Loading...
HomeMy WebLinkAbout25928rUfKCICIAJINU DATE: 2/24/2010 THlS EXTRACTIS FOR REFERENCE AND INWRMATIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENT DECISIONS MUST = BE GOVERNED BY THE UNDERLYING CONTFUICT. ANY ouEsnoNs MUST INCLUDE THE HERACTNACTNWBER AND BE ADDRESSED r TO THE COUNTYS PURCHASING OFFICE AT 4S7110. CONTRACT NUMBER: P-Os602-C CONTRACT TITLE: Auction Senrioer, CONTRACT PBUOD: 12'112009 thm 6/30/M10 'GWaUEMUnPLE VENDOR NUMBER 00001 5181 1 NAUEI ADDRESS Fr#m, Auction Ca, Cash Auction Co. (Steven J San Sebastian) 853 R Street Fresno, CA 93721 'Agreement does not automatically renew. USING AGENCIES: PuMng, Shenff REPRESDITATIVE: Stem San Sabastian TELEPHONE (559) 4976649 FAX: (559) 497-Xw TERMS: Net 45 Days E-IIAIL: stewjss@sbcgbM.net DELIVERY TERMS: Desb'nalim DELIVERY TIME BWm. C-Shmnan W Khby CONTRACT VALUE: $30.000.00 Maximum LOCATION: BOUIIYORW~AYE CONTRMX NO: REQLllSmON NO3 By Puchasing - 0- ~hnr*: !L rnrn~."" ma*: rnlnot0 O~d~u.tmnt 0~~~ Ma 908 n~d~)n n~ll REPORTS: Nm org: MI SJWs&a W1.518 COMMODITIES. SERVICES OR MAINTENANCE COVERED UNDER THlS ACTION: Auction Services as described in attached agreement at 3096 commission. SPECIAL CONDITIONS FOR WE: Countv of Fresno COUNTY ADMINISTRATIVE OFFICE GENERAL SERVICES ARPl K. APKARIAN DEPUTY DIRECTOR PROCUREMENT AGREEMENT Agreement Number P-09-602-C November 24,2009 Fresno Auction Co. 1 Cash Auction Co. 853 R Street Fresno, CA 93721 The County of Fresno (County) hereby contracts with Fresno Auction Co. 1 Cash Auction Co. (Contractor) to provide auction services for Surplus and Recovered Property in accordance with Request for Proposal No. 998-4022 and the Contractors response thereto, each forgoing document shall be incorporated herein by reference. TERM: This Agreement shall become effective December 1,2009 and shall remain in effect through June 30,2010. CONTRACTORS SERVICES: Contractor shall perform the Auction services as described on page 2 of this agreement. ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DEFAULT: In case of default by Contractor, the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. COMPENSATION: The Contractor agrees to keep accurate records of all monies collected from selling County Surplus and recovered property, and to return the percent of the monies to the County indicated, keeping the commission percent indicated for himself for providing these services. 4525 East Hamilton Avenue / Fresno, Callfomia 93702-4599 / Phone (559) 456-7l10 / Fax (559) 456-7831 Equal Employment Opportunily . Aftinnative Action. Disabled Employer PROCUREMENT AGREEMENT NUMBER: P-09-6024 Fresno Auction Co. I Cash Auction Co. November 24,2009 Page 2 A. Hamilton Surplus Yard Site Weekly Sale (Wednesdays, approximately 3 hrs duration) County Return (70%) Contractor Return (30%) No Buyer Premium All other fees and taxes paid by the buyer. Periodic Weekend Public Auction and Items Removed From Site & Sold at Off Site Auction County Return (70%) Contractor Commission (30%) Advertising and portable toilet rental for Off site Auctions paid by County Additional 10% fee charged to buyer. Credit Card fees included All other fees and taxes paid by the buyer. B. Sheriff Department Recovered Property Sheriff Return (70%) Contractor Commission (30%) Additional 10% fee charged to the buyer. Credit Card fees included All pick-up included in commission rate. All other fees and taxes paid by the buyer. MAXIMUM: In no event shall services performed andlor fees paid under this Agreement be in excess of thirty thousand dollars ($30,000.00). TERMINATION: The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. G:\PUBLIC\CONTRACTS 8 UCTWCTS\C\P-OM02-C FRESNO AUCTION CO. CASH AUCTION CODOC PROCUREMENT AGREEMENT NUMBER: P-09-6024 Fresno Auction Co. I Cash Auction Co. November 24,2009 Page 3 AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses, causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement. INSURANCE: Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability lnsurance with limits of not less than One Million G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-09-6024 FRESNO AUCTION CO. CASH AUCTION CO.DOC PROCUREMENT AGREEMENT NUMBER: P-09-6024 Fresno Auction Co. I Cash Auction Co. November 24,2009 Page 4 Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Purchasing, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed bv Contractor under this Aareement, it is mutuallv understood and aareed that Contractor. including any and all of ~~tractor'sofficers, agents, and employee~will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-09-602-C FRESNO AUCTION CO. CASH AUCTION CO.DOC PROCUREMENT AGREEMENT NUMBER: P-09-6024 Fresno Auction Co. I Cash Auction Co. November 24,2009 Page 5 Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Aareement. the inconsistencv shall be resolved bv aivina ~recedence in the ,- -. following order 2 priority: (I) the text of this~~reement (excluding, County's Request for Quotation No. 998-4022 and the Contractor's Quote in response thereto); (2) the County's Request for Quotation No. 998-4022 and (3) the Contractor's quotation made in response to County's Request for Quotation No. 998-4022. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for your files. Please refer any inquiries in this matter to Shannon W. Kirby, Buyer II, at (559) 456-71 10 or FAX at (559) 456-7831. FOR THE COUNTY OF FRESNO t Kenneth A. Voiza 1 / Purchasing Supervisor 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: //-J~-o 7 G:\PUBLIC\CONTRACTS & EXIRACTS\C\PO9-502-C FRESNO AUCTION CO. CASH AUCTION CO.DOC PROCUREMENT AGREEMENT NUMBER: P-09802-C Fresno Auction Co. I Cash Auction Co. November 24,2009 Page 6 CONTRACTOR TO COMPLETE: Company: Fresno Auction Co. I Cash Auction Co. Type of Entity: Individual Limited Liability Company WSole Proprietorship Limited Liability Partnership , General Partnership K Address 533 CA- Address -Em- City 7372 / State Zip G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-09-602-C FRESNO AUCTION CO. CASH AUCTION CO Om