HomeMy WebLinkAboutPROPERTYBUREAU ONLINE - CONTRACT - CONTRACT - PROPERTY BUREAUSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and PROPERTY BUREAU, hereinafter referred to as "Service Provider".
WITN— ESSETH_
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1 . Scope of Services The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and
incorporated herein by this reference.
2. Contract Period, This Agreement shall commence upon the date of execution shown
on the signature page of this Agreement and shall continue in full force and effect for one (1) year,
unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement
may be extended for an additional period of one (1) year at the rates provided with written notice to
the Service Provider mailed no later than ninety (90) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
SA 10/01
1
EXHIBIT C
COST BREAKDOWN
1. The total amount paid by the purchaser shall be called the "Sales Price". The
Sales Price shall include the winning bid amount (the "Winning Bid") and all
costs, shipping and handling charges, taxes, and insurance costs associated with
the transaction and paid by the purchaser.
2. For each item of Property, Owner (i.e., the City of Fort Collins) will be credited
with 50% of the first $1,000 of the Winning Bid and 75% of the portion, if any, of
the Winning Bid that exceeds $1,000. From this amount, the owner's pro rata
share of the transaction fees, if any, assessed by the credit card processor ("Credit
Card Costs") will be deducted.
3. Credit Card Costs will be borne by Owner and PropertyBureau in proportion to
the percentage of the revenue credited to the parties for each underlying
transaction.
4. Amounts received by the Owner will be called "Owner's Net Proceeds".
The following example illustrates how proceeds of a sale are to be allocated. Assume
an item of Property sells at auction for a Winning Bid of $100; the buyer pays
shipping and handling of $10, insurance of $2, and sales tax of $6. The buyer pays the
Sales Price of $1 18.00 by credit card, and the Credit Card Costs are 2% of the Sales
Price. The Credit Card Cost is therefore $2.36 ($118 x .02). The Owner and
PropertyBureau each share 50% of the underlying Winning Bid, therefore Credit Card
Costs are also shared equally ($1.18 each). The Owner's Net Proceeds are $48.82
($50.00 less $1.18),
EXHIBIT D
PROPERTY MANIFEST FORM (see attached)
Attached is a copy of the Property Manifest Fonn in electronic format. City of Fort
Collins Police Services will fill out the forni electronically, and submit it to City of Port
Collins Purchasing Division for review and approval. The hard -copy Fonn will be signed
and returned to Police Services before product is to be picked up by PropertyBureau.
NOTE: PropertyBureau is not to accept product from the City of Fort Collins for
pickup without Purchasing Department signature on the Property Manifest Form,
authorizing product release.
Property Manifest
Name or Department: NAME OR DEPARTMENT
Pickup Address: STREET ADDRESS
CITY, STATE ZIPCODE
i
Date:
Page Number.
Line
#
Qty.
Description
Serial #
Your Reference Numbers(company
PB SKU
use only)
Manifest Detail Verified: Received From:
[]At Pick Up
❑ At Processing Center Driver Acceptance:
(PB Count Final; discrepancies will be reported promptly).
ID Check Required ❑ ID Checked ❑
PURCHASING DEPT. SIGNATURE REQUIRED TO AUTHORIZE PRODUCT RELEASE:
Property
Bureau
Agency Information Designation: 0219
SALES iNFORMATION:
AGENCY: Fort Collins Police Department
CONTACT: Katrin Bonham
ADDRESS: 300 Laporte Ave
CITY: Fort Collins STATE: CO ZIP: 80521
PHONE: (970) 221-6835 FAX: (970)
EMAIL:
ACCOUNTING INFORMATION:
CHECK MADE OUT TO: Fort Collins Police Department
PROCEEDS ALLOCATION: GENERAL FUND, YES/NO
ADDRESS: 300 Laporte Ave, Fort Collins, CO 80521
CONTACTS TO RECEIVE REPORTS:
1. Katrin Bonham EMAIL:
2. Ed Bonnette EMAIL: ebonnette@fcgov.com
3. EMAIL:
DISTRIBUTION INFORMATION:
PROPERTY ROOM CONTACT: Katrin Bonham
ADDRESS: See Above PHONE: (970) 221-6835
FAX:( ) EMAIL:
FIRST PICK UP DATE:
PICK UP INTERVALS: NUMBER OF ITEMS:
NUMBER OF PICKUP LOCATIONS: ( ) SQUARE FEET:
DISPOSITION OF NON -SALEABLE ITEMS: DONATE- YES /NO
DESTROY- YES/NO
RETURN- YES/NO
PROPERTY BUREAU/AGENCY MANIFEST: YES/NO
IT INFORMATION:
URL NUMBER: httpi/ifegov.com/police
CONTRACT SIGNED BY: James O'Neill TITLE: Director of
Purchasing
RENEWAL DATE:
ACORD CERTIFICATE OF LIABILITY INSURANCE DAIS `YMIDDM YY)
9/12911003
THIS E T1 IC ISSUED AS A NWTTE Of NFORMU►TION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lyidy kilt Company - License 11OC36891 ALTER THE COVERAGE AFFODOES RDED NO THE FEND,POLICIES EXTEND
OR
11300 West Olympic SM.
Sub 910 µA3C tY
INSURERS AFFORDING COVERAGE
INSURED PROPERTYBUREAU.COM
do Reed Huy
3551 Camino Miu Cost&, Sulte
San Clemente CA 92672
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PUUCT rtmUU INUI. dcv. ,..C,..,,. ,
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
POUCIES. AGGREGATE LIMITS SNOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER
wY Ex
LIMITS
A
GENERAL LIAwLRY
X COMMERCIALGENERALLIABILITY
IMS MADE O OCCUR
CLAW
2CF5561
0112712003
0112712004
EACH OCCURRENCE
$1 DOD 000
.�.eon.+v.
5000
MEO EXP M oM usan
1 ON
PERSONAL S ADV INJURY
S 1000 000
GENERAL AGGREGATE
S 21=m
GEITL AGGREGATE LIMIT APPLIES PER:
X POLICY PR LOC
PRODUCTS. COMPJOP AGO
S INCLUDED
B
AUTOMOBILE
LL40UTY
ANYAUTO
ALL OV&W AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OVMED AUTOS
1 vehicle only
019626090
1212712W2
12/2712003
-
COMBINED SINGLE LIMIT
(Eaaoddwn)
$ 1,000,000
BODILY INJURY
(Fw Foram)
S
X
BODILY INJURY
(P.r aadArd)
S
PROPERTY DAMAGE
F
OAAAOE LIABILITY
ANY AUTO
AUTO ONLY -EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY•. AGO
S
EXCIESSIUMBRELLA LIABILITY
OCCUR CLAIUS MADE
DEDUCTIBLE
RETENTION S
EACH OCCURRENCE
s
AGGREGATE
S
s
S
S
WORKERS COMPENSATION AND
Inammynns, LLAa1LJTY
ANY PROPRMTOPJPARTNERIEXECUTNE
OFFICM MEMBER EXCLUDEDI
S tlMrnW r
VWC, TA?U_$ OTH
E.L EACH ACCIDENT
EL. DISEASE• EA EMPLOYEE
s
E.L. DISEASE - POLICY LIMIT
S
OTHER
DSfCgN+TION OF OPERATIONS f LOCATIONS I VONCLES / EXCLUSIONS ADDED BY ENOWAEMENT1 SPECIAL PROVISIONS
J
CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED AS RESPECTS TO GENERAL. L" LRY COVERAGE RE: CERTIFICATE ADMINISTRATORJtREEF
'Ezce 10 da for non of mnlum
CIO MARSH RISK AND INSURANCE SERVICES
1. Box 1 Jim
FRANCISCO, CA 9011.Wo. .
SHOULD ANYOF THEASOW DESCM60 POLICIES 99 CANCELLED SEPORE THE UPMTK
DATE jMWF, THE IeWING INSURER FALL ENDEAVOR TO MAIL *30 DAYS WRrm
NOTICE TO THE CERAFIGTE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SM
IMPOSE NO OBLIOATRNI OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS 4
t. D
l l
A��N�
j /t,� a y111 f /fir 4l}S�Q r CYMq�pF""""+1
r/
Y 7
.�+ I)k•. 1'f!• pie^r
i/'" w ,. ' l '".'f TQ� aiO�Y+ I ynJ 'i / ;X'Y'yl%r',N(�r� t� ( 'n Its V ;� ~, �-...1 F� a �\1 r:f•
i r' r N: /1•V �%�/SA/n ` r , • < '�! '• {` �.
PAU� y,. IyUM9
L r M
}' ;'CERTIFt �R 1
' C CATS'
ERi/FICAT T�2"1Q0 n _
E>(PIRtc$ Qa'i
F, SG PR03 92 200 74' 1 ri r
t2491,oy 2 a`
p Ss 'Iidr/ tC
` 1 �' I. �^ ' L !•R' }n v�Tl �_' i � •1) 1 14�'.�� � !) .a 1
•�} fJ
+ ZI hl K 1 r+ ll " ,, �♦ AS 4'OI AA r T
r I(gfnlaq�J-�erU/y tr,�a�+'�'A ha1'etNe r ��S
his
y Tt1!i PWi p t , DYet flA7, QA^iaq S t z
Qn 1 b a 1 /4,
z r rRR ?44J@AS fo d Rt! t d be1QY• JAf thnsuf ance Agll a * 3 Y ` s '
IIIrt�y'(1'Iflt� :. / ,.�.•� a iy',.o11cY Ppr3Y,ln t� 7fiJfrll / r 1 _ S, 1.
), s r. Wd RePt' d IndlPgfe oPAfs?Vad p
+ ` r.: ':Ai , .•i1 �*IY x i'ri It r& tlottce,- c >i>. YlFII9dVi11Cfl War 1 1 -: fti r / ;(}o r, �)'. �' r,/• 4
,,�< F2jf �hPt/Iq r 1 t. ufrl nq z t
b $ G4fUfliatAlyi u»:utate la q. r : �' h� Rolf bQ c
Y the RR ha4s IStOd fjerglp;Noh tnSUrpte q1 nY'Y �Cel(@d Rrrpf t0.1 ^"1r 1 r70Ye y4 '; j
Wlth res gCt o WhICh..thlS Certtfl dlnA, Y, D hC>i DAtjpl4i d@SFrl'r hefen 1 u rrlrf3g eDAyy�ff 4fl4 n t
«r;y i p �p the m " TybNpOss jQfm QQf�Tten� 9xtend
1 ) :�5 SAO ' i '' \ r r"'" 1 '1 `e%{t•'I11S) ued pf ma Qndltigq F1 vr'--alter
,j M1f�N� Fi ; c tAnx. Snl�r? afl�7.".CgndltlOfl�l�� f7�anytfact.-OQ 0 hoe-plfpfdodr
' 1 1�yp �II�b'�: �rpp IIIA' s+ / S pl y4CA ❑ r'6 8#i dQCum Ir it v .n
r+A`�7F AQ'ft�l.+!' A I a (�° `. 1 r `r c411(,'le gfd�p' b Bntr fr
Gs r J I Y.rh .,�
tt � F,G�`F 'I�ItI' :_. r ` �{t /� /" :. I r �r uMry I �,a
(f j 1 t'V i(G, �a, D` t 1( 7 s: 'i •fl/�tYlir�� - , 1 1 < \ sYT �:
i ,•- 7h .* ,a1 1 F I ;•� C_r'ter ^} �t-.r:'n..r �� /• " n rff r 'a + u� 7 ,
r� E�M/��/IO:OYpElyjI+S,r;��/ /�s1µ�p�I�tr1F lyfiZ,M�AT•�=ih� (�K�•r� �E'/•ti, 1 "4 1{ 5 RAE,�it{?FAtT r r �'! ��7� , I 1 r i r e M l .'.r ,r�3� j 'a`,.}'I /`
�Dy�RSFmeN,r�Mry)/£I �i J� ; JI F I i S' tl'7•F q ( A ' JA < .c ( r/_
`w!RY7 A Q T! P ^ 1'•�!] A Df`�"!. Fit'
� `—'• Y o 1 I Q a 1'F r:. � i i' 1 M � � Jrn —Y ti / 1 � � .. f4 t
{ Y, .•� n Y i - D f ' �M>�.S fa �M�JY (R� p a p4a M(:�/ppq�lrr. f ? r..� �'v IM 1 r, y,n •'Jy l'
TT TFt`E�TdV .M.r T,•'J11�"M1�e" 7 tiP qri!'., d / 3
�,�n ,i �, r • NfYfir '" I}. 15./ i I. _, a •x.�Q4"'Z443
)1� ♦-ir/a ,1.w, 4 c 1 cr+ 1 „ [. , r -'r A "DJ.i
° ke• �, `id ( .. <�� '�'� taT"rA ,,
J It. V.
11�M�yyry��`�T�II rFeyl �¢'tei�.l �"j Q-�•� �l��r�t•'L!r (� br ,if r 11 jE �I r( \ ' I 1'S1( 4 A _- Try { a :..f1 g(e i j.}:}5 Yl I ,• ��' .
1.. ,I,,:,y F•Iv'f
1 r : ^ir 1 S ♦� y'r J .I I. t 7 1 W 4 r i+ td1 7 �1 it '-", arT) Da ,-:yn.i,
y 11 H .jA.. }.1t , 1 } 'M, i(n + J.t, yI1 v ( j •r � , � r
C `�1`I t Y'��3rh(� 1 (-y/,'DR-yn (('4 /I.1M1�[�(� lM1 'J•�4' �K � h. 11 r / I I f: / i �, ((SN rrtl
^ y 114y� ;ir "A♦ T'44�{(•}�I'�;:T�,Y5 Yri��r�./+O�, M'4D/ i I+ 1% 1-' r r �1 '.11 ' 'r ',S 1,� r,[` /T „r�,h.41 �y
(Jr 1 'J
iCVNMY.T'YYt }iV°1 si,h rw7V�f '1 31.r ",., �' 41 .a,.,• 1 7 ry •.( 'rY �1r r'+�Y/.�'�.'[^J!''""'n'Tr .��.i '�
t t5r e x /se �r ,Iry }'9�
1!I, I I -.4 i ) - r ^w•ryts r d r A, r. 1 7, r l ,
4 r /1 ,
I .lrJ�rn Xa� i :-�
1 \ t 'Z I rl 'h' 1rF.f i$ A.�''�! *S' i 1 " .rl.b!ti• '4r.i'P A , / � /• P'r T Il 1 1f I Jfw l S)
i T r a ,} ,i!<. +k i° 8' *, a N`1't,'4 Y 3/ t ) >+ '{ J .1 a n t d,t. J .�� u^ .,e�.T� 1 J �` i ' f YT�'t.• -t /
1,{T3 y t It"kxl J Mi ```s D ,%3 1�1 1 ii. r i ��r f r +1 I" 4.1 ) 1 f �':J I ' K J ♦ Tir'1 ^a swgp: ► ` t ` 1.1 1`
y t }J•i...M1.Y f+"'.k J'*h i w�,yrK (,{!1T}�71'.�y it l,.1 :talV°t t'C .,b "r , Dy 11R if'1 r.\ �) I:C,L'r a 11Y�As•r
ii � • v r"2' •.S t, � 1 J+ 1 �ir r k � v at n l� t R I I R1�1 T � ���K i5y'1 ( '
'tr'a.!`• yr 7wr'�y >r+ '' A , 1'a y sH'{ 11t ♦. 7} y 7 7 / c D dor'LJw1 � ':�'! 1y. .1i1^ ar �
Y- A •t y1 }1dj Y �iY � IG. 1�t yiYia ,� �(J�llla J1 I.), li, �..1 x \ +. IYi� y, a� rti sf t` tr'l��'h r.1J If�J� W } sir/.
'..D"'qD � •.iar ' !'•f wt ` Ju{ if M ' RI k. 1 ., 1 a )it ?�,{! '1: 3.4+�'L' { .�
y b:.l ��.�r. � ^ .Y .. Y'�'f3 ♦.rMl ^�"1, �:1 �{E'f_�.: .. ..t c.l, r Y .. 1,.� ,.'. ''�. T.4 ."5' tn'� 1..^�'�: �i .fik_i^l+i. rr.. ../Y• w' 1 � . , Y.L.: dd ..I /
y. r �: •Ir K]r s .i'n.tf�iy"�r �y Twlr i. ,,
1 ) i ' t�+iFvriYcr kf1�4 Is 71....ff (1 1'il
-' PAI
r At ` ��.1 P Qr qQx" j
4zQMp13NSAT1ON rl `
W M,d► CERj{F1CATlr 7QF
�l
i
'1 Vl
;,, Tht6 •tG tq cerglY t{!at'W1? juve );sNsq a vali{
:;; C�!tfgrnla fn N!af�e Cprngt+gslolyQr ;to t�e em
Th+s: va��y FA '!Rt ;�+g1gA� rto c�I>Sji1''�rl°�,tRY.>
F
A W r o.,:;�III iltep. , Yel CN1
Y Sit �?Y?t ++>�v#rfc P flotrl
byy
Tthe.
.flratatpf UfA41fWjQ0 Is T14t 1rISU� r
Pohgr9s .j(ytod her�tr} Notwithstandmq
wlrh :respgot,to; YKhich thls�ceru,fi�aSe pt+j!+au
oaUa+n;; �Qs��t>�d hera�m��� i"p�oFt3a 411 the
;i' AtkTH IZE4 REF,rR
}tPQLIGYMQt DER'CQPY • ,';k,.r r Is 1y< t '.-.....
sFP�! F�A(V�IS�q,�A �Q•��2*t?�Oz I ,+ � _� _ �;>�:;,, 1 �
Y41 t4l�,)
NQRKERB' OOMPPNSATION INS,PRANCE . {
P.QLIC,Y'NI44p.kR,
n ) ' �' , '•.CERj'IFICQTt;:.lp � rs i, � 8 q ,,, 1.,:\ r, `. l� i1 f,
T GFA JPIGATE EXPIRES 04 02-2004,I\� 7;•
t,1.,aIIt *FnG�1 s 'n'n. :�,.(•:r Tr�r�)c, 4Y I�'•
40'l ti T'IT�V�Y`�iT M!nll�. Mrf/llM �t(('ry0
)1jf�rKors' �r)mPpft atlpn Insuran�6 PQ�+ax I,FY j jprm ,pprl xea
)pYer ftyrT,gd be14tN Jar we Panay Pprwd Jndl lred• 'T, � �' • r
Rallcy 04 ccolleA pnvr. to )�S r�gjfnptt4xPFra tlon �
d44§: nqt amend extond'or alter",j1ia ggvar�8.e PfitPrdgdf
Slt,:.term Or.cpndlti Pf •affy•SQntraoc or'gth@f dpcumont �� �,
issµpd or jay Per 4 anSJ��anC® atfgrd®d hT thg 'K f r+
514R5.?f)lI�.CQndiU0f7S of such ooLcies. 1
P.�S4; NOfiT FrFFE:;Y Q4 Q2^24Q3 x �ITTACF TQ pNq^ t4+ r, t:
i+
!-"k.. '1 E-,t)r ... .. Jr .... r,.. ..', '.I .vrl.. ,. •,, kli r..Y({� �1. ..�Y:�_ ,d y
. r-1 L ,n 1 C.I t2 -K• I '.:: " f v I -4 1 r.
t", , t•,r ♦' ^ (e ll� ..jjI.W 1 Il"Z�: +Y f'At + F,= rt � 4: , t i "y h ;,rl"�p 1�r157 - 1 '
.. 3� •Y. E,S:' it ++. 'l� �'A T
.+I, 1:.1, t,✓yrf �.,(Y, I?.`JtitJtY l4 �i f:; „•L,.'aLj ri1 .r�+YT�n
trP M r 1 Y: 1! 1 pp� r'. PRINTEp:. 7�"A.RM."
n�ltl�itdsi�i'ii IC77'71tRa-"tzv»irs�.. _ .. PQ4�9�a�:
City:
Ed Bonnette, C.P.M., CPIM, Buyer
City of Fort Collins Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
Service Provider:
Thomas Lane, CEO/Chairman
PropertyBureau.com, Inc.
3551 Camino Mira Costa, Suite C
San Clemente, CA 92672
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, in accordance with the Cost Breakdown attached hereto as Exhibit "C", consisting of one
(1) page, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider, The services to be performed by Service Provider are
those of an independent service provider and not of an employee of. the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
SA 10101
2
the services shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected
item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
SA 10101
3
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Indemnity/insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions, suits,
claims, demands or liability of any character whatsoever brought or asserted for injuries to or death
of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
SA 10/01
4
17. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit D Property Manifest, consisting of two
(2) pages, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James 9. O'Neill 11, CPPO, FNIGP
"iirector of Purchasing and Risk Management
Date: /o -9 -o3
By: a•-. .
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:__-b'3 " 3
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
SA 10/01
6
EXHIBIT A
SCOPE OF WORK
Property to be Sold. From time to time, The City of Fort Collins will designate
items of personal property (the "Property") that it desires to provide to
PropertyBureau for Disposition Services. PropertyBureau retains the right to
accept or reject certain items in its sole discretion.
2. Title. The City of Fort Collins ("Owner") shall retain legal title to the Property
until it is purchased by auction or otherwise disposed of in accordance with this
Agreement at which time Owner will be deemed to have transferred title to the
purchaser or other acquirer of the item of Property. All cash receipts, accounts
receivable, contract rights, notes, general intangibles, and other rights to payment
of every kind, arising out of the sales and dispositions of Property (collectively
the "Proceeds") belong to Owner, subject to PropertyBureau's right to
PropertyBureau's Net Proceeds and funds attributable to Credit Card Costs and
other transaction costs. Owner's Property shall, at all times before sale or
disposition, be subject to the direction and control of Owner.
3. Method of Selling Property. PropertyBureau will, on Owner's behalf, list
Property for sale by auction to the public on the World Wide Web of the Internet
on one or more domain names selected by PropertyBureau. To the extent that any
Property is not sold by auction, PropertyBureau may, in any commercially
reasonable manner selected by PropertyBureau, dispose of Property.
PropertyBureau will determine all aspects, terms and conditions of auctions of
Property and dispositions of Property not purchased at auction, subject to the
ultimate control of Owner. PropertyBureau will. be responsible for all phases of
submitting the Property for auction, including, but not limited to, determining
when Property will be auctioned, setting the opening and reserve prices of
Property, if any; determining the selling price, setting the length of time a Product
will be auctioned; creating text and graphics to describe and depict Property
submitted for auction; collecting all purchaser information (such as purchaser's
name, billing address, shipping address, and credit card information); approving
purchasers' credit card purchase transactions; and collecting auction proceeds for
completed sales from purchasers. PropertyBureau shall use its best efforts in
auctioning and selling the Property on the Internet and disposing of Property that
does not sell at auction. PropertyBureau shall sell and dispose of all Property "as
is" without any liability to the Owner. PropertyBureau is solely responsible for
identifying and resolving sales and use tax collection issues arising from Property
sales, including the necessity of charging and collecting such taxes.
Payment Terms. Not later than the 151h of each month, PropertyBureau will pay to
Owner the amount of Owner's Net Proceeds payable for completed sales during
the preceding month. Sales are deemed completed when all items comprising a
line item on the original manifest or other list of Property are sold. With each
monthly payment, PropertyBureau will deliver to Owner a detailed report of
completed sales activity for the preceding month showing PropertyBureau's
calculation of the amount of Owner's Net Proceeds for the month. With each
payment of Owner's Net Proceeds, PropertyBureau will deliver to Owner a
written report setting forth the following information for the immediately
preceding month: (i) the completed sales during the prior month, including the
total amount of related proceeds collected, the Owner's and PropertyBureau's
share of Credit Card Costs, the Owner's Net Proceeds; (ii) other dispositions of
Property during the month; (iii) the Property, if any, inventoried by
PropertyBureau at the end of the month.
5. Conflicts of Interest. By the Charter of the City of Fort Collins Colorado; no
officer, employee, or relative of an employee of the City of Fort Collins shall,
directly or indirectly, purchase by bid or auction any personal property of the City
of Fort Collins. PropertyBureau has assigned "0219" as the four -digit prefix for
the City of Fort Collins Property Room items. Also, PropertyBureau and its
employees and agents may not directly or indirectly bid for or purchase auctioned
Property on the PropertyBureau websites.
6. Non -Exclusivity. This is not an Exclusive Agreement for Auction Services. The
City of Fort Collins reserves the right to utilize other Auction Services and/or
other means of conduction Public Auctions, Bids, or Sales for Police Evidence
and/or disposition of other surplus public property; to achieve the best value for
the City.
7. PropertyBureau All -Inclusive Services. PropertyBureau agrees to provide the
following additional services at no extra charge:
a. Pickup, transport, and deliver all City of Fort Collins items to their
Processing Center.
b. Pick -Up Driver verifies each line item on the manifest, which is then bar-
coded and assigned a unique SKU number. A duplicate bar-code is placed
on the item itself.
c. Digitally photograph each item for Auction.
d. Inspect and clean all items. Perform electrical and mechanical testing.
Repair if feasible.
e. Conduct research to provide accurate descriptions of items for sale. Solicit
appraisals, where necessary, to set appropriate minimum bid limits
(reserves) for high -value items.
f. Package and ship items from their Processing Center directly to the buyer.
g. Receiving personnel verify manifest against physical barcoded items upon
arAval at Processing Center. Immediate feedback and resolution on any
discrepancies.
8. PropertyBureau's Obligations Concerning Property in Its Possession. With
respect to Property in PropertyBureau's possession: (i) PropertyBureau will
exercise due care in the handling and storage of any Property; (ii) PropertyBureau
shall keep the Property free of liens, security interests, and encumbrances, and
shall pay when due all fees and charges with respect to the Property; (iii)
PropertyBureau shall sign and deliver to Owner any UCC-1 financing statements
or other documents reasonably requested by Owner; (iv) PropertyBureau shall
obtain and maintain insurance in an amount (determined by PropertyBureau) not
less than the replacement value of Property in its possession. The insurance will
cover the Property against fire, theft, and extended coverage risks ordinarily
included in similar policies. PropertyBureau shall give Owner an insurance
certificate upon Owner's request; and (v) If PropertyBureau returns any Property
to Owner, PropertyBureau shall pay all freight charges, insurance and related
costs to return the Property to Owner's nearest warehouse. PropertyBureau, at
PropertyBureau's expense, shall insure Property during shipping in an amount not
less than the replacement value of any item of Property returned to Owner.
9. Owner's Obli ations. Owner will complete paperwork reasonably necessary to
convey custodial possession of the item of property to PropertyBureau, including
a written manifest or list that describes the item of Property in sufficient detail for
identification. Note: Manifest form must have City of Fort Collins Purchasing
Dept. signature to authorize product release for pickup by PropertyBureau.
10. Representations and Warranties of Owner. Owner hereby represents, warrants
and covenants as follows: (i) Property delivered to PropertyBureau is available for
sale to the general public without any restrictions or conditions whatever; (ii)
Owner will not knowingly deliver to PropertyBureau any Property of a counterfeit
or illegal nature; and (iii) Owner has taken all required actions under applicable
law that are conditions precedent to Owner's right to transfer title to the Property
to purchasers (the "Conditions Precedent").
11. Books and Records. PropertyBureau will keep complete and accurate books of
account, records, and other documents with respect to this Agreement (the "Books
and Records") for at least three years following expiration or termination of this
Agreement. Upon reasonable notice, the Books and Records will be available for
inspection by Owner, at Owner's expense, at the location where the Books and
Records are regularly maintained, during normal business hours.
12. Pickups. PropertyBureau agrees to schedule pickups of merchandise upon request
by the City of Fort Collins, on an as -needed basis. There is to be no additional
charge to the City for this service.
EXHIBIT B
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage
designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider
shall furnish the City with certificates of insurance showing the type, amount, class of operations covered,
effective dates and date of expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10)
days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out
and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may
deduct the cost of such insurance from any monies which may be due or become due the Service Provider
under this Agreement. The City, its officers, agents and employees shall be named as additional insureds
on the Service Provider's general liability and automobile liability insurance policies for any claims arising out
of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of
this Agreement for all of the Service Provider's employees engaged in work performed under this
agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this
Agreement such commercial general liability and automobile liability insurance as will provide
coverage for damage claims of personal injury, including accidental death, as well as for claims for
property damage, which may arise directly or indirectly from the performance of work under this
Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
SA 10/01