Attachment_A_concessionaire_contract_format.pdf

Attachment A

CONCESSIONAIRE AGREEMENT

Contract No._____________

SECTION I.

That:

1. This Concessionaire contract by and between the National Science Foundation hereinafter referred to as the NSF, and__________________________, hereinafter referred to as the Concessionaire, is for the Concessionaire to provide ___________________to authorized patrons at assigned space at _____________________________________________ for a period of (___) days (___) months, beginning __________and ending _____________. The hours of operations of this concession will be the same as those of the NAFI where the Concessionaire has been assigned space or as specified in writing by the Contracting Officer. The NSF will furnish for use of the Concessionaire the following described items:

2. There is no rent or commission payment required for use of this space. The NSF will not seek rent, commission or fees during the period of performance under the subject agreement.

SECTION II. The Concessionaire shall:

1. Provide services of a quality.

2. Before beginning performance under this agreement, the Concessionaire will submit a listing of items, with corresponding selling prices, to the Contracting Officer for approval or disapproval action. The final approved listing is considered as part of this agreement. Place the price list in a conspicuous spot for patrons to see.

3. At Concessionaire’s expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, prefectural, and national laws, rules, ordinances applicable to the business carried on under this agreement and assume complete and sole liability for all federal, state, and local taxes applicable to the property, income, and transactions of the concession.

4. Comply with all applicable laws pertaining to wages, worker’s compensation, equal opportunity, Service Contract Act.

5. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the satisfaction of the NSF facility managers.

6. Employ only persons who meet the health standards prescribed by law or regulations which pertain to the jobs for which they are hired.

7. Furnish a sufficient number of trained employees for the efficient performance of this Concessionaire contract. Concession personnel must meet the health and security standards prescribed by applicable regulations. Concession personnel must give prompt and courteous treatment to authorized customers.

Concession personnel must be neatly dressed and meticulous in their personal grooming at all times.

Concessionaire provides employees clean uniforms or, when uniforms are not required, ensures that all clothing worn by employees is clean and in good condition at all times. A nameplate must be worn.

8. Remove from employment in the concession, on the request of the COR, any servant, agent, or employee of the Concessionaire if, in the opinion of the COR or his or her duly authorized representative, the conduct of such person, while in and about the premises covered by this contract interferes with proper services or discipline.

9. Obtain insurance for all non-Government property and merchandise used by the Concessionaire in the operation of the concession against theft, fire, storm, flood, and damage, or destruction through any other force of nature; or in lieu thereof, to relieve the NSF from any liability arising from such theft, loss, dam-age, or destruction. The Concessionaire must have liability insurance commensurate with the risks involved, and furnish proof of such to the Contracting Officer.

10. Not leave cash on the premises after normal business hours.

SECTION III.

Concessionaire will not:

1. Sell or remove any property which is owned by the NSF or any other part of the Federal Government and is used in the operation of the concession.

2. Engage in or permit gambling or possession or use of any gambling device on the concession premises.

3. Sell, deal in, or otherwise possess or transfer, on the concession premises, any form of intoxicating liquors.

4. Sell merchandise or services for anything other than US currency, unless authorized in writing by the Contracting Officer.

5. Sell merchandise or services on credit.

6. Give or offer to any officer or employee of the NSF or any other part of the Federal Government, any gift, privilege, special benefit, discount, or anything else of material or personal nature whereby the individual or employee would receive preferential treatment.

SECTION IV:

That:

1. This contract, unless sooner terminated as herein provided, may be extended for additional periods, each of which may not exceed (__) days (__) months by mutual agreement of the parties in writing, subject to approval in the same manner as this instrument. In no event will the period of performance exceed ____ years.

2. This contract is automatically terminated in the event the NSF is dissolved.

SPECIAL PROVISIONS

(CONCESSIONAIRE CONTRACT)

1. Additional Definitions. The terms Concessionaire and Contractor are used synonymously and mean the individual, partnership, corporation, or other entity which is a party to this contract and who is responsible for all actions and applicable regulations and performance thereunder.

2. Termination: Notwithstanding the clause titled "Termination for Convenience" of the General Provisions relative to termination of this Concessionaire contract, it is mutually agreed that this Concessionaire contract may be terminated in whole or in part by either party:

a. Immediately on written notice to the other party in the event of breach of this Concessionaire contract by the other party.

b. On 30-day notice in writing to the other party. No liability ensues to either party for terminations rendered pursuant to this subparagraph b.

3. Customer Complaints, Claims, and Refunds. All customer complaints, claims, and refunds will be resolved and made at Concessionaire’s expense. Any disagreement that cannot be resolved between Concessionaire and the customer will be referred to the Contacting Officer, whose decision will be final and not subject to the Disputes clause. If Concessionaire fails to timely process complaints or claims and make refunds, NSF may settle customer complaints or claims and make such refunds, and charge the Concessionaire’s account.

4. Taxes:

Concessionaire assumes complete and sole liability for all Federal, State, host country, and local taxes applicable to the property, income, and transactions of the Concessionaire, and where required by applicable laws and regulations, will collect and remit to the State applicable sales taxes. Sales taxes which have been collected are excluded from the computation of gross receipts in the determination of the fee payable to NAFI. The amount of taxes excluded will not exceed the actual sum payable to the State.

Where required by State law or regulation, the Concessionaire will obtain and conspicuously display the State sales tax permit.