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INSURANCE NOT ON FILE N-2021-228 <br />h WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />K&o EEMENT FOR THE PROVISION OF ENTERTAINMENT SERVICES FOR THE <br />z PLAZA NAVIDENA EVENT <br />Pi' aft (son i4.5%.4moM T.T . <br />THIS AGREEMENT is made and entered into on this 15_ day of November, 2021 by and <br />between Darrell Wagner, a sole -proprietor dba Professional Entertainment ("Contractor"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing <br />under the Constitution and laws of the State of California ("City"). City and Contractor may <br />be collectively referred to as the "Parties" or individually as a "Party." <br />RECITALS <br />A. The City desires to retain a contractor to having special skill and knowledge in <br />the field of providing entertainment services for the Plaza Navidena Event on <br />November 20, 2021. <br />B. Contractor represents that it is able and willing to provide entertainment <br />services for the Plaza Navidena event on November 20, 2021. <br />C. In undertaking the performance of this Agreement, Contractor represents that it <br />is knowledgeable in its field and that any services performed by Contractor under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the terms and conditions hereinafter set forth, the Parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform during the term of this Agreement, the tasks and services <br />described and set forth in Exhibit A, attached hereto and incorporated by reference. Such <br />obligations include but are not limited to providing the performance of mariachi music at the <br />Plaza Navidena event on November 20, 2021, from 6:00 p.m. — 8:00 p.m at Calle Cuatro <br />Plaza, 325 E. 4th Street, Santa Ana, CA 92701. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />for City, the rates and charges identified in Exhibit A. The total amount to be <br />expended during the term of this Agreement shall not exceed one thousand six <br />hundred fifty dollars and zero cents ($1,650), which includes (1) a base sum of <br />$1,500 and (2) a ten percent (10%) contingency in the amount of $150 for <br />additional services at the City's sole discretion. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work that fails to meet the standards <br />Page 1 of 8 <br />