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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