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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />2Q22 CLERK OF COUNCIL <br />JUN 0 DATE: <br />N-2022-158 <br />0: PQCSA (1) AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, DBA MEGA OUTDOOR <br />(Soron W&(Z5 ENTERTAINMENT TO PROVIDE OUTDOOR MOVIE SERVICES <br />THIS AGREEMENT is made and entered into this 3lst day of May 2022, by and between Ultimate <br />Entertainment, LLC, a California company doing business as Mega Outdoor Entertainment <br />("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a contractor to provide equipment and services at various <br />City parks for the City's outdoor movie programming. <br />B. Contractor represents that Contractor is able and willing to provide such services <br />to the City. <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 />a. Contractor shall, during the term of this Agreement, provide the equipment and <br />services as further described and set forth in Exhibit A, attached hereto and <br />incorporated in full. <br />b. City grants Contractor the right to enter its property for the purpose of delivery, set- <br />up, operation, and pick-up on the days of the scheduled events. <br />C. The equipment shall be disassembled and removed by Contractor at the conclusion <br />of each event. <br />d. The City reserves the right to administratively change event locations and dates <br />upon mutual written agreement between the parties. <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 under this Agreement shall not exceed Forty -Nine thousand Four <br />Hundred Sixty -Three Dollars and Zero Cents ($49,463.00). <br />Page I of 9 <br />