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AG 21-053 - HS ICE CREAMRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PRCS / CONCESSIONS 2. ORIGINATING STAFF PERSON:ROB ETTINGER/AUTUMN GRESSETT— EXT: 2002 3. DATE REQ. BY: 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 o RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: CONCESSIONS 6. NAME OF CONTRACTOR: H S ICE CREAM ADDRESS: 12415 S 280TH PL, FEDERAL WAY, WA 98003 TELEPHONE: 253-945-7411 E-MAIL.: SUKHEM HOTMAIL.COM FAX: SIGNATURE NAME: Tom= 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # EXP. / / 8. TERM: COMMENCEMENT DATE:MARCH 1, 2021 COMPLETION DATE: FEBRUARY 28, 2027 9. TOTAL COMPENSATION: $_N/A THEY PAY US (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 1NFTI/k L 1 DATE APPROVED 16 PROJECT MANAGER AG 12/11/2020 AG 1/20/2021 ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) fX LAW DEPT DK 12-17-2020; contract review 01-26-2021 second contract review 02-01-2021 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CoNT CT SIGNATURE ROUTING RENT TO VENDOR/CONTRACTOR DATE SENT: 2/3/2021 DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) �ILL[' INITIAL / DATE IGNED LAW DEPT )(5 -BR DIRECTOR) it I '$,CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED &Aft SENT: ❑ RETURN ONE ORIGINAL COMMENTS: DK: please see the redlines for the draft contract. 2117 CITY OF CITY HALL 33325 SthAvenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www.ciWffecferalway. com CONCESSIONAIRE AGREEMENT FOR STEEL LAKE PARK This Concessionaire Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Manjit K Grewal dba H S Ice Cream, a Washington sole proprietor( ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: MANJIT K GREWAL dba H S ICE CREAM: Manj it Grewal 2415 S. 280 Pl. Federal Way, WA 98003 253- 945 -7411 (telephone) sukhem@hotmail.com The Parties agree as follows: CITY OF FEDERAL WAY: Rob Ettinger, DBC Manager 33325 Bch Ave. S. Federal Way, WA 98003-6325 (253) 835-2002 (telephone) (253) 835-2010 (facsimile) ro com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services, but in any event no later than January 31, 2026 ("Term"). 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. 2.3 Time Documentation and Ins ection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. CONCESSIONAIRE AGREEMENT - 1 - 3/2017 CITY OF �. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwC1tyoffed&,'..g11Wry. Com 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. INDEMMFICATION. 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' CONCESSIONAIRE AGREEMENT - 2 - 3/2017 AkCITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cayoffederalway com compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6J . 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; prncluCtc-rmm�1 ted one_.rations, ston gan 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 Liabili . 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 CONCESSIONAIRE AGREEMENT - 3 - 3/2017 A4%�Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffeaeraiway con? Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. HOOKS 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 1 EMPLOYEE CONDITIONS. 10.1 Indgendence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safe V. 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). In the event that alterations to the Concession Stands are approved by the City, 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 CONCESSIONAIRE AGREEMENT - 4 - 3/2017 A%, Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www c;tyof(ederalway con? 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities'employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI 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 Inte retation 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 Parry 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 Assignmentand 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 CONCESSIONAIRE AGREEMENT - 5 - 3/2017 CITY OF L Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederatway com 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 in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] CONCESSIONAIRE AGREEMENT - 6 - 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. cilyoffederalmy. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Ael'* o utton, Parks irector DATE: 3 r I I J ao a 0 4161444 NArW iT K Gj2C:WAL By: Manjit Kaur Grewal ATTEST: L KA oo -Ad- j to hanie C cartney, CM , City Clerk APPROVED AS TO FORM: f o ,-J. Ryan Call, City Attorney 4PA S I CF c P.00,M Printed Name: iY] 1`J D 1 l"^ QILwyV-- Title: Owner DATE: +tea 1 c� � jC2-)-1 STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before meC%�1'�.�1� ��, to me known to be the of a fs _{'�C,_U,-N that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 71""' day of , 202( - - Notary's signature �' I Notary �'��'"e Notary's printed name state of Washingty;' BUDDY 1t3USSFR Notary Public i and for the State of Washington. Co"""5tC)N# A44165 My commission expires �3 MY GQM0,SION EXPIRES Aww3t 3? � 2fl22 CONCESSIONAIRE AGREEMENT - 7 - 3/2017 c17Y OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ► ,�vev. WyOf ed6,fOh K?V. COM EXHIBIT "A" CONCESSION SERVICES 1. Contractor shall provide Concession Services at concession stands ("Concession Stands") located at the below listed park, in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. a. Concessions Services shall include: The provision of quality concessions food and drink items with exceptional customer service. b. Location #1: Steel Lake Park 2410 S. 312th St. Federal Way, WA 98003 bl . 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 Wednesday Thursday Friday Saturday Sunday 9:00am 10:00am 11:00am Open Open Open Open Open Open Open 12:00pm 1:00pm 2:00pm 3:00pm Close for Cleaning Close for Cleaning Close for Cleaning Close for Cleaning Close for Cleaning Close for Cleaning Close for Cleaning 3:30pm Re -Open Re -Open Re -Open Re -Open Re -Open Re -Open Re -Open 4:00pm 5:00prn 6:00pm 7:00pm 8:00pm Closed Closed Closed Closed Closed Closed Closed 8:30pm Final Cleaning Final Cleaning Final Cleaning Final Cleaning Final Clea nine Final Cleaning FinalCleaning 9:00pm =Closed = Open Hours may vary depending on weather and traffic conditions. (b)(2) Equipment list: In accordance with paragraph 7 below, Contractor will provide the following equipment at his own expense. Equipment: • Freezers: to contain frozen goods. • Refrigerators: to contain cold goods. • Portable A/C and Fans: to maintain a cool temperature. CONCESSIONAIRE AGREEMENT - 8 - 3/2017 Ci Y Y OF CITY HALL Federal 1�11ay 8th Avenue South Feder Federal Way, WA 98003-6325 _4s�(253) 835-7000 wvw cityoffederahvay com • Microwave and Convection Oven: to cook food. • Hot Dog Roller: to cook hot dogs. Coffee Machine: to brew coffee. • Register and Tablet: to accept and manage payments. • Mops, Clorox Wipes, and similar items: to clean and maintain a clean facility. • Clear Protective Shield: to create a barrier between customers and employees. (b)(3) Services • Sell goods to customers. • Provide a clean and safe facility/environment. • Provide eating utensils. • Provide sanitization items. • Provide an overall great customer service. • Provide information related to the park and facilities. An explanation of routine cleaning mid preventative maintenance schedules intended to assure an attractive appearance for equipment and prevent operations problems. • The facility will be cleaned often. After every client interaction, the counter, where the transaction and interaction took place, will be wiped down. The employees will be required to wipe every surface area and equipment down properly every hour. • There will be a 30-minute closing done mid -day, so that the employee can wipe every surface area and equipment down, as well as mop the facility and restock all the inventory. They will also perform a sweep and wipe down on the outer side of the facility where customers stand. • At the end of the day, the employees will do another thorough cleaning of the facility inside and outside. • The outside area of the facility, where customers stand, will be washed and cleaned every week with the use of a hot water hose, to wash away any residue and dirt near the facility front. An explanation of cash handling techniques and reporting_sales revenues to the City of monthly_ reports. • A cash register will record every transaction that occurs. If a customer is using a credit/debit card instead of cash, the Contractor will charge the transaction through the Square app installed into out tablets. • The final receipt of the day will be recorded and entered into the monthly breakdown spreadsheet, which will be used to help estimate the monthly commission paid to the City. b4. Pricing. In accordance with paragraph 2, 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. Contractor will offer the following items at the indicated prices: Ice Cream: • Bomb Pops (5 variety) $2.50 • Snow Cones (2 variety) $2.50 • Big Dippers (3 variety) $3.00 CONCESSIONAIRE AGREEMENT - 9 - 3/2017 4CITY OF §-, Federal Way • Big Sandwiches (5 variety) • Character Popsicles (10 variety) • Real Fruit Bars (3 variety) • Ice Cream Cups (3 variety) • Frozen Icee Cups (5 variety) Mexican Popsicles (5 variety) • Popsicle Bars (4 variety) • Ice Cream Bars (4 variety) Snacks: • Chips (5 variety) • Cookies (2 variety) • Fruit Snacks (4 variety) • Nuts (4 variety) • Beef Jerky (1 variety) • Energy Bars (2 variety) Candy: • Chocolate Bars (3 variety) • Candy Packs (5 variety) • Lollipops (2 variety) • Mexican Candy (1 variety) • Fruity Licorice (1 variety) Hot Food: • Pizza (3 variety) • Sandwiches (3 variety) • Hot Dog Combo • Chicken Bake • Popcorn Beverages: • Soda Canned (8 variety) • Soda Bottled (5 variety) • Water • Sports Drinks (6 variety) • Arizona Teas (3 variety) • Fruit Drinks (4 variety) • Energy Drinks (4 variety) • Starbucks Cold Coffee (2 variety) CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www Wyoffederalway com $3.00 $3.00 $3.00 $3.50 $2.50 - $3.50 $2.50 $2.00 $3.00 $1.00 - $2.50 $1.00 $1.00 $1.00 $1.00 $2.00 $1.50 $1.50 $1.00 for 3 or $0.3 5 ea $1.00 $1.00 for 3 or $0.35 ea $3.50 $3.50 $3.50 $3.50 $1.00 $1.00 $1.50 $1.00 $1.50 $1.50 $1.50 - $2.00 $3.00 $3.00 CONCESSIONAIRE AGREEMENT - 10 - 3/2017 CITY OF � Federal way C. Location #2: Celebration Park — Lower Chase 1095 S 324t" St Federal Way, WA 98003 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com (c)(1) 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. ■ Business will only operate during events, such as city events, tournament events, and similar events. • Business will open one hour prior to the start of the events, and 30 mins —one hour after event is expected to end. • Business will also operate Friday through Sundays from 3pm to 8pm. • Business hours may vary according to weather and traffic. (c)(2) Equipment list: In accordance with paragraph 7 below, Contractor will provide the following equipment at his own expense. Equipment: Freezers: to contain frozen goods. D Refrigerators: to contain cold goods. 6 Portable A/C and Fans: to maintain a cool temperature. 9 Microwave and Convection Oven: to cook food. • Hot Dog Roller: to cook hot dogs. • Coffee Machine: to brew coffee. • Register and Tablet: to accept and manage payments. • Mops, Clorox Wipes, etc.: to clean and maintain a clean facility. Clear Protective Shield: to create a barrier between customers and employees. (c)(3) Services. • Sell goods to customers. Provide a clean and safe facility/environment. • Provide eating utensils. • Provide sanitization items. • Provide an overall great customer service. • Provide information related to the park and facilities. An exlanation of routine cleaning and preventative maintenance schedules intended to assure an attractive appearance for equipment and prevent operations problems. s The facility will be cleaned often. After every client interaction, the counter, where the transaction and interaction took place, will be wiped down. The employees will be required to wipe every surface area and equipment down properly every hour. There will be a 30-minute closing done mid -day, so that the employee can wipe every surface area and equipment down, as well as mop the facility and restock all the inventory. CONCESSIONAIRE AGREEMENT - 11 - 3/2017 CITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 s�vbv. cityoffederaAvay com They will also perform a sweep and wipe down on the outer side of the facility where customers stand. • At the end of the day, the employees will do another thorough cleaning of the facility inside and outside. ■ The outside area of the facility, where customers stand, will be washed and cleaned every week with the use of a hot water hose, to wash away any residue and dirt near the facility front. An explanation of cash handling techniques and reporting sales revenues to the City of monthly_ reports. • A cash register will record every transaction that occurs. If a customer is using a credit/debit card instead of cash, we will charge the transaction through the Square app installed into out tablets. • The fmal receipt of the day will be recorded and entered into the monthly breakdown spreadsheet, which will be used to help estimate the monthly commission paid to the city. (c)(4) Pricing. In accordance with paragraph 2, 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. Contractor will offer the following items at the indicated prices: Ice Cream: + Bomb Pops (5 variety) $2.50 • Snow Cones (2 variety) $2.50 + Big Dippers (3 variety) $3.00 ■ Big Sandwiches (5 variety) $3.00 ■ Character Popsicles (10 variety) $3.00 ■ Real Fruit Bars (3 variety) $3.00 Ice Cream Cups (3 variety) $3.50 ■ Frozen Icee Cups (5 variety) $2.50 - $3.50 Mexican Popsicles (5 variety) $2.50 s Popsicle Bars (4 variety) $2.00 • Ice Cream Bars (4 variety) $3.00 Snacks: ■ Chips (5 variety) $1.00 - $2.50 r Cookies (2 variety) $1.00 + Fruit Snacks (4 variety) $1.00 • Nuts (4 variety) $1.00 + Beef Jerky (1 variety) $1.00 ■ Energy Bars (2 variety) $2.00 CONCESSIONAIRE AGREEMENT - 12 - 3/2017 CITY OF L Federal Way Candy: • Chocolate Bars (3 variety) • Candy Packs (5 variety) r Lollipops (2 variety) ■ Mexican Candy (1 variety) ■ Fruity Licorice (1 variety) Hot Food: ■ Pizza (3 variety) • Sandwiches (3 variety) • Hot Dog Combo a Chicken Bake r Popcorn Beverages: ■ Soda Canned (4 variety) • Soda Bottled (3 variety) • Water • Sports Drinks (3 variety) + Energy Drinks (2 variety) Cold Coffee (2 variety) CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 m4 w cityoffederalway. com $1.50 $1.50 $1.00 for 3 or $0.35 ea $1.00 $1.00 for 3 or $0.35 ea $3.50 $3.50 $3.50 $3.50 $1.00 $1.00 $1.50 $1.00 $1.50 $3.00 $3.00 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 CONCESSIONAIRE AGREEMENT - 13 - 3/2017 A4%CITY OF s. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 wwe v cilyoffederalway com Contractor is not adequately staffing the Concession Stands, it may notify Contractor of that fact and Contractor shall immediately increase its staffing to meet the City's recommendation. 7. Concession Equipment. a. Delivery. Contractor agrees to deliver and/or install, within (six) weeks from the execution of this Agreement, at its sole cost and expense, the concession facilities, machines and equipment described below. ("Concession Equipment"). b. Alterations. Contractor shall not make any alterations, additions or improvements to the Concession Stands or to the Concession Equipment without the City's prior written consent, which consent may be withheld for any reason. In the event the City consents to the making of any alterations, additions or improvements to the Concession Stands and/or Concession Equipment, the same shall be made at Contractor's sole cost and expense, and in the event such alterations, additions or improvements are made to a structure, building or other improvement attached to the real property, the same will become a part of the real property and be surrendered to the City upon the termination of this Agreement. The City has no obligation to alter, remodel, improve, repair, decorate or paint the Concession Stands. Any permitted alterations will be executed to code, if applicable. C. Removal. i. Steel Lake: On or before January 31, 2026, 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. ii. Celebration Park -Lower Chase: On or before January 31, 2026, 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. If vendor wants the City to dispose a mutually agreed upon fee will be charged. Vendor must set any garbage remove up a minimum of 7 days prior to any anticipated labor request 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 CONCESSIONAIRE AGREEMENT - 14 - 3/2017 Q:v OF CITY HALE Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 w vw. cityoffederalway com by the City. The sale of the Concession Equipment shall not constitute an election of remedies by the City but will be in addition to any remedies available to the City at law, in equity, by statute or under this Agreement. 8. Compliance with laws Contractor shall comply with and perform the Work in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended, including but not limited to the following: (i) Federal, state and local health, safety and licensing laws relating to food handling and the sale of concession goods, including orders and guidelines related to COVID-19; (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 - 15 - 3/2017 CITY OF � Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwcityoffederatway. com Compensation. a. Steel Lake Park: The Contractor agrees to pay the City an amount equal to twenty three percent (23 %) 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. b. Celebration Park -Lower Chase: The Contractor agrees to pay the City an amount equal to twenty three 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 10' day of each month for Gross Monthly Revenue received during the preceding month ("Due Date"). 3. Access to Records. Contractor shall provide a written statement to the City on the Due Date showing the total Gross Monthly Revenue for the preceding month ("Statement"). Contractor will provide the City or the City's agents or representatives reasonable access to the books and records of Contractor for the purposes of auditing and inspecting the same to verify the Statement. The records shall include documents from which the original transaction entry was made, including sales slips, cash register tapes, and/or purchase invoices. 4. Cash Registers. All sales, other than sales from vending machines, shall be recorded by cash registers, which display to the customer the amount of the sale and automatically issue receipts certifying the transaction amount. The cash registers shall be equipped with devices which lock in sales totals, transaction records, produce duplicate audit tape, contain counters which cannot be reset and which record the transaction numbers and sales details on such tape. Any errors shall be noted by Contractor on the audit tape with an explanation. Cash register readings shall be recorded by Contractor at the beginning and the end of each business day. 5. Late Fee. Contractor acknowledges that late payment to the City of the Percentage Payment will cause the City to incur costs not contemplated by this Agreement, the exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment is not received by the City on the Due Date, Contractor agrees to pay a late fee equal to Twenty -Five and No/100 Dollars ($25.00). 6. Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement; including, but not limited to, Leasehold Excise Tax, currently at a rate not to exceed 12.84%. 7. Utilities, Taxes and Expenses. Contractor shall pay all costs and expenses associated with the operation of the Concession Stands other than utility expenses for water and power, which will be paid by the City. Contractor shall pay directly, before delinquency, any and all taxes levied or assessed upon its leasehold improvements, equipment, furniture, fixtures and personal property located on the City's property. CONCESSIONAIRE AGREEMENT - 16 - 3/2017 �R CERTIFICATE OF LIABILITY INSURANCE DATE /032021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subJGct to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsementls). , PRODUCER AGENCYIINSURANCE 10120 SE 260TH ST SUITE # 210 KENT WA 98030 INSURED MANJIT KAUR GREWAL DBA: HS ICE CREAM 2415 S 284TH PL FEDERAL WAY WA 98003 SAM GILL F�tl 253-236-4123 WC Nsj. 253.23o-V578 t agencylinsurance@gmail.00m _IH8UR$Ri6} "RDINQ COVENJIGE _ _ _ _ _ NAIC A. OHIO SECURITY INSURANCE COMPANY 77� 24082 B: 1 10URIE D — INSURER E : COVERAGES CERTIFICATE NUMBER: RFVICInM kUlular-0, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO 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 SE 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. INGR TYPEOFINSURIWCE .ADDLINSRIsUBRMM i POLICYN > �Lrly' x I — LIMITS - — GENERAL LIABILITY EACH OCCURRENCE 5 i,00p,000 X COMMERC14L GENMAL LMILRY �MAGl= T611ENT'E0' PREhtl3gLEpcoo urffir"; i 1,000,000 A _ CLAIMS -MADE OCCUR ' MED EIEP (e�ny orn Parson} S 15,000 — — 1 62838394 03/01/2021 03/01/2022 ` PERSONAL & ADV IHJUR $ _t.000,000 I ! GENERALAGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS • CO_MP+t]PRGG $ 2,000,000 I PRE �j POLICY I LOC $ AUTOMOBILE LIABILITY CO&,SB NEO SINGLE UMIT ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per person) 5 . AUTOS f X] AUTOS ' NON -OWNED BODILY INJURY (Per accident) $ HIRED AUTOS AUTOS PROPERTY DAMAGE aoddsGS1 $ UIM BI PD-CSL s UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MIWE� EACH OCCURRENCE AGGREGATE DE0 RETENTION 5 I is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WG STATU- Qrt1- , TORY►IEM ANY PROPRlETGR/PARTNERIEXECUTIVE 1 EXCLUDED? N / A LJ.. EACH ACCIDENT 3CFFiCERIMEMBER (Mandamry In NH) 1 Ityyes, describe under E.L DISEASE FA EMPLO ��T�� DESCRIPTION OF OPERATIONS below E.L. DISEASE. • POLICY LIMIT 9 DESCRDPTION OF OPERATIONS I LOCATIONS ( VEHICLES (Attach ACORD 101, Additional Rsmarka Schedule, Ilmore space le rsqulred) LOC # 2 2410 S 312TH ST FEDERAL WAY WA 98003 CERTIFICATE HOLDER CANCELLATION CITY OF FEDERAL WAY 33325 8TH AVE S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FEDERAL WAY WA 98003 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE S:S��4' ACORD 25 (2010105) 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 'X CERTIFICATE OF LIABILITY INSURANCE I -0 03-/2�;'YYYY' 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. Imr► K l AIY 1: IT ine cerullcate harder Is an ADDITIONAL INSURED, the policy(les) 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 I[au of such endorsement(&). PRODUCER AGENCYIINSURANCE 10120 SE 260TH ST SUITE # 210 KENT WA 98030 INSURED MANJIT KAUR GREWAL DBA: HS ICE CREAM 2415 S 284TH PL FEDERAL WAY WA 98003 HIE: SAM GILL PHONE 253-236-412-3— -- FA - . 34—- UNo•2 Ei@53-27E -- r - -- INSURER ] AFFORDING COVERAGE_ _ NAIC # _ INSURER A: OHIO SECURITY INSURANCE COMPANY 24082 INSURER a - — INSURER C :.— INSURER D : — — INSURER E : NUMBER: REVISION .. i..v �v r WVr- rWF% 1nC ruus,T rtKlULJ 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. Ri&R ADDI SUER 1 POLICY POLICYEXP LIMITS 7R TYPEOFINSURANCEirisii JUVI), GENERAL LIABILITY ' EACH OCCURRENCE S 1,000,000 A COMMERCIAL GENERAL LIABILITY I + P�1 EMI$ESOi ynr�—. S 1,000,000 CLAIMS -MADE OCCUR 1 MED FXP one e S 15,000 (p,ny�r li�__ — I 82836394 03/01/2021 03l01/2022 J PERSONALflADVIIMURY S 1,000.000 - ` 1 — I G[iNERALAOGREGATE f 2.000,000 GENLA[3SiRE[3ATELIMITAPrPLDEBPER: PRODUCT$-_COMPR7_PAGG # 2,000.000 POLICY f ! LOC �g v AUTOMOBILE LIABILITY SEI'1£D SINGLE LIMIT ANY AUTO BODILY INJURY (Per person) IS AUTOS OWNED X ; AUTOS I BODILY INJURY (Per ao0danl)_ HIRED AUTOS - AUTNON OS PROPERTY DAMAGE —Ta — - IPer@cddqnU f UIM BI PD-CSL $ UMBRELLA LIAR OCCUR EXCESS LIAB •- --- -- _ OLAIM3-iNAOE DED I I RETENMN S + j WORKERS COMPENSATION j AND EMPLOYERS' LIABILITY YIN ANY PROPMETOWPARTNEWE%ECUTiVE 3 f OFFICERIMEMBER EXCLUDED? �I N / A Ileend.9— 1. MW i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ANech ACORD 101, Addldonol Remarks Schedule, If more space Is required) LOC # 1 1095 S 324TH PL FEDERAL WAY WA 98003 5930 L.Cri I INLA I C r1ULIJk:K CITY OF FEDERAL WAY 33325 8TH AVE S FEDERAL WAY WA 98003 EACH OCCURRENCE i �ACiGRlrf3ATE Sa i IS F.L. EACH ACCIDENT I S E.L. DISEASE -EAEMPLOYEk S I E.L. DISEASE -POLICY LBdrr S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL Be DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE s sou ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Autumn Gressett From: Manjit Grewal <sukhem@outlook.com> Sent: Thursday, March 18, 2021 12:25 PM To: Autumn Gressett; 'sukhem grewal' Cc: Rob Ettinger Subject: Re: Contract [EXTERNAL EMAIL WARNIING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hello I give permission to edits needed on my behalf. Thankyou Manjit From: Autumn Gressett <Autumn.Gressett@cityoffederalway.com> Sent: Thursday, March 18, 2021 8:56 AM To:'sukhem grewal' <sukhem@hotmail.com> Cc: Rob Ettinger <Rob.Ettinger@cityoffederalway.com>; mom <sukhem@outlook.com> Subject: RE: Contract Good Morning Manjit, Do you give permission for me to make edits to the front page of the contract, as well as hand -write the edit on the signature page to reflect "Manjit K Grewal, dba H.S. Ice Cream" instead of "H.S. Ice Cream"? Sukhem — Rob will be responding in regards to your COVID-19 and opening date questions. Thank you! From: sukhem grewal <sukhem@hotmail.com> Sent: Tuesday, March 16, 20214:03 PM To: Autumn Gressett <Autumn.Gressett@cityoffederalway.com> Cc: Rob Ettinger <Rob.Ettinger@cityoffederalway.com>; mom <sukhem@outlook.com> Subject: RE: Contract [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hey Autumn. Whatever is the most convenient and easiest possible method of getting this done, will be perfect with us. I will CC her email into this as well. Also, when it comes to the shops, do we have an idea of opening dates? Are there set guidelines or expectations from the city regarding our operations because of this Covid-19 Climate? Attached is the Business License and the Registration. If you need anything else from me, please let me know. Thank you. Sukhem grewal Sent from Mail for Windows 10 From: Autumn Gressett Sent: Tuesday, March 16, 2021 11:50 AM To: 'sukhem grewal' Cc: Rob Ettinger Subject: Contract Importance: High Good Morning Sukhem, The contract has come back from legal and there are a couple edits that need to be done. I can edit these and send you an entirely new contract or with written permission given via email from Manjit K Grewal, I can just edit them on the current contract and initial the changes. The change that needs to be made is how the company is listed. It is currently listed at "H.S. Ice Cream" but needs to be listed as "Manjit K Grewal, dba H.S. Ice Cream". This is due to the way the business is registered with the State of WA. In addition, can you please send me a copy of your federal way business license? Thank you, ,4u&"ni116rVOett Community Relations Liaison, Performing Arts and Event Center Contract Administrator, Department of Parks, Recreation & Cultural Services CFederal WaY centered on Qppwtunity 253.263.5778 1 Cell 31510 Pete von Reichbauer Way S Federal Way, WA 98003 Facebook I Website