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Home My WebLink AboutKona Ice 07.02.21VENDORICONCESSION AGREEMENT For _ [4T1 Of July Celebration at Memorial Park�_One Day Event 1. PARTIES. This Agreement (Agreement) is made and entered into as of .1t A 1 2021, by and between the City of Pasco, a municipal corporation (City) and Fee _ (Vendor). The following is the official contact information that shall be used for correspondence between the parties: CITY OF PASCO VENDOR Recreation Services r114U� 3 «: of I h QieS 525 N. 3rd Ave got'3 ov� 'v!� Pasco, WA 99301 2. TERM. This Agreement, upon execution, shall commence at 11:30am on the 4th day of July., 2021 and unless terminated for a breach or as provided herein, shall continue in full force until 4:00pm of that same day. 3. PREMISES. City hereby grants permission to Vendor permission to sell its goods/services during the 41' Of Jul-, Celebration at Memorial Park at the specific location(s) specified below. Location: Next to Memorial Park Pavillion off of 15" and Bonneville in the City of Pasco, County of Franklin, State of Washington. 4. DEPOSIT/RENT. A Deposit in the amount of $50 will be paid and is due to the City at the time of signing and execution of this agreement. The deposit will be subtracted from the final payment as outlined in Appendix B. If Vendor backs out and does not present itself on the day of the event they shall forfeit their deposit in its entirety. (Will not aR)ly thisyear, 2021). Rent shall be payable to the City by the Vendor in the amount of and on specified dates included in Appendix B. Rent shall be payable to City at the address shown above, or to such other address as City may designate by written notice as provided herein, without demand and without deduction, setoff or counterclaim. 5. VENDOR RIGHT. Vendor shall have the right during scheduled rentals (dates and times in appendix B) only, subject to payment of the Vendor compensation and 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. 5.2 Vendor is required to supply and use adequate electrical equipment. 2 6. VENDOR RIGHT COMPENSATION. Vendor shall pay City for the right to sell the agreed upon goods/services (As specified in Appendix C) at Premises during the dates and times specified in Appendix B, with rent payments. 6.2 Reports. Vendor shall provide to City an itemization of its gross receipts for each rental date, listing separately food, beverage, and any other general product sales category conducted on the premises. 7. DEFINITION OF GROSS RECEIPTS. For the purposes of this agreement, the term "gross receipts" shall mean the total sum of all sales made at or from the designated premises, whether for cash or on credit, less the amount of any sales tax or other direct consumer tax which may specifically be paid by the purchaser or customer at the time of purchase or payment, and including but not limited to orders taken at the premises but filled elsewhere and orders taken elsewhere but filled at the premises. 8. 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. 9. DAYS AND TIME OF OPERATION. Vendor shall provide food and beverage services from the designated premises during the dates and times listed on Appendix B. 10. OTHER VENDOR RESPONSIBILITIES. In addition to providing the vendor services described above, Vendor shall provide for the following: 10.1 To provide for litter pick-up in and immediately around the designated premises at the close of service each day. 10.3 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. 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. Such cash registers shall be available to City at any reasonable time for inspection. 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. 1.3. 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. limits: (b) Property insurance shall be written on an all risk basis. 17.2 Minimum Amounts of Insurance. Vendor shall maintain the following insurance 4 (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: (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:VU. 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 5 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. 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:- c x « i. P- Phone Number 0 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 r tkai, A& Director Date: 2 2021 VENDOR "signature Print Name Co- OWvu.,- 41 r y Title Date: 2021 7 Appendix A The following map indicates the location that the Vendor is allowed to set up on the dates and times specified in Appendix B. Appendix B Rent to provide sale of goods/services on the following dates at the location listed in Appendix A shall be as follows. Failure to make these payments will constitute a contract default as described in section 20 of the contract. EVENT & DATE: Grand Old 4th of July 7/4/2021 Vendor shall pay to the City, 10 % of the gross receipts received by them during the time and at the location specified in this agreement. We have decreased the percentage from the normal 20% from previous years, due to fewer people that may be in attendance (i.e. the parade). Said payment shall be made within 5 business days of the completion of the event and shall be made payable to "The City of Pasco" and be sent "Attn: Recreation Services" to the address listed at the beginning of the agreement. The payment shall be accompanied by a completed Sales Reconciliation Form (Appendix D) and with the Vendor's cash till receipt or financial statement, showing gross sales received by Vendor during the event. 0 Appendix C 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 10 Appendix D Sales Reconciliation Form Vendor Name: Representative Name: EVENT: Pasco's Grand Old 4" of July TOTAL GROSS SALES: LESS TAXES: NET AMOUNT: AFTER TAX 10% PAYMENT LESS $50 DEPOSIT: REMAINING BALANCE OWED TO CITY: - (Will not apply this year, 2021} Check List ❑ Payment to City ❑ Completed Sales Reconciliation Form ❑ Copy of Vendor's Cash Till Receipt/Financial Statement 11 G y y oA, BUSINESS LICE —SE Issue Date: Apr 17, 2021 STATE OF Unified Business ID #: 604115162 wASHIN�TQN Limited Liability Company Business ID #: 001 Location: 0001 WHEELHOUSE ENTERTAINMENT LLC Expires: Apr 30, 2022 KONA ICE OF PASCO 4003 MONTEREY DR PASCO, WA 99301-8128 UNEMPLOYMENT INSURANCE - ACTIVE INDUSTRIAL INSURANCE - ACTIVE MINOR WORK PERMIT - ACTIVE TAX REGISTRATION - ACTIVE CITY ENDORSEMENTS: 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 DUTIES OF MINORS: Ages 16-17: 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. 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) 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. Director, Department of Revenue Y`rt jobs STATE OF WASHINGTON Limited Liability Company BUSINESS LICENSE REGISTERED TRADE NAMES WHEELHOUSE ENTERTAINMENT LLC REGISTERED TRADE NAMES: KONA ICE OF TRI-CITIES WA 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. Unified Business ID #: 604115162 Director, Department of Revenue '""VALT E S JL 5 A Cn w I noon AIV Secretary of State 1, KIM WYMAN, Secretary of State of the State of Washington and custodian of its sea], hereby issue this CERTIFICATE OF FORMATION to WHEELHOUSE ENTERTAINMENT LLC a/an WA Limited Liability Company. Charter documents are effective on the date indicated below. mom In !MOM 'a a a aN. mama -own a — I -"a :down own INMEEMN Date: 4/12/2017 UBI Number: 604-115-162 Given tinder my hand and the Seal of the State of 'yVashington at 013,nipia, the. State Capital Kim Wvman. SecretaiN of State Date Issued: 4/18/2017 Washington State Food Worker Card n%7mt—j A" Washington *S!&'e, Food Worker Card MARISSA KERR I vdw ftml 0411712020 to GROVER KERR Healkh Otficar 1447M31UR4011C22 valid from Jx� E 14470316JB201K.21 LTH Washington State Food Worker Card Washinginn State Food Worker Card MICAELA KERR CARRIE PARKS vaw Ir [LET] Vdkj from ME IVI OW0212020 to r 1 07110/2020 to 0711t health 01ficer rI alaHealth Officer , 1447C31PJQ401P23 HcnSmFnrrlHremQrxu 1447M31MPD70IK22 —N.— " Iff Washil State F-qW Worker Card Washington State Food Worker Card SRgtbRA KERR VE'RONIbA DANIEL - Mid Imill 02121r.020 to" 1447S3167NNOIK21 1447V311-16XV01D22 Washington State Food Worker Card Washington State Food Worker Card NJUKIL �Q MeN Cq' (signal vabdirorn 0513112021 luMi/2023 I END !,V.' I'VE] Health Offficer Valid ft— 14473322VPDOlT23 0411IM0201uh7r," Health Officeir 1447C31K3QR01P22 AC O® CERTIFICATE OF LIABILITY INSURANCE DATEi+roD)YYY>7 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 13ETWF-EN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 PHONE (859) 586 8580 FAX 859) 586 8616 PO Box 357 -MAIL aM'O@oomerstoneinsllc.com Alc No): i ADDRESS: Hebron INSURED KY 41048 Wheelhouse Entertainment LLC, DBA: Kona Ice of Pasco 4003 Monterey Drive INSURER S) AFFORDING COVERAGE NAIL # INSURERA ; Great American Insurance Company of New York 22136 INSURER 8 : Great American insurance Company 16691 INSURER C : INSURER D : INSURER E : Pasco WA 99301 INSURER F : COVERAGES CERTIFICATE NUMBER: 2021-2022 REVISION NUMBER: THIS IS TO CERTIFYTHATTHE 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 CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE 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. IN R CY EFF— LTR TYPE OF INSURANCE N POIJCY NUMBER MNVDDWYN NMLr /DD EXP LIMITSCOMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 !� CLAIMS -MADE FX—IOCCUR PREMISES Ea occurrence] $ 500,000 A I Y SPP3099659 GEN'LAGGREGATE LIMRAPPLES PER: ❑ PRO- ❑ POLICY JECTLOC OTHER: AUTOMOBILE LIABILITY X ANYAUTO B OWNED SCHEDULED CAP3099660 AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAR OCCUR EXCESS LIAR .,..- DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y r N ANY PROPRIETORIPARTNER/EXECUTIVE ❑ NIA OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If Vas. describe under 07117/2021 07/17/2022 MED EXP CAny one erson) $ 10,000 PERSONAL B,ADVINJURY $ 2,000,000 GENERALAGGREGATE $ 4,000,000 PRODUCTS -COMPIOPAGG $ 4,000,000 $ 07/17/2021 07/17/2022 COMBINED SINGLE UMrr Ea scciderrl: $ 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY (Per accident) $ OP-. TV DAMAGE Peraccident $ EACH OCCURRENCE $ $ AGGREGATE $ PER OTF.- STATUTE ER $ E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICYUMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate holder is listed as an additional insured With regards to the operations of the named Insured. City Of Pasco, Rec Services 525 N 3rd Ave 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 Y Pasco WA 99301- 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD