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INSURANCE NOT ON FILE <br />N-2022-104 <br />WORK MAY IVOT PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />AGREEMENT WITH TWIST AND SHOUT EVENTS, INC., TO PROVIDE ON -CALL <br />N FACE PAINTING AND BALLOON SERVICES AT CITY EVENTS <br />0 <br />9ra THIS AGREEMENT is made and entered into this 8th day of April 2022, by and between Twist <br />b r and Shout Events, Inc., a California corporation ("Vendor"), and the City of Santa Ana, a charter <br />a city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />L*tW ,,1�Aw�C\(A\\ 0 RECITALS <br />yJ /A. The City desires to retain a vendor to provide on -call face painting and balloon <br />services at City events. <br />B. Vendor represents that Vendor is able and willing to provide such services to the <br />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 <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting f nn in the field. <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 />On an on -call basis, and at the City's sole discretion, Vendor shall, during the term of this <br />Agreement, perform the services described in Exhibit A, attached hereto and incorporated by <br />reference, as well as their website (https://twistandshoutevents.com), as it is amended from time <br />to time. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum compensation to Vendor under <br />this Agreement. Vendor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit B. The total compensation <br />for the services provided shall not exceed the amount of Eight Thousand Dollars <br />and Zero Cents ($8,000.00) during the term of this Agreement, including any <br />extension periods. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work that fails to meet the standards of performance <br />set forth in the Recitals and Scope of Work, which may reasonably be expected by <br />City. <br />Page 1 of 9 <br />