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INSURANCE ON FILE N-2024-224 <br /> WORK MAY PROCEED <br /> UNTIL INSURANCE EXPIRES <br /> i21120�� <br /> CITY CLERK JUL 0 8 2024 <br /> DATE. <br /> D',fPCSA ) AGREEMENT WITH SMASHVENT,LLC,DBA OC FUN EVENTS <br /> (60r011 6.0(414.- TO PROVIDE SPECIAL ENTERTAINMENT FOR CITY EVENTS <br /> THIS AGREEMENT is made and entered into this 1st day of July 2024, by and between <br /> SMASHvent,LLC, a California limited liability company dba OC Fun Events("Contractor"), and <br /> the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br /> Constitution and laws of the State of California("City"), each a"Party"or collectively"Parties." <br /> RECITALS <br /> A. The City desires to retain a contractor to provide special entertainment for various <br /> City events, including the City's Summer Splash Day Camp, Kids Night Out, <br /> Afterschool Programs, and other events("Events") as directed by the City. <br /> B. Contractor represents that it is able and willing to provide such services 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. As needed, Contractor shall, during the term of this Agreement, provide the <br /> equipment and personnel to provide the services as further described and set forth <br /> in Exhibit A,attached hereto and incorporated in full, at dates,times, and locations <br /> as mutually agreed upon by the Parties in a signed writing. <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. City shall have the sole discretion as to engagement of Contractor for <br /> services/events not detailed in Exhibit A. The City reserves the right to <br /> administratively change event locations, dates, or services for any mutually agreed <br /> upon services/events. <br /> 2. COMPENSATION <br /> a. City neither warrants nor guarantees any minimum compensation to Contractor <br /> under this Agreement. Contractor shall be paid only for actual services performed <br /> Page 1 of 10 <br />