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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNfIILIN$•UrNCEEXPIRES — <br />CITY CLERK <br />N-2023-144 <br />DATE: AGREEMENT WITH TRAIN PARTY EXPRESS, LLC, TO PROVIDE SPECIAL <br />R U) ENTERTAINMENT EQUIPMENT FOR OUTDOOR PARK EVENTS <br />o:t'� wlugMs•�, <br />(SaYOtN�.I THIS AGREEMENT is made and entered into this 5th day of June 2023, by and between Train <br />M Party Express, LLC, a California limited liability company ("Contractor"), and the City of Santa <br />NAna, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California ("City"). <br />co <br />Z RECITALS <br />0 <br />A. The City desires to retain a contractor to provide equipment and services for various <br />City events, including the City's Summer Splash Day Camp Event scheduled for <br />June 13, 2023, and other events as directed by the City. <br />B. Contractor represents that it is able and willing to provide such services 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 />1. SCOPE OF SERVICES <br />a. As needed, Contractor shall, during the term of this Agreement beginning with the <br />Summer Splash Day Camp Event on June 13, 2023, 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. City shall have the sole discretion as to engagement of Contractor for <br />services/events not specifically detailed in Exhibit A. The City reserves the right <br />to administratively change event locations, dates, or services for any mutually <br />agreed upon services/events. <br />COMPENSATION <br />a. City neither warrants nor guarantees any minimum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for actual services performed <br />Page 1 of 10 <br />