EMERALD ISLE ENTERTAINMENT, INC. DBA THE BUBBLE ROLLERS 1 -2015

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INSURANCE ON FILE. CORK MAY PROCEED � �NtOUNTIL INSURANCE EXPIRES �y1. CLERK OF CCIL AMUSEMENTDEVICE PROVIDER AGREEMENT DATF p q Zp15 THIS AGREEMENT is made and entered into this 8th day of September, 2015, by and A between Emerald Isle Entertainment, Inc. dba The Bubble Rollers (`"Provider") and the City of d Santa Ana, a charter city and municipal corporation organized and existing under the u Constitution and laws of the State of California ("City ). a � RECITALS A. The City desires to retain a specialized amusement device provider to supply a "bubble roller" water ball attraction for the City's Fiestas Patrias event to be held on September 12 and 13, 2015, in Downtown Santa Ana ("Event")i 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 a complete bubble roller water ball attraction for the Event, including without limitation, security and trained operators, as more specifically described on Exhibit A. City shall provide access to water and electricity and a suitable area for the attraction and storage. City grants Provider the right to enter its property for the purpose of delivery, set- up, and pick-up. The attraction shall be set-up and ready for operation by noon on September 12 and shall be disassembled and removed immediately at the conclusion of the Event, 2. COMPENSATION The cost to participate in the attraction shall be established by mutual agreement of the parties and paid by attendees to the Event. Provider shall pay to the City 7.5% of the gross proceeds collected by Provider during the Event. Such compensation shall be due to the City within 10 days following conclusion of the Event. Individual participation in the attraction shall be subject to Provider's rules and regulations. Total revenue to Provider under this Agreement shall not exceed $25,000. 3. TERM This term of this Agreement shall commence on September 12, 2015 and end on September 14, 2015, unless terminated earlier in accordance with Section 11 below. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs