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AG 22-071 - A-O ENTERTAINMENT, LLCRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV. FWCC 2. ORIGINATING STAFF PERSON: Trisha Plucknett EXT: 6921 3. DATE REQ. BY. 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT 91 GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Zorba Ball Attraction at Red, White, & Blues Festival 6. NAME OF CONTRACTOR: A-O Entertainment, LLC ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURENAME: Dennis Corbett TITLE owner 7. EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES 9 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE A ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: July 5, 2022 9. TOTAL COMPENSATION $ $250.00 payable to the City (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 RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: "'" 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER KH 3/8/22 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) • LAW JE 3/11/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL 1 DATE SIGNED AW DEPARTMENT �-y SIGNOf ATORY (MAYOR OR DIRECTOR) r CITY CLERK 1"t ❑ ASSIGNED AG# A """ 22-071 COMMENTS: 2/20I7 CITY OF CITY HALL Federal Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn CONCESSIONAIRE AGREEMENT FOR RED, WHITE AND BLUES FESTIVAL This Concessionaire Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and A-O Entertainment LLC, a Washington limited liability company ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: A-O ENTERTAINMENT, LLC: Dennis Corbett 1709 SW 323rd St Federal Way, WA 98023 (253) 332-0607 (telephone) com The Parties agree as follows: CITY OF FEDERAL WAY: Kevin Hutchinson 876 S 333rd St Federal Way, WA 98003-6325 (253) 835-6927 (telephone) (253) 835-6929 (facsimile) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of Services, but in any event no later than July 5, 2022 ("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. 2.3 Time Documentation and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. CONCESSIONAIRE AGREEMENT - 1 - RWBF — 7/2021 CITY OF CITY HALL Federa Way8th Avenue South Feder Federal Way. WA 98003-6325 (253) 835-7000 www dtyoffederalway 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 9 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Flat rate Payment. The Contractor agrees to pay the City a one-time payment of Two Hundred Fifty and NO/100 Dollars ($250.00). 4.2 Method of Payment. The Flat Rate Payment to the City is due from the Contractor at the time this Agreement is executed. 4.3 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. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that 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. CONCESSIONAIRE AGREEMENT - 2 - RWBF — 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway. com 5.3 City hidemnification. 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: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "B" 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. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. CONCESSIONAIRE AGREEMENT - 3 - RWBF — 7/2021 C17Y OF CITY HALL Federal WayFeder 8th Avenue South 4! Federal Way: WA 98003-6325 (253) 835-7000 vvww cityoffederalway. con) 8. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 8.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 8.2 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 8.3 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. 9. 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. 10. E UAL 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 CONCESSIONAIRE AGREEMENT - 4 - RWBF — 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com 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. 11. GENERAL PROVISIONS. 11.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 11.2 Non -Exclusive Right. This Agreement does not grant the Contractor an exclusive right to distribute its products. The City reserves the right to grant to other persons or entities any of the rights contained herein or otherwise. 11.3 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. 11.4 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. 11.5 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 CONCESSIONAIRE AGREEMENT - 5 - RWBF — 7/2021 CITY OF CITY HALL Aw Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 vvww cityoffederatway com 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 maybe 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 attorneys 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. 11.6 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 - RWBF — 7/2021 CITY 4F CITY HALL Federal llll�y Feder 8th Avenue South 8003 Federal Way. VVA 98003�325 (253)835-7000 vAti v Oyo ffedea3h vay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: L >JoFtton.Park el��Clo r DATE: (!/ // 7 4 02Z A-O FRTAINMENT. LLC By: ennis Corhe , caner DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ATTEST: 1, yan Call, Ci Attorney On this day personally appeared before me Dennis Corbett, to me known to be the Owner of A-O Entertainment. 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. l n GIVEN my hand and official seal this day of '" 1 , 201.02 Notary's signature Notary Public Notary's printed name State of Washington Notary P bl in and for the 5 ate of Washington. SHEL�ON R GARCiA M commission ex fires f LICENSE # 196696 y p !'an pq MY COMMISSION EXPIRES AUGUST 31, 2024 CONCESSIONAIRE AGREEMENT - 7 - RWBF — 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT "A" CONCESSIONAIRE SERVICES 1. Contractor shall provide a hamster ball racing attraction ("Zorb Ball") in a designated area during the City's Red, White and Blues Festival ("Event") located at Celebration 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: A-O Entertainment will provide services for the City of Federal Way's Red, White and Blues Festival. They will be utilizing inflatable hamster balls ("Zorb Balls") that will roll across a 75-foot- long, 20-foot-wide inflatable track. These activities will be available for both kids and adults. Contractor may place reasonable age/size limitations for safety precautions b. Location: Celebration Park 1095 S 324th St Federal Way, WA 98003 C. Hours of Operation: The Concession Stands shall remain open during the hours of operation set forth below unless the City's designated contact notifies the Contractor of other hours of operation. Such hours of operation shall be posted in a conspicuous place on the Concession Stand(s). July 4, 2022 Zorb Ball will be open to the public from 4:00pm until 9:00pm d. Equipment list: • Giant inflatable hamster balls ("Zorb Balls") • 75-foot-long, 20-foot-wide inflatable track • Any related equipment needed to properly and safely operate e. Services. All services offered by Contractor to the public shall be approved in writing by the City prior to services being provided. Contractor shall comply with any reasonable requests made by the City to either add or eliminate specific services. f. Pricing: Contractor will charge Seven Dollars and NO/100 ($7.00) per ticket. All pricing of any services provided must be competitive and must be approved in writing by the City. Contractor may not change any pricing without the City's prior written consent, which consent may be withheld for any reason. CONCESSIONAIRE AGREEMENT - 8 - RWBF — 3/2017 CITY OF CITY HALL South Federal Way Feder 8th Avenue 8003 Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway. com 2. Customer Service. Contractor and all of its employees, agents, or representatives shall provide the highest quality of customer service and shall treat all customers with courtesy and respect. Contractor shall honor all reasonable requests for refunds including requests from customers that are dissatisfied with any food, beverage or other product sold by Contractor or from customers who have lost money in any vending machine owned by Contractor. 3. Employee Appearance. All of Contractor's employees, agents, representatives or licensees shall have a neat, clean and sanitary personal appearance and those who come in direct contact with the public shall wear clothing or identification, which distinguishes them as employees of Contractor. 4. Employee Training. Contractor shall provide a training program for its employees, agents, or representatives for the development of the skills and techniques necessary to perform its obligations under this Agreement including but not limited to promoting customer service, produce and service presentation, cleanliness, positive attitude and promoting the City Parks and Recreation Department's philosophy and policy. 5. Staffing. The Concession Stands shall be properly staffed in order to prevent undue delay to the public. Contractor shall plan its staffing in advance and anticipate to the best of its ability any events, such as holidays or special events, 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. 6. Concession Equipment. a. Delivery. Contractor agrees to deliver and/or install, 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 maybe 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. C. Removal. Celebration Park: After the Red, White, and Blues Festival on July 4, 2022, 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. 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, CONCESSIONAIRE AGREEMENT - 9 _ RWBF — 3/2017 ctTr OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 pursuant to this agreement, the City may, but in no event is the City obligated to, remove the Concession Equipment or perform the maintenance or repair and the Contractor shall, upon demand, immediately pay the City the costs and expenses of such removal, maintenance or repair. In the event Contractor fails to comply with the terms of this paragraph, the City may confiscate the Concession Equipment or any part thereof and sell the same, the proceeds of which sale will be credited against any costs or expenses incurred by the City. The sale of the Concession Equipment shall not constitute an election of remedies by the City but will be in addition to any remedies available to the City at law, in equity, by statute or under this Agreement. 7. Compliance with laws Contractor shall comply with and perform the Work in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended, including but not limited to the following: a. Federal, state and local health, safety and licensing laws relating to the sale of concession goods; b. City code provisions requiring any person or entity doing business in the City to obtain a business registration; and C. City Parks and Recreation Department policies, including, but not limited to, its concession policy. CONCESSIONAIRE AGREEMENT - 10 - RWBF — 3/2017 •r�� DATE (MMIDDIYYYY) �►�� r� CERTIFICATE OF LIABILITY INSURANCE 06112/2022 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(ieO 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). CONTACT PRODUCER INANE: Eventsured Customer Service WHVNE 888-882-5902 lux Foresite Sports, Inc. EAVAJLz- n*1;. — - E•rr` R Info evantsured.com DBA: Eventsured aooREss: 24 S. Newtown Street Road _ _WSURERIS) AFFORDING COVERAGE NAIC # Newtown SOUar@, PA 19073 [NsuRffrA; Houston Casualfy Company_ 42374 INSURED INSURER S! _ A-O Entertainment, LLC INSURERC, dennis Corbett INSUR" o-- 1709 SW 323 ST rNSURER E_— i Federal Way, WA 98001 INSURER F: COVERAGES CERTIFICATE NUMBER: TM242773 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. iNSRf iU7i7CTsSR - - - oUCY FF POLICYE7tP LIMITS LTR TYPE OF INSURANCE II a POLICY NUMBER �M M+DO M D I , I EACH OCCURRENCE S 1,000,00 GENERAL LIABILITY vv n 1 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE " I OCCUR A x Y H21SE000061TM242773 07/04/2022 12:01AM 07/05/2022 2:01AM �GEYD r1ENTE0 �pREMlaES E 7C +men 1 MI ED EXP Gin y oro person E 100,000 s 1,000 PERSONAL&ADVINJURY $ 1000,U00 GENERAL AGGREGATE $ 2,000,000 PR(MUCTS - COMPIOP AGG S 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY I PRO- f LOC AUTOMOBILE LIABILITY DEDUCTIBLE COMBINED SINGLE LIMIT E O — - BODILY INJURY (Per person) S • -i ANY AUTO ALL OWNED SCHEDULED j AUTOS AUTOS NON -OWNED H HIRED AUTOS AUTOS — $ BODILY INJURY (Per accident) —PROPERTY OAM/1Gf Prr=ddunf E _ $ UMBRELLA LIAR OCCUR EACH OMURRENCE S AGGREGATE S I EXCESS LIAR I CLAIMS -MADE WC $TATLL AjB�,Ll E I QED RETENTION S WORKERS COMPENSATION CID EI. EACH ACCIDENT E AND EMPLOYERS' LIABILITY Y r N ANY RI PARTNERIEJ[ECUTEVE A EL.DISEASE - EA EMPLOYE E -- OFFICER/MEMBERE7SCLUDED7 ❑` GEMMEMa (Mamiarory In HH) N / If nys• de xmbe under :DESCRIPTION OF OPERATIONS W *W IIII EL DISEASE - POLICY LIMIT S DESCRIPTION of OPERATIONS r LC CATIONS I VEHICLES (Attach AC ORD 101, Add;fionul Remar" Sc hsdWa, T mare apaoe la reyuirad) Additional Insureds must be venue managers or municipalilles and are added with respect to our Insured I; operations Only. Waiver of Subrogation (WOS) and Primary A Non•Corridbutory (PNC) wordtrig applies only when coverage is purchased by the insured, required by written contract and as indicated below. This coverage is with respect to the Bazaar to be held an 07104112022 - 07/0412022 with 500 attendees at CDlebratiort Park 33325 81h Ave So Federal Way,. WA 98003- Addilionai Insureds include: Celebration Park 33325 81h Ave So Federal Way,, WA 98003; The City of Federal Way (33325 8ih Ave. S, Fadersl Way, WA 98003. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave So Federal Way, WA 98003 AUTHORIZED REPRESENTATIVE 1 ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 6/14/22, 10:35 AM Washington State Department of Revenue < Business Lookup License Information: Entity name: A-O ENTERTAINMENT LLC Business name: A-O ENTERTAINMENT Entity type: Limited Liability Company UBI #: 603-515-972 Business ID: 001 Location ID: 0001 Location: Active Location address: 1709 SW 323RD ST FEDERAL WAY WA 98023-5407 Mailing address: 1709 SW 323 ST FEDERAL WAY WA 98023-5306 New search Back to results https://secure.dor.wa.gov/gteunauth/_/#5 1 /3 6/14/22, 10:35 AM Excise tax and reseller permit status: Washington State Department of Revenue Click here Secretary of State status: Click here Endorsements Endorsements held at this to License # Count Details Status Expiration da First issuance Federal Way General Active Jun-30-2023 Jan-27-2020 Business Governing People May include governing people not registered with Secretary of State Governing people CORBETT, DENNIS Registered Trade Names Registered trade names First issued A-O ENTERTAINMENT Active Oct-14-2016 The Business Lookup information is updated nightly. Search date and time: 6/14/2022 10:34:13 AM https://secure.dor.wa.gov/gteunauth/_/#5 2/3 Mary Jaenicke From: Trisha Plucknett Sent: Monday, June 13, 2022 12:19 PM To: Mary Jaenicke Subject: FW: Event Insurance Documents Here is Dennis's confirmation of the changes. Thank you! Trisha Plucknett Administrative Assistant II City of Federal Way (253)835-6921 COMMUWW NMT CENTER From: Kevin Hutchinson <Kevin.Hutchinson@cityoffederalway.com> Sent: Monday, June 13, 2022 11:40 AM To: Trisha Plucknett <Trisha.Plucknett@cityoffederalway.com> Subject: FW: Event Insurance Documents Will this suffice? From: Den corbett <aoenterkainment@hotmail.com> Sent: Monday, June 13, 2022 11:38 AM To: Kevin Hutchinson <Kevin.Hutchinson@cityoffederalway.com> Subject: Re: Event Insurance Documents [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. Yes, I confirm. Dennis Get Outlook for Android From: Kevin Hutchinson <Kevin.Hutchinson@citvoffederalway.com> Sent: Monday, June 13, 2022 10:46:40 AM To:'Den corbett' <aoentertainment@hotmail.com> Subject: RE: Event Insurance Documents Thanks Dennis! I have passed this along. Can you give me confirmation that you agree to the changes in the contract that I had emailed over last week? Thanks, Kevin Hutchinson lnclusion Coordinator City of Federal Way (253)835-6927 Kevin,hutchinsont@citvoffedemlway.com From: Den corbett <aoentertainment@hotmail.com> Sent: Monday, June 13, 2022 7:27 AM To: Kevin Hutchinson <Kevin.Hutchinson@cityoffederalway.com> Subject: Fwd: Event Insurance Documents [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. Good morning Kev I'm sending you an updated version of my insurance as you requested and I updated my license let me know if you need anything else let me know if this will work for you got to go to work I got to go to work bye bye have a nice day Kevin Dennis Get Outlook for Android From: Eventsured <info@eventsured.com> Sent: Monday, June 13, 2022 7:25:17 AM To: aoentertainment@hotmail.com <aoentertainment@hotmail.com> Subject: Event Insurance Documents dennis, Attached to this email are the requested event insurance document(s). Please feel free to reply to this email if you have any further questions. We have enjoyed assisting you on this event and wish you the best of luck with your event. Thank you, Eventsured Team llxl I = www.Eventsured.com 24 S. Newtown Street Road Newtown Square, PA 19073 P: 888-882-5902 «; 2022 Eventsured All rights reserved Mary Jaenicke From: Trisha Plucknett Sent: Monday, June 13, 2022 12:19 PM To: Mary Jaenicke Subject: FW: Certificate of Insurance (SEL).pdf Here is the original email Kevin sent with the changes Trisha Plucknett Administrative Assistant II City of Federal Way (253)835-6921 Feck-ral W.fy COMMUNi C E I EE From: Kevin Hutchinson <Kevin. Hutchinson @cityoffederalway.com> Sent: Monday, June 13, 2022 11:44 AM To: Trisha Plucknett <Trisha.Plucknett@cityoffederalway.com> Subject: FW: Certificate of Insurance (SEL).pdf Yup, here you go. From: Kevin Hutchinson <> Sent: Thursday, June 2, 2022 12:27 PM To: dennis corbett (denniscorbett hotmail.com) <denniscorbett@hotmail.com> Subject: FW: Certificate of Insurance (SEL).pdf Hi Again Dennis, Sorry to keep bugging you! I heard back from our contract specialist and there are a couple things that we need to get squared away: • We need your insurance to day "The City of Federal Way (33325 8th Ave. S, Federal Way, WA 98003)" as the additionally insured. On your certificate it listed Celebration Park. • Your business license with the City of Federal Way will expire on June 30th, so you'll need to renew that. • Lastly, they changed a couple of things on the contract- They changed the address on the contract to 1709 SW 323rd St. Federal Way, WA 98023 so that it matches the address on your certificate of insurance and business license. They also changed the insurance requirement on page 3 of the contract from $2 million to $1 million for each occurrence. I just need you to acknowledge those changes are ok via email and we can move forward. Please let me know if you have any questions. Sincerely, P,evin Yfutchinson Inclusion Coordinator City of Federal Way (253)835-6927 ifeWin.hutchinseTiR ityaFfederalway,com From: Trisha Plucknett <Trisha.Plucknett cit offederalwa .com> Sent: Thursday, June 2, 2022 12:00 PM To: Kevin Hutchinson <Kevin,Hutchinson cit offederalwa .com> Subject: RE: Certificate of Insurance (SEL).pdf We changed his address on the first page of the contract to 1709 SW 323rd St. Federal Way, WA 98023 so that it matches the address on his certificate of insurance and his business license. We also changed the insurance requirement on page 3 of the contract from $2 million to $1 million for each occurrence. Thanks! Trisha Plucknett Administrative Assistant II City of Federal Way (253)835-6921 Cred".,4 W.,y CENTER111111 From: Kevin Hutchinson <Kevin.Hutchinson @cityoffederalwa .com> Sent: Thursday, June 2, 2022 11:46 AM To: Trisha Plucknett <Trisha.PIucknett cit offederalwa .com> Subject: RE: Certificate of Insurance (SEL).pdf I can contact him and do it all at once. Can you send me the changes to the contract so I can pass it along to him? From: Trisha Plucknett <Trisha.Plucknett cit offederalwa .com> Sent: Thursday, June 2, 2022 9:30 AM To: Kevin Hutchinson <Kevin.Hutchinson@c!..tvoffederalway.com> Subject: RE: Certificate of Insurance (SEL).pdf Hey Kevin, A couple things on this contract — • We will need an updated certificate of insurance that lists the City of Federal Way (33325 8th Ave S. Federal Way, WA 98003) as the additional insured instead of the Celebration Park address. • His business license with the City also expires on June 30th so we will also need him to renew or update the business license with the City as well. We also made a couple minor changes to the contract that were not part of the original review process that he will need to acknowledge in writing (via email) that he accepts the changes. Would you prefer me to contact him regarding that piece or did you want to do it all at once? Let me know and I can send you over what those changes were. Thanks! Trisha Plucknett Administrative Assistant II City of Federal Way (253)835-6921 frd".d Way yy COMMU CENTER � From: Kevin Hutchinson <Kevin.Hutchinson cit ❑ffederalwa .com> Sent: Wednesday, June 1, 2022 9:31 AM To: Trisha Plucknett <Trisha.PIucknett @ cit offederalwa .com> Subject: FW: Certificate of Insurance (SEL).pdf From: Dennis Corbett <denniscorbett hotmail.com> Sent: Tuesday, May 31, 2022 3:48 PM To: Kevin Hutchinson <Kevin.Hutchinson@cityoffederalway.com>; Den corbett <aoentertainment@hotmail.corn> Subject: Fw: Certificate of Insurance (SEL).pdf [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. Here you go Kevin let me know if you need anything else Dennis From: Dennis Corbett <denniscorbett@hotmail.com> Sent: Tuesday, May 31, 2022 3:45 PM To: Den corbett <aoentertainment@hotmail.com>; Dennis Corbett <denniscorbett hotmail.com> Subject: Certificate of Insurance (SEL).pdf Get Outlook for Android