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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES aLftLC CITY CLERK N-2023-314 DATE NOV 2 0 Z08 AMUSEMENT DEVICE PROVIDER AGREEMENT WITH SUPER BIRTHDAY, INC., FOR TRACKLESS TRAIN AT CITY EVENT THIS AGREEMENT is made and entered into this 20th day of November, 2023, by and 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 furnish a trackless train activity for the City's Public Works Community Family event to be held on May 18, 2024, at the Walnut Water Pump Station ("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: 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, May 18, 2024 from 11:00 a.m. — 3:00 p.m. at the Walnut Water Pump Station, 723 W. Walnut Street, Santa Ana, CA 92701, 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 the fees and rates established in Provider's Quote, attached hereto as Exhibit B, which in no event shall exceed One Thousand, Two Hundred Dollars and Zero Cents ($1,200.00). 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. 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