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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CITY CLERK <br />N-2024-059 <br />DATE: f EB Z 3 ZBZ4 <br />0 cbCd� AMUSEMENT DEVICE PROVIDER AGREEMENT BETWEEN THE CITY OF SANTA <br />ANA AND FREEDOM FUN USA, LLC <br />THIS AGREEMENT is made and entered into this 17th day of January, 2024, by and <br />between Freedom Fun USA, LLC., a California limited liability company ("Provider") and the <br />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"). <br />RECITALS <br />A. The City desires to retain a provider to fiunish a activities for the City Library's Dia de los <br />Ninos, Dia de los Libros (Children's Day, Book Day) to be held on April 27, 2024 at the <br />Santa Ana Main Library ("Event"). <br />B. Provider represents that Provider is able and willing to provide such services to the City. <br />C. In undertaking the performance 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 provide two activities, including an inflatable three -lane sports throw and a <br />large bubble zone, including setup and teardown, as well as the equipment necessary and at least <br />three (3) staff members to operate the attractions, as more fully described in Exhibit A attached <br />hereto and incorporated by reference. City grants Provider the right to enter its property for the <br />purpose of delivery, set-up, operation, and pick-up. The event shall occur on Saturday, April 27, <br />2024 from 10:30 a.m. — 2:00 p.m. at the Santa Ana Library, and shall be disassembled and <br />removed by Provider at the conclusion of the Event. <br />2. COMPENSATION <br />a. City agrees to pay, and Provider agrees to accept as total payment for its services to <br />City, the rates and charges identified in Exhibit B and Exhibit C. The total amount to be expended <br />during the term of this Agreement shall not exceed Two Thousand, One Hundred Twenty -Seven <br />Dollars and Fifty -Five Cents ($2,127.55). <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. City and Provider <br />agree that all payments due and owing under this Agreement shall be made through Automated <br />Clearing House (ACH) transfers. Provider agrees to execute the City's standard ACH Vendor <br />Payment Authorization and provide required documentation. Upon verification of the data <br />Page 1 of 6 <br />