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INSURANCE NOT ON FILE N-2023-011 WORK MAY NOT PROCEED N CLERK OF COUNCIL N DATE: r— AMUSEMENT DEVICE PROVIDER AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SUPER BIRTHDAY, INC., DBA MINI EXPRESS —' THIS AGREEMENT is made and entered into this I9 day of January, 2023, by and by& A between Super Birthday, Inc., a California corporation, dba Mini Express ("Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a provider to famish a trackless train activity for the City Library's Dia de los Nines, Dia de los Libros (Children's Day, Book Day) to be held on April 29, 2023 at the Santa Ana Main Library ("Event"). B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Provider shall furnish a trackless train, including setup and teardown, as well as the equipment necessary and at least one (1) staff member to operate the attraction, as more fully described in Exhibit A attached hereto and incorporated by reference. City grants Provider the right to enter its property for the purpose of delivery, set-up, operation, and pick-up. The event shall occur on Saturday, April 29, 2023 from 10:30 a.m. — 2:00 p.m. at the Santa Ana Library, and shall be disassembled and removed by Provider at the conclusion of the Event. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services to City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this AGREEMENT shall not exceed Nine Hundred Dollars and Zero Cents ($900.00). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to the City's accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by the City. Page 1 of 8