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INSURANCE ON FILE �+j-2016-112 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />M OF CLJI 2016 AMUSEMENT DEVICE PROVIDER AGREEMENT <br />• QAIE': � 1l1 - <br />O: FRCS (/) THIS AGREEMENT is made and entered into this 22nd day of July, 2016, by anal <br />Silvia Cuavabetween TD Sports, Inc. dba Sport Court of Southern California ("Provider") and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a provider to supply a basketball court for the City's Downtown <br />Santa Ana 5K Run and Ciclovia event to be held on August 20, 2016, in Santa Ana <br />("Event"). <br />B. Provider represents that Provider is able and willing to provide such services to the City. <br />C. In undertaking the perf'onnance of this Agreement, Provider represents that it is <br />knowledgeable in its field and that any services performed by Provider under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected. <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 />Provider shall furnish, install, and remove a PowerGame basketball court surface with <br />dimensions of 45' x 80', including white tape for scaled-down high school basketball lilies and <br />perimeter ramp edges. Hoop systems shall be secured with weights. Court colors to be <br />determined by the City. The court shall be installed in Downtown Santa Ana nearest to 400 E. <br />4`h Street or at a location otherwise designated by City. City grants Provider the right to enter its <br />property for the purpose of delivery, set-up, and pick-up. The court shall be set-up and ready for <br />operation by 10:00 a.m. on August 20 and shall be disassembled and removed immediately at the <br />conclusion of the Event. <br />2. COMPENSATION <br />City agrees to pay, and Provider agrees to accept as total payment for its services the <br />amount of $10,120. The total sum to be expended under this agreement shall not exceed such <br />amount. Payment in the amount of $5,060 shall be made by City upon fall execution of this <br />Agreement. The remaining compensation shall be paid following installation and removal of the <br />court. <br />This term of this Agreement shall commence on July 20, 2016 and end on August 21, <br />2016, unless terminated earlier in accordance with Section 11 below. <br />Page I of 6 <br />