Loading...
HomeMy WebLinkAboutJ.J. KANE ASSOCIATES dba KEN PORTER AUCTIONSINSURANCE ON FILE WORK MAY PROCEED N-2020-067 UNTIL INSURANCE EXPIRES 06 lb 1 /102 a CLERK OF COUNCIL DATE'. QWups sandrq s,Mon ds AGREEMENT TO PROVIDE AUCTION SERVICES THIS AGREEMENT is made and entered into this Ist day of April, 2020 by and between J.J. Kane Associates, Inc. dba Ken Porter Auctions ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor to provide auction services for the disposition of excess City -owned equipment. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement shall not exceed $25,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and and terminate on September 30, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to six months upon a writing executed by the City Page 1 of 8 Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subContractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor snakes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall Page 2 of 8 maintain and shall require its subContractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. Page 3 of 8 (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor 's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed Page 4 of 8 under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Page 5 of 8 Public Works Director City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Gene Govoreau Ken Porter Auctions 4510 Muth Way Jurupa Valley CA 92509 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or Page 6 of 8 granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the tenn of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 7 of 8 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 13-. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Ll`� Gomez Kristine Ridge of the Council City Manager APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney Q By: •/' Afin M. Funk Name: Assistant City Attorney Title: Ll L-1 1lo;A S C';^ ,A bl r I,nA n�47 7" -- RECOMMENDED FOR APPROVAL i h *abilkt Acting Executive Director Public Works Agency Page 8 of 8 EXHIBIT A Ken Porter A U C T 1 0 N 5 .......... . February 12,2020 City of Santa Ana Jon Lopez 215 South Center Street Building A Santa Ana CA 92703 Dear: Jon Lopez, Thankyou for the opportunity to submit a Proposal to assistyou in the disposal of excess vehicles and equipment We are pleased to offer the City of Santa Ana the following quotation: Commissions T_ 121aw nation Cars, SUV's and Pickup Trucks 0 $65vehicle Large Trucks and other vehicles 0 % $95vehfcle Office furniture and Miscellaneous items* 15% $125 trailer De -Logo $0 vehicle Smog/Safety $0 vehicle Drive Cycle (only if required and approved by you) $60 vehicle *The trailer cost is only for drop-off and pick-up. We do not load the trailer on your behalf. We ask that all items loaded be palletized and shrink-wrapped with an inventory list included. There are NO OTHER FEES OR CHARGES to you unless you specifically agree to them prior to any auction. We conduct our auctions on the 3rd Saturday of each month. We will provide you with a 4510 Muth Way, Jurupa Va/ley, CA 92509 Phone: 310-353-7140 • Fax 310-353.5740 www.kenpQrferauctions.co -E.Maii.info@kenparterauctions.com Nn7r•. Ken Porter AUCTIONS detailed summary along with your settlement check within 20 days of the auction. Your permanent records are also available on our website and are accessible by you 24/7/365. J) Kane Associates Inc. dba; Ken Porter Auctions looks forward to the opportunity of meeting and exceeding your auction needs. If you have any further questions, comments, or concerns, please contact the undersigned at (310) 353-7140. 4510 Muth Way, Jurupa Valley, CA 92509 Phone: 310-353-7140 • Fax 310-353-5740 www.kennorterauctions.com • E-mail: Info@kenporterauctions.com -Ken Porter A U C T I O N S AUCTIONEER SERVICES SURPLUS PROPERTY AND VEHICLES SCOPE OF WORK: 1) The Auctioneer will accept and agree to sell at auction all surplus property regardless of type or condition. (Surplus property is defined as any and all office furniture, computers and other miscellaneous items.) 2) The Auctioneer agrees to respond to a request for pick-up within 24 hours of receiving said request. 3) The Auctioneer agrees to bear all costs for transportation. 4) The Auctioneer will assume all liabilities and responsibilities and ownership upon receipt of property and transfer of title. 5) The Auctioneer will provide the Property Control Specialist (hereinafter identified as "PCS") a listing of all vehicles to be auctioned no less than (5) days prior to the scheduled auction date. 6) The Auctioneer agrees to assume the responsibility and cost for all advertising related to the sale of City property. 7) The Auctioneer agrees to provide full documentation of each sale. Including disclosure of lot numbers, the price paid and the date of sale. 4510 Muth Way, Jurupa Valley, CA 92509 Phone: 310-353-7140 - Fax 310-353-5740 www.kenporterauctions.com • E-mall: Info@kenporterauctions.com Ken Porter A U C T I O N S 8) The Auctioneer agrees to return revenue from the sale as well as documentation to the P.C.S. within 15 calendar days. 9) Any and all pick-ups shall be scheduled through the P.C.S. Ora designated appointee. 10) The Auctioneer agrees to inform the M.S. of any mode of sale other than the standard auction, i.e.: internet sale, sealed bid. 11) The Auctioneer agrees to work with the P.C.S. to set a minimum bid on items that the P.C.S. identifies as a high dollar item. 12) In the event that the minimum bid for a vehicle has not been met after 2 auctions, Auctioneer agrees to inform the P.C.S, and discuss lowering the minimum bid. 13) Auctioneer agrees to inform the P.C.S. of any misunderstanding that the auctioneer may have with a bidder regarding City property within 2 business days after said auction. 14) Auctioneer agrees to provide proof of insurance in the following amounts, with the City named as an additional insured before an agreement is issued. General Liability - $1,000,000.00 each occurrence Workers Compensation - Within limits required by the State of California Automobile insurance - $1,000,000.00 combined single limit 4510 Muth Way, Jurupa Valley, CA 92509 Phone: 310-353-7140 • Fax 310-353-5740 www.kenporterauctiotis.coni *E-mail. info@kenporterauctions.com Our History Ken Porter Auctions has delivered "Full -Circle" auction services to Southern California since 1962. We are one of the oldest and most trusted PUBLIC auto auctions in North America, specializing in "Government Agencies" vehicle and equipment disposal. We deliver personalized services to many agencies in a fully "customizable" format. Regardless of what your vehicle remarketing, or miscellaneous disposal needs are, we will deliver. We sell anything from golf carts, cars and trucks, to computers, furniture and office equipment, to yachts, airplanes and helicopters, if you need to convert it to cash, call us. Everyone Is a major customer at Ken Porter Auctions. Whether you need to sell one vehicle or item or hundreds, your business is always important to us Our Services Ken Porter Auctions offer "One Cali Does It All" services for our clients. Were is all you need to do: • Fax, e-mail, or click the mouse and your Consignment Agreement goes directly to KPA or you can enter your date from our website, it's your choice. Your Consignment Agreement will immediately be entered into our system and given to our In -House Transportation Department or you may choose to delivery your vehicle(s) or item(s) directly to us, • All current and historical data will be available to you on our secured website, 24 hours a day, 7 days a week, 365 days of the year. Your vehicle will be sold at the next scheduled KPA auction. A complete and detailed expense breakdown of each vehicle of Item sold will accompany your settlement check. Auctions Live and Online Simultaneously • Online Ability at each of our auction expanding Bidders to over 400,000 Potential Buyers. • Every Ken Porter Auction has the availability for Live Online Auctions, Timed Auctions and Prebidding to Live Events In addition, KPA provides the following: • Large Public and Dealer attendance at each monthly auction. • Large Nationwide Bidder base at our Online Live and Timed Auctions • Dynamic website, receiving more than 1,500,000 visits per year. Convenient access to updated Consignor records via our website. Radio, TV, and Nawspaper:advertising including Bakersfield Californian, Hoy, Orange County Register, San Diego Union Tribune, KNX, Machinery Trader, Truck Paper, just to name a few. • Reconditioning and repair service is available. • COLOR brochures mailed out before each sale, plus e-mail blasts. Title documentation is completed by our In -House DMV Department. "Special" DMV services are also available, + Vehicle storage at NO coast to our clients. Transportation Fleet KPA provides transportation services using company owned and operated Fully California Air Resource Board Compliant transportation vehicles for the pick- up and transport of vehicles, equipment and miscellaneous items. KPA Proposers Qualifications • Ken Porter Auctions is open Monday through Friday, 8:00 am to 5:00 pm and open from 7:00 am to 5:00 pm on the Saturday the auction(s) islare held, • Ken Porter Auctions conducts auctions twice a month; the 15` and 3rd Saturday's, • Ken Porter Auctions has full staff of over 30 employees at the auction location at all times • Fully Air Conditioned, large open waiting area along with Kids area equipped with TV and video games. • Completely Secure Cashiers Area that includes 7 cashiers Windows with bullet proof. Separate title work office area. • Ken Porter Auction is in complete ADA Compliance with indoor and outdoor handicap restrooms and handicap accessible cashier window and title work area and ample Handicap parking. • Ken Porter Auctions holds all proper and valid Department of Motor Vehicles licenses, Seller's Permit from the State Board of Equalization and none of these licenses have ever been revoked, • Ken Porter Auctions complies with California Civil Code, Section 1812.600, • Ken Porter auctions has over 300 auction spaces for vehicles, large and oversized trucks as well as an additional inside storage for vehicles and equipment, • Ken Porter Auctions is connected to the Department of Motor Vehicles database and can provide a check of registration, Vehicle Identification Numbers (VIN), and provide D M V title searches, • Ken Porter Auctions provides a Smog Certificate of Compliance on each vehicle. • Ken Porter Auctions does NOT use any subcontractors related to auction services. 9cAP1 MEM — �rro. a rr \A.u.'.9L5 r4M..T�YbN'I.� r.c. • JJ Kane Associates, Inc, dba Ken Porter Auctions, herein referred to as KPA, proposes to provide the following Auctioneer Services for our Consignors. The main contact person / Project Manager Gene Govoreau Office: (310) 353-7140 Auction Operations Manager Cell: (31 Q) 613-9501 KPA's services are provided as follows: TRANSPORT OF VEHICLES AND/OR SURPLUS ITEMS KPA will provide transportation service for all sale vehicles and or Items from the designated Consignor location to KPA's auction facility. KPA will use company owned vehicles and company drivers. The maximum response time by KPA following a request from the Consignor for such transportation shall be two (2) working days. KPA will assume liability of each vehicle and equipment at the time of pick-up from the Consignor. As each vehicle is received, KPA will verify the vehicle identification number, year, make, model and odometer reading and tether needed information on and Equipment Inspection Report. KPA will decommission each vehicle prior to transport. KPA will be responsible for maintaining each vehicle delivered to the auction site In the same condition as when it was received. In the event that the vehicle is damaged, lost, stolen, or an accident occurs, KPA will either repair the vehicle at no cost to the Consignor or pay the Consignor the value of the vehicle at the time the incident occurred. Miscellaneous items will likewise be logged in upon receipt and receive the same liability coverage as vehicles and equipment. All Items will be picked up nothing will be left behind. Items will then be sorted and if needed grouped to bring the most value. For high Value Items and Jewelry KPA can schedule a special Pickup by Project Manager. Items will then be, if needed sent for appraisal, secured in our on -site safe until sale. As Stated above City staff will be contacted within 24hrs of Consignment notification Pickup will be scheduled within 2 Business mays The City will not be responsible for transporting any property to auction location Depending on the Situation of service call Ken Porter Auctions will make every effort to handle the City's request on a as quickly as possible status in most cases same day or next day KPA maintains and has in-house. access.to.an affiliated vehicle transportation service -that has a fleet of transportation vehicles varying from 1 to 9 unit load capaclty. This provides KPA with the benefit of immediate attention capability and control of pick-up and delivery times. KPA's fleet consists of 27 vehicles. We have four (4) 8 to 9 car haulers, five (5) large equipment transports, two (2) stakebed trucks and sixteen (16) 45 foot trailers for miscellaneous items. Consignor shall provide to KPA its vehicles, trailers, equipment and any other items for auction, in a timely manner to provide for the highest impact on solicitation and presentation through KPA's planned advertising campaign. Consignor will provide a list of property to be auctioned to KPA by fax, e-mail or regular mail as soon as possible. Consignor may make, and can submit, minor changes to said list at any time up to three (3) days prior to and in advance of the auction date. Not withstanding the aforementioned, Consignor may withdraw property from said list upon written notice to KPA three (3) days prior to the auction date. Consignor shall provide to KPA, free and clear title and ownership documentation, if applicable, within a timely manner, to allow KPA to confirm and address any fees, penalties, lien status or other information that may inhibit or negatively affect the anticipated value of the item or vehicle. Consignor agrees to deliver required documentation within three (3) flays of the sale date and acknowledges KPA's right to remove an item or vehicle from the sale should the lack of said documentation be viewed as, critical to transfer or anticipated worth of such. Consignor will maintain any records regarded as important or relative, outside of those delivered by KPA. Consignor will also provide such documents as requested by KPA to assist with compliance of duties set forth in this agreement. KPA will also comply with and provide documentation of such to protect the Consignor's rights under the consignment provisions of the Uniform Commercial Code and other such sales related documentation not included in the reports otherwise provided to the Consignor. Consignor warrants that all titles to property, if applicable, are free and clear of any liens or encumbrances. It is further stipulated that all property shall be sold "As is. Where Is" without any warranty by the Consignor of KPA as to the condition or workability at the time of the sale and that the. buyers have purchased such property based on their own inspection and assessment. Ken Porter Auctions (KPA) will conduct and deliver an advertising campaign based on 49 years of experience to produce the best event exposure and marketing to provide the highest attendance and participation possible. This will Include the production of an effective auction flyer/brochure that is mailed out prior to each auction to current and/or previous customers; advertising in local and regional publications and/or Internet sites, and on our own web site. Additional Advertising into various media for buyer specific items such as aircraft, heavy machinery or other type items will be done to maximize the exposure and buyer base to bring the highest dollar amount to the county. Notably, our advertising exposure can be considerably more than most companies, due to our regular, long-term use of our selected publications. KPA will create and design the auction event flyers/brochures in house using our experienced production team that utilizes state of the art production .equipment. These straightforward, clean, concise, full color mailers featuring available inventory pictures are sent first class to our customer mailing list; Consignor will advise and receive a quantity of these brochures for distribution as they see fit. KPA will maintain and update a KPA web site to promote the sale of Consignor's property and to help attract the widest possible audience. All vehicles listings will be updated daily to generate maximum Interest. The full listing is available at our auction yard and on our web site the Thursday prior to each auction. In addition, all sales will be posted to the www.kenporterauctions.com web site by Monday evening following each sale for Consignor's immediate use. KPA shall ensure and solicit that all property wilt: be available for public inspection two (2) working days immediately preceding the auction sale date. No other public access will be allowed. During the inspection period, KPA`s personnel and security officers will be present to supervise and oversee the viewing process. KPA agrees to wash and clean all vehicles prior to inspection days and immediately prior to auction. Upon request by Consignor, KPA will also provide a vehicle detail service for selected property prior to the auction. §ALES PREPARATION AND FINALIZATION AUCTIQN ,PREPARATION - To prepare Consignor's vehicles for auction, KPA will at the minimum perform the following: - Complete an Equipment Inspection Report on each vehicle; - Wash and vacuum interior and exteriors of vehicles; - Have Smog and Safety tests made as required; - Remove all exempt license plates and return to Consignor - Place AS IS notice and a Lot Number on each vehicle. Miscellaneous items will be sorted into the most saleable tots utilizing KPA's marketing and auction expertise and experience. Consignor's items will be kept in separate lots from others' lots. Then Uploaded to our Website for online and/or Live/Internet auction sales KPA, upon request by Consignor, or by research :of vehicle's DMV status through their in, house State of California DMV research information, will obtain a smog certification test for vehicles requiring such to transfer a title to a new buyer. The fees; if any, for arranging such services will be charged by KPA to the buyer. In the event the car does- not passtheinspection, KPA will provide Consignor with the estimated cost to repair or modify the vehicle to comply for certification. Upon receipt of said estimate, Consignor will either advise KPA to repair or not repair the vehicle to comply. In the event, the repair is not authorized, and the car remains in the auction, KPA will clearly label, announce and stipulate the vehicles current inability to meet the safety or smog certification standards and such vehicles will be sold only to Dealers, Dismantlers or out of state buyers. KPA agrees to provide all needed equipment and devices to conduct and facilitate the event. In addition, KPA will provide all needed personnel to setup/teardown auction equipment, provide all auction related administrative services, marketing, security and miscellaneous services to market and conduct event. KPA agrees to comply, obtain and qualify for any and all local, county, state or federal rules and regulations that may be required to conduct and solicit the event in the State of California, Any applicable event mandates shall include and comply with all dictated provisions that may apply from the Bulk Sales Laws and the like, including any required bond or payment of fees that may be set forth for such, VEHICLE TITR> WORK PROCESSING KPA is a California licensed used car dealer and performs all the required function with its in house staff. Currently, KPA is processing 300 to 350 such transactions per month, Consignor's DMV paperwork will be processed with the other like transactions. Upon receipt of title work from Consignor for vehicles to be sold, KPA will review and prepare the documentation to assure all items are available for a smooth transfer. All associated fees and mandates, such as smog and weight certifications, will be addressed and obtained for the sale. At the sale, KPA will process the DMV paperwork of title transfer to the new buyer's name and then coordinate the filing of the transfer paperwork with the DMV. THgAVCTI0N KPA fully understands and always strives, through all of their events, to obtain and secure the highest final bid amount from an Individual for all items placed on the auction block, All auction houses will acknowledge that their longevity and success is based on bringing the most potential bidders together at an event to create the utmost competitive bidding scenario on each item to provide the highest sale prices for Consignor. We, KPA, are fully confident that our event process, developed from years of experience, will provide Consignor with this comfortable state of mind. KPA conducts live and online vehicle, equipment, as well as miscellaneous timed auctions each month. KPA conducts periodic auctions at either on -site or at a site requested by a consignor. KPA will provide all equipment, materials, accessories and labor required to conduct the sales. This will include obtaining and maintaining all mandated licenses and permits to conduct the events in accordance with all applicable laws. Event site will accommodate all participants' needs in seating, restrooms, and food concessions. The events will be conducted in a secured area with armed security present at all times. Entrance to all events by potential buyers will be conducted at no charge to the Individual. Attendance at KPA's monthly auction events has ranged from 300 to 500 attendees per auction giving KPA an exceptional vehicle to bidder ratio. With the addition of our live online auction our bidder attendance has reached a national to at times worldwide level bringing our consignors assets to a national buyer base, KPA will register potential bidders by completing a form documenting their identity and contact information, In addition, they must acknowledge by signature their understanding of the rules, procedures, the auction process and payment terms. Then, and only then, will a bidder receive their assigned Bidder Card to participate at the event, KPA may also require a Bidder Deposit to ensure potential buyer's ability to fulfill a successful bid. Sales of stipulated property, as set forth in our agreement, shall be made to the highest registered bidder, unless the item has been assigned a minimum selling price, at Consignor's sole discretion. As a licensed California car dealer, KPA will process any and all DMV documentation required to transfer the, ownership or title into the successful buyer's name. Successful bidders will be charged a cash 15% Buyers Premium for each lot. Tax, License, Document and Smog fees (if applicable) will also be added to the sale price. After a bidder is awarded the high bid, they sign an agreement and place a deposit of not less than 25% of the sale price. They then have until 5:00p.m the following business day to complete their payment in full in cash; cashier's check or personal checks when accompanied by a correctly prepared bank "Letter of Guarantee". KPA also has the capability to accommodate major credit cards for bidder convenience, Upon payment for items, the buyer must remove all items by the end of the following business day, unless otherwise approved by KPA. KPA videotapes and/or audio tapes each auction event, recording from a position that will provide a reasonable visual and audio quality for review. In the event any individual or authority should request a viewing of such after the event, KPA shall provide a copy of the videotape to Consignor, immediately upon request, In the event any items are not purchased at a sale, all such items, unless otherwise directed by Consignor, will be retained and re-entered into the next auction event conducted by KPA on behalf of Consignor. This re-entry will be conducted at no cost to Consignor with the same conditions of sale as if entered for the first time. Unless directed by Consignor, the items will continue to rerun if unsold, until sold or termination of this agreement. Misc. Surplus Items of low value will be reran for 1 auction then Consignor will be notified of return or disposal PAYMENT Upon finalization of all transactions of each event, KPA will provide Consignor a detailed summary statement designated as "Final Auction Results'. This statement will be accompanied by a payment of gross proceeds, less applicable sales tax, DMV fees, or any other fees and authorized expenses in compliance with this statement, This detailed report will also include item purchased, item sale price, and buyer name and address and a copy of the Buyer's invoice. This report will be provided to Consignor no later than Twenty (20) workdays after the auction date, KPA states and confirms that it is a licensed auctioneer In possession of a license issued by the California Auctioneer Commission as well as possessing all other licenses as required by State and Local Codes. ONLINE SERVICES Ken Porter Auctions offer "One Call Does It All" services for our clients. Here is all you need to do: • Fax, e-mail, or click the mouse and your Consignment Agreement goes directly to KPA or you can enter your data from our website, it's your choice. Your Consignment Agreement will immediately be entered into our system and given to our In -House Transportation Department or you may choose to delivery your vehicle(s) or item(s) directly to us. • All current and historical data will be available to you on our secured website, 24 hours a day, 7 days a week, 365 days of i DEALERICONSIGNOR I EEN PORTIA. AUCTION SEPYICES YNOUR UPLOAD LIST: Tlb[y� {Yal Yl tNmyv kl irepy,uauMJ blQ•A.�kY Na'9JBNITUS'Y2on WAy ybnblvYb V.T��nn% ..y Sta 4U/Y/GlE0UIT01(wmyoibtaory pisavamlgv"w. UCTON: +AMffWT0= . E01T YENICLC• YEAR MARE I M . VIN/ AEWV@ TM M1.1 ry ewm in " Ckklseb add an Epnb ftb the year. Your vehicle will be sold at the next scheduled KPA auction. A complete and detailed expense breakdown of each vehicle of item sold will accompany your settlement check. Online Auctions: Multiple ways to bid! • I' Live At Ken Porter Auctions Facility • 2"'thru our Partnership with Proxibid expanding Bidders to over 400,000 Potential Buyers. With both Live Webcast and Timed Auctions • Every Ken Porter Auction has the availability for Live Online Auctions, Timed Auctions and Prebidding to Live Events 1g3CAtEgWLLFP 96BFYMEELLOr10EP � a I,.ewclss.aa<.r.r:.s xye {ie Eae. I „ - Vq:EE4Ve0P Eu.:,Q9k ow.Nn:.om+an,e.k,aEYen��gmF y]Y. vr�...an ,EX YM.PmMun MIb.-fAM..V.4R.I.AVFp. ttw. Maep. aND. dEEEI. xAeBE pAl'ef ry ap ROU41%ME..nwe XgMI CUE sm Mn xI $A,200 r•wr-.»a�.. -v Yi,tl.,p01mM Nm:STI o..Ya�,ra.wbYn lEa "w,rc...ln.�a,mam• • �n.�A„a.. Iw /y®F.aeiYn N=N.. mmw.muemo.Evro. NEBIt. MpY�MIEBCEiOpgpEp,EA{pryg "IEE pRY6-men aaaa R a CERTIFICATE ®F LIABILITY INSURANCE ' TE bA02/2712020 Y) ou27/zoza THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE. CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(IGs). must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement On this certificate does not confer rights to the certificate holder in lieu of auch endorsements . PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC, P.O. Box 10266 Birmingham, AL 35202 U.NIAU .NAME.: r @ridgelte Taul PHONE v 604.4.702211 C No),. „tA, -..... E-MAL - ADDRE59. btaul(tgmcgnff COM INSURERS AFPoRDINO COVERAGE NAIC# INSURER A :Lozin ton Insurance Companyy 1.9437 INSURED JJ Kane Associates a Ina, d,b a, Ken Porter ar.Auctinns 1730 Vanderbilt AL Road Birmingham AL3521E INSURER B :Haftford Fire Insurance Cbm an 19882 INSURER a :Tminb011 Insurance Company 27120 INSURER 0:Hartford Cesuel Insurance Gbm sn 29424 INSURER E: INSURER Fr CWVERHWCA GERjiriCAIE NUIVILSEK:SUV2X7OR DCXIIQI KI Aii lanl5eo. THIS IS TO CERTIFY THAT THE. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS$UEI? TO THE INSURED NAMED ABOVE FORTHE POLIOY PERIOD INDICATED: NOTWITHSTANDING ANY. REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH. THIS 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, TR TYPE OF INSURANCE ADD INQ WVD POLICY NUMBER PO IMMIW CY EFF Ppp MMDD CYBX - A X COMMERCIAL GENERAL LIABILITY CIAIMS-MARE OCCUR 0131, 0094 06101/2019 0010112020 .LIMITS RACHOCCURRENCE $ 6,000060 Ea occurrence) $ 3,000,060 .PREMISES MED.EXP.Anondperacn) $ BID PERSONALSADV INJURY �$ 61000,000 GEN'LAGGREGATE X LIMITAPPLIEd PER. POLICY EIPRO❑ JECT- L00 GENERAL AOOREGATE $ 10,000,000 PRODUCTS-COMPIOP ATy`G $ 40,OOD,OQe $ OTHER: B AUTOMOBILE LIABILITY ANY AUTO 21CSES 0$ OBl01/2019 OB701(2Qzq N- MIT NG E a nxltleni U (E )( BODILY INJURY (Par meM) $ OWNED SCHEODIED AUTGa.ONLY AUTOS HIRED AUTOS ONLY X: AUN-OwOS EDNLY BODILY INJURY (Per accident) $ X. A AGE: $ '—'— $ UM13HELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $_ EXCESS UAB CLAIMS-MAE DE0 RETENTION$ WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIEfORIPARTNERIEXECUI'IVE OFFICER/MEMBER EXCLUDED? -PER OTH• 'Y S f Et Q D NIA, 21WNS27900 OS 21XWES27902(AL O,NC) QB(ell2019 00I01/2020 E.L.ACH ACCIDENT $ 1000,000 E.L. DISEASE -.EA EMPLOYEE ----- , .- $ (Mandatory R, ntl d0esc a In under pCRIPTION OF OPERATIONS bolvo _ E.L.. DISEASE . POLICY LIMIT ,1,e0Q,00D .. . $ �i,000,D0Q $ DESCRIPTION OF GPERATIGNS I LOCATIONS (VEHICLES 1ACORq fef,Atlditlanal Remarks Schedule, maybe attached If more space is regained) - City of Santa Ana, officers, agents, employees and volunteers are additional insured under General Uatillity which applies on a i nmdry and nonconlribu[ary boats as written contract, See Notice of Cancellation endorsements attached:` - - -- - REVIEWER & APPROVE op City of Santa Ana Risk Management Division 20 CivC Center Plaza, 4th Floor Santa Ann, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE v 5y%//IWIL/ Page I of 4 01988.201 nn ""I n+n-- .,nn Inns n.n —Io- -f A1`11011 En Altec, Inc. Policy No. 21 WNS27900 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This policy Is subject to the following additional Conditions: If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided to the certificate holder(s) with mailing addresses on file with the agent of record, f"8uch .notice :will :be provided TIit 30 .days of the. Company's receipt of ( certifioate holder(s) information from the agent of If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) Form IH 0310 06 11 on file with the agent of record will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a. certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. © 2011, The Hartford Page 1 of 1