2023/01/07 Jolly Jumps City of Menifee and Jolly Jumps Event Attraction and Activity Rental Agreement - Wildlife appreciation eventJolly Jumps
41611 Date Street Suite B, Murrieta CA 92562
951-461-9200 info@jollyjumps.net
Today's Date Jan 7, 2023 Reference 031823 City of Menifee
O ce Use: ERS ___ STAFFING___ CALENDAR___ SIGNED___
Custom Event Package
Invoice #031823 City of Menifee
Name: City of Menifee
Address: 30268 Civic Plaza Dr, Menifee
Contact Name: Daniela Del Llano
Phone Number: 951-723-1739
Email Address: ddelllano@cityofmenifee.us
Event Date: Saturday, March 18, 2023
Event Start and End Time: 8:00 am to 3:00 pm
Setup Surface: Grass
Estimated Delivery Window: March 17, 2023
Event Producer: Josh
Item and Description
20x30 Pole Tent Canopy (x3)
Grass, No Sidewalls 20x30 commercial grade framed canopy/tent. California State Fire Marshal approved.
Trucking, Delivery, and Setup
Balance Due $1,375.00
City of Menifee and Jolly Jumps Event Attraction and Activity Rental Agreement
This Professional Services Agreement (“Agreement”) is made and entered into __________________________ by and between the
City of Menifee, a municipal corporation, (“City”), and Jolly Jumps (“Vendor”).
RECITALS
A. The City has an immediate need for rental equipment such as jumpers, rock walls, games, mechanical bulls and other
equipment for activities to be held at City special events. Vendor has the professional competence, experience, and
quali cations to provide services required by City; and City desires to retain Vendor to provide said services.
B. Vendor represents that it is fully quali ed to perform such services by virtue of its experience and the training, education
and expertise of its principals and employees.
C. City desires to retain Vendor and Vendor desires to serve City to perform these services in accordance with the terms
and conditions of this Agreement.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Engagement
City hereby engages Vendor to perform the services set forth in Exhibit “A” (collectively, “Services”).
2. Compensation
03 / 15 / 2023
DocuSign Envelope ID: D8732D0C-C4BE-461D-ACBC-4CEED06F2B5D
Jolly Jumps
41611 Date Street Suite B, Murrieta CA 92562
951-461-9200 info@jollyjumps.net
Today's Date Jan 7, 2023 Reference 031823 City of Menifee
O ce Use: ERS ___ STAFFING___ CALENDAR___ SIGNED___
City agrees to compensate the Vendor the amount set forth in the invoice received. Vendor shall provide an invoice and the
City shall pay invoice within 30 days of receipt.
3. Performance
The Services will be performed as expeditiously as reasonably possible and in a good and professional manner. All work
shall be conducted and completed in accordance with all current, applicable state and federal laws, local laws, ordinances and
regulations, industry standards, and speci cations on le with the City.
4. Independent Contractor
A. Vendor is and shall at all times remain as to City a wholly independent contractor. The personnel performing the
services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Vendor
shall have no power to incur any debt. obligation, or liability on behalf of City. Neither City nor any of its agents shall have control
over the conduct of Vendor or any of Vendor's employees except as set forth in this Agreement. Vendor shall not, at any time, or
in any manner, represent that it or any of its o cers, agents or employees are in any manner employees of City.
B. No employee bene ts shall be available to Vendor in connection with the performance of this Agreement. Except for the
fees paid to Vendor as provided in the Agreement, City shall not pay salaries wages, or other compensation to Vendor for
performing services hereunder for City. City shall not be liable for compensation or indemni cation to Vendor for injury or
sickness arising out of performing services hereunder.
5. Con icts of Interest.
Vendor and its o cers. employees, associates, and subcontractors: if any. shall comply with all con ict-of-interest statutes
of the State of California applicable to Vendor’s services under this Agreement, including the Political Reform Act {Gov. Code, §
81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Vendor may perform similar services for
other clients, but Vendor and its o cers, employees, associates and subcontractors shall not, without the City Representative’s
prior written approval, perform work for another person or entity for whom Vendor is not currently performing work that would
create a con ict of interest. Vendor shall incorporate a clause substantially similar to this Section 5 into any subcontract that
Vendor executes in connection with the performance of this Agreement.
6. Indemni cation.
A. Indemnities for Third Party Claims.
1. To the fullest extent permitted by law, Vendor shall, at its sole cost and expense, defend, hold harmless and indemnify
City and its elected o cials, o cers, attorneys, agents, employees, designated volunteers, successors, assigns and those City
agents serving as independent contractors in the role of City o cials (collectively "Indemnitees"), from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and
losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated
therewith and the payment of all consequential damages (collectively "Liabilities" in law or equity, whether actual, alleged or
threatened) which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Vendor, its o cers,
agents, servants, employees, subcontractors, material men, contractors or their o cers, agents, servants or employees (or any
entity or individual that Vendor shall bear the legal liability thereof) in the performance of this Agreement, including the
Indemnitees' active or passive negligence, except for Liabilities arising from the negligence or willful misconduct of the
Indemnitees, as determined by nal arbitration or court decision or by the agreement of the Parties.
Vendor will not rent equipment or attractions to the city without an agreement of which party will provide dedicated attendant
DocuSign Envelope ID: D8732D0C-C4BE-461D-ACBC-4CEED06F2B5D
Jolly Jumps
41611 Date Street Suite B, Murrieta CA 92562
951-461-9200 info@jollyjumps.net
Today's Date Jan 7, 2023 Reference 031823 City of Menifee
O ce Use: ERS ___ STAFFING___ CALENDAR___ SIGNED___
supervision. If the city agrees to provide attendant supervision, the city must continuously and actively always maintain
appropriate dedicated supervision while equipment is on site. City must follow posted manufacturers' provided rules, capacities,
limits and always enforce safe play / proper use. City shall, at its sole cost and expense, defend, hold harmless and indemnify
vendor, vendor’s owners, employees, agents from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever which arise out of, are
claimed to arise out of, pertain to, injuries or damages caused by the negligence of the city, city attendant or lack thereof in
relation to inside, around, or in the vicinity of rented equipment.
2. Vendor shall pay all required taxes on amounts paid to Vendor under this Agreement and indemnify and hold City
harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. Vendor shall fully comply with the workers' compensation law regarding
Vendor and Vendor's employees. Vendor shall indemnify and hold City harmless from any failure of Vendor to comply with
applicable workers' compensation laws. City may offset against the amount of any fees due to Vendor under this Agreement
any amount due to City from Vendor as a result of Vendor's failure to promptly pay to City any reimbursement or indemni cation
arising under this Subparagraph A. 2.
3. Vendor shall obtain executed indemnity agreements with provisions identical to those in Section from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement. If
Vendor fails to obtain such indemnity obligations, Vendor shall be fully responsible and indemnify, hold harmless and defend the
Indemnitiees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of,
are claimed to arise out of, pertain to, or relate to the acts or omissions of Vendor's subcontractor, its o cers, agents, servants,
employees, subcontractors, material men contractors or their o cers, agents, servants or employees (or any entity or individual
that Vendor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the
Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the
Indemnitees, as determined by nal arbitration or court decision or by the agreement of the parties.
B. Workers' Compensation Acts Not Limiting. Vendor's indemni cations and obligations under this Section 6, or any other
provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Vendor
expressly waives its statutory immunity under such statutes or laws as to City, its o cers, agents employees and volunteers.
C. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Vendor
because of the acceptance by City, or the deposit with City, of any insurance policy or certi cate required pursuant to this
Agreement. The indemnities in this Section 6 shall apply regardless of whether or not any insurance policies are determined to
be applicable to the Liability tax assessment, penalty or interest asserted against City.
D. Survival of Terms. Vendor’s indemni cations and obligations under this Section 6 shall survive the expiration or
termination of this Agreement.
7. Insurance
Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its
agents, representatives, or employees.
A. Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services O ce Form CG 00 01 covering CGL on an “occurrence” basis,
DocuSign Envelope ID: D8732D0C-C4BE-461D-ACBC-4CEED06F2B5D
Jolly Jumps
41611 Date Street Suite B, Murrieta CA 92562
951-461-9200 info@jollyjumps.net
Today's Date Jan 7, 2023 Reference 031823 City of Menifee
O ce Use: ERS ___ STAFFING___ CALENDAR___ SIGNED___
including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no
less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: Insurance Services O ce Form Number CA 0001 covering, Code 1 (any auto), or if Vendor has
no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property
damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability
Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Vendor provides written
veri cation it has no employees)
4. If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires
and shall be entitled to the broader coverage and/or higher limits maintained by the Vendor. Any available insurance proceeds in
excess of the speci ed minimum limits of insurance and coverage shall be available to the Entity.
B. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its o cers, o cials, employees, and volunteers are to be covered as additional insureds on the CGL policy
with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or
equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an
endorsement to the Vendor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or
CG 20 38; and CG 20 37 forms if later revisions used).
C. Primary Coverage. For any claims related to this contract, the Vendor’s insurance coverage shall be primary insurance
coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its o cers, o cials, employees, and volunteers. Any
insurance or self-insurance maintained by the Entity, its o cers, o cials, employees, or volunteers shall be excess of the
Vendor’s insurance and shall not contribute with it.
D. Notice of Cancellation. Vendor shall provide immediate written notice if (1) any of the required insurance policies is
terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In
the event of any cancellation or reduction in coverage or limits of any insurance, Vendor shall forthwith obtain and submit proof
of substitute insurance.
E. Waiver of Subrogation. Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not
the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall
be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents
and subcontractors.
F. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the Entity. The Entity may require
the Vendor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses
within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satis ed
by either the named insured or Entity.
G. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a
current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
DocuSign Envelope ID: D8732D0C-C4BE-461D-ACBC-4CEED06F2B5D
Jolly Jumps
41611 Date Street Suite B, Murrieta CA 92562
951-461-9200 info@jollyjumps.net
Today's Date Jan 7, 2023 Reference 031823 City of Menifee
O ce Use: ERS ___ STAFFING___ CALENDAR___ SIGNED___
H. Veri cation of Coverage. Vendor shall furnish the Entity with original Certi cates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy
of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor’s obligation to provide
them. The Entity reserves the right to require complete, certi ed copies of all required insurance policies, including
endorsements required by these speci cations, at any time.
I. Subcontractors. Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the
nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. Termination or Suspension of Agreement
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement for non-performance of the vendor,
after giving written notice to Vendor at least sixty (60) calendar days before the termination or suspension is to be effective.
Vendor may terminate this Agreement at any time at will, for any reason or no reason, after giving written notice to City at least
sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Vendor shall cease all work under this Agreement on or before the effective date of
termination speci ed in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of
performance by Vendor, City shall pay Vendor based on the percentage of work satisfactorily performed up to the effective date
of termination. In no event shall Vendor be entitled to receive more than the amount that would be paid to Vendor for the full
performance of the services required by this Agreement.
9. Force Majeure
Vendor shall not be liable for any failure to perform its obligations under this Agreement if Vendor presents acceptable evidence,
in City's sole judgment that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain
labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations,
governmental controls judicial orders, enemy or hostile governmental action, civil commotion, re or other casualty, or other
causes beyond Vendor's reasonable control and not due to any act by Vendor.
10. Notices
Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give
to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on
con rmed delivery by reputable document delivery service or courier service during Vendor's and City's regular business hours,
or (c) ve business days after deposit in the United States mail by rst class mail, postage prepaid, and addressed to the party
to be noti ed as set forth below:
If to City:
City of Menifee
29844 Haun Road
Menifee, CA 92586
DocuSign Envelope ID: D8732D0C-C4BE-461D-ACBC-4CEED06F2B5D
Jolly Jumps
41611 Date Street Suite B, Murrieta CA 92562
951-461-9200 info@jollyjumps.net
Today's Date Jan 7, 2023 Reference 031823 City of Menifee
O ce Use: ERS ___ STAFFING___ CALENDAR___ SIGNED___
With Copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee CA 92586
If to Vendor:
Jolly Jumps
41611 Date Street
Suite B
Murrieta CA 92562
951-461-9200
11. Non-Discrimination and Equal Employment Opportunity
In the performance of this Agreement, Vendor shall not discriminate against any employee, subcontractor, or applicant
for employment because of race, color, religious creed, sex, gender, gender identity, gender expression. marital status, national
origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation, or other
basis prohibited by law. Vendor will take a rmative action to ensure that subcontractors and applicants are employed, and that
employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender
expression, marital status, national origin, ancestry, age, physical disability mental disability, medical condition, genetic
information, or sexual orientation.
12. Prohibition of Assignment and Delegation
Vendor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part,
without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Vendor
from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted
assignment or delegation in violation of this Section 12 shall be void and of no effect and shall entitle City to terminate this
Agreement. As used in this Section 12, “assignment" and “delegation" means any sale, gift, pledge, hypothecation, encumbrance
or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or
entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted
transfer occurs.
13. No Third-Party Bene ciaries Intended
This Agreement is made solely for the bene t of the parties to this Agreement and their respective successors and
assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
14. Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right,
power, or remedy of City, nor shall it be construed as a waiver of, or consent to any breach or default. No waiver of any breach,
any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by
the party making the waiver, (2) deemed to be a waiver of or consent to, any other breach, failure of a condition, or right or
remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
15. Exhibits
Exhibit A constitutes a part of this Agreement and are incorporated into this Agreement by this reference. If any
inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this
DocuSign Envelope ID: D8732D0C-C4BE-461D-ACBC-4CEED06F2B5D
Jolly Jumps
41611 Date Street Suite B, Murrieta CA 92562
951-461-9200 info@jollyjumps.net
Today's Date Jan 7, 2023 Reference 031823 City of Menifee
O ce Use: ERS ___ STAFFING___ CALENDAR___ SIGNED___
Agreement shall control.
16. Entire Agreement
This Agreement and all exhibits referred to in this Agreement constitute the nal, complete, and exclusive statement of
the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior
or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this
Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
17. Amendment of Agreement
This Agreement may be amended only by a writing signed by the Parties. The City Manager is authorized to sign an
amendment to this Agreement on the City Council’s behalf and without the City Council's prior approval to make the following no
substantive modi cations to the Agreement: (a) name changes; (b) extensions of time; (c) non monetary changes in the scope
of work; and (d) termination of the Agreement.
18. Headings
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of
any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
19. Word Usage
Unless the context clearly requires otherwise, (a) the words "shall, “will and ''agrees'' are mandatory and “may'' is
permissive; (b) “or" is not exclusive; and (c) "includes'' or "including” are not limiting.
20. Governing Law and Choice of Forum
This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed
by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that
arises under or relates to this Agreement (whether contract, tort, or both) shall be resolved in a municipal, superior, or federal
court with geographic jurisdiction over the City of Menifee.
20. Attorneys' Fees
In any litigation or other proceeding by which one party seeks to enforce its rights under this Agreement (whether in
contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be
awarded reasonable attorneys' fees together with any costs and expenses to resolve the dispute and to enforce the nal
judgment.
21. Severability
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid, or unenforceable for any
reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full
force and effect.
22. Authority to Execute Agreement
The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year rst above written.
DocuSign Envelope ID: D8732D0C-C4BE-461D-ACBC-4CEED06F2B5D
Jolly Jumps
41611 Date Street Suite B, Murrieta CA 92562
951-461-9200 info@jollyjumps.net
Today's Date Jan 7, 2023 Reference 031823 City of Menifee
O ce Use: ERS ___ STAFFING___ CALENDAR___ SIGNED___
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory
clause.
City of Menifee
A California Municipal Corporation
Jolly Jumps
A California Corporation
By ______________________________________ By ______________________________________
Date ____________________________________Date ____________________________________03 / 15 / 2023
City Representative ________________________Event Producer ____________________________Joshua Paul
DocuSign Envelope ID: D8732D0C-C4BE-461D-ACBC-4CEED06F2B5D
3/15/2023
Jonathan Nicks, Community Services Director