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INSURANCE NOT ON FILE WORK MAY 0 PROCEED CLERK OF COUNCIL t, DATEWL 0 S 2019 AMUSEMENT" DEVICE PROVIDER AGREEMENT THIS AGREEMENT is made and entered into this 261 day of June, 2019, by and between Jolly Bouncers, Inc., a California corporation ("Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a provider to supply inflatable jumpers for the City's Fourth of July event to be held on July 4, 2019 ("Event"). B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Provider shall furnish inflatable jumpers and generator, as more fully described in Exhibit A attached hereto and incorporated by reference. City grants Provider the right to enter its property for the purpose of delivery, set-up, and pick-up. The jrunpers shall be set-up and ready for operation by 4:00 p.m. on July 0 at Centennial Regional Park located at 3000 W. Edinger Avenue in Santa Ana, California. City staff shall provide final set-up location at Centennial Park to Provider no later than 24 hours before the event. All equipment provided and set-up for this event shall be disassembled and removed by Provider at the conclusion of the Event. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services the amount of Three Thousand One Hundred Two Dollars ($3,102.00). This amount the base amount of $2,585 identified in Exhibit A, attached hereto and incorporated by reference, and includes a 20% contingency of $517.00 for use by the City if the City determines it is necessary to add additional inflatable jumpers of generators. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to the City's accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by the City. Page 1 of 6