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INSURANCE NOT ON FILE WORK MAY NOT PROCEED N-2023-017 CLERK OF COUNCIL DATE: JAN 2 4 2023 AGREEMENT TO PROVIDE ON -CALL FOOD VENDING AT CITY LIBRARY EVENTS THIS AGREEMENT is made and entered into on this 12th day of January 2023, by and between Monkey's Munchies, Inc., a California corporation, ("Vendor"), 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; Li�mv�.� `F-11a�(� Sn�A Q" RECITALS A. The City desires to retain a Vendor having special skill and knowledge in the field of providing quick service food vending for City public library events. B. Vendor represents that Vendor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any services performed by Vendor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. D. The Parties acknowledge that the City intends to provide events to the public but must balance the need to comply with all COVID-19 guidance and restrictions. 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, Vendor shall perform the tasks and obligations set forth in Exhibit A, attached hereto and incorporated by reference. Such obligations include, but are not limited to, providing food servings to attendees at the Dia de dos Ninos, Dia de ios Libros community outreach event at the Main Library on April 29, 2023 from 10:30am — 2:30pm, for which actual food quantities will be determined as needed per direction of City staff. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Vendor under this agreement. Vendor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit A and/or Vendor's six (6) dollar event menu on their website(https://monkeysmunchiestruck.com/) as it may be amended from time to time. The total amount to be expended during the term of this Agreement shall not exceed Five Thousand Dollars and Zero Cents ($5,000.00). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8