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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 0 .,25 CITY CLERK DATE: APR n g 1024 N-2024-127 AGREEMENT WITH IT'S FOAM TIME, LLC, TO PROVIDE (y. FOAM ACTIVITIES FOR CITY EVENTS THIS AGREEMENT is made and entered into this I lth day of March 2024, by and between It's Foam Time, LLC, a California limited liability company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), each a "Party" or collectively "Parties." RECITALS A. The City desires to retain a contractor to provide foam activities for various City events, including the City's Summer Splash Day Camp, Kids Night Out, Afterschool Programs, and other events ("Events") as directed by the City. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall perform the services that are described in Exhibit A, attached hereto and incorporated by reference. To schedule services, Contractor will provide a quote to City detailing services and costs for an event. City will provide a letter agreement to Contractor, to be executed by the Executive Director of Parks, Recreation and Community Services, or their designee, and Contractor to finalize services and schedule the Event. Work by Contractor may not proceed without a letter agreement, signed by the parties, for a scheduled Event. b. City grants Contractor the right to enter its property for the purpose of delivery, set- up, operation, and pick-up on the days of the scheduled Events. C. The equipment shall be disassembled and removed by Contractor at the conclusion of each Event. 2. COMPENSATION a. City does not guarantee any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges mutually agreed upon by the Parties, in an executed side letter, as defined in Section la of this Agreement. The total amount Page 1 of 10