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AG 14-08011 RETURN TO: ROB ETTINGER EXT: 2002 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: PARKS/DBC ORIGINATING STAFF PERSON: ROB ETTINGER EXT: 2002 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT O PROFESSIONAL SERVICE AGREEMENT 0 GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE X CONTRACT AMENDMENT (AG#): 14-080 ❑ OTHER O SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION O INTERLOCAL . PROJECT NAME: STEEL LAKE CONCESSIONS NAME OF CONTRACTOR: HS ICE CREAM ADDRESS: 2415 S 284TH PLACE TELEPHONE 253-945-7411 E-MAIL: SUKHEM@HOTMAIL.COM FAX: SIGNATURE NAME: MANJIT GREWEL TITLE: OWNER EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: 5/1/14 COMPLETION DATE: 12/31/2020 TOTAL COMPENSATION $_THEY PAY 11% (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE O PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW $PROJECT MANAGER 1 0/ Jg O DIRECTOR INITIAL / DATE REVIEWED ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INITIAL / DATE APPROVED 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED G f c.b 2018' ❑ L W DEPARTMENT IGNATORY (MAYOR OR DIRECTOR) O CITY CLERK O ASSIGNED AG# O SIGNED COPY RETURNED OMM S: Mkt KAN Ihs. Cad4 04, AG# DATE SENT: 111Mill. 17; -I $ ...f i)nm'7 CITY OF Federal Way AMENDMENT NO. 2 TO CONCESSIONAIRE AGREEMENT FOR STEEL LAKE PARK CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Manjit Kaur Grewal DBA H.S. ICE CREAM, a Washington sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Steel Lake Concessions ("Agreement") dated effective April 29, 2014, as amended by Amendment No 1 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 December 31, 2020 ("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, are 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 are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - Rev. 3/2017 CIiY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: DATE: GA! a MANJIT KAUR GREWAL DBA H.S. ICE CREAM By: Printed Name: Manjit Kaur Grewal Title: Owner DATE: 'flt''`p"`'"t`—, ATTEST: 1iftlow S e h nie Courtney, CMC, i ' Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF W ) On this day personally appeared before me, �^� j f'� — 6VAA4)( , to me known to be the individual described in and who executed the forego o-fi instrument, and on oath swore that hefshthc cxecuted the g gY foregoing instrument as.lislherAtIteirfree and voluntary act and deed for the uses and purposes therein mentioned. Kit- GIVEN my hand and official seal this day of -C1/19Y-4/tittit- ,20 ! . \�•\‘\\\‘‘‘t‘111 Notary's signature ���`_aP T Th/4„:141 Notary's printed name ? = ss�ON l� 14,y / Notary Public in and for the State of Washington. p. pTq,Q�'0��� My commission expires la C'7 2 f-6 3U .. 1 .., a% r ..A/ GBL = O.- fflll dF WAS'\ .S Ch1\\\\\\\\\\ AMENDMENT - 2 Rev. 3/2017 Bellevue Office: P.O. Box 3867, Bellevue, WA 98009 PHONE 1980 112th Ave NE, Ste 210, Bellevue, WA 98004 FAX Portland Office: 6645 NE 78th Ct, Ste C5, Portland, OR 97218 (800) 562-8095 WATS www.goguscom GRIFFIN UNDERWRITING SERVICES In CA, DBA: Griffin Insurance Services; CA License #0G66558 April 5, 2017 Agency 1 Insurance LLC 10120 SE 260TH ST. SUITE #210 Kent, WA 98030 Attn: Re: HS Ice Cream Effective Date: 4/9/2017 We are pleased to confirm coverage for you with the following confirmation of binding. This confirmation is offered in accordance with your instructions and in reliance upon the statements made in your application. Please review carefully. Thank you for your business, the policy should follow within 30 days. Best Regards, Arinn Daugherty Commercial Underwriting Assistant Griffin Underwriting Services ADaugherty@gogus. com Reference 4: 17019636B Agent Fax #: (253) 236-4578 CONFIRMATION OF BINDING THE TERMS AND CONDITIONS OF THIS CONFIRMATION OF INSURANCE MAY NOT COMPLY WITH THE SPECIFICATIONS SUBMITTED FOR CONSIDERATION. PLEASE READ THIS CONFIRMATION CAREFULLY AND COMPARE IT WITH ANY QUOTE AND SUBMISSION DOCUMENTS AND REVIEW THE POLICY FORMS FOR THE ACTUAL COVERAGES PROVIDED. THIS CONFIRMATION IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE TERMS, CONDITIONS AND LIMITATIONS OF THE POLICY(IES) OR CERTIFICATE(S) IN CURRENT USE BY THE INSURER. In accordance with your instructions, and in reliance upon the statements made by the retail producer in the insured's application/submission, we have bound insurance at your request as follows: Date Issued: Apr 05, 2017 Is this a Renewal? Y CL2657691B Submission #: 17019636B Producer: AGT0133 Insured: Agency 1 Insurance LLC HS Ice Cream 10120 SE 260TH ST. SUITE #210 2415 S 284th Place Kent, WA 98030 Federal Way, WA 98003 Location of Risk: 1) 2410 S 312th Street, Federal Way, WA 98003 2) 1095 South 324th Street, Federal Way, WA 98003 Insurer: Mount Vernon Fire Insurance Co. Assigned Policy or CL2657691C Certificate Number: Effective Period: 4/9/2017 to 4/9/2018 Term: 365 days 12:01 A.M. STANDARD TIME AT THE LOCATION ADDRESS OF THE NAMED INSURED. THIS CONFIRMATION WILL BE TERMINATED AND SUPERSEDED UPON DELIVERY OF THE FORMAL POLICY(IES) ISSUED TO REPLACE IT. Coverage: COMMERCIAL GENERAL LIABILITY Limits: $2,000,000 General Aggregate Included Products/Comp Ops Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $100,000 Fire Damage (any one fire) $5,000 Medical Exp. (Any one person) Deductible: N/A BI/PD Terms/Conditions: (a) 100% minimum earned premium at inception. (b) Endorsements / Notable Exclusions: SEE ATTACHED FOR LIMITS/TERMS/CONDITIONS (c) Binding Requirements / Subject To: 100% MINIMUM EARNED PREMIUM APPLIES IN THE EVENT OF CANCELLATION SUBJECT TO SIGNED RENEWAL FORM LETTER (d) All other terms and conditions apply per policy forms Agent Commission: 10% Premium: Fees: Policy Fee Taxes: TRIA: Cancellation: $630.00 $150.00 $16.38 Terrorism Coverage: plus in taxes: REJECTED Total Due: $796.38 This Confirmation is subject to the cancellation provisions as found in the policy(ies) or certificate(s) currently in use by the insurer. The Insurance effected under this confirmation can be cancelled by the insurer by mailing, to the first named insured at the address stated on the confirmation, written notice stating when such cancellation shall become effective. The Insurance effected under this confirmation may be cancelled by the named insured by giving written notice to Griffin Underwriting Services, stating when thereafter the cancellation shall become effective. Cancellation can not be effected prior to the post mark date of the written notice. In the event of cancellation by the insured, the earned premium would be subject to the minimum premium if applicable. THE INSURANCE UNDER THIS CONFIRMATION CAN NOT BE CANCELLED FLAT; earned premium and any applicable fees and taxes must be paid for the time that insurance has been in force. THIS CONFIRMATION OF INSURANCE IS ISSUED BASED UPON THE INSURER'S AGREEMENT TO BIND AND IS ISSUED BY THE UNDERSIGNED WITHOUT ANY LIABILITY WHATSOEVER AS AN INSURER AC a AUTHORIZED REPRESENTATIVE, GRIFFIN UNDERWRITING SERVICES INSURED: HS Ice Cream DATE ISSUED: Apr 05, 2017 SUBMISSION #: 17019636 GRIFFIN UNDERWRITING SERVICES In CA, DSA: Griffin Insurance Services, CA License AO06S 8 GRIFFIN UNDERWRITING SERVICES P.O. Box 3867 Bellevue, WA 98009 Phone: (425) 453-8599 Fax: (425) 453-8696 To: Agency 1 Insurance LLC Attn: Sukh Sidhu From: Arinn Daugherty adaugherty@gogus.com/425 974 7789 Insured: Manjit Kaur Grewal DBA: HS Ice Cream * BINDER * 04/05/2017 Renewal Of: CL 2657691 B Thank you for your order to bind. We appreciate your business! We have bound the below coverage. Policy to Follow Shortly POLICY INFORMATION COMMERCIAL UABILITY POLICY Policy Number: CL 2657691 C Policy Period: 04/09/2017 to 04/09/2018 Carrier: Status: Mount Vernon Fire Insurance Company Non -Admitted A.M. Best Rating: A++ (Superior) - X COVERAGE PART PREMIUM Commercial Liability Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit (Any One Person/Organization) $1,000,000 Medical Expense Limit (Any One Person) $5,000 Damages To Premises Rented To You (Any One Premises) $100,000 Products/Completed Operations Aggregate Limit Included General Aggregate Limit $2,000,000 $630.00 POLICY PREMIUM (This premium may be subject to adjustment) $630.00 ADDITIONAL COSTS Wholesaler Broker Fee $150.00 Surplus Lines Tax $15.60 Stamping Fee $0.78 TOTAL $796,38 COVERED LOCATION(S) 1 - 2410 South 312th Street, Federal Way, WA 98003 2 - 1095 South 324th Street, Federal Way, WA 98023 Please contact us with any questions regarding the terminology used or the coverages provided. Page 1 of 2 APPLICABLE FORMS & ENDORSEMENTS The following forms apply to the Commercial Liability coverage part 2110WA 09/10 Service Of Suit CG 0181 05/08 Washington Changes CG0001 12/07 Commercial General Liability Coverage Form CG0068 05/09 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion CG2107 05/14 Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability - Limited Bodily Injury Exception Not Included CG2136 03/05 Exclusion - New Entities CG2144 07/98 Limitation Of Coverage To Designated Premises Or Project CG2147 12/07 Employment -Related Practices Exclusion CG2429 09/13 Washington Changes - Binding Arbitration IL0017 11/98 Common Policy Conditions IL0021 09/08 Nuclear Energy Liability Exclusion Endorsement L-206 02/11 Fully Eamed Premium Endorsement L -232s 09/05 Classification Limitation Endorsement L-428 01/12 Absolute Firearms Exclusion L-526 01/15 Absolute War Or Terrorism Exclusion L-549 11/12 Absolute Professional Liability Exclusion L-599 10/12 Absolute Exclusion for Pollution, Organic Pathogen, Silica, Asbestos and Lead with a Hostile Fire Exception L-610 11/04 Expanded Definition Of Bodily Injury L -618C 09/09 Amendment Of Premium Audit Conditions L-686 10/12 Absolute Exclusion for Liquor and Other Related Liability L-714 09/08 Miscellaneous Services Exclusion L-723 02/09 Blanket Additional Insured Endorsement L-787 05/13 Infringement Of Copyright, Patent, Trademark Or Trade Secret Endorsement LLQ100 07/06 Amendatory Endorsement LLQ368 08/10 Separation Of Insureds Clarification Endorsement TRIADN 02/15 Policyholder Disclosure Notice of Terrorism Insurance Coverage Jacket 09/10 Commercial Insurance Policy Jacket Please contact us with any questions regarding the terminology used or the coverages provided. Page 2 of 2 HEADQUARTERS: PO Bou 3867 Bellevue, WA 98009 P: 800.562.8095 F: 425.453.8696 WWW.9GUS.COM Acct. Exec jmauseth Bill To: AGT0133 Agency 1 Insurance LLC 10120 SE 260TH ST. SUITE #210 Kent, WA 98030 Type of Transaction Renewal Business Policy Fee Surplus Lines Tax Stamping Office Fee GRIPPIN' UNDERWRITING SERVICES In CA, DBA: Griffin insurance Services, CA License #0G66558 MIN INVOICE Insured: Submission Number: Policy Number: Effective Dates: Insurance Company: Agent Code: Line of Business COMMERCIAL GENERAL LIABILIT COMMERCIAL GENERAL LIABILIT COMMERCIAL GENERAL LIABILIT COMMERCIAL GENERAL LIABILIT Invoice Number: 425921 Invoice Date: 04/05/17 Page 1 HS Ice Cream 17019636 CL2657691 C 04/09/17 to 4/9/18 Mount Vernon Fire Insurance Co. AGT0133 Company ID Amount Comm($) Net Due R0519 $630.00 $63.00 $567.00 01 $150.00 $0.00 $150.00 T0002 $15.60 $0.00 $15.60 T0001 $0.78 $0.00 $0.78 Note: Amount Invoiced: $ 796.38 Comm % 10.00 Commission $ 63.00 Invoice Amount Due Invoice Payment Due On: 5/5/17 Invoice - Agency Bill II RETURN TO:Rob E EXT:2002 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV:PARKS/DBC 2. ORIGINATING STAFF PERSON:ROB ETTINGER EXT: 2002 3. DATE REQ.BY:ASAP 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 X CONTRACT AMENDMENT(AG#):_14-080 ❑ INTERLOCAL ❑ OTHER / �+ S 4-eQ/ /-Cc K e ( 0+�. 'j iCl�� ' 5. PROJECT NAME: C- -: -. c ' •, .: - : • • • - - : . ' -- - : • • • S 6. NAME OF CONTRACTOR:H s ICE CREAM ADDRESS:2415 S.284TH PLACE TELEPHONE 253-945-7411 E-MAIL:SUKHEM @HOTMAIL.COM FAX: SIGNATURE NAME:MANJIT GREWAL 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:MARCH 15,2015 COMPLETION DATE:DECEMBER 31,2017 9. TOTAL COMPENSATION$20%OF GROSS SALES TO BE PROVIDED TO THE CITY (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 -WPROJECT MANAGER 3/�// ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW OYt G 3114 S�K+iCs 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED .4 LAW DEPARTMENT 71Z c. 312.01 If ❑ CHIEF OF STAFF ❑ SIGNATORY(MAYOR OR DIRECTOR) V CITY CLERK is GnIL ❑ ASSIGNED AG# AG# I .- t A ❑ SIGNED COPY RETURNED DATE SENT: O bt?--I 1-'01c COMMENTS: 11/9 411kii.. CITY OF CITY HALL 33325 8th Avenue South 01l.%, ,, Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway com AMENDMENT NO. 1 TO CONCESSIONAIRE AGREEMENT FOR STEEL LAKE PARK This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and H. S. ICE CREAM, a sole proprietor("Contractor"). The City and Contractor(together "Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for Steel Lake Concessions ("Agreement") dated effective April 29, 2014 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 December 31, 2017 ("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, are 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 are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2015 ` CITY OF CITY HALL Federal 33325 8th Avenue South .... Way Federal Way,WA 98003-6325 (253) 835-7000 www aryoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jo utton, Parks • or C ty Clerk, Stephanie 14 ney, CMC DATE: 344//5 APPROVED AS TO FORM: U City Attorney, Amy Jo Pearsall H. S. Ice Cream By: = - \c_ , Printed Name: Manjit Grewal Title: 0(0 r P31 DATE: 03 -- r1 1 S STATE OF WASHINGTON ) COUNTY OF t\ 6 ) ss. 1 On this day personally appeared before me, t&N\ C.3, o'Vv f i V ,to me known to be the individual described in and who executed the foregoing instrument,and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 11 day of M KC. , 20115 Notary's signature 0 Notary's printed nam 'WAY1 1 ►ralneY o'ary Public in and for the St e,o1 Washington. My commission expires S/ 1N6 1 art 1 Notary Public 1 State of Washington 1 JASMINE WILSON I My Appointment Expires Mar 18,2017 AMENDMENT - 2 - 1/2015 DocuSign Envelope ID:7D4CAD36-3AAA-4FE1-8121-F8B656800F 16 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘.r../ 03/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ' PRODUCER -CONTACT NAME: Jessica Nancarrow Heritage Insurance, Inc. A/C..No.Ext): 2534384142 FAX No):800475-5311 10803 SE Kent Kangley Rd#206 E-M a ss: Jessica @heritageinsuranceinc.com Kent,WA 98030 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURERA: Mount Vernon Fire Insurance Co. INSURED INSURER B: Manjit Kaur Grewal DBA: HS Ice Cream INSURER C: 2415 S 284th PI INSURER D: Federal Way,WA 98003 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-14502 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - ------- ADDL SUBR —- __-- POLICY EFF POLICY EXP ' LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y CL2657691 A 04/09/2015 04/09/2016 EACH OCCURRENCE $ 1,000,000 i DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(Ea RENTED $ 100,000 1.1 EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: '... GENERAL AGGREGATE $ 2,000,000 X POLICY JECT 1 LOC ', PRODUCTS-COMP/OPAGG $ Included OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON OWNED PROPERTY DAMAGE $ HIRED AUTOS _AUTOS (Peracciden� $ UMBRELLA LIAB OCCUR ICI EACH OCCURRENCE $ — —EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER H AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 5 OFFICER/MEMBER EXCLUDED? n N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured-City of Federal Way CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave S Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE —DocuSigned by: I Of..-/°•�4. //1.- 4.w (JLN) —8E2 45E�sae a��88-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Printed by JLN on March 17,2015 at 02:37PM RETURN TO: I (`e::�� EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTi i R 1. ORIGINATING DEPT/DIV: PROS/ 2. ORIGINATING STAFF PERSON: n ti v i d C to w, o S EXT: LL T:3 -i 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 X GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL V OTHER Govie -,e ,,n r,- 5. PROJECT NAME: La.lc PP.'y_ 6. NAME OF CONTRACTOR: N 5 1e.-_ Greawn ADDRESS: 2415 :5. Z$ LI P% Pl. TELEPHONE: q 4 5 - 1811 E -MAIL: FAX: SIGNATURENAME:_M vi14- reLu'aj TITLE: 7. EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES COMPENSATIO�URANCE REQUIREMENTS /CERTIFICATE [I ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ RE( LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE 01 BL, EXP. 12/31/ UBI # Go I ql -151 D , EXP. / / 8. TERM: COMMENCEMENT DATE: 5, I' 19 COMPLETION DATE:_ i 2 I Xa l 114 9. TOTAL COMPENSATION: $ lbe- 1p &u 11 bIo (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CftAR4E - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES o 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 ❑ PROJECT MANAGER ❑ SUPERVISOR ' DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED ""I RE w m_��� . COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK �I ASSIGNED AG # YXSIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL / DATE SIGNED •' c'm t4 AG# DATE SENT: LA-30 ' W� INITIAL /DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: LI 12_'8'j �Dc� 11/9 CITY OF Y HALL '�.... Federal Way Fe 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway com CONCESSIONAIRE AGREEMENT FOR STEEL LAKE PARK This Concessionaire Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and H S Ice Cream, a Washington sole proprietor ( "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: H S ICE CREAM: Manjit Grewal 2415 S. 280 Pl. Federal Way, WA 98003 253- 945 -7411 (telephone) sukhem@hotmail.com The Parties agree as follows: CITY OF FEDERAL WAY: John Hutton 876 S. 333' St. Federal Way, WA 98003 -6325 253- 835 -6928 (telephone) 253- 835 -6929 (facsimile) .com 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 December 31 s`, 2014 ( "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 Mayor 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 are 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 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. CONCESSIONAIRE AGREEMENT - 1 - 4/2011 CITY OF OW Federal%ay Y HALL .,325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. cone 2.4 Clean Up. At anytime ordered by the City and immediately after completion of the 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. The Contractor agrees to pay the City a certain percentage of the Contractor's gross monthly revenue, excluding state sales tax ( "Percentage Payment ") according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any percentage rate or method used to calculate the compensation to the City 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 its Percentage Payment to the City as outlined in Exhibit `B." 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 RCW 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. CONCESSIONAIRE AGREEMENT - 2 - 4/2011 ,� CITY ederal Way Y HALL x,3325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www, cityoffederalway. com 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 for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. 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 $2,000,000 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 per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. 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. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. 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. 6.4 Survival. 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. 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. CONCESSIONAIRE AGREEMENT - 3 - 4/2011 CITY OF Y HALL '** ._.., Federa I Way .. Federal 8th Avenue South al Way, WA 98003 -6325 (253) 835 -7000 www cityoffederatway. com 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 Safety. 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. EQUAL 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 apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI ofthe 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. CONCESSIONAIRE AGREEMENT - 4 - 4/2011 CITY OF Y HALL 1325 ,,. A** Federal Nay Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www c/tyoflederalway. com 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 of the 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 of the 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 of the 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 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. CONCESSIONAIRE AGREEMENT - 5 - 4/2011 CITY OF Y HALL �;, Federal Way Feder 8th Avenue 8003 Federal Way, WA 98003 -6325 (253) 835 -7000 www,crtyoff deralway.com 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 of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] CONCESSIONAIRE AGREEMENT - 6 - 4/2011 clrr of tY HALL `�., Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim F L-1 DATE: H S ICE CREAM By: _ -S V— � , Printed Name: In ]R )i ) k I — y Title: n W n tA DATE: b U STATE OF WASHINGTON) ) ss. COUNTY OF C<&J ATTEST: C-6-W mcn City Clerk, Carol McNeillyj CMC APPROVED AS TO FORM: Interim City Attorney, Amy Jo Pearsall On this day personally appeared before me jVi¢7C).,i T e ..., A flk jg .,to me known to be the of _ ff, 5. ,j--7Ce 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 -Aauz , 20/#.' r`'4�0 .a����; 'C,I tai Notary's signature "M h. l� � Notary's printed name A aY P �i '�` 0-T AV Notary Public in an d for the State of Washington. s t My commission expires d';,a, J. 19. N CO G,�O__ 144u.!D,p WAgN���. CONCESSIONAIRE AGREEMENT -7- 4/2011 ` ciTV of ,-Y HALL Fede Federal ral Way ee 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffedera3lway. com EXHIBIT "A" CONCESSIONAIRE SERVICES 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 Mayor 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: Steel Lake Park 2410 S. 312th St. 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. H S Ice Cream will be required to be in operation at the Steel Lake Park concession facility between the dates of June 18th, 2014 and September 1St, 2014. Contractor is required to be open during lifeguarded beach hours, which occur Monday through Thursday, 1:OOPM to 6:OOPM, Friday, 1:OOPM to 7:OOPM, Saturday and Sunday, 12:OOAM to 7:OOPM. Contractor may choose to operate in addition to the mandatory dates and hours as weather and park patronage dictate. A list of proposed hours for operation has been included as Exhibit "A -1''. d. Equipment list: Refrigerator Freezer Icee machine Cooler Microwave Nacho cheese machine Cleaning supplies CONCESSIONAIRE AGREEMENT - 8 - 4/2011 CITY of Y HALL South 1325 Ak Fe d e ra I Way Feder 8th Avenue 8003 Federal Way, WA 98003 -6325 (253) 835 -7000 www. crryoffederalway. com 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. Exhibit "A -2" provides a proposed list of food items that may be offered. 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. 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 its staffing to meet the City's recommendation. 7. Concession Equipment. a. Delivery. Contractor agrees to deliver and/or install, within (number of 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. CONCESSIONAIRE AGREEMENT - 9 - 4/2011 CITY OF Y HALL 00. .. Federal%ay Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com c Removal. Steel Lake Park: On or before October 31'% 2014 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. e. Damage to Concession Stands. If the Concession Stands or any part thereof are damaged by any cause other than the sole negligence of the City, its employees or agents, Contractor shall, at its sole cost and expense, restore the Concession Stands to a condition equivalent to or better than their 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 -10- 4/2011 CITY OF 2 HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www, ci yof ederalway. corn EXHIBIT "B" COMPENSATION 1. Compensation. The Contractor agrees to pay the City an amount equal to (11 %) 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 I e 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 - 11 - 4/2011 mamma schedule.xlsx https:H dn-2- excel.officeapps.live.com/x/16 .0.2430.3116 /_layouts /xlprin... 1 of 1 3/2/2014 8:55 PM REGULAR SCHEDULE Monday Tuesday Wednesday Thursday Friday Saturday Sunday 9:OOam Invo Closed Closed Invo Closed Restock Restock 10:OOam Restock Restock Restock Restock Restock Open Open 11:OOam Open Open Open Open Open 12:OOpm 1:OOpm 2:OOpm Clean Clean Clean Clean Clean Clean Clean 3:OOpm * * * * s 4:OOpm S:OOpm 6:OOpm 7:OOpm 8:OOpm 8:30pm Closing Closing Closing Closing 9:OOpm Cleanup Cleanup Cleanup Cleanup Closing Closing Closing 9:30pm Closed Closed Closed Closed Cleanup Cleanup Cleanup 1 of 1 3/2/2014 8:55 PM Exln%b 4 "A - 2-A A proposed menu with prices [COMR-4� &9 • Bomb Pop Watermelon ➢ $1.75 • Bomb Pop Tear Jerker ➢ $1.75 • Bomb Pop Double Fudge ➢ $1.75 • Bomb Pop Red, White, and Blue ➢ $1.75 • Snow Cone ➢ $2.00 • Bid Dipper Vanilla ➢ $2.00 • Big Dipper Chocolate ➢ $2.00 • Big Dipper Strawberry ➢ $2.00 • Neopolrtan Sandwich ➢ $2.00 • Vanilla Sandwich ➢ $2.00 • Mississippi Mud Sanwich ➢ $2.00 • Spiderman ➢ $2.00 • Spongebob ➢ $2.00 • Bratz ➢ $2.00 • PowerPuff ➢ $2.00 • Dora the Explorer ➢ $2.00 • Batman ➢ $2.00 • Sonic ➢ $2.00 • Hello Kitty ➢ $2.00 • Strawberry Shortcake ➢ $2.00 • Chocolate Eclair ➢ $2.50 • Choco Taco ➢ $2.50 ➢ $3.00 • Magnum ➢ $2.50 • Chips Gabire ➢ $3.00 • Jolly Rancher Cup ➢ $2.00 • Cry Baby Cup ➢ $2.00 • Cookies and CreamCup ➢ $3.00 • Candy Blast Cup ➢ $1.50 • Sugar Free Popsicle ➢ $1.00 • Cotton Candy ➢ $1.00 • Bubble Gum ➢ $1.00 • Fudge Bar ➢ $1.00 • Big Stick ➢ $1.50 • Chamoy Popsicle ➢ $1.50 • Mango Popsicle ➢ $1.50 • Lucas Popsicle ➢ $1.50 • Salsa Getty Popsicle CHIPS: • Hot Cheetos ➢ $.075 • Taks ➢ $2.00 • Lays ➢ $.075 • Doritos ➢ $0.75 • Funyons ➢ $0.75 Candies: • Skittles ➢ $1.00 • Starbursts ➢ $1.00 • Fruit RoltUps ➢ $1.00 • Airheads ➢ $0.35 or 3 fDr $1.00 • Lollipops ➢ $0.35 or 3 for $1.00 • Chocolate Bars ➢ $1.00 • Ring pop ➢ $0.35 or 3 for $1.00 • Licorice ➢ $0.10 Beverages: • Soda (canned) ➢ $1.00 • Soda (bottled) ➢ $1.50 • Water ➢ $1.00 • ICEE ➢ $2.00 • PowerAde /Gatorade ➢ $1.50 • Juice ➢ $1.50 • Smpple ➢ $2.00 • Arizona Tea ➢ $1.50 • Monster ➢ $3.00 • Colo Cofree ➢ $3.00 • Rock Star (Sugar Free) ➢ $3.00 Snacks: • Muffin ➢ $1.00 • Cli$Bars ➢ $2.00 • Fruit Snacks ➢ $1.00 • Famous Arms Cookies ➢ $1.00 • Grandma Cookies ➢ $1.00 • Nuts ➢ $1.50 Hot Food: • Cup ofNoodles ➢ $1.50 • Nachos ➢ $2.50 • Pura. ➢ $2.00 • Phrlly Cheese Steak ➢ $2.00 • BBQ Sandwich ➢ $2.00 AcoRL�e CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDIYYYY) TYPE OF NSURANCE 0411/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER - NAME:* Jessica Nancarrow PHO . 2534384142 FA't . 253-638 -7229 Heritage Insurance Inc e- DRESS: esslca herita einsuranceinc corn PO BOX 8709 INSURERS AFFORDING COVERAGE HAM S Covington, WA 98042 INSURER A: Mount Vernon Fire Insurance Co. $ 5 000 PERSONAL 5 ADV INJURY INSURED Manjit Kaur Grewal INSURER 8: INSURER c: $ 2,000,000 DBA: HS Ice Cream PRODUCTS - COkPIoP AGG s Included 2415 S 284th PI INSURERD: AUTOMOBILE LIABR.ITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTO HIRED AUTOS AUTOS Federal Way, WA 98003 INSURER E: SIN LIMIT INSURER F $ r`nUCRAMOR NIIWER, 0"4flAM_1L+CO2 REVISION NUMBER. 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF NSURANCE POLICY NUMBER POLICY EFF POLICY EXP Lall'f8 A GENERAL LIAwuTY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE a] OCCUR Y CL2657691 0410812014 04/0812015 EACH OCCURRENCE $ 1.000000 opme E 100 000 MED EXP one Psnon $ 5 000 PERSONAL 5 ADV INJURY $ 1 000 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LOAMr APPLIES PER: rxi POLICY PRO Loc PRODUCTS - COkPIoP AGG s Included $ AUTOMOBILE LIABR.ITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTO HIRED AUTOS AUTOS SIN LIMIT BODILY INJURY (Per pemon) $ BODILYINJURY(Peracc*" $ OPERTYDAMAOE S t uMeRa a�► LIA9 "call LIAB O� � EACH OCCURRENCE $ AGGREGATE S DED I I RETENTION s $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNERIEXECinWE YIN OFFICERIMEMBEREXCLUOED7 (Mandatory M NN) If de 1o`Nunder SCRIPTI OF OpERA170N below N!A STATU OTH E.L. EACH ACCIDENT s ' E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMB S DESCWnON OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addtlonel Remarks Sdwdub, N more epmm In required) Additional Insured - City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS.. E 33325 8th Ave S Federal Way, WA 98003 \ 191!1112010 -ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo istored marks of ACORD Printed by JW on Apra 11, 2014 at 02:34PM