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Home My WebLink AboutContracts & Agreements_31-1994_CCv0001.pdf Please sign and return one original to: 'CTION AGREEMENT City Clerk' s office second Of A 1994 by and City of Redlands uall.S± P. 0. Box 3005 reinafter referred to as the SELLER, and Champion Redlands, CA 92373 ifter referred to as the AUCTIONEER. ct an auction for the sale of personal property surplus .UCTIONEER is obligated to perform under the terms ,oall pay to the AUCTIONEER a SELLER'S fee of ten percent (10%) of the gross sales of the SELLER'S consigned equipment. (Payment shall be effected from the proceeds of the auction). AUCTIONEER shall provide a check made payable to the SELLER for proceeds of the auction. The check shall be delivered to the SELLER no later than thirty (30) working days after the auction. 2. The duty of the AUCTIONEER shall be to serve as AUCTIONEER and to provide the necessary additional team members to solicit and receive bids on property offered for sale and to award such property to the highest qualified bidder. Also, AUCTIONEER shall perform all other duties in regard to such sales, including but not limited to advertising (except public notice advertising), marketing, cashiering, bookkeeping, clerking, set-up, tagging, inventorying, and other related functions. 3. AUCTIONEER shall be an independent contractor retained by the SELLER for the aforementioned purpose. Employees of the AUCTIONEER shall not be considered for any reason to be employees of the SELLER. 4. It shall be the responsibility of the AUCTIONEER to obtain, at the AUCTIONEER'S expense, all required licenses and permits necessary to perform under this agreement. SELLER warrants clear and legal right to sell all surplus property consigned to AUCTIONEER. SELLER shall provide a listing of all property to the AUCTIONEER, a I Itj 1 0 items copy of which shall be made an integral part of agreement as Exhibit "A . N it-m shall be removed from Exhibit "A" by SELLER without prior written consent of the AUCTIONEER. 5. The AUCTIONEER shall not sell, assign, subcontract, factor, or transfer the Agreement or any of the rights or privileges granted thereby without the prior written consent of the SELLER. 6. The AUCTIONEER shall comply with all Federal, State, and Local safety, environmental, and sanitation laws and regulations. The SELLER maintains responsibility for handling and disposal of all hazardous materials at the SELLER'S expense. The validity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. AUCTION AGREEMENT This agreement dated the second Of An g st 1994 by and between the City of Redlands, hereinafter referred to as the SELLER, and Champion Auctioneers, Inc. (C-2371) hereinafter referred to as the AUCTIONEER. WITNESSETH This agreement is to conduct an auction for the sale of personal property surplus to the SELLER'S needs. 1. For all the services which AUCTIONEER is obligated to perform under the terms of this agreement, the SELLER shall pay to the AUCTIONEER a SELLER'S fee of ten percent (10%) of the gross sales of the SELLER'S consigned equipment. (Payment shall be effected from the proceeds of the auction). AUCTIONEER shall provide a check made payable to the SELLER for proceeds of the auction. The check shall be delivered to the SELLER no tater than thirty (30) working days after the auction. 2. The duty of the AUCTIONEER shall be to serve as AUCTIONEER and to provide the necessary additional team members to solicit and receive bids on property offered for sale and to award such property to the highest qualified bidder. Also, AUCTIONEER shall perform all other duties in regard to such sales, including but not limited to advertising (except public notice advertising), marketing, cashiering, bookkeeping, clerking, set-up, tagging, inventorying, and other related functions. 3. AUCTIONEER shall be an independent contractor retained by the SELLER for the aforementioned purpose. Employees of the AUCTIONEER shall not be considered for any reason to be employees of the SELLER. 4. It shall be the responsibility of the AUCTIONEER to obtain, at the AUCTIONEER'S expense, all required licenses and permits necessary to perform under this agreement. SELLER warrants clear and legal right to sell all surplus property consigned to AUCTIONEER. SELLER shall provide a listing of all property to the AUCTIONEER, a copy of which shall be made an integral part of this agreement as Exhibit "A". No items shall be removed from Exhibit "A" by SELLER without prior written consent of the AUCTIONEER. 6. The AUCTIONEER shall not sell, assign, subcontract, factor, or transfer the Agreement or any of the rights or privileges granted thereby without the prior written consent of the SELLER. 6. The AUCTIONEER shall comply with all Federal, State, and Local safety, environmental, and sanitation laws and regulations. The SELLER maintains responsibility for handling and disposal of all hazardous materials at the SELLER'S expense. The validity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 7. In the case of dispute, the laws of the State of California shall apply. 8. AUCTIONEER agrees that AUCTIONEER will not engage in, or permit subcontractors where applicable, as AUCTIONEER may employ, from engaging in discrimination in employment of persons because of race, color, sex, religion, ancestry or national origin. 9. AUCTIONEER maintains the right, but not the obligation, to charge buyers a buyer's premium or surcharge not to exceed ten percent (10%), the full amount of which AUCTIONEER will be entitled. 10. In the event any legal action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party, in addition to any costs or other relief, be entitled to recover its' reasonable attorneys' fees. IN WITNESS THEREOF, the parties hereto have executed this Agreement this second day of August 1994. BY: 6:7�-S-w- Ini arson TITLE: TITLE: Mayor Champion Auctioneers, Inc. City of Redlands 541 West Rincon P.O. Box 3005 Corona, CA 91720 Redlands, CA 92373 (909)-735-0486 (909)-798-7698 (909)-735-0729 Facsimile (909)-798-7670 Facsimile ATTEST: Louie oyzer,� t 'Clerk CHAMPION AIT O :;,`,.S YEAR ESTABLISHED - 19F,-4 541 WEST RINCON STREET CORONA,CALIFORNIA 5-0486 1735-0729 FACS LE CALIFORNIA STATE AUCTIONEERING COMMISSION LICENSE NUMBER -C2371 AUCTION BONDING COMPANY- MERCHANTS BONDING CO. BOND - CA-130691 GENERAL LIABILITY INSURANCE AMOUNT - $2,000,000.00 CARRIER - ST. PAUL'S FIRE&MARINE INSURANCE COMPANY AG - ALBERT H. WOHLERS & CO. 1444 N. NORTHWEST HWY. PARK RIDGE,IL 60068 PF00602062 FINANCIAL -CHAMPION AUCTIONEERS HAS ACHIEVED PROFITABILITY EACH YEAR OF ITS EXISTENCE AND IS NOW A LONG ESTABLISHED AUCTIONEERING COMPANY. -NO PENDING LITIGATION,BANKRUPTCY, OFFICE CLOSURES OR IMPENDING MERGERS EXIST WHICH MAY IMPEDE CI ANTION AUCTIONEERS FROM SUCCESSFULLY COMPLETING OUR AGREEMENTS. FACILITIES -CHAMPION AUCTIONEERS IS DATED IN A 15,E SQUARE FOOT MODERN TILT-UP TYPE BUILDING, WITH AN ADJOINING 10,000 SQUARE FOOT OUTDOOR SELLING YARD, FROM WFHCH AUCTIONS ARE REGULARLY CONDUCTED. EQUIPMENT -CHAMPION AUCTIONEERS OVENS OR LEASES EQUIPMENT NECESSARY FOR TRUE,FULL SERVICE AUCTIONING AND PROPER CUST07 SERVICE CAPABILITIES. CHAMPION AUCTIONEERS IS FULLY OI TTITTI D WITH TRUCKS, TRAILERS,FORKLIFTS,RACKING AND ALL TYPES OF ITEM SPECIFIC MATERIAL HANDLING EQUIPMENT. COMPUTERS ION AUCTIONEERS PREPARES COMPUTER GENERATED ORTS FOR EACH CONSIGNOR,PROVIDING ITEMIZED DETAILED REPORT FOR EACH AUCTION S . EMPLOYEES -CHAMPION AUCTIONEERS EMPLOYS FULL TIME EXPERIENCED, IN HOUSE PERSONNEL FOR ALL AUCTION FUNCTIONS,ENSURING CHAMPIONS CUSTOMERS W TTII THE BEST POSSIBLE SERVICE. CHAMPION ALT CTIC'.MERS is a full service auctioneering firm. Services avaP-om'e to our customers include: a. Pre-auction publicity includi-Ag flyers,posters,telephone canvassing and newspaper advertising, b. Public viewing of items up for auction- c. Recording of sales., d- Collection of receipts, e. Itemized listing of all sales; f. Post-auction clean up of facility; Display equipment, Material handling equipment; Cleaning-, Proper displaying of items to be sold, Site preparation; Restroom facilities, Portable lighting; Security; Option off-site selling facility-, Transportation of equipment and more. City of Redlands Stores Surplus Items July 1994 Quantity Item Description 3 Clip lights 2 black, 1 metal color 2 Record players 1 in wooden box, 1 in plastic box 1 Television console I Fan box 1 Polaroid camera Old style with flash 2 Air conditioners 1 Window perm.mount&1 portable 1 Television cart 10 Styrofoam chests Box full Christmas lights 1 Blender 17 Day care cots 25 Tables 2 Wood cabinets, with cabby holes 14 Stacking chairs Gold color 1 Copier Ozalid Blueprint 1 Freg. meter Gertsch 1 Sorter stapler 3M 1 Copier and stand Harris 3M #6022 1 Equipment suitcase Sony, brown I Loop detectors and cables With 3 bulbs 1 Meter Instrument Cushman, model C67 Lot Cellular phone equipment Misc. Lot Electronic equipment Misc. Lot Radio parts Misc. Motorola Lot Network processor Misc. Motorola Model 6003 1 Memo Scriber Sanyo TRC 5000KX Printer copier Sharp 250 Printer Okidata 292 Typewriter Smith Corona Ultra Sonic 2 Typewriter IBM Wheel Writer Laminator Burntronics Model 26CG, Serial # 532569 PC Monitors AT&T Fiche Machine Thermal process 475 CG Battery c".arger G.E. for Handy Talkies Duplifiche Developer 3M 262 Camera with stand 3M FS6 Hard drive AT&T Page 2 Laser writer plus printer Apple Typewriter IBM Selectic III Printer NEC Spinwriter 3510 Printer Honeywell NEC Spinwriter 3508 Fisch machine 3M Consultant 114 Copier with stand and toner• Xerox 1025 Room divider with door Blue, shelf and cabinet Room dividers Brown Copier and toner Xerox machine 2020 Electric fly killer Time clock Acroprint Time clock Simplex Modem GVC Super 2400 Office desks Misc. Office chairs Misc. CITY OF REDLANDS EQUIPMENT MAINTENANCE SURPLUS VEHICLES JULY 1994 VIN. # YEAR MODEL MILEAGE SUGGESTED SELLING PRICE SEDANS: 45 1988 OLDS CIERRA-WHT 4-DOOR 76 ,710 $2 , 700 2G3AJ51R7J2315325 55 1986 OLDS CIERRA-BROWN 4-DOOR 65,942 $2, 500 1G3AJ19R5GD448732 6S 1976 DODGE VAN-WHT 6-DOOR 102,235 $1 ,800 2B5WB3115JK102609 5095 1985 CHEV IMPALA-TAIL 4-DOOR 111,650 lGlBL69HOFY156330 5105 1985 CHEV IMPALA-BLUE 4-DOOR 116,101 1G1BL69H6FY156851 5111 1985 CHEV IMPALA-BROWN 4-DOOR 96,062 1G1BL69H7FY182892 528S 1989 CHEV CAPRICE-BLK/WHT 4-DOOR 109,856 $1 ,500 lGlBL5176KR191925 5405 1987 DODGE BLK/WHT 4-DOOR 76,635 $1 ,100 2B3BG26S4HW129622 5445 1987 DODGE BLK/WHT 4-DOOR 62,696 $1 , 100 1B3BG26S1HX754831 5505 1985 DODGE BLK/WHT 4-DOOR 83,470 $1 , 000 1B3BG268FX611193 5511 1987 DODGE BLK/WHT 4-DOOR 80,533 $1 ,100 1B3BG26SOHW129620 5535 1965 DODGE BLK/WHT 4-DOOR 74,889 $1 , 000 1B3BG26S6FX626078 5545 1985 DODGE BLK/WHT 4-DOOR 91 ,105 $1 , 000 1B3BG26S5FX611202 5577 1985 DODGE BLKJ T 4-DOOR 79,592 $1 , 000 1B3BG26S9FX611204 5765 1987 DODGE BLACK 4-DOOR 71 ,436 IB3BG26S5HX754833 57755 1987 DODGE BLK 4-DO=)R 93,817 IB3BG2654HW129619 6205 1986 OLDS CIERRA TAN 4-DOOR 117,025 $1 ,800 IG3AJ19R5GD389908 Zd'I LCL f+ n=s c.=aat uwv e'usa�wuA.e� i'2E7,1 LJ:IY 9105 1987 OLDS DELTA 88-WHT 4-DOOR 69, 172 $2,400 1G3HN5137HW305577 SMALL VEHICLES: 7415 1966 HOMEMADE TRAILER DR933119T 1655 1986 CUSHMAN SCOOTER 1CUNH2224GL007230 1665 1986 CUSHMAN SCOOTER H0706 $ 300 1CUNH1227GLU01573 5685 1981 CUSHMAN SCOOTER H1194 $ 500 549681 8825 1987 CUSHMAN SCOOTER H3626 $ 300 1CUMH222XHL404698 MID-SIZE VEHICLES: 6295 1953 JEEP $1 ,200 44860 7615 1986 CHEV 5-10 PICK UP 114,782 $2, 000 1GCC514R8G8193161 7635 1986 CHEV 5-10 PICK UP 85, 304 $2, 000 1GCCS14R1G8198167 HEAVY DUTY EQUIPMENT: 4325 1975 INT'L TACK TRUCK 52, 325 $2, 500 D1032FCA11090 593 1974 INT'L STEP VAN 54, 650 $1 ,700 58639HKM7313W 7355 1985 ARROW HAMMER 268 H.R. $ HJR1250626 ACCIDENT DAMAGED VEHICLES: 41.75 1987 CHEV 5-10-WHT 4€3,759 $ €300 1GCCS14R4H8136487 9185 1983 U261 CHEV 3/4 TON 79, 529 $1 , 000 IGGCGC35JXDJ156485 DOC: A.6H