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INSURANCE ON FILE N-2023-31 7 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CITY CLERK <br />DAA: <br />AGREEMENT WITH PLAY -WELL TEKNOLOGIES SERVICES FOR STEM <br />p9-CC RPf INSPIRED PROGRAMMING FOR SPECIAL EVENTS FOR <br />&0 p rd) fA THE CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into on this 20th day ofNovember, 2023 by and between <br />r�s Play -Well TEKnologies, a California limited liability company ("Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ("City"). <br />CD <br />7 RECITALS <br />0 <br />A. The City desires to retain a contractor having special skill and knowledge in the field of <br />STEM inspired special event programming, including the City's Winter Village Event. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />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 be <br />expected from a professional consulting 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 />As needed, Contractor shall perform during the term of this Agreement, the tasks and <br />obligations including all labor, materials, tools, equipment, and incidental customary work <br />required to fully and adequately complete the services described and set forth in Exhibit A, <br />attached hereto and incorporated by reference, at dates and times mutually agreed upon by the <br />parties in a signed writing. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit A. The total amount to be expended <br />during the tern of this Agreement shall not exceed Twenty Seven Thousand, Five <br />Hundred Dollars ($27,500). This includes (1) a base amount of $25,000 and (2) a 10% <br />contingency of $2,500 for any additional work as requested in the sole discretion of the <br />City. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />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 set <br />forth in the Recitals which may reasonably be expected by City. <br />Page 1 of 9 <br />#19793v4 <br />