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C NA1PLETE LE N-2017-037 <br />d114SUIASCE Tama <br />WORK KU W-IM <br />N CD DATA: �$ `8 2011. AMUSEMENT DEVICE PROVIDER AGREEMENT <br />a 2 THIS AGREEMENT is made and entered into this 27"' day of March, 2017, by and <br />p between Climb It ("Provider") and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a provider to supply one mobile Rockwall for the Dia de los Nihos <br />event that the City is hosting on April 22, 2017 ("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 held and that any services performed by Provider under this Agreement <br />will be performed in compliance with such standards as may reasonably be 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 one (1) mobile Rockwall and one (1) attendant as more fully <br />described in Exhibit A attached hereto and incorporated by reference. City grants Provider the <br />right to enter its property for the purpose of delivery, set-up, and pick-up. The Rockwall shall be <br />sat up and ready for operation by start of Event at a location to be specified by City and shall be <br />disassembled and removed immediately 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 the <br />amount of Sic Hundred. and Twenty Five Dollars ($625.00). The cost is identified in Exhibit A, <br />attached hereto and incorporated by reference. <br />b. Payment by City shall be made within thirty (30) days following receipt of a proper <br />invoice evidencing work performed, subject to the City's accounting procedures. Payment need <br />not be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by the City. <br />3. TERM <br />This term of this Agreement shall commence on the above -referenced date and end on <br />April 30, 2017, unless terminated earlier in accordance with Section 11 below. <br />Page 1 of 7 <br />