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EXHIBIT 5 <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SHADE STRUCTURES, <br />INC., DBA SHADE & FABRIC STRUCTURES FOR PURCHASE AND INSTALLATION <br />OF A SHADE STRUCTURE AT THE NEWHOPE LIBRARY <br />THIS AGREEMENT is made and entered into this 17th day of September 2024 by and between <br />Shade Structures, Inc., a Texas corporation dba USA Shade & Fabric Structures ("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 ("City"). <br />RECITALS <br />A. The City desires to retain a contractor having special skill and knowledge in the <br />design, procurement, and installation of shade structures for the City's Newhope <br />Library ("Project"). <br />B. Contractor represents that Contractor is able and willing to provide such services <br />to the City. <br />C. Contractor has full access to the material and special pricing under Sourcewell <br />Contract No. 010521-LTS-6 ("Cooperative Contract"). <br />D. The City is a member of Sourcewell (Member ID No. 1888) and is authorized to <br />use the Cooperative Contract for public works procurements, including the <br />materials and services required for the Project. <br />E. 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. Contractor shall perform the tasks and obligations including all labor, materials, <br />tools, 12k reach fork and skid steer, and work required to fully and adequately <br />complete the services described and set forth in Contractor's Proposal Exhibit A, <br />attached hereto and incorporated by reference. <br />b. Contractor is not responsible for crane services, drill rigs, land surveying, field <br />measurements, layout, confirmation of final location, above and below ground <br />utilities, sprinklers/irrigation systems, caulking, sealants, joint checks, traffic <br />control plans, flagging, permits, or a Storm Water Pollution Prevention Plan. <br />C. The Project shall be deemed complete upon its acceptance by the City's Executive <br />Page 1 of 10 <br />