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INSURANCE NOT ON FILE <br />WORK MAY ON PROCEED <br />CITY CLERK <br />DATE: <br />N-2023-251 <br />AGREEMENT WITH THE FRIDA CINEMA <br />p : ? GSA (0) TO PROVIDE OUTDOOR MOVIE SERVICES <br />( M'LtUn� THIS AGREEMENT is made and entered into this 22nd day of September, 2023, by and between <br />The Frida Cinema, a California 501(c)(3) nonprofit company ("Contractor 1, and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />N laws of the State of California ("City"). <br />0 <br />N <br />RECITALS <br />A. The City desires to retain a contractor to provide equipment and services for the <br />® City's Birch October Series 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 />1. 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 Thirteen Thousand Nine Hundred <br />Seventy Dollars and Zero Cents ($13,970). This sum is comprised of (1) a base <br />amount of $12,700 and (2) a ten percent (10%) contingency of S 1,270 for services <br />Page 1 of <br />