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05-22- R TOWN OF PROSPER, TEXAS RESOLUTION NO.05-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE TOWN OF PROSPER AND RENE BATES AUCTIONEERS, INC. ON BEHALF OF THE TOWN OF PROSPER, TEXAS. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an Agreement by and between the Town of Prosper and Rene Bates Auctioneers, Inc. a copy of which is attached hereto and incorporated herein for all purposes. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 10th day of May, 2005. arle Niswanger, Mayor ATTEST TO: Shanae Jennings wn Secretary PROFESSIONAL SERVICES CONTRACT FOR ONLINE AUCTIONEERING SERVICES Rene' Bates Auctioneers, Inc. (hereinafter referred to as RBAI) proposes to conduct Online Auctions for the Town of Prosper, Texas on an as needed basis, under the following terms and conditions: Rene' Bates Auctioneers, Inc.'s Responsibilities: 1. Conduct online auctions for the Town of Prosper, Texas, at the Town's request. 2. Determine and inform the Town of Prosper, Texas of starting prices set by Rene' Bates Auctioneers, Inc. for each online auction item. The Town of Prosper, Texas and the auctioneer should agree on the starting prices. 3. Complete and send to the Town of Prosper, Texas, Federal AS— IS/WHERE IS forms for each auction vehicle. 4. Post all online auction information on www.renebates.com and display auction items for one month to two weeks prior to the closing date of each online auction conducted. 5. E-mail each of our online auction customers when a new Town of Prosper auction is added to the site. 6. Collect all auction proceeds and applicable sales tax and generate e-Invoices for both the Town of Prosper, Texas and the buyers for each auction item sold. 7. Remit all monies, less commission,to the Town of Prosper, Texas. 8. Remit all sales tax collected to the State of Texas. The Town of Prosper,Texas' Responsibilities: 1. Provide list of all items to be sold and gather all information on fleet and miscellaneous auction items. 2. Take digital photographs of each auction item and send to RBAI. 3. Have Fleet Manager or designee complete Vehicle Information Sheet on all vehicles and heavy equipment and forward to RBAI. 4. Attach Federal AS—IS/WHERE IS forms on each auction vehicles. 5. Conduct onsite viewing of all auction items before the closing of each online auction for bidders to come and physically inspect all auction items. 6. Contact local news media for PSA informing bidders of upcoming online auction and handle all legal advertising as required by the Town of Prosper, Texas. 7. Transfer all titles to successful buyers after the Town of Prosper, Texas has received a "PAID"e-Invoice from Rene' Bates Auctioneers, Inc. 8. Oversee removal and checkout of all paid auction items. Rene' Bates Auctioneers, Inc. proposes to conduct Online Auctions for the Town of Prosper, Texas for 10%of all fleet vehicles, heavy equipment and miscellaneous items. These auctio will).*co duct d on an as needed basis for the Town of Prosper, Texas. Rene' Bates Auctio , Inc. Date: S n of Pros er, Texas Date: