1 FIRST AMENDMENT TO SERVICES AGREEMENTFOR FESTIVAL OF LIGHTSICE COLD ENTERTAINMENT, INC. THIS FIRST AMENDMENT TO SERVICES AGREEMENT (“First Amendment”) is made and entered into this _____ day of _______________, 2024, by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation (“City”), and ICE COLD ENTERTAINMENT, INC., a California corporation (“Contractor”). RECITALS WHEREAS, on November 7, 2023, City and Contractor entered into a Services Agreement for Festival of Lights (“Agreement”); and WHEREAS, the Agreement expired on January 31, 2024; and WHEREAS, Section 2 of the Agreement provides that the Term may be extended for an additional one (1) year term; and WHEREAS, City and Contractor desire to extend the Agreement through January 31, 2025; and WHEREAS, City and Contractor desire to amend the Scope of Services by replacing Exhibit “A” with Exhibit “A-1”; and WHEREAS, City and Contractor desire to increase Compensation in the amount of Four Hundred Twenty-One Thousand Six Hundred Sixty-Five Dollars and Seventy-Eight Cents ($421,665.7800) for the extended term of the Agreement; WHEREAS, City and Contractor desire to amend the Compensation by replacing Exhibit “B” with Exhibit “B-1.” NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by this reference, City and Contractor agree as follows: 1. Section 2 of the Agreement is hereby amended to extend the Term through January 31, 2025. 2. Exhibit “A” of the Agreement (Scope of Services) is hereby amended and replaced in its entirety with Exhibit “A-1,” attached hereto and incorporated herein by this reference. 3. Section 3 of the Agreement is hereby amended to increase Compensation in the amount of Four Hundred Twenty-One Thousand Six Hundred Sixty-Five Dollars and Seventy-Eight Cents ($421,665.78) for the extended term of the Agreement. 2 4. Exhibit “B” of the Agreement is hereby amended and replaced in its entirety with Exhibit “B-1,” attached hereto and incorporated herein by this reference. 5. All terms and conditions of the original Agreement not inconsistent with this FirstAmendment shall remain in full force and effect and are incorporated herein by this reference as though set forth in full. IN WITNESS WHEREOF, City and Contractor have caused this First Amendment toServices Agreement for Festival of Lights to be duly executed on the day and year first above written.CITY OF RIVERSIDE,a California charter city and municipalcorporation By:_________________________________ City ManagerATTESTED TO:By:________________________________ City ClerkCERTIFIED AS TO AVAILABILITY OF FUNDS:By:_________________________________ Chief Financial OfficerAPPROVED AS TO FORM:By:_________________________________ Deputy City Attorney ICE COLD ENTERTAINMENT, INC.,a California corporation By:_____________________________ Print Name: ______________________ Title:____________________________ and By:_____________________________ Print Name:_______________________ Title:_____________________________ 23-1281.1 TAT 09/12/24
EXHIBIT A-1 SCOPE OF SERVICESContractor constructs, maintains, and manages premier quality ice skating rink with real ice. Contractor provides a turnkey all-inclusive service including as needed, meetings with city staff, ongoing communication with city staff, and application for required permits. ICE RINK SPECIFICATIONS: Outdoor ice rink, to be located in downtown Riverside at the parking lot at The Cheech Marin Center for Chicano Art & Culture at 3581 Mission Inn Avenue on the corner lot of Mission Inn Avenue and Orange Street with a rink size of 50’ x 120’. CONTRACTOR MUST PROVIDE THE FOLLOWING SERVICES AND PRODUCTS: 1. Design and Build Substructure. Design and build the substructure needed for the ice rink, including all materials. a. City will provide the wood and materials for the substructure. Materials include paint, wood, and sand. Additional materials may be included with City Staff approval. 2. Refrigeration System. Must provide a minimum 120 ton with 6” hose supplied for onsite use. The chiller must be able to function if enclosed with fencing to reduce visibility to public. City will provide fencing and fence cover. All pumps, hoses, connections, and required connections must be appropriately secured for safety and not accessible to the public. 3. Equipment Storage. Contractor must provide secured storage for all required equipment to reduce access to public. If needed City must be able to wrap or screen storage with Festival of Lights graphic or other city approved graphics. 4. Modular Dasherboard System. Dasherboard system must be appropriate for outdoor use and constructed from premium materials to withstand outdoor elements. System must be constructed of premium aluminum with minimum width of 5” with 10” kick plates meeting ASTM standards. Dasherboard must meet City of Riverside Fire Code Requirement. Dasherboard must be clear Plexiglass or better material to allow visibility by public. Dasherboard must allow space to display signage. City will produce signage. 5. Ice Rink Maintenance Equipment. Must use Zamboni Model 100 or VM Pinguino for ice resurfacing. Contractor must perform ice resurfacing after each session and prior to closing. Drivers must be trained to inspect ice for irregularities while driving around ice rink. 6. Rental Ice Skates, Sharpening Services. Must provide no less than 250 pairs of industry best skates. The skates must be of high quality, comfortable for all ages. Skate sharpening must be included and done as needed. Regular inspection of ice skates is required. Must provide Skate Helper Ice Skating Training aids. 7. Skate Change Deck Area with Rubber Flooring. Rubber ¾” thick black mats will be used inside the gated area measuring minimum 84’ x 12’.
8.Professional Supervision and General Labor for Set Up/Strike. Contractor must supply all expert supervision and labor for set-up and strike. 9. Tools, Equipment, and Supplies for Set-Up and Strike. Contractor must provide all necessary equipment and supplies needed to build first class facility. 10. Generator. Contractor must provide 300kw generator to power all needs at the ice rink location. Contractor must have readily available technical services to address any power issues or replacement of generator if needed. Any issue with the generator must be immediately addressed to avoid any interruption to the ice rink operation schedule. Contractor is responsible to retain services related to the issuance of the generator permit. 11. Refrigeration Technician. Technician On-Call 24-hour basis during entire event. Contractor must have readily available technical services in the event of chiller failure. City expects immediate response by technician to reduce impacts to service. 12. Skate Assists. Contractor will provide skate assists for a one-time cost of $2,500. The revenue from the rental of the Skate Assists will be paid to the City. 13. Dates of Operation. Public operation from November 23, 2024 to December 31, 2024. City will determine times of operation prior to event. Event hours are 5:00 pm to 10:00 pm. a. During the holiday week from December 23 to December 31, 2024 the ice rink will operate from 3:00 pm to 10:00 pm. b. Additional sponsor/partner early hour skating may be requested by the City. City will submit request no later than two weeks prior to date of requested early hour event date. 14. Waivers. Operator is responsible for providing waivers to skaters. The City of Riverside will provide the waivers as required and approved by City of Riverside Attorney’s Office. 15. Revenue. The City of Riverside will retain all revenue. TURNKEY MANAGEMENT AND DAILY OPERATIONS: 1. Contractor must provide professional and experienced on-site management during the term of the agreement. Including but not limited to box office operations, skate rental attendants, experienced skate guards, and maintenance personnel. 2. General Manager or designated staff should be in Riverside or within 10 miles for the duration of the event to ensure successful operation and immediate response to emergencies. General Manager must be properly trained and able to respond to emergencies as they arise. 3. All personnel must represent the City of Riverside and provide customer service that aligns with the values of the City.
4. Personnel is required to wear uniforms that identify them as personnel of the contractor. Personnel must wear protective gear and trained to respond to emergencies/contact the City of Riverside Emergency Services. 5. Contractor must provide all box office equipment and supplies. Contractor must provide electronic report of all sales on hourly, daily, weekly, and monthly basis. Ticket sale reports must indicate type of ticket sold. Tracking of tickets sold must prevent sale of tickets upon reaching capacity per City or Riverside Fire Code. 6. Contractor must provide payment of all sales (revenue) to the City on a weekly basis. Schedule of payments will be as follows: Revenue DatesPayment Due to CityNovember 23 – November 28, 2024 November 29, 2024November 29 – December 5, 2024 December 6, 2024 December 6 – December 12, 2024 December 13, 2024 December 13 – December 19, 2024 December 20, 2024 December 20 – December 26, 2024 December 27, 2024 December 27 – December 31, 2024 January 3, 2025 EXHIBIT B-1 COMPENSATION The amount to be paid for the term of the agreement shall not exceed $421,665.78. First payment to be processed upon execution of agreement in the amount of $210,832.89. Second payment to be processed January 5, 2025 in the amount of $210,832.89