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the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival <br />event provided for herein. <br />5. TERM <br />This Agreement shall commence on the date first written above and terminate on December 31, <br />2012 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be <br />extended for an additional 1 year term at the City's sole discretion through a writing executed by the <br />Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. <br />6. NON-POSSESSORY INTEREST <br />City retains full possession of the Park and Carnival Area and Operator will not acquire any <br />interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by <br />the exercise of the permission given herein. Operator will make no claim to any such interest. Any <br />violation of this provision will immediately void and terminate this Agreement. <br />7. NON RECORDING <br />Neither party shall record this Agreement <br />8. RECORD KEEPING AND AUDIT <br />A. Operator shall establish and maintain separate accounting records for each Carnival <br />Event at the specified Parks. Operator's accounting system shall conform to generally accepted <br />accounting principles and all records shall provide a breakdown of total costs and revenues associated <br />with the Park Carnival Events. <br />B. All Operator's records of revenues and repairs pertaining to the Carnival Events <br />referenced herein shall be kept for the duration of this Agreement and made available at all times for <br />audit by City upon request <br />9. INDEPENDENT CONTRACTOR <br />Operator shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Operator performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Operator shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />22 <br />19D-24