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INSURANCE NOT ON FILE N-2023-218 <br />WORK MAY NOT PROCEED <br />CITY CLERK <br />DATE: <br />Pl2CSPr 61 AGREEMENT WITH ULTIMATE ATTRACTIONS, LLC <br />( pA.Lron\ fior TO PROVIDE OUTDOOR AMUSEMENT RIDES & ATTRACTIONS <br />THIS AGREEMENT is made and entered into this 21st day of August, 2023, by and between <br />Ultimate Attractions, LLC, ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("city"). <br />Cn RECITALS <br />CD <br />¢ A. The City desires to retain a contractor to fti nish amusement rides for its Chicano <br />Heritage Festival event on August 27, 2023. <br />B. Contractor represents that Contractor is able and willing to provide such services to <br />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. <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. Contractor shall famish amusement rides and attractions, including setup and <br />teardown, as well as the equipment necessary and staff to operate the rides and <br />attractions, as more fully described in Exhibit A attached hereto and incorporated <br />by reference. <br />b. City grants Contractor the right to enter its property for the purpose of delivery, set- <br />up, operation, and pick-up. <br />C. The equipment shall be disassembled and removed by Contractor at the conclusion <br />of the event. <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 Twenty -Four Thousand Four <br />Hundred and Seventy -Five Dollars and Zero Cents ($24,475). <br />b. Invoiced amount for each specific event shall be processed within forty-five (45) <br />days after the specific event following receipt of proper invoice evidencing work <br />performed, subject to City accounting procedures. <br />Page 1 of 9 <br />