25B - AGMT FIESTAS PATRIAS - Laserfiche WebLink

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d. Failure to Meet Deadlines- in the event that Event Producer fails to submit the required documents by the deadlines noted in Section 6 (a) -(c), the City shall provide written notice to Event Producer by facsimile transmission and email stating in detail which documents Event Producer failed to timely submit. Event Producer shall use its best commercially reasonable efforts to provide the documents within 5 business days of its receipt of the notice. The City Manager or his designee may waive the fine if determined by the City Manager or his designees that the Event Producer is diligently working towards preparing and providing the documents. After expiration of the foregoing time limits, the City can either choose to immediately terminate the agreement or assess a fine of $100 per day until the required documents are submitted. 7. LAYOUT AND BOOTH LOCATIONS The layout of the Festival, including the booth placement, stages, exhibit areas, beer garden, command post, carnival location, etc., will be mutually agreed upon by City and Event Producer. Taking into account the needs and concerns of the City and Event Producer and the fact that the location of the Festival is a substantial factor in the successful production of the Festival, in the event that City and Event Producer cannot agree on the location either party may terminate this Agreement. In no event may the location of the Festival be changed after June 15, 2018 absent an emergency outside of the control of the City. 8. FESTIVAL THEME If a theme is considered as part of the marketing or promotional materials for the Festival, City and Event Producer shall work together to determine an appropriate theme. City has final determination and approval on the overall Festival theme and or the determination as to whether to utilize a theme at all. 9. PRESS RELEASES AND PROMOTIONAL MATERIAL City shall receive copies of all proposed press releases and advertising for Festival at least 72 hours prior to use in the Festival promotion. Press releases and advertising for the Festival shall be in English and Spanish. City retains the right to approve all press releases and promotional material used for the Festival. All promotional materials for Festival will have the City logo and Event Producer will provide copies of all press releases and promotional materials sent out in the form they were published. 10. ENTERTAINMENT City shall retain final approval over all entertainment. City at its sole discretion and/or for any reason may reject entertainment chosen by Event Producer. Event Producer shall produce a complete schedule for the main stage listing each performer, their popularity rating, and their associated time eight weeks prior to each scheduled Event. At the City's discretion, an extension may be granted. City will provide final approval within five working days of City's receipt of entertainment schedule, at which time City will provide written approval in the form of a letter from the City Manager or his designee. As part of the entertainment package, Event Producer shall incorporate at least one headliner for Saturday and Sunday as part of the entertainment segment of the event. The headliner shall be a musician or group that is recognized and established to be a regional draw within their music genre. 11. HOURS a. For Entertainment: The final entertainment shall end by 9:00 p.m. Saturday and by 9:00 p.m. Sunday. Event Producer shall employ a stage manager to ensure the entertainment agenda is followed. If Event Producer fails to enforce the closure time, the Police Department will immediately close the stage and disburse the crowd. Event