ACOSTA ASSOCIATES 1 - 2003 - Laserfiche WebLink

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EXHIBIT B Additional Requirements FUNCTIONS AND RESPONSIBILITIES A. Executive Director: (1) The Executive Director shall may accept or /reject the carnival company proposed by the promoter, any or all components of the proposed carnivals. (2) The Executive Director, or his authorized representative shall decide all questions which may arise regarding performance and completion of this agreement, interpretation of the specifications, and compensation. B. Operator (1) The Operator, or his designee, shall be on site during all operating hours and provide a mobile cell telephone number. (2) The Operator shall meet with City staff at event location for a pre and post walk through of venue to determine if the Operator has restored the park to its original condition. The Operator agrees to bear all costs of restoring the park to its pre -event condition. 2. FAILURE TO PERFORM SATISFACTORY It is agreed and understood that the Operator will be charged for any additional costs incurred due to any of the following, but not limited to these examples: A. Extending operational hours of the event. B. Extending the boundaries of the event beyond the City approved plot plan. C. Arriving early or departing late. D. Failure to pick up trash. E. Failure to service restrooms on a continual basis. F. Failure to comply with communications required with neighborhood associations and businesses as specified herein. G. Failure to comply with provisions required by the Parks, Recreation and Community Services Agency, Santa Ana Fire Department, the Orange County Health Department and Santa Ana Police Department. H. Operator employee parking in unauthorized locations. I. Damage to park property including trees, roads, turf etc. Damages. It is agreed and understood that damages under this agreement are difficult to determine should the Operator fail to perform, or in the event of non - performance, Operator will be assessed: Five Hundred Dollars ($500) per day, subtracted from the event deposit. Should the total amount exceed the $5,000 deposit an invoice will be sent to the Operator for the difference. The Operator agrees to pay any outstanding balance owed the City prior to any future carnivals. The Operator further agrees that should any balance owed the City not be paid prior to the next scheduled carnival the Executive Director may elect to cancel or postpone the event until the balance owed the City is paid in full.