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CC Resolution 9197 . ,.. .. . RESOLUTION NO. 9197 RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO APPROVE AND EXECUTE AN AGREEMENT FOR AUCTION SERVICES WHEREAS, the Police Department is required to periodically dispose of seized, unclaimed, and surplus City property; WHEREAS, an agreement with Roger Ernst & Associates would provide services for cost-efficient disposal of such property; WHEREAS, the City Council of the City of Campbell has been presented with a request from staff to permit the Chief of Police to approve and execute an auction agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Chief of Police be authorized to approve and execute an agreement for auction services with Roger Ernst & Associates providing the provisions of CMC 3.20.080 are also met. PASSED AND ADOPTED this 18th day of February , 1997, by the following roll call vote: AYES: Councilmembers: Dougherty, Watson, Dean, Furtado, Conant NOES: Councilmembers: None ABSENT: Councilmembers: None .~ Barbara D. Conant, Mayor A~ Anne Bybee, City Clerk ,~ft . ~ - .~ r\r ~ -,*.-~.. .~ ERNST .~ ;\ ,-. ,,-' ..- ;'-'!1 "l""'i~ ~ Of. J-. ~ ~ '~i-,;~ ~ J:.:; ) l'~ lc--~r;~i1b:=RS ..r~ '-" . J ~ .,:-.- ij .I 1!- - ~ A N AGREEMENT (S U R P L U S PRO PER T V) IT IS HEREBY mutually agreed between ERNST & ASSOCIATES (P.O. Box 3251, Modesto, Ca. 95353) and the CAMPBELL POLICE DEPARTMENT (70 North First Street, Campbell, CA. 95008) that the following property be sold at Public Auction at a date to be determined by both parties. Owner alleges that all property is free of mortgage or encumbered as follows: ALL FREE AND CLEAR. Description of said property: See inventory sheet to be filled out at time of release of property to Ernst & Associates. Ernst & Associates to conduct the sale for which the owner agrees to pay a sum equal to 10% (ten percent) on all vehicles and rolling stock and 25% (twenty- five percent) on all tangible items offered for sale, to be deducted from the sale proceeds. Ernst & Associates to absorb all costs of sale to include transporting of items for sale (excluding large pieces of heavy equipment) to sale site, advertising-newspaper and direct mail flyers. Total proceeds to be delivered within 15 banking days of sale. Ernst & Associates to provide the Campbell Police Department a Certificate of Liability Insurance for $1,000,000 for any auction related business. Ernst & Associates shall indemnify and save harmless the City of Campbell, its boards, commissions, officers, employees and agents from any and all claims, suits or actions of every name, arbitration proceedings, rulings and determinations in connection with, or arising out of Ernst & Associates' willful or negligent acts, errors or omissions, in performance of its services hereunder. Ernst & Associates shall maintain in full force a fidelity bond in the amount of $20,000. Ernst and Associates shall maintain records of the City of Campbell property received and disposed for a period of three years, and shall permit inspection of these records by the City of Campbell upon receipt of a request to do so at least 48 hours in advance of inspection. AGENCY ERNST AND ASSOCIATES DATE DATE Auctioneer License #C2696 P.O. Box 3251 . Modesto, CA 95353 . (209) 527-7399 . FAX (209) 545-1458