Loading...
14-R-80 - PropertyRoom.comORIGINAL RESOLUTION NO. 14 -R -80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH PROPERTYROOM.COM, INC. AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz, Texas (the "City"), owns certain City vehicles that are no longer operational and need to be sold; WHEREAS, the City also stores certain abandoned, seized, forfeited, and impounded vehicles and equipment that cannot be sold until released by the appropriate court for disposition in accordance with State Law; WHEREAS, PropertyRoom.com specializes in auction services for government vehicles and property; and WHEREAS, the City Council (the "City Council ") of the City has determined that it is in the best interest of the City to enter into an agreement with PropertyRoom.com for the disposition of certain City-owned property; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Property Disposition Service Agreement and related documentation in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the Property Disposition Service Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 16 "' day of September, 2014. CITY O TZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - copy5257 Buckeystown Pike, Suite 475 City of Schertz Frederick, MD 21704 PROPERTYROOM.coM Tel: 240.751. 9123 Fax: 240.23230.00 229 9 1400 Schertz Parkway City, State, Zip Signature Date: Schertz, Texas 78154 Telephone: Automatic Renewal: 210- 619 -1000 Yes ❑ No X Federal Tax ID: 96- 0962102 Property Disposition Service Agreement Version date: 2014 -June Owner Name: NJPA Agreement: City of Schertz Yes ❑ No X Mailing Address: NJPA Member #: N/A 1400 Schertz Parkway City, State, Zip Signature Date: Schertz, Texas 78154 Telephone: Automatic Renewal: 210- 619 -1000 Yes ❑ No X Fax: Expiration Date: (if not automatic 210- 619 -1849 renewal) One Year Primary Contact Name: Jon Hershman, Nancy Tumlinson, and Primary Contact Email: Jerry McFarland iharshman(o�schertz.com Primary Contact Phone: 210 - 619 -1000 ntumlinsonPschertz.com imcfarlandPschertz. com This agreement ( "Agreement ") documents the terms and conditions under which PropertyRoom.com, Inc., a Delaware corporation ( "Contractor), will provide storage, auction and disposition services ( "Services ") on behalf of owner named above ( "Owner'). At request of Owner, Contractor agrees to establish separate accounts under the terms of this Agreement for any other departments or agencies related to Owner for purposes of complying with Owner's financial accounting requirements. Contractor also recognizes the common practice in many jurisdictions to permit related agencies the opportunity to use the services in this Agreement (to "Piggyback ") according to the terms and pricing contained herein. Contractor further stipulates that any municipal, county, or state governmental agency located in the same stale as Owner may also Piggyback this Agreement. Owner acknowledges Contractor has advised Owner about Contractor's nationally awarded contract vendor status from the National Joint Powers Alliance ( "NJPA ") for Services described in this Agreement, and Owner can obtain complete details of the related RFP process at www.NJPAcoop.org. This Agreement comprises the entire agreement between Contractor and Owner relating to the storage, auction and disposition of property and supersedes any prior understandings, agreements, or representations by or between the parties, be they written or oral. PropertyRoom.com P a g e 11 of 7 PropertyRoom.com Property Disposition Service Agreement 1. Items Requiring Services. Owner will designate items of property ( "Property ") it desires to provide to Contractor for Services. For the sake of clarity, in this Agreement, Property means smaller items, such as jewelry, electronics, bicycles and surplus spare parts, as well as larger items, such as cars, trucks, planes or industrial compressors. Contractor retains the right to accept or reject certain Property in its sole discretion. 2. Title to Property. Owner shall retain legal title to Property until it is purchased by auction or otherwise disposed of in accordance with the Agreement, at which time Owner will be deemed to have transferred title to the purchaser or other acquirer of the Property (the "Buyer "). Owner appoints Contractor as its representative and instrumentality to hold and offer for sale on Owners behalf the Property, in accordance with this Agreement. Owner appoints Contractor as its attorney -in -fact to sign any and all documents necessary to assign to Buyers all of Owners right, title and interest in and to Property sold or disposed. Owner's Property shall, at all times before sale or disposition, be subject to the direction and control of Owner. Cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every kind, arising out of the sales and dispositions of Property (collectively the "Proceeds ") belong to Owner, subject to payment of amounts owed by Owner to Contractor and to third parties pursuant to this Agreement, which amounts shall be disbursed by Contractor on behalf of Owner as provided herein. 3. Services Offered. Contractor offers four Services for storage, auction and disposition of Property. Owner may use all or any combination of Services depending on Owner's needs as well as the type and nature of Property. Descriptions below summarize the four Services. As and when applicable, for all four Services, Contractor agrees to use commercially reasonable efforts to store and auction Property as well as to dispose of Property not purchased at auction, subject to the ultimate control of Owner. Contractor shall sell and dispose of Property "as is" without any liability to Owner. Contractor is solely responsible for identifying and resolving sales and use tax issues arising from Property sales, including charging, collecting and remitting such taxes. a. Portable Service. The Portable Service applies to Property items small enough to be picked -up and loaded onto box trucks. Contractor will, on Owners behalf as its representative, pick -up, test (if applicable and practicable), erase or destroy (in the case of electronic goods) hard disks and SIM cards, photograph, research, store, and list Property for sale by internet auction to the public on one or more domains selected by Contractor. Typical Property processed under the Portable Service include law enforcement property and evidence items approved for disposition, seized items, municipal surplus, and abandoned property as well as lost and found items. b. Gold Service. The Gold Service applies to Property items too large for pick -up in a box truck and for which Owner agrees to auction -in- place. At Owner's request, Contractor will list such Property for sale by internet auction to the public on one or more domains selected by Contractor. Contractor will use descriptions and digital photographs supplied by Owner. For the sake of clarity, with Gold Service, Contractor will not pick -up and store Property but rather Owner will maintain physical control until transfer of title to Buyers. Contractor will complete auctions and collect funds from Buyers and then provide Owner and Buyers mutual contact information to facilitate Property pick -up by Buyers. Typical Property processed under the Gold Service includes cars and trucks located too far from storage yards to make it economically feasible to tow; additional items include large compressors, generators, etc. c. Titanium Service. The Titanium Service applies to Property vehicles seized and or impounded by law enforcement agencies. At Owner's request, Contractor will receive tows of seized and impounded vehicles at local yard facilities ( "Yards "), storing vehicles while awaiting Owner decision on whether to release a vehicle to a citizen or send to auction. For release -to- citizen vehicles ( "Released Vehicles "), Contractor will process paperwork and collect storage fees from citizens. Alternatively, Contractor will, on Owner's behalf as its representative, clean, photograph, store and list the Property for sale by internet auction to the public. Contractor offers Titanium Services in conjunction with subcontractor, Copart, Inc., a publicly traded company ( "Subcontractor ") with approximately 150 Yards around the U.S. PropertyRoom.com Page 12of7 PropertyRoom.com Property Disposition Service Agreement d. Platinum Service. The Platinum Service applies to the auctioning of municipal fleet vehicles and surplus equipment, i.e., Property. At Owner's request, Contractor will tow the Property to, or take delivery at Yards. Contractor will, on Owner's behalf as its representative, tow, verity drivability, clean, photograph, store and list Property for sale by internet auction to the public. Contractor offers Platinum Services in conjunction with Subcontractor. Typical Property sold under this service include municipal fleet vehicles such as automobiles and light trucks as well as specialty equipment such as fire trucks, ambulances, trash collection trucks, and other large public works equipment. 4. Term and Termination. a. The Agreement will become effective upon signature by the parties (the "Signature Date") and, as indicated in the top section of this Agreement, will continue for either: (1) An initial term of 1 -year from the Signature Date and thereafter will automatically renew for consecutive 1 -year terms unless written notice of non - renewal is provided by either party to the other at least 60 days prior to the expiration of the then current term; or (2) An initial term specified by the Owner of at least 1 -year, after which a renewal agreement will be required by the Owner. If Owner selects this option, Contractor will send Owner a Notice of Renewal 60 days prior to Agreement expiration. b. The Agreement may be terminated by either party upon 30 days prior written notice to the other party. c. The rights of the parties to terminate the Agreement are not exclusive of any other rights and remedies available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies. d. Notwithstanding any termination by either party of the Agreement, Contractor will continue to remit Proceeds arising under the Agreement (net of amounts owed by Owner to Contractor and to third parties pursuant to the Agreement) in connection with any sales made before the effective date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by Contractor or disposed on behalf of Owner or returned to Owner, at Owners election and cost. 5. Allocation of Sales Proceeds. For all Services, "Winning Bid" means the highest amount committed and paid by any auction participant ( "Buyer ") for a Property item sold. For the sake of clarity, Winning Bid does not include shipping, buyer or other fees, nor does Winning Bid mean or include an amount that a Buyer commits to pay but later fails to pay. a. Portable Service (1) Sales Price. Total Proceeds paid by Buyer shall be called "Sales Price." Sales Price shall include the Winning Bid plus fees (the "Fees"), such as shipping and handling, taxes, and insurance costs associated with the transaction and paid by Buyer. (2) Transaction Costs. Contractor shall utilize Fees, and not the Winning Bid, to pay or remit costs for shipping and handling, taxes, and insurance. (3) Contractor Commission. For each item of Property, Owner will pay to Contractor a fee (the "Contractor Commission ") equal to 50% of the first $1,000 of the Winning Bid and 25% of the Winning Bid portion, if any, that exceeds $1,000. The amount of the Winning Bid remaining after deduction and payment of the Contractor Commission will be called "Owner's Gross Proceeds ". (4) Processing Costs. Credit card processing costs ( "Credit Card Cost ") and affiliate processing fees (the "Affiliate Fees," which include commissions and processing costs paid to third parties if such a third party sent the winning bidder to the website), will be borne by Owner and Contractor in proportion to the ratio of Owner's Gross Proceeds to Contractor Commission. Owners portion of Credit Card Cost and Affiliate Fees (collectively, the "Processing Costs ") will be paid by Contractor to applicable third parties on Owner's behalf. (5) Net Proceeds. "Owner's Net Proceeds" shall mean the amount of the Winning Bid paid to Owner after deduction and payment of Contractor Commission and Processing Costs. PropertyRoom.com Page j3of7 PropertyRoom.com Property Disposition Service Agreement (6) Fuel Surcharge. For Portable Services, Contractor does not charge pick -up fees, hourly labor rates or mileage charges. However, if and when fuel prices rise above a level as shown in the schedule below, a fuel surcharge ( "Fuel Surcharge ") will be paid to Contractor out of Owners Net Proceeds for each manifest of Portable items. Contractor tracks benchmark average retail diesel prices as published online by the Energy Information Administration of the U.S. Department of Energy and resets the Fuel Surcharge quarterly based on average weekly pricing from the prior quarter. Fuel Surcharges, if any, are deducted from monthly Owners Net Proceeds. Fuel Surcharge Schedule tt < $ 2.50 $ 0.00 $ 2.50 to $ 2.99 $ 12.40 $ 3.00 to $ 3.49 $ 24.80 $ 3.50 to $ 3.99 $ 37.20 $ 4.00 to $ 4.49 $ 49.60** * Divides across locations and /or sub - accounts picked -up same day ** Table continues at same rate of $12.40 increments per $0.50 per gal change in Retail Diesel. (7) Disposal. To the extent that Property is not sold by auction, Contractor will dispose of Property in a commercially reasonable manner, including, but not limited to, sending to recycling, landfill, or scrap processor. Owner understands and agrees: (a) For Property not sold by Auction, disposition activities create additional Contractor processing costs (the "Disposal Costs ") and potentially a disposition Sales Price (the "Disposition Proceeds "). (b) Disposal Costs include, but are not limited to, labor cost of reloading Property onto a truck, labor and vehicle costs associated with transporting Property for disposition, and third -party fees, such as landfill, recycling, and hazardous material disposal fees. (c) Disposition Proceeds include, but are not limited to, a Sales Price obtained for scrap metal. (d) Contractor will bear the burden of Disposal Costs. (e) Contractor will retain Disposition Proceeds, if any, as an offset to Disposal Costs, except if Disposition Proceeds for an item of Owner Property exceed $250, in which case Owner shall be entitled to retain a portion of Disposition Proceeds calculated in accordance with Section 5a above, provided that Disposition Proceeds will be deemed be equivalent to "Winning Bid" and the Disposal Costs will be deducted as a processing cost under Section 5a(4) above. b. Gold Service (1) Sales Price, Transaction Costs, Processing Costs & Net Proceeds. Same as in 5a(1), 5a(2), 5a(4) and 5a(5). (2) Contractor Commission. For each item of Property sold at auction, Owner will pay to Contractor a fee equal to 5% of the Winning Bid. In addition, Contractor will separately charge Buyer a 15% buyers premium paid directly to Contractor by Buyer (the "Buyer's Premium "). c. Titanium Service. Owner will pay Contractor a "Contractor Commission ", 'Tow Fees ", and "Storage Fees" as described below (1) Contractor Commission. For each item of Property sold at auction, Owner will pay to Contractor a fee equal to 12.5% of the Winning Bid. (2) Tow Fees. For vehicles that can be hauled on a standard vehicle transporter, such as automobiles and light trucks, tow services are provided for free within thirty nautical miles of any Yard. A $10 tow fee applies for every additional 10 nautical miles, or portion thereof, over PropertyRoom.com Page 1 4 of 7 PropertyRoom.com Property Disposition Service Agreement the first 30 free nautical miles. For over -sized vehicle tows (e.g., cranes, buses, backhoes, etc.) Contractor will seek competitive bids from several haulers and Owner may choose which company to use. In addition, fees for acquiring titles on behalf of Owner, if any, will be borne entirely by Owner. (3) Buyer Fees. Subcontractor will charge fees to Buyers for additional services, such as lot access, vehicle loading assistance, shipping and transportation, and other services. (4) Storage Fees. For Owner vehicles sold at auction, daily storage fees ( "Owner Storage Fees) equal $5.00 per vehicle per day. For Release Vehicles, daily storage fees ( "Citizen Storage Fees') equal $10.00 per vehicle per day. Owner has the right to charge citizens higher storage fees for Release Vehicles and Contractor will collect such fees along with other citizen fees set by Owner, such as tow charges, administrative charges, court processing fees, etc. ( "Citizen Payments "). (5) Net Proceeds. "Owner's Net Proceeds" shall mean the amount of the Winning Bid plus Citizen Payments (if any) paid to Owner after deduction and payment of Contractor Commission, Tow Fees (if any), Owner Storage Fees, Citizen Storage Fees, and any other fees for ancillary services requested by Owner, such as title fees, decal removal, etc. d. Platinum Service. Owner will pay Contractor a "Contractor Commission" and "Tow Fees" as described below. Note: There are no storage fees for Platinum accounts. (1) Contractor Commission. Same as 5c(1). (2) Tow Fees. Same as 5c(2). (3) Buyer Fees. Same as 5c(3). (4) Net Proceeds. Same as 5c(5) 6. Payment Terms. Once a month, Contractor will remit to Owner the Owners Net Proceeds arising from completed sales and Services rendered during the prior month. Sales are deemed completed when all items comprising a line item on the original manifest or other list of Property are sold. With each payment of Owners Net Proceeds, Contractor will make available to Owner, online, a report setting forth the following information for the immediately preceding month: a. Completed sales during the prior month, including the total amount of related Proceeds collected, Citizen Remittances (if any), Contractor Commissions, the Owner and Contractor share of Processing Costs, Tow Fees (if any), Owner and Citizen Storage fees (if any), any applicable Title Fees and /or Fuel Surcharges, and Owner's Net Proceeds; b. Other dispositions of Property during the month; and c. The Property, if any, inventoried by Contractor at end of month. Contractor Obligations. With respect to Contractor's delivery of Services: a. Contractor will exercise due care in the handling and storage of Property; b. Contractor shall keep Property free of liens, security interests, and encumbrances, and shall pay when due all fees and charges with respect to the Property; c. Contractor shall sign and deliver to Owner any UCC -1 financing statements or other documents reasonably requested by Owner; d. Contractor shall obtain and maintain insurance in an amount (determined by Contractor) not less than the replacement value of Property in its possession. The insurance will cover the Property against fire, theft, and extended coverage risks ordinarily included in similar policies. Contractor shall give Owner a certificate or a copy of each of the above upon Owner's request. e. Contractor agrees, in order to help Owner comply with local public notification statutes, if any, as well as to help Owner achieve higher Winning Bids, to allow Owner to place one or more clickable links (the "Links ") from one or more Owner websiles to www.PropertyRoom.com or other websites Contractor uses for sale of Owner items. Contractor agrees to supply technical requirements for Links to Owner. 8. Owner Obligations. While this Agreement is not exclusive and has no minimum requirements, Owner will use reasonable efforts to provide Contractor such Property as becomes available for sale. Owner will complete paperwork reasonably necessary to convey custodial possession of Property PropertyRoom.com P a g e 1 5 of 7 PropertyRoom.com Property Disposition Service Agreement items to Contractor, including a written manifest or list that describes the items of Property in sufficient detail for identification. Owner agrees it will not knowingly provide Property that is illegal or hazardous or infringes the intellectual property rights of any third party ( "Prohibited Property"), including but not limited to explosives, firearms, counterfeit or unauthorized copyrighted material ( "knock- offs "), poisons or pharmaceuticals. In the event Contractor determines in good faith that any Property consists of Prohibited Property, Contractor shall have the right to immediately suspend or cancel (even if completed) any auction or disposal of such Property and may refuse to sell, offer to sell or otherwise dispose of such Property. To the extent requested by Contractor, Owner will provide reasonable assistance in determining whether such Property in fact consists of Prohibited Property. In the event any Buyer asserts a claim that any Property consists of Prohibited Property and Contractor determines in good faith that such claim is reasonably likely to be determined to be correct, Contractor may, in its discretion, accept the return of such Property and refund the Sales Price for such Property to Buyer, in which event Contractor may then destroy such Property or return such Property to Owner and such refunded Sales Price shall be deducted from future remittances of Owner's Net Proceeds made by Contractor. 9. Restrictions on Bidding. Contractor and its employees and agents may not directly or indirectly bid for or purchase auctioned Property on Contractor websites. 10. Representations and Warranties of Owner. Owner hereby represents warrants and covenants as follows (the "Conditions Precedent "): a. Property delivered to Contractor is available for sale to the general public without any restrictions or conditions whatever and does not consist of Prohibited Property; and b. Owner has taken necessary actions for Owner to auction the Property or to transfer title to the Property to Buyers. 11. Books and Records. Contractor will keep complete and accurate books of account, records, and other documents with respect to the Agreement ( "Books and Records ") for at least 3 years following Agreement expiration or termination. Upon reasonable notice, Books and Records will be available for inspection by Owner, at Owner's expense, at the location where Books and Records are regularly maintained, during normal business hours. 12. Assignment. The Agreement may not be assigned, in whole or in part, by either of the parties without the prior written consent of the other party (which consent may not be unreasonably withheld or delayed). Notwithstanding the foregoing, an assignment of the Agreement by either party to any subsidiary or affiliate or a third party acquisition of all or substantially all of the assets of such party will not require the consent of the other party, so long as such subsidiary, affiliate or acquiring entity assumes all of such party's obligations under the Agreement. No delegation by Contractor of any of its duties hereunder will be deemed an assignment of the Agreement, nor will any changes in control or any assignment by operation of law by either party. Subject to the restrictions contained in this section, the terms and conditions of the Agreement will bind and inure to the benefit of each of the respective successors and assigns of the parties hereto. 13. Notices. Any notice or other communication given under the Agreement will be in writing and delivered by hand, sent by facsimile (provided acknowledgment of receipt thereof is delivered to the sender), sent by certified, registered mail or sent by any nationally recognized overnight courier service to the addresses provided on the signature page of the Agreement. The parties may, from time to time and at any time, change their respective addresses and each will have the right to specify as its address any other address by at least 10 days written notice to the other party. 14. Interpretation. Whenever possible, each provision of the Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent PropertyRoom.com Page 16of7 PropertyRoom.com Property Disposition Service Agreement of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement. The Agreement headings are inserted for convenience of reference only and shall not constitute a part hereof. 15. Governing Law. The internal law, and not the law of conflicts, of the state in which Owner is located will govern all questions concerning construction, validity and interpretation of the Agreement and the performance of the obligations imposed by the Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the parties waive any right to object to the venue. 16. Further Assurances. Contractor and Owner will each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, Services and activities contemplated by the Agreement and to account for and document those activities. 17. Relationship of the Parties. No representations or assertions will be made or actions taken by either party that could imply or establish any joint venture, partnership, employment or trust relationship between the parties with respect to the subject matter of the Agreement. Except as expressly provided in the Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf of the other, to any person or entity. Whenever Contractor is given discretion in the Agreement, Contractor may exercise that discretion solely in any manner Contractor deems appropriate. Contractor shall not be liable to Owner for any Losses incurred by reason of any act or omission performed or omitted by Contractor in good faith on behalf of the Owner and in a manner reasonably believed to be within the scope of authority conferred on Contractor by the Agreement, except that Contractor shall be liable for any such Losses incurred by reason of Contractors fraud, gross negligence or willful misconduct. 18. Force Majeure. Neither party will be liable for any failure of or delay in performance of the Agreement for the period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond the parties' reasonable control (each a "Force Majeure'), it being understood that lack of financial resources will not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of any Force Majeure occurrence and carry out the Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term of the Agreement. This Agreement, including all of the terms and conditions set forth above as well any addendum prepared by the Owner (indicate inclusion of Owner Addendum by checking here:) comprises the entire Agreement between the Parties. This Agreement cannot be modified except in writing by the duly authorized representatives of both parties. OWNER CONTRACTOR Signor Name: John C. Kassel Signor Title: Signature: Date: City Manager PropertyRoom.com Page j 7 of 7 PROPERTYROOM.COM NEW ACCOUNT SET -UP PROPERTY ROOM.coM After receiving the signed agreement, we will provide you with a user name and password for access to our Agency Web online reporting system. This will allow you to track status of all assets you give to us to sell from the time of listing to the sale and collection of the funds and remittance of the funds to your account (and will allow you historical data 24/7/365.). Please answer the following questions so that we can get your new account established in our system. 1. Check payable to information and the address where checks are to be mailed. City of Schertz Department 10 Commercial Place, Building #2 Schertz, Texas 78154 1 2. Main pick -up location for assets. (If more than one location, please specify) City of Schertz Public Works Department 10 Commercial Place, Building #2 Schertz, Texas 78154 3. Main contact's name, title, phone number, fax number, and email address. The main contact will (a) receive a Welcome Call from our Client Services Department; (b) receive mailed bar codes; (c) be contacted every thirty (30) days for scheduling pickups; and (d) have primary access to the Agency Web system for tracking and auditing. Jon Harshman, Fleet Manager Nancy Tumlinson and Jerry McFarland, Purchasing (210) 619 -1814 Office or (210) 687 -6290 Cell (Jon Harshman) (210) 619 -1164 Office (Nancy Tumlinson) and (210) 619 -1162 (Jerry McFarland) New Account Information —June 2014 PROPERTYROOM.COM NEW ACCOUNT SET -UP PROPERTY ROOM.coM 4. Name, title, phone number, and email address of any additional department personnel requiring access to our Agency Web reporting system. Cynthia Raleigh, Public Works Project Coordinator (210) 619 -1822 Nancy Tumlinson, Purchasing (210) 619 -1164 Jerry McFarland, Purchasing (210) 619 -1162 Jon Harshman, Fleet Manager (210) 619 -1814 5. Name, email address, and phone number of the person responsible for the department's website so our IT team can coordinate with adding a notice to the public link on your website. JoAnna Takemura Please contact: Tammy Lawrence (210) 619 -1187, IT Administrative Assistant tiawrence@schertz.com 6. Two possible dates and times for you and /or your main contact(s) to receive a Welcome Call from our Client Services Manager. We will then confirm the date and time as soon as we get internal confirmation from our Client Services Manager. Upon call meeting time, we will send you a free dial -in conference call phone number and access code. 7. Name, telephone, and email address of the person responsible for media relations in your department to work with our Marketing Department regarding any media inquiries. Linda Klepper (210) 619 -1638 Iklepper @schertz.com - New Account Information — June 2014 A� °® CERTIFICATE OF LIABILITY INSURANCE DAT09126OIYYYY) 09/26/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Pion Risk SerNCes, Inc of Florida 1WI Btickell Bay Drive, Sufte #1100 Miami, FL 33131 -0937 CONTACT ADn Risk Servkzs, Inc of Florida NAME: AICNNO E): 800-743-813D AIC No: 800.522 -7514 EMAIL ADDRESS: ADP.COLCenler Aon.com INSURERIS) AFFORDING COVERAGE NAIC0 Cflozida INSURERA: New Hampshlm ins CO 23841 INSURED ADP TotalSource 1, Inc INSURER B: INSURER C: $ 102W Surest Drive Miami, FL W173 ALTERNATE EMPLOYER INSURER D: $ INSURER E: GENERAL AGGREGATE PROPERTYBUREAU Core Inc. DBA Property Room 5257 Bucks Pke Suite 475 INSURER F: $ Frederick, MD 21704 COVERAGES CERTIFICATE NUMBER: 930466 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED. INS LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/OD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR AUTHORIZED REPRESENTATIVE C740n 0[sk 8r'CVL"b, Qnc o Cflozida EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea orwn . It MED EXP (Any one Person) $ PERSONAL BADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER POLICY PROJECT ❑ LOG OTHER GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS COMBINED SINGLE LIMIT $ URY Per rson $ URY Per accident $ DAMAGE 1 $ MINJURY UMBRELLALIAB EXCESS LIAR OCCUR CLAIMS -MADE RRENCE $ E $ DEC RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N AWPROPRIETORIPARTNERIEIIECUTIVE OFFICER/MEMBER EXCLUDED? El (Mandatory In NH) If Yes. dasMbe u,Mer DESCRIPTION OF OPERATIONS below N/A WC 094179822 TX 07101/14 07/01/15 X PER STATUTE OTH- ER EL EACH ACCIDENT S 2,000,000 E.L. DISEASE-EA EMPLOYEE $ 2,000,000 EL DISEASE. POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) All worksde employees working for the above named client company, paid utra P TOTALSOURCE, INC.'s payroll, are covered under the above staled potty. The above named client Is an alternate employer under this policy. "Operations required to auction surplus property+' CERTIFICATE HOLDER CANCELLATION City of Scheriz SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Aft Nancy Tumlinson THE EXPIRATION DATE THEREOF,- NOTICE WILL BE DELIVERED IN 14W ScheM, Parkway ACCORDANCE WITH THE POLICY PROVISIONS SCIIOTz TX 70154 AUTHORIZED REPRESENTATIVE C740n 0[sk 8r'CVL"b, Qnc o Cflozida ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD PROPER OP ID: MN CERTIFICATE OF LIABILITY INSURANCE DATE(MMa 09/26/22014 0`14 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER The Business Benefits Group 4069 Chain Bridge Road, Top FI Fairfax, VA 22030 Melanie Nocera CONTACT Brock Reynolds PHONE FAX HO Na Eat :703.385 -7200 A/c N. I: 703 - 766 -0202 E-MAIL D SS: brock.roynolds@bbgbroker.com INSURER(S) AFFORDING COVERAGE NAICB INSURER A: Sentinel Insurance Company 11000 INSURED PropertyRoom.com Inc. 5257 Buckeystown Pike, #475 Frederick, MD 21704 INSURER B: Travelers Insurance Group 19038 INSURERC: CLAIMS -MADE OCCUR INSURER D: INSURERE: INSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD BR VAID POLICYNUMBER POLICY EFF MM/DD POLICY EXP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR X PREMISES RENTED EDrwe $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY PR � J LOC PRODUCTS - COMP /OP AGG $ $ OTHER AUTOMOBILE LIABILITY EeMdeDISINGLE LIMIT $ 1,000,00 A X ANY AUTO 2UECNA3745 0410212014 04/0212015 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per acdtlent ) $ X PROPERTY DAMAGE Peraccidenl $ NON -OWNED HIREDAUTOS X AUTOS X Comp.$1000 X Coll.$3000 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LUIB CLAIMS -MADE DED I I RETEN HON $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? "NIA STATUTE ER E. L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYE $ (Mandatory In NH) If desodbe under DESCyes, RIPTION OF OPERATIONS below E.L .DISEASE - POIJCY LIMIT I S B CRIME 105943928 06/0612014 0610612015 2,000,000 LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may 1. Hached If more space Is required) Certificate holder is additional insured Operations required to auction surplus property CITY013 City ofSchertz Attn: Nancy Tumlinson 1400 Schertz Pkwy Schertz, TX 78154 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 41t"_ tax c Q q&- 0110 @ 1988 -2014 ACORD CORPORATION. All rights ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD PROPERT -01 ALOUCK ,d►� CERTIFICATE OF LIABILITY INSURANCE DAT12612 14 ) 9/2612014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0252636 Guardian Risk & Insurance Services P.O. Box 56127 Riverside, CA 92517 CONTACT NAME: PHONE g51 3 FAX AIC No Exl:( ) 68 -0700 Arc No: (951 368.0707 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC q 04/0212014 INSURERA: Burlington Insurance Company 23620 $ 1,000,00 INSURED INSURER B:SCOttSdale Insurance Company 41297 INSURER C: MED EXP (Arty one person) PropertyRoom.com INSURERD: 5257 Buckeystown Pike, Suite 475 Frederick, MD 21704 INSURER E: GEN'L AGGREGATE LIMIT APPLIES PER X POLICY ❑jECT F]LOC oTHER� NSURERF: $ 2,000,00 PRODUCTS - COMWOPAGG COVERAGES CERTIFICATE NUMBER: REVISION NHMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE - A D BR POLICY NUMBER PAOLICY EFF POLICY E%P LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR 263BW27737 04/0212014 04/0212015 EACH OCCURRENCE - $ 1,000,00 PREMISES Eaoca,rmnce $ 100,00 MED EXP (Arty one person) $ 1,00 PERSONAL B ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY ❑jECT F]LOC oTHER� GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMWOPAGG $ 2,000,00 IEBLAGGREGATE $ 2,000,00 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS NONOWNED AUTOS COMBINED SINGLE LIMIT Ea accident $ BODI LY INJURY per person) S eocidenl Per BODILY INJURY ( ) $ PROPERTY DAMAGE Per accident $ $ B UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE XLS0092446 04/0212014 0410212015 EACH OCCURRENCE $ 6,000,00 X AGGREGATE $ 5,000,00 LIEU X RETENTION$ 0 $ WORKERS COMPENSATION MY EMPLOYERS' LIABILITY YIN ANYCERIMEMBEREXCLUDED? CUTIVE MaridaRnA EM NH) U yes. story In NH) DESCRIPTION OFF under DESCRIPTION OF OPERATIONS bebvi NIA IPER FOR STATUTE ER EL EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe allached If more space is required) Operations required to auction surplus property. City of Schertz Attn: Nancy Tumllnson 1400 Schertz Parkway Schertz, TX 78154 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �o�mn 01988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 4 PROPERTYROOM.coM October 9, 2014 City of Schertz Attn: Cynthia Raleigh 10 Commercial Place, # 2 Schertz, TX 78154 Re: Property Disposition Services Agreement Ms. Raleigh, Enclosed, please find the original signature copy of the agreement between City of Schertz and PropertyRoom.com. The agreement has been signed by our President & CEO, PJ Bellomo. When you have received all signatures necessary on your end, please forward a copy back to me either via email kathryncolesC?orooertyroom.com or via fax at 240 - 230 -0229. Please feel free to contact me with any questions at all or if you require additional information. Thank you, and we look forward to working with you! Sincerely, Kathryn Cole Contracts & Proposals Coordinator Enclosure 5257 Buckeystown Pike, Suite 475, Frederick, MD 21704 1 P: 240.751.9119 1 F: 240.230.0229 1 PropertyRoom.com