C.H.P. ENTERPRISES DBA KEN PORTER AUCTIONS-2014

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INSURANCE ON FILE wORK MAY PROCEED N -2014 -131 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL 9 �dJ4 STANDARD AGREEMENT FOR CONTRACT AUCTION SERVICES DATE: SEP 6 o'FMsC t CM'4 4&a�roThftgreement, entered into this day 20 day of August 2014, by and between City of Santa Ana (hereinafter referred to as "Agency ") and C.H.P. ENTERPRISES DBA KEN PORTER AUCTIONS, located at 21140 S. Avalon Blvd. Carson, CA 90745 (hereinafter referred to as "Contractor "). RECITALS WHEREAS, Agency desires to obtain the services of a private contractor to perform auctions to dispose of surplus vehicles, construction equipment and other miscellaneous equipment; and WHEREAS, Contractor is a professional auctioneer and has represented that Contractor possesses the necessary qualifications to provide such services; NOW, THEREFORE, IT IS MUTUALLY AGREED THAT AGENCY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. Agency shall compensate and reimburse Contractor as provided in Exhibit B attached hereto and made a part thereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part thereof. 4. Termination. This Agreement may be terminated with or without cause by Agency. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60 -day period Contractor shall perform all contracting services in accordance with this Agreement. This Agreement may be terminated by Agency for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by Agency. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. Contractor shall cooperate with Agency and all of the Agency's other service providers to ensure a smooth transition at the time of Termination, with no interruption of services or other work required under the Agreement, no adverse impact on the provision of services or other work required under the Agreement or Agency's activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties. Contractor shall return to Agency all Agency assets in Contractors possession. 5. Confidential Relationship. Agency may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential whether or not so identified, and shall not disclose any part thereof without the prior written consent of the Agency.