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(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not <br />proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its <br />discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term <br />of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter <br />must timely request the same from City. <br />2. SCOPE OF SERVICES <br />Promoter shall provide at each of the Parks identified a full service carnival complete with the <br />rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. Provider, if it <br />contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply <br />with all the terms and conditions of this Agreement regarding the provision of carnival services, including <br />insurance requirements. Not later than sixty (60) days prior to the staging of any carnival event, Promoter <br />shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, <br />of any such Operator. Promoter shall not utilize a different operator without first obtaining the written <br />permission of the Executive Director. <br />3. FEES/DEPOSITS/PERMITS/LICENSES <br />At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter <br />shall pay to City the applicable fee for use of the Carnival Area as further set forth below. <br />Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per <br />Carnival Event. <br />Park[ Carnival...DatQs <br />fee <br />Max Event Size <br />Rosita Park June 8-10 <br />$4,500.00 <br />16 Carnival Rides <br />Cesar Chaves/Cam esino October' - <br />$4,500.00 <br />14 Carnival Rides <br />Delhi Park October 2-1-2-3 <br />$4,500.00 <br />14 Carnival Rides <br />i _ z i <br />$13,500.00 <br />*Note: Each carnival may host 12 Game Booths and 20 food / information booths. One booth is <br />equal to one 1 Ox 10 canopy area. A maximum ten 10 x 10 cooking booths will be allowed (or five 10 x <br />20). The remainder can be non-profit, commercial or sponsorship booths. Please include in your plot plan <br />what goods and services each of these booths will offer and the dimension of each booth. The City must <br />approve all goods and services sold at commercial booths. Massage booths are not allowed <br />In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits <br />including the fees for police services and Park clean up, and obtain all required permits and licenses as <br />detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the <br />RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and <br />fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per <br />day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to <br />other monetary penalties for failure to perform as set forth throughout the RFP. <br />4. SECURITY DEPOSIT <br />Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the <br />additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for <br />interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of <br />2 <br />