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ON FILL <br />WORK MAY %1 PRO ED <br />�1'LERK OF COUNCIL <br />1DATE.� . = 4- mg <br />O: PRCS(/} <br />N-2017-045 <br />CATERING SERVICES AGREEMENT <br />Silvia Cuevas THIS AGREEMENT is made and entered into this 18tb day of April, 2017, by and <br />between Super Antojitos ("Provider") 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 <br />("City'). <br />RECITALS <br />A. The City desires to retain a service provider having special skills, resources and knowledge <br />to provide food catering for the Fiestas Patrias event. <br />S. 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 the 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 perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended under this Agreement <br />shall not exceed Five Thousand Eight Hundred Ninety Two Dollars ($5,892.00) during the term <br />of this Agreement. This amount includes a 20% contingency of up to $982.00 for services as <br />may be provided by Consultant at the sole discretion of City. <br />3. TERM <br />This Agreement shall commence on the date first stated above and terminate on May 8, <br />2017 unless terminated earlier in accordance with Section 11, below. The Term of this <br />Agreement may be extended by a writing executed by the City Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer -employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the manner in which Provider performs <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />Page 1 of 7 <br />