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5 <br /> 2.6.2 The Concessionaire will complete a background check and a Washington State Patrol <br /> check for each employee used by the Concessionaire to perform the Agreement. Concessionaire <br /> will not use a person if such person has been convicted of crimes against vulnerable person, such <br /> as children, the elderly or the disable; crimes of dishonesty; crimes using or threatening violence <br /> including but not limited to, the use, display or threat of a weapon. <br /> 2.6.3 An active training program for the development of the necessary skills and techniques to <br /> operate a concession must be provided for all Concessionaire employees. These sessions shall <br /> stress work performance and also include product and service presentation, cleanliness, <br /> employee attitude and the Parks and Recreation Department philosophy and policy. <br /> Performance should be indicative of good training. <br /> 27 Concession Facilities <br /> Concessionaire shall be solely responsible for protecting the concession facilities against loss or <br /> destruction due to all perils, including but not limited to,theft,vandalism and fire. All <br /> maintenance and service performed on City owned structures and stalls shall be performed by <br /> employees of the City of Everett only, except for routine cleaning. Concessionaire shall not <br /> permanently alter or physically change any part of the premises that it is allowed to operate <br /> under this Agreement. Alterations and changes may only be made with the prior written consent <br /> from the City. The Concessionaire shall allow the City or such other person as may be <br /> designated, access to the premises at all reasonable hours for the purpose of examining and <br /> inspecting said premises or for any other purpose. Concessionaire will regularly remove trash <br /> from the Location. The Concessionaire shall be responsible for cleaning the area within one <br /> hundred (100) feet of its serving area. The City agrees to provide water, sewer and power to the <br /> Location, if available. <br /> 2.8 Royalty to City <br /> Concessionaire shall pay as a royalty.the percentages of its gross receipts (before exclusion of <br /> sales tax) of the amount per unit sold or other basis as indicated in Exhibit D (the "Royalty"). For <br /> the purposes of calculating the Royalty, "gross receipts" shall mean all revenue collected from <br /> the Locations,without any deductions or credits. Concessionaire shall submit its Royalty <br /> payments and related reports in accordance with the requirements stated in Section 3 this <br /> Agreement. If it becomes desirable to add other lines of Products/Services to be vended during <br /> the Term of this Agreement, then such Products/Services,prices, and royalty rates thereon shall <br /> be negotiated between the Concessionaire and the City. <br /> 29 Costs of Operation <br /> Concessionaire shall have sole responsibility for paying all costs associated with its operations. <br /> Concessionaire shall absorb all losses due to theft,burglary,vandalism, or other cause. <br /> 2.7 Signs <br /> Concessionaire will not post signs or posters at Locations or engage in any marketing or <br /> promotional activity without the City's written permission,which may be denied in the City's <br /> sole discretion. <br /> Page 3 <br /> • <br /> 18 <br />