WORLDWIDE SPECTACULARS INC, DBA PAGEANTRY PRODUCTIONS 1-2010

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INSURANCE ON FILE WORK MAY PROCEED WC required if consultant N-2010-085 UNTIL INSURANCE EXPIRES has employees. C ° ~ -//-off O rr~v~Yed -1+ - CLERK OF COUNCIL AGREEMENT WITH WORLDWIDE SPECTACULARS INC TO PRODUCE DATE: 9-/-->-/'C) THE 2010 SEPTEMBER MEXICAN BICENNTENNIALDOWNTOWN PARADE Cc Wt I "r-QNY This Agreement is entered into on May 1, 2010, by and between the City of Santa Ana, a charter City and municipal corporation duly organized and existing under the Constitution and laws of the state of California, ( "City") and Worldwide Spectaculars Inc, a California Corporation, dba Pageantry Productions (hereinafter referred to as "Parade Producer"). RECITALS A. The City desired to retain one or more firms having special skill and knowledge in the field of organization and production of parade in order to plan and produce the 2010 September Mexican Bicentennial Parade (hereinafter "Parade") for the City. B. Parade Producer represents that it has produced similar parades and that it is able and willing to provide such services to the City. C. The, City has also contracted with CCC, Inc., and Velazquez Publishing Inc, (the Event Producers) to serve as joint producers of the larger festival of which the parade shall be a part. D. In undertaking the performance of this Agreement, Parade Producer represents that it is knowledgeable in its field and that any services performed by Parade Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Parade Producer in the field. 1. SCOPE OF WORK Parade Producer shall, produce said Parade on Sunday, September 19, 2010., in the downtown area of the City of Santa Ana in accordance with the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "Scope of Work"). 2. TERM. This Agreement shall begin April 5, 2010 and terminate the earlier of completion of all accounting for expenses, but no later than December 31, 2010. 3. CONSIDERATION. In consideration for the rights granted hereunder, City agrees to pay Parade Producer $14,640.00, as set forth in Exhibit A 4. LIMITATION OF LIABILITY Without limiting any express financial or liability provisions provided for in this Agreement, City shall not be liable to Promoter for any indirect, consequential, exemplary, special, incident or putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in connection with this Agreement under any theory of tort, contract, warranty, strict liability or negligence. The foregoing limitation applies to all causes of action and claims, including but not limited to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further understood and agreed that City shall not be responsible for any loss or damage caused by PARADE 1