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INSURANCE ON FILE <br />WORK MAY PROCEED N-2020-067 <br />UNTIL INSURANCE EXPIRES <br />06 lb 1 /102 a <br />CLERK OF COUNCIL <br />DATE'. <br />QWups sandrq s,Mon ds AGREEMENT TO PROVIDE AUCTION SERVICES <br />THIS AGREEMENT is made and entered into this Ist day of April, 2020 by and between J.J. <br />Kane Associates, Inc. dba Ken Porter Auctions ("Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a contractor to provide auction services for the <br />disposition of excess City -owned equipment. <br />B. Contractor represents that it is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform the services described in the scope of work that is attached as <br />Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services under this Agreement, the rates and charges identified in Exhibit A. The <br />total sum to be expended under the term of this Agreement shall not exceed <br />$25,000. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals and Scope of Work, which may <br />reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and and terminate on <br />September 30, 2020, unless terminated earlier in accordance with Section 17, below. The term <br />of this Agreement may be extended for up to six months upon a writing executed by the City <br />Page 1 of 8 <br />