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A-2024-067 <br />IURANCE NOT ON FILE <br />"RK MAY NOT PROCEED <br />'CITY CLERK <br />DATE: <br />0.. P:2CSA( 0 <br />(✓�. L� ice' <br />OUTDOOR MOVIE SERVICES <br />THIS AGREEMENT is made and entered into this 21a` 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 />Page 1 of It <br />