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5 <br /> CITY OF EVERETT <br /> CONCESSION AGREEMENT <br /> THIS AGREEMENT made and entered into on this day of April, 2008, by and between <br /> the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the "City," and Jumpin' Jack's, 2134 34th Ave W, Seattle WA 98199, <br /> hereinafter referred to as the "Concessionaire." <br /> 1. Background <br /> 1.1 The City desires to engage Concessionaire to provide mobile concessions at the park <br /> location(s) described in Exhibit A ("Locations"). <br /> 1.2 Concessionaire represented, and by entering into this Agreement now represents, that it is <br /> fully qualified to provide concession services at such Locations. <br /> 2. RESPONSIBILITIES <br /> 2.1 Concession Services <br /> 2.1.2 Concessionaire shall sell those products and food items and provide those services as <br /> mutually agreed upon at the locations between the dates stated in Exhibit A for each Location. <br /> Concessionaire may only do business where designated by the City at the Location approved by <br /> the City. The City may designate the specific spot within a Location that Concessionaire may <br /> operate and may change such spots with reasonable notice. Concessionaire shall conduct all its <br /> operations in conformity with all applicable federal and state laws, rules and regulations, local <br /> ordinances, and City policies, rules and regulations relating to concessions and to the Locations. <br /> Concessionaire shall not install or vend from vending machines. <br /> 2.1.3 This concession is not exclusive; the City reserves the right to allow other vendors to sell <br /> products and services at the Locations. The City may schedule special events, including sporting <br /> events and tournaments at the Locations. The City reserves the right to grant additional <br /> concessions. A designated representative from the City of Everett Parks and Recreation <br /> Department will coordinate special events and liaison with the Concessionaire. <br /> 2.1.4 Concessionaire may not advertise any product or service it does not sell or offer at a <br /> Location. <br /> 2.2 Customer Service <br /> Concessionaire acknowledges that providing high quality and effective customer service is of <br /> paramount importance and agrees to comply with this standard. The City expects customers to <br /> be treated with courtesy, dignity and respect. Concessionaire agrees to inform the Parks and <br /> Recreation Department designated representative of any problems with customer service or <br /> customer complaints. <br /> 6 <br /> 3 <br />