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(D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all <br />of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 08- <br />078 -PRCSA, issue date December 12, 2008 ,and Addendum No. 1 thereto (hereinafter, <br />collectively "RFP") attached hereto as Exhibit `B" and incorporated herein by reference. Any <br />failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the <br />RFP shall be deemed a breach of this Agreement and of the RFP. <br />(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event <br />should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, <br />the City at its discretion may grant Operator alternative dates for the conducting of the Carnival <br />Events within the term of this Agreement. If Operator desires to obtain alternative dates as <br />provided in this paragraph, Operator must timely request the same from City. <br />2. SCOPE OF SERVICES <br />Operator shall provide at each of the Parks identified a full service carnival complete with <br />the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. <br />3. FEES/DEPOSITS/PERMITS/LICENSES <br />At least 10 days prior to the commencement date of each Carnival as set forth below, <br />Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth <br />below. <br />Operator agrees to pay the City and City agrees to accept from Operator the following <br />fees per Carnival Event. <br />Park/ Carnival .Dates Fee <br />Jerome Park <br />March 13 - 15, 2009 $8,250.00 <br />Jerome Park <br />Au ust 14-16 $7,000 <br /> $15,250 <br />In addition to the fees set forth herein, Operator shall pay all required City fees and <br />deposits including the fees for police services and Park clean up, and obtain all required permits <br />and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and <br />payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or <br />any other outstanding balances and fees a minimum often (10) business days prior to the start of <br />the event will result in a penalty of $500 per day. The vendor will not be allowed to start an <br />event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to <br />perform as set forth throughout the RFP. <br />25E-19 <br />