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c„ INSURANCE NOT ON FILE N-2023-137 <br />® VFORK MAY NOT PROCEED <br />c ` CITY CLERK <br />c e DATE: <br />AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, TO PROVIDE <br />OUTDOOR MOVIE SERVICES <br />0%V9L� (11(AV> <br />(THIS AGREEMENT is made and entered into this 25th day of May 2023, by and between <br />^v �i Ultimate Entertainment, LLC, a California limited liability company ("Contractor"), and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a contractor to provide equipment and services at various <br />City parks for the City's outdoor movie programming. <br />B. Contractor represents that Contractor is able and willing to provide such services <br />to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />a. Contractor shall, during the term of this Agreement, provide the equipment and <br />services as further described and set forth in Exhibit A, attached hereto and <br />incorporated in full. <br />b. City grants Contractor the right to enter its property for the purpose of delivery, set- <br />up, operation, and pick-up on the days of the scheduled events. <br />C. The equipment shall be disassembled and removed by Contractor at the conclusion <br />of each event. <br />d. The City reserves the right to administratively change event locations and dates <br />upon mutual written agreement between the parties. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />for City, the rates and charges identified in Exhibit A. The total amount to be <br />expended under this Agreement shall not exceed Forty -Five Thousand Eight <br />Hundred Four Dollars and Zero Cents ($45,804.00). <br />Page 1 of 10 <br />