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INSURANCE ON FILE <br />WORK MAY PROCEED N-2023-059 <br />UNTIL INSURANCE EXPIRES <br />1. 1. 702S <br />CLERK OF COUNCIL <br />DATE: <br />AGREEMENT WITH KABOBALICIOUS LLC DBA KABOBAHOLIC TO PROVIDE FOOD <br />VENDING AT CITY'S SPRING FEST EVENT <br />N <br />cv THIS AGREEMENT is made and entered into on this 7`h day of March, 2023 by and between <br />Kabobalicious, LLC, a California limited liability company dba Kabobaholic, ("Vendor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State off California ("City"). <br />FKO (ulliwmS)(Sµ)I RECITALS <br />A. The City desires to retain a Vendor having special skill and knowledge in the field of <br />providing quick service food vending for the City's Spring Fest Event on March 25, 2023. <br />B. Vendor represents that Vendor is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Vendor represents that it is <br />knowledgeable in its field and that any services performed by Vendor under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from <br />a professional contracting firm in the field. <br />D. The Parties acknowledge that the City intends to provide events to the public but must balance <br />the need to comply with all COVID-19 guidance and restrictions. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Vendor shall perform the tasks and obligations set forth in Exhibit A, attached hereto and <br />incorporated by reference. Such obligations include, but are not limited to, providing food servings to <br />attendees at the Spring Fest event at the El Salvador Park Community Center on March 25, 2023 from <br />10:00am— 1:00pm. <br />2. COMPENSATION <br />Vendor is providing the services contemplated by this Agreement free of charge and at no cost to <br />the City. <br />3. TERM <br />This Agreement shall commence on the date first written above and will terminate on June 30, <br />2023, unless terminated earlier in accordance with Section 13 below. <br />4. INDEPENDENT CONTRACTOR <br />Vendor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />Page 1 of 8 <br />