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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