20B - AGREEMENTS AND APPROPRIATION ADJUSTMENT CARNIVALS CITY OWNED PARKS

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(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. Provider, if it contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and conditions of this Agreement regarding the provision of carnival services, including insurance requirements. Not later than sixty (60) days prior to the staging of any carnival event, Promoter shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of any such Operator. Promoter shall not utilize a different operator without first obtaining the written permission of the Executive Director. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event. Park/ Carnival Dates Fee Max Event Size Jerome Park March 11-13 $8,250.00 16 Carnival Rides Jerome Park August 10-12 $7,000.00 16 Carnival Rides $15,250.00 *Note: Each carnival may host 12 Game Booths and 20 food / information booths. One booth is equal to one 10x10 canopy area. A maximum ten 10 x 10 cooking booths will be allowed (or five 10 x 20). The remainder can be non-profit, commercial or sponsorship booths. Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods and services sold at commercial booths. Massage booths are not allowed In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of 2 20B-24