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INSURANCE NOT ON FILE <br />WORK MAY O0_(. PROCEED N-2023-077 <br />CLERK OF COUNCIL <br />DATE: <br />04 AGREEMENT WITH CELSO BAHENA DBA RASPADOS ESTILO GUERRERO TO <br />PROVIDE FOOD VENDING AT CITY LIBRARY EVENTS <br />C'J <br />THIS AGREEMENT is made and entered into on this 5"' day of April, 2023 by and between Celso Bahena, <br />an individual dba Raspados Estilo Guerrero, ("Vendor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />("City"). 1 <br />o: brht7Iva.3•)(�^e 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 Library events, beginning with the Dia <br />de los Ninos, Dia de los Libros event on April 29, 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 />a. 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 <br />servings to attendees at Library events, beginning with the Dia de los Ninos, Dia de los <br />Libros event at the Main Library, 26 Civic Center Plaza, Santa Ana, CA 92703 on April <br />29, 2023 from 10:30am — 2:30pm. <br />b. City grants Vendor the right to enter its property for the purpose of setup, operation, and <br />pick-up on the days of the scheduled events. <br />C. City shall have the sole discretion as to the engagement of Vendor for service/events not <br />detailed in Exhibit A. The City reserves the right to administratively change event <br />locations, dates, or services for any mutually agreed upon services/events. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum compensation to Vendor under this <br />Agreement. Vendor shall be paid only for actual service performed under this Agreement <br />at the rates and charges identified in Exhibit A. The total amount to be expended under <br />Page 1 of 8 <br />