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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: A-2022-045 H M AGREEMENT WITH CM AMUSEMENT & PRODUCTIONS, INC., TO PROVIDE ct CARNIVAL EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA w � THIS AGREEMENT is made and entered into this 5th day of April 2022, by and between CM Amusement & Productions, Inc., dba as CM Amusement, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). o* P1ZGS4r(561Na6)(JA) j RECITALS A. On December 20, 2021, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide carnival equipment and services for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. 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 On an on -call basis, and at the City's sole discretion, Contractor shall provide carnival equipment and services for City events complete with rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in the Scope of Work in RFP No. 21-139, which is attached as Exhibit A as well as the Contractor's proposal, attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. This includes, but is not limited to, setup, tear down, and clean up prior to, during, and after the event. City grants Contractor the right to enter its property for the purpose of these services, including delivery, setup, and pick up. Contractor is responsible for all equipment, clean up services, overnight security, electricity, carnival rides and games, vendor booths, and insurance for events. Contractor must cover parking for employees, subcontractors, and equipment vehicles before and after the event. Contractor shall comply with, coordinate, and obtain all approvals and certifications that are required by the Amusement Ride and Tramway Unit of the California Department of Industrial Relations or other government agencies responsible for amusement ride oversight. Page I of 10