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Home My WebLink AboutZAHAKIS INC DBA PIZZA CASBAH - CONTRACT - RFP - P1020 DOWNTOWN CONCESSIONAIREDOWNTOWN CONCESSION AGREEMENT THIS AGREEMENT is made and entered into this 5th day of September, 2007, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and Zahakis Inc., dba Pizza Casbah (Concessionaire). WITNESSETH WHEREAS, the City Council passed Ordinance No. 36, 1994, establishing the Downtown Plan Area as a concession area for the sale of goods and services from outdoor locations; and WHEREAS, the City has established various concession locations in the Downtown Plan Area; and WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts from the City a concession for outdoor vending at: Site #4 - Public Right of Way (ROW) SE corner of Mountain & College intersection west of wall, north of (:ache Bank & Trust. For day use. NOW THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the parties agree as follows: Section 1. Contract Documents The contract documents consist of this Agreement and Exhibits A & B incorporated herein by this reference. These form the contract, and are incorporated herein by this reference. Section 2. Terms of the Agreement A. This Agreement shall be effective from the date of the Agreement as entered above, until May 31, 2008, unless sooner terminated as herein provided. The City may, at its option, renew the Agreement for additional one (1) year terms, to a maximum of three (3) additional one year terms. B. In the event that the concession location can not be used because of improvements being made at the concession location, this Agreement may be suspended on 30 days notice to the Concessionaire. The suspension shall continue until the improvements are completed or it is determined that the location can no longer be used as a concession site. The City will use a good faith effort to relocate the concession site if needed. 1 EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a' "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor; the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 10 CERTIFICATE OF INSURANCE p.1 This certifies that STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE. FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATEFARMFLORIDA INSURANCE COMPANY, Winter Haven,. Florida ❑ STATE, FARM LLOYDS. Dallas, Texas insures the following policyholder for the coverages indicated belovr Policyholder Address of policyholder Location atopemtions Description of operations ZAHAKIS INC (dba Pizza Casbah) 126 W Laurel Fort Collins CO The policies listed below have been issued to the policyholder for the policyperiods shown. The insurance described in these policies is subiert to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any. paid ciauns. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expira w Date . (at beginning of policy period) 96-G5-9299-9 F Comprehensive 04/15/2007 04/15/2006 Business Liability ---•""'---�--------------- BODILY INJURY AND PROPERTY DAMAGE — "--"'--------------' This insurance includes: ---- ..-'-----_'----'--" ® Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $1, 000, 000 ❑ Personal Injury _ ❑ Advertising Injury General Aggregate $ 2, 000, 000 ❑ Explosion Hazard Coverage ❑CollapseHazard Coverage Products —Completed $2,000,000 ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE - EXCESS LIABILITY Effective Date , Expiration Dale (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part t STATUTORY Pad 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease - Each Employee$ Disease - Policy Limit $ -POLICY PERIOD OMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy periodl THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NLFTHhH AFFIKMArtvtLr NOR NEGA7 rveu.r AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Re: City of Fort Collins is named as additional insured as If any of the described policies are canceled before their interests may appear its expiration date, State Farm will try to mail a written notice to the cafe holder 10 days before gncellation_ If h r, vre fail to mail such notice, Noma and Address of Certificate Welder no obligation or li ' ity w ll lie imposed on Stata Farm or Bs agen i r e e fives. City of Fort Collins 215 N. Mason St. Fort Collins, CO 80521 Signature ofAahortzbd Representative Agent 09/06/07 Tale Date Agent's Code Stamp AFO Code f625 550-994a.4 11-12-2002 Pdnted in U.SA 09/05/2007 01:54PM Pinnacol Assurance PAGE 2 OF 3 ACORT" CERTIFICATE OF LIABILITY INSURANCE °A,E,M"°°"YY' Demsnoov PRODUCER PINNACOL ASSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowy Blvd Denver, CO 80230-7006 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED ZAHAKIS ING DBA PIZZA CASBAH INSURER, PINNACOL ASSURANCE 41190 INSURER E. 126 WEST LAUREL ST wsuZ% FORT COLLINS, CO 80521 N9pRER 0 I'. INSURERS COVERAGES THE POLICIES OF MSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR IDOL POLICY EFFECTIVE POUOYEXFIRATON LTR INSRD. TYPE OF INSURANCE POLICY NUMBER CREIMMNDNYYYI CATEIMMWOIYYYYI LIMITS OENERAL LIABILM EACH OCCURRENCE DAMAGET IICLAMS CO MMERCIALOENERALUABUTY MADE OCCUR PREMISES MED E%P II,nY One penOnl PERBGNAL&ADVINURY GENLAOOREOATE LIMIT AP PLIERS PER: GENERAL AGGREGATE PRODUCTS - COMPIOP ADO POLIDY PROJECT. LOC AUTOMOBILE WBILITY COMBINED SINGLE LIMIT ANY AUTO Re,k[IGen[I BODILY INJURY ALL ONNED AUTW SCHEDULED ALTOS IPelpenpnl BODILY IMIURY KIIREOAUT08 NONIXNNED AUTOS IPCIa[[IpeIR1 PROPERTY DAMAGE IPeremoenp GARAGE LUBILIT AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC ANYAUTO ' AUTO ONLY: AG E XCEIISJU BRELLA LIABILITY EACH OCCURRENCE AGOREGATE OCCUR O CWM9MADE DEDUCTIBLE RETENTION 5 WORKERS COMPENSATIONANO WC STAY} OTHER A EMPLOYER-8 LIABILITY ANY PROPRIETOWFARTNEWEXECUTIVE 4001371 0410l/2007 04/01/2008 TORY UMITS E IEACHACCIOENI $100,000 OFFICE RIMEMBER EX CLUDED! E.L DISEASE - EA EMPLOYEE $100,000 Ie Tes, Pleme desmlbe unOer SPECIAL PRO IalONS bOl E.LOISEASE-POLICYLIMIT 500000 OTHER DESCRIPTIONOF OPER MONS&O AMONSN HICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIPL PROVISIONS CERTIFICATE HOLDER - CANCELLATION 1012753 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE ATTN: PURCHASING DEPARTMENT CITY OF FORT COLLINS THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR T 215 NORTH MASON MAIL 30 DAYS WRITTEN NOTICE TO THECERTIFICATE HOLDER NAMED TO TH FORT COLLINS CO 80521 - LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF LIABILITY OF ANY HIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. - AUTHORIZED REPRESENTATIVE Arnold Dowd ACORD 25(2001/O8) Underwriter ACORD CORPORATION 1983 09/05/2007 01:54PM Pinnacol Assurance PAGE 3 OF 3 CERTIFICATE HOLDER COPY ATTN: PURCHASING DEPARTMENT CITY OF FORT COLLINS 215 NORTH MASON FORT COLLINS CO 80521 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certian policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Pp)evsat " Attachment "C" TO BE'INCLUDED WITH PROPOSAL Proposal Form P1020 Downtown Concessionaires Page 1 of 2 Your name.and if applicable, your business name. Name: I Ko�1S�'AriT�noS %0.�a1(; S Title: Yl e5 de+�t Business Name:. -�k - z Ck C G ,ntir✓i Address: Phone Number: (ct')o) Uk -mil `i Choices of outdoor vendor sites are as follows: ➢ Refer to the locations by site number found on Attachment 'B". List first, second, and third choices for vending sites under Vending Site Number. ➢ To be considered for alternative sites, if not selected .for first choice, second or third choices must be specified. ➢ Enter'Day', 'Night', or 'Both' under Hours Requested for desired hours of operation. ➢ Concessionaires wishing to conduct vending at more than one location must submit a separate proposal for each site. CHOICE VENDING SITE NUMBER HOURS REQUESTED -- r5hts��i<; 2nd2. N'�C,MOT- 4vAiABLE ip ud�i4i�� }o4 3ra 4 cssble, I hereby acknowm7ge tha wi imply with all mandatory conditions as stated and explained in Sections 3.0, Mandatory Conditions and 5.0, Terms and Conditions of the Downtown Concessipnaire Request for Proposal. Signature Print Name Date J Attachment "C" TO BE INCLUDED WITH PROPOSAL Proposal Form P1020 Downtown Concessionaires Page 2 of 2 Proposal will be evaluated based on the criteria found in Section 4.0. Concessionaire should structure proposal in the same numerical order that the mandatory conditions and review criteria are listed. 1. Number of years experience outdoor vending in Fort Collins or another city`. 'If experience is not in the City of Fort Collins, include proof of vending elsewhere and list a contact name or phone number to verify. An example of documentation would be copies of sales tax returns for individual years in another city. Number of years: t ES S N e,-. I 141 2. Number of years experience outdoor vending in the Fort Collins Downtown Plan Area on public or private property. Number of years: Le s s Vt�( !, r 3. Quality and Suitability of Product: Include description and/or pictures of the products to be sold with estimated prices. 4. Quality/Appearance of Equipment`: Degree to which City specifications and requirements are met. Include pictures, schematics, or other data that will support and show the quality/appearance of equipment, including the cart. 'The City reserves the right to inspect all equipment to make a determination. 5. Payments to the. City: The minimum that will be paid to the City, regardless of numbers of months operated, is the $120 annual fee plus monthly power washing charge. Enter proposed payment by marking the appropriate amount. $120 annual fee only $12� 0-annual fee:plus_1_%:of_gross=receipts $120 annual fee plus 2% of gross receipts $120 annual fee plus 3% of gross receipts Pizza Casbah will be serving pizza slices, soda and chips. The quality of our food is very important to us and our commitment to food safety is top priority as our health inspection would show. Cheese or pepperoni slice $3.00 Soda$1.00 Chips$1.00 DEPARTMENT -OF -PUBLIC HEALTH AND ENVIROIA aI - . LICENSE TO OPERATE ► RETAIL FOOD ESTABLISHMENT --USE ACCOUNT NLAOSER I LIABILITY INFORMATION IS6UEDATE-' LI ENSEYALID for all references 1. 1 wa I 'pECEII. R31 40-9366"000 06 031 07/0612007 08/07@007 ' -.2007 0 .0 :- - L USEACCOUNTNUMBER. all references LIABILITY INFORMATION' I-,ISSUE DA NSE VALID? "y �p8ER 31. ..� ab . ..... �... mnw`.a 40-93566-0000 06031 C THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION IN A CONSPICUOUS PLACE- 126 W LAUREL ST FT COLLINS CO�_ Casbah cart dimensions are as followed. 1 Oft. long, 4ft. wide, and 5ft. high The cart was just built this year and everything is brand new and in perfect working order. CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder Address of policyholder Location of operations Description of operations ZAttAKIS INC (dba Pizza Casbah) 126 W Laurel Fort Collins CO The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) 96-G5-9299-9 F Comprehensive 04/15/2007 04/15/2008 BODILY INJURY AND Business Liability PROPERTY DAMAGE --- -- - ----------------- --- This insurance includes: ------------------------ --- -----------------=----------------- ® Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ 1,000,000 ❑ Personal Injury ❑ Advertising Injury General Aggregate $ 2, 000, 000 ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products — Completed $ 2, 000, 000 ❑ Operations Aggregate EXCESS LIABILITY POLICY PERIOD Effective Date Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS OF LIABILITY (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Re: City of Fort Collins If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 10 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State City of Fort Collins Farm or its agents or representatives. 215 N. Mason St. Fort Collins, CO 80521 Signature of Authorized Representative Agent 08/23/07 Title Date Agent's Code Stamp AFO Code f625 558-994 a.4 11-12-2002 Pinned in U.S A. Section 3. Concession Operations The City hereby grants Concessionaire a concession for the use of, the property described as: Site #4 - Public Right of Way (ROW), SE corner of Mountain & College intersection west of wall, north of Cache Bank & Trust concession area (per Exhibit A) for day use only outdoor vending. The Concessionaire shall have the exclusive right to operate an outdoor vending concession within this area in accordance with the agreement. A. Independent Contractor: The services to be performed by the Concessionaire are those of an independent contractor and not as an employee of the City. The City shall not be responsible for withholding any portion of Concessionaire's compensation hereunder for the payment of FICA, Worker's Compensation or otherwise. B. Records: The Concessionaire shall keep adequate and proper business records of all expenses and receipts of the concession operations. At the request of the City, all such business records shall be made open and available for inspection and audit by the City of Fort Collins Treasury Division. C. Monetary Provision: The Concessionaire agrees to pay the City an amount equal to One -Hundred -Twenty -Dollars ($120) per year, plus one (1) percent of gross receipts from the concession operations conducted pursuant to this Agreement. Gross receipts shall include all revenues, excluding sales tax received by the concessionaire from concession operations. All such gross receipt payments shall be paid to the City on the same day that sales and use tax payments are due. However, the payments for the concessions must be submitted separately. The $120 annual fee is due September 5, 2007, in the initial term, and June 1" any renewal term. Monthly payments shall be paid to the City Sales Tax Office prior to the 10th of each month for every month the agreement is in force. D. Licenses: The Concessionaire shall obtain and pay for all licenses needed for the operation of the concession including, but not necessarily limited to, a County Health Department Food Services establishment inspection, City and State sales tax licenses. Any such licenses held specifically by the Concessionaire in connection with this Agreement shall be surrendered by the Concessionaire at the time of termination of this Agreement. E. Laws, Rules & Regulations: The operation of the concession granted under this Agreement shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable rules and regulations adopted by the City or any of its Boards or Departments. 2 F. Insurance/ Indemnity: The Concessionaire shall indemnify, save and hold harmless the City from all claims and losses, including costs and reasonable attorney's fees arising directly or indirectly out of the Concessionaire's use of the concession area or operation of the concession. The Concessionaire shall maintain commercial liability insurance in the amount of $500,000 combined single limits naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B. The Concessionaire before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P.O. Box 580, Fort Collins, CO 80522, one (1) copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. G. Signage: All signs on the concession cart must be approved by the City. Signs may be displayed in or on the cart only unless additional signage is approved by City staff. H. Cart: The Concessionaire will be required to have a mobile cart. The cart may not exceed the size of four (4) foot wide, ten (10) foot long and eight (8) foot high, excluding roof overhangs and wheels. The design and appearance of the cart must conform to the specifications described in Concessionaire's proposal, unless otherwise agreed to in writing by the parties before the cart may be used at the concession area. The City reserves the right to approve any modifications, changes, or alternative cart. The . cart is subject to inspection by City. The cart must be maintained and repaired to the City's satisfaction. The cart must be removed from the right-of-way when not in use. I. Restrictions: Equipment such as tables, chairs, benches and displays not attached to the cart may not be used except for items & equipment authorized, in writing, by the City Representative. Merchandise must be restricted to the cart or appropriate storage containers if authorized. Vendor area must not exceed 10 X 10 feet, excepting only a tarp or other protective medium placed to protect underlying surface. Cart must be located in approved location on site and cannot impede pedestrian flow on the sidewalk. J. Cleanliness: Concessionaire shall keep the concession area clean of all trash within 100 foot radius of site. Food concessionaires must use a tarp under cart to minimize grease deposits and pay site cleaning fee. Concessionaire shall pay Eighty -Five Dollars ($85.00) per month cleaning fee for power washing of the site granted. If concessionaire is at site which is split between day and night operations with another food and beverage concessionaire, the concessionaire shall pay '/2 of above cleaning fee. Cleaning fee subject to change during term of agreement based on frequency required with at least thirty (30) days notice to the Concessionaire. 3 K. Sales Tax Returns: All sales tax returns and concessionaire payments to the City associated with the concession operation must be filed by their due date. No assessment fees, penalties or interest will be waived by the City. L. Power Source: If the Concessionaire needs electrical power the Concessionaire must provide for such power through the City Light & Power Department at the Concessionaire's expense. Arrangements to supply power to the concession area must be reviewed with the appropriate City departments. Portable generators will not be permitted due to concerns regarding compatibility and noise. M. Stock: The Concessionaire shall maintain an adequate stock of supplies on hand for all occasions in order to supply the need of parties desiring to patronize the concession area. N. Hours: The Concessionaire must keep the concession area open for business as directed by the City. Days of operation shall be agreed to by both parties and .the minimum hours of operation must be maintained. Minimum hours are: Two (2) to four (4) hours between 6:OOam ,and 6:OOpm Monday thru Friday. Concessionaire is not required to operate on national holidays or holidays recognized by the City where City offices (except for emergency services offices) are closed. O. Inclement Weather: The Concessionaire shall not be required to operate the concession when it is raining, snowing, hailing, and abnormally windy or when the air temperature is below 50 degrees Fahrenheit. P. Product. The products authorized are as described in Concessionaire's proposal and agreed to by the City. The City will not pre -authorize new products but does reserve the right to review any new products that may be added. This is to ensure that the new products meet the same quality as those proposed in the original Request for Proposal. Q. Blackout Dates. Concessionaire will not be allowed to operate in granted site during the following special events in the downtown area: Old Town Car Show, Colorado Brewers Festival and New West Fest. Dates for 2007 are June 91h, June 23rd and June 241h, and August 171h, 18`h and 191h. Contact the Downtown Business Association (DBA) at (970) 484-6500 to receive an application for a site at these events, and event dates for subsequent years of this contract. The DBA will work with concessionaires regarding the location of the site and a discounted booth rate 4 Section 4. General Conditions A. The Concessionaire shall neither assign any of the rights nor delegate any of the duties under the provisions of this Agreement without having first obtained the written permission of the City. The Concessionaire shall not sublet any portion of the concession area or allow any other person to take possession of any portion of the concession areas without the written consent of the City. B. Vacant sites resulting from either no -bid or termination may be filled at anytime for the duration of the current one (1) year period. Responsible parties will be awarded vacant sites as acceptable proposals are received. The city may, at its option, renew the Agreement for the formerly vacant sites for additional one (1) year periods not to exceed the balance of the three (3) additional periods remaining for this Agreement. C. This Agreement may not be enlarged, modified or altered except in writing, signed by the parties as an amendment hereto. D. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. E. It is expressly understood and agreed by and between the parties hereto that in the performance of the terms and conditions of this Agreement, time is of the essence. F. The location assigned is not transferable to another vendor or concessionaire. G. Fixtures and Improvements: 1. The Concessionaire agrees that all auxiliary equipment needed to operate the Concession shall be installed at its expense. Prior to making any and all improvements on said premises, the Concessionaire agrees to obtain the approval of the appropriate City Department and shall supervise the construction of said improvements. 2. Upon the termination of this Agreement the Concessionaire shall remove any fixtures or improvements made by it to the concession area. However, the concession area must be restored to as good a condition as the premises were in at the time the Concessionaire took possession thereof. H. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. 5 I. If either party must resort to legal action to enforce the terms of this Agreement, the prevailing party shall be awarded its costs and reasonable attorney's fees J. Any notice required or desired to be given under this Agreement will be considered delivered to the other party upon hand delivery or upon its deposit in the United States mail, postage prepaid, sent by registered mail, addressed to the other party at the following address: City City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins. CO 80522 Concessionaire: Kahakis, Inc. (dba Pizza Casbah) Attn: Konstantinos Zahakis 126 W. Laurel Street Fort Collins, CO 80524 K. Notwithstanding the time periods contained herein, either party may terminate this Agreement at any time without cause by providing written notice of termination to the other party. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the above address. Section 5. Default A. The Concessionaire shall be in default under the terms and conditions of this Agreement, if the Concessionaire fails to.cure the default within ten (10) days after written notice setting forth the nature of the default is delivered to the Concessionaire. B. In the event the default is not timely cured, the City may elect to (a) terminate this Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance or (c) avail itself of any other remedy at law or equity. Section 6. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the 6 United States Department of Homeland Security (the "Basic Pilot Program') in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until'Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake'pre- employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. City: City of Fort Collins By: Jam s B. O'Neill II, CPPO, FNIGP Director f Purchasing and Risk Management Date: Concessionaire: Kahakis, Inc. 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