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tMORANCE ON FILE <br />WORK MAY PROCEED <br />h�NI'II.INSURANCE EXPIRES <br />6v" /[- 2-OW/l0 , <br />CLERK OF COUNCIL <br />N-2016-013 <br />DUE: FM 4 - 2316 AGREEMENT FOR PROVISION OF BROI(ERAGE SERVICES FOR <br />r �Oj B j ��} I"IRE EQUIPMENT APPARATUS SALES <br />r>OtCR <br />THIS AGREEMENT is made and entered into this 14th day of January, 2016 by and between Firetec Used <br />Apparatus Sales, a general partnership ("Broker"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California ("City"), <br />RECITALS <br />A. The City desires to retain a professional consultant having special skill and knowledge in the field <br />of fire equipment brokerage to provide listing and marketing services for surplus fire apparatus <br />owned by the City. <br />B. In 2012, following the issuance of RFP No. 12-040, Broker was selected by the City to perform <br />such services and entered into Agreement No, A-2012-195 with the City that expired on August <br />31, 2013. The parties now wish to anter into another agreement under the same terms and <br />conditions. <br />C. In undertaking the performance of this Agreement, Broker represents that it is knowledgeable in <br />its field and that any services performed by Broker under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Broker shall. promote, advertise, and complete the sale documents necessary to sell the inventory <br />of surplus fire equipment owned by the City, as set forth in Exhibit A. This equipment includes <br />the following, and such other equipment as may be identified by the City from time to time <br />("Equipment"): <br />Year Make Model <br />1997 BME Pumper <br />1998 LTI Ladder Truck <br />2000 Freightliner/Eagle ALF/Rescue, <br />In providing services raider this Agreement, Broker acknowledges that the Equipment belongs to <br />the City and that the City retains absolute discretion to accept or reject any proposed transaction <br />brought by Broker. City retains the right to transfer ownership to any entity, based on City's <br />surplus property policy, of any Equipment listed above, prior to the execution of an agreement to <br />sell that piece of Equipment to a third party. In such case, Broker shall not be entitled to <br />commission for that Equipment. City shall notify Broker if such transfer has occurred. <br />