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HomeMy WebLinkAboutC99-033 Jac Layman`•..011, 6 4I-33- q-7 AGREEMENT for AUCTIONEER SERVICES THIS AGREEMENT is made this 15 th day of February I 1999,by and between the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter "the County") ; and Jac B. Layman f doing business as auctioneer (hereinafter "Auctioneer") . The County and Auctioneer, in consideration of the mutual covenants hereinafter set forth, agree as follows: SECTION I. SCOPE OF WORK 1. Auctioneer shall conduct a public auction of certain items of the County's personal property as has been authorized by the Board of County Commissioners. .2. Auctioneer hereby agrees to use his professional skill, knowledge, and experience to the best advantage of both parties in preparing for and conducting the sale. 3. The County hereby agrees to turn over and deliver to the auctioneer to be sold at public auction the items listed on Exhibit "A" attached hereto and incorporated herein by this reference. 4. The auction will be held at 0426 Fairgrounds Rd., Eagle, Colorado, in the Eagle County Fairgrounds exhibition hall, on February 20, 1999 beginning at 8:00 a.m. 5. The sale of any of the property shall be made to the highest bidder, except the County's designated.representative shall have the right to reject any and all bids tendered for any specific item of personal property which, in his sole judgment, is too low, unreasonable, or not conducive to the interests of Eagle County. 6. Auctioneer shall provide the tools and equipment necessary to conduct a public auction, as well as the following manpower: a. On the day of sale, Auctioneer shall provide one auction- eer, and a minimum of one other general assistant. Prior to the auction, Auctioneer shall provide to the County's representative the names, addresses, and social security numbers of persons performing work hereunder. All workers shall wear Auctioneer's identification badges or uniform shirts while performing the work. Auctioneer shall provide necessary training to the workers. 7. The County covenants and agrees that it has good title and the right to sell and said goods are free from all encumbranc- es. 8. The County agrees to provide merchantable title to all items sold and deliver title to purchasers. 9.. The County agrees to perform all advertising at its expense, e.g., handbills and newspaper advertisements, deemed necessary by the County, in its sole judgment. SECTION II. COUNTY'S REPRESENTATIVE Janet Renzelman the County Facilities Management Department Technical Supports Specialist, is designated as the County's representative for purposes required hereunder. SECTION III. PAYMENT The County agrees that Auctioneer shall retain Twenty Percent (20) of the gross proceeds of the sale, as follows: By 5:00 p.m. on the second day following the sale, Auctioneer shall deliver to County's representative a full and complete accounting of the items sold at the auction, including copies of all bills of sale and receipts issued, listing the items sold and the prices received therefor. At that time, Auctioneer shall pay over to the Eagle County Treasurer, c/o the County's representative, Eighty Percent (80) of the gross receipts from the sale. 1lk SECTION IV. TERM Services under this Agreement shall commence immediately upon the execution of this agreement, and continue until the County has accepted payment and the accounting described in Section III above. SECTION V. INSURANCE Auctioneer shall purchase and maintain during the term of this Agreement insurance in the following types and coverages protecting him from claims which may arise out of or result from the Auc- tioneer's operations under this Agreement, whether such operations be by himself, or by anyone for whose acts he may be liable. A. Workers' Compensation Insurance as required by the laws of the State of Colorado. SECTION VI. INDEMNITY Contractor agrees to indemnify, defend and hold harmless the County, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions and causes of action whatsoever, arising out of or related to the Contractor's inten- tional or negligent acts, errors or omissions and those of its agents, officers, servants and employees, whether contractual or otherwise. ARTICLE VII. MISCELLANEOUS A. No assignment or subcontracting by a party hereto of any rights or duties under, or interest in, this Agreement will be binding on another party without the written consent of the party sought to be bound; and specifically -3- .! ho/ but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless spe- cifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. B. The County and Auctioneer each binds itself/himself, partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this document the year and date first set forth above. et E�cce �o V f ATTEST: By: Clerk to the Board of County Commissioners (ACKNOWLEDGMENT FOLLOWS) COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By:U ."�. _ Chairman fizo -7t,� P.O. Box 850 C. gone_ Eagle, Colorado 81631 (970) 328-8685 AUCTIONEER By: R/L Zl 14L DISTRIBUTION OEjyjInals to: 1. Contract Bo k In, 4. TE2 CL 14 Copies to: 1. Accounting .2. 3. U.