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HomeMy WebLinkAboutMINUTES - 03142006 - C.42 s L TO: BOARD OF SUPERVISORS '`==�; ``�-�'��°'� Contra FROM: Warren E. Sheriff,Rup f .�- � Contra Costa County STANDARD CONTRACT Number: Standard Form L-1 (Purchase of Services — Long Form) Fund/Org #: 2535 Revised 2002 Account#: 2310 Other#: 1. Contract Identification. Department: Office of the Sheriff Subject: Towing/Storage/Auction of Seized Vehicles 2. Parties: The County of Contra Costa, California (County), for its Department named above, and the following named contractor mutually agree and promise as follows: Contractor: Nationwide Auction Systems Capacity: Corporation Address: One Oak Road Benicia, CA 94510-2910 3. Term. The effective date of this Contract is January 1, 2006 It terminates on December 31, 2006 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this contract shall not exceed $50,000.00 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: L-1 (Page 1 of 2) Stendard Form L-1 (Purchase of Services- Long Form) Revised 2002 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Government Code Sections 26227 and 31000 10. Signatures. These signatures attest to the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By: By: Chairman/Designee Deputy CONTRACTOR NamEDUess' ntity/UH-Tlowu�id� o� si 'die of business entity By: SVP �► By: L� dividual or officer) (Signature of indly r officer) Fin 9-c&A kb (Print name and title A, if applicable) (Print name and title B, if a livable) Note to Contractor: For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporation Code Section 313). AU signatures must be acknowledged as set forth on form L-2. Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form Ir2 (Purchase of Services - Dong Form) Revised 2002 APPROVALS RECOMNff—NTDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL C By: By. "Desig�e D putt' APPROVED: COUNTY ADME TISTRATOR By. Designee ACKNOWLEDGMENT STATE OF CALIFORNLA, ) 50C.Aw1 p } ss. On --X IN� �. , before me, A,j A, aAc-to u*t insert name and title of the 81 icer),personally appeared E LJ P o 9=&&A personally known to me prove tome- ^"the b : to be the person} whose name(€? is/aFo subscribed to the vvittun instrument and acl noxiiedged to me that he/sly/ -executed the same in his/Ueei,'t4eir-authorized capacigr(ies), and that by his/#er/d;te�signahire(O on the instrument the person(, or the entity upon behalf of which the person(.R}acted, executed the instrument. ANA RAMOS Commmion#1501008 NVITIN ESS 'DIY HAND AND OFFICIAL SEAL. �emyComm.Explw Notary Public-Callfomia � Solan County Aug 11.2008 CA�CA� (Seal) Sign-Are AC:IiNOVAIEDGIMEh"r(by Corporation,Partue,sbip,or IndividuaD (C fl Code 9"1185) L-2 ( Page 1 of 1) Contra Costa County Standard Form L-3 Revised 2002 SERVICE PLAN 1. Contractor's Obligations. a. As requested by the Contra Costa County Office of the Sheriff, contractor will transport forfeited vehicles and miscellaneous personal property for storage or seizure sight to auction site. b. Physically arrange vehicles and miscellaneous property prior to auction date. c. Keep all necessary records, provide the Office of the Sheriff with copies of sales receipts that show vehicle ID number, description, sales price, date sold and buyer signature. Prepare and submit DMV forms for"Odometer Mileage Statement" and Notice of DMV forms, Release of Liability, and provide copies to the Office of the Sheriff. Contractor is responsible for disclosure of DMV fees to purchaser. Title will normally be processed from Court papers supplied by the Contra Costa County District Attorney's Office. d. If any seized property or conveyance is not forfeited by court order, or other authorized decision, no transportation or storage fees will be assessed to the seizing agency. Agreed upon efforts will be made to collect reasonable transportation-storage fees from the registered owner when appropriate. e. Contractor will make all sales at the auction to the highest bidder and all such sales must be for cash, cashier's check, traveler's check, money order or a check guaranteed by a bank letter of credit. f. Collect and process all deposits and proceeds g. Provide a summary statement "Final Auction Results" to the Office of the Sheriff accompanied by payment of those gross proceeds of sale owed to the Office of the Sheriff no later than twenty (20) working days after the auction date. Payment shall be made payable to the Office of the Sheriff and delivered through U.S. mail to the Contra Costa County Office of the Sheriff, P. 0. Box 391, Martinez, CA 94553, g. Contractor shall comply with all pertinent provisions of the Bulk Sales Laws and regulations of the State of California, including but not necessarily limited to, obtaining all necessary licenses and permits, posting required bonds, payment of all fees and expenses thereof and publicizing the sale. Page 1 h. Contractor shall provide an agreed upon reasonable quantity of auction brochures to the Office of the Sheriff. 2. AUCTION REQUIREMENTS: a. Sale will be open to the general public and there will be no fee to participate as a potential buyer. b. Sale of seized vehicles and miscellaneous property will be made only to the highest responsible bidder. c. Unless otherwise directed by the Office of the Sheriff, unsold vehicles and miscellaneous property will be rescheduled and attempted to be sold at the next available auction. Payment Provisions. COMPENSATION OF AUCTIONEER: A. Commission: A seven percent(7%) commission fee on auction sales price. on all vehicles, air and water craft, heavy equipment and a twenty percent (20%) commission fee on all jewelry, coins, art, precious metals, electronic equipment, collectibles and other miscellaneous items. B. STORAGE, TRANSPORTATION CHARGES, AND OTHER SERVICES: 1. Vehicle Storage: 0-6 months 0.00 per unit After 6 months $3.00/day outside $5.00/day inside 2. Standard Towing/Transportation Free 3. Lowbed Trailer Service Actual cost or $250.00 flat fee whichever is lower 4. Personal Property Transportation and Storage Actual cost or $200 per 20' X 40' box container load 5. Outside Wash Service Free per vehicle Page 2 6. Detailing Fee $65.00 per vehicle (inside/outside, carpet and engine clean) prior to sale 7. Safety Check $75.00 per vehicle State law requires that each vehicle be safety checked prior to auctioning to the public. 8. Smog Check and Certification Free Cost is passed on to the buyer at the auction. If additional repairs are required to pass smog, then prior approval will be obtained from the Office of the Sheriff prior to the repair. C. All charges as abovementioned and for other requested and authorized services provided to the Office of the Sheriff will be advanced by Contractor and deducted from auction proceeds. If the decision of the courts is to return the assets held in storage to the defendants, the Office of the Sheriff will exert every effort to convince the judicial court system that the abovementioned advances and/or charges made by Contractor against the assets held in storage be paid by the defendant(s) and if the Office of the Sheriff is successful, then the defendant pays for all charges retroactive to the date of the assets' arrival at the Contractor's facility. If the Office of the Sheriff is unsuccessful and the leg_al proceedings are within 6 months (180 days) from the date of the asset arrival at Contractor' s facility, then all the above-mentioned charges and advances will be waived, and the property will be available for pick up by the defendant(s) at Contractor's facility at no cost to either defendant(s) or the Office of the Sheriff. Total Payments to Contractor not to exceed: $50,000.00 Initials: ontractor Cou y Page 3 Contra Costa County GENERAL CONDITIONS ,Standard Form L-5 (Purchase of Services-Long Form Revised 2003 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal,state and local lavvs and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages,hours and conditions of employment,including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring,inspection,review and audit by authorized representatives of the County,the State of California,and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractors final payment demand or final Cost Report;for any further period that is required by law;and until all federal/state audits are complete and exceptions resolved for this contract's funding period.Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government b. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon wTitten request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives,the subcontract and books,documents,and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors,assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report This section shall apply only if the payment limit under this Contract exceeds $5,000. .5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party,in its sole discretion,upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. L,5 (Page 1 of 6) Contra Costa County GENERAL CONDITIONS Standard Form U5 (Purchase of Services-Long Form) Revised 2003 b. Failure to Perform. County,upon written notice to Contractor,may immediately terminate this Contractshould Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. c. Cessation of Funding. Notwithstanding Paragraph 5.a.above,in the event that federal,state,or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements maybe approved and signed by the head of the county department for which this Contract is made or its designee. S. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or,after Board approval,by its designee,subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and die Service Plan maybe amended by a written administrative amendment executed by Contractor and the County Administrator(or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning die meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made,or his designee,or in accordance with the applicable procedures(if any)required by the state or federal government 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State of California. Lr5 (Page 2 of 6) Initials: eontract., Countv Dent. Contra:Costa County GENERAL CONDITIONS Standard Form Ir5 (Purchase of Services-Long Form) Revised 2003 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes)of these General Conditions,inspections or approvals,or statements by any officer, agent or employee of County indicating Contractors performance or any part thereof complies with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor,or any combination of these acts, shall not relieve Contractor's obligation to fulfill diis Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract 13. Subcontract and Assignment This Contract binds the heirs,successors, assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership,joint venture or association. 15. Conflicts of Interest Contractor,its officers,partners,associates,agents,and employees,shall not make,participate in making,or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to,the identity of persons served under this Contract, their records, or services provided them,and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed,any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other dian as authorized by law may be guilty of a misdemeanor. 1.7. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages,from any cause whatsoever arising ' ec or indirectly from or connected with Ir5 (Page 3 of 6) Initials: Co tractor Couniv Dept. Contra'Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures,including reasonable attomeys'fees,County may make by reason of the matters that are the subject of this indemnification, and,if requested by County,will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep iu effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liabilitv Insurance. For all contracts where the total payment limit of the contract is$500,000 or less,Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles,with a minimum combined single limit coverage of$500,000 for all damages,including consequential damages,due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement Said policies shall constitute primary insurance as to County,the state and federal governments,and their officers,agents,and employees, so that other insurance policies held by them or their self-insurance program(s)shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable,all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers'Compensation. Contractor shall provide workers'compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with(a)certificate(s)of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractors address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery,except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. L-5 (Page 4 of 6) Initials: Aotrtact—or (oulniv bent. .Contra Costa County GENERAL CONDITIONS Standard Form 1,5 (Purchase of Services-Long Form) Revised 2003 22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest If this Contract results in Contractor having possession of,claim or right to the possession of land or improvements,but does not vest ownership of the land or improvements in the same person,or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-parry beneficiaries of the obligations assumed by either party to this Contract 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, County reserves the right to copyright, and Contractor agrees not to copyright, such material. If the material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractors presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers,or others who may be audlorized by the Board of Supervisors or by law to receive such dews. 27. Required Audit (A) If Contractor is funded by $500,000 or more in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor shall provide to County at Contractors expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- 133. (B) If Contractor is funded by less than$500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be requped by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO), the pass-tl ou entity and/or the County. If any 1,5 (Page 5 of 6) Initials: U ntrartnr ('nllnty r)pnt Contr2t Costa County GENERAL CONDI'T'IONS Standard Form 1-5 (Purchase of Services-Long Form) Revised 2003 such audit is required, Contractor shall provide County with such audit With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. Lr5 (Page 6 of 6) Initials: Co tractor County Dept.