by reason of or in the course of performing work which
may be occasioned by a willful or negligent act or omissions of Ernst & Associates, or any
of Ernst & Associates's employees, or any subconsultant. The Town will not be held liable
for any accident, loss or damage to the work prior to its completion and acceptance.
Ernst & Associates
Auction Agreement
Page 3
Ernst & Associates shall at a minimum comply with the notice requirements of Government
Code 25363 prior to auction.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day of .19—.
TOWN OF LOS GATOS
E
David W. Knapp
Town Manager
APPROVED AS TO FORM:
Uz
ERNST & ASSOCIATES
Owner
ATTEST:
LARRY ANDERSON MARIAN COSGROVE
Town Attorney Town Clerk, Town of Los Gatos
Auctioneer License #278
California Auctioneer Commission
P.O. Box 511
Sacramento, CA. 95803
NASHARSAUCTION.CON