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AG 19-159 - Oriana Catering
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: ASAP 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 DOCUIENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL X OTHER CONCESSIONAIRE CONTRACT 5. PROJECT NAME: FLAVOR OF FEDERAL WAY 6. NAME OF CONTRACTOR: ORIANA CATERING LLC ADDRESS: 821 E 60'.ST,TACOMA,WA 98404 TELEPHONE 206-471-8040 E-MAIL: INF a ORIANACAI'ERING.COM FAX: SIGNATURE NAME: JENNIFER LAMBERT EDWARDS TITLE: 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: 8/10/18 COMPLETION DATE 8/10/18 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 I M-1 1 A I DA I C R LV I EWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER / 7 d I ❑ DIRECTOR ❑ RISK MANAGEMENT(IF APPLICABLE) ❑ LAW tzz l�I 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 REMINDERINOTIFICATION FOR I 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 _ / , ZA1 ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# A ❑ SIGNED COPY RETURNED DATE SENT COMMENTS: CITY of CITY HALL Fera l Way 33325 8th Avenue South Federal Way.WA 98003-6325 ,�../ (253) 835-7000 www utyoffederalway com 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 Oriana Catering, LLC, a Washington State limited liability company. 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: ORIANA CATERING, LLC: CITY OF FEDERAL WAY: Jennifer Lambert Edwards Jeri-Lynn Clark 821 E 60th St 33325 8th Ave. S. Tacoma, WA 98404 Federal Way, WA 98003-6325 206-471-8040 (telephone) info orianacaterin .corn (253) 835-2401 (telephone) (253) 835-2409 (facsimile) Jeri-L Clark ci offederalwy .corn The Parties agree as follows: 1. TERM.The term of this Agreement shall commence upon the effective date of this Agreement,which shall be the date of mutual execution, and shall continue until the completion of the Services,but in any event no later than 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 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 CONCESSIONAIRE AGREEMENT - 1 - 3/2017 CITY OF CITY HALL F Way ■ay 33325 8th Avenue South �Yl� Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 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 maybe 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 A4S .`yL �, ■ 33325 8th Avenue South Fedet, 'v■V■ Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway 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. BOOTS_+,N I) It IXORDS.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 ciTv OF CITY HALL FederalWay '�1�■1■, � ■ay 33325 8th Avenue South Federal Way,WA 98003-6325 Y (253) 835-7000 www ciryoffederalway 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 EMPLOYER_.In all services,programs,activities,hiring,and employment made possible by or resulting from this Agreement or any subcontract,there shall be no discrimination by Contractor or its subcontractors of any level,or any of those entities'employees,agents,subcontractors,or representatives against any person because of sex,age (except minimum age and retirement provisions),race,color,religion,creed,national origin,marital status,or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW,Title VI 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 Intemretation 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 Fe d e ra l Way 33325 8th Avenue South ,,!�kLV Federal Way.WA 98003-6325 (253) 835-7000 www cltyoffederalway 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 ofresolving 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 Fe r l 33325 8th Avenue South Federal Way,WA 98003-6325 (2531 c35-r 000 �vww clo,ofie dowl i va),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 "1• l]r 3 1 Y HALL F+e d e ra l ■ � ■ay Feder l th Avenue South �" �►Y■ Federal Way,WA 98003-6325 (253) 835-7000 wwwaryvfledeialwey cam IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FERE WAY: ATTEST: — 4"U�� Jim Ferrell, yo S__ h nie Courtney, CM , C Clerk DATE: APPROVED AS TO FORM: J.Ryan Call,City Attorney ORIANA CATERING, LLC: � By: PretedName: (`fQa nVtr t)W"if Title: C"'1 - WW4� DATE: _ 1 STATE OF WASHINGTON ) V ) ss. COUNTY OF ` "Put On this day personally appeared before me 3f�ALJ „, � E '`�?�to me known to be the C1,,,,sa Ann of of 4M�, CA,-Cls LLC• that executed the foregoing instrument,and acknowledged the said instrument to be the 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 day of– 2 a – A U v` , 201�i. Notary's signature (1A &)��J ANTHONY GREERNotary's printed name A V lu� Notary Public state of Washington Notary Public in and for the State of Washington. Commission#200979 My commission expiresJ� y Zp–Ct Aly Comm.Expires May 14,2022 CONCESSIONAIRE AGREEMENT - 7 - 3/2017 CITY OF CITY HALL Federal Way ■ay 33325 8th Avenue South ■Y�■Vl Federal Way,WA 98003-6325 (253) 835-7000 www cltyoffederalway.corn 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 CITY OF CITY HALL Federal ■ � ■ay 33325 8th Avenue South �1�FL Federal Way,WA 98003003 -6325 (253) 835-7000 www cityotfederalway com EXHIBIT "B" MENU & PRICES PLATES: 1. Choice of either BBQ Chicken or Kahlua Pork with Rice, Coleslaw, and Pineapple $12.00 2. Both BBQ Chicken &Kahlua Pork with Rice, Coleslaw, and Pineapple $15.00 SIDES: 1. Pulled Pork Sandwich w/Coleslaw & Pineapple $8.00 2. Lumpias 3 for $5.00 3. Half-Moon Pie $5.00 BEVERAGES: 1. Otai Mango Fruit Drink $6.00 2. Water $1.00 3. Coke, Sprite, Diet Coke $2.00 CONCESSIONAIRE AGREEMENT - 9 - 3/2017 CITY of CITY HALL A�kFederal Way ■a 33325 8th Avenue South �,�1r■Y■ Federal Way,WA 98003-6325 (253) 835-7000 www ciryoffederatway com EXHIBIT "C" CERTIFICATE OF INSURANCE CONCESSIONAIRE AGREEMENT - 10 - 3/2017 TE ACo�r CERTIFICATE OF LIABILITY INSURANCE DA 07/30/2019 ) 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 �.CaNTACT F-1P Program Support NAME' Veracity Insurance Solutions,LLC. P11CINE PAX ..LA;C.:vo..E:.q; l°-:.'I1-5)0-6992' _ Ar+:.No' 260 South 2500 West,Suite 303 E rnlL wo:zif1l-.ru-,)rarrl.com AODRESF. Pleasant Grove UT 84062 INSURFRISI AFFORDING COVERAGE NAIL!{ INSURER A: Great American Alliance Insurance Co. 26832 INSURED WSURFR B: Oriana Catering,LLC,DBA Oriana Polynesian Catering,Oriana INSURER C: Polynesian Cuisine INSURERD: 821 E 60Th St � INSURER E; - Tacoma WA 98404 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 U9 ROLICY EFF PO{ICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER WAIDD.Tf YY fMilIDDf1'VYY sen t.114 D I L IT? EACH OCCURRENCE 'S 1,000,000 X DAMAGE To RENTED 300,000 ::UMMER_'IA'.. c.IIE�.%,L Lli,_ I'i r^r PREMISES(Ea oauree-;, $ CLAIMS-MADE X OCCUR 11` I MED EXP(Anv one person) E 5,000 A PL2260060-FO72805X 07/01/2019 07/01/2020 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'..AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG I S 2 000 O_00 X -OUCY PRG LOC ANIMAL BAILEE I$ AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT Ea ae EDD _ ANY AUTO I BODILY INJURY(Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S NON-OWNED PR&PERTYGAMAGE S HIREDAUTOS H AUTOS _Me,raccident N $ UMBRELLA LIAB OCCUR F FfI EACH OCCURRENCE S _ EXCESS LIAR CLAIMS-MADE I AGGREGATE $ DED RETENTIONS i 1$ WORKERS COMPENSATION 1 WC STATU- S ;DTH AND EMPLOYERS'LIABILITY TORY IMITS' R ANY PROPRIETOR/PARTNERJEXECUTIVE YIN NIA E L EACH ACCIDENT $ OFFICEIMEMBER EXCLUDED? (Mandatory In NH) I E-L.DISEASE-EA EMPLOYEE$ If yes,describe under RIPTION OF_FR to I E.L.DISEASE-POLICY LIMIT S F-1 F_ r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) Certificate holder had been added as additional insured regarding the above mentioned policy per attached Additional Insured-Designated Person or Organization(CG 20 26 Ed.04 13) 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.South Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) City or CITY HALL Fe d e ra l Way fay 33325 8th Avenue South {lirjrJ Federal Way,WA 98003-6325 (253) 835-7000 www cityotiederaiway.com EXHIBIT "D" KING COUNTY HEALTH DEPARTMENT LICENSE CONCESSIONAIRE AGREEMENT - 11 - 3/2017 7/8/2019 Do it Right,Serve it Safe!Print Card «Tr r_nre.I-Pie rk r c ounlr Health Department Washington State Food Worker Card 33 ` a Valid from 0710&201$t4071=021 ■ Health Officer •� TOMM&Pjam Courdy twh 1567J3157W-r41 L21 'g __-------- TRANSACTION RECORD WA FOOD WORKER CARD 3629 S D ST MAILSTOP 006 TACOMA, WA 98418 United States WWW.TPCHD.ORG TYPE: Purchase ACCT: Visa $ 10.00 USD CARDHOLDER NAME Jennifer Lambert Edwards CARD NUMBER ############6633 DATE/TIME : Jul 08, 2019 02:09:09 REFERENCE # 001 0930352 M AUTHOR. # 090905 TRANS. REF. 925CD3D Approved - Thank You Please retain this copy for your records. Cardholder will pay above amount to card issuer pursuant to cardholder agreement. hftps://fwccourse.foodworkereard.wa.gov/printcard/925CD3D 1l1 eServices Page 1 of 1 Washington State Department of Revenue Services Business Lookup ORIANA CATERING LLC License Information: New search Back to results Entity name: ORIANA CATERING LLC Business name: ORIANA CATERING LLC Entity type: Limited Liability Company UBI#: 604-424-159 Business ID: 001 Location ID: 0001 Location: Active Location address: 821 E 60TH ST TACOMA WA 98404-2312 Mailing address: 821 E 60TH ST TACOMA WA 98404-2312 Excise tax and reseller permit status: Click here Secretary of State status: Click here Governing People May include governing people not registered with Secretary of State Governing people Title FELAGAI,IOANE LAMBERT EDWARDS,JENNIFER LAMUSITELE,LOGOLOGO LEI,ALAIVANU Registered Trade Names Registered trade names First issued ORIANA POLYNESIAN CATERING Active Jul-01-2019 ORIANA POLYNESIAN CUISINE Active Jul-01-2019 The Business Lookup information is updated nightly.Search date and time:7/31/2019 5:06:32 PM Working together to fund Washington's future https:Hsecure.dor.wa.gov/gteunauth/—/ 7/31/2019