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Appendix A <br />AUCTIONEER AGREEMENT <br />THIS AGREEMENT, made and entered into this day of 2005 by <br />and between . a California (hereinafter "Auctioneer'), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a Auctioneer having special skill and knowledge in the field of <br />municipal auction services. <br />B. Auctioneer represents that Auctioneer is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Auctioneer represents that it is <br />knowledgeable in its field and that any services performed by Auctioneer under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />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 />City hereby retains Auctioneer to conduct a public auction and Auctioneer hereby agrees to <br />conduct such auction in the next available auction of the personal property as received by <br />Auctioneers, and such auction to be on the following terms and conditions: <br />The public auction will be held on the premises of <br />provided. <br />Auctioneers as hereinafter <br />City hereby represents that City has sole and exclusive title to the above described property, has <br />the right to sell same and that the property is free, clear and unencumbered. <br />Auctioneer shall sell the property described above at absolute auction to the highest bidder unless <br />otherwise stated. Auctioneer shall have the right to group items for sale in lots as Auctioneer <br />deems best. <br />Auctioneer shall obtain and pay for such advertising as Auctioneer deems necessary and shall <br />furnish and provide at its own expense such clerks and assistance as Auctioneer deems necessary <br />for the proper conduct of the sale. <br />As soon as reasonably possible after the completion of the sale, and clearinq of all checks <br />tendered, Auctioneer will make full settlement with the City less Auctioneer' commission, <br />charges, or compensation or expenses in accordance with this Agreement. Auctioneer shall not <br />be responsible for the failure of a high bidder to consummate the purchase or to comply with the <br />