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AG 10-057RETURN TO: 1/�1��/Y) �/ I.-��GL.� 1�-'� EXT: Z� U, CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: 2. ORIGINATING STAFF PERSON: ,��V 1� GI*WI oY1 j EXT: (�Q � 7 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG O REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION � CONTRACT AMENDMENT (AG#): � o- 0 57 ❑ INTERLOCAL ❑O�R 5. PROJECTNAME: ('n►��eSSiov�S Su�1'\r�LGS � C;r��loro.�in�� Po.rk 6. NAMEOFCONTRACTOR: T.l�►_ 2e.5�o.vro.v►�S L1�G ADDxESS: I 8 0o S. 3 Zo+� �1n� a A o 0 3 TEr.�xxolvE: 7 5�- R 3 q� 4 ZD o E-Mail.: F,�x: SIGNATURE NAME: � 1 i vv� QD S 5 Trrr.,E: o� n� r 7. EXHIBITSANDATTACHMENTS:�SCOPE,WORKORSERVICES I�COMPENSATION ❑ INSURANCEREQUIItEMENTS/CERTIFICATE ❑ Ai.i. OTHER REFERENCED EXIiIBTTS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIItED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXI'. 12/31/ UBI # Gsb2l�4� Z'� �i , EXP. �/�/�J j�'{' H. TERM: COMMENCEMENT DATE: 4I' �' ( 9S COMPLETION DATE: .3 I S I I I� 9. TOTAL COMPENSATION: $ �j� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLAYEES TTTLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: V C V►dor � �T�i � 4 10. DOCUMENT / CONTRACT REVIEW I IAL / DATE REVIE ED INITIAL / DATE APPROVED �PROJECT MANAGER L�1L .1��� /? �DIItECTOx IN���OI'J Qi' i PLICABLE� �LnwDEpr �� I�I.S �� �' • ' 3 � o•T- 11. COUNCILAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CO�RACT SIGNATURE ROUTING SENTTO VENDOR/CONTRACTOR DATE SENT: � I(`I 3 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ���1� INITIAL / DATE SIGNED Lnw DErr . �- �3 SIGNATORY (A4�9ROR IRECTOR� � I �p�3 �,� L3 CrrYCLEiuc ��1�p1 � S'1'\�J ASSIGNEDAG AG# 1�'OS�1 R� SIGNED COPY RETURNED DATE SENT: �'�' ��I COUNCII, APPROVAL DATE: DATE REC'D: ?j � l3 11/9 � c�rr aF , ',�,,,�. Federal Way AMENDMENT NO. 2 TO CONCESSIONAIRE AGREEMENT FOR CONCESSIONS SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www citysofiederahNay. com This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T.G. Restaurants LLC, a Washington State business" ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for concessions services at Celebration Park ("Agreement") dated effective April 1 St, 2010: as amended by Amendment No. 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Secrion 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than March 31 St, 2014 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. T'he provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1 /2010 « .R � .b ,r� � CITY HA�L 33325 $th Avenu2 Sc�uth Federat Way, W� 98€703-632� (2v3} $35-700€} wvrw eifyoffecisrAt�s��y. corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: , ,/ v ! Cary M. Roe, P.E., rector of Parks, Public Works & Emergency Management DATE: � � �--3 T.G. RESTAURANTS, LLC. Printed e: � �����,x�r � Title: ��,�� I��` 1�.�� DATE: � 1 STATE OF WASHINGTON ) ) ss. COUNTY OF � ATTEST: City Clerk, Carol Mc eilly, CM APP OVED AS TO FORM: City Atto , Patricia A Richardson / On this day personally appeared before me 5 , to me known to be the �Nr�IQt of �vr L that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal �xed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this �, � day of �'� �� , 201� Notary �'��t��� � State of W�sh����Pp JASON D L�?PE� MY COMMIS810�1 ��REg qAUpWWt �11, Z014 's signature 's printed name Not P blic m and fo e State of Was 'n on. My commission expires !g � �}- AMENDMENT - 2 - 1 /2010 Corporations: Registration Detail Contact Us I Connect: � �;� � Corporations and Charities Division Page 1 of 2 SEARCH i Corporations Home ! Nonprofit Home ' Charities Home Awards ' Public Notices Contact Info . _ ___ _ _ _ __ __ _ _ _... Corporation Detail Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System dces so at his or her own risk. All documents filed with the Corporations Division are considered public record. T.G. RESTAURANTS LLC UBI Number 602oo42T7 Category LLC Active/Inactive Active State Of Incorporation WA WA Filing Date oi/o6/2000 Expiration Date oi/3i/aoi4 Inactive Date Duration Perpetual Registered Agent Information Agent Name PATRICK KNUTSON Address i800 S 32oTH CiTy FEDERAL WAY State WA ZIP 98003 Special Address Informadon Address City State Zip Governing Persons Title Name Manager Member KNUTSON , PATRICK ROSS JR , JAiVIES Purchase Documents for this Corporation » « Return to Search List Address OLYMPIA , WA FEDERAL WAY , WA http://www.sos.wa.gov/corps/search_detail.aspx?ubi=602004277 4/5/2013 �TU� To: ;�1�.� ►� l.� p� �-� � EXT: 7�� � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DN: � �ZG S 2. ORIGINATING STAFF PERSON: Do�v i c� C 1 e w1 o In 5 EXT: 6 q 3 7 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION �CONTRACTAMENDMENT(AG#): I �U�� ❑ INTERLOCAL ❑ OTHER �YY���II��)�/-��-I � I 5. PROJECTNAME: Gpht�S5�oN5 ��rv;��� : Geleloro. Par([- 6. 7 NAME OF CONTRACTOR: T Vl . R e 5� o.v v o�v��.5 -(?a i I�y 1Mc 1 E S ADDRESS: l$00 Li �20�" �'� dr_ro,1 lr�av Gt S�O TELEPHONE 2.$3 g3�( _ t�Z00 E-MAIL: I QoSS tq 6q � 0.0L. Gow� F�� SIGNATURE NAME: J� w► Q.o 55 TITLE O�,., nG� Y1etc�s �o b�° v�pda.�-ed EXHIBITS AND ATTACHMENTS:� SCOPE WORK OR SERVICES ❑ COMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: _('��� � �� Z D l� COMPLETION DATE: Y1(� rw�� (� .3 ( ZO I 9. TOTAL COMPENSATION $ ( D �a M O 1(l �'In � u A Y'0 S S (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SC U OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: V v�� oY � 10. OCUMENT/CONTRACT REVIEW PROJECT MANAGER DIRECTOR RISK MANAGEMENT (iF aPrLicaBLE) LAW 11. OUNCILAPPROVAL (iF arPLicasLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED �► � � � COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. C9NTRACT SIGNATURE ROUTING �SENT TO VENDOR/CONTRACTOR DATE SENT: o DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, L CENSES, EXHIBITS � LAW DEPARTMENT � I � 1� � SIGNATORY (MAYOR �) �� ��� � CITY CLERK � ASSIGNED AG# SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED � � L� - � ; a�f _� _ AG# _. } �..� !t DATE SENT: ��'��-� � 11/9 To: Mayor Priest From: David Clemons (PRCS) Date: 5/12/11 Re: Amendment to Celebration Park Concessionaire Agreement Dear Mayor Priest, This is a first amendment to the original concessionaire agreement for concession services at Celebration Park. The agreement is befinreen the City and TG Restaurants (Billy McHale's Restaurant) owned and operated by Jim Ross. Jim has a long standing relationship providing concession services for the City and we have been very pleased with his services and products. We would like to extend his agreement by two years. Please, upon your approval, sign and date the amendment and return to David Clemons at the Federal Way Community Center. Sincerely, David Clemons � UTY OF '�,,�..�., Federal CITY HALL ��� 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Skip Priest, ayor DATE: � /� 7� I / T. G. RESTAURANTS, LLC. �� Printed ame: � l � Title: �� � DATE: � � STATE OF WASHiNGTON ) � ) ss. COUl)TTY OF ATTEST: , ity Clerk, Carol Mc eilly, C C APP OVED AS O FORM: �� City Atto y, Patricia A Richardson On this day personally appeared before me � Q� S , to me known to be the (�� �p of .� l�l.� that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this � day of � , 20 . 9�� � '°'°� . „,,�,� � /, �.`�<' � �:;���c�� �� Notary� s signature � �f �. �� ,�,�, _ �. Notary s printcd namc � U C '` ' Notary Public in and for the State of Washi on � . � : �� A �%y1��C+ ; � M .. � ' , :; � , My commission expires 0 '^;: :a � �.���` OF �W P5 �e' r ��ef��o��e��� AMENDMENT - 2 - 1 /2010 � GTY OF CITY HALL �, Federal 1111ay 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityofl`ederafway. com AMENDMENT NO. 1 TO CONCESSIONAIRE AGREEMENT FOR CONCESSIONS SERVICES: CELEBRATION PARK This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T.G. Restaurants LLC, a Washington state business ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for concessions services at Celebration Park ("Agreement") dated effective April 1, 2010; as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than March 31, 2013 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they axe authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2010 CERTIFICATE OF LIABILITY INSURANCE OPIn TB C�RTIPICA'f� I�OE9 NOT AFFIRMATINELY OPt N�GqTlVELY AMBND, �X7�ND pR ALTER TH8 COVERAGE AFFORD@D BY THE POLICIEB BELOW. THIS CQRTINICAT� OP INSURANCE DpQS NOT CON9TITUTE A CON7'RACT �ETWEEN 1'HE lSSUING 1N9URQR(S)� AUTHORI��D RBpRESBN'fAY1VE OR PROGIIGER, AND 7HL CE�7IFICATE HQ�,pElt, a a� c o er en , r po y s mua en ora . , su to tne t�rma and c�ndltlon6 of tlte poucy, aortaln pollclea mey requlre en andorsemen�. A atab�ment on thFa certltieat. does not ao�e� �tghts bo fhe Hgi�co� Zns�ranoe 2aa. " e�a 8746 A�Fy Ave 1Qi� 6uite 2 Seattiie �A 96117 c�,aTOn„e i �; az Phor�e:206�783 E'ax:206-783-4408 iN �NBURED �neuRER A7 eorch T Rsa � ur�nt , LLC ip �� p � e: �a�dera���ay������� wau�x a o weua�au: MSUReR E : Co. # COVEtiAGL3 CLRTI�ICqT� NUM6�R: R@VI910N NUMBER: 7HI IB Tp pERrIFY THAT THE PaIJCle9 OF iNSURANC� LISTEO 8 W NAVE BEEN ISSUED TO THE IPfAURED ED ABOVE FQq'YHE p �y p�qp INbIGA7ED. NPnM71iSTANDING ANY REpUIREM�NS', TERM OR CONdTION oF ANY CONTRACT OR OTHER ppCUMENT W1TH RESF+ECT Tp WHICH THI9 CERYIFlCnTE MAY �E IgBUED OR MAY P�R7AIN, TrtE iNBURANCE AFFORDEo ev 7HE PO�ICIBS DEBCRIBE� H��IN IS SUB,�CT 7o ALL rnE 7ERM8, 2XCLUSIONB AN� CONOITIONS OP SUCH POIJGEB. LIMITS SI10WN MAY HnVE 6EEN R�OUCED BY PAID CLAIM9. 1YP� OP INBURANCB INSR Wv PO�Y NUMB�R l ! W�pTS ° �"�' w �"' m EACHOCCUIIRENCE s 1000000 A X COMMeRC1Al.GENERALLIA6lLITY Cp6 ��8 20d 09/04/10 b9/Oi/i� ppEMIS�S �aoxurta�c9) 8 50000 CUUMS�MADE � oCCUR MBDEXPI�yonapempn) i 5��0 P�asow►�an�VINdU►�r 5 �.00OQ00 3� X L7.qup� L18b fsENERA�-AGGRRGATE 5 2000000 GLN'LAGGREOATELIMIT/IPp1.��8P�R� PRODVCTS-COMpIUpACiO �QDOO�OO �'� P � Li or $1QOOp00 AUTpMpgIL� UqB�17Y COMBINHD 81NOI,E LIMIT A ru�YnurO C08 l58 200 09/Od/10 09/04/11 �E���� � 100000Q BODILYINJURY(Perporeon) 5 AIlOWNeDAUT08 gOpILYINJUk�'(P6rBCdtlent} E 9CH��UlEO qUT08 ��� ��� X HIIiEDAU�S (p���� _ X NON�OWNED AUT08 8 i A UM�REW.AUAB �{ p�UR CD$ �59 200 09/DA/10 09/OC/11 EACHOCCUkRE►�ICR S 10000p� ��� �B CI.AIMg.►r1ADE AGGREGATE S �.00OOOO DEDUC7181E S �C R�T�NTION i 1.0000 09 OA/10 09/Od/11 a A AND EMPLOYERB' I.IA�n.ITY v/N T U � R ANY pPRIE AiiTNERIE]fEGU71v � amoa ci1�/t��,onsa r,u. E.L.EACKACCID�NT S 1000000 4 !C n�AEMd R�%�LVDED9 � �A {�hditory In N � E.L. Di8EASE •@A�AIPLUYE i�.00OOOO u y ae o��unaa� e.�,oi��qse•NOUCVUMrr i 1000000 DES�RIPT16N OP OPERATId�18 beloW Ou A Progerty/SF/RC C09 �,58 200 Os/oa/io 09/04/ii Buiidinq i,500,000 �1000de8 T�H�s 750,000 �RIP OP�RATI�Pl� 1 LpCp11pN91 VENICI.F.B (AM�ch ACORD 107, Atltlltlonal Ra�rorka 9eherJ�� 1� Morolpeea le reqWrotll Proo o iaaurana� CERTIFICATE WOLDER ceuce� � eaanw C=TYF'E2 I 9NptJLD ANY OF'IrIE4Bpys p�S�m POLJCIE$ B! CqNCBLL6o �FORE TX� 6l�PIRA710N D11TE TMEREOF, NOTICe wul, BE DP,WEREq W ACCORDiANGB WI1�11?IE POLICY PRAV18101ig. C�ty o� Fedex�l �ay Commuaity CenCer C�Fe 876 S. 333rd St. A�ORb 25 �2008l0�) The ACORD namo and lyeo ere regtsteretl marks of ACORD l'd UQti 'ON S31dH�WAl1I8 Wd90�� l lOZ 'til '�db' RETURN TO: , J , EXT: ( _ Z B v✓ ��N 4)v �Ean CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: Pa G S 2. ORIGINATING STAFF PERSON: (_ p hn H urTo 0 EXT: y Z $ 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOC • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL `d OTHER CotnceSSienairr 0'81rcrrwer14- 5. PROJECTNAME: / y u'� LGI C G � /�r rY orb '2,199 C-- 6. NAME OF CONTRACTOR: 1 �g k -w4 v tA-n f ADDRESS: Dzs^ C 27,orM r D TELEPHONE 2 $39' Za0 E -MAIL: asi 40/• GOB. FAX: SIGNATURE NAME: M tz vSs TITLE 6 w M Ce 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED. EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: Aar, / Z O /O COMPLETION DATE: r /i 2011 , 9. TOTAL COMPENSATION $ /O A * ~ 77 - ,N4 77 N 4 6rors (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED Ij PROJECT MANAGER —? le • DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) • LAW 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: r v ! ` COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING 9 SENT TO VENDOR/CONTRACTOR DATE SENT: 3 DATE REC' D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DA SIGNED • LAW DEPARTMENT — , — ❑ SIGNATORY (CM OR DIRECTOR) 2 ZBl -CITY CLERK ❑ ASSIGNED AG# AG# k SIGNED COPY RETURNED DATE SENT: COMMENTS: lit ctrY OF 3332 HALL 33325 Avenue South - 8 Box 9718 mo Fedelcl WalLff Federal L1 ""ay, VIA 98063 -97118 (253) 835 -7000 mmc 4 , offedefahvaycom CONCESSIONAIRE AGREEMENT FOR CONCESSIONS SERVICES: CELEBRATION PARK This Concessionaire Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and T.G. Restaurants LLC, a Washington state business ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: T.G. RESTAURANTS LLC: Jim Ross 1800 S 320' Federal Way, WA 98003 253- 839 -4200 (telephone) Jrossl969@aol.com CITY OF FEDERAL WAY: John Hutton 33325 8 th Avenue S P.O. Box 9718 Federal Way, WA 98063 -9718 253- 835 -6928 (telephone) 253- 835 -6939 (facsimile) .corn The Parties agree as follows: 1. TERM The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services, but in any event no later than April 1, 2011 ( "Term ") 2. WORK 2.1 Work The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2.2 Warranties The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods is repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the CONCESSIONAIRE AGREEMENT - 1 - 1/2010 CITY Of CITY 8th �• d ' Feder 8 8th Avenue South - 1 Box 9798 Federal Way, A 98063-9713 3 1 Way (253) 835 -7000 vow atyoffederalway mn Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up . At any time ordered by the City and immediately after completion ofthe Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION 4.1 Amount In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part ofthis Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. . 4.4 Non - Appropriation of Funds If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. CONCESSIONAIRE AGREEMENT -2- 1/2010 CITY Of CITY HALL Federal a Feder Avenue South 3- • Boy 9798 Federal Way, WA 988{163 -9718 18 (253) 835 -7000 www c lyoffederahvay coo 5. INDEMNIFICATION 5.1 Contractor Indemnification The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RC W 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and /or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors, as provided in Exhibit "C ", attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. CONCESSIONAIRE AGREEMENT -3 - 1/2010 CITY � t9/f �'"" CITY HALL Federal a l Way Feder Avenue South 03 • Box 9718 Federal Way, WA 981:1663 -9718 18 (253) 835 -7000 www:cifyof ederalway con? 9. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS 10.1 Independence The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safe 1y. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal,-state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become. displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including CONCESSIONAIRE AGREEMENT -4- 1/2010 CITY Or CITY HALL Federal Way Fede 8th Avenue South • 1 8 Box 9718 Federal tray, WA 98463 -9718 (253) 835 -7444 mm a4 offederaUsy coma apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13. GENERAL PROVISIONS 13.1 Interpretation and Modification This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions ofthe Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent ofthe other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure ofthe City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition CONCESSIONAIRE AGREEMENT -5- 1/2010 SM CITY OF ,.r �" �4s i CITY HALL W 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063 -9718 (253) 835 -7000 mvw,d4 c &77 to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all ofthe Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] CONCESSIONAIRE AGREEMENT -6- 1/2010 CITY OF CITY HALL 33325 l Avenue So uth 63- - 8 Sox 9718 Federal Way Federal Way, VI+A 98063 -97118 , (253) 835 -7000 mvw awfederaltay coon IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY B *so City ana r/Police Chief DATE: L - 7 7 /7 .9 - D STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: City Clerk, Carol McNeil y, CMC APPROVED AS TO FORM: D F, City Atto0y, Patricia A Richardson On this day personally appeared before me Jim Ross, to me known to be the owner of Billy McHale's Restaurant that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said LLC, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of NN { � — i -0 ` -9F WASN�;,►�11,, Notary's signature Notary's printed name Notary Public in and for the Mate of W asnmgton. My commission expires L (1 Lo 1 t 3 CONCESSIONAIRE AGREEMENT -7- 1/2010 T.G. RESTAURANTS LLC 1. Contractor shall provide concession services at concession stands ( "Concession Stands ") located at the below listed parks "), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. a. Concessions services shall include: The provision of quality concessions food and drink items with exceptional customer service. b. Locations: Celebration Park 1095 South 324' Street Federal Way, WA 98003 C. Hours of Operation. The Concession Stands shall remain open during the hours of operation set forth in Exhibit "A ", unless the City notifies the Contractor of other hours of operation, and such hours of operation shall be posted in a conspicuous place on the Concession Stands. Beginning April 1, 2010, Concessionaire is required to be open during all scheduled league and tournament games, Monday through Sunday, one -half hour before first game to one -half hour after start of last game. d. Equipment list: Kenmore oven & stove top range Wyott hot dog roller /cooker Starr hot dog bun warmer Coke Bib 8 head fountain pop dispenser Scotsman ice machine Ortega cheese dispenser Gemini two pot coffee maker (2) air pots (2) Patton heaters 14 foot BBQ table Cinnabon pretzel display Pretzel/pizza oven Super pretzel display machine (1) two door coke true cooler (1) chest freezer (1) stand up freezer (1) door true cooler M &M candy display CONCESSIONAIRE AGREEMENT -8- 1/2010 CITY OF r err ar Metal two shelf display Metal three shelf display 5 foot cookie price signage (2) stools Mop bucket & mop First aid kit Misc. pots, pans & knives Coke bottle pop machine Sharp /Casio cash register CITY HALL 33325 8th Avenue South . Pt? Box 9738 Federal Way, WA 98463 -9718 (253) 835 -7000 e. Pricing. All pricing of any food, beverage or other product as set forth in Exhibit "A" must be competitive and must be approved in writing by the City. Contractor may not change any pricing without the City's prior written consent, which consent may be withheld for any reason. Food: Stadium dog 8" 4x 1 3.00 Polish dog 6" 4x1 3.50 Hot dog combo meal (dog, pop, chips) 5.50 Super pretzel and cheese 3.00 Nachos 3.50 Cinnabon pretzels 3.75 Breakfast sandwich 3.50 Large chocolate muffin 2.50 Fresh fruit 1.00 Assorted potato chips 1.00 Assorted candy 1.00 Sunflower seeds 2.25 Rope licorice 1.50 Big League Chew 2.00 Loose candy /gum 0.25 Frozen lemonade 3.50 Cracker Jacks 1.00 Peanuts 2.50 Drinks: Fountain soda pop 2.25 Gatorade 2.50 Bottled pop 1.75 Bottled water 2.00 Coffee 1.75 Hot chocolate 1.75 Rockstar Energy Drink 2.75 2. Products. All food, beverage or other products offered for sale by Contractor to the public shall be approved in writing by the City prior to distribution or sale of any such products. Contractor shall comply with any reasonable requests made by the City to either add or eliminate certain types of food, beverage or other products. CONCESSIONAIRE AGREEMENT -9- 1/2010 CITY OF CITY HALL Federal 33325 fh Avenue South - Pt? Box 9798 Aw Federal Way, WA 98063 -9798 (253) 835 -7000 WWW ca4eoffederahvay c01*1 3. Customer Service. Contractor and all of its employees, agents, or representatives shall provide the highest quality of customer service and shall treat all customers with courtesy and respect. Contractor shall honor all reasonable requests for refunds including requests from customers that are dissatisfied with any food, beverage or other product sold by Contractor or from customers who have lost money in any vending machine owned by Contractor. 4. Employee Appearance. All of Contractor's employees, agents, representatives or licensees shall have a neat, clean and sanitary personal appearance and those who come in direct contact with the public shall wear clothing or identification, which distinguishes them as employees of Contractor. 5. Employee Training. Contractor shall provide a training program for its employees, agents, or representatives for the development of the skills and techniques necessary to perform its obligations under this Agreement including but not limited to promoting customer service, produce and service presentation, cleanliness, positive attitude and promoting the City Parks and Recreation Department's philosophy and policy. 6. Staffing. The Concession Stands shall be properly staffed in order to prevent undue delay to the public. Contractor shall plan its staffing in advance and anticipate to the best of its ability any events, such as holidays or special events, which may require additional staffing. In the event the City determines in its sole discretion that Contractor is not adequately staffing the Concession Stands, it may notify Contractor of that fact and Contractor shall immediately increase it's staffing to meet the City's recommendation. 7. Concession Equipment. a. Delivery. Contractor agrees to deliver and/or install, within two (2) weeks from the execution of this Agreement, at its sole cost and expense, the concession facilities, machines and equipment described below ( "Concession Equipment "). b. Alterations. Contractor shall not make any alterations, additions or improvements to the Concession Stands or to the Concession Equipment without the City's prior written consent, which consent may be withheld for any reason. In the event the City consents to the making of any alterations, additions or improvements to the Concession Stands and/or Concession Equipment, the same shall be made at Contractor's sole cost and expense, and in the event such alterations, additions or improvements are made to a structure, building or other improvement attached to the real property, the same will become a part of the real property and be surrendered to the City upon the termination of this Agreement. The City has no obligation to alter, remodel, improve, repair, decorate or paint the Concession Stands. C. Removal. (Celebration Park) On or before April 1, 2011, or in the event the City notifies Contractor that it desires the removal of the Concession Equipment at any time, Contractor shall, at its sole cost and expense, remove the Concession Equipment and repair any damage to the real property caused by such removal within the time period prescribed by the City. d. Maintenance. Contractor shall, at its sole cost and expense, maintain the Concession Stands and Concession Equipment and the surrounding real property in good condition and repair, including, but not limited to, maintaining the Concession Stands in a neat, clean and sanitary condition and removing all garbage, trash or other debris on a regular basis pursuant to the City's instructions. CONCESSIONAIRE AGREEMENT -10- 1/2010 CITY OF CITY HALL Fe deral W 333er Avenue South - 18 Bax 9718 Federal Way, WA 980163 -971$ (253) 835 -70010 mvw a"ffederahvay corn e. Damage to Concession Stand. After City inspection of the interior of the Concession Stand at the beginning of the season, if any new damage is caused by the Contractor, its employees, agents or subcontractors, the Contractor shall at it's sole cost and expense, reimburse the City for any damage incurred to the Concession Stand to a condition equivalent to or better than it's condition immediately prior to such damage. f. City Reimbursement. In the event Contractor fails to remove the Concession Equipment, maintain the Concession Stands or Equipment, or repair the Concession Stands, the City may, but in no event is the City obligated to, remove the Concession Equipment or perform the maintenance or repair and the Contractor shall, upon demand, immediately pay the City the costs and expenses of such removal, maintenance or repair. In the event Contractor fails to comply with the terms of this paragraph, the City may confiscate the Concession Equipment or any part thereof and sell the same, the proceeds of which sale will be credited against any costs or expenses incurred by the City. The sale of the Concession Equipment shall not constitute an election of remedies by the City but will be in addition to any remedies available to the City at law, in equity, by statute or under this Agreement. 8. Compliance with laws Contractor shall comply with and perform the Work in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended, including but not limited to the following: (i) Federal, state and local health, safety and licensing laws relating to the sale of concession goods; (ii) City code provisions requiring any person or entity doing business in the City to obtain a business registration; and (iii) City Parks and Recreation Department policies, including, but not limited to, its concession policy. CONCESSIONAIRE AGREEMENT - 11 - 1/2010 Alk CITY of CITY HALL i% 33325 8th Avenue South •Pik Box 9718 Fede, Federal ,Nay, V1!A 988063 -9718 (253) 835 -7000 mm cat vffivdeiahvay EXHIBIT "B" COMPENSATION 1. Compensation. The Contractor agrees to pay the City an amount equal to ten percent (10 %) of the Contractor's gross monthly revenue, excluding state sales tax ( "Percentage Payment "). The term "Gross Monthly Revenue" shall mean the total amount charged by Contractor, its employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections, including but not limited to orders taken at the Concession Stand but filled elsewhere and orders taken elsewhere but filled at the Concession Stands. 2. Payment Due Date. Contractor shall deliver the Percentage Payment to the City on or before the tenth (10 day of each month for Gross Monthly Revenue received during the preceding month ( "Due Date"). 3. Access to Records. Contractor shall provide a written statement to the City on the Due Date showing the total Gross Monthly Revenue for the preceding month ( "Statement "). Contractor will provide the City or the City's agents or representatives reasonable access to the books and records of Contractor for the purposes of auditing and inspecting the same to verify the Statement. The records shall include documents from which the original transaction entry was made, including sales slips, cash register tapes, and/or purchase invoices. 4. Cash Registers. All sales, other than sales from vending machines, shall be recorded by cash registers, which display to the customer the amount of the sale and automatically issue receipts certifying the transaction amount. The cash registers shall be equipped with devices which lock in sales totals, transaction records, produce duplicate audit tape, contain counters which cannot be reset and which record the transaction numbers and sales details on such tape. Any errors shall be noted by Contractor on the audit tape with an explanation. Cash register readings shall be recorded by Contractor at the beginning and the end of each business day. 5. Late Fee. Contractor acknowledges that late payment to the City of the Percentage Payment will cause the City to incur costs not contemplated by this Agreement, the exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment is not received by the City on the Due Date, Contractor agrees to pay a late fee equal to Twenty -Five and No/ 100 Dollars ($25.00). 6. Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement; including, but not limited to, Leasehold Excise Tax, currently at a rate .not to exceed 12.84 %. 7. Utilities, Taxes and Expenses. Contractor shall pay all costs and expenses associated with the operation of the Concession Stands other than utility expenses for water and power, which will be paid by the City. Contractor shall pay directly, before delinquency, any and all taxes levied or assessed upon its leasehold improvements, equipment, furniture, fixtures and personal property located on the City's property. CONCESSIONAIRE AGREEMENT -12- 1/2010 CITY OF 3332 HALL ..� � ' �� 33328 8i13 Avenue South - Pty Box 9718 Federal Way. WA 98063 -9718 (253) 835.7000 ��n ^wrttycz;tt:tfp'l37" aycot7I EXHIBIT "C" INSURANCE The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law for bodily injury, including personal injury or death, and property damage. 2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state- run workers' compensation program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. CONCESSIONAIRE AGREEMENT -13 - 1/2010 License Detail License Information: Entity Name: T.G. RESTAURANTS LLC Firm Name: BILLY MCHALE'S RESTAURANT License Type: Washington State Business Entity Type: Limited Liability Company UBI: 602004277 Business ID:001 Location ID:0001 Location Address: Mailing Address: 1800 S 320TH ST 1800 S 320TH ST FEDERAL WAY, WA, 98003 FEDERAL WAY, WA, 98003 - 5413 Licenses Held at this location: Minor Work Permit Liquor fo r _Catering Spirits /BeerlW a Service License Status Expires Active Active 01/31/2011 Active 01/31/2011 Page 1 of 1 First Issued 03/03/2000 05/08/2007 04/17/2000 Gover P eople_ JAMES B ROSS JR PATRICK N KNUTSON Registered Trade Names.: BILLY MCHALE'S RESTAURANT Information Current as of 03/11/2010 4:35AM Pacific Time This site is limited to searching for business and professional licenses issued by the Department of Licensing or through the Master License Service. You may wish to click on OTHER LICENSES to check for information on licenses issued by other agencies. Department of_Licensing Home Privacy Policv Other Licenses Contact Us Use of lists of individuals provided on this site for commercial purposes is prohibited under Chapter 42.56 of the Revised Code of Washington. https: // fortress. wa. gov/ dol/ dolprod/ bpdLicenseQuery /lgsLicenseDetail.aspx ?SessID= 1375 ... 3/11/2010 Detail License