AUCTIONS PLUS INC. 1-2005 - Laserfiche WebLink

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INSURANCE NOT iJN PLE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 6 `7-`5 C : FrnS (b O L-4vtr') A- 2005 -091 AUCTIONEER AGREEMENT THIS AGREEMENT, made and entered into this v�� a/ day of MAT, 2005 by and between Auction Plus Inc. a California Corporation (hereinafter "Auctioneer "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain an Auctioneer having special skill and knowledge in the field of municipal auction services. B. Santa Ana Municipal Code Chapter 2 -703.1 provides that the Executive Director of Finance may employ professional auctioneers and clerks to conduct auctions who shall receive compensation solely out of the proceeds. C. Auctioneer represents that Auctioneer is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Auctioneer represents that it is knowledgeable in its field and that any services performed by Auctioneer under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Auctioneer shall perform those services as set forth in Exhibit A (Auction Plus hic. Proposal Response) as well as Exhibit C (City of Santa Ana Request for Proposal and any Addendums thereto) to this Agreement as well as the services listed in this section. In the event of a conflict between the terms of this Agreement and any attachments and /or Exhibits hereto, the terms of this Agreement shall prevail. City hereby retains Auctioneer to conduct a public auctions of the City's surplus personal property and Auctioneer hereby agrees to conduct such auctions as said personal property is received by Auctioneer, and such auctions to be on the following terms and conditions: 1) The public auction will be held on the premises of Auctioneer as hereinafter provided. In the event the City determines said auction should be held at a different location, City and Auctioneer may agree in writing executed by the Executive Director of Finance and the City Attorney to the new location.