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FEB 0 3 2022 <br />INURANCE NOT Vl`;'' <br />WORK MAY LD <br />CLERK OF LUUNCIL <br />DATE: <br />N-2022-028 <br />AGREEMENT TO PROVIDE ON -CALL FOOD VENDING AT CITY LIBRARY EVENTS <br />LtMrar� (Mattq tWIVOCO)IJ. <br />THIS AGREEMENT is made and entered into on this 16th day of February 2022 by and between <br />Monkey's Munchies, Inc., a California corporation, ("Vendor"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a Vendor having special skill and knowledge in the field of <br />providing quick service food vending for City public library events. <br />B. Vendor represents that Vendor is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Vendor represents that it is <br />knowledgeable in its field and that any services performed by Vendor under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from <br />a professional contracting firm in the field. <br />D. The Parties acknowledge that the City intends to provide events to the public but must balance <br />the need to comply with all COVID-19 guidance and restrictions. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an on -call basis, and at the City's sole discretion, Vendor shall perform the tasks and <br />obligations set forth in Exhibit A, attached hereto and incorporated by reference. Such obligations <br />include, but are not limited to, providing one hundred (100) servings of food for one hundred (100) <br />program participants at the TeenSpace 13th Birthday Celebration at the Main Library on February 16, <br />2022. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Vendor <br />under this Agreement. Vendor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit A and/or Vendor's event menu on their <br />website (https://monkeysmunchiestruck.com/), as it may be amended from time to time, upon <br />mutual agreement between the Executive Director, or their designee, and the Vendor. The total <br />amount to be expended during the term of this Agreement shall not exceed Three Thousand <br />Dollars and Zero Cents ($3,000.00). <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made <br />for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. <br />Page 1 of 7 <br />