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CITY OF SANTA ANA <br /> AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, TO PROVIDE <br /> OUTDOOR MOVIE SERVICES <br /> THIS AGREEMENT is made and entered into this 21th day of May, 2024 by and between <br /> Ultimate Entertainment, LLC, a California limited liability company (hereinafter "Contractor"), <br /> and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br /> the Constitution and laws of the State of California (hereinafter"City"). <br /> RECITALS <br /> A. On February 27, 2024, the City issued Request for Proposal ("RFP") 24-008 <br /> seeking proposals from qualified contractors to provide specialized services of <br /> providing outdoor movie services for the City's Movies in the Park events. <br /> B. Contractor submitted a timely and responsive proposal which was selected by the <br /> City. Contractor represents that it is able and willing to provide the services <br /> described in the scope of work that was included in the RFP. <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 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 perform, during the term of this Agreement, the tasks and <br /> obligations, including all labor, materials, tools, equipment, and incidental <br /> customary work required to fully and adequately complete the services described <br /> in the scope of work included in RFP No. 24-008, which is attached hereto as <br /> Exhibit A and incorporated by reference, and as delineated in Contractor's <br /> proposal, which is attached hereto as Exhibit B and incorporated by reference. <br /> b. In the event of an inconsistency among the provisions of this Agreement and any <br /> of its exhibits, such inconsistency shall be resolved by giving precedence in the <br /> following order: <br /> (1) This Agreement; <br /> (2) The scope of services included in RFP No. 24-008 and attached as Exhibit <br /> A; <br /> City Council 18 — 3 5/ 24f 11 <br />