AG 19-139 RETURN TO: Jeri-Lynn Clark EXT: 2401
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV. COMMUNITY SERVICES
2. ORIGINATING STAFF PERSON: JERI-LYNN CLARK EXT: 2401 3. DATE REQ.BY: 6/14/19
4. TYPE OF DOCUMENT(CHECK ONE):
X 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 CONCESSIONAIRE CONTRACT
5. PROJECT NAME: FLAVOR of FEDERAL WAY
6. NAME OF CONTRACTOR: MINI...THE DOUGH-NuT,LLC
ADDRESS: 21925 MARINE VIEW DR.S,DES MOINES,WA 98198 TELEPHONE 206-371-2452
E-MAIL: DEMONE MINITHEDOUGH-NUT.COM FAX:
SIGNATURE NAME: DEMONE GORE TITLE: OWNER
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: 8/10/19 COMPLETION DATE 8/10/19
9. TOTAL COMPENSATION $ N/A (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 LINO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
❑ PURCHASING: PLEASE CHARGE TO: N/A
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT(IF APPLICABLE)
❑ LAW
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,LICENSE,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
�❑ LAW DEPARTMENT 31 J A I 2-01
`?
I!� SIGNATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK 1
❑ ASSIGNED AG# AG#
❑ SIGNED COPY RETURNED DATE SENT
COMMENTS:
` elry OF CITY HALL
�, Fed a ra Way33325 8th Avenue South
Federal Way,WA 980o03-6325
(253) 835-7000
www cityoffederalway.corn
CONCESSIONAIRE AGREEMENT
FOR
FLAVOR OF FEDERAL WAY
This Concessionaire Agreement("Agreement")is made between the City of Federal Way,a Washington municipal
corporation("City"),and Mini...The Dough-Nut,LLC.a Washington limited liability company("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:
MINI...THE DOUGH-NUT,LLC: CITY OF FEDERAL WAY:
Demone Gore Jeri-Lynn Clark
21925 Marine View Dr. S. 33325 8th Ave. S.
Des Moines, WA 98198 Federal Way, WA 98003-6325
206-371-2452 (telephone) (253) 835-2401 (telephone)
demana zninithedough-nut.com (253) 835-2409 (facsimile)
Jcii-Tffederal way.coni
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 August 10, 2019
("Term").
2. WORK.
2.1 Work. In consideration for access and permission to participate in the City event,Flavor of Federal Way,the
Contractor agrees to 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 ofthe 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
CONCESSIONAIRE AGREEMENT - 1 - 3/2017
` crrr of CITY HALL
Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffedera&vay 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. 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.
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.
5. 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:
CONCESSIONAIRE AGREEMENT - 2 - 3/2017
` CITY OF CITY HALL
Fe d e ra I Way Feder 8th Avenue South
Federal Way.WA 98003-6325
(253) 835-7000
www cltyoffederalway com
5.1. 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.
5.2. 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.
5.3. 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.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
6. 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.
7. 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.
8. 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.
9. INDEPENDENT CONTRACTOR/EMPLOYEE CONDITIONS.
9.1 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
CONCESSIONAIRE AGREEMENT - 3 - 3/2017
` �Y■■Y■C17w OF CITY HALL
Federal ■ � ay 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederafway com
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.
9.2 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
9.3 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
10. 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.
11. EQUAL OPPORTUNITY E NIPLOYER.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 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.
12. GENERAL PROVISIONS.
12.1 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
CONCESSIONAIRE AGREEMENT - 4 - 3/2017
CITY OF CITY HALL
At
Fe d re ra l Way 33325 8th Avenue
South
Federal Way.WA 980038003
-6325
(253) 835-7000
www cityoffederalway com
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.
12.2 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.
12.3 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.
12.4 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,nothing in this paragraph shall be construed to limit the
Parties' rights to indemnification under Section 5 of this Agreement.
12.5 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
CONCESSIONAIRE AGREEMENT - 5 - 3/2017
` CITY OF CITY HALL
Federal
■■Y■LY■■ 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www ciryoffedefalway com
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 - 3/2017
CITY OF CITY HALL
133325 8th Avenue South
Fe d e ra I Federal Way,WA 98003-6325
(253) 835-7000
i v vw I'd vollwle?tuihv+ry(: l n
IN WITNESS,the Parties execute this Agreement below,effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
J er ell, Mayor ie Courtney, CMC, Clerk---
DATE: _ � APPROVED AS TO FORM:
J. Ryan Call, tity Attorney
l. .THE DOUGH-NUT, LLC:
------ ------ ------ ---
f �
Print - ---- - --- ?D (i --
Title:
!� -2----------------
DATE:
STATE OF WASHINGTON )
)ss.
COUNTY OF Lkgq
On this day personally appeared before me L vvwe to wLvo E--,0Ve to me known to be the
Ac>-L`gLe!-IC------------_ of gni__.The—�cxx]�� i�rt� 1,L---------that executed the foregoing
instrument,and acknowledged thesaid instrument to bethe free and voluntary act and deed of said limited liability
company,for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said
instrument.
GIVEN my hand and official seal this Ob day of___J 0�� 20 t_9.
'ter k + Cllr No 's signature
rl cNots printed ne� -je. ;S m(-
4T�
Notary Public in and for the State of Washington.
� = My commission expires_631 M VW Z 3 _--
IDA-
�h,
CONCESSIONAIRE AGREEMENT -7- 3/2017
` CITY OF CITY HALL
Federal Way 333258th Avenue
South
Federal Way.WA 980038003
-6325
(253) 835-7000
www cltyoffederalway com
EXHIBIT "A"
CONCESSIONAIRE SERVICES
1. Contractor shall provide food truck concession services for Flavor of Federal Way at Town Square Park on
August 10, 2019 from 11AM-3PM. Food truck concession services will be held 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. Concession items and pricing are
outlined in Exhibit`B".
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. 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 - 8 - 3/2017
` j7x OF CITY HALL
Fe d e ra' Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway com
EXHIBIT "B"
MENU & PRICES
Prices based off Mini Dozen 8 Donuts,Dough-Nut Dozen 14 Donuts,Dough-Nut House 4 Dozen
DONUT BE PLAIN
(Plain cake donut) $4.00, $6.00, $22.00
DONUT BE SWEEEET
(Choose: Powdered Sugar,Powdered Cocoa, Cinnamon& Sugar,Plain Sugar) $5.00, $7.00, $26.00
DONUT BE GLAZED
(See Glazes) $6.00, $8.00, $30.00
DONUT BE ASHY
(Powdered Sugar or Cocoa with your choice of Glaze) $6.50, $8.50, $30.50
DONUT BE KINDA NUTTY
(Butter Toffee,H&S, Chile Lime or Plain Peanuts over your choice of Glaze) $6.50, $8.50, $30.50
DONUT BE OREO'D
(Vanilla Glaze with crushed Oreo)$6.50, $8.50, $30.50
MINI ME
(Glazed choice with mini M&M's) $6.50, $8.50, $30.50
MISS CANDY TOPPINGS
(See Toppings andlg azes) $6.50, $8.50, $30.50
DONUT BE CHEESY
(Cream Cheese, Graham Cracker with choice of Fruit Glaze) $7.00, $9.00, $34.00
DONUT BE IN BOSTON
(Warmed Fudge and Bavarian Cream) $7.00, $9.00, $34.00
FOXY DOUGH-NUT BROWN
(Peanut Butter and Warmed Fudge) $7.00, $9.00, $34.00
PB LOVES J
(Peanut Butter and choice of Fruit Glaze) $7.00, $9.00, $34.00
PINA DonuCOLADA
(Pineapple Glaze with Coconut) $7.00, $9.00, $34.00
DONUT E.PRESLEY
(Banana Chips with Peanut Butter) $7.00, $9.00, $34.00
DONUT BE A PIGGY
(Maple Glaze with Real Bacon) $7.00, $9.00, $34.00
CONCESSIONAIRE AGREEMENT - 9 - 3/2017
` CITY OF CITY HALL
Fe d e ra I Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cifyoffederalway com
DONUT De MONIN
(Caramel,White and Dark Chocolate) $7.00, $9.00, $34.00
DONUT BEE
(Drizzled with Pure Honey) $7.00, $9.00, $34.00
DONUTELLA
(Drizzled with Nutella) $7.00, $9.00, $34.00
DONUT BE SALTY
(Caramel with Pretzels) $7.00, $9.00, $34.00
DONUT BE STARTIN' SOMETHIN'
(Lucas Chamoy with Choice of Glaze) $7.00, $9.00, $34.00
DONUT BE MAD BRO
(Warmed Fudge with Powdered Cayenne/Cocoa) $8.00, $10.00, $38.00
DONUT BEAN DIRTY
(Powdered Cocoa,Bavarian Cream,warm Chocolate and Dark Chocolate covered Espresso Beans) $8.00, $10.00, $38.00
DONUT JUDGE ME
(Warmed Fudge,Dark Chocolate, drizzled with Nutella) $8.00, $10.00, $38.00
I SCREAM,MINI SANDWICH
(4 mini vanilla ice cream sandwiches. Add Glaze and Toppings)$8.00, $10.00, $38.00
STRAWBERRY MINI DONUT CAKE
(Real Strawberries with Whipped Cream) $8.00, $10.00, $38.00
DONUT MY APPLE PIE
(Cinnamon& Sugar, Caramel, Apple, Graham Cracker) $8.00, $10.00, $38.00
DONUT LEMON MY BAR
(Powdered Sugar, Lemon Glaze,Bavarian, Graham Cracker) $8.00, $10.00, $38.00
DONUT MESS WITH TEXAS
(Maple Glaze, Light BBQ Sauce,Bacon,H&S Peanuts or Chile Lime Peanuts) $9.00, $11.00, $39.00
Create your Dough-Nut concoction for$0.75 per topping
CONCESSIONAIRE AGREEMENT _ 10 - 3/2017
` ctry of CITY HALL
Fe d e A a I Y Y a y Feder 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www.cityoffederatway.com
EXHIBIT "C"
CERTIFICATE OF INSURANCE
CONCESSIONAIRE AGREEMENT - 11 - 3/2017
A4C"R" DATE(MM/DD/YYYY)
�.,...� CERTIFICATE OF LIABILITY INSURANCE 07/11/2019
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND 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,ANDTHE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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: Elisa Beam
Nair Insurance Agency PHONEFAX
33305 1 st Way S Ste B206 (A/C,No,EXT):253-835-1335 (A/c,NO):253-874-1281
E-MAIL
Federal Way WA 98003-6259 ADDRESS: elisa.pnair@farmersagency.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURERA: Truck Insurance Exchange 21709
INSURER B: Farmers Insurance Exchange 21652
MINI...THE DOUGH-NUT,LLC INSURERC: Mid Century Insurance Company 21687
4320 S. 177TH ST -
INSURER D:
INSURER E:
SEATAC WA 98188
INSURER F.
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAME ABOVE FORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE
POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDTL SUBR POLICY EFF POLICY EXP
LTR TYPEOFINSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE aOCCUR PREMISES(Ea Occurrence) $ 75,000
MED EXP(Any one person) $ 5,000
C Y N 605867558 10/01/2018 10/01/2019 PERSONAL&ADV INJURY $ 1,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00
X POLICY 0 PROJECT F—] LOC PRODUCTS-COMP/OP AGG $ 1,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00
(Ea accident)
ANYAUTO BODILY INJURY(Per person) $
OWNEDAUTOS �l SCHEDULED BODILY INJURY(Per accident) $
C ONLY X AUTOS 605867558 10/01/2018 10/01/2019
HIREDAUTOSX NON-OWNED PROPERTY DAMAGE $
ONLY AUTOS ONLY (Peraccident)
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION PER OTHER $
AND EMPLOYERS'LIABILITY STATUTE
ANY PROPRIETOR/PARTNER/ Y/N N/A E.L.EACH ACCIDENT $
EXECUTIVE OFFICER/MEMBER
EXCLUDED?(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE
Ifyes,describe under DESCRIPTION OF
E.L.DISEASE-POLICY LIMIT $
OPERATIONS below
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
CERTIFICATE HOLDER IS ALSO LISTED AS ADDITIONAL INSURED
CERTIFICATE HOLDER CANCELLATION
CITY OF FEDE
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
33325 8TH AVE S DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
FEDERAL WAY WA 98003 AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) @1988-2015 ACORD CORPORATION.All Rights Reserved
31-1769 11-15 The ACORD name and loao are registered marks ofACORD
` Feder CITY OF CITY HALL
8th Avenue South
AlFederal Way Federal Way,WA 98003-6325
(253) 835-7000
wwpv ciryoffederalway.com
EXHIBIT "D"
KING COUNTY
HEALTH DEPARTMENT LICENSE
CONCESSIONAIRE AGREEMENT - 12 - 3/2017
K
ub 11 c Exp a t h,
Seattle & King County
Permanent Food - Risk Based
PERMIT NO. PR0084310
P,E 6782 PERMIT
Mobile Food Unit -Risk Category II
GRANTED TO MINI THE DOUGH-NUT@ 206-371-2452
LOCATION 21925 MARINE VIEW DR
DES MOINES,WA 98198
FOR A PERIOD BEGINNING 4/1/2018 AND ENDING 3/31/2019
MAILING ADDRESS
MINI THE DOUGH-NUT
C/O DEMONE&NANCY GORE
4320 S 177TH ST
SEA TAC,WA 98188
i
Director
DATED 12/14/2018 BY
SUBJECT TO ALL STATE LAWS, COUNTY BOARD OF HEALTH RULES AND REGULATIONS, AND/OR CITY OR COUNTY
ORDINANCES PERTAINING THERETO THIS PERMIT MAY BE SUSPENDED OR REVOKED UPON VIOLATION BY THE
HOLDER OF ANY OF THE TERMS OF THESE REGULATIONS. THIS PERMIT IS NOT TRANSFERABLE AND MUST BE
POSTED IN A CONSPICUOUS PLACE THIS PERMIT IS NOT VALID UNLESS SIGNED BY OPERATOR NEW OWNERS
MUST APPLY AND PAY FOR,t'4EW PERMIT BEFORE BEGINNING OPERATION.
X
OPERATOR SIGNATURE
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Washington State Department of Revenue
Services Business Lookup MINI...THE DOUGH-NUT,LLC
License Information: New search Back to results
Entity name: MINI...THE DOUGH-NUT,LLC
Business name: MINI...THE DOUGH-NUT,LLC
Entity type: Limited Liability Company
UBI#: 603-488-144
Business ID: 001
Location ID: 0001
Location: Active
Location and Mailing 4320 S 177TH ST
address: SEATAC WA 98188-4131 USA
Excise tax and reseller permit status: Click Here
Secretary of State status: Click here
Governing People May include governing people not registered with Secretary otState
Governing people Title
GORE,DEMONE
The Business Lookup information is updated nightly.Search date and time:6/11/2019 2:18:16 PM
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https:Hsecure.dor.wa.gov/gteunauth/—/ 6/11/2019