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<br />147 <br /> <br />AUCTIONEERING SERVICES AGREEMENT <br /> <br />This four party Agreement is made this the 13th day of November, 2000, between <br />the City of San Marcos Texas, (the "City") 630 East Hopkins, San Marcos, Texas 78666, <br />Hays County (the "County") 111 San Antonio Street, the San Marcos Consolidated <br />Independent School District (the "SMCISD"), and Rene' Bates Auctioneers, Inc., Route <br />4, McKinney, Texas 75070 (the "Auctioneer"), for the provision of auctioneering services <br />in connection with the auctioning of City, County and SMCISD personal property and <br />abandoned and unclaimed property held by the City, County and SMCISD. <br /> <br />The City, County, SMCISD and Auctioneer agree as follows: <br /> <br />ARTICLE 1 <br />AUCTIONEER'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />1.1.1 The Auctioneer will perform all services in connection with this Agreement using that <br />degree of care and skill ordinarily exercised by auctioneers which possess special <br />expertise in conducting auctions for cities and counties. <br /> <br />1.1.2 Auctioneer certifies that it is in good standing with all current regulatory and licensing <br />agencies of the State and that all sales tax permits, registrations, business licenses and <br />any other permits required will remain current. <br /> <br />1.2 BASIC SERVICES <br /> <br />1.2.1 All services specified under this Agreement will be performed by Auctioneer for each <br />auction conducted on behalf of City, County and SMCISD by Auctioneer during the term <br />of this Agreement. The terms and conditions of this Agreement will be binding upon <br />Auctioneer for each auction it conducts on behalf of City, County and SMCISD. The City, <br />County and SMCISD will hold an annual joint public auction. This annual public auction <br />will be held at a location as agreed upon by the City, the County and SMCISD. Small <br />auctions may be conducted by either the City, the County or SMCISD at any time during <br />the term of this agreement. <br /> <br />1.2.2 The Auctioneer will provide the City, the County and SMCISD with a sufficient <br />number of employees to register all buyers and provide a sufficient number of auctioneers <br />and floor people to expedite sales in an orderly and timely manner. This includes the <br />assistance of removing all sold items from the auction arena after the sales. Included in <br />the Auctioneer's staff members are licensed auctioneers, a computer operator, ringmen, <br />registration clerks, and cashiers. No individual will have a claim against either the City, the <br />County or SMCISD for salaries or compensation (including fringe benefits) or other items <br />of income, cost or expense. <br /> <br />1 <br />