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N-2023-156 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTILItS CEEXPIRES <br />CITY CLERK <br />DATE. AGREEMENT WITH TWIST AND SHOUT EVENTS, INC., TO PROVIDE ON -CALL <br />B �iV" (A tw) ENTERTAINMENT SERVICES AT CITY EVENTS <br />(E1106 S) THIS AGREEMENT ; d d d' th' l h d f <br />is ma e an entere mto is 6t ay o June 2023, by and between Twist <br />and Shout Events, Inc., a California corporation ("Vendor"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State <br />�? of California ("City"). <br />y <br />RECITALS <br />N <br />A. The City desires to retain a vendor to provide on -call entertainment services at City <br />events. <br />B. Vendor represents that Vendor is able and willing to provide such services to the <br />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 <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 />On an on -call basis, and a the City's sole discretion, Vendor shall, during the term of this <br />Agreement, perform the services described in Exhibit A, attached hereto and incorporated by <br />reference, as well as their website (www.twistandshoutevents.com), as it is amended from time to <br />time. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum compensation to Vendor under <br />this Agreement. Vendor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit B attached hereto and <br />incorporated by reference, as well as their website (www.twistandshoutevents.com) <br />as it is amended from time to time. The total compensation for the services <br />provided shall not exceed the amount of Six Thousand Dollars and Zero Cents <br />($6,000.00) during the term of this Agreement, including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />C. Payment need not be made for work that fails to meet the standards of performance <br />set forth in the Recitals and Scope of Work, which may reasonably be expected by <br />Page 1 of 9 <br />