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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />1 . 'JO. 21 <br />CLERK OF COUNCIL <br />DATE: <br />A-2022-046-02 <br />AGREEMENT WITH DARREL WAGNER DBA PROFESSIONAL ENTERTAINMENT <br />(GIGROSTER) TO PROVIDE ENTERTAINMENT SERVICES TO THE CITY OF <br />0. e905, / ft�e�o AY <br />A\ 1 SANTA ANA <br />THIS AGREEMENT is made and entered into this 5th day of April 2022, by and between <br />Darrell Wagner, a sole -proprietor dba Professional Entertainment (GigRoster) ("Contractor"), and <br />N the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />�+ RECITALS <br />A. On December 20, 2021, the City issued Request for Proposal No. 21-139, by which <br />it sought a qualified contractor to provide talent for various events for the City's <br />Parks, Recreation, and Community Services Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the <br />City. Contractor represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP 21-139. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting firm 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, Contractor shall perform the services <br />described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit <br />A, and as further described in Contractor's proposal attached as Exhibit B. All Exhibits are <br />incorporated by reference as though completely set forth herein. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for actual services performed <br />under this Agreement at the rates and charges identified in Exhibit B. Contractor <br />is one of two (2) contractors selected to provide services on an on -call basis under <br />RFP 21-139. The total annual compensation for services provided by all <br />contractors selected under RFP No. 21-139 shall not exceed One Hundred <br />Thousand Dollars and Zero Cents ($100,000) with a total Agreement aggregate <br />amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000). <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />Page I of 10 <br />