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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N-2022-211 CLERK OF COUNCIL DATE: N AGREEMENT WITH ELITE SPECIAL EVENTS, INC., TO PROVIDE EQIPMENT ® AND STAFFING SERVICES FOR OUTDOOR PARK EVENTS cV "' THIS AGREEMENT is made and entered into this 4th day of August 2022, by and between Elite .D cD Special Events, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter Q city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). PKoyd s,,w�kQ(T,,'� RECITALS A. The City desires to retain a contractor to provide equipment and services at various City parks for the City's outdoor programming, including the City's Concerts in the Park series, the Chicano Heritage Festival, and the Mid -Autumn Festival. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall, during the term of this Agreement, provide the equipment and services as further described and set forth in Exhibit A, Exhibit B, and Exhibit C attached hereto and incorporated in full. b. City grants Contractor the right to enter its property for the purpose of delivery, set- up, operation, and pick-up on the days of the scheduled events. C. The equipment shall be disassembled and removed by Contractor at the conclusion of each event. d. The City reserves the right to administratively change event locations and dates upon mutual written agreement between the parties. e. The City may allow Contractor to park its vehicle in a City owned, gated parking lot from August 4, 2022 through August 26, 2022. Contractor understands that City never intended, nor designed its lot to be used as a storage facility and acknowledges that City does not guarantee the security of the property being stored. In addition, Contractor realizes the City parking lot is not guarded. Therefore, Contractor agrees to assume fall responsibility for and risk of any and all property Page 1 of 10