AG 15-06611
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):
❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
O PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG
O REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE 0 RESOLUTION
X CONTRACT AMENDMENT (AG#):15-066 0 INTERLOCAL
❑ OTHER
. PROJECT NAME: CELEBRATION PARK SOFTBALL COMPLEX LOWER CHASE B CONCESSIONS
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 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: MARCH 15, 2015 COMPLETION DATE: DECEMBER 31, 2020
TOTAL COMPENSATION $_THEY PAY US 20% (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•. ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
O PURCHASING: PLEASE CHARGE TO:
0. DQCUMENT/CONTRACT REVIEW
cPROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
INITIALLDATE REVIEWED
i// //8'
t 9 J.,.., Zo t s
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:
O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
O 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.)
❑ LAV DEPARTMENT
IGNATORY (MAYOR OR DIRECTOR)
O CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
;OMMENTS:
Yuck IVM) lVW 4U
INITIAL / DATE SIGNED
17/1017
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoflederaM'ay. com
AMENDMENT NO. 1
TO
CONCESSIONAIRE AGREEMENT
FOR
CELEBRATION PARK ATHLETIC COMPLEX CHASE "B" CONCESSIONS
This Amendment ("Amendment No. 1) 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 Celebration Park Athletic Complex Chase "B" Concessions
("Agreement") dated effective March 20, 2015, 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
CITY OF
� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoflederalway. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
By:
ell, ayor
DATE: 40/17
MANJIT KAUR GREWAL DBA H.S. ICE CREAM
By:
Printed Name: Manjit Kaur Grewal
Title: Owner
DATE: eForbiGYAA.6/ Z
STATE OF WASHINGTON )
) ss.
COUNTY OF
ATTEST:
nie Courtney, CMC ( y Clerk
J. Ryan Call, City Attorney
On this day personally appeared before me, y1, (\- u0l,u,VL C-'► M t ( , to me known to be the
individual described in and who executed the foregolhg instrument, and on oath swore that-he/she/they-executed the
foregoing instrument as-his/her/theirffee and voluntary act and deed for the uses and purposes therein mentioned.
nok
GIVEN my hand and official seal this day of
,to .ti, Ili, Notary's signature c
I 17
f My commission expires W -001-Z C% -O
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,20 OS
iia► ; Cy / Notary's printed name / Al9t
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t�R , , Notary Publi in and for the State of Washington.
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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.gogus.com
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 #: 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
ISA 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 insureds
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: $630.00
Fees: Policy Fee $150.00
Taxes: $16.38
TRIA: Terrorism Coverage: plus in taxes: REJECTED
Total Due: $796.38
Cancellation: 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 THLS 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.
AUTHORIZED REPRESENTATIVE, GRIFFIN UNDERWRITING SERVICES
INSURED: HS Ice Cream
DATE ISSUED: Apr 05, 2017 SUBMISSION #: 17019636
GRIFFIN1
UNDERWRITING SERVICES
In CA, DBA: Griffin Insurance Services, CP. License $00066558
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 LIABILITY POLICY
Policy Number: CL 2657691C
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 Box 3867
Bellevue, WA 98009
P: 800.562.8095
F:425.453.8696
WWW..oGUS.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
Note:
GRIPPIN1
UNDERWRITING SERVICES
In CA, DBA: Griffin Insurance Services, CA License #0G66558
INVOICE
Invoice Number:
Invoice Date:
Insured: HS Ice Cream
Submission Number:
Policy Number:
Effective Dates:
Insurance Company:
Agent Code:
425921
04/05/17
Page 1
17019636
CL2657691 C
04/09/17 to 4/9/18
Mount Vernon Fire Insurance Co.
AGT0133
Line of Business Company ID Amount Comm($)
COMMERCIAL GENERAL LIABILIT R0519 $630.00 $63.00
COMMERCIAL GENERAL LIABILIT 01 $150.00 $0.00
COMMERCIAL GENERAL LIABILIT T0002 $15.60 $0.00
COMMERCIAL GENERAL LIABILIT T0001 $0.78 $0.00
Amount Invoiced:
$ 796.38
Comm %
10.00
Commission
$ 63.00
Net Due
$567.00
$150.00
$15.60
$0.78
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
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
x OTHER CONCESSIONAIRES CONTRACT
5. PROJECT NAME: CELEBRATION PARK SOFTBALL COMPLEX LOWER CHASE B CONCESSIONS
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
.[PROJECT MANAGER G2 _ •3cc/%�
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW ,12L 3 hot tf * -pet 312a[c
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
INI
/DATE SIGNED_
�
X LAW DEPARTMENT `� °?A- tC
❑ CHIEF OF STAFF
❑ SIGNATORY(MAYOR OR DIRECTOR)
CITY CLERK Af/IA! i`• E
❑ ASSIGNED AG# AG
❑ SIGNED COPY RETURNED DATE SENT: Oh Z 2-0 is
COMMENTS: b■t,(
0
hvwtl(Wn o see vkcir y
11/9
` CITY OF CITY HALL
Fe d e ra I Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway corn
CONCESSIONAIRE AGREEMENT
FOR
CELEBRATION PARK ATHLETIC COMPLEX CHASE "B" CONCESSIONS
This Concessionaire Agreement("Agreement")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")are located and do business at the below addresses which shall be valid for any notice required under this
Agreement:
H. S. ICE CREAM: CITY OF FEDERAL WAY:
Manjit Grewal Rob Ettinger, DBC Manager
2415 S. 280 Pl. 33325 8th Ave. S.
Federal Way, WA 98003 Federal Way, WA 98003-6325
(253) 945 -7411 (telephone) (253) 835-2002 (telephone)
sukhem @hotmail.com (253) 835-2010 (facsimile)
robe @cityoffederalway.com
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 December 31,2017
("Tenn").
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
1
CONCESSIONAIRE AGREEMENT 1/2015
‘64 CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www atyoffederalway com
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 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,
2
CONCESSIONAIRE AGREEMENT 1/2015
NI", CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffedera/way corn
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 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.
3
CONCESSIONAIRE AGREEMENT 1/2015
` CITY OF CITY HALL
. ;, Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
vww cityoffederahvay.corn
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 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
4
CONCESSIONAIRE AGREEMENT 1/2015
` CITY OF CITY HALL
Fe d e ra I Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway corn
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 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 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
5
CONCESSIONAIRE AGREEMENT 1/2015
` CITY OF CITY HALL
33325 8th Avenue South
Fe d e ra I Way
Federal Way,WA 98003-6325
(253) 835-7000
www crtyoffederalway corn
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.
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]
6
CONCESSIONAIRE AGREEMENT 1/2015
CITY OF CITY HALL
� Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www criyoffederahway corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
ISO 1 I
Jo Hu • , 'arks Director 1 rk, Stephanie Court �. CMC
DATE: v f 20 l i 5 APPROVED AS TO FORM:
°‘/6(
City Attorney, Amy Jo Pearsall
H S ICE CREAM
By:
Printed Name: MAIJ Di - k - (,,
Title: 2\ y‘ a
DATE: b 3 1 - S'
STATE OF WASHINGTON )
ii , 11 ) ss.
COUNTY OF�\ )
On this day personally appeared before me, Wl+Y 4, eV(C,VIZ&\ ,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 day of t/1 AO, , 2015
i / l
Notary's signature 'J A _l
Notary's printed name _IIMMNV
Notary 'ublic in and for t e o W ington.
— 1 — — — — _ My commission expires 0 i
1 �
(
State of
Notary
JASMINE WILSON
My Appointment Expires Mar 18,2017
7
CONCESSIONAIRE AGREEMENT 1/2015
CITY OF CITY HALL
4‘, Federal Way
132 ,
2.,th 4 enue tiouth
Federal Way , A 98003-6326
253, 835-7000
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 provisions of quality concessions food and drink items with exceptional customer service.
b. Locations:
Celebration Park Athletic Facility—LOWER CHASE B
1095 South 324th, Federal Way, Washington
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.
REGULAR SCHEDULE
Monday Tuesday Wednesda Thursday Friday Saturday Sunday
9:00am
10:00am
11:00am Open Open
12:00pm Open Open Open Open Open
1:00pm *
2:00pm *
3:00pm *
4:00pm *
5:00pm *
6:00pm *
7:00pm Closing Closing Closing Closing * * Closing
8:00pm Cleanup Cleanup Cleanup Cleanup Closing Closing Cleanup
8:30pm Restock Restock Restock Restock Cleanup Cleanup Restock
9:00pm Restock Restock
Beginning March 15, 2015
d. 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.
CONCESSIONAIRE AGREEMENT 1/2015
CITY OF CITY HALL
...��.;. 33325 8th Avenue South
Federal Way
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway.corn
EXHIBIT "A"
A proposed menu with prices
ICF.CREAM:
1. 1. $2.00
Bomb Poi►Tear 3e er 2. $2.00
3 Bon*Pop !oche 3. $2.00
4 Bomb Pap apt lit$Bee.owl Oho 4. $2.00
3. Pep 3/80$ 5. $2.00
6. Snow Como 6_ £2.50
. 7. $2.50 Vanilla
Bill Dipper 3. 8. $2.50
Vegitipper Chocolate
9. $2.50
IfissirapperSkorrerberty
10- h 10_$2.50
11 $2.50
I I..%mak lloodwIrch 12.20011018281113404 2
1 . $2.50
tmwicb 12_$2.50
13. spiatannsa
14. $2.50
Ye.Sposseirob
S.t 15.52.50
16, $2.50
Powerruff
17. $2.50
T'Dors Ole Explorer 18.$2.50
18.81$8808 19. $2.50
19.Sonic 20.$2.50
20.BMW Kitty 21.$2.50
21.
22.(loco ee 22. $2.50
23.Chaco Tara 23.$3.00
24. 24. $3.00
20- 25. $3.00 et
ebbs 26.JellyEershor Cup 26, $2.00
O � 27, $2.00
31.2L Cookies sod Caesar Cup 28.$3.00
29 Coady 29.$3.00 Inas ow
34$Cloaca Coady 30. $1.00
31. Oum 31.$1.90
32. 11tuf eH Her
32_ $1.00
33- 33. $1.00
34. � 34.$1.50
35-ToTo epPop s 35.$150
!d.Loess Popsicle 36. $1.50
37.Sass akar Popsicle 37.$1.50
CONCESSIONAIRE AGREEMENT 1/2015
Nt,.. CITY OF CITY HALL
33325 8th A\,,enue South
Federal Way Federal Way, WA 98003-6325
vu<,25.3) 835-7000
co?P:
EXHIBIT "A"
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e. All equipment neccesary for concessions operations is the responsibility of vendor.
CONCESSIONAIRE AGREEMENT 1/2015
` CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www dtyoffederalway corn
1. 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. Contractor shall comply with any reasonable requests
made by the City to either add or eliminate certain types of food, beverage or other products.
2. 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.
3. 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 that distinguishes them as employees of Contractor.
4. 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.
5. 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,that 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.
6. Concession Equipment.
a. Delivery. Contractor agrees to deliver and/or install, two weeks from the execution of this
Agreement, at its sole cost and expense,the concession facilities,machines and equipment.
("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 1/2015
CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway corn
c. Removal.
Celebration Park Lower Chase B:On or before December 31,2017, 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.
7. 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:
a. Federal,state and local health,safety and licensing laws relating to the sale of concession goods;
b. City code provisions requiring any person or entity doing business in the City to obtain a business
registration; and
c. City Parks and Recreation Department policies, including, but not limited to, its concession
policy.
CONCESSIONAIRE AGREEMENT 1/2015
` CITY OF CITY HALL
33325 8th Avenue South
Federal I Way
Federal Way,WA 98003-6325
(253) 835-7000
www crtyotfederalway corn
EXHIBIT "B"
COMPENSATION
1. Compensation. The Contractor agrees to pay the City an amount equal to twenty percent (20%) 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 first 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 1/2015
DocuSign Envelope ID:7D4CAD36-3AAA-4FE1-8121-F8B656800F16
Ac Ro® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOIYYYY)
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.Ed):
253-638-8142 (A C,No):800-975-5311
10803 SE Kent Kangley Rd#206 ADDRESS: jessica @heritageinsuranceinc.com
Kent,WA 98030 INSURER(S)AFFORDING COVERAGE 1 NAIC S
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 INSURER E:
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 SUER POLICY EFF POLICY EXP r---- -
LTR TYPE OF INSURANCE INSD yyND POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY Y CL2657691A 04/09/2015 04/09/2016 EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES(Ea occurrence) $ 100,000
MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY JET I LOC I 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 _AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS _AUTOS (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE IY/NI E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? 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
i Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE
r—DocuSigned by:
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-8 ��88-2014 ACORD CORPORATION. All rights reserved.
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ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
Printed by JLN on March 17,2015 at 02:37PM