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HomeMy WebLinkAboutR-1989-042 i { RESOLUTION NO. 42-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ACCEPTING THE AUCTION PROPOSAL OF FISHER AUCTION CO. , INC . , AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PERSONAL PROPERTY AUCTION CONTRACT WITH FISHER AUCTION CO. , INC. ; AND PROVIDING FOR AN EFFECTIVE DATE . BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the proposal of Fisher Auction Co. , Inc. , attached hereto as Exhibit "A" , is hereby accepted and the appropriate city officials are hereby directed to execute that certain Personal Property Auction Contract , a copy of which is attached hereto as Exhibit "B" . Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this Ilth day of April 1989 . //� PIA 0 - 0 MISS ER ATTEST: CITY CLERK - AUDITOR APPROVED ASTOFORM AND CORRECTNESS // n Q FRANK C. ADLER, City Attorney J Resolution No. 42-89 AUCTION PPOPOSAL CITY OF DANIA 100 W. DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 �X#1191 T 'A i '!c.uANTWDOr EiC Lo A- AUCTION CO.INC. March 21, 1989 Mr. Vernon Johnson Manager Data Processing City of Dania 100 W. Dania Beach Boulevard Dania, Florida 33004 RE: Surplus Auction Dear Mr. Johnson: First, allow me to express our appreciation for the opportunity to submit a proposal to conduct a professional Auction on the above referenced matter. We personally pledge our dedicated best in behalf of you and your venerable city. FISHER AUCTION COMPANY would be pleased to conduct the Auction in accord with these suggestions. DATE Upon the execution of an Agreement for Auction, a date could be caiendared in by mutual agreement. SITE The Auction would be physically conducted on your site. PROMOTION Marketing and advertising costs for these preliminaries to the Auction will approximate Fifteen Hundred Dollars ($1,500.00), which funds are needed as an investment to insure attendance that will guarantee maximum returns. Advertising Budget and Schedule will be reviewed jointly. Portfolio will be prepared with invoices for your documentaticn within 30 days. FISHER AUCTION COMPANY will advance these funds and deduct this amount from the Auction proceeds, due the City of Dania. (305)942-0917 Corp (305)940-1260 Dade (800)331-6620 782-8143 Fax 431 N E First Street. Pompano Beach,FI 33060 1 Mr. Vernon Johnson _ page Two March 21, 1989 FISHER AUCTION COMPANY will utilize our -nailino list for ;our city which contains approximately 3,500 potential buyers. These companies and indivi- duals will receive a direct mail piece for the Auction. FISHER AUCTION COMPANY will prepare a catalogue for the �idders with descriptions and information. PERSONNEL FISHER AUCTION COMPANY will furnish all necessary personnel to conduct said Auction; to include but not limited to all advertising, mailing, tagging, registration, collecting monies, check-out, and a computer print-out. MECHANICS OF AUCTION We will conduct the Auction at the city site. We will have a preview one to two hours prior to the Auction for the bidders to register and inspect the merchandise. There will be no guarantees or warranties expressed or implied. Everything will be sold AS IS; WHERE IS-0 All property will be sold to the highest and/or best bidders without reserve or restriction as to price. CHECX-OUT All inventory should be paid for by the close of business on the day after the Auction (24 hours). This will allow for enough time for settlement from the successful bidders. FEES FISHER AUCTION COMPANY will conduct a professional Auction, meeting and/or exceeding the terms set forth by our proposal, for promotional and adver- tising expenses. we will use the Ten Percent (10%) Buyer's Premium as our commission. SETTLEMENT FISHER AUCTION COMPANY shall receive and deposit all receipts into an escrow account. We will remit all proceeds to your account seven (7) working days following the Auction, along with a computer print-out on the Auction, which will delineate buyer numbers and prices on each lot sold. .Hr. Vernon Johnson Page Three !larch 21, 1989 CONCLUSION agreeable to all parties, we are prepared to proceed forthwith. If .waried the contract , r an convinced that FISHER AUCTION COMPANY car. stage .,action to .meet the needs and expectations of both you and the City of �ania. Moreover, we welcome this opportunity and are immediately available for further discussion and planning the steps to success for your Surplus Auction. We pledge to always protect your interests and make this a matter of paramount importance. •Minor details make a major difference:• We respectfully submit this proposal and await an early acceptance. Enthusiastically (SOLD), FISHER AUCTION COMPANY, INC. JIM P. SOHON Vice President C=mercial Division J'PL3:aIn i i 'i 1 '� AUCTION CQ INC. � L„w Fw Eoe Iwm { i PERSONAL PROPERTY AUCTION CONTRACT { i Agreement Dated: Re: Owners: Address: City: Telephone: Auctioneer: FISHER AUCTION CO.PA.NY lNC. HITNESSETH This Agreement is by and between the above named person(s), hereinafter called •'e"Or(sl' and FISHER AUCTION COMPANY, herd natter called 'Auctioneer.- The Seller and Auctioneer do hereby covenant and agree that the Seller shall ot employ the professional services of the Auctioneer to sell the personal property of flit Seller by the Cerms and conditions of this Agreemen C, and outlined as follows. I. INVENTORY A. Within seven (7) days after signing this Agreement, Seller shall deliver to Auctioneer a complete inventory listing all items co be sold at Auction. D. No item shall be withdrawn or sold from said inventory by Seller Prior to the Auction. C. Seller shall deliver all titles and keys to any automobiles, bases, airplanes, or all such equipment as requires same for legal transfer Co the Auctioneer within the time limits mentioned under 'A)• above. II. TITLE A. Seiler guarantees that all inventory to be sold at Auction is free and clear of all liens and encumbrances of any kind whatsoever. ;k•, B. Seller guarantees Nat any vehicular equipment of toreign manufac- ture or origin, subject to any federal regulatory agency require- . meats for modification, shall have completed such modification Prior to Auctioneer accepting same for Auction. C. Seller shall present evidence to the Auctioneer that all such equipment is in compliance with standards established by the E.P.A. of the U.S. Covernmc C as to pollution control devices at the time Seller delivers title. Title alone shall not serve as evidence. III. ADEOLUTE A. All property is to be sold at 'Absolute Auction' CO the highest bidderfs) without restriction, reserve, nr minimum as to ":'v. B. If Seller bids on any property to bcro,ae the highest bidder sa that said property does not in tact transfer title to new owner, Seller shall pay full commission to Auctioneer on all property bought in such manner. C. Any exception Co the terms of •Absolute Auction• ,:.all Le by separate agreement. 170519 MUCa i3051940-I WWJe i'X1331 6670 163 8143f3, 431B1 RaiSlrW Pet]pant Amc41133PFA i 'i i i I' PERSOffN. PROPERTY AUCTION CONYRAC'1 PACE TdO IV. ADVERTISING A. Seller agrees co pay fnr '11 ativer tie inq expcnss nw.e..a ry m p ronoec• Seller's Auction. B. The a.munt of adve•reis inq expcnc^s :ot r.� e.mecd ($ 1 V. CoxlliI5SI0N A. Seller agrees to pay Auctioneer a commission or ou the Crass Prorecds nralivsl from s.i ie of Selicr's property. .-- B. In addition, Auctioneer shall 0!10nt a Pen Prclent (10%1 Buyer's Premium on all purchases, vhie.0 comm is:non shall he colllrted from Che Buyer. VI. .S(TE i The Auction shall be conducted at r..2e h(lo'..my l.rdtion: Aldress: City/SCotc•/Zip: -- . r• VII. TIME The A.Itlon shall pe conducted .0 fo llcws: Dote: I flour: ----- I AC ?6 W,,EXEDr - i SELLER :'ISfI!R :1'lCTIJfI CJ.MYANYI LYC.— ---- AITNES.^i (EEZLEF) � NITN:SS (FI_fi:Sa AOCTI)f! CJ.MPAN%, fN0.1 __._ — _.. ,y. NIP.l.S.e. !-'RLfF..41 ..,.._- I`�I. 1'n.':,la J