R17-085 1
2 RESOLUTION NO. R17-085
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER TO SIGN AN AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND J.J.
7 KANE ASSOCIATES INC., D/B/A J.J. KANE
8 AUCTIONEERS FOR DISPOSAL OF VEHICLES AND
9 EQUIPMENT SUBMITTED BY PUBLIC WORKS
10 DEPARTMENT; AND PROVIDING AND EFFECTIVE
11 DATE.
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14 WHEREAS,Fleet Maintenance has identified 21 items which are obsolete, damaged,
15 surplus and no longer of use to the City; and
16 WHEREAS, auctioning these items will remove the need to store the items in and
17 around the Public Works compound,taking up valuable space and will remove the items from
18 the City's fixed asset records; and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
20 recommendation of staff, has deemed it to be in the best interests of the citizens and residents
21 of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach
22 and J.J. Kane Associates, Inc., d/b/a J.J. Kane Auctioneers for the disposal of vehicles and
23 equipment submitted by the Public Works and Fleet Maintenance Department.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Manager is hereby authorized to sign an Agreement between
30 the City of Boynton Beach and J.J. Kane Associates, Inc., d/b/a J.J. Kane Auctioneers for the
31 disposal of vehicles and equipment submitted by the Public Works and Fleet Maintenance
32 Department, a copy of which Agreement is attached hereto as Exhibit"A."
33 Section 3. That this Resolution shall become effective immediately upon
34 passage.
35 PASSED AND ADOPTED this 7th day of September, 2017.
36
37 CITY OF BOYNTON BEACH, FLORIDA
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39 YES NO
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41 Mayor— Steven B. Grant c,"
42
43 Vice Mayor—Justin Katz
44
45 Commissioner—Mack McCray 5cn
46
47 Commissioner— Christina L. Romelus
48 e/
49 Commissioner—Joe Casello
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51
52 VOTE '-71--6
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54 ATTEST:
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57 ZtAz L
58 Ju�_J A. Pyle, C r
59 4y Clerk
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6162
63 (Corporate Seal)
S .r.
64
42.
Kafte
Investment Recovery
Daldionwaxs
Walter Gillis,Account Manager
1235 12th Ct
Jupiter, FL 33477
Mobile(772)418-0188
Fax(772)382-0782
Contact: Lori LaVerriere
Company Name: The City of Boynton Beach
Express Mail Address(No P.O. Boxes):222 NE 9`1'Ave
City: Boynton Beach
State: FL
Zip: 33435
Phone: 561-742-6202
Fax: 561-742-6217
Email: robertsc@bbfl.us
This agreement made the 3`d day of May 2017,between The City of Boynton Beach(hereinafter called
"Seller")and J.J. Kane Associates Inc/trade name J.J.Kane Auctioneers(hereinafter called"Auctioneer",
acting as agent for"Seller"). It is agreed as follows:
1) Time Frame
a) The Seller hereby engages the Auctioneer to sell at public absolute auction sale,the property
identified by the seller excluding chemicals,hazardous and/or environmentally unsafe
equipment/material unless mutually written upon between Seller and Auctioneer.
i) The Seller chooses to participate starting on the date of the agreement for a period of one(1)
year.
ii) This agreement shall cover auction sales conducted in the United States at JJ Kane and other
facilities.
iii) The Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills
coming from Seller property/auction items that are offered for sale during this agreement.
The prompt and proper clean-up of any spills, leaks or other releases of petroleum or chemical
substances and materials will be preformed following Federal,State and Provincial
regulations. Auctioneer on certain occasions where a spill has occurred,notification to certain
Federal, State and Provincial agencies may be required. Seller shall be responsible for all
costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical
spills in accordance with any Applicable Laws. All clean-up/proper disposal costs will be
billed back to the Seller and deducted from Seller sale proceeds. If said proceeds shall not
cover the cost of spill cleanup/disposal,Seller will be billed the difference and Auctioneer
shall be paid within 10 business days of dated invoice. The obligations set forth in this
Article shall survive termination or expiration of this Agreement.
2) Auction Company Personnel
a) Auctioneer shall provide all necessary auctioneers,accountants,clerks and office staff required to
achieve the efficient and orderly performance of the auction sale. The Auctioneer shall employ
qualified personnel to perform these jobs and shall perform this engagement in a professional and
skilled manner in accordance with all applicable,federal,state and local laws and regulations.
3) As-Is& Where-Is Auction Sales
a) The property/auction items will be offered for sale individually,or in the case of small
miscellaneous items sold in lots as determined by the Auctioneer.The property/auction items will
be sold on an"As-Is Where-Is"basis without any warranties of any kind expressed or implied.
b) Seller agrees to disclose to Auctioneer any known defects or faults with property/auction items
prior to the auction sale.
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4) Marketable Title
a) The Seller specifically warrants they are the owner of and have marketable title to all of the
property,free and clear from any liens,debts or encumbrances except as noted. The Seller further
warrants that there are no judgments or liens against it and that there are no pending legal actions,
claims or proceedings whatsoever which in any way would hinder,prevent or otherwise affect its
right or ability to sell the property at auction sale.
b) Seller agrees to deliver on request any documents,certificates,proof of ownership or titles,which
would be required to deliver title to the property.
c) In the case that there is a delay in the new purchaser receiving a clear title for any vehicle or trailer
sold for the Seller,the net proceeds from the sale will be held,until a free and clear title is
received by the purchaser,or at the discretion of the Auctioneer,that item would be pulled from
the auction sale and remain.the Sellers property.
d) If Seller is a motor vehicle dealer, list dealer state&dealer number:
5) Titles On-Site
a) The Seller agrees to have all signed titles,a letter of authorization to sell your vehicles and any
other related paperwork(seller specific bills of sale),either in my hands by_30 days prior to sale
dates_or hand delivered to the sale site by_7 days prior to sale date_.
b) To comply with motor vehicle rules and so new purchasers may transfer ownership with minimal
problems,a letter of authorization needs to be on your company letterhead and must accompany
all titles. Below is a sample letter:
To Whom It May Concern:
ABC Construction Company gives J.J.Kane Auctioneers authorization to sell vehicles and/or
equipment owned by ABC Construction Company at your auction sales conducted during
calendar year 2017 in the United States.
Sincerely
Your Name
Signature
6) Delivery Of Auction Items
a) The Seller agrees to have said property/auction items delivered to the sale site starting_30 days
prior to sale date_and no later than_7 days prior to sale date_. Items must be delivered in
running condition(except when noted)with adequate fuel levels and a duplicate set of keys.
7) Insurance Coverage
a) The Seller agrees to maintain proper insurance coverage on the property/auction items being sold
until the day of the auction sale.
b) The Auctioneer and owner of the sale site property will not be responsible for any damages to
property/auction items resulting from acts of nature,theft,accident and/or vandalism while Sellers
property is on the sale site.
c) Auctioneer shall be responsible for loss or damage to Sellers property/auction items due to
Auctioneers willful or negligent acts or omissions.
8) Commission
a) The Seller agrees to pay the Auctioneer a commission rate of_0_percent on the gross selling
price of every item identified by the Seller.
b) The Seller agrees that Auctioneer will charge a 10 percent fee to the buyer for each item sold.
c) The Seller agrees when applicable,that the Auctioneer may deduct its commission from the
proceeds of the auction sale.
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9) No Sales
a) In the event that a successful bidder attending the auction sale or bidding live over the internet
fails to pay for an item for which he is designated to be the high bidder,that property/auction item
would be considered a"No Sale"and no commission would be charged on that item and the Seller
would retain ownership of said item.
10) Reimbursed Expenses
a) If applicable and pre-approved,the Seller agrees that the Auctioneer may deduct the exact cost for
any additional services that Auctioneer provides Seller from the proceeds of the auction sale.
(1) Advertising N/A
(2) Decommissioning&Washing N/A
(3) Repairs N/A_
(4) Transportation To Sale Site_Cost
(5) Other N/A
11) Payout
a) Auctioneer will charge and collect from the purchaser,the purchase price together with all
applicable taxes. Auctioneer will collect payment in full from the purchaser,prior to any property
being removed. Seller shall be responsible for the payment of all income taxes accruing to Seller
for revenue received from the sale of property.
b) The Auctioneer agrees to pay the Seller the net proceeds from the auction sale 14 business days
following the auction sale. Auctioneer shall mail a written report to Seller listing items sold and
an amount equal to 100_percent of the gross selling price of the property sold at auction,as
outlined under section(8)and less any approved expenses as outlined under section(10),in the
form of a check made payable or electronic transfer to the Seller. Proof of all approved expenses
will be provided with the payout.
(1) Proceeds check will be made payable and mailed to the same name and address as it
appears on page 1 of this contract unless otherwise listed:
12) Absolute Unreserved Auction Sales
a) The Seller understands that the Auctioneer conducts absolute unreserved public auction sales
where each item is sold to the highest bidder regardless of price.
b) Furthermore,the Seller understands/agrees that it is illegal for the Seller or an agent of the Seller
to bid on and/or buy-back any items owned by the Seller.
c) If the Seller or agent for the Seller attempts to bid on and/or buy back any of the consigned
property/auction items,the Auctioneer will at his discretion choose one of the following actions:
(1) Pass the item currently being offered for sale along with all the other Seller's
property/auction items.
(2) Sell the item to the last"Good Faith"bidder before the Seller or agent for the Seller
began bidding on the property/auction item.
d) The Seller agrees that it will reimburse Auctioneer for any lost revenue,including seller's
commission,buyer's fee and/or any pre-approved reimbursed expenses if a"Buy Back"takes
place.
13) Advertised Items
a) At the Auctioneers discretion, in the event that the Seller removes any advertised property/auction
item from the auction sale,Seller agrees to pay the Auctioneer a handling fee of$500.00 for each
item removed from the sale.
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14) Breach Of Contract
a) In the event either party breaches any of the warranties contained herein or makes any
misrepresentation, that party agrees to indemnify and hold the other party harmless from any and
all liabilities or damages arising out of or relating to such breach or misrepresentation, including
attorney's fees and other costs expended in any action or proceeding arising out of or relating to
the breach or misrepresentation.
15) Entire Agreement
a) This Agreement contains the entire agreement between the parties and there are no other
terms, obligations or representations, written or oral, other than contained in this
agreement. This agreement may be modified only by a further writing that is duly
executed by both parties.
b) Headings used in this agreement are provided for convenience only and shall not be used
to construe meaning or intent.
16)The following section shall apply to the following vehicle mounted aerial devices
(Hereinafter referred to as "aerial device"):
a. Extensible boom aerial devices; and
b.Aerial Ladders; and
c. Articulating boom aerial devices; and
d. Vertical towers; and
e. A combination of any of the above. The vehicle may be a truck, a trailer, or an all-
terrain vehicle.
It shall be the sole and exclusive responsibility of Seller to provide Auctioneer with the
operations, maintenance and manufacturer's manual(s) for each aerial device to be auctioned by
Auctioneer. Seller acknowledges and agrees that their responsibility to provide all operations,,
maintenance and manufacturer's manual(s)shall continue in perpetuity even though Auctioneer is
selling said items for the Seller. In the event Seller does not provide all operations,maintenance
and manufacturer's manual(s)to Auctioneer,Auctioneer shall, in its own discretion, refuse to
auction any aerial device until such time as the operations,maintenance and manufacture's
manual(s) are provided from Seller to Auctioneer. Auctioneer may notify Seller of the name and
location of the successful purchaser within a reasonable time upon completion of the sale. Seller
hereby acknowledges its responsibilities in accordance with American National Standards
Institute A 92.2-2009 in full and most specifically section 8.7 therein.
17) Disputes.
a) Any disputes that arise between the parties with respect to the performance of
this Contract, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Contract shall be construed under
Florida Law.
18) Retention of Records.
a) City shall have the right to audit the books, records, and accounts of Association
that are related to the Project. Association shall keep such books, records, and accounts as may
be necessary in order to record complete and correct entries related to the Event.
b) Association shall preserve and make available, at reasonable times for
examination and audit by the City, all financial records, supporting documents, statistical records,
and any other documents pertinent to this Agreement for the required retention period of the
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Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public
Records Act is not applicable, for a minimum period of three (3) years after termination of this
Agreement. If any audit has been initiated and audit findings have not been resolved at the end of
the retention period or three (3) years, whichever is longer, the books, records, and accounts shall
be retained until resolution of the audit findings. If the Florida Public Records Act is determined
to be applicable to the Association's records, the Association shall comply with all requirements
thereof; however, no confidentiality or non-disclosure requirement of either federal or state law
shall be violated.
Seller hereby accepts all of the terms and conditions set forth above.
J.J. Kane Auctioneers The City of Boynton Beach
Contact: Walter Gillis Contact: Lori LaVerriere
Signature: Signature:
Date: Date:
Please FAX back:
1) signed contract
2) "the Statement requested in Item #5 (and also prepared on the following,5th, page),
printed on your Company Letterhead and signed"
To: Walter Gillis,FAX (772-382-0782)
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Date: 05-03-17
To Whom It May Concern:
The City of Boynton Beach gives J.J. Kane Auctioneers authorization to sell vehicles and/or
equipment owned by The City of Boynton Beach at your auction sales conducted during
calendar years 2017 in the United States.
Sincerely,
Lori LaVerriere
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