R-99-06-24-10D2 - 6/24/1999Mayor
Robert A. Stlaka, Jr.
Mayor Pro -tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pin
Earl Palmer
Isabel Callahan
Cary Coe
City Manager
Robert L. Bennett Jr.
City Attorney
Stephan L, Sheets
Gaston and Sheehan Auctioneers, Inc.
Attn: Mr. Bob Sheehan
1420 Highway 685
Pflugerville, TX 78660
RE: Multi -Year Contract for Auctioning Services
Dear Mr. Sheehan,
This letter is notification that the Contract referenced above will expire in June of
this year
By signatures affixed below the Contractor agrees to extend the contract an
additional twelve -month period with no changes in price, terms and conditions.
City of Round Rock
Christine Martinez, City Secreta
Date: la-6-0 VJ
Please sign three originals and return to the City at your earliest convenience,
but no later than June 1, 2002. A signed original will be forwarded to you as
soon as possible.
CMB /s
Cc: file
Please tees free to contact me at (512) 218 -5457 with any questions.
Fax: 512- 218 -7097 I -800- 735 -2989 TDD
www.ci.round- mck.tx.us
May 20, 2002
Gaston & Sheehan Auctioneers, Inc.
Authorized Representative
Name:
Title:
Date: — —
Carolyn :r ooks, CPPB
Purchaser
(512) 218-5457
221 Fast Main Street
Round Rock, Texas 78664
512 - 218 -5400
1 -800 -735 -2988 Voice
Mayor
Robert A. Stluka, Jr
Mayor Pro -tem
Earl M. Hairston
Council Members
Tom Nielson
Carrie Pitt
Earl Palmer
Isabel Callahan
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
CITY OF ROUND ROCK
Mr. Bob Sheehan
1420 Highway 685
Pflugerville, TX 78660
Dear Mr. Sheehan:
May 7, 2001
221 East Main Street
Round Rock, Texas 78664
512 -218 -5400
RE: Auctioning Service
Contract
This letter is notification that the second extension of Contract referenced above
will expire June 2001.
By signatures affixed below the Contractor agrees to extend the contract an
additional twelve -month period with no changes in price, terms and conditions.
City of Round Rock Gaston & Sheehan Au •tioneer• Inc.
J Land, City Secretary Authorized Rrlr sentative
Date: s" -a Narne: Aa9,Q&727, n 7 �. 4 )
Title: 'E7��jyJr7q
Date: s =/8. /}/
Please sign one original and one copy and return both copies at your earliest
convenience, but no later than May 21, 2001. A signed copy will be forwarded
to you before June 1, 2001.
Please feel free to contact me at (512) 218 -5457 with any questions.
CMB /s
Cc: fiie
Fax: 512 -218 -7097
le- R q -o(c)-( 4- io )>a..
dyr
Carolyn Brooks, CPPB
Purchaser
(512) 218-5457
1 -800- 755 -2989 TDD 1- 800.755 -2988 Voice
www.ci.round- rock.tx.us
Mayor
Nyle Maxwell
Mayor Pro -tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pitt
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
Jim Nuse
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Gaston and Sheehan Auctioneers, Inc.
Attn: Mr. Bob Sheehan
1420 Highway 685
Pflugerville, TX 78660
RE: Multi -Year Contract for Auctioning Services
Dear Mr. Sheehan,
This letter is notification that the Contract referenced above will expire soon.
By signatures affixed below the Contractsr agrees to extend the contract an
as •itional twelve -month period with no changes in price, terms and conditions.
ound Rock Gaston and Sheehan Auctionee,., Inc
Da
CMB /s
Cc: file
Asst. City Manager
Please sign the three originals and return to the City at your earliest
convenience, but no later than June 4, 2003. A signed original will be
forwarded to you as soon as possible.
Please f fr t co nt ac t me at (512) 218-5457 with any questions.
CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664
Phone: 512_218540o • Fax: 512.218.7028• www.ci.round- rock.tx.us
May 27, 2003
Authoqg d R: +%'esentative
Name: kVA) A4 - ) ) 1^P. VCO - 1
Title: YYCLS
Date: c lo n ?�
Carolyn Brooks, CPPB
Purchaser
(512) 218 -5457
CITY OF ROUND ROCK
ANNUAL PURCHASING AGREEMENT
FOR
AUCTIONING SERVICES
RECITALS:
99 -c - a9 -/oD
THIS AGREEMENT, is made and entered into this of 1999, by
and between the City of Round Rock, a Texas home -rule municipal 46rporation, whose offices are
located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City"
and Gaston & Sheehan Auctioneers, Inc., 1420 Highway 685, Pflugerville, Texas 78660. hereinafter
referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties ".
WHEREAS, the City desires to contract with Gaston & Sheehan Auctioneers, Inc. for auctioning
services to include picking up, holding and securing surplus, seized and abandoned property for all
City Departments: and
WHEREAS, the Invitation for Bid to provide the City with Auctioning Services was previously
issued for said services and the City has selected the Bid submitted by Gaston & Sheehan
Auctioneers Inc; and
WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, it is mutually agreed between the parties as follows:
1.0 CONTRACT DOCUMENTS AND EXHIBITS
The City of Round Rock selected Gaston & Sheehan Auctioneers, Inc. as the integrator of
choice to supply Auctioning Services as outlined in IFB Specification Number 19 -99 -0001
dated April 1999 (Exhibit A) together with Response to IFB submitted by Vendor (Exhibit
B). The intent of these documents is to formulate an Agreement listing the responsibilities of
both parties as outlined in the IFB and as offered by Vendor in their response to the IFB.
The services that are the subject matter of this Agreement are further described in Exhibits A
and B, and together with this Agreement comprise the Agreement, and they are fully a part of
this Agreement as if herein repeated in full.
2.0 COSTS
The bid costs listed in Exhibit A shall be the basis of any costs billed to the City.
3.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V. T.C.A., Texas Government Code, payment to Vendor
will be made within thirty (30) days of the day on which the City receives the supplies,
materials, equipment, or within thirty (3) days of the day on which the performance of
services was complete, or within thirty (30) days of the day on which the City receives a
correct invoice for the supplies, materials, equipment, or services, whichever is later.
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy, however, this
policy does not apply to payments made by the City in the event:
3.1 there is a bona fide dispute between the City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment
to be late; or
3.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
3.3 there is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered
or the services performed which causes the payment to be late; or
3.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order, or this Agreement or other such contractual agreement.
4.0 DURATION OF AGREEMENT
The term of this agreement shall be for a period of time of twelve (12) months from the date
of award. Prices shall be firm for the duration of the agreement, except as provided for in
Exhibit A Part III paragraph 3. This agreement may be renewed for up to four (4) additional
periods of time not to exceed twelve (12) months for each renewal provided the parties agree
in writing.
2
12.0 INVOICES
All invoices shall include, but not limited to, the following
12.1 Name and address of Vendor
12.2 An invoice number.
12.3 Dates of service.
12.4 Description of item(s) delivered.
12.5 Itemized prices, per unit and extended total, quantity and any special services.
13.0 INDEMNIFICATION
Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
and employees, from and against any and all claims, losses, damages, causes of action, suits,
and liability of every kind, including all expenses of litigation, court costs, and attorney's fees
for injury to any person, or for damages to any property, arising out of or in connection with
any act or omission, negligence, willful misconduct m the performance of this Agreement
done by Vendor, its officers, agents, employees, or subcontractors under this Agreement,
without regard to whether such persons are under the direction of City agents or employees.
14.0 INSURANCE
Vendor shall meet the minimum state financial responsibility requirements for the operation
of motor vehicles.
15.0 APPLICABLE LAW
This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and
warranties available to the City under this agreement or by operation of law are waived or
modified unless expressly waived or ,modified by the City in writing.
16.0 VENUE
The parties agree that venue for any litigation arising from this agreement shall lie in
Williamson County, Texas.
4
17.0 RIGHT TO ASSURANCE
Whenever one party to this agreement in good faith has reason to question the other party's
intent to perform, the questioning party may demand that the other party give written
assurance of their intent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
18.0 MULTIPLE COUNTERPARTS
This agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this instrument, all of which, when taken together shall constitute
one and the same instrument.
19.0 ORDER OF PRECEDENCE
The order of precedence shall be as follows:
(a) This Agreement together with attachments
(b) Specification Number 19 -99 -0001, dated April 1999
(c) Bid Response
20.0 NOTICE
For the purposes of this Agreement, notices to the City shall be addressed to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664 -5299
With a copy to:
Stephan L. Sheets, City Attorney
City of Round Rock
309 East Main Street
Round Rock, Texas 78664
5
Notice to Vendor shall be to:
Michelle T. Sheehan, C.E.O.
Gaston & Sheehan Auctioneers, Inc.
1420 Hwy. 685, Pflugerville, Texas 78660
Notices will be effective upon delivery at the above addresses until the parties notify each
other, in writing, of a change m address.
IN WITN WHEREOF the parties to these pments have executed this Agreement on the ' 9491
7( 1
day of
CITY OF ROUND ROCK
INC
B Atll i� l ..i/l1.J:
Rob Stluka, Jr,, May.i
City of Round Rock
Attest:
By:
ANNE LAND, City Secretary Name:
Title: k.,.r
City of Round Rock
6
GASTON & SHEEHAN AUCTIONEERS,
Attest:
By:
tselr .
ITEM 0
�.lG+ws - .w:.v..a,9. ,- -vr., -,. •,... ...mss ::.. ... ....... md.•�,..s.- • vre
CLASS & ITEM DESCRIPTION
Nee.-
OTT
.mae/:w.
UNIT
- . - '�- _..�_'3 o®.m._�...vvxws,:.,..+
MAKE/MODEL
UNIT
PRICE
.. -.
EXTENSION
I
This is for a twelve -month contract with 4 twelve -month
extension periods for Auctioning services to include
picking up, holding and securing surplus, seized and
abandoned property in accordance with
Specification No. 19 -99 -0001, dated April 1999.
Note: Auctioneer's fee shall be stated in terms of percentage
of gross sales. 1 0 % of gross sales
Auctioneer Name: Gaston & Sheehan
Address p 0. Box 856, Pflugerville, T.
78E91
Auctioneer License No.: TX 6497
Telephone Number: S 5 1 2) 251-278 0
Location of Storage Facilities:
1420 Hwy. 685
Pfinfjervilte, TX 78660
Facilities shall accommodate 500 people/buyers
Square footage of secured storage area: 6, 000 SQ FT
tns i d
e
3 Acres Outs
:de
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
INVITATION FOR BID IIFS)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664.5299
FACIMILE RESPONSES
SHALL NOT BE ACCEPTED
SLOW MD DHOW GATT •
BO NOMNII w Lowe LEFT
11R0 CONae OF SEAM BO
RNnIUOFE • Raw RETURN
000REas of MONO raM.
Bidder agreesto comply with all conditions set forth below and on the reverse side of this IFB.
19 -99 -0001
DATE: April 19, 1999
1 OF 1
BIDDING INFORMATION:
BID NUMBER 19 -99 -0001
OPENING DATE: 5/4/99 at 3:00 P.M.
BID LOCATION: 221 E. Main Street, 1St Floor
Council Chambers, Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
9100FR SHAT l SIGN BELOW
FaaNS to slpn a1H b ue p y 0p
-4 -99
Aumoried Signature Date
Michelle T. Sheehan, C.E.O.
Print Name
SEE 1.6 ON BACK FOR INSTRUCTIONS:
TAxu.L,NO.: 75- 222 -1529
LEGAL BUSINESS NAMEGSston & Sheehan AActioneers, Inc.
AooesSS: P.O. Box 856, Pflugerville, TX - 786191
ADORESs: 1420 Hwy. 685, Pflugerville, TX 7666
CONTACT: Bob Sheehan
TELEPHONENO.: (512) 251-2780
BUSRIESSENTrIy TYPE: Auctioneers - Texas- "Corporation
DELIVERY IN DAYS
.
By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyon
entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Fede
laws, nor communicated directly 01 indirectly, the bid made to any competitor or any other person engaged in such line of business.•
Items Below Apply To And Become A Part Of Terms And Conditions Of Bid
Any Exceptions Thereto Must Be In Writing
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidder guaran-
tees product offered will meet or exceed specifications identified in this IFB.
1.2 Bids should be submitted on this form. Each bid shall be placed in a separate amok:pe completely and property identified. See instructions an reverse side.
Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB.
1.3 Late bids property identified will be returned to bidder unopened. Late bids will not be considered.
1.4 Quote F.O.B. destination. 11 otherwise, show exert cost to deliver. Bid unit price on quantity and unit 01 measure specified, extend and show total. In case
of errors in extension. unit prices shall govern. Bids subject to unlimited price increase 0111 not be considered.
1.5 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptable unless requested. Cash discount will not
be considered in determining the low bid. All cash discounts offered will be taken If earned.
1.6 Bids shall give Tax Identification Number, lull name and address of bidder. Failure to sign bid will disqualify bid. Person Signing bid shall show title and authority
to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right corner. Business Entity shall be one
(1) of the following: Individuel, Partnership, Sole Proprietorship, Estale/Trust, Corporation, Governmental, Non-profit, all others shall be specified. INDIVIDUAL:
List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP: List legal name followed by legal business name and Social Security
Number. ALL OTHERS: List legal name of entity and Tax Identification Number (TIN).
1.7 Bid cannot be altered or amended after opening lime. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid
can be withdrawn after opening time without approval of the City based on a written acceptable reason.
1.8 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.9 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to lost serve the interests of the City, Split
awards may be made at the sole discretion of Me City.
1.10 Consistent and continued tie bids could cause rejection of bids by the City andfm investigation for antitrust violations.
1.11 Telephone bids and facsimile bids are not acceptable in response to this Invitation for Bids.
1.12 CAUTION: Bid invitation allows sufficient time for receipt of the profaned mail response. The City shall not be responsible for bids received late, Illegible,
incomplete, or otherwise non - responsive.
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in Imitation for Bids is descriptive only (not restrictive), and is used to indicate type and quality
desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government
Code. 11 other than brand(s) specified is offered. illustration and complete descriptions of product offered are requested to be made a part of the bid. If bidder
lakes no exceptions to specifications or reference data in his bid, bidder will be required to furnish brand names, numbers, etc., as specified in the IFB.
2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements
t0 the contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense to the City. 11 not destroyed in examination, they will be returned to the bidder, on request, at
bidders expense. Each example should be marked with bidder's name and address, City bid number and code. Do not enclose in or attach t0 bid.
2.4 The City will not be bound by any oral statement or representation contrary to the mitten specifications of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS:
In case al tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state delivery time obligates bidder
to complete delivery in fourteen (14) calendar days. Unrealistically shod or long delivery promises may cause bid to be disregarded. Consistent failure to meal
delivery promises without valid reason may cause removal from bid list. (See 4.2 following.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep
the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City
to purchase supplies elsewhere and charge full Increase, 4 any, in cost and handling to defaulting contractor.
4,3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours onl, unless prior approval for late delivery has been obtained from the City. unless otherwise specified
in the IFB.
5. INSPECTION AND TESTS:
All goods will be subject to inspection and lest by the City to the extent practicable at all times and places. Authorized City personnel shall have access to
any supplier's place of business or the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken
from regular shipments. If the products tested tail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and
the cost of the testing shall be borne by the supplier. Goods which have been delivered and rejected in whole or in pad may, at the City's option, be returned
to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT:
A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB. Bids do not become contracts
unless and until They are accepted by the City through its designates and a purchase order is issued. The contract shall be governed. construed, and interpreted
under the Charter of the City and the laws of Stale of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT:
Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS:
The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS:
Vendor hereby assigns to purchaser any and all claims for overcharges nosnciated with this contract which arise under the antitrust laws of the State of Texas
Tx. Bus. and Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed
from all bid lists. By signature hereon affixed, the bidder hereby certifies that
10.1 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, ban, gratuity, special discount,
trip, favor, or service to a public servant in connection with the submitted bid.
10.2 The bidder is not currently delinquent in the payment of any debt owed the City.
10.3 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has
violated the antitrust laws of this Slate codified in Section 15.01 et. seq., Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated
directly or indirectly Ise bid made to any competitor, or any other person engaged in such line of business.
10.4 The bidder has not received compensation for participation In the preparation of the specification for this IFB.
11. NOTE TO BIDDERS:
Any Terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form.
WARNING: Such terms and conditions may result in disqualification of the bid (e.g., bids with the laws of a stale other than Texas, requirements for prepayment,
limitations on remedies. etc.). The City 01 Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders
affirmations and certifications must be Included. Submission of bids on forms Other than City bid form may result in disqualification of your bid.
12. INQUIRIES:
Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
CITY OF ROUND ROCK
AUCTIONING SERVICES
1. PURPOSE: The City seeks a multi-year contract for auctioning services for the disposal of surplus,
seized and abandoned property. These specification herein shall become part of the resulting contract.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification
and bid document:
2.1. Bidder — Identified in Part II, paragraph 13 shall describe persons and entities that have
registered to attend the auction for the purpose of purchasing property.
2.2. Bidder identified throughout this specification, except Part II, para 13, shall describe persons and
entities that consider themselves qualified to provide auctioning services.
2.3. Buyer — Identifies a registered person or entities that has purchased item(s) at an auction.
2.4. City — Identifies the City of Round Rock, Williamson County, Texas.
2.5. Contract — A mutually binding legal document obligating the Contractor to furnish the goods,
equipment or services, and obligating the City to pay for same.
2.6. Contractor — A person or business enterprise providing goods, equipment, labor and/or services
to the City as fulfillment of obligations arising from a contract.
2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or
services to a Contractor if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a contract with the City.
4. ABANDONMENT OR DEFAULT:
PART I
GENERAL TERMS AND CONDITIONS
Page I of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
1. The Contractor shall provide the facility(es), labor and equipment necessary to perform the service.
2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace
and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be
responsible and liable for the safety, injury and health of its working personnel while its employees are
performing service work.
3. The Contractor shall comply with all applicable legal requirements for conducting auction sales in the
State of Texas.
4.1. A Contractor who abandons or defaults the work on the contract and causes the City to purchase
the services elsewhere may be charge the difference in cost if any and will not be considered in
the re- advertisement of the service and may not be considered in future bids for the same type of
work unless the scope of work is significantly changed.
Page 2 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
4.2. The contract is void if sold or assigned to another service company without prior written approval
of the City. Written notification of changes to company name, address, telephone number, etc.,
should be provided to the City as soon as possible but not later than 30 days from date of change.
5. RIGHT TO AUDIT: The City has the right to audit the Contractor's books and records pertaining to the
service during the hours of the normal workday.
6. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative
bodies or tribunals in any matter affecting the performance of the contract, including without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory
proof of its compliance.
7. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of
the contract and arising out of a willful or negligent act or omission of the Contractor, its officers, agents,
servants and employees.
8. INSURANCE: The successful bidder shall procure and maintain at its sole cost and expense for the duration of
the contract or purchase order resulting from a response to this bid/Specification insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of the
work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or
subcontractors.
8.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
8.2. The following standard insurance policies shall be required:
8.2.1. General Liability Policy
8.2.2. Automobile Liability Policy
8.2.3. Garage Keeper's Liability Policy
8.2.4. Worker's Compensation Policy
8.3. The following general requirements are applicable to all policies:
8.3.1. Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
8.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a
per occurrence basis for property damage only.
8.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
8.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City
8.4. Policies shall include, but not be limited to, the following minimum limits:
8.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
8.4.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
8.4.3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with
minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each
occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence.
8.4.4. Statutory Workers Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
8.4.5. Coverage shall be maintained for two years minimum after the termination of the
Contract.
8.5. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise
reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof.
All insurance and bonds shall meet the requirements of the bid specification and the insurance
endorsements stated below.
8.6. Contractor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment,
the following provisions:
8.6.1. Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary.
8.6.2. Name the City and its officers, employees, and elected officials as additional insureds,
(as the interest of each insured may appear) as to all applicable coverage.
8.6.3. Provide thirty days notice to the City of cancellation, non - renewal, or material
changes.
8.6.3.1. Remove all language on the certificate of insurance indicating:
8.6.3.1.1. That the insurance company or agent/broker shall endeavor to
notify the City; and,
8.6.3.1.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
8.6.4. Provide for notice to the City at the addresses listed below by registered mail.
Contractor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance.
8.6.5. Provide that all provisions of this contract concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within applicable
policies.
8.6.6. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
Page 3 of 9
8.6.7. Contractor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which notice
shall be accomplished by a replacement Certificate of Insurance.
8.6.8. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664 -5299
PART II
SPECIFICATIONS
Page 4 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664
8.6.9. Approval, disapproval, or failure to act by the City regarding any insurance supplied
by the Contractor shall not relieve the Contractor of full responsibility or liability
for damages and accidents as set forth in the these requirements. Neither shall
bankruptcy, insolvency, or denial of liability by the insurance company relieve the
Contractor from liability.
8.6.10. If the Contractor employs, contracts with or otherwise permits any other individual
or entity to perform any of the obligations of the Contractor, then any and all of
these individual or entities shall be bound by the same insurance requirements as
the successful bidder.
10. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens
and encumbrances for all labor, good and services which may be provided under the City's request by
Contractor or subcontractors and if the City requests, a proper release of all liens or satisfactory evidence
of freedom from liens shall be delivered to the City.
11. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
contract shall lie in Williamson County.
12. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of the
City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance
that the City from time to time may have in force and effect.
1. SCOPE: This specification describes auctioning services to dispose of surplus, seized and abandoned
property, Services shall include, but not limited to picking up, holding, securing and auctioning off such
property to the general public within a specified time period. The successful bidder shall be a licensed
Auctioneer in the business of providing the auctioning services identified herein. NOTE: These services
shall not include real property.
2. INTENT: It is the intent of the City to establish a multiple year contract with a responsible bidder to
provide auctioning services as specified. The initial contract shall be for a twelve -month period with four
consecutive twelve -month extension periods, as mutually agreed upon.
3. CITY PREVIEW OP RESPONSIBILITY:
3.1. The City will furnish the Contractor with an itemized list of all property for auction.
3.2. The City may, at its option, withdraw and retrieve any item prior to date of sale.
SPECIFICATION NO.
19- 99-0001
DATED: APRIL 1999
3.3. The City retains the right to set a minimum bid amount on select equipment and items.
3.4. The City reserves the right to sell, on its own, dispose of, or transfer to other governmental
agencies any item it chooses not to be sold by the auctioneer.
4. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of
such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible
bidder from information submitted with the bid. All bidders shall furnish the following information at a
minimum:
4.1. It is recognized that an Auctioneer's local "following" or clientele is of utmost importance in
promoting active bidding and high sales return; therefore, the term "local experience" shall be
defined as including the State Of Texas.
4.2. Auctioneer License: Bidder shall provide proof of current license certified by the State of Texas
for Auction Services.
4.3. References: Provide the name, address, telephone number and point of contract of at least three
completed commercial auction references. References shall be for completed projects that are
similar in scope of service (Government preferred) to that being required in this specification.
Any negative responses received may result in disqualification of bid.
4.4. Identify any subcontractors to be used for this service. Experience, qualifications and references
of the subcontractors shall be submitted. The City shall approve all subcontractors prior to any
work being performed.
5. SITE VISITS: The City and/or their representatives will have the right to visit and inspect the bidders
facility any reasonable time prior to award and/or to conduct unannounced visits during the performance
of the service.
6. FACILITIES: The Contractor shall provide a properly zoned, fenced, graveled or hard surfaced, secured
sales and storage building(s) and/or lot(s) located within a 30 mile radius of the City of Round Rock, TX.
7. PROPERTY PICK -UP: The Contractor shall pick -up property from designated locations as specified by
the City's representative.
NOTE: CITY OWNED EQUIPMENT SHALL NOT BE USED FOR ANY REASON WHILE
BEING STORED WAITING SALE.
8. ADVERTISING AUCTION: The Contractor shall, without cost to the City, arrange publication of
auction advertisements. Contractor shall publicize the auction in the Round Rock Leader, the Austin
American Statesman a minimum of once per sale. The public notice shall be advertised a minimum of 5
days prior to the date of each sale and shall include "Terms and Conditions of Sales" as specified in
Paragraph 13, Part II. Auction brochures shall be mailed to prospective bidders on the Auctioneers
mailing list.
9. PROPERTY TURN -OVER: Property shall be auctioned not later than 120 days after it as been received
by the Contractor for disposal.
10. PROPERTY SALES: Property provided to the Contractor for auction shall be auctioned "As Is
Condition" without warranty.
Page 5 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
11. VEHICLES AND EQUIPMENT: Vehicles and equipment shall be operated only by qualified
Contractor's personnel at the time of pick -up from City locations and on the day of sale for the purpose of
driving them through the auction line.
12. AUCTNEERING RESPONSIBLITIES: The Contractor shall:
12.1. Coordinate auctions with the City at least 30 days before an auction is held.
12.2. Register prospective buyers and provide any handouts necessary for the efficient conduct of each
auction including, but not limited to buyer's identification tag.
12.3. Include the contents of "Terms and Conditions of Sale" referenced in paragraph 13, Part II in all
advertisements.
12.4. Provide a full time licensed professional auctioneer to conduct all auctions.
12.5. Provide a minimum of two persons to register all interested buyers at all auctions.
12.6. Provide a clerk to log prices and buyers during the auctions.
12.7. Provide sufficient staff at each auction to monitor buyers and to maintain adequate records.
12.8. Comply with all applicable legal requirements for conducting auction sales in the State of Texas.
12.9. Contractor shall be responsible for ensuring safe business practices are utilized to ensure the
safety of the general public. Equipment shall be started only. Units shall not be moved, driven
by prospective buyers or non-qualified personnel.
13. DOCUMENTATION REQUIRED: The Contractor shall provide the City within three working days
following a sale, copies of the following:
13.1. Three copies of statement indicating all revenue (the total amount of sales collected), sales tax
due and grand total plus all of the proceeds due for each complete auction.
13.2. Itemize list of total amounts purchased by each buyer and total due per each buyer plus a grand
total of sales, sales tax and total due.
13.3. A list of all buyers that registered for each auction by buyer number order. This list shall include
name and mailing address for each buyer.
13.4. A list in lot number order showing buyer, a description of all items sold, the quantity of each lot,
the amount paid for each item, and the amount paid for each lot.
14. SALES, BUSINESS RECORDS AND AUDITS:
14.1. Contractor shall promptly record each sale in writing an in accordance with generally accepted
principles for operation of auction houses showing the minimum bid, the amount of the
successful bid, the name, address and telephone number of the buyer, and the date of the sale.
14.2. During the term of the contract, the Contractor shall maintain the City's auction records for each
day; thereof, in accordance with generally accepted accounting principles, a full, complete and
accurate permanent record, an account of all sales and of all sums of money paid or payable for
or on account or arising out of business transactions conducted on behalf of the City. Such
records shall include, but not be limited to sales slips, customer credit records, cash register
tapes, invoices, bank account records and other documents of business, herein after referred to as
"business records ". Contractor shall be responsible for any returned checks used for the purchase
of City property.
14.3. Contractor shall preserve such business records and supporting documents for a 36 month period
after the expiration of each 12 month period.
Page 6 of 9
16.12. City employees and their immediate family members shall be permitted to bid.
Page 7 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
14.4. Upon request by the City, Contractor shall deliver within 72 hours such business record to the
City or its designated agent or representative for the purpose of having Contractor's business
audited. Contractor specifically authorized for the City, its employees, agents and designated
representatives to conduct an audit of the business and agrees to fully assist the City where ever
possible.
14.5. The City reserves the right as part of its audit, to duplicate and retain copies of contractors
business records.
15. REPORTS: The Contractor shall provide a monthly statement that list all property sold, the sales price of
each item, the names and addresses of the buyers and the total of all costs to the City with respect to the
auction.
16. TERMS AND CONDITION OF SALE:
16.1. All bidders are required to register prior to the auction. The auctioneer shall have the right to
reject the bid from anyone who is not registered
16.2. The City reserves the right to refuse any bid considered unreasonable.
16.3. Registered bidders with tax exempt status shall include the tax exempt number on the registration
form. NOTE: THE SALES TAX CANNOT BE REIMBURSED ONCE THE SALE IS
COMPLETE.
16.4. Unless otherwise advertised and stated prior to the auction, all purchases shall be paid in full at
close of sale by cash, cashier's check, or personal/company check accompanied by Bank's "Letter
of Guarantee ". Bidders shall present letters of guarantee at time of registration,
16.5. Buyer tags shall be issued the day of the auction to all registered bidders.
16.6. At the time of the sale, the buyer's number and the price of item sold is announced by the
auctioneer. The auctioneer is the only authorized person to make changes in price or quantity
and at this time only.
16.7. The City reserves the right to withdraw items from the sale even after they are advertised.
16.8. Announcements made by the auctioneer on the day of the sale take precedence over any printed
matter pertaining to the auction.
16.9. Each lot/item shall be sold "As Is, Where Is ", with all faults and defects. No warranties as to
condition, fitness of use, or merchantability are intended or implied. Bidders shall be responsible
for closely checking each item and buyers should understand that they are buying the property
entirely upon their own examination or opinion, not withstanding comments, verbal or written, to
the contrary.
16.10. Each lot/item purchased immediately becomes the responsibility of the buyer at the time the
auctioneer deems the lot/item sold.
16.11. The buyer is responsible for removal of equipment from the auction yard, building or storage
area. The City will not provide towing, lifting or loading services.
1. CONTRACT: The contract resulting from this bid shall contain, but not be limited to the following term
and conditions:
PART III
CONTRACT TERMS AND CONDITIONS
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
The initial contract term shall be for twelve consecutive months with the option thereafter to
extend the contract four additional consecutive twelve -month periods as mutually agreed upon by
the Contractor and the City.
1.2. The City reserves the right to review the Contractor's performance at the end of each period and
cancel all or part of the contract or continue the contract through the next period.
2. EXTENSIONS: The contract may be renewed for an additional period of time not to exceed the original
service period, provided both parties agree to do so prior to the expiration date of the contract. Contract
extension(s) shall be for the original price, terms and conditions plus any approved changes
3. PRICE: The contract price percentage bid for Auctioneer Services shall be firm for the duration of the
contract or extension periods. No separate line item charges shall be permitted for either bidding or
invoice purposes, which shall include equipment rental, demurrage, cost associated with obtaining permits
or any other extraneous charges.
4. CANCELLATION: Either party may cancel the contract, without penalty, by providing 30 days prior
written notice to the other party. Termination under this paragraph shall not relieve the Contractor of any
obligation or liability that has occurred prior to cancellation. NOTE: This contract is subject to
cancellation, without penalty, at any time the City deems the Contractor to be non - compliant with
contractual obligations.
4.1. The contract may be canceled if three major complaints of substandard performance are received in the
same month from the same division/department. The City retains the right to determine what
constitutes a major complaint.
5. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and
verified by the Purchasing Department designee noted below.
Carolyn Brooks at 512- 218 -5457
6. INVOICING AND PAYMENTS: Payment shall be based on the percentage quoted for Auctioneer
Services and the total gross sales for property sold at Auction. The Contractor shall collect the proceeds
for the sale and submit proceeds with sales receipts and monthly invoice to the address listed below. If no
action sales are completed during any month a negative sales report shall be provided to the City.
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664 -5299
Page 8 of 9
Page 9 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
7. POMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the
supplies, materials, equipment, or the day on which the performance of services was completed or the day
on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever
is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by
Texas law) for payments not made in accordance with this prompt payment policy; however, this policy
does not apply to payments made by the City in the event:
7.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials,
or equipment delivered or the services performed that causes the payment to be late; or
7.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
7.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor
and its suppliers concerning supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
7.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or contract or other such contractual agreement.
art ,,,%.
�� ►'` / A CITY OF ROUND ROCK
Mayor
Robert A. Stluka, Jr
Mayor Pro -tem
Martha A. Chavez
Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett, Jr
City Attorney
Stephan L Sheets
October 7, 1999
Mr. Robert J. Sheehan
Gaston & Sheehan Auctioneers, Inc.
1420 Highway 685
PflugerviIle, Texas 78660
Dear Mr. Sheehan:
221 East Main Street
Round Rock. Texas 78664
512 -218 -5400
The Round Rock City Council approved Resolution No. R- 99- 06- 24 -10D2 at their
regularly scheduled meeting on June 24, 1999. This resolution approves the agreement
for auctioneering services to auction found and abandoned property and old unused
assets of the City.
Enclosed is a copy of the resolution and agreement for your files. If you have any
questions, please do not hesitate to contact Howard Baker at 218 -5455.
Sincerely,
kima,
Joanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax: 512-218-7097
1-800-735-2989 TDD 1- 800 -735 -2988 Voice
www.ci.round- rock.tx.us
RESOLUTION NO. R- 99- 06- 24 -10D2
WHEREAS, the City of Round Rock has duly advertised for bids for
auctioneering services to auction found and abandoned property and old
unused assets, and
WHEREAS,Gaston & Sheehan has submitted the lowest and best bid,
and
WHEREAS, the City Council wishes to accept the bid of Gaston &
Sheehan, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an agreement with Gaston & Sheehan for auctioneering
services to auction found and abandoned property and old unused assets,
a copy of said agreement being attached hereto and incorporated herein
for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
JO
RESOLVED this 24th day of June,
E
LAND, City Secretary
x:\ wemcs\Resonvrr \R9eezaoa.wvn /e�9
ROB A. STLUKA, J '., Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK
ANNUAL PURCHASING AGREEMENT
FOR
AUCTIONING SERVICES
' t - 11
THIS AGREEMENT, is made and entered into this Qf7 of ( Q� 19 I i by
and between the City of Round Rock, a Texas home -rule municipal rporation, whose offices are
located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City"
and Gaston & Sheehan Auctioneers, Inc., 1420 Highway 685, Pflugerville, Texas 78660. hereinafter
referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties ".
RECITALS:
WHEREAS, the City desires to contract with Gaston & Sheehan Auctioneers, Inc. for auctioning
services to include picking up, holding and securing surplus, seized and abandoned property for all
City Departments: and
WHEREAS, the Invitation for Bid to provide the City with Auctioning Services was previously
issued for said services and the City has selected the Bid submitted by Gaston & Sheehan
Auctioneers Inc; and
WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, it is mutually agreed between the parties as follows:
1.0 CONTRACT DOCUMENTS AND EXHIBITS
The City of Round Rock selected Gaston & Sheehan Auctioneers, Inc. as the integrator of
choice to supply Auctioning Services as outlined in IFB Specification Number 19 -99 -0001
dated April 1999 (Exhibit A) together with Response to IFB submitted by Vendor (Exhibit
B). The intent of these documents is to formulate an Agreement listing the responsibilities of
both parties as outlined in the IFB and as offered by Vendor in their response to the IFB.
The services that are the subject matter of this Agreement are further described in Exhibits A
and B, and together with this Agreement comprise the Agreement, and they are fully a part of
this Agreement as if herein repeated in full
1
2.0 COSTS
The bid costs listed in Exhibit A shall be the basis of any costs billed to the City.
3.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor
will be made within thirty (30) days of the day on which the City receives the supplies,
materials, equipment, or within thirty (3) days of the day on which the performance of
services was complete, or within thirty (30) days of the day on which the City receives a
correct invoice for the supplies, materials, equipment, or services, whichever is later.
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy, however, this
policy does not apply to payments made by the City in the event:
3.1 there is a bona fide dispute between the City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment
to be late; or
3.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
3.3 there is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered
or the services performed which causes the payment to be late; or
3.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order, or this Agreement or other such contractual agreement.
4.0 DURATION OF AGREEMENT
The term of this agreement shall be for a period of time of twelve (12) months from the date
of award. Prices shall be firm for the duration of the agreement, except as provided for in
Exhibit A Part III paragraph 3. This agreement may be renewed for up to four (4) additional
periods of time not to exceed twelve (12) months for each renewal provided the parties agree
in writing.
2
5.0 TERMINATION OF THIS AGREEMENT
Either party may cancel this contract, without penalty, by providing thirty (30) days written
notice to the other party. The City will pay the Vendor the bid price pro -rated for acceptable
service performed up to the date specified in the notice of cancellation. Within thirty (30)
days after receipt of notice of termination, the Vendor shall submit a statement, showing in
detail the services satisfactorily performed under this agreement to the date of termination.
The City will then pay the Vendor that portion of the prescribed charges.
6.0 ORDERS PLACED WITH ALTERNATE VENDORS
If the Vendor cannot provide the services ordered for a specific delivery time, the City
reserves the option to place the order with another supplier.
'7.0 TAXES
The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in charges.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to the City until the City actually
receives, takes possession, and accepts the goods at the point or points of delivery,
9.0 DELIVERY
The terms of this agreement are "no delivery, no sale ".
10.0 ASSIGNMENT
Vendor's rights and duties awarded by this agreement may not be assigned to another
without written consent of the City signed by the City's authorized agent. Such consent shall
not relieve the assignor of the liability in the event of default by the assignee.
11.0 GRATUITIES/BRIBES
The City may, by written notice to Vendor, cancel this contract without liability to Vendor if
it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or
otherwise, were offered or given by Vendor, or its agent or representative to any City officer,
employee or elected representative with respect to the performance of this agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
3
12.0 INVOICES
All invoices shall include, but not limited to, the following
12.1 Name and address of Vendor
12.2 An invoice number.
12.3 Dates of service.
12.4 Description of item(s) delivered.
12.5 Itemized prices, per unit and extended total, quantity and any special services.
13.0 INDEMNIFICATION
Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
and employees, from and against any and all claims, losses, damages, causes of action, suits,
and liability of every kind, including all expenses of litigation, court costs, and attorney's fees
for injury to any person, or for damages to any property, arising out of or in connection with
any act or omission, negligence, willful misconduct in the performance of this Agreement
done by Vendor, its officers, agents, employees, or subcontractors under this Agreement,
without regard to whether such persons are under the direction of City agents or employees.
14.0 INSURANCE
Vendor shall meet the minimum state financial responsibility requirements for the operation
of motor vehicles.
15.0 APPLICABLE LAW
This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and
warranties available to the City under this agreement or by operation of law are waived or
modified unless expressly waived or ,modified by the City in writing.
16.0 VENUE
The parties agree that venue for any litigation arising from this agreement shall lie in
Williamson County, Texas.
4
17.0 RIGHT TO ASSURANCE
Whenever one party to this agreement in good faith has reason to question the other party's
intent to perform, the questioning party may demand that the other party give written
assurance of their intent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract
18.0 MULTIPLE COUNTERPARTS
This agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this instrument, all of which, when taken together shall constitute
one and the same instrument.
19.0 ORDER OF PRECEDENCE
The order of precedence shall be as follows:
(a) This Agreement together with attachments
(b) Specification Number 19 -99 -0001, dated April 1999
(c) Bid Response
20.0 NOTICE
For the purposes of this Agreement, notices to the City shall be addressed to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664 -5299
With a copy to:
Stephan L. Sheets, City Attorney
City of Round Rock
309 East Main Street
Round Rock, Texas 78664
5
Notices will be effective upon delivery at the above addresses until the parties notify each
other, in writing, of a change in address.
IN WI S WHEREOF the parties to these pjep nts have executed this Agreement on the
day of "131.-%' cf `1
CITY OF ROUND ROCK
INC.
l
12i / �
- it i
Rob —A. Stlu a, 7r.,Maya
By:
City of Round Rock
Attest
y
Notice to Vendor shall be to:
Michelle T. Sheehan, C.E.O.
Gaston & Sheehan Auctioneers, Inc.
1420 Hwy. 685, Pflugerville, Texas 78660
NNE LAND, City Secretary
of Round Rock
6
GASTON & SHEEHAN AUCTIONEERS,
Title: ,c--0.
By: t
Name: Tae A )
Attest:
oC By�
Nam I —) c b '{ ,k)
Title: ,J:,,,,,p.A._
Bidder
ITEM d
a•rees to comply wrtn an comm •..
CLASS & ITEM DESCRIPTION
QTY
-— -
UNIT
MAKEAAODEL
UNIT
PRICE
EXTENSION
t
This is for a twelve-month contract with 4 twelve -month
extension periods for Auctioning services to include
picking up, holding and securing surplus, seized and
abandoned property in accordance with
Specification No. 19 -99 -0001, dated April 1999.
Note: Auctioneer's fee shall be stated in terms of percentage
of gross sales. 1 0 % of gross sales
Auctioneer Name: Ga s tOTt & Sheehan
Address P.O. Box 856, Pflugerville, TX
78691
Auctioneer License No.: TX 6497
Telephone Number: ( 512) 251 - 2780
Location of Storage Facilities:
1420 Hwy. 685
PflugPrvillp TX 78660
Facilities shall accommodate 500 people/buyers
Square f cotag 3 of secured storage area: 6,000 S 0 FT
; 8S i
e
3 Acres Outs_de
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, Texas 78664.5299
B10 F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
,INVL I AIIUIN rUn oiu Ural
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664 -5299
FACIMILE RESPONSES
SHALL NOT BE ACCEPTED
LOW MO ONO. DATE a
9O MEW" NLOWA LER
H.w CO.. OF scum m
ENVELOPE • s.00 .mWI
.haws 01 eporrc far.
BIDDING INFORMATION:
•
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
1 9 - 99 -0001
DATE: April 19, 1999
1 OF 1
810 NUMBER 19 -99 -0001
OPENING DATE: 5/4/99 at 3:00 P.M
810 LOCATION: 221 E. Main Street, tst Floor
Council Chambers, Round Rock, TX 78664
90 9 CNAI L SI N BELOW
Fare to sign bid eta' aaly bid
� -4 -99
Autborled Signature Date
Michelle T. Sheehan, C.E.O.
Print Name
SEE 1.6 ON BACK FOR INSTRUCTIONS;
TAXID,NO.: 75- 222 -1529
LEGAL BUSINESS NAMEGaston b. Sheehan Atsctloneers, Inc
ADDRESS: P.O. Box 856, Pflugerville, TX - 7891 -
ADORESS: 1420 Hwy. 685, Pflugerville, TX 78660
CONTACT: Bob Sheehan
TELEPHONE NO.: (512) 251 -2780
euSINE55EFfrTTY TYPE: Auctioneers - Texas`.CorpOratldn
DELIVERY IN DAYS
. "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyon
entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Fede
laws, nor communicered directly or ibkeotly, the bid made to any competitot or any other person engaged in such fine of business..
Items Below Apply To And Become A Part Of Terms And Conditions 01 Bid
Any Exceptions Thereto Must Be In Writing
1. O1DDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. It trade discount is shown on bid. it should 0e deducted and net line extensions shown. Bidder guaran-
tees product offered will meet or exceed specifications identified in this IFS.
1.2 Bids should be submitted on this form. Each bid shall be pieced in a separate enuolope completely and properly identified. See instructions on reverse side.
Bids must be In the offke of the City Purchasing Agent before the hour and dale specified on the reverse side of this IFB.
1.3 Late bids property identified will be returned to bidder unopened. Late bids will not be considered.
1.4 Quote F.O.B. destination. If otherwise, show exact cost to Deliver. Bid unit price on quantity and unit of measure specified, extend and show total. In case
of errors in extension, unit prices shall govern. Bids subject to unlimited price increase will not be considered.
1.5 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptable unless requested. Cash discount will not
be considered in determining the low bid. All cash discounts offered will be taken if earned.
1,6 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign bid will disqualify bid. Person signing bid shall show tills and authority
to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one
(1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental, Non - profit, all others shall be specified. INDIVIDUAL:
List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security
Number. ALL OTHERS: List legal name of entity and Tax Identification Number (TIN).
1.7 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid
can be withdrawn after opening lime without approval of the City based on a written acceptable reason.
1.6 The Coy is exempt from Stale Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.9 The City reserves the right to accept or reject all or any pan of bid, waive minor technicalities and award the bid to beat serve the interests of the City, Split
awards may be made at the sole discretion of the City.
1.10 Consistent and continued lie bids could cause rejection of bide by the City and/or investigation for antitrust violations.
1.11 Telephone bids and facsimile bids are not acceptable in response to this Invitation for Bids. •
1.12 CAUnON: Bid invitation allows sufficient lime for receipt of the preferred mail response. The City shall roue responsible for bide received late, illegible,
incomplete. 00 otherwse non-responsive.
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturers reference usecl in invitation for Bids is descriptive only (not restrictive), an0 is used to indicate type and quality
desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 0l the Texas Local Government
Code, 11 other than brand(s) specified Is offered, illustrations and complete deyoriplions of product offered are requested to be made a part of the bid. II bidder
lakes no exceptions to specifications or reference data in his bid, bidder will be required to furnish brand names, numbers, etc., as specified in the IFB.
2.2 All items bid shall be new, in Nat class condition, including containers suitable tar shipment and storage, unless otherwise indicated in IFB. Verbal agreements
to the contrary will not be recognized.
2.3 Samples, when requested, must be furnished tree of expense 10 the City. If not destroyed in examination, they will be returned to the bidder, on request, al
bidders expense. Each example should be marked with bidder's name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturers standard warranty shall apply unless otherwise slated in the IFB.
3. TIE BIDS:
In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days required to place malarial in City's designated location under normal conditions. Failure to stale delivery time obligates bidder
to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet
delivery promises without valid reason may cause removal from bid list. (See 4.2 following.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery dale if reasons appear valid. Contractor must keep
the City advised at all limes of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City
to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified
in me IFB.
5. INSPECTION AND TESTS:
All goods will be subject to inspection and test by me City to the extent practicable at all times and places. Authorized City personnel shall have access to
any supplier's place al business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken
from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cast of the sample used and
the cost of the testing shall be borne by the supplier, Goods which have been delivered and rejected in whole or in part may, at the City's option, be relumed
to the Vendor or held far disposition al Vendor's risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT:
A response to an 158 is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB. Bids do not become contracts
unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be governed, construed, and interpreted
under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT:
Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
6. PATENTS AND COPYRIGHTS:
The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS:
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the Slate of Texas
Tx. Bus. and Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed
from all bid lists. By signature hereon affixed. the bidder hereby certifies that:
10.1 The bidder has not. given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity. special discount,
trip, favor, or service to a public servant in connection with the submitted bid.
102 The bidder is not currently delinquent in the payment of any debt owed the City.
10.3 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has
violated the antitrust laws m this State codified in Section 15.01 et. seq.. Texas Business and Commercial Code, or the Federal Antitrust Laws. nor communicated
directly or indirectly the bid made to any competitor, or any other person engaged in such line of business.
10.4 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS:
Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form.
WARNING: Such terms and conditions may result in disqualification of the bid (e.g., bids with the laws of a state other than Texas. requirements for prepayment,
limitations on remedies, etc.). The City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular. all bidders
affirmations and certifications must be included. Submission of bids on forma other than City bid form may result in disqualification of your bid.
12. INQUIRIES:
Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
4. ABANDONMENT OR DEFAULT:
CITY OF ROUND ROCK
AUCTIONING SERVICES
PART I
GENERAL TERMS AND CONDITIONS
Page 1 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
1. PURPOSE: The City seeks a multi-year contract for auctioning services for the disposal of surplus,
seized and abandoned property. These specification herein shall become part of the resulting contract.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification
and bid document:
2.1. Bidder - Identified in Part II, paragraph 13 shall describe persons and entities that have
registered to attend the auction for the purpose of purchasing property.
2.2. Bidder identified throughout this specification, except Part II, para 13, shall describe persons and
entities that consider themselves qualified to provide auctioning services.
2.3. Buyer - Identifies a registered person or entities that has purchased item(s) at an auction.
2.4. City - Identifies the City of Round Rock, Williamson County, Texas.
2.5. Contract - A mutually binding legal document obligating the Contractor to furnish the goods,
equipment or services, and obligating the City to pay for same.
2.6. Contractor - A person or business enterprise providing goods, equipment, labor and/or services
to the City as fulfillment of obligations arising from a contract.
2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or
services to a Contractor if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a contract with the City.
1. The Contractor shall provide the facility(es), labor and equipment necessary to perform the service.
2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace
and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be
responsible and liable for the safety, injury and health of its working personnel while its employees are
performing service work.
3. The Contractor shall comply with all applicable legal requirements for conducting auction sales in the
State of Texas.
4.1. A Contractor who abandons or defaults the work on the contract and causes the City to purchase
the services elsewhere may be charge the difference in cost if any and will not be considered in
the re- advertisement of the service and may not be considered in future bids for the same type of
work unless the scope of work is significantly changed.
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
4.2. The contract is void if sold or assigned to another service company without prior written approval
of the City. Written notification of changes to company name, address, telephone number, etc.,
should be provided to the City as soon as possible but not later than 30 days from date of change.
5. RIGHT TO AUDIT: The City has the right to audit the Contractor's books and records pertaining to the
service during the hours of the normal workday.
6. COMPLIANCE WITIH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative
bodies or tribunals in any matter affecting the performance of the contract, including without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory
proof of its compliance.
7. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of
the contract and arising out of a willful or negligent act or omission of the Contractor, its officers, agents,
servants and employees.
8. INSURANCE: The successful bidder shall procure and maintain at its sole cost and expense for the duration of
the contract or purchase order resulting from a response to this bid/Specification insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of the
work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or
subcontractors.
8.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
8.2. The following standard insurance policies shall be required:
8.2.1. General Liability Policy
8.2.2. Automobile Liability Policy
8.2.3. Garage Keeper's Liability Policy
8.2.4. Worker's Compensation Policy
8.3. The following general requirements are applicable to all policies:
8.3.1. Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
8.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a
per occurrence basis for property damage only.
8.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
8.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City
8.4. Policies shall include, but not be limited to, the following minimum limits:
8.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
8.4.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
Page 2 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
8.4.3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with
minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each
occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence.
8.4.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
8.4.5. Coverage shall be maintained for two years minimum after the termination of the
Contract.
8.5. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise
reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof.
All insurance and bonds shall meet the requirements of the bid specification and the insurance
endorsements stated below.
8.6. Contractor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment,
the following provisions:
8.6.1. Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary.
8.6.2. Name the City and its officers, employees, and elected officials as additional insureds,
(as the interest of each insured may appear) as to all applicable coverage.
8.6.3. Provide thirty days notice to the City of cancellation, non - renewal, or material
changes.
8.6.3.1. Remove all language on the certificate of insurance indicating:
8.6.3.1.1. That the insurance company or agent/broker shall endeavor to
notify the City; and,
8.6.3.1.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
8.6.4. Provide for notice to the City at the addresses listed below by registered mail.
Contractor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance.
8.6.5. Provide that all provisions of this contract concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within applicable
policies.
8.6.6. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
Page 3 of 9
8.6.7. Contractor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which notice
shall be accomplished by a replacement Certificate of Insurance.
8.6.8. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664 -5299
PART II
SPECIFICATIONS
Page 4 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664
8.6.9. Approval, disapproval, or failure to act by the City regarding any insurance supplied
by the Contractor shall not relieve the Contractor of full responsibility or liability
for damages and accidents as set forth in the these requirements. Neither shall
bankruptcy, insolvency, or denial of liability by the insurance company relieve the
Contractor from liability.
8.6.10. If the Contractor employs, contracts with or otherwise permits any other individual
or entity to perform any of the obligations of the Contractor, then any and all of
these individual or entities shall be bound by the same insurance requirements as
the successful bidder.
10. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens
and encumbrances for all labor, good and services which may be provided under the City's request by
Contractor or subcontractors and if the City requests, a proper release of all liens or satisfactory evidence
of freedom from liens shall be delivered to the City.
11. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
contract shall lie in Williamson County.
12. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of the
City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance
that the City from time to time may have in force and effect.
1. SCOPE: This specification describes auctioning services to dispose of surplus, seized and abandoned
property. Services shall include, but not limited to picking up, holding, securing and auctioning off such
property to the general public within a specified time period. The successful bidder shall be a licensed
Auctioneer in the business of providing the auctioning services identified herein. NOTE: These services
shall not include real property.
2. INTENT: It is the intent of the City to establish a multiple year contract with a responsible bidder to
provide auctioning services as specified. The initial contract shall be for a twelve -month period with four
consecutive twelve -month extension periods, as mutually agreed upon.
3. CITY PREVIEW OF RESPONSIBILITY:
3.1. The City will furnish the Contractor with an itemized list of all property for auction.
3.2. The City may, at its option, withdraw and retrieve any item prior to date of sale.
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
3.3. The City retains the right to set a minimum bid amount on select equipment and items.
3.4. The City reserves the right to sell, on its own, dispose of, or transfer to other governmental
agencies any item it chooses not to be sold by the auctioneer.
4. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of
such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible
bidder from information submitted with the bid. All bidders shall furnish the following information at a
minimum:
4.1. It is recognized that an Auctioneer's local "following" or clientele is of utmost importance in
promoting active bidding and high sales return; therefore, the term "local experience" shall be
defined as including the State Of Texas.
4.2. Auctioneer License: Bidder shall provide proof of current license certified by the State of Texas
for Auction Services.
4.3. References: Provide the name, address, telephone number and point of contract of at least three
completed commercial auction references. References shall be for completed projects that are
similar in scope of service (Government preferred) to that being required in this specification.
Any negative responses received may result in disqualification of bid.
4.4. Identify any subcontractors to be used for this service. Experience, qualifications and references
of the subcontractors shall be submitted. The City shall approve all subcontractors prior to any
work being performed.
5. SITE VISITS: The City and/or their representatives will have the right to visit and inspect the bidders
facility any reasonable time prior to award and/or to conduct unannounced visits during the performance
of the service.
6. FACILITIES: The Contractor shall provide a properly zoned, fenced, graveled or hard surfaced, secured
sales and storage building(s) and/or lot(s) located within a 30 mile radius of the City of Round Rock, TX.
7. PROPERTY PICK -UP: The Contractor shall pick -up property from designated locations as specified by
the City's representative.
NOTE: CITY OWNED EQUIPMENT SHALL NOT BE USED FOR ANY REASON WHILE
BEING STORED WAITING SALE.
8. ADVERTISING AUCTION: The Contractor shall, without cost to the City, arrange publication of
auction advertisements. Contractor shall publicize the auction in the Round Rock Leader, the Austin
American Statesman a minimum of once per sale. The public notice shall be advertised a minimum of 5
days prior to the date of each sale and shall include "Terms and Conditions of Sales" as specified in
Paragraph 13, Part II. Auction brochures shall be mailed to prospective bidders on the Auctioneers
mailing list.
9. PROPERTY TURN -OVER: Property shall be auctioned not later than 120 days after it as been received
by the Contractor for disposal.
10. PROPERTY SALES: Property provided to the Contractor for auction shall be auctioned "As Is
Condition" without warranty.
Page 5 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
11. VEHICLES AND EOUIPMENT: Vehicles and equipment shall be operated only by qualified
Contractor's personnel at the time of pick -up from City locations and on the day of sale for the purpose of
driving them through the auction line.
12. AUCTNEERING RESPONSIBLITIES: The Contractor shall:
12.1. Coordinate auctions with the City at least 30 days before an auction is held.
12.2. Register prospective buyers and provide any handouts necessary for the efficient conduct of each
auction including, but not limited to buyer's identification tag.
12.3. Include the contents of "Terms and Conditions of Sale" referenced in paragraph 13, Part II in all
advertisements.
12.4. Provide a full time licensed professional auctioneer to conduct all auctions.
12.5. Provide a minimum of two persons to register all interested buyers at all auctions.
12.6. Provide a clerk to log prices and buyers during the auctions.
12.7. Provide sufficient staff at each auction to monitor buyers and to maintain adequate records.
12.8. Comply with all applicable legal requirements for conducting auction sales in the State of Texas.
12.9. Contractor shall be responsible for ensuring safe business practices are utilized to ensure the
safety of the general public. Equipment shall be started only. Units shall not be moved, driven
by prospective buyers or non - qualified personnel.
13. DOCUMENTATION REOUIRED: The Contractor shall provide the City within three working days
following a sale, copies of the following:
13.1. Three copies of statement indicating all revenue (the total amount of sales collected), sales tax
due and grand total plus all of the proceeds due for each complete auction.
13.2. Itemize list of total amounts purchased by each buyer and total due per each buyer plus a grand
total of sales, sales tax and total due.
13.3. A list of all buyers that registered for each auction by buyer number order. This list shall include
name and mailing address for each buyer.
13.4. A list in lot number order showing buyer, a description of all items sold, the quantity of each lot,
the amount paid for each item, and the amount paid for each lot.
14. SALES, BUSINESS RECORDS AND AUDITS:
14.1. Contractor shall promptly record each sale in writing an in accordance with generally accepted
principles for operation of auction houses showing the minimum bid, the amount of the
successful bid, the name, address and telephone number of the buyer, and the date of the sale.
14.2. During the term of the contract, the Contractor shall maintain the City's auction records for each
day; thereof, in accordance with generally accepted accounting principles, a full, complete and
accurate permanent record, an account of all sales and of all sums of money paid or payable for
or on account or arising out of business transactions conducted on behalf of the City. Such
records shall include, but not be limited to sales slips, customer credit records, cash register
tapes, invoices, bank account records and other documents of business, herein after referred to as
"business records", Contractor shall be responsible for any returned checks used for the purchase
of City property.
14.3. Contractor shall preserve such business records and supporting documents for a 36 month period
after the expiration of each 12 month period.
Page 6 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
14.4. Upon request by the City, Contractor shall deliver within 72 hours such business record to the
City or its designated agent or representative for the purpose of having Contractor's business
audited. Contractor specifically authorized for the City, its employees, agents and designated
representatives to conduct an audit of the business and agrees to fully assist the City where ever
possible.
14.5. The City reserves the right as part of its audit, to duplicate and retain copies of contractors
business records.
15. REPORTS: The Contractor shall provide a monthly statement that list all property sold, the sales price of
each item, the names and addresses of the buyers and the total of all costs to the City with respect to the
auction.
16. TERMS AND CONDITION OF SALE:
16.1. All bidders are required to register prior to the auction. The auctioneer shall have the right to
reject the bid from anyone who is not registered
16.2. The City reserves the right to refuse any bid considered unreasonable.
16.3. Registered bidders with tax exempt status shall include the tax exempt number on the registration
form. NOTE: THE SALES TAX CANNOT BE REIMBURSED ONCE TILE SALE IS
COMPLETE.
16.4. Unless otherwise advertised and stated prior to the auction, all purchases shall be paid in full at
close of sale by cash, cashier's check, or personal/company check accompanied by Bank's "Letter
of Guarantee ". Bidders shall present letters of guarantee at time of registration.
16.5. Buyer tags shall be issued the day of the auction to all registered bidders.
16.6. At the time of the sale, the buyer's number and the price of item sold is announced by the
auctioneer. The auctioneer is the only authorized person to make changes in price or quantity
and at this time only.
16.7. The City reserves the right to withdraw items from the sale even after they are advertised.
16.8. Announcements made by the auctioneer on the day of the sale take precedence over any printed
matter pertaining to the auction.
16.9. Each lot/item shall be sold "As Is, Where Is ", with all faults and defects. No warranties as to
condition, fitness of use, or merchantability are intended or implied. Bidders shall be responsible
for closely checking each item and buyers should understand that they are buying the property
entirely upon their own examination or opinion, not withstanding comments, verbal or written, to
the contrary.
16.10. Each lot/item purchased immediately becomes the responsibility of the buyer at the time the
auctioneer deems the lot/item sold.
16.11. The buyer is responsible for removal of equipment from the auction yard, building or storage
area. The City will not provide towing, lifting or loading services.
16.12. City employees and their immediate family members shall be perrnitted to bid.
Page 7 of 9
1. CONTRACT: The contract resulting from this bid shall contain, but not be limited to the following term
and conditions:
PART III
CONTRACT TERMS AND CONDITIONS
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
The initial contract term shall be for twelve consecutive months with the option thereafter to
extend the contract four additional consecutive twelve -month periods as mutually agreed upon by
the Contractor and the City.
1.2. The City reserves the right to review the Contractor's performance at the end of each period and
cancel all or part of the contract or continue the contract through the next period.
2. EXTENSIONS: The contract may be renewed for an additional period of time not to exceed the original
service period, provided both parties agree to do so prior to the expiration date of the contract. Contract
extension(s) shall be for the original price, terms and conditions plus any approved changes
3. PRICE: The contract price percentage bid for Auctioneer Services shall be firm for the duration of the
contract or extension periods. No separate line item charges shall be permitted for either bidding or
invoice purposes, which shall include equipment rental, demurrage, cost associated with obtaining permits
or any other extraneous charges.
4. CANCELLATION: Either party may cancel the contract, without penalty, by providing 30 days prior
written notice to the other party. Termination under this paragraph shall not relieve the Contractor of any
obligation or liability that has occurred prior to cancellation. NOTE: This contract is subject to
cancellation, without penalty, at any time the City deems the Contractor to be non - compliant with
contractual obligations.
4.1. The contract may be canceled if three major complaints of substandard performance are received in the
same month from the same division/department. The City retains the right to determine what
constitutes a major complaint.
5. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and
verified by the Purchasing Department designee noted below.
Carolyn Brooks at 512-218-5457
6. INVOICING AND PAYMENTS: Payment shall be based on the percentage quoted for Auctioneer
Services and the total gross sales for property sold at Auction. The Contractor shall collect the proceeds
for the sale and submit proceeds with sales receipts and monthly invoice to the address listed below. If no
action sales are completed during any month a negative sales report shall be provided to the City.
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664 -5299
Page 8 of 9
SPECIFICATION NO.
19 -99 -0001
DATED: APRIL 1999
7. POMPT PAYMENT POLICY: Payments ni11 be made within thirty days after the city receives the
supplies, materials, equipment, or the day on which the performance of services was completed or the day
on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever
is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by
Texas law) for payments not made in accordance with this prompt payment policy; however, this policy
does not apply to payments made by the City in the event:
7.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials,
or equipment delivered or the services performed that causes the payment to be late; or
7.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
7.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor
and its suppliers concerning supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
7.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or contract or other such contractual agreement.
Page 9 of 9
DATE: June 21, 1999
SUBJECT: City Council Meeting — June 24, 1999
ITEM: 10.D.2. Consider a resolution authorizing the Mayor to execute an
agreement with Gaston and Sheehan for auctioning services. The
auction will be for found and abandoned property and unused assets of
the City. Staff Resource Person: Paul Conner, Chief of Police.