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INSURANCE NOT ON FILE WORK MAY NOT PROCEED JUN 2 3 2021 CLERK OF COUNCIL DATE: A-2021_pg9_p1 AGREEMENT TO PROVIDE TEMPORARY EXHIBITS FOR THE SANTA ANA ZOO PR�i)�$i1v;,Cuevas)(Tr) THIS AGREEMENT is made and entered into this 15th day of June, 2021, by and between Breeze Creative LLC, a Florida limited liability company ("Consultant"), 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. In October of 2020, the City issued Request for Proposal ("RFP") No. 20-104, by which it sought Consultants for temporary special exhibits as needed for the Santa Ana Zoo. B. Consultant submitted a responsive proposal dated November 11, 2020 and was among those companies selected by the City to be awarded an Agreement. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-104 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. 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 a. On an as -needed basis, and at the sole discretion of City, Consultant shall provide digital interactive exhibits pursuant to the parameters described in Exhibit A. The exhibits are anticipated to run during the Spring and Summer season (approximately March — July of 2021, 2022, and 2023 but subject to negotiation). b. When the need for services arise, City may initiate services through use of a letter agreement which will set forth the specific details as to the special temporary exhibit selected by the City including but not limited to set up, take down, and maintenance, executed by the Executive Director of the Parks, Recreation, and Community Services Agency and the Consultant. c. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of four (4) Consultants selected to provide temporary exhibits for the Santa Ana Zoo on an as needed basis under RFQ No. 20-104. The total A( Page 1 of 10