HomeMy WebLinkAbout900220.tiff RESOLUTION
RE: APPROVE AUCTION CONSIGNMENT AGREEMENT WITH MANHEIM AUCTIONS
AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board has been presented with an Auction
Consignment Agreement with Manheim Auctions, and
WHEREAS , the terms and conditions of said Agreement are as
stated in the Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Auction
Consignment Agreement with Manheim Auctions be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
March, A.D. , 1990 .
ATTEST: N‘YeGuSy BOA OF COUNTY COMMISSIONERS
WE OUNTY, COLORADO
Weld County erk and Recorder k.
and Clerk to the Board Gene R. Bran ner, Chairman
_
BY: r n.. = i Geo ge Kennedy, Pr-Orr-air 1/4-
Deputy County Cl rk p
APPROVED AS TO FORM: Constance L. Harbert
cjC.W. Kirb
ounty Attorney
Go . L cy
/2
900220
AUCTION CONSIGNMENT AGREEMENT
This agreement, made this YYI day of /V/9r2%'l , 1990, by
and between vVELd 00, 017 , hereinafter referred as
Consignor, /
, and MANHEIM AUCTIONS, hereinafter referred to as
Auctioneer, 1400 Lake Hearn Drive, Atlanta, Georgia, 30319, sets forth
the terms and conditions under which Consignor agrees to consign vehicles
designated by it, its subsidiaries or its affiliated companies and Auctioneer
agrees to receive and sell the vehicles at auction.
1. Consignment. Consignor shall furnish vehicles to Auctioneer on
consignment in such mix and quantity and at such time as Consignor deems
appropriate. Vehicles shall be either delivered to Auctioneer by consignor,
or picked up by Auctioneer as determined by the parties. All vehicles
furnished Auctioneer shall be on consignment and no title or property rights
be transferred until sold by Auctioneer.
2. Storage. Auctioneer shall provide storage space for vehicles
delivered to it by Consignor until the same are sold at auction or retaken
by Consignor.
3. Certificate of Title and Registration. Consignor will forward
to Auctioneer the certificate of title and/or registration for such vehicles,
together with any other documents in possession of Consignor to effect
transfer upon sale. If the Consignor's representative will not be attending
the sale, all documents necessary to effect transfer upon sale shall be
endorsed as required, prior to their being forwarded to Auctioneer. If
the Consignor's representative does attend the sale, endorsement of documents
necessary to effect transfer upon sale may be accomplished by the representativ
&.0220
on the day of the sale. Consignor agrees to provide completed Federal
Odometer Disclosure Statement along with title document for each automobile
being sold. If for any reason Consignor is unable to complete the Federal
Odometer Disclosure Statement, at Consignor's request, Auctioneer may
execute the Statement for the Consignor, as long as Consignor provides
Auctioneer with a written statement indicating that Auctioneer is being
authorized to execute the Statement, the Auctioneer will be held harmless
from any and all causes of action associated therewith, and the Auctioneer
will not be construed as an agent of the consignor. Auctioneer will not
deliver, endorse or otherwise part with the possesstion of such documents
except to the purchaser of the vehicle after sale and receipt of payment
in accordance with the terms of this agreement.
4. Sale of Vehicles. A sale shall be complete when the Auctioneer
so announces by the fall of the hammer. The Auctioneer shall withdraw a
vehicle from the sale if: (a) the authorized Consignor representative
withholds approval of the pending bid; or (b) no bid exceeds the minimum
price communicated by Consignor to the Auctioneer as acceptable. All sales
shall be on a cash basis, due and payable on the day of the auction.
Auctioneer shall be responsible for all collection matters relating to
the sale of consigned vehicles, and after auction is paid for the vehicles,
shall guarantee payment to Consignor. On the day of the auction, Auctioneer
shall remit to Consignor its check or checks for the full net amount owing
to Consignor along with an itemization of vehicles sold by identification
number and sale prices. All charges and fees due Auctioneer shall be
deducted from the check or checks remitted to Consignor. Auctioneer's
compensation shall be as described on the addendum page entitled "Fee
Schedule."
5. Permits. Auctioneer will obtain and maintain as long as it shall
auction vehicles for Consignor, all licenses and permits necessary for
the lawful conduct of such activity.
6. Indemnity, Theft or Conversion. Auctioneer shall be responsible
to Consignor for, and indemnify and hold it harmless from, any theft or
conversion of any vehicles or any part thereof after the same has been
consigned to Auctioneer and until sold to a purchaser at auction. Value
-2-
9U+0220
for total loss of any vehicle by theft or conversion shall be determined
by averaging the current clean wholesale value listed in Black Book and
the trade-in value listed in NADE Guide Book, plus or minus adjustments
for equipment, mileage and condition. Auctioneer shall not be responsible
for loss or damage resulting from Acts of God such as, but not limited
to hail, windstorms, and lightning.
7. Insurance/Risk or Loss. While Consignor vehicles are in Auctioneer's
custody and control, Auctioneer agrees to provide General Liability Insurance
with limits of not less than $1 million Bodily Injury and Property Damage
combined per occurrence; Automobile Liability Insurance with limits of
not less than $1 million Bodily Injury and Property Damage combined;
Statutory Workers' Compensation Insurance, including Employers' Liability
Insurance with a limit of $1 million per Accident; and Garagekeepers Liability
Insurance (Comprehensive and Collision) with a limit of not less than $1
million per location. Auctioneer shall deliver to Consignor evidence of
such insurance coverage in the form of a Certificate of Insurance. All
such insurances shall give Consignor at least 30 days prior written notice
of cancellation.
8. Modification or Termination of Contract. This Agreement shall be
effective as of the date hereof and shall continue to be in effect until
terminated by either party upon 30 days prior written notice to the other.
On any such termination, the account of each party with the other shall
be settled and paid as promptly as possible.
In witness whereof, WQ 'Cr L DZG7l and
MANHEIM AUCTIONS have duly executed this Agreement as of the S day Min
of 1990.
MANHEIM AUCTIONS put in company & adidress
1400 Lake Hearn Drive Cvu.n I9 OF We l &
Atlanta, GA 319 j� "I S
�C Cu k Xa1
By late
Ti le aPi2m Mh' lV� (U /'F1xN1D1fiSrMe,
Title
"
900220
EXHIBIT A
This "Schedule of Fees" as an attachment is to be made part of the Auction
Consignment Agreement executed on the , 1990 by and
between Manheim Auctions and
SCHEDULE OF FEES +
* Auction Fee . $ 90.00 per vehicle
Administrative & Selling
** Appearance Reconditioning . $ 75.00 per vehicle
Total . $165.00 per vehicle
INDIVIDUAL SERVICES:
Transportation . Established local rates
Vehicle Condition Report (only) . $10.00 per vehicle
Car Wash . $10.00 per vehicle
Wash & Vac . $25.00 per vehicle
Re-Wash ++ . $ 4.00 per vehicle
Parts . $ Cost + 20%
Antifreeze Check . $3.00
Gasoline . At local auction rates
Sublet . Auction cost + 15%
Storage . None if sold at auction
Storage (only) . $3.00/day - Maximum $90.00
Rerun Fee *** . $10.00 per vehicle
Removal Fee . Accumulative of costs
for services rendered
LABOR RATES:
Paint & Body Work . $30.00 per hour
Mechanical & Parts Installation . $25.00 per hour
+ Does not include Exotice Highline Sales
* Auction fees include all handling costs such as arranging for trans-
portation, storage, condition reports for vehicles sold at auction,
registration, special computer reports and any other items necessary
to have the vehicle in block rotation ready for auction in its
predetermined sequence.
** Appearance reconditioning includes commercially acceptable and as
appropriate cleaning of engine and engine compartment, clean and
vacumm trunk compartment, clean wheels and tires, clean, vacumm,
and shampoo the interior, touch up paint where necessary and wash,
compound and polish the exterior.
*** Chargeable each time the vehicle is passed over the block after
the second run.
++ Re-Wash is free for the first and second passes over the block---
$4.00 re-wash fee for each additional wash on successive passes
over the block.
900220
EXHIBIT A
MANHEIM AUCTIONS
AUCTION LABOR RATES
MECHANICAL
PAINT AND AND PARTS/
BODY WORK INSTALLATION
********** ************
LABOR RATE LABOR RATE
PER HOUR PER HOUR
AMERICAN AUTO AUCTION $ 30.00 $ 25.00
ARIZONA AUTO AUCTION $ 30.00 $ 25.00
ATLANTA AUTO AUCTION $ 30.00 $ 25.00
BIG H AUTO AUCTION $ 30.00 $ 25.00
BISHOP BROS AUTO AUCTION $ 30.00 $ 25.00
BUTLER AUTO AUCTION $ 30.00 $ 25.00
CALIFORNIA AUTO DEALERS EXCHANGE $ 30.00 $ 25.00
COLORADO AUTO AUCTION $ 30.00 $ 25.00
DEALERS AUTO AUCTION OF DALLAS $ 30.00 $ 25.00
FLORIDA AUTO AUCTION OF ORLANDO $ 30.00 $ 25.00
FREDERICKSBURG AUTO AUCTION $ 30.00 $ 25.00
FRESNO AUTO DEALERS AUCTION $ 30.00 $ 25.00
IMPERIAL AUTO AUCTION $ 30.00 $ 25.00
KANSAS CITY AUTO AUCTION $ 30.00 $ 25.00
LAKELAND AUTO AUCTION $ 30.00 $ 25.00
MANHEIM AUTO AUCTION $ 30.00 $ 25.00
MANHEIM'S OSHAWA DEALERS EXCHANGE - -
METRO MILWAUKEE AUTO AUCTION $ 30.00 $ 25.00
NATIONAL AUTO DEALERS EXCHANGE $ 30.00 $ 25.00
166 AUTO AUCTION $ 30.00 $ 25.00
RIVERSIDE AUTO AUCTION $ 30.00 $ 25.00
SOUTHWEST AUTO AUCTION $ 30.00 $ 25.00
TORONTO AUTO AUCTION $ 30.00 $ 25.00
900220
Hello