§ 191.107. Faithful payment and performance bonds; performer and participant contracts; and payment for city personnel, materials and services.

Within ten business days of the Chief notifying the Applicant of its service quote for providing Jacksonville Sheriff's Office and Jacksonville Fire and Rescue Department personnel, as specified in Section 191.114 and 191.115, and the sanitation, maintenance and clean-up costs as specified in Section 191.117, the Applicant shall comply with subparagraphs (a) and (b) below:

(a)

The Applicant shall pay for fifty percent (50%) of the total service quote for the City personnel, materials and services required by Sections 191.114, 191.115 and 191.117 in immediately available funds via a cashier's check, certified check, wire transfer or money order. The outstanding 50 percent balance due shall be paid to the City in same manner by no later than the conclusion of the special event.

(b)

Applicant may satisfy the outstanding fifty percent (50%) costs identified in subparagraph (a) above by providing a faithful payment and performance bond or irrevocable, direct pay, evergreen letter of credit (that may be drawn by facsimile presentation) in an amount equal to the remaining costs of providing Jacksonville Sheriff's Office and Jacksonville Fire and Rescue Department personnel as specified in Section 191.114 and 191.115, and the sanitation, maintenance and clean up costs as specified in Section 191.117. Such bond or irrevocable letter of credit shall be in a form approved by the Office of General Counsel and the Risk Manager or designee according to the standards set forth in this section. The purpose of such bond or irrevocable letter of credit is to insulate the City from financial loss because the City allowed special events to occur.

(c)

Confirmation of the names of all persons or groups who will perform at a special event; who will provide or furnish products, materials, goods or services other than entertainment; or who will furnish or provide rides, mechanical entertainment or amusement devices. Mechanical amusement devices shall comply with the requirements of Chapter 160, Ordinance Code. Such confirmation shall include delivery of executed copies of all performer contracts between the applicant and such performing persons or groups to the Chief. Redaction of pricing information shall be permitted, consistent with the provisions of Section 191.109(a); and the Chief in his or her sound discretion may grant an extension of time to no later than 30 days before the event to provide such contracts if the applicant is still in negotiations or is otherwise prevented for legitimate business reasons from submitting the contracts within ten business days after conditional approval of the event.

(d)

If an event is cancelled due to a state of emergency declared by the Governor or Mayor or, at the request of the Applicant, promoter or sponsor, at least 21 calendar days before the event, the City, at the Applicant's, promoter's or sponsor's request, shall refund to the Applicant, promoter or sponsor all costs deposits paid hereunder to the extent the costs have not already been incurred by the City, and shall release the net remaining security posted hereunder, within no later than 30 calendar days after the event was scheduled to occur.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1)