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ev <br />`y INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />1 CLERK OF COUNCIL <br />f DATE'. <br />AMUSEMENT DEVICE PROVIDER AGREEMENT <br />N-2022-048 <br />THIS AGREEMENT is made and entered into this 1A day of February, 2022, by and <br />between Super Birthday, Inc., a California corporation, dba Mini Express ("Provider") and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />Utbr AN LMAY(a (Atyi) ( 0i T. T_ <br />RECITALS <br />A. The City desires to retain a provider to furnish a trackless train activity for the City Library's <br />Dia de los Ninos, Dia de Ins Libros (Children's Day, Book Day) to be held on April 30, <br />2022 at the Santa Ana Main Library ("Event"). <br />B. Provider represents that Provider is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that it is <br />knowledgeable in its field and that any services performed by Provider under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected. <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 />Provider shall furnish a trackless train, including setup and teardown, as well as the <br />equipment necessary and at least one (1) staff member to operate the attraction, as more fully <br />described in Exhibit A attached hereto and incorporated by reference. City grants Provider the <br />right to enter its property for the purpose of delivery, set-up, operation, and pick-up. The event <br />shall occur on Saturday, April 30, 2022 from 10:30 a.m. - 2:00 p.m. at the Santa Ana Library, <br />and shall be disassembled and removed by Provider at the conclusion of the Event. <br />2. COMPENSATION <br />a. City agrees to pay, and Provider agrees to accept as total payment for its services an <br />amount not to exceed Eight Hundred Fifty Dollars and Zero Cents ($850.00), as identified in <br />Provider's quote, attached hereto as Exhibit B and incorporated by reference. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to the City's accounting procedures. Payment <br />need not be made for work that fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by the City. <br />KlNONNI-WITM <br />This term of this Agreement shall commence on April 30, 2022 and end on May 1, <br />2022, unless terminated earlier in accordance with Section I 1 below. <br />Pagel of 8 <br />