2008/04/02 Council Agenda Packet

2.6.2 The Concessionaire will complete a background check and a Washington State Patrol check for each employee used by the Concessionaire to perform the Agreement. Concessionaire will not use a person if such person has been convicted of crimes against vulnerable person, such as children, the elderly or the disable; crimes of dishonesty; crimes using or threatening violence including but not limited to, the use, display or threat of a weapon. 2.6.3 An active training program for the development of the necessary skills and techniques to operate a concession must be provided for all Concessionaire employees. These sessions shall stress work performance and also include product and service presentation, cleanliness, employee attitude and the Parks and Recreation Department philosophy and policy. Performance should be indicative of good training. 2.7 Concession Facilities Concessionaire shall be solely responsible for protecting the concession facilities against loss or destruction due to all perils, including but not limited to, theft, vandalism and fire. All maintenance and service performed on City owned structures and stalls shall be performed by employees of the City of Everett only, except for routine cleaning. Concessionaire shall not permanently alter or physically change any part of the premises that it is allowed to operate under this Agreement. Alterations and changes may only be made with the prior written consent from the City. The Concessionaire shall allow the City or such other person as may be designated, access to the premises at all reasonable hours for the purpose of examining and inspecting said premises or for any other purpose. Concessionaire will regularly remove trash from the Location. The Concessionaire shall be responsible for cleaning the area within one hundred (100) feet of its serving area. The City agrees to provide water, sewer and power to the Location, if available. 2.8 Royalty to City Concessionaire shall pay as a royalty the percentages of its gross receipts (before exclusion of sales tax) of the amount per unit sold or other basis as indicated in Exhibit C (the"Royalty"). For the purposes of calculating the Royalty, "gross receipts" shall mean all revenue collected from the Locations, without any deductions or credits. Concessionaire shall submit its Royalty payments and related reports in accordance with the requirements stated in Section 3 this Agreement. If it becomes desirable to add other lines of Products/Services to be vended during the Term of this Agreement, then such Products/Services, prices, and royalty rates thereon shall be negotiated between the Concessionaire and the City. 2.9 Costs of Operation Concessionaire shall have sole responsibility for paying all costs associated with its operations. Concessionaire shall absorb all losses due to theft, burglary, vandalism, or other cause. Page 5 18