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<br />. , 209 <br />' <br /> AUCTIONEER SERVICES AGREEMENT <br /> This three party Agreement is made this the 20th day of May ,1997, <br />between the CITY OF SAN MARCOS, TEXAS, ("City") 630 East Hopkins, San Marcos, <br />Texas 78666, HAYS COUNTY ("County") 102 North LB.J. and RENE' BATES <br />AUCTIONEERS, INC., Route 4, McKinney, Texas 75070 ("Auctioneer"), for the provision <br />of auctioneer services in connection with auctioning of City and County personal property <br />and abandoned and unclaimed property held by the City and County. <br /> The City, County and Auctioneer agree as follows: <br /> ARTICLE 1 <br /> AUCTIONEER'S SERVICES AND RESPONSIBILITIES <br />1.1 STANDARDS OF PERFORMANCE <br />1.1.1 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, bupiness licenses and <br />any other permits required will remain current. <br />1.1.3 All services specified under this Agreement will be performed by Auctioneer for each <br />auction conducted on behalf of City and County by Auctioneer during the term of this <br />Agreement. The terms and conditions of this Agreement will be binding upon Auctioneer <br />for each auction it conducts on behalf of City and County. All auctions conducted under <br />this Agreement will be conducted jointly between the City and County. Neither the City nor <br />County will conduct an auction under this agreement independently from the other. <br />1.1.4 The Auctioneer will provide the City and the County with a sufficient number of <br />employees to register all buyers and provide a sufficient number of auctioneers and floor <br />people to expedite sales in an orderly and timely manner. This includes the assistance of <br />removing all sold items from the auction arena after the sales. Included in the Auctioneer's <br />staff members are licensed auctioneers, a computer operator, ringmen, registration clerks, <br />and cashiers. No individual will have a claim against either the City or the County for <br />salaries or compensation (including fringe benefits) or other items of income, cost or <br />expense. <br />1.1.5 The Auctioneer will designate a member of its staff as the Auction Coordinator in <br />writing prior to the auction to assist City and County personnel in the placement of all items <br />to be sold in an order that will attract the most interest of prospective bidders. The Auction <br />Coordinator will be available for a minimum of one (1) full work day before each auction. <br /> 1 <br />