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HomeMy WebLinkAboutFoodies Friday Volunteer Park Vendor Agreements 04.30.21AGREEMENT CHECK SHEET c.Z>""'{) \R\e a ¼ouA k€ ✓ Certificate of Liability Insurance naming the City of Pasco as additional insured. JL_ Copy of Business License yopy of Food Handlers Permit __ Signed and Completed Vendor/Concession Agreement 1 VENDOR/CONCESSION AGREEMENT For 2021 Foodie's Friday Lunch Series at Volunteer Park 1. PARTIES. This Agreement (Agreement) is made and entered into as of ----~ 2021, by and between the City of Pasco, a municipal corporation (City) and t[;;,,/t L"c' ,,,,;· 7,r/• Ctic.S ttf A--(Vendor). The following is the official contact information that shall be used for correspondence between the parties: CITY OF PASCO Recreation Services 525 N. 3rd Ave Pasco, WA 99301 2. TERM. This Agreement, upon execution, shall commence at 11:00am on the~ day of ApriL 2021 and unless terminated for a breach or as provided herein, shall continue in full force until 1:00pm. on the 11 th day of June, 2021. 3. PREMISES. City hereby grants permission to Vendor to sell its goods/services during the 2021 Foodie's Friday Lunch Series food truck events at the specific day(s), tirne(s) and location(s) specified below. 3.1 Location. The West side ofN. 3 rd Ave next to Volunteer Park just North of Nixon St.. in the City of Pasco, County of Franklin, State of Washington. The premises consists of approximately a 25 x 10 foot area within the parking lane, more or less (referred to as the Premises), together with all improvements thereon and appurtenances thereto, as shown in Appendix A. 3.2 Dates/Times. All Foodie's Friday Lunch events will take place from 11:00am - 1 :OOpm. The Vendor has permission to sell its goods during these times at the location shown above on the following dates: April 23 Ji{_ April 30 }?( May21 ~ May28 (}!. May7 D June4 ~ May 14 • June 11 ~- 4. FEE. For the 2021 season there will be no fee for participation in the Foodie's Friday Lunch Series, but all applicable business licenses and health permits must be in place to participate. 5. VENDOR RIGHT. Vendor shall have the right during scheduled rentals (dates and times in 3.2 above) only, subject to the provisions set forth herein, to sell food and non-alcoholic beverages in the premises based on the agreed upon menu in Appendix C. 5.1 Equipment. Vendor shall supply, at its own expense, all equipment, fixtures, power, supplies and staff and other items required or necessary to provide sale of its goods/services to patrons of the Premises. 2 5 .2 Vendor is required to supply and use adequate electrical equipment. 6. VENDOR RIGHT COMPENSATION. Vendor must complete and sign this contract and keep all provision set forth here in for the right to sell the agreed upon goods/services (As specified in Appendix B) at Premises during the dates and times specified in Section 3 .2. 7. USE OF PREMISES. Vendor agrees that the premises shall be used by the Vendor exclusively for food and non-alcoholic beverage service and associated office use. Such use shall conform with applicable city ordinances and state and federal laws. No other usage of the area shall be allowed unless prior written consent is obtained from the Administrator & Community Services Director which shall be granted or not granted at the absolute discretion of the city. Vendor may not sublet any or all of the premises without prior written approval from the Administrator & Community Services Director. 8. DAYS AND TIME OF OPERATION. Vendor shall provide food and beverage services from the designated premises during the dates and times listed in Section 3 .2. 10. OTHER VENDOR RESPONSIBILITIES. In addition to providing the vendor services described above, Vendor shall provide the following: 10.1 Litter pick-up in and immediately around the designated premises at the close of service each day. 10.2 To present its employees as neat, clean and professional with clothing or identification which distinguishes them as employees of the Vendor. 10.3 To provide for City's review and secure the City's approval of the products and prices that it proposes to offer to patrons of the Premises. City's approval shall not be unreasonably withheld. 10.4 To maintain current and valid all applicable business licenses and health permits and abide by industry laws and standards in regards to food handling and mobile vending and COVID 19. 11. VENDOR PROVIDED EQUIPMENT. Cash registers shall be sealed and so designed as to show the customer the amount of the sale and to record accurately all the daily and monthly total gross receipts. 12. CITY'S REPRESENTATIONS, WARRANTIES AND COVENANTS. City hereby represents and warrants to Vendor that it has the full right, power and authority to grant use of the Premises to Vendor. Except as specifically set forth herein, neither City nor its agents have made any representations with respect to the Premises. No rights, easements, or licenses are acquired by Vendor by implication or otherwise except as expressly set forth in the provisions of this Agreement. The use of the property by the Vendor shall be conclusive evidence that the Premises were in good condition at the time possession was taken. VENDOR ACCEPTS THE PREMISES AS-IS. 3 13. EARLY TERMINATION. Either party may terminate this agreement by giving written notice of its intent to terminate 30 days in advance. 14. QUIET ENJOYMENT. City agrees that so long as Vendor observes and performs all of the agreements and covenants required of it hereunder, Vendor shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by City, its agents or employees. 15. TAXES. Vendor shall pay all truces assessed against and levied upon Vendor's trade fixtures, and all other personal property of Vendor contained in or around the Premises. 16. INDEMNIFICATION / HOLD HARMLESS. Vendor shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Vendor's use of Premises, or from the conduct of Vendor's business, or from any activity, work or thing done, permitted, or suffered by Vendor in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 17. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Vendor's operation and use of the Premises. 17 .1 Minimum Scope of Insurance. Vendor shall obtain insurance of the types described below: (a) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form GC 00 01 and shall cover premises and contractual liability. The City shall be named as insured on Vendor's Commercial General Liability insurance policy using ISO Additional Insured Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. (b) Property insurance shall be written on an all risk basis. 17.2 Minimum Amounts of Insurance. Vendor shall maintain the following insurance limits: (a) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. (b) Property insurance shall be written covering the full value of Vendor's property and improvements with no coinsurance provisions. 17 .3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 4 (a) The Vendor's insurance coverage shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and shall not contribute with it. (b) The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 17.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VTT. 17 .5 Verification of Coverage. Vendor shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Vendor. 17.6 Waiver of Subrogation. Vendor and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 17. 7 City's Property Insurance. City shall purchase and maintain during the term of the Agreement, all-risk property insurance covering the Premises for their full replacement value without any coinsurance provisions. 18. DAMAGE OR DESTRUCTION; CONDEMNATION. If the Premises are damaged or destroyed in whole or in part; or if the Premises or a substantial portion thereof were taken by condemnation or under the power of eminent domain, City may, at its option, elect to terminate this tenancy. 19. SURRENDER AT EXPIRATION. Upon expiration of the Agreement term or earlier termination on account of default, Vendor shall surrender the Premises in the same condition as at the commencement of the Agreement, reasonable wear and tear expected. 20. DEFAULT. Vendor shall be in default of this Agreement if it fails to comply with any term or condition or fulfill any obligation of the Agreement. In the event of a default, this Agreement may be terminated at the option of City by written notice to Vendor. Whether or not the Agreement is terminated by the election of Vendor or otherwise, City sha11 be entitled to recover damages from Vendor and City may retake possession of the Premises, and reserves any other remedy available to the City under the applicable law. 21. MISCELLANEOUS. 21.1 Environmental Compliance By Vendor. Vendor shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises. 21.2 Signs. Vendor shall not erect signage without City's prior written consent. 5 21.3 Non-waiver. Waiver by either party of strict performance of any provision of this Agreement shall not be a waiver or of prejudice to the party's right to require strict performance of the same provision or any other provision in the future. 21.4 Notices. Any notice required or permitted under this Agreement shall be deemed to have been given when actually delivered or 72 hours after deposited in the United States mail as certified mail addressed to the address first given in this Agreement or to such other address as may be specified from time to time by either of the parties in writing. 21.5 Time of Essence. Time is of the essence of the performance of each of the obligations under this Agreement. 21.6 Recording of Agreement. This Agreement shall not be recorded. 21.7 Vendor shall observe reasonable Rules and Regulations established and amended by City for the Premises from time to time upon 30 days advance, written notice from City to Vendor. Vendor shall have a reasonable opportunity to comment on proposed rules and regulations. 21.8 Assignment. Vendor shall not assign, transfer or grant to any third party the right to occupy the Premises or to sell food or beverages as granted under this Agreement. 21.9 Alterations, Improvements And Additions. Vendor shall make no alterations, improvements or additions to the Premises without prior written approval of the City. Vendor shall not add furniture or other items to the Premises, except for furnishings, which are reasonably necessary for Vendor to conduct its permitted activities. 21.10 Compliance with Laws, Ordinances and Regulations. Vendor shall comply with all laws, ordinances and regulations of any governmental agency or public authority having jurisdiction over the Premises or Vendor's use thereof. 21.11 Responsible Party. Following is the name and phone number of the party which may be contacted in an emergency (24 hours per day; 7 days per week availability): Name: __ &_\_,M.._._tlv_.-UL., ___ J4.._._--r_r __ ...,._ ___ _ Phone Number 9J c _t7 If 7" 1 Lf-7 ~ S?Jtj-"1 '-17-'-/0 j T- .:>« .S ·p b")e·:S 6 IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed as of the day and year first above written. CITY OF PASCO VENDOR ZachZ.JJ-dks ACS Director D~-~~\~~~l-~ ___ 2001 Title Date: Y---. 7 -c:;2-/ 2021 7 -,I Appendix B The following menu and prices have been agreed to by both parties and anything not listed on this menu that is offered for sale will constitute a contract default as described in section 20 of the contract. 9 A~RD 8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 04/19/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amie Turner NAME: Northern Kentucky Insurance r..tJgN:0 Extl: (859) 586-8580 I FAX IA/C, No): (859) 586-8616 PO Box 357 E-MAIL amie@cornerstoneinsllc.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Hebron KY 41048 INSURER A: Great American Insurance Company of New York 22136 INSURED INSURER B: Great American Insurance Company 16691 Wheelhouse Entertainment LLC, DBA: Kona Ice of Pasco INSURER C: 4003 Monterey Drive INSURER D: INSURER E: Pasco WA 99301 INSURER F: COVERAGES CERTIFICATE NUMBER: 2021-2022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY\ (MM/DD/YYYY\ LIMITS ~ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 D CLAIMS-MADE [81 OCCUR uM,v,A(jc I u "rn Eu 500,000 PREMISES /Ea occurrence\ $ --MED EXP (Any one person) $ 10,000 A y SPP3099659 07/17/2021 07/17/2022 PERSONAL & ADV INJURY $ 2,000,000 - 9.L AGGRE• L:l~_APP•ER: GENERAL AGGREGATE $ 4,000,000 POLICY JECT LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 {Ea accident) -~ ANY AUTO BODILY INJURY (Per person) $ -B OWNED SCHEDULED CAP3099660 07/17/2021 07/17/2022 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS -HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ --$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I 10TH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE • N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addition al Remarks Schedule, may be attached If more space Is required) Certificate holder is listed as an additional insured with regards to the operations of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pasco, Rec Services ACCORDANCE WITH THE POLICY PROVISIONS. 525 N 3rd Ave AUTHORIZED REPRESENTATIVE Pasco WA 99301 ~✓~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ST\lfOf \',,\Slll'<<:10's Limited Liability Company BUSINESS LICENSE WHEELHOUSE ENTERTAINMENT LLC KONA ICE OF PASCO 4003 MONTEREY DR PASCO, WA 99301-8128 Issue Cate: Mar 27, 2020 Unified Business ID#: 604115162 Business ID#: 001 Location: 0001 Expires: Apr 30, 2021 UNEMPLOYMENT INSURANCE -ACTIVE MINOR WORK PERMlT-ACTNE INDUSTRIAL INSURANCE -ACTIVE TAX REGISTRATION -ACTIVE CITY ENDORSEMENTS: WALLA WALLA GENERAL BUSINESS -NON-RESIDENT -ACTIVE PASCO HOME OCCUPATION BUSINESS #31657 -ACTIVE KENNEWICK GENERAL BUSINESS -NON-RESIDENT -ACTNE l RICHLAND GENERAL BUSINESS-NON-RESIDENT#C14-ACTIVE WEST RICHLAND GENERAL BUSINESS -NON-RESIDENT -ACTIVE DUTIES OF MINORS: Ages 16-17: Sales and Cashiering. Ages 14-15: Sales And Cashiering LICENSING RESTRICTIONS: It is the business's responsibility to comply with minor work permit requirements. See WAC 296-125-030 and WAC 296-125-033 for Non-Agricultural and WAC 296-131-125 for Agricultural guidelines and restricted activities. • 1 Service occupations: if a minor works past 8:00 p.m., minor must be supervised by a responsible adult employee who is on the premises at all times. WAC 296-125-030(30) REGISTERED TRADE NAMES: KONA ICE OF PASCO ::. n,;.-,l .. r:i1,rn·11t fr:t•: tl•{ r, .. ;i.;,t: • ..,li11n-. •;1.!r.1-:n!,n~i •.• n:1: i:, ._. ~. · , ·,i; .. ,:,_. n,111:1..~<lJ'l 01L'. ll\·~HPplinr,ih1, ,h1{lr.HMif Jh•-1ir-(·H,t,· 1•:r1;:ir-· :In· 11 (.· · ,· .-1i'.••·: ,, 1·0 •~(..<01rkte tm'":. ri.lHI .:.i,·cm~i.!i--h! Jiu: h(•-.r !~r'hi-:1; lw, h::,,-.. 1,,(I•.. , .. , !I;.· n•,!thfftn{ i,1 i:n:i1µ!i,m•·-., wilh .tH ;;11plir.1hl 1 '.',;:t,i,,fki;, .;,~•t. 1 :.,,.,• ·,· l UBI: 604115162 001 0001 WHEELHOUSE ENTERTAINMENT LLC KONA ICE OF PASCO 4003 MONTEREY OR PASCO, WA 9930141128 UNEMPLOYMENT INSURANCE - ACTIVE INDUSTRIAL INSURANCE-ACTIVE MINOR WORK PERMIT-ACTIVE TAX REGISTRATION-ACTIVE WALLA WALLA GENERAL BUSINESS • NON-RESIDENT -ACTIVE PASCO HOME OCCUPATION BUSINESS#31657 -ACTIVE KENNEWICK GENERAL BUSINESS - NON-RESIDENT-ACTIVE RICHLAND GENERAL BUSINESS - NON-RESIDENT #C14 -ACTIVE WEST RICHLAND GENERAL BUSINESS -NON-RESIDENT - ACTIVE ·,-! :!;, ·''•.;11•: · •. •11~· •?;i;!,·.1tk,:; ,. -.. ~-:r i-~, ·: ·,1'._,.;r·i ... Expires: Apr 30, 2021 ,. ... ------------------------------- ,,_, ..... tEM.'IH -....., .... -~ ...... ~ .... , Washington ~le F~ Worker Card SHANNON MENDOZA Valid lnxn 06/17/2019 ID· ', 1447S3148M101M21 Washington Stale Food Wol1ler Card ~};1',,,,.n Heallll Olllc:er ;~__..u, • ..,..,.._. Pusucll..l HEALTH ~ Washington State Food Worker Card 1··u!l1..1tffll..w ~ Washington State Food Worker card i • I C~. VE•::-"' • :.a~ -::-✓-"'O -, 02/21/2020! II ·111·11 i .,.l.__ teltl120l9IO'· ' . I i-ieaiuiotfic:er... •• ,•11• r:, i ..:=:::.==... / ---•-1447V31H6XV0~O22 L!!.l t • _. 1447H31"8M301M21 ~ -- m,IU . 'I crtft, J \ -• Washlnglon State F-Of1cer ~L."1; i Washiogton State Food w j}}ly,. ___ ,, ~L ---JUiM'2 -~_.: II 1~1u1u,,,,. ,/ l:J i 'ft.,.,,,"~• /' Vaid hm i--Heiiiiiiotliiii<' 02/17/.I011 ID .. ',. !_~.-...... I ,/ 12117112.16BNWD9ft1 PUBLIC .. ~"QI! ~ ...... 11 ,,..._.-•U).u , Washington State Food Worker Card : ·1 (-1 ._,) ~t-~,./~~~~,j.A-,?--.. -~u,-ii .,,·-o-'ft.,.,,,.,. 0411~1'111l~ -..:. [~=.,· V .~ I 1447C31K3QR01P22 [!l .. ,~,-· .. , .. ~-.... Wa&lllnglon S1ale Food Worker Card l I COl,".'f \e\e- WA-\(_~ \A).q-.~i .... Ph~ AGREEMENT CHECK SHEET ✓certificate of Liability Insurance naming the City of Pasco as additional insured. _j_ Copy of Business License -/-Copy ofFoodHandlers Permit -I-Signed and Completed Vendor/Concession Agreement VENDOR/CONCESSION AGREEMENT For 2021 Foodie's Friday Lunch Series at Volunteer Park 1. PARTIES. This Agreement (Agreement) is made and entered into as of ) :2°21, by and between the City of Pasco, a municipal corporation (City) and \!\._, bt.oc\.c~ (.,:>0,,l\:i.:IL Yho (Vendor). The following is the official contact mformation that shall be used for correspondence between the parties: CITY OF PASCO Recreation Services 525 N. 3rd Ave Pasco, WA 9930 l 2. TERM. This Agreement, upon execution, shall commence at 11 :00am on the ~ day of April, 2021 and unless terminated for a breach or as provided herein, shall continue in full force until 1:00pm on the 11 th day of June, 2021. 3. PREMISES. City hereby grants permission to Vendor to sell its goods/services during the 2021 Foodie's Friday Lunch Series food truck events at the specific day(s), time(s) and location(s) specified below. 3.1 Location. The West side of N. 3n1 Ave next to Volunteer Park iust North of Nixon St.. in the City of Pasco, County of Franklin, State of Washington. The premises consists of approximately a 25 x IO foot area within the parking lane, more or less (referred to as the Premises), together with all improvements thereon and appurtenances thereto, as shown in Appendix A. 3.2 Dates/Times. All Foodie's Friday Lunch events will take place :from 11 :00am - I :0Opm. The Vendor has permission to sell its goods during these times at the location shown above on the following dates: April 23 0 April 30 ...r;J May 21---9 May 28 -f;/ May7---g June 4 "B May 14 l!f June 11 "&1 4. FEE. For the 2021 season there will be no fee for participation in the Foodie's Friday Lunch Series, but all applicable business licenses and health permits must be in place to participate. 5. VENDOR RIGHT. Vendor shall have the right during scheduled rentals (dates and times in 3.2 above) only, subject to the provisions set forth herein, to sell food and non-alcoholic beverages in the premises based on the agreed upon menu in Appendix C. 5.1 Equipment. Vendor shall supply, at its own expense, all equipment, fixtures, power, supplies and staff and other items required or necessary to provide sale of its goods/services to patrons of the Premises. 2 5.2 Vendor is required to supply and use adequate electrical equipment. 6. VENDOR RIGHT COMPENSATION. Vendor must complete and sign this contract and keep all provision set forth here in for the right to sell the agreed upon goods/services (As specified in Appendix B) at Premises during the dates and times specified in Section 3 .2. 7. USE OF PREMISES. Vendor agrees that the premises shall be used by the Vendor exclusively for food and non-alcoholic beverage service and associated office use. Such use shall conform with applicable city ordinances and state and federal laws. No other usage of the area shall be allowed unless prior written consent is obtained from the Administrator & Community Services Director which shall be granted or not granted at the absolute discretion of the city. Vendor may not sublet any or all of the premises without prior written approval from the Administrator & Community Services Director. 8. DAYS AND TIME OF OPERATION. Vendor shall provide food and beverage services from the designated premises during the dates and times listed in Section 3.2. 10. OTHER VENDOR RESPONSIBILITIES. In addition to providing the vendor services described above, Vendor shall provide the following: IO.I Litter pick-up in and immediately around the designated premises at the close of service each day. 10.2 To present its employees as neat, clean and professional with clothing or identification which distinguishes them as employees of the Vendor. 10.3 To provide for City's review and secure the City's approval of the products and prices that it proposes to offer to patrons of the Premises. City's approval shall not be unreasonably withheld. 10.4 To maintain current and valid all applicable business licenses and health permits and abide by industry laws and standards in regards to food handling and mobile vending and COVID 19. 11. VENDOR PROVIDED EQUIPMENT. Cash registers shall be sealed and so designed as to show the customer the amount of the sale and to record accurately all the daily and monthly total gross receipts. 12. CITY'S REPRESENTATIONS, WARRANTIES AND COVENANTS. City hereby represents and warrants to Vendor that it has the full right, power and authority to grant use of the Premises to Vendor. Except as specifically set forth herein, neither City nor its agents have made any representations with respect to the Premises. No rights, easements, or licenses are acquired by Vendor by implication or otherwise except as expressly set forth in the provisions of this Agreement. The use of the property by the Vendor shall be conclusive evidence that the Premises were in good condition at the time possession was taken. VENDOR ACCEPTS THE PREMISES AS-JS. 3 13. EARLY TERMINATION. Either party may terminate this agreement by giving written notice of its intent to tenninate 30 days in advance. 14. QUIET ENJOYMENT. City agrees that so long as Vendor observes and perfonns all of the agreements and covenants required of it hereunder, Vendor shall peaceably and quietly have, hold and enjoy the Premises for the Tenn without any encumbrance, interference or hindrance by City, its agents or employees. 15. TAXES. Vendor shall pay all taxes assessed against and levied upon Vendor's trade fixtures, and all other personal property of Vendor contained in or around the Premises. 16. INDEMNIFICATION / HOLD HARMLESS. Vendor shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Vendor's use of Premises, or from the conduct of Vendor's business, or from any activity, work or thing done, pennitted, or suffered by Vendor in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 17. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Vendor's operation and use of the Premises. 17 .1 Minimwn Scope of Insurance. Vendor shall obtain insurance of the types described below: (a) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form GC 00 01 and shall cover premises and contractual liability. The City shall be named as insured on Vendor's Commercial General Liability insurance policy using ISO Additional Insured Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. (b) Property insurance shall be written on an all risk basis. 1 7 .2 Minimum Amounts of Insurance. Vendor shall maintain the following insurance limits: (a) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. (b) Property insurance shall be written covering the full value of Vendor's property and improvements with no coinsurance provisions. 17 .3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 4 (a) The Vendor's insurance coverage shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and shall not contribute with it. (b) The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 17.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 17.5 Verification of Coverage. Vendor shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Vendor. 17.6 Waiver of Subrogation. Vendor and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 17.7 City's Property Insurance. City shall purchase and maintain during the term of the Agreement, all-risk property insurance covering the Premises for their full replacement value without any coinsurance provisions. 18. DAMAGE OR DESTRUCTION; CONDEMNATION. If the Premises are damaged or destroyed in whole or in part; or if the Premises or a substantial portion thereof were taken by condemnation or under the power of eminent domain, City may, at its option, elect to terminate this tenancy. 19. SURRENDER AT EXPIRATION. Upon expiration of the Agreement term or earlier termination on account of default, Vendor shall surrender the Premises in the same condition as at the commencement of the Agreement, reasonable wear and tear expected. 20. DEFAULT. Vendor shall be in default of this Agreement if it fails to comply with any term or condition or fulfill any obligation of the Agreement. In the event of a default, this Agreement may be terminated at the option of City by written notice to Vendor. Whether or not the Agreement is terminated by the election of Vendor or otherwise, City shall be entitled to recover damages from Vendor and City may retake possession of the Premises, and reserves any other remedy available to the City under the applicable law. 21. MISCELLANEOUS. 21.1 Environmental Compliance By Vendor. Vendor shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises. 21.2 Signs. Vendor shall not erect signage without City's prior written consent. 5 21.3 Non-waiver. Waiver by either party of strict performance of any provision of this Agreement shall not be a waiver or of prejudice to the party's right to require strict performance of the same provision or any other provision in the future. 21.4 Notices. Any notice required or permitted under this Agreement shall be deemed to have been given when actually delivered or 72 hours after deposited in the United States mail as certified mail addressed to the address first given in this Agreement or to such other address as may be specified from time to time by either of the parties in writing. 21 .5 Time of Essence. Time is of the essence of the performance of each of the obligations under this Agreement. 21.6 Recording of Agreement. This Agreement shall not be recorded. 21. 7 Vendor shall observe reasonable Rules and Regulations established and amended by City for the Premises from time to time upon 30 days advance, written notice from City to Vendor. Vendor shall have a reasonable opportunity to comment on proposed rules and regulations. 21.8 Assignment. Vendor shall not assign, transfer or grant to any third party the right to occupy the Premises or to sell food or beverages as granted under this Agreement. 21.9 Alterations, Improvements And Additions. Vendor shall make no alterations, improvements or additions to the Premises without prior written approval of the City. Vendor shall not add furniture or other items to the Premises, except for furnishings, which are reasonably necessary for Vendor to conduct its permitted activities. 21.10 Compliance with Laws, Ordinances and Regulations. Vendor shall comply with all laws, ordinances and regulations of any governmental agency or public authority having jurisdiction over the Premises or Vendor's use thereof. 21.11 Responsible Party. Following is the name and phone number of the party which may be contacted in an emergency (24 hours per day; 7 days per week availability): Name: $,I f\a e , S V ('A½~'-¼ ¥'5 Phone N umbe{ SC".\ -L\ 30 ~ c'-1 '2.. ::\.) 6 -::S-A!S6f-.l \o\P< (~ts-\ -S3 t-D 11°1 J IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed as of the day and year first above written. CITY OF PASCO ACS Director Date:,_~--f-L-l _-lC\--+-1-2 _l __ 2021 VENDOR Print N e Qu)Y'.\f _( Title Date: Y / 1:l:J 7 2021 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DA Tl IMM/DOIYYYYJ ~ 04/20/2021 ·~· 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 la an ADDITIONAL INSURED, the pollcy(IH) must have ADDITIONAL INSURED provisions or be endornd. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Heu of such endorsement(a). PROOUCIR ~:.~· Hiscox Inc. ~·'-·-· (888) 202-3007 1r~ .. _,. 520 Madison Avenue !~AA ... contact@hiscox.com 32nd Floor New York, NY 10022 r·· ------.,,., N•"'• ............ Hiscox Insurance Company Inc 10200 ... URID IN•11-•11: Whatacha Waltln Pho 5511 Robert Wayne Drive 1-•-c• Pasco, WA 99301 INBIIRERD: INSURER!: , .... , ... ,.. COVERAGES CERTIFICATE NUMBER· . REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '!'1,tt TYPIOF INIURANCE r:..-=-IUBR ltftlll'VIII .. D •D POUCYaor POLICY EXP UMITI -.. .. ~ CO-CIAL Gl!Nl!RAL LIAIIIUTY EACH OCCURRENCE s 1,000.000 0 CLAIMS-MADE 00 OCCUR DAMAGE J<;>.,~•cu s 100,000 - MED EXP /Am, one ,_.onl s 5,000 - A -y UDC-4553132-CGL-20 08/01/2020 08/01/2021 PERSONAL & ADY INJURY s 1,000,000 GEN1. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 ~ POLICY • ~:s: • LOC PROOUCTS • COMP/OP AGG s 2 000,000 OTHER: s AUTOMOBILILIAIIILITY S,~~.~INGI.E I.Ml s - Nl'fAUTO BOOIL Y INJURY (Per penon) s --OWNED SCHEDULED BOOIL Y INJURY (Per accident) S -AUTOS ONLY -AUTOS I-IRED NON-OWNED r .. ~l!.~GE s -AUTOS ONLY -AUTOS ONLY s UMBULLALIAB HOCCUR EACH OCCURRENCE s -l!>CCIIILIAB CLAIMS-MADE AGGREGATE s ""n I I ,s s WORK.ERi COMPENSATION l~fn~I I 21H· AND l!IIIPLOYIRI" LIA8ILITY YIN ANYPROPRIETOR/PARTNERIEXECUTIYE • NIA E.L EACH ACCIDENT s ~~=EXCLUDED? E.L DISEASE-EA EMPLOYEE S gJ:,.,t~~ ~ Sb..,_, E.L. DISEASE • POLICY LIMIT S DIIICRFTION OP OPl!RATIONI I LOCATION I I Yl!IICLH (ACORD 111, AddllOMI R-lch-, ma, H lllla-If mon •pace la required) City or Pasco Is named as Additional lns1.-ed per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of PalCO 525 N. 3rd Ave Pasco, WA 99301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Will. BE DELIVERED IN ACCORDANCE WITH THI! POLICY PROVISIONS. AUTHORIZED REPREll!NTATIVE .~ I i I C 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 512• 1 ' ' I WHATCHA WAITIN PHO LLC 5511 ROBERT WAYNE OR PASCO WA 99301-7972 OE.TACH BEFORE. POSTl"IG ___ _., !! -!·--,• - BUSINESS LICENSE -,TATEbF ------· ~--·-----~,.""\ WASHINGTON limited Liability Company ---.~------~---·---Issue Date, Feb-19, 2021--- Unified Business ID #: 604535972 Business ID #: 001 Localion:0001 WHATCHA WAITIN PHO LLC WHATCHA WAITIN PHO Expires: Nov 30, 2021 5511 ROBERT WAYNE DR PASCO, WA 99301-7972 UNEMPLOYMENT INSURANCE -ACTIVE TAX REGISTRATION -ACTIVE INDUSTRIAL INSURANCE • ACTIVE CITY ENDORSEMENTS: PASCO GENERAL BUSINESS #36635 • ACTIVE RICHLAND GENERAL BUSINESS • NON-RESIDENT • ACTIVE 1, LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit _BE~l5_TI:.B£D TRA_DE_N_A_M!:;S:___:---_________ .....,_,....,_.,,.,. ________ ,_ ___ __ WHATCHA WAITIN PHO / This document lists the registrations. endorsements. and licenses authorized for the business S named above. By accepting this document, the licensee certifies the Information on the application was complete. true, and accurate to the best of his or her knowledge, and that business will be conducted In compliance with all applicable Washington state, county, and city regutatlons. 4•-;...,;.,,,-.... -::.-"':..,-·- Bl: 604535972 001 0001 WHATCHA WAITIN PHO LLC WHATCHA WAITIN PHO 5511 ROBERT WAYNE DR PASCO, WA 99301-79n STATE OF ~ASHINGTON •UNEMPLOYMENTINSURANCE- 1 ACTIVE ' INDUSTRIAL INSURANCE· ACTIVE '. TAX REGISTRATION • ACTIVE ; PASCO GENERAL BUSINESS #36635 -ACTIVE , RICHLAND GENERAL BUSINESS - , NON-RESIDENT • ACTIVE OElACH THIS SECTION FOR YOUR WALLET Director, [)epartrMnt of Rewnue Expires: Nov 30, 2021 CN'1!'Clor, 0.partment of Re-wnue ', .,t,. HISCOX encourage courage- A Guide To Your General Liability Policy The folowing i1 • guide to yow General Liability poficy. We have identlied severm key coverage hems along with the limits and deductibles you have selected. To make it easier, we have also added a brief explanation of those items. We want you to feel confident about )'Ol.lf new poljcy. If any or the infonnation below l5 incorred or if you have any questions, please contad one of our adviaora at 888-202-3007 (Mon-Fri. 7am-10pm EST) or manage )'Ollr policy at: www.hlscox.com! ,,,.,_.,..,...,-90/icy Your business details 'City: _, Zip.-: i~: T...,._,._ , __ , Syphe Syaphay Whatachaw..tinPho 5511 Roben Wayne Drive Paooo WA 99301 Mobile food &e<Vk:es 509-531-0187 jtoYar1509@gmalt.com Your General L1abil1ty Policy _, __ ~--: Thi1-thellmeporloddumgwhlchyour-lll)lll/el. F-olb-•: , This -lhe/egol IINc:lunt of your -n and delelmines who ii ; ....,,.., undot' 'IOI' policy. -Pr-'Y-~-., ; . ·=a. ' ••.•I~>- UDC-4553132-CGL-20 From: August 1, 2020 To: Auguot 1, 2021 LifRted Liability Company Rejected Included Total-Olpollcy: $ 350.00 Your coverage and hm1ts ---$1,000.000 The.-,..w111 p,,y for al._ M to-, lnju,y ond .,,_iy damage, llld ___ hd_Ollla/#"f oneoccu,-, llelwrlle CDOlo we Incur, In lhe -a/a --againat you, wll not ,_lhlallmlt C Hiscox Inc. 2010 Page 1 _...,....._ S2.000,000 ' The.-we w/6 poy for al dlnlagn--•-for the onlie policy. Dolot.a<>OOls ... lnc:ur, in"9-of •--agalnotyou, wltlnotf9Clucethlo-. --lo --......, lo you S 100,000 any one premises Tho-. wo WU/ pey klf your lllbillly lor damage ti, fire lo premlOeS ....- lo you. Thil lmit also applln lo your liablily to prenlilas you -for a perioda/70,--doyo. ff youareehome-l>aMd..-. ... --not apply to __ lo your homo lledlcal ..,._.. S 5.000 any one person The rooa Mwlff pay for .. mollcal-IIJllailled by any--· "~-.. --_,. Injury llmil $ t ,000,000 any one person or The-. -w111 payforal pwsonal •nd-iling injloy(a.g .. llbel, organization Blonder) """111inod ti, any one_, or orgoniZation. -for-Uuayc-ago No deductible No doducllblo applloa to u. _., lllbllly portion a/your policy to you are not NqU/rad lo maka #"f pa)lffl0f1la In the evanla of such daiml. Other policy information 14da1lull- Be cor,lldent that you have ..-u. right choloo. We give you 14 days to revtow your policy. II you are not -!ltd and hav• not had any c:tairns or tones, you can cancel your policy back to ta start date snd recelYe • twt refund. -OI-M you have a dun, pAeaM call ua at 886-424-8508. You may also e-mall U1 81 ~.com What d.,.. my a.....,, Llablllly Polley covor? For a summary showing exampkts of what you are and are not covered for, please read the Coverage Summary document. This guide does not modify the terms and conditions of your policy, which are contained in your policy documents, nor does It Imply any claim is covered°' not covered. We recommend that you read your policy documents to learn the details of your coverage. o;n;., , PUBLIC. Prwant. Promote. Prowa l#iltdHtBi:t 1:1:111:•JDJR:1'.511 Jttl Washington State Food Worker Card (signatunt) Health Officer SYPHE SYAHPHAY Vaid from 03/07/2020 to 03/07/2022. 1447S31HY1D01S22 [!]!¥i[!] :a. [!]• X BENTON-FRANKLIN HEAL TH DISTRICT ANNUAL FOOD SERVICE PERMIT BF-FOOD-21-389 WATCHA WAITIN PHO #0198 212 W. KENNEWICK AVE KENNEWICK WA 99336 J)~ Dr. Amy Person District Health Offteer Owner. SYAPHAY,SYPHE PUBLIC._ fllNtC,a,, JS,AN•~•N Mt.Al'l'""' ()IITll,('l ~ Ragozzino, Rannah C. Environmental Health Specialist 1 • I ~ Appendix B The following menu and prices have been agreed to by both parties and anything not listed on this menu that is offered for sale will constitute a contract default as described in section 20 of the contract. 9 -· ----·------------- ' ' J • AGREEMENT CHECK SHEET j_ Certificate of Liability Insurance naming the City of Pasco as additional insured. 1_ Copy of Business License ./\ Copy of Food Handlers Permit ~ Signed and Completed Vendor/Concession Agreement ~-pk\.e. ---- VENDOR/CONCESSION AGREEMENT For 2021 Foodie's Friday Lunch Series at Volunteer Park This Agreement (Agreement) is made and entered into as of and between the City of Pasco, a municipal corporation (City) and _JIJ,JUJW:----Zl[ltlatlPJ-UUll.l~------(Vendor). The following is the official contact information th t sh I be used for correspondence between the parties: CITY OF PASCO Recreation Services 525 N. 3rd Ave Pasco, WA 9930 I 2. TERM. This Agreement, upon execution, shall commence at 11 :00am on the 23rd day of ApriL 2021 and unless terminated for a breach or as provided herein, shall continue in full force until I :00pm on the 11 th day of June, 2021. 3. PREMISES. City hereby grants permission to Vendor to sell its goods/services during the 2021 Foodie's Friday Lunch Series food truck events at the specific day(s), time(s) and location(s) specified below. 3.1 Location. The West side of l\. 3 rd Ave next to Volunteer Park iust North of Nixon St .. in the City of Pasco, County of Franklin, State of Washington. The premises consists of approximately a 25 x l 0 foot area within the parking lane, more or less (referred to as the Premises), together with all improvements thereon and appurtenances thereto, as shown in Appendix A. 3.2 Dates/Times. All Foodie's Friday Lunch events will take place from I I :00am - l :O0pm. The Vendor has permission to sell its goods during these times at the location shown above on the following dates: April 23 ~ April 30 Jr, May 7 [J? May 14 [)? May21 D ~28 • June4 • Junell • 4. FEE. For the 2021 season there will be no fee for participation in the Foodie's Friday Lunch Series, but all applicable business licenses and health permits must be in place to participate. 5. VENDOR RIGHT. Vendor shall have the right during scheduled rentals (dates and times in 3.2 above) only, subject to the provisions set forth herein. to sell food and non-alcoholic beverages in the premises based on the agreed upon menu in Appendix C. 5.1 Equipment. Vendor shall supply, at its own expense. all equipment. fixtures. power. supplies and staff and other items required or necessary to provide sale of it,; goods/services to patrons of the Premises. , 5.2 Vendor is required to supply and use adequate electrical equipment. 6. VENDOR RIGHT COMPENSATION. Vendor must complete and sign this contract and keep all provision set forth here in for the right to sell the agreed upon goods/services (As specified in Appendix B) at Premises during the dates and times specified in Section 3.2. 7. USE OF PREMISES. Vendor agrees that the premises shall be used by the Vendor exclusively for food and non-alcoholic beverage service and associated office use. Such use shall conform with applicable city ordinances and state and federal laws. No other usage of the area shall be allowed unless prior written consent is obtained from the Administrator & Community Services Director which shall be granted or not granted at the absolute discretion of the city. Vendor may not sublet any or all of the premises without prior written approval from the Administrator & Community Services Director. 8. DAYS AND TIME OF OPERATION. Vendor shall provide food and beverage services from the designated premises during the dates and times listed in Section 3.2. 10. OTHER VENDOR RESPONSIBILITIES. In addition to providing the vendor services described above, Vendor shall provide the following: IO. I Litter pick-up in and immediately around the designated premises at the close of service each day. 10.2 To present its employees as neat, clean and professional with clothing or identification which distinguishes them as employees of the Vendor. 10.3 To provide for City's review and secure the City's approval of the products and prices that it proposes to offer to patrons of the Premises. City's approval shall not be unreasonably withheld. I 0.4 To maintain current and valid all applicable business licenses and health permits and abide by industry laws and standards in regards to food handling and mobile vending and COVID 19. 11. VENDOR PROVIDED EQUIPMENT. Cash registers shall be sealed and so designed as to show the customer the amount of the sale and to record accurately all the daily and monthly total gross receipts. 12. CITY'S REPRESENTATIONS, WARRANTIES AND COVENANTS. City hereby represents and warrants to Vendor that it has the full right, power and authority to grant use of the Premises to Vendor. Except as specifically set forth herein, neither City nor its agents have made any representations with respect to the Premises. No rights, easements, or licenses are acquired by Vendor by implication or otherwise except as expressly set forth in the provisions of this Agreement. The use of the property by the Vendor shall be conclusive evidence that the Premises were in good condition at the time possession was taken. VENDOR ACCEPTS THE PREMISES AS-IS. 3 13. EARLY TERMINATION. Either party may terminate this agreement by giving written notice of its intent to terminate 30 days in advance. 14. QUIET ENJOYMENT. City agrees that so long as Vendor observes and performs all of the agreements and covenants required of it hereunder, Vendor shall peaceably and quietly have, hold and enjoy the Premises for the Tenn without any encumbrance, interference or hindrance by City, its agents or employees. 15. TAXES. Vendor shall pay all taxes assessed against and levied upon Vendor's trade fixtures, and all other personal property of Vendor contained in or around the Premises. 16. INDEMNIFICATION / HOLD HARMLESS. Vendor shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Vendor's use of Premises, or from the conduct of Vendor's business, or from any activity, work or thing done, permitted, or suffered by Vendor in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 17. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Vendor's operation and use of the Premises. 17 .1 Minimum Scope of Insurance. Vendor shall obtain insurance of the types described below: (a) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form GC 00 01 and shall cover premises and contractual liability. The City shall be named as insured on Vendor's Commercial General Liability insurance policy using ISO Additional Insured Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. (b) Property insurance shall be written on an all risk basis. 17.2 Minimum Amounts of Insurance. Vendor shall maintain the following insurance limits: (a) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. (b) Property insurance shall be written covering the full value of Vendor's property and improvements with no coinsurance provisions. 17 .3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 4 (a) The Vendor's insurance coverage shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and shall not contribute with it. (b) The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 17 .4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll. 17.5 Verification of Coverage. Vendor shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Vendor. l 7.6 Waiver of Subrogation. Vendor and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 17.7 City's Property Insurance. City shall purchase and maintain during the term of the Agreement, all-risk property insurance covering the Premises for their full replacement value without any coinsurance provisions. 18. DAMAGE OR DESTRUCTION; CONDEMNATION. If the Premises are damaged or destroyed in whole or in part; or if the Premises or a substantial portion thereof were taken by condemnation or under the power of eminent domain, City may, at its option, elect to terminate this tenancy. 19. SURRENDER AT EXPIRATION. Upon expiration of the Agreement term or earlier termination on account of default, Vendor shall surrender the Premises in the same condition as at the commencement of the Agreement, reasonable wear and tear expected. 20. DEFAULT. Vendor shall be in default of this Agreement if it fails to comply with any term or condition or fulfill any obligation of the Agreement. In the event of a default. this Agreement may be terminated at the option of City by written notice to Vendor. Whether or not the Agreement is terminated by the election of Vendor or othetwise, City shall be entitled to recover damages from Vendor and City may retake possession of the Premises, and reserves any other remedy available to the City under the applicable law. 21. MISCELLANEOUS. 21.1 Environmental Compliance By Vendor. Vendor shall not cause or pem1it any Hazardous Material to be brought upon, kept or used in or about the Premises. 21.2 Signs. Vendor shall not erect signage without City's prior written consent. 5 21.3 Non-waiver. Waiver by either party of strict performance of any provision of this Agreement shall not be a waiver or of prejudice to the party's right to require strict performance of the same provision or any other provision in the future. 21.4 Notices. Any notice required or permitted under this Agreement shall be deemed to have been given when actually delivered or 72 hours after deposited in the United States mail as certified mail addressed to the address first given in this Agreement or to such other address as may be specified from time to time by either of the parties in writing. 21.5 Time of Essence. Time is of the essence of the performance of each of the obligations under this Agreement. 21.6 Recording of Agreement. This Agreement shall not be recorded. 21.7 Vendor shall observe reasonable Rules and Regulations established and amended by City for the Premises from time to time upon 30 days advance, written notice from City to Vendor. Vendor shall have a reasonable opportunity to comment on proposed rules and regulations. 21.8 Assignment. Vendor shall not assign, transfer or grant to any third party the right to occupy the Premises or to sell food or beverages as granted under this Agreement. 21.9 Alterations, Improvements And Additions. Vendor shall make no alterations, improvements or additions to the Premises without prior written approval of the City. Vendor shall not add furniture or other items to the Premises, except for furnishings, which are reasonably necessary for Vendor to conduct its permitted activities. 21.10 Compliance with Laws, Ordinances and Regulations. Vendor shall comply with all laws, ordinances and regulations of any governmental agency or public authority having jurisdiction over the Premises or Vendor's use thereof. 21. 1 1 Responsible Party. Following is the name and phone number of the party which may be contacted in an emergency (24 hours per day; 7 days per week availability): Name:01ariSd0 ~a(tf\) Phone Number jQt1,1 I o·D Ifft' IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed as of the day and year first above written. CITY OF PASCO VENDOR Signature ,~ 0J ~rt y1 kG1r4t? PrintoltN~ Date:_L\---111--Z-_.._-t-[ ~-( ____ 2021 Title Date: ~ 11r::-2021 7 Appendix B The following menu and prices have been agreed to by both parties and anything not listed on this menu that is offered for sale will constitute a contract default as described in section 20 of the contract. Item Price 9 ABR CERTIFICATE OF LIABILITY INSURANCE I DAll IMMe'DDIYYYYI 04/15fl021 THIS CER11FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TIIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BElOW. THIS CElfflFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlftcata holder la an ADDmONAL INSURED, the pollcy(IN) muat have ADDmDNAL INSURED provisions or be endorncl, If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain polclN may r.qulre an endornment. A atatement on thla certificate doN not conr.r rlahts to the certlflc:a holder In lieu of such endo I). PIIOOUCl!lt :r. ~ ":"'' Sayurl Peralta StateFann Adela Valencia, Agent r.H ~ I'.,~-. 509-783-2800 I r~ ...... 509-783-2801 A., 3104 W Kennewick Ave Suite 0 ~ ,. ~, uywi@agentvalancla.c:om Kennewick, WA 99336 INS•__,.,AFFORDING COVl!IIAOE NAIC# INIURIR A: S1ate Farm Fire and Casualty Company 25143 INSURE) --•: Conrade & Marisela Garza IIIUlll!IIC: 44 NlyleSt --o: Kennewick, WA 99336 ··-·· INIINII,: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AHY 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 ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. ':-= TVl'E OF INIUIIANCE P"'.,..,NlllmER ~•-r ~ LMTI --, __ X COMIIERCIAL GDll!RAL LIAIILITY EACH OCCURRENCE I 1,000,000 D CLAIMS-aE ~ OCCUR ~~1u~r"''"'" DD .... JtHf&a-.....,_, I -s 5,000 -MED EXP I--__,1 98-CO-P832-1 04/23/2021 0412312022 PERSOtw. I MN INJURY I 1,000,000 -GEN'L AGGftEG\TE UUIT APPLIES PER: GENERAL AGGREC311TE I 2,000,000 R::D~ DLCx; PR<XlUCT$-COMPIOPAOO s 2,000,000 $ MIT0M08ILE LWIILl1Y ~LIMIT s ,-- AHVAUrO 800II. Y INJURY(,._ per-,, s ,--0'.NNED ~ SOiEDUI.ED IIOOll Y INJURY (,._ ICICidlnl) S -AUTOS ONLY -AIJTOS HRED NON-Cll/lNED ,. ___ .. ~ s -AUTOSONI.Y ,--AUTOS ONLY $ U11111REL1.A UM H::~ EACH OCCURRENCE $ ,-- IXCDSLIAB AGGREGATE $ """I I Re s WOMER$ COIIPENIA1ION 1~11! ,~ ..... MD ......oYERI' IJA8LIIY y IN NIY PftOPRIElOM'ARTNERIEXl!CUTM! • NIA E.L. EACH ACCIOEHT s OFFICERIMEMIER EXCUJDEm (lland-,Y Ill NH) E.L. DISEASE -EA EMPLOYEE S ~J:,..~ ~nrx:D&Tll"WC 11e1oiiv E.L DISEASE -PCI.ICY UIIW S DEICRIP'IION OF ONRA110NS ILOCA'TIONSIVIHICU!I (ACORD 111, Addltl-' ...._,_ lchodiN, may lie ll&leNd lf-•PIN 11.......i Seling oevic:he from a mobile, pop-up stand CERTIACATE HOLDER City of Pasco 525N 3rd Ave Pasco. WA 99301 ACORD 25 (2016/03) CANCELLATION SHOULD ANY or THE A80VI! DUCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and logo are registered marks of ACORD 1001486 132849.13 ~-2020 r~ 1{ '{ ~. ~1) ~ ~~ ij ·--,,,~ ~~~.' Ir {" ,r:\11 .f.. •I ~ '\:::i'~-:lll'[s•'/ ~ STATE OF WASHINGTON Professional Limited Liability Company LIGHTHOUSE ADVANCED PLANNING, PLLC MAMl'S SPICY CEVICHE 44 N LYLE ST KENNEWICK, WA 99336-3335 TAX REGISTRATION -ACTIVE CITY ENDORSEMENTS: KENNEWICK GENERAL BUSINESS -ACTIVE PASCO GENERAL BUSINESS -NON-RESIDENT #33114 -ACTIVE RICHLAND GENERAL BUSINESS -NON-RESIDENT #F05 -ACTIVE Issue Date: Oct 23, 2020 Unified Business ID #: 603533778 Business ID#: 001 Location:0001 Expires: Aug 31, 2021 SPOKANE GENERAL BUSINESS-NON-RESIDENT (EXPIRES 10/31/2021)-ACTIVE YAKIMA GENERAL BUSINESS -NON-RESIDENT (EXPIRES 10/31/2021)-ACTIVE REGISTERED TRADE NAMES: MAMl'S SPICY CEVICHE This documcmt lists the registrations, endorsements, and licenst-s authorized for the business n1mPd abovf!. By accf'pting this docume-nt, the llcensN> certifies the informat10n on the applicatton . -. ~- !' : C, .. C ~.. 11 -.LT.&A '-'•,.1.ftl~ I -IUENTIFICATION CARDS UUTL VOL FOLD TOP AND BOTTOM OF CARD ON PERFORATION STATE FARM~ FOLD TOP AND BOTTOM OF CARD ON PERFORATION State Farm W ASIDNGTON INSURANCE CARD A. STATBPAllM State Farm Mutual Automobll• Insurance Company INSURED GARZA, CONRADO POLICY NUMBER 474 4128-li07-47 EFFECTIVE MUTL VOL YR 2006 MAKE CHRYSLER FEB 07 2021 TO AUG 07 2021 MODEL TOWN CNTRY VIN 2A40P54l.56R904l52 AGENT ADELA VALENCIA 095D-BA1 PHONE (509)783-2800 NAIC 25178 ~ ~"-A'tt°E LIABlUTY R.A~~u IEE IIEWSIIE IIDf FINI ADDITIONAL CIMIIASE INFOMIATION State Fann WASHING TON INSURANCE CARD A, STATE FARM State Farm Mutual Automobile ln1urance Company INSURED GARZA, CONRADO MUTL VOL POLICY NUMBER 474 4121-807-47 EFFECTIVE . YR 2006 MAKE CHRYSLER FEB 07 2021 TO AUG f11 2021 . MODEL TOWN CNTRY VIN 2A4GP54U6R904852 : AGENT ADELAVALENCIA 095D-BA1 : PHONE (509)783-2800 NAIC 25178 A ,~Wkiiilt~allfrWGN~P ~M:Oe LIABILITY r 1oc(B1 uggsrl.UIN~VE ft.A~, 1 IE£ REVOIE 1111£ FOR ADDITIONAL COYEUl:E INFOMIATION KEEP A CARD IN YOUR CAR. "I THIS CARD IS INVALID IF THE POLICY FOR WHICH IT WAS ISSUED LAPSES OR IS TERMINATED. KEEP YOUR CURRENT CARD UNTIL THE EFFECTIVE DATE OF THIS CARD. IA ... ~:A" __ ,._ 11,92127Q92 1411712 0112-2018 lol~lcl lf<lil' BUSINESS LICENSE STATE OF WASHINGTON i Professional Limited Liability Company LIGHTHOUSE ADVANCED PLANNING, PLLC MAMl'S SPICY CEVICHE 44N LYLE ST KENNEWICK, WA 99336-3335 TAX REGISTRATION -ACTIVE CITY ENDORSEMENTS: KENNEWICK GENERAL BUSINESS -ACTIVE PASCO GENERAL BUSINESS -NON-RESIDENT #33114 -ACTIVE RICHLAND GENERAL BUSINESS -NON-RESIDENT #F05 -ACTIVE Issue Date: Oct 23, 2020 Unified Business ID #: 603533778 Business ID#: 001 Location:0001 Expires: Aug 31, 2021 SPOKANE GENERAL BUSINESS-NON-RESIDENT (EXPIRES 10/31/2021)-ACTIVE YAKIMA GENERAL BUSINESS-NON-RESIDENT (EXPIRES 10/31/2021)-ACTIVE REGISTERED TRADE NAMES: MAMl'S SPICY CEVICHE This document lists the registrations, endorsements, and licenses authorized for the business named above. By accepting this document. the licensee certifies the Information on the .application was complete, true, and accurate to the best of his or her knowledge, and that business will be conducted In compliance with all applicable Washington state, county, and city regulations Dnector. Dt-partma,rit of R-nue Washington State Food Worker Card (signature) ~~ Heallh Officer BenlDn-Fmnlln Haelh Dirbict CONRADO GARZA Valid from 05/05/2020 to 05/05/2022 1447C31KGAH01G22 [!)~[!) Washington State Food Worker Card (signature) ~~ Health Officer Benllln-Fmrtin Haalh Dillrict MARISELA GARZA Valid from 05/05/2020 to 05l05/2022 1447M31KG9701G22 AGREEMENT CHECK SHEET ______!_ Certificate of Liability Insurance naming the City of Pasco as additional insured. _:___ Copy of Business License _____:!___ Copy of Food Handlers Permit ✓ __ Signed and Completed Vendor/Concession Agreement VENDOR/CONCESSION AGREEMENT For 2021 Foodie's Friday Lunch Series at Volunteer Park 1. PARTIES. This Agreement (Agreement) is made and entered into as of April 27 , 2021, by and between the City of Pasco, a municipal corporation (City) and Doggie Style Gourmet (Vendor). The following is the official contact information that shall be used for correspondence between the parties: CITY OF PASCO Recreation Services 525 N. 3rd Ave Pasco, WA 99301 VENDOR Doggie Style Gourmet 2. TERM. This Agreement, upon execution, shall commence at 11:00am on the 23rd day of April, 2021 and unless terminated for a breach or as provided herein, shall continue in full force until 1:00pm on the 11 th day of June, 2021. 3. PREMISES. City hereby grants permission to Vendor to sell its goods/services during the 2021 Foodie's Friday Lunch Series food truck events at the specific day(s), time(s) and location(s) specified below. 3.1 Location. The West side ofN. 3rd Ave next to Volunteer Park iust North of Nixon St .. in the City of Pasco, County of Franklin, State of Washington. The premises consists of approximately a 25 x IO foot area within the parking lane, more or less (referred to as the Premises), together with all improvements thereon and appurtenances thereto, as shown in Appendix A. 3.2 Dates/Times. All Foodie's Friday Lunch events will take place from 11 :00am - 1 :00pm. The Vendor has permission to sell its goods during these times at the location shown above on the following dates: April 23 • April 30 IXl May 21 D May 28 D May7 • June 4 D May 14 • June 11 D 4. FEE. For the 2021 season there will be no fee for participation in the Foodie's Friday Lunch Series, but all applicable business licenses and health permits must be in place to participate. 5. VENDOR RIGHT. Vendor shall have the right during scheduled rentals (dates and times in 3.2 above) only, subject to the provisions set forth herein, to sell food and non-alcoholic beverages in the premises based on the agreed upon menu in Appendix C. 5 .1 Equipment. Vendor shall supply, at its own expense, all equipment, fixtures, power, supplies and staff and other items required or necessary to provide sale of its goods/services to patrons of the Premises. 2 5.2 Vendor is required to supply and use adequate electrical equipment. 6. VENDOR RIGHT COMPENSATION. Vendor must complete and sign this contract and keep all provision set forth here in for the right to sell the agreed upon goods/services (As specified in Appendix B) at Premises during the dates and times specified in Section 3.2. 7. USE OF PREMISES. Vendor agrees that the premises shall be used by the Vendor exclusively for food and non-alcoholic beverage service and associated office use. Such use shall conform with applicable city ordinances and state and federal laws. No other usage of the area shall be allowed unless prior written consent is obtained from the Administrator & Community Services Director which shall be granted or not granted at the absolute discretion of the city. Vendor may not sublet any or all of the premises without prior written approval from the Administrator & Community Services Director. 8. DAYS AND TIME OF OPERATION. Vendor shall provide food and beverage services from the designated premises during the dates and times listed in Section 3.2. 10. OTHER VENDOR RESPONSIBILITIES. In addition to providing the vendor services described above, Vendor shall provide the following: 10.1 Litter pick-up in and immediately around the designated premises at the close of service each day. 10.2 To present its employees as neat, clean and professional with clothing or identification which distinguishes them as employees of the Vendor. l 0.3 To provide for City's review and secure the City's approval of the products and prices that it proposes to offer to patrons of the Premises. City's approval shall not be unreasonably withheld. l 0.4 To maintain current and valid all applicable business licenses and health permits and abide by industry laws and standards in regards to food handling and mobile vending and COVID 19. 11. VENDOR PROVIDED EQUIPMENT. Cash registers shall be sealed and so designed as to show the customer the amount of the sale and to record accurately all the daily and monthly total gross receipts. 12. CITY'S REPRESENTATIONS, WARRANTIES AND COVENANTS. City hereby represents and warrants to Vendor that it has the full right, power and authority to grant use of the Premises to Vendor. Except as specifically set forth herein, neither City nor its agents have made any representations with respect to the Premises. No rights, easements, or licenses are acquired by Vendor by implication or otherwise except as expressly set forth in the provisions of this Agreement. The use of the property by the Vendor shall be conclusive evidence that the Premises were in good condition at the time possession was taken. VENDOR ACCEPTS THE PREMISES AS-IS. 3 13. EARLY TERMINATION. Either party may terminate this agreement by giving written notice of its intent to terminate 30 days in advance. 14. QUIET ENJOYMENT. City agrees that so long as Vendor observes and performs all of the agreements and covenants required of it hereunder, Vendor shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by City, its agents or employees. 15. TAXES. Vendor shall pay all taxes assessed against and levied upon Vendor's trade fixtures, and all other personal property of Vendor contained in or around the Premises. 16. INDEMNIFICATION / HOLD HARMLESS. Vendor shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Vendor's use of Premises, or from the conduct of Vendor's business, or from any activity, work or thing done, permitted, or suffered by Vendor in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 17. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Vendor's operation and use of the Premises. 17 .1 Minimum Scope of Insurance. Vendor shall obtain insurance of the types described below: (a) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form GC 00 01 and shall cover premises and contractual liability. The City shall be named as insured on Vendor's Commercial General Liability insurance policy using ISO Additional Insured Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. (b) Property insurance shall be written on an all risk basis. 17 .2 Minimum Amounts of Insurance. Vendor shall maintain the following insurance limits: (a) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. (b) Property insurance shall be written covering the full value of Vendor's property and improvements with no coinsurance provisions. 17.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 4 (a) The Vendor's insurance coverage shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and shall not contribute with it. (b) The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 17.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 17.5 Verification of Coverage. Vendor shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Vendor. 17.6 Waiver of Subrogation. Vendor and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 17.7 City's Property Insurance. City shall purchase and maintain during the term of the Agreement, all-risk property insurance covering the Premises for their full replacement value without any coinsurance provisions. 18. DAMAGE OR DESTRUCTION; CONDEMNATION. If the Premises are damaged or destroyed in whole or in part; or if the Premises or a substantial portion thereof were taken by condemnation or under the power of eminent domain, City may, at its option, elect to terminate this tenancy. 19. SURRENDER AT EXPIRATION. Upon expiration of the Agreement term or earlier termination on account of default, Vendor shall surrender the Premises in the same condition as at the commencement of the Agreement, reasonable wear and tear expected. 20. DEFAULT. Vendor shall be in default of this Agreement if it fails to comply with any term or condition or fulfill any obligation of the Agreement. In the event of a default, this Agreement may be terminated at the option of City by written notice to Vendor. Whether or not the Agreement is terminated by the election of Vendor or otherwise, City shall be entitled to recover damages from Vendor and City may retake possession of the Premises, and reserves any other remedy available to the City under the applicable law. 21. MISCELLANEOUS. 21.1 Environmental Compliance By Vendor. Vendor shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises. 21.2 Signs. Vendor shall not erect signage without City's prior written consent. 5 21.3 Non-waiver. Waiver by either party of strict performance of any provision of this Agreement shall not be a waiver or of prejudice to the party's right to require strict performance of the same provision or any other provision in the future. 21.4 Notices. Any notice required or permitted under this Agreement shall be deemed to have been given when actually delivered or 72 hours after deposited in the United States mail as certified mail addressed to the address first given in this Agreement or to such other address as may be specified from time to time by either of the parties in writing. 21.5 Time of Essence. Time is of the essence of the performance of each of the obligations under this Agreement. 21.6 Recording of Agreement. This Agreement shall not be recorded. 21.7 Vendor shall observe reasonable Rules and Regulations established and amended by City for the Premises from time to time upon 30 days advance, written notice from City to Vendor. Vendor shall have a reasonable opportunity to comment on proposed rules and regulations. 21. 8 Assignment. Vendor shall not assign, transfer or grant to any third party the right to occupy the Premises or to sell food or beverages as granted under this Agreement. 21.9 Alterations, Improvements And Additions. Vendor shall make no alterations, improvements or additions to the Premises without prior written approval of the City. Vendor shall not add furniture or other items to the Premises, except for furnishings, which are reasonably necessary for Vendor to conduct its permitted activities. 21.10 Compliance with Laws, Ordinances and Regulations. Vendor shall comply with all laws, ordinances and regulations of any governmental agency or public authority having jurisdiction over the Premises or Vendor's use thereof. 21.11 Responsible Party. Fallowing is the name and phone number of the party which may be contacted in an emergency (24 hours per day; 7 days per week availability): Name: ___ A_nd_r_ew_C_h_ilt_o_n _____________ _ Phone Number (509) 800-7110 ------------------ 6 IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed as of the day and year first above written. CITY OF PASCO VENDOR ACS Director Print Name Owner Date: __ i+--+-l-2.--~\---2021 Title Date: April 27 2021 ----------- 7 Appendix A The following map indicates the location at which the Vendor is allowed to set up at on the dates and times specified in Section 3.2. 8 Appendix B The following menu and prices have been agreed to by both parties and anything not listed on this menu that is offered for sale will constitute a contract default as described in section 20 of the contract. Item Price 9 tJ •:'."" ,. •· ~:" ~''f"±i,i:····• X ·· s'.;:-1. ''cci:c' ·•:::....:::s · ::::£::' '=,_c · := · .:,,.:. ;.., 'c,~.)''.''~/c:',~~'<'>'.\"::k::,';!~;~,•,,,..-·''.'~~:~"::>;.,-.. ~~'-.c;;:: '.'' ,·~tt ~;J BUSINESS LICENSE 63 ;!1 t,,i ~,: ,j 11;1 qAII 01 f1{ r. W/\,ttlNCTON Issue Date: Mar 05, 2021 xr [:,J Partnership Unified Business ID#: 603589274 Pi t; Business ID#: 001 1•5', !;~ Location: 0001 /~;f !, .. \,.l DOGGIE-STYLE GOURMET Expires: Feb 28, 2022 .J f 1 ~~oiN~~~i~.~f 99337-2319 I~;} r1 UNEMPLOYMENT INSURANCE _ ACTIVE INDUSTRIAL INSURANCE _ ACTIVE 1~f:~ {:1 MINOR WORK PERMIT -ACTIVE TAX REGISTRATION -ACTIVE :f~ [( I~ M I~ t,11 F. r:r. :?; ((! c~;N~~~~~~~~N:~:CCUPATION BUSINESS -ACTIVE {~ ~):1 :~:iL~i~~~::~!~~~!~:~~~~-~!~~!~:~~8!!~; ~~~~~~E !~1 w v.~ ff1 J;f ri.• . ·i "··.rJ DUTIES OF MINORS: i'fi rtl Ages 16-17: Taking Cash, setting up equipment, cooking hot dogs. *MINOR MUST BE SUPERVISED BY A 1~11 ~: RESPONSIBLE ADULT IF WORKING PAST 8:00 P.M.* l:j ~ ~ t1,1 ,F,J fi• LICENSING RESTRICTIONS: t IJ~ It is the business's responsibility to comply with minor work permit requirements. See WAC 296-125-030 and WAC lf\:i f:~ 296-125-033 for Non-Agricultural and WAC 296-131-125 for Agricultural guidelines and restricted activities. Vr ~· Please note: The U.S. Department of Labor prohibits minors under the age of 18 from using power food slicers and J t,1 grinders. i~:; r .... ffl PARTNERS: ~ t, 1 GUY, TANNER KINGSLEY CHILTON, ANDREW MARTIN i~] .1$;•· 1·,, ·t,1 .lS! t,1 Irr• i, 1,-:\ ~· ~ ~ ~ t.\.:1. ~ ~i.'.r.~: ... :.1,• ;<: • • I'.:?.: . 1 fhi51 doc11111t:'nt li~ts the registration<., endon,enu.·11t~, .uul licPnse,;,, .,11thori1Pd for tlw hu(;,i,w ... (, ti r'. na,ned .,hove. By d( Ct'pting this doc llflH•nt, tlu· lic_c•nsPt' ( t-'rtifie~ tin: i11forn1c1tiun Oil the dpplic 1tlio11 :r11 R :. wa-; < 0111plcte, truf', and iHTtnah' to Hw bt~st of hi~ 01 her kno\\ 1£>dge, and that bu-.incss \\'ill he _________ -----~--__ _ ________ --··-___ ______ _____ __ _ j'-)j flj~:.~cl,1::.~.i11,::;l;l:.li:,,••,:~.:~l'. .. ~'.l~~:;,:•:~:g:::t.~~1:,:.~.••l:;•,:,d.,:.r1;:;i,,:1~,:;,.~· .. A?"7 •• ~;•••::;i:''':;~•:~::~n;,:~··,.7J•,,·:,~N UBI: 603589274 001 0001 DOGGIE-STYLE GOURMET 3209 W 21ST AVE KENNEWICK, WA 99337-2319 STATE OF WASHINGTON UNEMPLOYMENTINSURANCE- ACTIVE INDUSTRIAL INSURANCE -ACTIVE MINOR WORK PERMIT -ACTIVE TAX REGISTRATION -ACTIVE KENNEWICK HOME OCCUPATION BUSINESS -ACTIVE PASCO GENERAL BUSINESS - NON-RESIDENT #28892 -ACTIVE RICHLAND GENERAL BUSINESS - NON-RESIDENT #F05 -ACTIVE Expires: Feb 28, 2022 SJATI 01 WA~HINL ION Partnership BUSINESS LICENSE DOGGIE-STYLE GOURMET 3209 W 21ST AVE KENNEWICK, WA 99337-2319 REGISTERED TRADE NAMES: DOGGIE STYLE GOURMET UBI: 603589274 001 0001 DOGGIE-STYLE GOURMET 3209 W 21ST AVE KENNEWICK, WA 99337-2319 STATE OF WASHINGTON UNEMPLOYMENTINSURANCE- ACTIVE INDUSTRIAL INSURANCE -ACTIVE MINOR WORK PERMIT -ACTIVE TAX REGISTRATION -ACTIVE KENNEWICK HOME OCCUPATION BUSINESS -ACTIVE PASCO GENERAL BUSINESS - NON-RESIDENT #28892 -ACTIVE RICHLAND GENERAL BUSINESS - NON-RESIDENT #F05 -ACTIVE Issue Date: Mar 05, 2021 Unified Business ID#: 603589274 Business ID#: 001 Location: 0001 Expires: Feb 28, 2022 Expires: Feb 28, 2022 IMPORTANT! PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE POSTING THIS LICENSE General Information • Post this Business License in a visible location at your place of business. • If you were issued a Business License previously, destroy the old one and post this one in its place. • All endorsements should be renewed by the expiration date that appears on the front of this license to avoid any late fees that may apply. If there is no expiration date, the endorsements remain active as long as you continue required reporting (see Endorsements). • Login to My DOR at busjness,wa,goy/BLS if you need to make changes to your business name, location, mailing address, telephone number, or business ownership. Telephone: (360) 705-6741 Endorsements Although tax registration, unemployment, and industrial insurance endorsements appear on your Business License, the registration with the agencies that govern these endorsements is not complete until they have established an account for your business. Each registering agency requires you to submit periodic reports. Each agency will send you the necessary reporting forms and instructions. Corporations, limited liability companies, etc. You must submit a Business License Application and file with the Corporations Division of the Secretary of State before you can legally operate as a corporation, limited liability company, or other business organization type that requires registration. If you have any questions, call (360) 725-0377. For assistance or to request this document in an alternate format, visit http://business.wa.gov/BLS or call (360) 705-6741. Teletype (TTY) users may use the Washington Relay Service by calling 711. BLS-700-107 (04/14/16) -· PUBLIC. 1&11.TH Prel'l!nt•P~•Pl"Otact: cn:mrvzm:rn::rurnru1rom Washington State Food Worker card c..-1 ANDREW CHILTON ~~ Vaid from • 03/05l2018 to 03l'05l2020 Health Officer • a.nmn-F,....HaalhDinicl: 1180402A2JYVJCC1 PL3403151-F112474 CG 20 26 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s): City of Pasco Information required lo complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II· WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. in the performance of your ongoing operations; or 2. in connection with your premises owned by or rented to you. However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded lo such additional insured will not be broader than that which you are required by the contract or agreement lo provide for such additional insured. B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION Ill - LIMITS OF INSURANCE: If coverage provided lo the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1. required by the contract or agreement; or 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 (Ed. 04/13) PRO Copyright, ISO Properties, Inc., 2012 Page 1 of 1 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE(M""'°"""'1 ~ 04/2712021 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 CONSmUTE 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME7" FLIP Program Support Veracity Insurance Solutions, LLC. r .. H$>H!. s:-~ (844 )-520-6992 FAX AJC No: 260 South 2500 West, Suite 303 E-MAIL info@fliprogram.com ADDRESS: --------Pleasant Grove UT 84062 --r INSUR~R(S) Mlf~NG COYERA~ NAICI NSURERA: Great American Alliance Insurance Co. 26832 -··----"---~---------------------- ltSURED NSURERB: I Doggie style gourmet INSURERC: -----------~----! 2706 iris Street INSURERD: West Richland WA 99353 N~R§RE: NSURERF: ---i------ COVERAGES CERTIFICATE NUMBER· REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INf: TYPE OF INSURANCE !~ ~~[ POLICY NUMBER [ POLICY EfF ~ l :m-~-T LIMITS GENERAL UABILITY .__ X COMMERCIAL GENERAL LIABILITY ~ CLAIMS-MADE ~ OCCUR A ~,----- L----! --------------- GEN'L AGGREGATE LIMIT APPLIES PER x --POLICY I ~9.; I LOC AUTOMOBILE LIABILITY ~ ANY AUTO ALL OWNED F SCHEDULED ,____....! AUTOS ~~~WNED f--HIRED AUTOS ___ AUTOS UMBRELLA UAB EXCESSLIAB !OCCUR 11! CLAIMS-MADE I i OED I RETENTION$ I WORKERS COMPENSATION j AND EMPLOYERS' LIABILITY y / N I ANY PROPRIETOR/PARTNER/EXECUTIVE • .-, OFFICE/MEMBER EXCLUDED? N I A I : (Mandatory In NH) I ~~~~~-----··-i PL3403151-F112474 ! ' ,I 03,21,2021 i I i ! I ' I ! : i I EACH OCCURRENCE 1,000,000 300,000 1 1 MEDEXP(Anyoneperson) _ __!._____ 5,000 03/27/2022 PERSONAL & ADV INJURY $ ---1-,-oo_o ___ oo_o__, ! GENERAi.AGGREGATE $ __ 2,000,000 I PRODUCTS-COMPIOPAG~: s 2,000,000 ANIMAL BAILEE $ BODll Y INJURY (Per person) $ I BODILY INJURY (Per aocident) S IW~=~nt?AMAGE . $ ~ ~CH OCCURRENCE I AGGREGATE l J r~~[tJ;¥s. I E l EACH ACCIDENT -~,-- OTH-. EB:~ $ ~-~ISEA~--:~ EM~~OY~ ~ I E.l. DISEASE -POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addttlonal Remarks Schedule. If more space Is required) Certificate holder had been added as additional insured regarding the above mentioned policy per attached Additional Insured -Designated Person or Organization (CG 20 26 Ed. 04 13) CERTIFICATE HOLDER City of Pasco 525 N. 3rd Ave Pasco, WA 99301 : ACORD 25 (2014101) INS025 1201401) CANCELLATION 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 #r4~ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reglsteNd marks of ACORD (alglllllunl) aw ., PUBLIC. 1&11.TH Prevent • Promou • Prouct IUIZILZ.UC&Si&.&Ci S•i UIIZlid?li!f·i :l:tll :•: 11·11 UI •15il ·I Ii I Washington State F WorkerCerd ----~WCHILTON va1c1r..Wl'li 03ID5rl020to03t4'05l'l023 1447A31HT JC01C23 (!l;.'=;(!l (!I