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HomeMy WebLinkAboutCOLORADO CARRIAGE & WAGON - CONTRACT - RFP - 7230 DOWNTOWN CONCESSIONAIRESDOWNTOWN CONCESSION AGREEMENT THIS AGREEMENT is made and entered into this 6th day of June, 2011, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and COLORADO CARRIAGE & WAGON (Concessionaire). WITNESSETH WHEREAS, the City Council passed Ordinance No. 36, 1994, establishing the Downtown Plan Area as a concession area for the sale of goods and services from outdoor locations; and WHEREAS, the City has established various concession locations in the Downtown Plan Area; and WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts from the City a concession for horse drawn carriage and wagon rides outdoor vending at: Site # 12 = Loading Zone, Mountain Avenue entrance to Old Town Square. For day and night use. NOW THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the parties agree as follows: Section 1. Contract Documents The contract documents consist of this Agreement and Exhibits A & B incorporated herein by this reference. These form the contract, and are incorporated herein by this reference. Section 2. Terms of the Agreement A. This Agreement shall be effective from the date of the Agreement as entered above, until May 31, 2012, unless sooner terminated as herein provided. The City may, at its option, renew the Agreement for additional one (1) year terms, to a maximum of four (4) additional one year terms. B. In the event that the concession location can not be used because of improvements being made at the concession location, this Agreement may be suspended on 30 days notice to the Concessionaire. The suspension shall continue until the improvements are completed or it is determined that the location can no longer be used as a concession site. The City will use a good faith effort to relocate the concession site if needed. 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 1 of 12 EXHIBIT "A" SITE MAP Vl S MASON ST O +N MASON ST i � m I Y F i y ^4bz `� )it ;fc�""fie• N'i'i +Ergs ��i,h � ° ����� s� ;F� S COLLEGE AVE NCOLLEGE AVE •r. p�f O N It O _ WN TTON PH W. COURTIALY f�i',l ,11 REMINGTONST i�) ,r� u[' _N i � s D S,Yy dT ^) x yik'5�.i'r'�[«^ a� N �ti��. Ali FM I ,,.. ' wy'P NF yIf, FN a MEMO #O ¢I MATHEWSSI ti < 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 10 of 12 EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated -hereinafter and pay all costs. Before commencing work -under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 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. 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 11 of 12 EXHIBIT "C" AFFIDAVIT PURSUANT TO CR.S. 24-76.5-103 I,> Y11CP , swear or affirm under penalty of perjury under the laws of the State of.Colorado-that (check one): - -- - -- - - - - -- - - - -. I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signa r Da4 INT -RNAL USE ONLY Valid forms of identification 7---current Colorado driver's license, minor driver's license, probationary driver's license, commercial drivers license, restricted driver's license, instruction permit 7--current Colorado identification card T--- U.S. military card or dependent identification card p--- U.S. coast guard merchant mariner card 7---Native American tribal document The following forms of identification may be accepted through February 28, 2007* T --- original birth certificate from any state of the United States 7--certificate verifying naturalized status by U.S. with photo and raised seal 7---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport ?--order of adoption by a U.S. court with seal of certification q --- valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, Hl, IL, MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI T --- valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired Resident Alien card, Permanent Resident card or Employment Authorization card *A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's license. Contact your department director. 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 12 of 12 1%l CERTIFICATE OF LIABILITY INSURANCE `/ U6 (MMID011 06/15/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: JOHN C. BECKETT 6 ASSOCIATES, INC. _ jAI, No Eat): (970) 484-2805 IRR Nq). (9?q 484-288$ ADDRESS: tim@beckettinsurance.com 220 Smith Street -CUSTOMER Colorado Carriage 6 Wagon CUSTOMER ID a. on g g INSURER(S) AFFORDING COVERAGE NAICM Ft. Collins CO 80524— INSURED INSURER A :NAUTILUS INSURANCE COMPANY Colorado Carriage S Wagon INSURER B 410 Franklin St. INSURER c INSURER D INSURER E Fort Collins CO B0521— JINSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SOB POUCY EFFTPOUCY EXP LTR TYPE OF INSURANCE OVERYNO POLICY NUMBER IMMIDON"YI IMMI°°/YYYV) OMITS A GENERAL NABIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR NN0709136 1/03/2011 / / O1/03/2012 / / EACH OCCURRENCE DAMAGE TO RENTED PREMISES(Ea—nance) $ 1,000,000 $ 100,000 MED EXP (Any me person) $ 5, 000 PERSONAL 8 AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: / / / / PRODUCTS-COMP/OP AGG $ INCLUDED j�GEENT X POLICY PRO - IFCT AUTOMOBILE AUTOMOBILE LIABILITY A NO COVERAGE / / / / COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) 8 ALL AUTO OVnNED AUTOS BODICE INJURY (Per accitlent) $ SCHEDULED AUTOS HIRED AUTOS / / / / / / / / PROPERTY DAMAGE IF. accident) $ NON-OKMED AUTOS / / / / $ UMBRELIA LIAR OCCUR NO COVERAGE / / / / EACH OCCURRENCE $ CESS LIAB CLAIMS -MADE AGGREGATE I s Ill__ DEDUCTIBLE / / / / r$ RETENTION $ / / / / j $ WORKERS cOMPEnsan°x AND EMPLOYERS' NATION ANY PROPRIETORIPAATNERAE ECUTIVE Y/N OFFICERMEMBER EXCLUDED? ❑ IMandatory in NH) H es, describe under DESCRIPTION OF OPERATIONS below NIA NO COVERAGE / / / / / / / / / / VvG STATU- IOTH- TDRY LIMB$ ER $ E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE$ E.L. DISEASE -POLICY LIMIT $ NO COVERAGE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace is required) CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY. Attn: Kayla Ballard City of Fort Collins P.O. BOX 580 Fort Collins ACORD 25 (970) 416-2209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CO 80522— © 1988-2009 ACORD CORPORATION. All riahts re4:nr pld IIYJVap (L..) I Its, mX vmu name ana logo are regtsrerea marKS Or AGUKU Section 3. Concession Operations The City hereby grants Concessionaire a concession for the non-exclusive use of the property described as: Site # 12 — Loading Zone, Mountain Avenue entrance to Old Town Square concession site (per Exhibit A), for day and night outdoor vending of carriage rides in the downtown area. The Concessionaire shall have the right to operate an outdoor vending concession within this area in accordance with the agreement. The Agreement allows concessionaire to park in the loading zone area to pick up and deliver passengers, and wait for fares during designated hours of operation per Section 3N. The loading zone area is a public Right -Of -Way (ROW) and must be accessible to other vehicles (personal, commercial, and emergency). A. Independent Contractor: The services to be performed by the Concessionaire are those of an independent contractor and not as an employee of the City. The City shall not be responsible for withholding any portion of Concessionaire's compensation hereunder for the payment of FICA, Worker's Compensation or otherwise. B. Records: The Concessionaire shall keep adequate and proper business records of all expenses and receipts of the concession operations. At the request of the City, all such business records shall be made open and available for inspection and audit by the City of Fort Collins Treasury Division. C. Monetary Provision: The Concessionaire agrees to pay the City an amount equal to One Hundred and Twenty Dollars ($120.00) per year, plus zero (0) percent of gross receipts from the concession operations conducted pursuant to this Agreement. Gross receipts shall include all revenues, excluding sales tax received by the concessionaire from concession operations. All such gross receipt payments shall be paid to the City on the same day that sales and use tax payments are due. However, the payments for the concessions must be submitted separately. The $120 annual fee is due prior to the initial term or June 1 s` for any renewal term. D. Licenses: The Concessionaire shall obtain and pay for all licenses needed for the operation of the concession including, but not necessarily limited to, a PUC license if required, and City and State sales tax licenses. Any such licenses held specifically by the Concessionaire in connection with this Agreement shall be surrendered by the Concessionaire at the time of termination of this Agreement. E. Laws, Rules & Regulations: The operation of the concession granted under this Agreement shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable rules and regulations adopted by the City or any of its Boards or Departments. 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 2 of 12 F. Insurance/ Indemnity: The Concessionaire shall indemnify, save and hold harmless the City from all claims and losses, including costs and reasonable attorney's fees arising directly or indirectly out of the Concessionaire's use of the concession area or operation of the concession. The Concessionaire shall maintain commercial liability insurance in the amount of-$500,000 combined single limits naming the -City as an - additional insured under this Agreement of the type and with the limits specified within Exhibit "B". The Concessionaire before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P.O. Box 580, Fort Collins, CO 80522, one (1) copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. G. Signage: All signs on the concession carriage and wagon must be approved by the City. Any changes to signage displayed in or on the carriage and wagon must be approved by City staff. H. Carriage/Wagon: The design and appearance of the carriage and wagon must conform to the specifications described in Concessionaire's proposal, unless otherwise agreed to in writing by the parties before it may be used at the concession area. The City reserves the right to approve any modifications, changes, or alternative carriage or wagon. The carriage and wagon are subject to inspection by City and must be maintained and repaired to the City's satisfaction. The carriage or wagon must be removed from the right- of-way when not in use. I. Restrictions: Equipment such as tables, chairs, benches and displays may not be used except for items & equipment authorized, in writing, by the City Representative. Carriage or wagon must be located within approved site and cannot impede pedestrian and/or traffic Flow. J. Cleanliness: Concessionaire shall supply a trash receptacle in carriage or wagon and keep the concession area clean of all patron related trash within 100 foot radius of site. K. Sales Tax Returns: All sales tax returns and concessionaire payments to the City associated with the concession operation must be filed by their due date. No assessment fees, penalties or interest will be waived by the City. L. Power Source: If the Concessionaire needs electrical power the Concessionaire must provide for such power through the City Light & Power Department at the Concessionaire's expense. Arrangements to supply power to the concession area must be reviewed with the appropriate City departments. Portable generators will not be 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 3 of 12 permitted due to concerns regarding compatibility and noise. N. Hours: The Concessionaire must keep the concession area open for business as directed by the City. Days of operation shall be agreed to by both parties and the minimum hours of operation must be maintained. Minimum hours are: -Monday-Friday between 5:OOp.m. and 9:OOp.m. on a seasonal basis. Saturday -Sunday between 12:OOp.m. and 9:OOp.m. on a seasonal basis. Concessionaire is not required to operate on national holidays or holidays recognized by the City where City offices (except for emergency services offices) are closed. O. Inclement Weather: The Concessionaire shall not be required to operate the concession when it is raining, snowing, hailing, and abnormally windy or when the air temperature is below 50 degrees Fahrenheit. P. Services. The services authorized are as described in Concessionaire's proposal and agreed to by the City. The City will not pre -authorize new services but does reserve the right to review any new services that may be added. This is to ensure that the new services meet the same quality as those proposed in the original Proposal. Q. Blackout Dates. Concessionaire will not be allowed to operate in granted site during the following special events in the downtown area: Old Town Car Show, Colorado Brewers Festival and New West Fest. Dates for 2011 are June 25th, June 26th, August 12th, August 13th, August 14th, and September 10th. Contact the Downtown Business Association (DBA) at (970) 484-6500 to receive an application for a site at these events, and event dates for subsequent years of this contract. The DBA will work with concessionaires regarding the location of the site and a discounted booth rate. Section 4. General Conditions A. The Concessionaire shall neither assign any of the rights nor delegate any of the duties under the provisions of this Agreement without having first obtained the written permission of the City. The Concessionaire shall not sublet any portion of the concession area or allow any other person to take possession of any portion of the concession areas without the written consent of the City. B. Vacant sites resulting from either no -bid or termination may be filled at anytime for the duration of the current one (1) year period. Responsible parties will be awarded vacant sites as acceptable proposals are received. The city may, at its option, renew the Agreement for the formerly vacant sites for additional one (1) year periods not to exceed the balance of the four (4) additional periods remaining for this Agreement. 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 4 of 12 C. This Agreement may not be enlarged, modified or altered except in writing, signed by the parties as an amendment hereto. D. No waiver of any breach of this Agreement shall be held or construed to be a - - -waiver of any subsequent breach thereof. E. It is expressly understood and agreed by and between the parties hereto that in the performance of the terms and conditions of this Agreement, time is of the essence. F. The location assigned is not transferable to another vendor or concessionaire. G. Fixtures and Improvements: 1. The Concessionaire agrees that all auxiliary equipment needed to operate the Concession shall be installed at its expense. Prior to making any and all improvements on said premises, the Concessionaire agrees to obtain the approval of the appropriate City Department and shall supervise the construction of said improvements. 2. Upon the termination of this Agreement the Concessionaire shall remove any fixtures or improvements made by it to the concession area. However, the concession area must be restored to as good a condition as the premises were in at the time the Concessionaire took possession thereof. H. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. I. If either party must resort to legal action to enforce the terms of this Agreement, the prevailing party shall be awarded its costs and reasonable attorney's fees J. Any notice required or desired to be given under this Agreement will be considered delivered to the other parry upon hand delivery or upon its deposit in the United States mail, postage prepaid, sent by registered mail, addressed to the other party at the following address: City: Concessionaire: City of Fort Collins Colorado Carriage & Wagon Purchasing Division Attn: Tammy Jo Rice P.O. Box 580 410 Franklin Street Fort Collins, CO 80522 Fort Collins, CO 80521 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 5 of 12 K. Notwithstanding the time periods contained herein, either party may terminate this Agreement at any time without cause by providing written notice of termination to the other party. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the above address. - - - - - L. 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 verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 6 of 12 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 knowledgethatthe 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. Section 5. Default A. The Concessionaire shall be in default under the terms and conditions of this Agreement, if the Concessionaire fails to cure the default within ten (10) days after written notice setting forth the nature of the default is delivered to the Concessionaire. B. In the event the default is not timely cured, the City may elect to (a) terminate this Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance or (c) avail itself of any other remedy at law or equity. 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 7 of 12 Section 6. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17. 5-101, C.R.S., et. seq., Service Provider represents and agrees that: A. As of the date of this Agreement: - 1. -- Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. B. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. D. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. E. Service Provider shall comply with any reasonable request by the Colorado 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 8 of 12 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.RS. F. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection-8-17.5-102, C.RS.-the City may terminate -this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.RS. G. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Section 6. Special Provisions. A. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" Affidavit Pursuant to C.RS. 24-76. 5-103, consisting of one (1) page, attached hereto and incorporated herein by this reference. This is for unincorporated concessionaires. City: Concessionaire: Colorado Carriage & Wagon By: / B l� J James . %'Neill Il, CPPO, FNIGP Director urchasing and Risk Management Print Name: Date: Title:rw Date: U -) S- )1 7230 Downtown Concessionaires Agreement with Colorado Carriage & Wagon Page 9 of 12