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AGREEMENT TO PERFORM AUCTION SERVICES This agreement for the provision of auction services ("Agreement") is made and entered in this 17th day of May, 2016 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Ken Porter Auctions ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE I —ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to provide auction services in connection with City's sale of surplus equipment and personal property (the "Services"). The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2—SERVICES OF CONTRACTOR 2.1 The Services that Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Auction Services," which is attached hereto and incorporated herein by reference. 2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to State prevailing wage laws. 2.3 The initial term of this Agreement shall be for three (3) years, commencing on the Effective Date of this Agreement ("Initial Term"). City shall have the option to renew this Agreement for two consecutive one (1) year terms (each a "Renewal Term"), on the same terms and conditions hereof, by providing contractor with at least thirty (30) days written notice of City's election prior to the end of the Initial Term or a Renewal Term. ARTICLE 3— RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services. 3.2 City designates Dana Abramovitz-Daniel, the City's Purchasing Services Manager, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. I VleaWjm\Agreements%c;n Porter AuctionLer Agreement draft for 5.17.16 doc