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24I368 - US Auctions LLC
CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Vehicle and Equipment Auction Services US Auctions LLC Armando L. Camarena armando@usauctions.net Provide vehicle and equipment auctions services $10,000 ($5,000/year) 2 year - November 27, 2024 to November 26, 2026 N/A Armando L. Camarena, armando@usauctions.net Maintenance & Facilities Daniel Martinez N/A 24I368 N/A Yes Yes Yes Procurement N/A No US Auctions- City of Palm Springs Auction Proposal N/A N/A N/A 11/25/24 Yessenia Valencia Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 1 of 21 CONTRACT SERVICES AGREEMENT 24I368 VEHICLE AND EQUIPMENT AUCTION SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on November 25, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and US Auctions LLC, a California limited liability company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a licensed vendor to provide vehicle and equipment auction services (“Project”). B. Contractor has submitted to City a quote to provide vehicle and equipment auction services, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 2 of 21 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $10,000. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the schedule of fees set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 3 of 21 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 2 years, commencing on November 27, 2024, and ending on November 26, 2026, unless extended by mutual written agreement of the Parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 4 of 21 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Armando L. Camarena, CEO. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 5 of 21 without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Armando L. Camarena CEO 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 6 of 21 including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 7 of 21 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 8 of 21 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 9 of 21 writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: US Auctions LLC Attention: Armando L. Camarena 281 Fogg Street Colton, CA 92324 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 10 of 21 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE] Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 11 of 21 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND US AUCTIONS LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 11/26/2024 11/26/2024 Revised 12.21.23 Page 12 of 21 EXHIBIT “A” SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 13 of 21 Contractor will provide services per the scope of services and cost proposal below. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 14 of 21 Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 15 of 21 Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 16 of 21 Cost Proposal Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 17 of 21 EXHIBIT “B” INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 18 of 21 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ___X_____ is not required; 4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 19 of 21 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 20 of 21 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Revised 12.21.23 Page 21 of 21 EXHIBIT “C” EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: Printed Name: Title: Firm Name: Date: Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A CEO/Owner 11/26/2024 US Auctions LLC Armando L. Camarena CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$174.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:US Auctions DBA: US Auctions Owner:US Auctions Mailing Address:1912 WILSON AVE UPLAND, CA 91784 License Number:OC-007717-2024 Expiration Date:11/30/2025 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:281 FOGG ST, COLTON, CA 92324 Business Description:Dealers License issued by the CA DMV TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY $ $ 1150 Brookside Avenue, Suite Q Saint Moore Insurance Agency Cert ID 11909 3200 East Tahquitz Canyon Way Scottsdale Ins Co 41297 California Automobile Ins Co 38342 Starstone National Insurance C 25496 State Compensation Ins Fund of 35076 Great Lakes Insurance SE 38342 11/05/2024 281 Fogg Street Y 02/13/2024 02/13/202576295N245ALI B Garage Keepers Liability Y chris@stmooreinsurance.com Y Y Y 04/16/2024 04/16/2025BA040000005946 A C D E X X X Chris Moore Redlands CA 92373 Palm Springs CA 92262 Colton CA 92324 (909) 793-2151 (909) 982-6688 (909) 798-7068 X X X X X X 1,000,000 100,000 1,000,000 1,000,000 1,000,000 4,000,000 4,000,000 5,000 60,000 Follows Form 02/13/2024 02/13/2025CPS7942826 02/01/2024 02/01/20259004625-2024 1,000,000 Nil 1,000,000 2,000,000 2,000,000 City of Palm Springs City of Palm Springs, its officials, employees, and agents, as required by written contract, are recognized as additional insured per General Liability form GLS 150s 7-06, GL primary per form CG2001 1219, GL waiver per form CG2453 1219. Auto AI per form MCA85101213-CA including primary and waiver. Workers Comp Waiver applies per form 2572. 30 day notice of cancellation except 10 day notice for non pay of premium. US Auctions LLC Any One Unit Y X (68)WC 02/13/202502/13/2024RK88641A24 Any One Loss 1,000,000 Page 1 of 1 Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II.EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV.EMPLOYEE HIRED AUTO LIABILITY V.SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII.ADDITIONAL TRANSPORTATION EXPENSE VIII.HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X.LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR – DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO – COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH POLICY NUMBER: %$ CC4 CC25 Armando Camarena DBA: U S Auctions Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an “accident” which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any “employee” of yours is an "insured" while using a covered “auto" you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II – LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers’ compensation insurance in-force covering all of your “employees”. Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy’s expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: c. If hired "autos" are covered "autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to “loss” caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered “auto,” less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the “loss”; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. XI. GLASS REPAIR – DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company” means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 XVIII. HIRED AUTO - COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured’s" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V – DEFINITIONS, C. "Bodily Injury” is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A STATE COMPE;NSATION INSURANCli FUND ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE FEBRUARY 1, 2024 AT 12. 01 A.M. AND EXPIRING FEBRUARY 1, 2025 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME US AUCTIONS 281 FOGG ST COLTON, CA 92324 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9004625-24 RENEWAL SP 5-64-61-31PAGE 1 OF NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2572 �!.� FEBRUARY 2, 2024 k!��,� .di-£<�� PRESIDENT AND CEO 1 SC IF FORM 10217 (REV .4-2018) OLO DP 217 Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 1 | Page A. TABLE OF CONTENTS A. Table of Contents……………………………………………………………………………………………….. 1 B. Transmittal Cover Letter……………………………………………………………………………………. 2 C. Executive Summary……………………………………………………………………………………………. 3 D. Identification of Respondent……………………………………………………………………………… 4 E. Subcontractors…………………………………………………………………………………………………… 7 F. Personnel…………………………………………………………………………………………………………… 8 G. Understanding of Project…………………………………………………………………………………… 10 H. References…………………………………………………………………………………………………………. 16 I. List of Representative Projects…………………………………………………………………………… 18 J. Cost Proposal…………………………………………………………………………………………………….. 19 K. Cost and Payment……………………………………………………………………………………………… 20 Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 2 | Page November 7, 2024 Dan Martinez Fleet Manager City of Palm Springs 459 N. Civic Drive RE: Auction Proposal Mr. Martinez, US Auctions is a sole proprietorship, wholly owned by Armando Lopez Camarena. A certified Minority Business Enterprise registered and recognized by the California Public Utilities Commission and a certified Small Business registered and recognized by the State of California, Small Business Enterprise, Disadvantaged Business Enterprise, registered with DOT and certified by Metro Los Angeles. US Auctions is pleased to submit our Auction Proposal to you and the City of Palm Springs, to provide Auction Services and agrees to perform all services as listed. US Auctions one of the few independently owned auctions companies, with over 30 years of auction experience in the utility and powerline industry and customers such as SoCal Edison, City of Ontario, Long Beach Transit, County of San Bernardino, SoCal Gas Company, San Diego Gas & Electric, Southwest Gas, PG&E, etc., accepts City of Palm Springs, Morongo Basin Transit District. Our auction facility is located at 1687 S Bon View Avenue - Ontario, CA 91761. We thank you for the opportunity and consideration of our auctions services and experience and look forward in working with you. Sincerely, Armando L Camarena CEO – US Auctions Certified Minority Business Enterprise – California PUC Certified Small Business – State of California O 909 982 6688 C 909 921 1008 Armando@usauctions.net “Diversity, often contains the seeds of innovation” Quote Sylvester James Gates Jr. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 3 | Page C. EXECUTIVE SUMMARY Armando L. Camarena, owner of US Auctions, has been conducting auctions for over 31 years on behalf of cities, counties, state and federal agencies throughout the United States, opening auctions in Northern and Southern California, Wilmington, DE, Kansas City, MO, Dallas, TX, Atlanta, GA, and Chicago, IL. His vast industry knowledge as well as our auction experienced staff gives US Auctions a competitive edge in delivering the best on-site and simulcast on-line auction services in the industry. For over 100 years of combined experience, US Auctions has specialized in the transportation, preparation, remarketing, sale, and reporting of all utility and municipality equipment such as passenger vehicles and ATV’s, pickups, vans, utility trucks, dump trucks, water trucks, vacuum trucks, fuel trucks, maintenance trucks, trailers, wheel loaders, dozers, backhoes, skid steers, skip loaders, aerial trucks, digger derricks, air compressors, forklifts, power generators, etc., US Auctions provides a platform of over 4 million readers and potential buyers and a database consisting of over 240,000 qualified buyers through Sandhills Global Publications which includes AuctionTime, Equipment Trader, Machinery Trader, Bid Spotter, HiBid, and Equipmentfacts just to name a few. US Auctions experience and ability to reach markets for all the eclectic categories of assets consigned and the unmatched transportation, re-marketing, preparation, inspection, appraisal, reporting and consulting services provided to our customers makes us the top choice for customers such as: County of San Bernardino, Pacific Gas & Electric, Southern California Edison, The Gas Company, San Diego Gas & Electric, Southwest Gas, Liberty Utilities, ACCO, W.A. Rasic Construction, and cities such as Riverside, Ontario and San Bernardino, It is our pleasure to propose and extend our well operated auction services to the City of of Palm Springs. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 4 | Page D. IDENTIFICATION OF RESPONDENT US Auctions Armando L. Camarena, Owner Main Office: 130 East 9th Street – Upland, CA 91786. Office #: (909) 982-6688 Fax #: (909) 982-1499 www.usauctions.net armando@usauctions.net Company ownership. US Auctions is a sole proprietorship company founded by Mr. Armando L. Camarena on July 2005. Location of company offices. US Auctions Main Office (909) 982-6688 130 East 9th Street – Upland, CA 91786. US Auctions Southern California Service Yard (5 + Acres) 1687 S Bon View Avenue - Ontario, CA 91761. US Auctions Northern California Service Yard (5 + Acres) 8826 Sparling Lane Road - Dixon, CA 95620. Location of the office servicing any California accounts. US Auctions Southern California Service Yard 1687 S Bon View Avenue - Ontario, CA 91761 – (909) 982-9992 Number of employees both locally and nationally. US Auctions employs an average of 25 employees in 2 auction yards strategically located to better serve our customers in the State of California. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 5 | Page Name, address, and telephone number of the vendor’s point of contact. Marco Galvan, President US Auctions. 130 E 9th Street – Upland, CA 91786. (909) 982-6688, marco@usauctions.net Company background/history and why the vendor is qualified to provide the series described in this RFP. US Auctions was created as the result of the consignors’ necessity for an auction company that would still provide the services of the conventional onsite auction but with all the marketing advantages of the internet in the early century. US Auctions was one of the first auctions to simulcast an onsite auction on the internet to allow buyers to bid from anywhere in the world where internet was available. Later, using the email service to market its sales all around the world and was one of the first auction houses to use drone assisted videos for advertising. US Auctions has always been in the forefront for the auction innovations and is the most experienced auction house when it comes to California ARB Diesel compliance, selling over 1200 diesel targeted units per year on behalf of several utility companies in California. Description of web services and use of web auction sites, if any, used by the vendor. US Auctions through Sandhills Global Publications and their websites visited by over 4 million readers and with a database consisting of over 260,000 prequalified buyers through their internet platforms which include Equipment Trader, Machinery Trader, TruckPaper, TractorHouse, Bid Spotter, HiBid, and Equipmentfacts just to name a few (Please visit: https://www.sandhills.com/ourbrands for a complete list.) US Auctions online customer reach is unparallel. Length of time Contractor has been providing services described in the RFP to the general public sector. If Contractor has no public sector experience, provide private sector information. Please include a brief description of experience. Over 30 years and two companies, NAS and presently with US Auctions, both public auctions and both regulated by the California Department of Motor Vehicles DMV. Resumes for key staff to be responsible for performance of any contract resulting from this RFP. Armando Camarena, Owner - US Auctions, Licensed Retail Dealer, has over 30 years auction experience in sales, sales management, procuring government contracts, establishing forms/procedures relevant to auction systems, coordinated with forms relating to CARB units from buyer to completed documents for consignors, coordinated with IT development contractors in conducting on-site and online auctions since 1988. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 6 | Page Mr. Camarena has opened auction facilities in Northern and Southern California, Kansas City MO., Wilmington, DE., Kansas City MO., St. Louis MO., Chicago IL., and Dallas TX. This involved leasing auction property with Real Estate Broker’s. Interviewing, hiring and training new employees to perform day to day auctions duties. Instructing new employees on day to day auction functions. Instructing new employees on online and offsite auction advertising on behalf of local clients. He has made presentations on do’s & don’ts in the auction process to CAPPO California Association of Public Purchasing Officers and EUFMC Electric Utilities Fleet Manger’s Conference in Williamsburg Virginia. He has worked appraising vehicles, planes, jewelry, sailing yachts, and many other items for the USMS (United States Marshals Service) and the United States Postal Inspection Service’s in Los Angeles, Pasadena, San Bernardino and Kansas City, MO. He has also testified as an expert witness on behalf of Federal Bureau of Investigation. Marco Galvan, President – US Auctions. Mr. Galvan has worked in the auction industry beginning in June 1990. For over 28 years he has developed experience in facilities, vehicle inventory, transportation, storage, maintenance, DMV procedures, auction coordination, sales, remarketing, reporting, customer service, accounts management, appraisal and inspection, former Executive Vice-President. Mr. Galvan specializes in utility powerline equipment and is the account manager for Southern California Edison, Southwest Gas, San Diego Gas & Electric, The Gas Company, Liberty Utilities, ACCO, WA Rasic Construction, etc. Since August of 2005 Mr. Galvan has overseen all auction areas, from day to day auction yard operations to sales and remarketing campaigns, complete auction operations, on-line, on-site and off-site sales. Contractor’s bank of record and Contractor’s Dun & Bradstreet number. US Bank Upland Branch Dun & Bradstreet # 609055806 Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 7 | Page E. SUBCONTRACTORS Identify specific subcontractors and the specific requirements of the RFP for which each proposal proposed subcontract will perform services. Benji’s Transportation Services Ben Mercado - Sole Proprietor – (626) 523-6406 22807 Martin Street, Perris, CA. 92570 Miguels Flatbed Services Miguel Romero (626) 523-3373 Ben Mercado has been conducting transportation services for over 25 years, both for several auction companies in Southern California. He has knowledge of the specific needs for all the garages for the various cities, counties, state and Federal agencies here in Southern California. They are approved contractors for Southern California Edison, The Gas Company, Southwest Gas of Las Vegas and Sempra Utilities. Benji’s Transportation Services currently has 3 employees. Mercado Transportation Service Bank of record is Bank of America. He does not have a Dun & Bradstreet number. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 8 | Page F. PERSONNEL Armando Camarena, Owner - US Auctions, Licensed Retail Dealer, has over 30 years auction experience in sales, sales management, procuring government contracts, establishing forms/procedures relevant to auction systems, coordinated with forms relating to CARB units from buyer to completed documents for consignors, coordinated with IT development contractors in conducting on-site and online auctions since 1988. Mr. Camarena has opened auction facilities in Northern and Southern California, Kansas City MO., Wilmington, DE., Kansas City MO., St. Louis MO., Chicago IL., and Dallas TX. This involved leasing auction property with Real Estate Broker’s. Interviewing, hiring and training new employees to perform day to day auctions duties. Instructing new employees on day to day auction functions. Instructing new employees on online and offsite auction advertising on behalf of local clients. He has made presentations on do’s & don’ts in the auction process to CAPPO California Association of Public Purchasing Officers and EUFMC Electric Utilities Fleet Manger’s Conference in Williamsburg Virginia. He has worked appraising vehicles, planes, jewelry, sailing yachts, and many other items for the USMS (United States Marshals Service) and the United States Postal Inspection Service’s in Los Angeles, Pasadena, San Bernardino and Kansas City, MO. He has also testified as an expert witness on behalf of Federal Bureau of Investigation. Marco Galvan, President – US Auctions. Mr. Galvan has worked in the auction industry beginning in June 1990. For over 28 years he has developed experience in facilities, vehicle inventory, transportation, storage, maintenance, DMV procedures, auction coordination, sales, remarketing, reporting, customer service, accounts management, appraisal and inspection, former Executive Vice-President. Mr. Galvan specializes in utility powerline equipment and is the account manager for Southern California Edison, Southwest Gas, San Diego Gas & Electric, The Gas Company, Liberty Utilities, ACCO, WA Rasic Construction, etc. Since August of 2005 Mr. Galvan has overseen all auction areas, from day to day auction yard operations to sales and remarketing campaigns, complete auction operations, on-line, on-site and off-site sales. Jason Camarena, Vice President - US Auctions, Jason manages all advertisement including print, email, online, and social media publications including Facebook and Twitter accounts. He is responsible for all California ARB compliance documentation. Jason has been being working with US Auctions since 2006 and has utilized current online marketing strategies thru Sandhills Global Publications. Jason ensures that all items submitted for auction are advertised properly. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 9 | Page Stacy Long, Office Manager – US Auctions, Mrs. Long supervises all office functions such as accounting, transportation and inventory control. Stacy has been employed with US Auctions since 2008. Stacy communicates with all consignors regarding transportation schedules and pickup requests and coordinates transportation on a daily basis. Kim Doeppel – DMV Specialist, Vehicle Verifier, Oversees all aspects of the transfer of ownership process and release of liability. Ensures that all titles received are matched with current auction inventory. Alex Galvan, Supervisor of Yard Services – US Auctions, supervises all yard personnel on the day to day operations and prepares all units for auction. Ensures that all property submitted for auction is logged in correctly and is entered in the auction database. Alex has worked in the auction industry since 2000, previously employed with Universal Auction Systems. Responsible for all yard staff. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 10 | Page G. UNDERSTANDING OF SERVICES Scope of Services US Auctions, herein referred as USA, provides to its current customers and will provide City of Palm Springs with the following services. A. USA conducts an average of 28 auctions a year in the State of California including 16 in Southern California. To serve CITY OF PALM SPRINGS, vehicles, equipment and surplus inventory will be transported, prepared, advertised and auctioned at our Ontario, CA yard. The auctions will be open to the general public and simulcast online through Sandhills Global Publications (Equipmentfacts.com, AuctionTime, HiBid, Bid Spotter). a. USA holds auctions at a minimum of once per month in Southern California. These auctions are open to the general public and no fee is charged for parking, admission, registration or participation as a potential buyer. b. All sales are made to the highest bidder and the proceeds are collected in the form of cash, cashier’s check, money order, check accompanied by a bank letter of guarantee, bank deposit, and/or wire transfer. c. USA requires a valid form of I.D. to effectively recognize all potential bidders and a binding contract to honor all purchases made with the identifying bidder number is signed free of charge to prevent or minimize non-payment. When selling a unit with a high value, a backup bid is collected as well as the highest bid. For internet buyers a credit card hold is placed to prevent non-payment. d. USA currently holds a State of California Resale Permit to collect and remit all applicable sales taxes from retail buyers and to collect and maintain reseller’s permits from all resale or tax-exempt buyers. e. USA complies with all provisions of the State of California Uniform Commercial Code “Bulk Sales” laws. USA maintains a valid DMV Retail License with the corresponding bond and/or bonds required by the Department of Motor Vehicles. f. USA websites allows for pre-bidding, absentee bidding, and real time bidding at any time until each lot is sold by the auctioneer. g. USA websites are currently user friendly and is only a few days from launching and even friendlier and innovating website to better serve all our buyers and sellers with the latest website technology. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 11 | Page h. USA websites are secured to protect USA, seller’s and buyer’s information. USA conducts sales of Federally seized assets on behalf of the U. S. Marshal, FBI, DEA, ATF, US Postal Investigation Service and several other law enforcement agencies which require the most complex cyber security procedures. i. USA provides website upgrades and all necessary IT support at no additional cost to our consignors and will notify CITY OF PALM SPRINGS of any upgrades. j. USA will provide all necessary training and support to CDWD staff to use the auction site at no cost to CITY OF PALM SPRINGS. k. Online bidders and CITY OF PALM SPRINGS will be provided with customizable email alerts and notifications on bid confirmations, out-bid notifications, and bid- award notifications along with payment instructions. l. USA is customizable and allows several options including the ability to add consignor logos. m. USA has the ability to provide several online pre-auction and post-auctions reports including status, sales and pending sales. n. USA website has the ability to upload CITY OF PALM SPRINGS ’s terms, conditions, policies, and any disclaimers and will ensure that bidders agree to them before bidding is allowed, as deemed necessary by CITY OF PALM SPRINGS. PROPOSED AUCTION PROCESS Transportation and Storage USA upon receipt of a surplus inventory pickup request list containing at a minimum CITY OF PALM SPRINGS asset’s unit #, year, make, model and vin/serial number will coordinate transportation from CITY OF PALM SPRINGS ’s Palm Desert & Coachella garages to USA’s auction yard in Ontario, CA within 48 hours of receipt. USA will coordinate the transportation and storage of all running or non-running units at any time throughout the year. If any asset is too big to cost-effectively transport, then it will be sold “In absentia” with all descriptions and pictures from the auctions site. Once surplus inventory is received and secured at our auction facility with capacity for over 500 auction units, USA staff will complete an inspection form which is then entered in our database for immediate inventory control. All property is secured from damage and vandalism. If a unit is not sold during an auction it will be stored and entered the next available auction at no charge to CITY OF PALM SPRINGS. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 12 | Page Pre-Auction Preparation All the surplus inventory is subject to the following preparation prior to auction if applicable: • A vehicle inspection form is completed and if applicable, a safety inspection is performed. • Decommission, removal of exempt plates (Returned to CITY OF PALM SPRINGS), identifying logos and unit numbers will be removed and trash will be removed. • Smog test and drive cycle is completed if required. • Interior/exterior will be vacuum and washed. • Lot # tag, As-Is Form and Vehicle History Report are affixed. • Title and necessary transfer documents are reviewed. Advertising and Marketing USA conducts aggressive marketing strategies to potentially reach over 4 million viewers and maximize the value of the assets offered for auction. Advertising includes date, time, and location of the next scheduled auction. These strategies include: • Advertising in major newspapers and magazines • Printed advertising such as flyers and brochures • Email blast to a growing buyer database • Internet advertising through MachineryTrader, TractorHouse, TruckPaper, MarketBook, Equipmentfacts, TruckLocator, etc. • Website advertising of all surplus inventory including assets valued at $5,000 or more. The lots will include pictures, description and condition of the asset. Auction and Inspection The auction facilities are open to the public up to 48 hours prior to the scheduled auction. At this time inspection is conducted by the potential buyers. Admission, parking, bidder registration and catalogs containing each lot #’s, descriptions, and all relevant information is also made available at no charge. Security and staff personnel is available to assist the potential buyers during the inspection hours from 8:00am to 4:00pm. Inspection is also available from 7:00am to 9:00am the day of the auction with the auction commencing at 9:00am. The auction is conducted by a licensed auctioneering staff and it is conducted live onsite and simulcast through our online platforms allowing bidders from around the world to bid against onsite buyers at the same time thus maximizing the sale price of the lots offered for auction. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 13 | Page When the auctioneer sells a lot, the highest bid price and buyer number is entered with a computerized wireless auction system that allows buyers to pay for their purchases immediately after the award of bid. An auction invoice is created for every successful buyer, and once complete payment is received, keys and DMV documents are completed and signed to transfer ownership and the unit is then released to the buyer. If not paid in full on auctions day, the buyer must leave a 25% deposit and return no later than 4:00pm on the second business day following the auction. The buyers are allowed 5 business days to remove their purchases form the facilities. Once the necessary document to transfer ownership are completed, a “Release of Liability” is also submitted to DMV on the first business day following the auction. CITY OF PALM SPRINGS employees, officers, and agents of the contractor will not be allowed to bid on CITY OF PALM SPRINGS property. CITY OF PALM SPRINGS reserves the right to set a minimum reserve price on certain items as required. Post-Auction and Reporting Once the auction is completed the auction yard is cleared of any bidders and only those successful buyers with a paid receipt are allowed in the yard to remove their purchases. USA complies with all DMV outlined procedures including: • Transfer of Title and Ownership • Federal As-Is Form • Bill of Sale • Release of Liability • Vehicle History Report • Smog Test • Temporary Plate Program (January 1st, 2019) • Car Buyer Bill of Rights For our consignors, a preliminary auction report is available on the first business day following the auction. The report contains the consignor’s unit #, description, lot number, and highest bid price. Within 10 business days after the auction, Proceeds and a Final Auction Sales Summary which includes CITY OF PALM SPRINGS ’s unit #, description, lot #, serial/VIN number, highest bid price, auctioneer commission, service fees and net proceeds will be sent to CITY OF PALM SPRINGS along with a Buyer Information Report containing the buyer number and buyer information for each unit sold on behalf of CITY OF PALM SPRINGS . Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 14 | Page The books, records, documents, and accounting practices and procedures are subject to inspection, examination and audit by the District. Licenses and Certifications US Auctions currently maintains the following licenses and certifications: • Retail Sales License – Department of Motor Vehicles. • Wholesale License – Department of Motor Vehicles. • Salesperson Licenses – Department of Motor Vehicles. • Resale License – State Board of Equalization. • Business License – City of Upland, City of Ontario. • Vehicle Verifier License – Department of Motor Vehicles. • Minority Business Enterprise – CPUC. • Small Business – State of California. • Auctioneering License – NAA, CSAA and SCAA. Auction Results Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 15 | Page H. REFERENCES a. Southern California Edison Annual sales $5 million plus per year. Customer since July 2005. Current contract expiration date: September 2023. Contact Person: Lee Ann Narasky - (909) 292-7015 – Lee.narasky@sce.com Disposal of all assets, passenger cars, trucks, SUV’s, construction equipment, aerial trucks, insulator washers, fuel trucks, water trucks, crane trucks, truck tractors, trailers, vacuum trucks, dump trucks, loaders, backhoes, dozers, scrapers, landscaping equipment, etc. b. San Diego Gas & Electric Annual sales $3 - $4 million per year. Customer since July 2005. Current contract expiration date: July 2023. Contact Person: Sherry Shafiei - (858) 653-3101 – sshafiei@semprautilities.com Disposal of all assets, passenger cars, trucks, SUV’s, construction equipment, aerial trucks, insulator washers, fuel trucks, water trucks, crane trucks, truck tractors, trailers, vacuum trucks, dump trucks, loaders, backhoes, dozers, scrapers, landscaping equipment, etc. c. The Gas Company Annual sales $4 - $5 million per year. Customer since July 2005. Current contract expiration date: July 2023. Contact Person: Nick Soar - (323) 313-7682 – NSoar@semprautilities.com Disposal of all assets, passenger cars, trucks, SUV’s, construction equipment, aerial trucks, insulator washers, fuel trucks, water trucks, crane trucks, truck tractors, trailers, vacuum trucks, dump trucks, loaders, backhoes, dozers, scrapers, landscaping equipment, etc. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 16 | Page d. City of San Diego Annual sales $2 - $3 million per year. Customer since 2016 Contract expiration date: October 2021. Contact Person: Thomas Sawade – (619) 236-6158 – tsawade@sandiego.gov Disposal of all cities motorized assets, atv’s, watercraft, passenger cars, trucks, police vehicles, SUV’s, electric vehicles, vacuum trucks, refuse trucks, dump trucks, truck tractors, trailers, backhoe’s, dozers, scrapers, landscaping equipment, etc. e. City of Ontario Annual sales $1 million plus per year. Customer since 2005 Contract expiration date: October 2022. Contact Person: Lilyan Villareal – (909) 395-2016 – Lvillareal@ontarioca.gov Disposal of all cities motorized assets, passenger cars, trucks, police vehicles, SUV’s, electric vehicles, vacuum trucks, refuse trucks, dump trucks, truck tractors, trailers, backhoe’s, dozers, scrapers, landscaping equipment, computers, compressors, generators, forklifts, etc. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 17 | Page I. LIST OF REPRESENTATIVE PROJECTS List of representative projects undertaken by Respondent in the last 5 years demonstrating experience in each category of the project. • County of San Bernardino, representative of contract experience in each category of this project. • Southern California Edison, representative of contract experience in each category of this project. • City of Ontario, representative of contract experience in each category of this project. • San Diego Gas & Electric, representative of contract experience in each category of this project. • City of Santa Barbara, representative of contract experience in each category of this project. • City of San Diego, representative of contract experience in each category of this project. • City of Bakersfield, representative of contract experience in each category of this project. • Southwest Gas, representative of contract experience in each category of this project. • Liberty Utilities, representative of contract experience in each category of this project. • City of Oakland, representative of contract experience in each category of this project. The above listing represents a partial listing of current accounts, which USA have done business with in the past 5 years. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 18 | Page J. COST PROPOSAL Include a detailed cost proposal for the required Scope of Services, inclusive of any anticipated travel, per-deim, and other incidental costs and charges. It is anticipated that a not-to-exceed dollar limit will be negotiated with eh successful Respondent. Cost shall be broken down by task. US Auctions proposes the following rates for cost of services to the City of Palm Springs, Palm Springs Transit District to be retain form total gross sales: a. 0 % Commission - Passenger Vehicles, light, medium and heavy-duty trucks. b. 0 % Commission – Construction Equipment, Trailers. c. 0 % Commission – Miscellaneous surplus property. d. $ 0.00 – Advertising & Marketing. e. $ 0.00 – Interior/Exterior wash & vacuum. f. $ 0.00 – Smog/Safety Inspection. g. $ 0.00 – Decommission & Delogo. h. $ 0.00 – DMV Transfer of Ownership & Release of Liability. i. $ 0.00 – Storage. j. $ 0.00 – Vehicle History Report. k. $ 50.00 – Drive Cycle. l. $ 200.00 – Transportation of vehicles and equipment Currently at contractors rate base rate for vehicles at $150.00 per unit. Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A 19 | Page K. COST AND PAYMENT Contractor must provide a fee schedule detailing charges to the buyer and/or seller of property. The Contractor is to make full payment to the District no later than twenty (20) working days from the date of the auction. Payments will include a statement showing line item detail for each vehicle, piece of equipment, or lot sold. All auction proceeds and fees attributable to each specific vehicle, piece of equipment, or lot sold will be listed in the line item detail. Fees attributable to unsold property will not be deducted from payments to the District until after the property has been sold. US Auctions proposes the following rates for cost of services to the City of Palm Springs, Palm Springs Transit District to be retain form total gross sales: a. 0 % Commission - Passenger Vehicles, light, medium and heavy-duty trucks. b. 0 % Commission – Construction Equipment, Trailers. c. 0 % Commission – Miscellaneous surplus property. d. $ 0.00 – Advertising & Marketing. e. $ 0.00 – Interior/Exterior wash & vacuum. f. $ 0.00 – Smog/Safety Inspection. g. $ 0.00 – Decommission & Delogo. h. $ 0.00 – DMV Transfer of Ownership & Release of Liability. i. $ 0.00 – Storage. j. $ 0.00 – Vehicle History Report. k. $ 50.00 – Drive Cycle. l. $ 50.00 – Transportation of vehicles and equipment Docusign Envelope ID: E2C3E009-D7B0-4008-85F5-BB8FE999F34A