HomeMy WebLinkAboutSALZ07 - CONTRACT - CONTRACT - MISC AGREEMENT KIDS NIGHT OUTCONCESSION AGREEMENT
This Concession Agreement, hereinafter called the "Agreement", made and entered into as of
the twenty-first day of September, 2007 by and between The City of Fort Collins, Colorado, a
municipal corporation, hereinafter called "City", and SALZ07 LLC, hereinafter called
"Concessionaire "
WITNESSETH-
GENERAL SCOPE OF SERVICES
The Concessionaire agrees to provide services in accordance with the following articles and the
Scope of Services attached hereto as Exhibit "A", consisting of three (3) pages, and
incorporated herein by this reference
ARTICLE 1 - Concession Space
1 1 Definition of Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean the Northside Aztlan
Community Center (NACC) located at 112 East Willow, Fort Collins, CO 80524
ARTICLE 2 - Concessionaire's Use of Concession Space
2 1 In General
The City grants to Concessionaire the following rights and privileges
21 1 Subject to other limitations expressed in this Agreement, the right to exclusive use of
the Concession Space for youth activity operations (and for no other purpose) in such spaces
and manner as may be prescribed by the City
ARTICLE 3 - Rights of Ingress and Egress
31 In General
Concessionaire shall have the right of ingress and egress to and from the Concession Space
and Northside Aztlan Community Center (NACC) for Concession aire, s> employees, agents and
invitees to the extent reasonably necessary in connection with the conduct of Concessionaire's
business under this Agreement Areas designated as restricted areas by the City shall be
excluded
32 Closures
The City may, at any time, temporarily or permanently, close or consent to or request the
closing of any roadway or any other way at, in or near Northside Aztlan Community Center
(NACC), presently or hereafter used as such, so long a reasonable and safe means of ingress
and egress as provided above remains available to Concessionaire
ARTICLE 4 - Undertakings of Concessionaire
4 1 Provide Kids Nite Out' activities for persons from and including ages 8 through 14
411 Services
The Concessionaire may not add, remove or otherwise vary services listed without the prior
165 Governing Law
This Agreement shall be performable and enforceable in Larimer County, Colorado, and shall
be construed in accordance with the laws of the State of Colorado
166 Benefits
This Agreement is made for the sole and exclusive benefit of the City and Concessionaire, their
successors and assigns, and is not made for the benefit of any third party
167 Construction
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same
168 Successors and Assigns
All covenants, stipulations and agreements in this Agreement shall extend to and bind each
party hereto, its legal representatives, successors and assigns
169 Headings
The paragraph headings and titles of the several articles of this Agreement are inserted herein
for convenience and reference only, and are not intended and shall not be construed to affect in
any manner the terms and provisions hereof, or the interpretation or construction thereof
16 10 Attorney Fees
In the event any legal action or proceeding is brought to collect sums due or to become due
hereunder or any portion thereof or to enforce compliance with this Agreement for failure to
observe any of the covenants of this Agreement, the losing party agrees to pay to the prevailing
party such sums as the Court may judge reasonable attorneys' fees and costs to be allowed in
such action or proceeding and in any appeal therefrom
1611 Entire Agreement
This Agreement which is the entire agreement between the parties hereto, supersedes all prior
agreements, understandings, warranties or promises between the parties hereto, whether
written, spoken, or implied from the conduct of the parties hereto
1612 Severability
In the event any covenant, condition or provision of this Agreement is held to be invalid by final
judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall not in any way affect any of the other covenants, conditions or provisions of this
Agreement, provided that the invalidity of any such covenant, condition or provision does not
materially prejudice either City or Concessionaire in their or its respective rights and obligations
under the valid covenants, conditions or provisions of this Agreement
16 13 Surrender of Possession
Upon the expiration of this Agreement or its earlier termination as herein provided,
Concessionaire shall remove all of its property and surrender entire possession of its rights to
the City and its improvements in accordance with Section 9 above, unless this Agreement is
renewed or replaced
16 14 City Representative
The City will designate its representative who shall make, within the scope of his or her
authority, all necessary and proper decisions with reference to this Agreement All requests for
contract interpretations, amendments and other clarifications or instruclions shall be directed to
the City Representative
1615 Notices
Notices permitted or required to be given under this Agreement shall be in writing and shall be
deemed given upon personal delivery or upon deposit in the United States Mail, certified, return
receipt requested, postage fully prepaid, addressed as follows or to such other address as the
parties may designate from time to time by notice given in accordance with this Section
City
City of Fort Collins
Purchasing Division
P O Box 580
Fort Collins, CO 80522
Concessionaire
SALZ07, LLC
Attn Susan Salz
1230 Canvasback Court
Fort Collins. Colorado 80525
Either party may change the address for notice, in whole or in part, by giving the other party
written notice of the now address
1616 Schedules and Exhibits
Whenever reference is made in this Agreement to a Schedule or an Exhibit, unless otherwise
specifically expressed to the contrary, such Schedule or Exhibit shall be deemed attached to
and by the reference incorporated in this Agreement
16 17 Force Majeure
Neither the City nor the Concessionaire shall be deemed in violation of this Agreement if
prevented from performing any of its obligations hereunder by reason of strikes, boycotts, labor
disputes, embargoes, shortage of energy or materials, acts of God, act of public enemy, acts of
superior governmental authority, weather conditions, rights, rebellion, sabotage or any other
circumstances for which it is not responsible or that are not within its control
16 18 No Limitation on General Powers
Nothing in this Agreement shall be construed as in any way limiting the general powers of the
City to fully exercise their governmental functions or their obligations under any bond covenants
or federal, state or local laws, rules or regulations
1619 No Relationship
Nothing contained herein shall be deemed or construed by the parties hereto nor by any third
party as creating the relationship of principal and agent or a partnership or a joint venture
between the parties hereto
1620 Survival
To the extent necessary to carry out all of the terms and provisions hereof, the said terms,
obligations and rights set forth herein required shall survive and shall not be affected by the
expiration or termination of this Agreement
1621 ADA Compliance
The City of Fort Collins Recreation Division proudly supports the Americans with Disabilities Act
(ADA) and is dedicated to providing programs and services to citizens with disabilities
Agencies contracted by the City to provide programs and services shall also be responsible for
providing and paying for the necessary accommodations or support for individuals with
disabilities to participate in any activity of their choice This may include, but is not limited to,
hiring sign language interpreters, modifying instructional technique and equipment, providing
trained staff or volunteers for one on one support The City will be responsible for any structural
ADA modifications to the facility and provide staff training and resources for determining and
implementing accommodations Please refer to the City of Fort Collins - CLRS Inclusion
Procedures attached as Exhibit "E"
16 22 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 United States Department of Homeland Security (the `Basic
Pilot Program") in order to confirm the employment eligibility of all newly hired
employees
b Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts 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 lob 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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above
THE CITY OF FORT COLLINS, COLORADO
By v
UJan es B O'Neill II, CPPO, FNIGP
Direct r Purchasing & Risk Management
Date
SALZ07,LLC
By l v
Print Name al:�Ll✓17"
Title YYU-M Lb-7
Date 0-01"-t)q
Exhibit "A"
Scope of Services
1) Kids Nite Out' Defined
I The term " Kids Nite Out"' as used in this contract means that the premises shall be used
for activities on each Friday evening of the month for persons from and including the
ages 8 through 14, for the following activities
i Game Activities games such as basketball, dodgeball,
volleyball, dancing, inflatables, and other gym activities
u Audio and Video Activities including, but not limited to,
performances of person(s) to coordinate and direct the playing
of records, videos, discs, dvd's and the like Concessionaire
screens all music to exclude profanity and the like
""i Food, Drink and Concession Activities Concessionaire will
operate a concession stand that will include the sale of soft
drinks, chips, candy bars, T-shirts, etc Concessionaire will be
responsible for collecting city/state sales tax on sales
2) Manner of Operation
Concessionaire shall keep reasonably stocked with concession merchandise, including soft
drinks and candy, and reasonably staffed to adequately serve the patrons Concessionaire
must operate the Kids Nite Out" activities on the premises in a diligent and efficient manner
Concessionaire must keep the premises open for business from 7 p m to 10 30 p m on
each Friday of the month during the term of this contract, except Concessionaire is not
required to operate its business on legal holidays, nor during any time when such
operations must be suspended because of casualty loss to the premises or the building in
which the premises are located, strike, insurrection, or other cause beyond the control of
the Concessionaire Concessionaire will require either a parent or responsible adult to sign
in and sign out all youth attendees
3) Preparation and Clean up
I Preparation and clean up of the premises will be the responsibility of the Concessionaire
staff during the term of the contract The Concessionaire shall take every reasonable
effort to keep all food and drink out of NACC gyms Concessionate agrees that it will have
sufficient staff available on the premises to assure proper and efficient preparation and
clean up
II At the conclusion of each evening during which the premises ale used, Concessionaire
shall remove all of its personal property and return the premises to substantially the same
condition as it existed prior to possession on that evening The City representative must
designate and approve any storage space used for any Concessionaire's equipment left at
the facility Storage space may or may not be available and may change weekly
4) Waste or Nuisance
Concessionaire will not use, or permit the use of, the premises in any manner that result in
waste of the premises or constitutes a nuisance Nor will the Concessionaire use, or permit
the use of the premises for any illegal purpose Concessionaire will comply, and will cause
its officers, employees, agents, patrons, and other invitees to comply with all applicable
laws and ordinances and with all applicable rules and regulations of governmental agencies
concerning the use of the premises
5) Security
I Concessionaire shall request/hire at least one (1) security officer or off duty police officer
after 100 kid average is reached The officer shall be on the premises during the hours
Concessionaire is open for business
6) Supervision
Concessionaire will provide adequate supervision at all times All supervisors shall be at
least eighteen (18) years of age Concessionaire will staff supervisors at a ratio of not less
than one (1) supervisor to every twenty (20) Youth Activity Program participants
7) Conduct
Any guests who conduct themselves in an unbecoming manner or become a nuisance may
be suspended or expelled from Kids' Nite Out' activities Thereupon, all privileges of such
guest shall be automatically terminated without prorating the entry fee or receiving a refund
At that time, the suspended guest will wait for parent(s) or a responsible adult to be notified
to pick up their youth immediately All participants and staff members are to conduct
themselves in a manner deemed appropriate as agreed upon between Concessionaire and
the City Concessionaire staff will closely monitor behavior and dress code
8) Injury or Accident
I Concessionaire staff will notify City Staff immediately if any injury or accident occurs during
the operation of the program
9) Access to Premises
I Concessionaire its employees, guests and patrons shall not have access to any portion of
the Northside Aztlan Community Center (NACC), or equipment located therein, that is not
specifically designated for use Concessionaire shall take affirmative steps to prevent its
patrons from accessing portions of the Northside Aztlan Community Center (NACC) that are
not specifically designated for use
10) Maintenance by the City
The City will, at its own expense and risk, maintain the premises including but not limited
to, maintenance of the roof, foundation, plumbing, heating and air conditioning systems,
fire protection sprinkling systems, structural soundness of the exterior walls (including all
windows, window glass, plate glass, and doors), bathrooms, sinks, locker rooms, drinking
fountains, parking lots, walkways surrounding the premises or the building in which the
premises are located, stairways and elevator, including repairs and all necessary
replacements of these items not caused by Concessionaire, its employees, patrons and/or
guests
11) Waste or Nuisance
Except as provided in 10-I, Concessionaire shall maintain the premises and keep them free
from waste or nuisance throughout the contract term and any extension At the termination
of each evening session, Concessionaire will surrender and deliver the premises to the City
in as good a state of repair and condition as they were in at the time the City delivered
possession to Concessionaire, reasonable wear and tear and damage by fire, tornado, or
other casualty excepted Concessionaire will take reasonable precautions to prevent, and
shall immediately clean up all spillage and damage caused by food, drinks, candy, or gum
12) Failure to Perform
In event either party fails to perform its obligation to repair or maintain as set forth in 10-1 and
11-1 above after notice from the other party of the need for such repair of maintenance and
the passage of a reasonable amount of time for performance after such notice, the other
party may terminate this contract or, at its option, suspend business operations until such
repairs or maintenance are completed
13) Utilities
Concessionaire shall not use utilities if they are not needed, such as, leaving lights off in
unused rooms, turning off all sinks and showers if left on
14) Garbage Removal
Concessionaire shall remove all garbage and rubbish in areas used from the rented facility,
and take out to dumpster bin during the term of the contract
15) Signs
I Concessionaire may post temporary signs, during the hours of use, subject to the approval
of the Facility Manager or Recreation Supervisor as to the number, size, materials used to
place and placement of the signs
16) Advertising
I Concessionaire proposed advertising materials must be reviewed and approved by the City
representative
Exhibit " B"
BACKGROUND CHECKS FOR POSITIONS OF TRUST
Certain positions to be utilized by Concessionaire in providing services to the City under this
Agreement have been designated by the City as "positions of trust " Such positions include, but
are not limited to, lobs where the employee or volunteer regularly works with youths or other
members of the general public, enters private homes or property, or is responsible for
accounting duties or management and control of City property Concessionaire will conduct a
background investigation of persons to provide services to the City in such positions The
investigation shall include, but is not limited to, checking arrests and/or conviction records,
driving records, credit history, previous employment and volunteer work, and references,
including review of any records or information available to the City as a result of past
employment or contractual relationships the employee has had with the City The
Concessionaire shall make fob assignment and responsibility assignments based upon and in
consideration of the background investigation, and shall not permit any person to perform any
position for which such person's character or suitability are reasonably in question based upon
the information obtained in connection with a background investigation The City may, in its
discretion, object to any assignments of personnel to positions of trust by Concessionaire,
based on the background investigation The City may provide assistance in completing the
background investigation, including providing the completed disclosure form to an outside
vendor for a confidential records check Concessionaire acknowledges that by providing such
assistance the City assumes no responsibility for the timeliness, accuracy or completeness of
the background investigation, or for the direct or indirect consequences resulting from the same,
and Concessionaire shall hold the City harmless for any injury or loss resulting therefrom
Process for Obtaining Background Check Information
The Concessionaire shall use the following procedure
Once an employee or volunteer selection or assignment for work under the
Concessionaire Agreement with the City is made, the employee or volunteer shall
complete the background check form attached to the Agreement as Exhibit "C", which is
titled "Disclosure to Employee/Volunteer Regarding Procurement of a Consumer Report
(Including Criminal History Report and Employment History Review) " The purpose of
this form is to provide the necessary information about an applicant and permission to
review confidential information, so that the Concessionaire can complete a thorough
background check
If the Concessionaire anticipates that the employee or volunteer will operate any
vehicles or City equipment in providing services to the City, a driving record check shall
be conducted in addition to a criminal check The driving record check will be completed
at the same time as the background check
Exhibit "C"
DISCLOSURE TO EMPLOYEE/VOLUNTEER
REGARDING PROCUREMENT OF A CONSUMER REPORT
(INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW)
In connection with your employment/volunteer status in connection with sensitive contractual
services being provided by your employer, SALZ07 LLC, to the City of Fort Collins, your employer
may procure a consumer report/criminal history on you as part of the process of considering your
role as an employee/volunteer, and may obtain information from and share the resulting information
with the City of Fort Collins for that purpose The investigation conducted in conjunction with the
report may include an investigation of your personal employment/volunteer history, education,
financial and credit records, public records concerning your driving record, civil and criminal court
records, county, state and federal tax liens, notices of default and bankruptcies, and other records as
may be appropriate In the event that information from the report is utilized in whole or in part in
making an adverse decision, effort will be made to provide you with a copy of the consumer
report/criminal history and a description in writing of your rights under the federal Fair Credit
Reporting Act The Fair Credit Reporting Act gives you specific rights in dealing with consumer
reporting agencies A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT
REPORTING ACT is attached to this document
By your signature below, you hereby authorize SALZ07 LLC, and/or the City of Fort Collins to obtain
a consumer report and/or an investigative report about you in order to consider you for
employment/volunteer status, including any records related to previous employment or contractual
relationships you have had with the City of Fort Collins
Applicant's Name
(Please Print)
Date of Birth Social Security #
Applicant's Address City/State/Zip
Signature
Signature of Parent or Guardian (if applicant is under age 18)
Other Names Used in the Last Seven (7) Years
Previous Out -of -State Address(es) in the Past Seven (7) Years
1
Address
City County State Zip
2
Address
City County State Zip
Please list any additional addresses on the back of this page
Give this disclosure with a copy of "A Summary of Rights Under the Fair Credit Reporting Act" to
applicant Retain copy of the release for your records, and provide copy to the City of Fort Collins
A Summary of Your Rights
Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and
privacy of information in the files of every "consumer reporting agency" (CRA) Most CRAs are
credit bureaus that gather and sell information about you -- such as if you pay your bills on time
or have filed bankruptcy -- to creditors, employers, landlords, and other businesses You can
find the complete text of the FCRA, 15 U S C 1681-1681 u, at the Federal Trade Commission's
web site (http //www ftc gov) The FCRA gives you specific rights, as outlined below You may
have additional rights under state law You may contact a state or local consumer protection
agency or a state attorney general to learn those rights
You must be told if information in your file has been used against you Anyone who uses
information from a CRA to take action against you -- such as denying an application for credit,
insurance, or employment -- must tell you, and give you the name, address, and phone number
of the CRA that provided the consumer report
You can find out what is in your file At your request, a CRA must give you the information in
your file, and a list of everyone who has requested it recently There is no charge for the report if
a person has taken action against you because of information supplied by the CRA, if you
request the report within 60 days of receiving notice of the action You also are entitled to one
free report every twelve months upon request if you certify that (1) you are unemployed and
plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate
due to fraud Otherwise, a CRA may charge you up to eight dollars
You can dispute inaccurate information with the CRA If you tell a CRA that your file contains
inaccurate information, the CRA must investigate the items (usually within 30 days) by
presenting to its information source all relevant evidence you submit, unless your dispute is
frivolous The source must review your evidence and report its findings to the CRA (The source
also must advise national CRAB -- to which it has provided the data -- of any error ) The CRA
must give you a written report of the investigation and a copy of your report if the investigation
results in any change If the CRA's investigation does not resolve the dispute, you may add a
brief statement to your file The CRA must normally include a summary of your statement in
future reports If an item is deleted or a dispute statement is filed, you may ask that anyone who
has recently received your report be notified of the change
Inaccurate information must be corrected or deleted A CRA-must remove or correct inaccurate
or unverified information from its files, usually within 30 days after you dispute it However, the
CRA is not required to remove accurate data from your file unless it is outdated (as described
below) or cannot be verified If your dispute results in any change to your report, the CRA
cannot reinsert into your file a disputed item unless the information source verifies its accuracy
and completeness In addition, the CRA must give you a written notice telling you it has
reinserted the item The notice must include the name, address and phone number of the
information source
You can dispute inaccurate items with the source of the information If you tell anyone -- such as
a creditor who reports to a CRA -- that you dispute an item, they may not then report the
information to a CRA without including a notice of your dispute In addition, once you've notified
the source of the error in writing, it may not continue to report the information if it is, in fact an
error
Outdated information may not be reported In most cases, a CRA may not report negative
written authorization of the City Representative
41 2 Merchandise Quality and Service
Concessionaire acknowledges the desire and obligation of the City to provide the public with
quality merchandise and a high level of service Therefore, Concessionaire agrees to offer for
sale from the Concession Space only merchandise and services at prices not to exceed the
prices customarily charged for similar items in Fort Collins area Pro Shop operations If, in the
opinion of the City, the selection of items offered is inadequate or not of acceptable quality, if
any of the prices are excessive or if any of the items are found to be objectionable for display
and/or sale in a public facility, the City shall meet and confer with Concessionaire regarding
such matters However, Concessionaire acknowledges that the City's determination as to the
same shall be conclusive Failure of Concessionaire to correct, rectify or modify its prices or
quality within seven (7) days of being advised in writing to do so shall be cause for default
42 Hours of Operation
Concessionaire shall have use of the concession space on each Friday of the month between
6 00 p m (set-up) and 11 30 p m (takedown) All set-up and take down activities shall be
conducted during these hours Concessionaire will conduct their program from 7 00 p m to 10 30
pm
43 Concessionaire Personnel
Concessionaire shall control the conduct and demeanor of its agents arid employees The
Concessionaire agrees to provide to the City at all times a current list of employees, volunteers
and other representatives or agents of Concessionaire that will be working on behalf of
Concessionaire in providing services to the City under this Agreement The Concessionaire and
the City acknowledge and agree that certain services provided by Concessionaire will require that
employees and volunteers of Concessionaire act in positions of trust which will entail the handling
of and accounting for funds of the City and City property, or direct contact with youth and other
members of the general public Accordingly, Concessionaire agrees that all employees,
volunteers, and other representatives or agents of the Concessionaire in positions of trust, as
described in Exhibit "B", consisting of two (2) pages, attached hereto and incorporated herein by
this reference, shall be screened using the background screening procedure described on
Exhibit "B", and that the results of such background screening shall be provided to the City prior to
any such persons participation in the provision of services hereunder The Concessionaire shall
require the completion and execution of the Disclosure form attached hereto as Exhibit "C",
consisting of three (3) pages and incorporated herein by this reference, and the Request,
Authorization and Waiver form, attached hereto as Exhibit "D", consisting of one (1) page and
incorporated herein by this reference, and shall provide to the employee/volunteer of the
Summary of Rights under the Fair Credit Reporting Act (FORA) included as part of Exhibit "C"
The City may provide assistance in completing the background investigation, including
providing information from the completed disclosure form to an outside vendor for a
confidential records check Concessionaire acknowledges that in such event, by
providing such assistance to Concessionaire the City assumes no responsibility for the
timeliness, accuracy or completeness of the background investigation, or for the direct
or indirect consequences resulting from the same, and Concessionaire shall hold the
City harmless for any injury or loss resulting therefrom.
In the event that a background check, or any other information available to the Concessionaire or
the City, raises questions about the trustworthiness, fitness for provision of services under this
information that is more than seven years old, ten years for bankruptcies
Access to your file is limited A CRA may provide information about you only to people with a
need recognized by the FORA -- usually to consider an application with a creditor, insurer,
employer, landlord, or other business
Your consent is required for reports that are provided to employers, or reports that contain
medical information A CRA may not give out information about you to your employer, or
prospective employer, without your written consent A CRA may not report medical information
about you to creditors, insurers, or employers without your permission
You may choose to exclude your name from CRA lists for unsolicited credit and insurance
offers Creditors and insurers may use file information as the basis for sending you unsolicited
offers of credit or insurance Such offers must include a toll -free phone number for you to call if
you want your name and address removed from future lists If you call, you must be kept off the
lists for two years If you request, complete, and return the CRA form provided for this purpose,
you must be taken off the lists indefinitely
You may seek damages from violators If a CRA, a user or (in some cases) a provider of CRA
data, violates the FCRA, you may sue them in state or federal court
The FCRA gives several different federal agencies authority to enforce the FCRA
FOR QUESTIONS OR CONCERNS REGARDING FAIR CREDIT REPORTING CONTACT
CRAs, creditors and others not listed below
Federal Trade Commission
Consumer Response Center - FCRA
Washington, DC 20580 (202) 326-3761
National banks, federal branches/agencies
of foreign banks (word "National" or initials
"N A " appear in or after bank's name)
Office of the Comptroller of the Currency
Compliance Management, Mail Stop 6-6
Washington, DC 20219 (800) 613-6743
Federal Reserve System member banks
(except national banks, and federal
branches/agencies of foreign banks)
Federal Reserve Board
Division of Consumer & Community Affairs
Washington, DC 20551 (202) 452-3693
Federal credit unions (words "Federal Credit
Union" appear in institution's name)
National Credit Union Administration
1775 Duke Street
Alexandria, VA 22314 (703) 518-6360
State -chartered banks that are not members
of the Federal Reserve System
Federal Deposit Insurance Corporation
Division of Compliance & Consumer Affairs
Washington, DC 20429 (800) 934-FDIC
Air, surface, or rail common carriers regulated by
former Civil Aeronautics Board or Interstate
Commerce Commission
Department of Transportation
Office of Financial Management
Washington, DC 20590 (202) 366-1306
Savings associations and federally chartered Activities subject to the Packers and
savings banks (word "Federal" or initials "F S B " Stockyards Act, 1921
appear in federal institution's name) Department of Agriculture
Office of Thrift Supervision Consumer Programs Office of Deputy Administrator - GIPSA
Washington, DC 20552 (800) 842-6929 Washington, DC 20250 (202) 720-705
Exhibit "D"
REQUEST, AUTHORIZATION AND WAIVER
I hereby request and authorize the City of Fort Collins, its officers, employees, and agents
(collectively referred to as the "City"), at anytime within one year of the date of this request, to
provide reference information, whether written or verbal to SALZ07 LLC, concerning my
employment with the City of Fort Collins Such reference information may include, but is not
limited to, my personnel files, objective and subjective evaluations of my employment
performance, attendance records, and any other information of any kind, written or verbal,
concerning my employment with the City of Fort Collins
I hereby fully waive any rights, claims, and damages I have or may have against the City that
may directly or indirectly result from the use, disclosure or release of any information by the
City, whether such information is favorable or unfavorable to me
Signature
Printed Name
Address
Telephone Number
State of Colorado
County of Larimer
Subscribed and sworn to before me this _ day of
, 20_ by
My commission expires 20
SEAL
Notary Public
Date
Exhibit "E"
City of Fort Collins-CLRS
Adaptive Recreation Opportunities
Inclusion Procedures Accommodations for people with disabilities
The City of Fort Collins Recreation Division provides equal and quality recreation opportunities to
all members of the community Individuals of all abilities should have the opportunity to equally
participate in any class of their choice The Adaptive Recreation Opportunities (ARO) program
works with all program areas to ensure that people with disabilities have the necessary
accommodations or support they need to participate in any recreation program at their highest
level of independence
Inclusion Objectives
1 ) To welcome and support individuals with disabilities into any recreation programs, activities or
facilities that the Recreation division has to offer 2 ) To provide the accommodations they need to
participate as fully and independently as possible in the least restrictive environment 3 ) To be
included as a valued member of their class and benefit equally from all the physical, cognitive and
social values that the program offers
Inclusion procedures
The Therapeutic Recreation Specialist (CTRS), in collaboration with other city staff, will make
every reasonable accommodation possible to include individuals with disabilities into recreation
programs and activities
All special accommodation requests will be processed through the CTRS A two -week advance
notice is requested to assure a positive experience Requests are received by checking the
Special Needs box on the registration form, by a direct request from an individual, parent or
provider, or by the class instructor
The CTRS will assess the individual's needs and abilities and then develop an accommodation or
support plan to allow the person to fully participate and equally benefit from the activity This plan
is developed with input from many resources instructors, program coordinators, participants,
physicians or other therapists, family members etc
The CTRS will work with the program coordinator to discuss the needs of the participant to be
included, equipment, and environment to foresee any needed accommodations and answer any
questions they may have
Accommodations may include sign language interpreters, modified equipment or techniques or
1 1 support companions The specific program area in which the participation occurs will pay any
costs associated with accommodation support
Participants may provide their own support companions who will be admitted at no cost to the
activities The CTRS will also arrange sign language interpreters, volunteers, interns, students or
City staff for support City staff members in specific program areas who have the interest,
experience or desire, are encouraged to be trained for on -going support needs
All support companions are trained for individual support by the CTRS
If needed, an ARO staff member will attend the activity with the participant and companion, then
continue communication and support with all parties involved through the duration of the program
Evaluation and follow up will occur after the activity has ended
Questions or more information? Call Renee Lee, CTRS, at 224-6027
Exhibit "F"
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 $500,000 combined single limits for bodily injury
and property damage
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance
ACORD. CERTIFICATE OF LIABILITY INSURANCE GP ID DATE IMNIDDMfYY)
SAI,20-1 l0/10107
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Associates of Estes, HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O Box 4190 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Estes Park CO 80517
Phone• 970-586-4407 Fax 970-586-3370 INSURERS AFFORDING COVERAGE NAIC#
INSURER Nautiius insurance company
INSURER B
SALE 07 LLC INSURERC
Susan Salz
1230 Canvas Back Court INSURER
Fort Collins CO 80525
INSURER E
C•T•17:(:ILTR7$�
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF PNY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO V.MICH THIS CERTIFICATE MAY BE ISSUED OR
MAYPERTAIN THE INSURANCEAFFORDED BYTHE POLICIES DESCRIBEDHEREIN ISSU1KECTTOAIL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR
NS
TYPE OF INSURANCE
POLICY NUMBER
GATE (MMMDIYY)
DATE (MMIDDM)
LIMR9
GENERAL LIABILITY
EACH OCCURRENCE
$ 1000000
A
X
X COMMERCIAL GENERAL LIABILITY
TBD
10/09/07
10/09/08
PREMISES(Ea occurence)
$50000
CLAIMS MADE OCCUR
MED EXP(M, one person)
$5000
PERSONAL B ADV INJI-IRY
$ 1000000
GENERAL AGGREGATE
s2000000
GENL AGGREGATE LIMIT APPLIES PER
PRODUCTS COMP/OP AGG
$2000000
POLICY jECUT LOG
AUTOMOBILE
LIABILITY
My AUTO
COMBINED SINGLE LIMIT
(Ee ecatlenC
$
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCME01iED PUTOS
BODILY INJURY
(Per eccitleri)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(PeraccitleM)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
MY AUTO
$
AUTO ONLY ASS
EXCESSAJMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRIETOR/PARTNEWFXECUTIVE
TORY LIMITS ER
EL EACH ACCIDENT
$
EL DISEASE - EA EMPLOYEE
S
OFFICER/MEMBER EXCLUDED'1
IVEn Oescnbe uMor
SPECIAL PROVISIONS below
EL DISEASE -POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
It is understood and agreed that the certificate holder is named as
additional insured but only as respects to the liability arising out
of the activities of the named insured.
CITYFC2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIW
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRNTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City of Fort Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER ITS AGENTS OR
Eristi
112 E Willow REPRESENTATNES
Fort Collins CO 80524 AU1145AMED REPRESS TATIVF�
PZ•] :$ 17 Y_I I l l-] 11 i G I:I7
Agreement, competence or suitability of any individual for a position of trust of any kind, including
handling of funds, City equipment or property, or working with youths or other members of the
general public, such individual shall not be employed or allowed to volunteer in connection with
the services or activities required or permitted under this Agreement, or in a manner that would
permit contact by that person with the funds, equipment, property associated with the provision of
services hereunder, or persons participating in programs or services provided under this
Agreement
Upon objection from the City concerning trustworthiness, fitness for provision of services under
this Agreement, competence or suitability of any individual for a position of trust of any kind, or
concerning conduct, demeanor or competence of any employee or volunteer of Concessionaire,
the Concessionaire shall immediately take all lawful steps to remove the cause of the objection
or to remove such individual from the performance of any services provided hereunder If the
City so requests, Concessionaire agrees to supply and require its employees to wear suitable
attire and to wear or carry badges or other suitable means of identification, the form for which
shall be subject to prior and continuing approval of the City
44 Physical Interference
Concessionaire shall not do, nor permit to be done, anything which may interfere with the
effectiveness or accessibility of the drainage system, sewerage system, fire protection system,
sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located at
Northside Aztlan Community Center
45 Taxes
Concessionaire agrees to pay all lawful taxes, assessments and payments -in -lieu which, during
the term of this Agreement or any extension hereof become due or which, may become a lien or
which may be levied or charged by the State, County, City of Fort Collins or other tax -levying
body upon or with respect to the Concession Space, upon any taxable interest acquired by the
Concessionaire in this Agreement, or any taxable possessory right which Concessionaire may
have in or to the Concession Space or facilities or the improvements thereon, by reason of
Concessionaire's occupancy thereof, or otherwise, as well as all taxes on taxable property, real
or personal, owned by Concessionaire or taxes on Concessionaire's operations or activities in
or about the Concession Space or elsewhere at Northside Aztlan Community Center (NACC)
Nothing shall prevent Concessionaire from protesting, through due process, any taxes levied
ARTICLE 5 - Term
51 Period
The term of this agreement shall commence on August 28, 2007 and expire on August 28,
2008, unless terminated or cancelled sooner as provided in this Agreement In addition, at the
option of the City, the Agreement may be extended for additional one (1) year periods, not to
exceed four (4) such renewal periods Changes in the Agreement shall be negotiated by and
agreed to by both parties
52 Holding Over
In the event that the Concessionaire, or its successor in interest, if any, shall remain beyond the
term set forth herein, although no right to remain is given by this Article, it is the intention of the
parties and it is hereby agreed that a right of use from month -to -month shall then arise subject
to all provisions and conditions of this Agreement in connection with such right, except that the
City shall have the sole right to determine reasonable fees for any holdover period
ARTICLE 6 - Fees
61 Admission Fee
Concessionaire will charge its patrons a fixed fee ($10 00) for entry into the premises ("admission
fee") Concessionaire will not charge its patrons any fee in addition to the admission fee to
participants in activities of the program Concessionaire will pay the City 20% of the admission
fees The City shall have reasonable access to the books and records of Concessionaire for
purpose of confirming the rental Concessionaire will honor the reduced fee program in place with
the City and charge a reduced admission fee of $5 per participant to those who bring proof of
qualification Concessionaire will pay the City 0% of this reduced fee
62 Time of Payment
The Admission Fee percentage payment to the City by the Concessionaire shall be due and
payable at the end of each evening
63 Interest on Past Due Amounts
Concessionaire shall pay interest on all past due amounts at the rate of eighteen percent (18%)
per annum from the due date, until paid
64 Method of Payment
Payment for all fees under Article 6 shall be by cash, check,
of "City of Fort Collins" and shall be personally delivered
Northside Community Aztlan Center, 112 E Willow, Fort Cc
Kids Nite Outl activity
ARTICLE 7 - Services to be Provided by the City
71 See Exhibit "A", Scope of Services
ARTICLE 8 - Acceptance and Trade Fixtures
81 Acceptance
Concessionaire accepts the Concession Space "as is "
82 Installation of Equipment and Trade Fixtures
or money order payable to the order
to the Cry Representative at the
Ilins, CO 80524 at the end of each
No equipment or trade fixtures and other personal property used by Concessionaire in its
business, whether or not attached to the concession space at Northside Aztlan Community
Center (NACC) or any alterations, additions, or Improvements to the premises thereon, shall be
installed without the prior written approval of the City
83 Removal of Equipment, Trade Fixtures
Concessionaire shall have the right at any time during the term of this Agreement or upon
termination and within thirty (30) days thereafter, to remove all trade fixtures and equipment
subject to any valid lien the City may have thereon for unpaid fees and taxes Any property not
so removed by Concessionaire upon termination shall become a part of the realty on which it is
located and title thereto shall vest in the City
84 Applicable Law
All trade fixtures or equipment installed by Concessionaire pursuant to this Section shall be
subject to and conform in all respects to the applicable statutes, ordinances, building codes,
rules and regulations of all governmental agencies which have jurisdiction over such matters
ARTICLE 9 - Damage to Facilities by Concessionaire
91 Responsibility
Concessionaire shall be liable for and shall repair or cause to be repaired within fifteen (15)
days after occurrence any damage to Northstde Aztlan Community Center (NACC) , including
the Concession Space, caused by Concessionaire, its board members, officers, agents,
employees or anyone acting under its direction and control, ordinary wear and tear excepted If
the damage for which Concessionaire is liable is to the Concession Space, Concessionaire shall
continue to be liable for all fees and taxes owed for the Concession Space, even if it has been
rendered untenantable
92 Notice to City
If while in the possession of Concessionaire, the premises are damaged or destroyed,
Concessionaire will give immediate written notice of the damage or destruction to the City,
including a description of the damage and, as far as known to Concessionaire, the cause of the
damage
ARTICLE 10 - Total or Partial Destruction
101 Concession Space Rendered Untenantable (Except as provided in Article 9 above)
In case, during the term of this Agreement, the Concession Space or any part thereof shall be
destroyed or shall be so damaged by fire or other casualty so as to be rendered untenantable or
unusable, then, in such event, at the option of the City or Concessionaire, the term hereby
created shall cease, and this Agreement shall become null and void from the date of such
damage or destruction, and Concessionaire shall immediately surrender the Concession Space
and its interest therein to the City, provided, however, that the City or Concessionaire shall
exercise such option to so terminate this Agreement by notice, in writing, delivered to the other
party within thirty (30) days after such damage or destruction In the event neither the City nor
Concessionaire shall elect to terminate this Agreement, this Agreement shall continue in full
force and effect, and the City shall repair the Concession Space, equipment, signs and trade
fixtures or other personal property installed by Concessionaire, with all reasonable speed,
placing the same in as good a condition as it was at the time of the damage or destruction and
for that purpose may use the proceeds of any insurance payable on account of such damages
In any event, Concessionaire shall remove all rubbish, debris, merchandise, furniture,
furnishings, equipment and other items of its personal property within five (5) days after request
being made by the City
102 Concession Space Tenantable
If the Concession Space shall be only injured by fire or the elements to such extent so as not to
render the same untenantable and unfit for use and occupancy, the City shall repair the same
with all reasonable speed
103 Exception for Damage Caused by Concessionaire
In the event of damage caused by Concessionaire as addressed in Article 9 of this Agreement,
the provisions of Article 9 shall govern in any conflict between Article 9 and Article 10
104 No Claim by Concessionaire
No compensation or claim shall be made by or allowed to Concessionaire by reason of any
inconvenience or annoyance arising from the necessity of repairing any portion of concession
space at Northside Aztlan Community Center (NACC), however the necessity may occur
ARTICLE 11 - Indemnification and Insurance
11 1 City's Liability
The City shall not in any way be liable for any cost, liability, damage of injury, including cost of
suit and reasonable expenses of legal services, claimed or recovered by any person
whomsoever or whatsoever as a result of any operations, works, acts or omissions performed
by Concessionaire, its agents, employees or concessionaires
11 2 Indemnification
Concessionaire agrees to indemnify and hold the City harmless from all claims, demands,
judgments, costs and expenses, including attorneys' fees, claimed or recovered (whether justly,
unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to or death of any
individual person or persons, or by reason of damage to, destruction or loss of use of any
property, including City's personnel and City's property, directly or indirectly arising out of,
resulting from or occurring in connection with any operations, works, acts or omissions of
Concessionaire As used herein the term "Concessionaire" and "City" includes the respective
directors, officers, agents, employees and concessionaires of Concessionaire and City
11 3 Patent Representation
Concessionaire represents that it is the owner of or is fully authorized to use any and all
services, processes, machines, articles, makes, names or slogans used by it in its operation or
in anyway connected with this Agreement
11 4 Concessionaire Insurance
Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall
provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit "F", consisting of one (1) page,
attached hereto and incorporated herein by this reference The Concessionaire before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P O Box 580, Fort Collins, Colorado 80522 one (1) copy of a Certificate of
Insurance evidencing the coverage required from an insurance company acceptable to the City
11 5 Copyright Compliance
Concessionaire will comply with any copyright laws, to be responsible for obtaining any
necessary licenses and paying any licensing fees, and to indemnify the City from any intellectual
property claims or causes of action arising out of their activities
11 6 Precautions Against Injury
The Concessionaire shall take all necessary precautions in performing the operations hereunder
to prevent injury to persons and property
11 7 Failure to Insure
Failure of Concessionaire to take out and/or maintain, or the taking out and/or maintenance of
any required insurance shall not relieve Concessionaire from any liability under this Agreement,
nor shall the insurance requirements be construed to conflict with the obligations on
Concessionaire concerning indemnification
ARTICLE 12 - No Interest in Real Property
Concessionaire agrees that this Agreement constitutes merely a license to use and occupy the
Concession Space for a limited purpose and does not create or convey to Concessionaire any
interest in real property
ARTICLE 13 - Assignment
The Concessionaire shall not assign this Agreement without prior written consent of the City nor
permit any transfer by operation of law of Concessionaire's interest created hereby, other than
by merger or consolidation
ARTICLE 14 - Right of City to Enter, Inspect and Make Repairs
141 In General
City and their authorized employees, agents, Concessionaires and other representatives shall
have the right (at such times as may be reasonable under the circumstances and with as little
interruption to Concessionaire's operation as is reasonably practicable) to enter upon the part of
the Concession Space for the following purposes
141 1 To inspect such premises at reasonable intervals during regular business hours (or at
any time in case of emergency) to determine whether Concessionaire has complied with and is
complying with the terms and conditions of this Agreement with respect to such premises
1412 To perform or cause to be performed maintenance and make repairs and
replacements
14 1 3 To make structural additions and alterations
14 1 4 For any other lawful purpose
142 Obstruction by City
All entries made for the purposes enumerated above shall, except as otherwise provided in
Article 10, Total or Partial Destruction, be without abatement of rent or damage for
inconvenience However, in the event any entry by City in the Concession Space for the
purpose of making repairs or alterations as provided for in Section 14 1 2 above (other than
repairs necessitated as a result of damage by Concessionaire under Article 9), constitutes a
substantial obstruction to and impairment of Concessionaire's right of use of such Concession
Space, then Concessionaire shall be entitled to a fair and lust abatement of the rent for such
premises during the period required by City to make such repairs
143 Obstruction by Concessionaire
In the event that any personal property of Concessionaire shall obstruct the access of the City,
their officers, employees, agent or Concessionaires, or a utility company furnishing utility service
to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere
with the inspection, maintenance or repair of any such system, Concessionaire shall move such
property, as directed by the City or said utility company, in order that access may be had to the
system or part thereof for inspection, maintenance or repair If Concessionaire shall fail to so
move such property after direction from the City or said utility company to do so, the City or the
utility company may move it without liability for damage sustained in moving
144 No Eviction or Abatement
Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of
the City, shall not be, nor be construed to be, an eviction of Concessionaire, nor be made the
grounds for any abatement of rental nor any claim or demand for damages against the City,
consequential or otherwise, except claims for damages to person or property caused solely by
the negligence of the City
ARTICLE 15 - Default, Rights of Termination
15 1 Default by Concessionaire
Time of payment and performance is of the essence of this Agreemen[ Concessionaire shall
be in default under this Agreement upon the occurrence of any one or more of the following
events
15 1 1 Concessionaire's failure to pay any fee or other charge when due and within ten (10)
working days after notice from City of such nonpayment
15 1 2 Concessionaire's failure to maintain the insurance required above
15 1 3 Concessionaire's assignment of any right hereunder in violation of Article 13
151 4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or
conditions within seven (7) days (or such longer time as may be necessary to cure provided that
cure is commenced within the initial seven [7] days) after notice from the City specifying the
nature of the deficiency with reasonable particularity and the corrective action that is to be taken
within such period to cure the deficiency
15 1 5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an
involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or
substantially all of Concessionaire's assets pursuant to proceedings brought under the
provisions of any federal reorganization act or the appointment of a receiver of all or
substantially all of Concessionaire's assets and the failure of Concessionaire to secure the
return of such assets and/or the dismissal of such proceeding within ninety (90) days after the
filing
151 6 The taking of possession of the Concession Space, or any portion thereof, or all or
substantially all of the assets of Concessionaire by virtue of any attachment, execution or levy of
any judicial process in any action instituted against Concessionaire in any court of competent
jurisdiction and the failure of Concessionaire to secure the release of such attachment,
execution or levy within sixty (60) days from the date of the taking of such possession
15 1 7 The assignment by Concessionaire of its assets for the benefit of creditors
152 City's Remedies on Default
152 1 In the event of a default by Concessionaire, the City may terminate this Agreement by
notice in writing to Concessionaire In the alternative, the City may elect to keep the Agreement
in force and work with Concessionaire to cure the default If this Agreement is terminated,
Concessionaire's liability to City for damages, fees and taxes shall survive the termination, and
the City may re-enter, take possession of the Concession Space and remove any persons or
property by legal action or by self-help with the use of reasonable force and without liability for
damages
1522 Following re-entry or abandonment, City may make arrangements for use of the
Concession Space by others and in that connection may make any suitable alterations or
refurbish the Concession Space, but City shall not be required to make such arrangement for
any use or purpose
153 Rights and Remedies Reserved
It is understood and agreed that any rights and remedies reserved pursuant to this Article are in
addition to any other rights or remedies the City may have pursuant to this Agreement or to
applicable law to seek judicial enforcement, damages or any other lawful remedy
154 City's Right to Cancel
15 4 1 The City shall have the right, at its sole discretion and without cause, to cancel the
Concessionaire use of the premises on any specific date(s) upon written notice to
Concessionaire no later than fifteen (15) days in advance of the date(s) to be canceled The
City may, in its sole discretion and without cause, cancel all remaining dates use under the
provisions of this subparagraph Notwithstanding the fifteen (15) clay notice requirement
above, the City, in its sole discretion, may disallow Concessionaire use of the premises for any
specific date upon less than fifteen (15) days notice if unanticipated circumstances render the
premises unavailable or unusable In such event, the City will provide as much advance notice
to Concessionaire as is practicable in this circumstance
ARTICLE 16 - Miscellaneous Conditions
161 Cumulative Rights
All remedies provided in this Agreement shall be deemed cumulative and additional and not in
lieu of, or exclusive of, each other or of any other remedy available to the City, or
Concessionaire, at law or in equity, and the exercise of any remedy, or the existence herein of
other remedies or indemnities shall not prevent the exercise of any other remedy
162 Non -Waiver
The failure by either party to exercise any right or rights accruing to it by virtue of the breach of
any covenant, condition or agreement herein by the other party shall not operate as a waiver of
the exercise of such right or rights in the event of any subsequent breach by such other party,
nor shall such other party be relieved thereby from its obligations under the terms hereof
163 Non -liability of Individuals
No director, officer, agent or employee of either party hereto shall be charged personally or held
contractually liable by or to the other party under any term or provision of this Agreement or of
any supplement, modification or amendment to this Agreement because of any breach thereof,
or because of its or their execution or attempted execution of the same
164 Use Limitations
Concessionaire shall not use, or permit the use of Northside Aztlan Community Center (NACC),
or any part thereof, for any purpose or use other than those authorized by this Agreement