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PK16-164 - Original - Consolidated Food Management, Inc. - Senior Center Lunch Program - 02/15/2016
AIL wo, „. � C sd/r„ KEN T �,� Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission. to City Clerks Office. All portions are to be completed!. If you have questions, please contact City Clerk's Office. Vendor Name: _.C�Vf�S CA 1 .. 1 C ��,�e ,z, ev p r w Vendor Number: JD Edwards Cumber Contract Number: JJ " This is assigned by City Clerk's Office Project Name: Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑'contract 171 Other: Contract Effective Date: 11 6 1 Termination bate: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amiendment Contract Manager: �.. (. '! ;.. >k au, _' Department: tr, .. _ Contract Amount: Approval Authority: 'Department Director -Mayor 'City Council' Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 CONSOLIDATED FOOD MANAGEMENT, INC. DIETARY MANAGEMENT SERVICES AGREEMENT THIS DIETARY MANAGEMENT SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Kent, a Washington municipal corporation, for the Kent Senior Activity Center with offices located at 600 East Smith Street, Kent, Washington 98030 (hereinafter referred to as "Client"), and Consolidated Food Management, INC., located at 7429 S. E. 2711 Street, Suite 203, Mercer Island, Washington 98040-247, (hereinafter referred to as "CFM") (collectively referred to as "the Parties"). WITNESSETH: WHEREAS, Client and CFM had previously entered into a Food Service Management Agreement in 2009 for food services at the Kent Senior Activity Center; and WHEREAS,the Food Service Management Agreement provided that its term would automatically renew for subsequent one-year periods on mutual agreement of both Parties, and the current term is set to expire December 31, 2015; and WHEREAS, the Parties desire to enter into a new agreement to acknowledge the current contracting parties and to extend the services CFM provides from February 15, 2016 through February 14, 2017; NOW,THEREFORE, in consideration of the mutual covenants and agreements herein,the Parties agree as follows: SECTION 1. DEFINITIONS. As used throughout this Agreement, the following terms shall be defined as follows: 1.1. Accounting Period. CFM accounting calendar is based on a 4-4-5 method of accounting which consists of three (3) rotational periods of 28 days, 28 days and 35 days. 1.2. Agreement.This Dietary Management Service Agreement. 1.3. Cooking Equipment. Any equipment or appliance reasonably necessary for Services including, without limitation, stove, oven, sink, refrigerator, microwave, mixer, steamer, slicer and freezer. 1.4. Facilities. Space for CFM to prepare and perform Services at the Premises including, without limitation, food preparation areas, dining facilities, places to store and maintain food supplies, office space, and adequate dressing rooms and restrooms for CFM' employees. 1.5. Dietary Management Service. Operations to be provided by CFM in accordance with this Agreement that involve the preparation, service and sale of food and beverages at the Premises. 1.6. Office Equipment. All office items reasonably necessary for CFM staff to perform office related functions at the Premises including, without limitation, desk, chairs, shelving and file cabinets. 1.7. Premises. The Client's food service facility(ies) located at 600 East Smith Street, Kent, Washington 98030. 1.8. Products. Food, beverages,goods, merchandise and other items at the Premises. 1.9. Proprietary, Confidential and Trade Secret Information. Items used in CFM Food Management Services(owned by or licensed to CFM)including,without limitation, menus, Page 1 of 7 signage, surveys, Software (i.e. menu systems, food production systems, accounting systems), recipes, management guidelines and procedures, operating manuals, personnel information, purchasing and distribution practices, pricing and bidding information, financial information, provided,however that the following items are specifically excluded: (i) information generally available to and known by the public or (ii) information independently developed or previously known by the Client. 1.10. Services. Collectively the Products and Food Management Services. 1.11. Servicewares. Items used in the service of food and beverages including, without limitation,chinaware,glassware,silverware. 1.12. Smallwares. Items used in the preparation of food including, without limitation, pots, pans and kitchen utensils. 1.13. Supervisory Employee. Those persons who have directly or indirectly performed management or professional services on behalf of CFM for the Client at any time during this Agreement. 1.14. Utilities and Amenities. All utilities reasonably requested by CFM to provide Services at the Premises including, without limitation, heat, hot and cold water, refrigeration, lights, electric current, garbage removal services, exterminator services, telephone services, internet access, and sewage disposal services. SECTION 2. AGREEMENT INTENT. 2.1 In accordance with the terms of this Agreement, CFM will provide Dietary Management Services at the Premises, and provide and/or sell to Clients, employees, guests and other persons such Products as shall be reasonably approved by the Client. SECTION 3. TERM OF THE AGREEMENT. 3.1 This Agreement shall commence on February 15, 2016 and will remain in effect through February 14, 2017, unless the Parties agree to an extension through the execution of a mutually agreeable amendment to this Agreement. 3.2 Termination. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days' advance written notice at its address set forth on the signature block of this Agreement. 3.3 Continuing Obligations. The termination of this Agreement shall not affect the rights, privileges, liabilities and/or responsibilities of the Parties as they exist as of the effective date of termination. The Parties shall cooperate fully with each other during the term of the Agreement and subsequent to the termination in order to ascertain and satisfy all liabilities of either party to the other. All outstanding amounts owed to CFM shall become due and payable immediately upon termination. 3.4 Assignment/New Ownership. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. This consent to assignment equally applies in the event CFM is sold in the future. Page 2 of 7 SECTION 4. SERVICES. 4.1 Locations and Hours. CFM shall operate and manage Services at the Premises and shall provide necessary Food Management Services at such hours and locations as the Client and CFM mutually agree. 4.2 Program Specifications. As part of its regular service, CFM shall provide the following: A. Menu.The menus shall remain in effect as mutually agreed upon by the Parties. 4.3 Products. CFM shall purchase Products and supplies necessary to comply with CFM's obligations as set forth in this Agreement. 4.4 Compliance with Food Safety Laws. CFM shall abide by all federal, state and local regulations governing the preparation, handling and serving of food. Client shall cooperate with CFM to accomplish the foregoing. 4.5 Cleaning. CFM shall perform routine cleaning and housekeeping in the food preparation and service areas. Client shall perform major cleaning including, without limitation, stripping and waxing floors, cleaning walls, windows, fixtures, ceilings, electric light fixtures, grease traps, hoods and vents, duct work, plenum chambers and roof fans throughout the Facility as defined herein. SECTION 5.FACILITIES.UTILITIES AND EQUIPMENT. 5.1 Facilities, Utilities and Cooking Equipment. Without cost to CFM, Client shall provide CFM with the necessary Facilities for the operation of Services, and all Utilities and Cooking Equipment reasonably requested by CFM for the safe and efficient performance of this Agreement, subject to CFM's duty to exercise reasonable care in the course of such use. CFM has inspected the Premises and the existing Facilities, Utilities, and Cooking Equipment and warrants that it is sufficient for purposes of this Agreement. 5.2 Safe Condition. As CFM and its employees are the primary users of the Premise's Facilities, Utilities, and Equipment for the Services contracted for in this Agreement, CFM shall inform the Client within 24 hours of any unsafe situation that it believes violates the Occupational Safety and Health Act ("OSHA")or any other similar federal, state or local law or regulation. In such an event,the Parties will promptly discuss the matter with one another and mutually agree on a proper remedy of the condition. CFM has inspected the Premises and the existing Facilities, Utilities, and Cooking Equipment and is not aware of any existing condition that is either unsafe or in violation of any OSHA or other similar federal, state, or local law or regulation. Due to procurement and contracting regulations that apply to Client, CFM shall have no authority to authorize any repair or to purchase any Equipment,any item or good,or any service on the Client's behalf. 5.3 Cooking Equipment, Smallwares and Servicewares. At its own expense, Client may furnish CFM with the appliances, wares and equipment reasonably requested by CFM including Cooking Equipment, Smallwares, and Servicewares. However, if any such purchase is made by the Client, all items purchased are and will remain the property of the Client. 5.4 Taxes. Client is responsible for all federal, state, and local taxes or fees required for the Premises, including property taxes,or Client's equipment located on the Premises, including sales or use tax. CFM is responsible for all federal, state, and local taxes or fees required and resulting from the Services CFM provides under this Agreement, including without limitation payroll taxes, sales tax, or business and occupation tax, if applicable. This provision shall survive termination of this Agreement. To the extent legally permissible, Page 3 of 7 CFM will utilize with its vendors the Client's tax exempt status for purchases made on behalf of the Client. SECTION 6. FOOD LICENSES AND PERMITS. 6.1 CFM shall procure, maintain and post the food licenses and permits as required by law. Other than licenses and permits by CFM in accordance with this Agreement, the Client represents and warrants that it has and will maintain all required licenses and permits necessary to operate the Premises and the Food Management Services. The Client represents and warrants that the Premises is in compliance and will remain in compliance with local, state, and federal laws and regulations. The Client agrees to notify CFM immediately upon receiving notice of loss of any such permit or license. SECTION 7. EMPLOYEES. 7.1 Employees. CFM shall hire employees necessary for its performance of this Agreement. Persons employed by CFM will be the employees of CFM and not of Client. 7.2 Independent Contractor Relationship. It is mutually understood and agreed, and it is the intent of the Parties that an independent contractor relationship is hereby established under the terms and conditions of this Agreement. Employees of CFM are not, nor shall they be deemed to be, employees of Client. Employees of Client are not, nor shall they be deemed to be, employees of CFM. 7.3 Wages and Hours. CFM shall comply with all applicable federal, state and local laws and regulations pertaining to the wages and hours of employment for CFM' employees. 7.4 Payroll Taxes. CFM shall be responsible for all withholding and payroll taxes relative to CFM' employees. 7.5 Equal Opportunity and Affirmative Action Employer. CFM abides by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a).These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. CFM employs and promotes individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. 7.6 Background Checks. The Client agrees that all background investigations that it elects to conduct on CFM's employees will comply with applicable local, state and federal law including,without limitation,the Fair Credit Reporting Act,where applicable. SECTION 8. CONFIDENTIALITY,TRADE SECRET AND PROPRIETARY MATERIALS. 8.1 Under Washington State Law (Chapter 42.56 RCW, the Public Records Act (PRA)), records prepared, owned, used, or retained by the Client relating to the conduct of government or the performance of any governmental or proprietary function are public records and may be subject to disclosure, if requested. If exempted by statute,some records,or information within those records, may be withheld or redacted prior to disclosure. However, exemptions to the PRA are interpreted and applied narrowly. The Parties acknowledge the Client's duty to comply with the PRA, and CFM agrees to cooperate fully with the Client with regard to the Client's duties and obligations under the PRA. If CFM holds information it believes is Proprietary, Confidential, or Trade Secret Information, CFM must safeguard that information. If CFM provides records to the Client that contains information CFM Page 4 of 7 believes is Proprietary,Confidential,or Trade Secret Information,that information may not be exempt under the PRA from disclosure to the public upon request. SECTION 9. FINANCIAL ARRANGEMENTS. 9.1 Pricing Structure. CFM shall charge and Client shall pay$6.00 per hot meal prepared with a minimum of 80 meals per day Monday through Friday. 9.2 Invoice. CFM shall issue a monthly invoice showing the cost of amounts due. Client shall pay the full monthly invoice amount within thirty(30)days from the issuance of the invoice. 9.3 moments Due and Late Payment Penalty. CFM shall issue a monthly invoice at the end of each Accounting Period showing the Cost of Business. Client shall pay the full monthly invoice amount within thirty (30) days from the issuance of the invoice. In the event payment is not made within thirty (30) days of the due date, the invoice will be subject to a finance charge of one percent of the unpaid balance from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in full. 9.4 Change in Conditions. In the event of a change in the conditions existing on the effective date of this Agreement, the Parties may mutually agree to an amendment of this Agreement. 9.5 Future Pricing and Management Fee. Annually on the anniversary date of this Agreement, CFM and Kent Senior Activity Center shall review the services provided to determine whether any pricing adjustment should be made. Any pricing adjustment must be upon the mutual agreement of both Parties, and will be effective only upon the execution of an amendment to this Agreement. 9.6 Attorney's Fees and Costs. In any dispute arising from the parties' performance of this Agreement, each party shall pay all its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit either Party's right to indemnification under this Agreement. SECTION 10. INDEMNIFICATION;INSURANCE 10.1 Client Insurance. Client agrees that Client is responsible for insuring its owned property. 10.2 CFM Insurance. CFM shall procure and maintain for the duration of this Agreement, the following insurance: A. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operation aggregate limit. Commercial General Liability coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City of Kent shall be named as an Additional Insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Auto Liability coverage shall cover owned, non- owned,hired and leased vehicles. Page 5 of 7 C. Professional Liability insurance appropriate to CFM profession with limits no less than $1,000,000 per claim. D.Worker's Compensation coverage as required by the Industrial Insurance laws of the state of Washington. The City of Kent shall be named as an additional insured on all policies(except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. Evidence of such insurance shall be provided prior to commencement of the services defined by this agreement. 10.3 Indemnification. Each Party agrees to provide the following indemnification. A. Each party agrees that it will defend, indemnify and hold harmless the other party, its officers, directors, parent corporation, affiliates, employees and agents against any and all liabilities, losses, damages, injuries, deaths, reasonable litigation expenses (including, without limitation, reasonable attorneys' fees), costs and costs of court which either party, its officers, directors, parent corporation, affiliates, employees and agents may hereafter sustain, incur or be required to pay arising out of the other party's negligent acts, omissions or failure to perform obligations pursuant to this Agreement. Provided, however, neither party shall be required to defend, indemnify and hold harmless the other party for any intentional or criminal actions of the other party or its employees, visitors or invitees. SECTION 11. GENERAL AGREEMENT TERMS. 11.1 Notice. Any notice required under this Agreement shall be deemed to have been sufficiently provided when delivered by hand,or three days after being sent by certified or registered mail return receipt requested, or by overnight delivery service with receipt of delivery, provided such delivery is to the Parties at the following addresses: Consolidated Food Management,INC. Kent Senior Activity Center Attn: Tom Cusimano Attn: Lea Bishop 1751 County Road B West,Suite 300 600 East Smith Street Roseville, MN 55113 Kent,Washington 98030 11.2 Excused Performance. If performance of any terms or provision hereof (other than the payment of monies) shall be delayed or prevented because of compliance with any law, regulation, decree or order by any federal, state, or local court, governmental agency or governmental authority, or because of riot, war, public disturbance, fire, flood, or Act of God,which is not within the control of the party whose performance is interfered with, and which, by the exercise of reasonable diligence said party is unable to prevent,the party so suffering may at its option, suspend, without liability, the performance of its obligations hereunder (other than the payment of monies)during the period such cause continues. 11.3 Assignment or Transfer. Neither party may assign or transfer this Agreement, or any part thereof,without written consent of the other party. 11.4 Entire Agreement; Waiver. This Agreement constitutes the entire Agreement between the Parties with respect to the provisions of CFM's services, and there are no other or further written or oral understandings or agreements with respect thereto except as otherwise set forth herein. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized officers of CFM and Client. Page 6 of 7 This Agree me nt supersedes a I I other agreements between the Parties or their predecessors for the provision mfCFK8Services. 11.5 This Agreement may be executed in multiple ^ counterparts, each of which shall be effective upon delivery and, thereafter, shall be deemed to be an original, and all of which shall be taken as one and the same instrument with the same effect asif each party had signed on the same signature page. This Agreement may be transmitted by fax or by electronic mail in portable document format ("PDF") and signatures appearing mn faxed instruments and/or electronic mail instruments shall be,treated as original signatures. 11.6 State Guidelines. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim a,risingfroom the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference Or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing toan alternative dispute resolution process. A facsimile copy or photocopy of this Agreement shall be valid as an original thereof. 11.7 Severability. Any term or provision of this Agreement that is invalid or unenforceable shall not affect the validity mr enforceability of the remaining terms and provisions hereof orthe validity or enforceability of the offending term or provision in any other situation. 11.8 Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless inwriting and signed bya duly authorized representative mf the Client and CFM. 11.9 Entire Agreement. The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the Client, and such statements shall not be effective or be construed as entering into or forming a peML of or altering in,any manner this Agreement, 11.10 . [FK4 agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Xvland's business, equipment, and personnel engaged in operat�ions covered by this Agreement or accruing out mf the performance of those operations. IN WITNESS WHEREOF, the Parties, intending to be legally bound, have caused their appointed and duly assigned officers to execute this Agreement. Title:— Title: Chief Executive Officer Dated:- Dated:. Page 7nf7 DATE(MMIDDNYYY) ACORa® CERTIFICATE OF LIABILITY INSURANCE 9/1/2016 8/31/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(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 Lock-ton Companies NAME T 3280 Peachtree Road NE,Suite#250 PHONE FAX AIC No): Atlanta GA 30305 E-MAtL (404)460-3600 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co of America 25674 INSURED Awiands,LLC INSURER B:Seri Insurance a Mutual Company 24988 1357139 Summit Food Service,LLC INSURER C:Sentry Casualty Co pany 28460 Consolidated Food Management,Inc(CFM-WA) INSURER D:Zurich American Insurance Company 16535 1751 West County Road B Suite 300 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 11977790 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE ADD R POLICY EFF POLICY EXP LIMBS LTR D POLICY NUMBER MMIDD MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY N N 660-2C786754-TIL-15 9/1/2015 9/1/2016 EACH OCCURRENCE $ 1,000,000 _ CLAIMS-MADE OCCUR -DA"69TO RENTED PREMISES E ccu n $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PPOLICY❑JECT F71LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY N N 90-18840-04(AOS) 9/1/2015 9/1/2016 COMBINED SINGLE LIMIT $ B X 90-18840-05(MA) 9/1/2015 9/1/2016 -(Oa accident) 1 OOO OOO ANY AUTO BODILY INJURY(Per person) $ J(XX7(XXX ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS XXXXXXX X HIRED AUTOS M AUTOSWNED CRer cdd DAMAGE $ XXXXXXX aXXXXXXX UMBRELLA LIAR OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION B AND EMPLOYERS'LIABILITY N 90-18840 Ol 9/t/2015 9/1/2016 X STATUTE ER C ANY PROPRIETORIPARTNERIEXECUTIVE YIN NIA 90-18840-02(Retro) 9/1/2015 9/1/2016 E.L.EACH ACCIDENT $ 1 000 000 OFFICERIMEMBER EXCLUDED? N� (Myandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 be under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S 1,000.000 D Employee Dishonesty N N MPL5817261-02 9/1/2015 9/1/2016 S3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Professional Liability:Landmark American Insurance Company NAIC#33138,Policy#LHM753126,Policy Period:9/1/2015 to 9/1/2016,Limit-S2MM/S2MM CERTIFICATE HOLDER CANCELLATION 11977790 PROOF OF INSURANCE 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 ©1988-20 ACORD CORPO TION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD FATE(MM/DD/YYYY) ,acoRn® CERTIFICATE OF LIABILITY INSURANCE 9/1/201613/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. ACT PRODUCER Lockton Companies NAME: 3280 Peachtree Road NE,Suite#250 PHONE -- FAX Atlanta GA 30305 E-MAIL (A/C No. (404)460-3600 ADDRESS: INSURERS AFFORDING COVERAGE NAIC 11 INSURER A;Travelers Property Casualty Co of America 25674 INSURED A'viands,LLC/Summit Food Service,LLC INSURER B:Senty Insurance a Mutual Company 24988 1360370 Consolidated Food Management,Inc(CFM-WA) INSURER C:Sent asu Cal3t'C an 28460 - - om P— 1751 West County Road B INSURER D:Landmark American Insurance Company 33138 Suite 300 INSURER E:Continental Casualty Com an 20443 Roseville MN 55113 INSURER F COVERAGES CERTIFICATE NUMBER: 13999551 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE INSD POLICSUER POLICY NUMBER MM!DY EFF POLICY D EXP LTR 1 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 A X Y N 660-2C786754-TIL-IS 9/I/2015 9/I/2016 CLAIMS-MADE F7x OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY y N 90-18840-04(AOS) 9/1/2015 9/1/2016 COMBINED SINGLE LIMIT $ B 90-18840-05(MA) 9/1/2015 9/1/2016 -tEa accident 1 OOO 000 X ANY AUTO BODILY INJURY(Per person) $ ytyy X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS XXXXXXX X X NON-OWNED PROPERTYDAMAGE $ XXXXXXX HIRED AUTOS AUTOS Per accident $ XXXXXXX E X UMBRELLA L1AB N OCCUR N N 6012283531 9/1/2015 9/I/2016 EACH OCCURRENCE s 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I I RETENTION$ 10,000 $ XXXXXXX WORKERS COMPENSATION N X PER OTH- B AND EMPLOYERS'LIABILITY 90-18840-01 9/I/2015 9/1/2016 _ STATUTE ER YIN C ANY PROPRIETOR/PARTNER/EXECUTIVE N/ 90-18840-02(Retro) 9/1/2015 9/1/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N❑ A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 be uner DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Liquor Liability N N 6602C786754TIL15 9/1/2015 9/1/2016 $1,000,000/$2,000,000 D Professional Liability LHM753126 9/1/2015 9/1/2016 $2,000,000/$2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Mill Creek-City of Kent is included as additional insured with regards General Liability and Auto Liability as required by written contract,provided the written contract was executed prior to the date of loss,and is subject to policy terms,conditions,and exclusions. CERTIFICATE HOLDER CANCELLATION 13999551 City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 600 East Smith Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98030 AUTHORIZED REPRESENTATJVE� ©1988-20 ACORD CORPOFtATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 0 COMMERCIAL AUTO ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED BY CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following- BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM A. Section 11. Liability A. Coverage 1 Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operat"ns-when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. The status of an additional insured under this endorsement ends when your operations for that additional insured are completed. B. The most we will pay on behalf of the additional insured is the lesser of the amount payable under Section C. Limit Of Insurance or the amount of insurance required by the contract or agreement. C. Notwithstanding any requirement, term or condition of any contract or agreement with respect to which this endorsement may pertain, the insurance afforded to the additional insured is subject to all the terms, exclusions and conditions of the Commercial Auto Coverage Form to which this endorsement is attached. CA 80 07 O2 06 TRU 90-18840-04 00 151 09-10-15 PAGE 001 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited-by-such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Amended Bodily Injury Definition B. Blanket Additional Insured—Broad Form Vendors J. Bodily Injury To Co-Employees And Co-Volunteer C. Damage To Premises Rented To You Workers • Perils of fire, explosion, lightning, smoke, K. Aircraft Chartered With Crew water L. Non-Owned Watercraft— Increased From 25 Feet • Limit increased to$300,000 To 50 Feet D. Blanket Waiver Of Subrogation M. Increased Supplementary Payments E. Blanket Additional Insured — Owners, Managers • Cost of bail bonds increased to$2,500 Or Lessors Of Premises • Loss of earnings increased to$500 per day F. Blanket Additional Insured — Lessors Of Leased N. Knowledge And Notice Of Occurrence Or Offense Equipment G. Incidental Medical Malpractice O. Unintentional Omission P. Reasonable Force — Bodily Injury Or Property H. Personal Injury—Assumed By Contract Damage PROVISIONS B. BLANKET ADDITIONAL INSURED — BROAD A. BROADENED NAMED INSURED FORM VENDORS 1. The following is added to SECTION II—WHO The following is added to SECTION 11 —WHO IS IS AN INSURED: AN INSURED: Any person or organization that is a vendor and Any organization, other than a partnership or that you have agreed in a written contract or joint venture, over which you maintain owner- agreement to include as an additional insured on ship ou-majority interest on the effective date this Coverage Part is an insured, but only with re- of the policy qualifies as a Named Insured. spect to liability for "bodily injury" or "property However, coverage for any such organization damage"that: will cease as of the date during the policy pe- a. Is caused by an'occurrence"that takes place dod that you no longer maintain ownership of, after you have signed and executed that con- or majority interest in, such organization. tract or agreement; and 2. The following replaces Paragraph 4.a. of b. Arises out of "your products" which are, dis- �' SECTION II—WHO IS AN INSURED: tributed or sold in the regular course of such vendor's business. a. Coverage under this provision is afforded •= only until the 180th day after you acquire The insurance provided to such vendor is subject or form the organization or the end of the to the following provisions: policy period, whichever is earlier, unless a. The limits of insurance provided to such ven- reported in writing to us within 180 days. dor will be the limits which you agreed to pro- CG D4 67 07 13 ®2013 The Travelers Indemnity Company.All right reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 001180 COMMERCIAL GENERAL LIABILITY vide in the written contract or agreement, or Exclusions c.through n.do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tem- Coverage Part, whichever are less. porarily occupied by you with permission of b. The insurance provided to such vendor does the owner, caused by: not apply to: a. Fire; (1) "Bodily injury" or "property damage" for b. Explosion; which the vendor is obligated to pay c. Lightning; damages by reason of the assumption of liability in a contract or agreement. This d. Smoke resulting from such fire, explosion, exclusion does not apply to liability for or lightning; or damages that the vendor would have in e. Water. the absence of the contract or agreement; A (2) Any express warranty unauthorized by separate-limit of insurance applies to such Para- you; damage to premises as described in Para- graph 6. of Section III—Limits Of Insurance. (3) Any physical or chemical change in "your „ This insurance does not apply to damage to products made intentionally by such vendor; premises while rented to you, or temporarily occupied by you with permission of the (4) Repackaging, unless unpacked solely for owner, caused by: the purpose of inspection, demonstration, testing, or the substitution of parts under a. Rupture, bursting, or operation of pres- instructions from the manufacturer, and sure relief devices; then repackaged in the original container; b. Rupture or bursting due to expansion or (3) Any failure to make such inspections, ad- swelling of the contents of any building or justments, tests or servicing as vendors structure, caused by or resulting from wa- agree to perform or normally undertake to ter; perform in the regular course of business, c. Explosion of steam boilers, steam pipes, in connection with the distribution or sate steam engines, or steam turbines. of"your products"; (6) Demonstration, installation, servicing or 2. The following replaces Paragraph 6. of SEC- repair operations, except such operations TION llt—LIMITS OF INSURANCE: performed at such vendor's premises in Subject to S. above, the Damage To Prem- connection with the sale of "your prod- ises Rented To You Limit is the most we will ucts"; or pay under Coverage A for damages because (7) "Your products" which, after distribution of "property damage" to any one premises or sale by you, have been labeled or re- while rented to you, or temporarily occupied labeled or used as a container, part or in- by you with permission of the owner, caused gredient of any other thing or substance by fire; explosion; lightning; smoke resulting by or for such vendor. from such fire, explosion, or lightning; or wa- Coverage under this provision does not apply to: ter. The Damage To Premises Rented To You Limit,will apply to all.damage proximately a. Any person or organization from whom you " caused by the same "occurrence", whether have acquired "your products", or any ingre- such damage results from fire; explosion; dient, part or container entering into, accom- lightning; smoke resulting from such fire, ex- panying or containing such products; or plosion, or lightning; water; or any combina- b. Any vendor for which coverage as an addi- tion of any of these. tional insured specifically is scheduled by en- The Damage To Premises Rented To You dorsement. Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a, $300,000; or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — this Coverage Part for Damage To Prem- COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. JURY AND PROPERTY DAMAGE LIABIL- ITY: Page 2 of 7 ®2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY' 3. The following replaces Paragraph a. of the a. Is "bodily injury" or"property damage"caused definition of"insured contract" in the DEFINI- by an "occurrence" that takes place, or "per- TIONS Section: sonal injury" or"advertising injury" caused by a. A contract for a lease of premises. How- an offense that is committed, after you have ever, that portion of the contract for a signed and executed that contract or agree- lease of premises that indemnifies any ment;and person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to racily occupied by you with permission of you. the owner, caused by: The insurance provided to such premises owner, (1) Fire; manager or lessor is subject to the following pro- (2) Explosion; visions: (3} Lightning; a. The limits of insurance provided to such premises owner, manager or lessor will be (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the plosion, or lightning; or written contract or agreement, or the limits (5) Water. shown on the Declarations of this Coverage Part, whichever are less. is not an "insured contract"; b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: of SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS: (1) "Bodily injury" or "property damage" caused by an "occurrence" that takes (b) That is insurance for premises rented to place, or "personal injury" or "advertising you, or temporarily occupied by you with injury" caused by an offense that is com- the permission of the owner, mitted,�after you cease to be a tenant in D. BLANKET WAIVER OF SUBROGATION that premises; or The following is added to Paragraph 8., Transfer (2) Structural alterations, new construction or Of Rights Of Recovery Against Others To Us, demolition operations performed by or on, of SECTION IV— COMMERCIAL GENERAL LI- behalf of such premises owner, manager _ ABILITY CONDITIONS: or lessor. We waive any right of recovery we may have c. The insurance provided to such premises against any person or organization because of owner, manager or lessor is excess over any valid and collectible other insurance available payments we make for injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED — LESSORS "your products". We waive this right where you OF LEASED EQUIPMENT Qlo have agreed to do so as part of a written contract, .� executed by you prior to loss. The following is added to SECTION 11 —WHO IS a= E. BLANKET ADDITIONAL INSURED —OWNERS, AN INSURED: MANAGERS OR LESSORS OF PREMISES Any person or organization that is an equipment The following is added to SECTION II — WHO IS lessor and that you have agreed in a written con- AN INSURED: tract or agreement to include as an additional in- sured on this Coverage Part is an insured, but Any person or organization that is a premises only with respect to liability for "bodily injury", owner, manager or lessor and that you have "property damage", "personal injury" or "advertis- agreed in a written contract or agreement to ing injury"that: _ name as an additional insured on this Coverage a. Is"bodily injury"or"property damage" caused Part is an insured, but only with respect to liability by an "occurrence" that takes place, or "per- for "bodily injury", "property damage", "personal sonal u in " or"advertising injury" caused b or advertising injury that: injury" u try y injury" " " t an offense that is committed, after you have CG D4 67 0713 0 2013 The Travelers indemnity Company.All right reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office,Inc,with its permission. 001181 COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- "Good Samaritan services" means any emer- ment; and gency medical services for which no compen- b. Is caused, in whole or in part, by your acts or sation is demanded or received. omissions in the maintenance, operation or 3. The following is added to Paragraph 2.a.(1)of use by you of equipment leased to you by SECTION II—WHO IS AN INSURED: such equipment lessor. Unless you are in the business or occupation The insurance provided to such equipment lessor of providing professional health care services, is subject to the following provisions: Paragraphs (1)(a), (b), (c) and (d) above do a. The limits of insurance provided to such not apply to any "bodily injury".arising out of equipment lessor will be the limits which you any providing or failing to provide "incidental agreed to provide in the written contract or medical services" by any of your "employ- agreement, vr'the'limits shown on'the Decla- ees", -other than an employed doctor. Any rations of this Coverage Part, whichever are such "employees" providing or failing to pro- less. vide "incidental medical services" during their b. The insurance provided to such equipment work hours for you will be deemed to be act- lessor does not apply to any "bodily injury" or ing within the scope of their employment by "property damage" caused by an "occur- you or performing duties related to the con- rence"that takes place, or"personal injury"or duct of your business. "advertising injury" caused by an offense that 4. The following exclusion is added to Para- is committed, after the equipment lease ex- graph 2., Exclusions, of SECTION I — COV- pires. ERAGES —COVERAGE A BODILY INJURY c. The insurance provided to such equipment AND PROPERTY DAMAGE LIABILITY: lessor is excess over any valid and collectible Sale Of Pharmaceuticals other insurance available to such equipment "Bodily injury" or "property damage" arising lessor, unless you have agreed in a written out of the willful violation of a penal statute or contract for this insurance to apply on a pri- ordinance relating to the sale of pharmaceuti- mary or contributory basis. cals committed by, or with the knowledge or G. INCIDENTAL MEDICAL MALPRACTICE consent of,the insured. 1. The following is added to the definition of"oc- 5. The following is added to Paragraph 5. of currence"in the DEFINITIONS Section: SECTION III—LIMITS OF INSURANCE: Unless you are in the business or occupation For the purposes of determining the applica- of providing professional health care services, ble Each Occurrence Limit, all related acts or "occurrence" also means an act or omission omissions committed in the providing or fail- committed in providing or failing to provide ing to provide "incidental medical services"to "Incidental medical services"to a person. any one person will be considered one "oc- 2. The following is added to the DEFINITIONS currence". Section: 6. The following is added to Paragraph 4.b., Ex- "incidental medical services"means: cess Insurance, of SECTION IV — COM MERCIAL GENERAL LIABILITY CONDI- a. Medical, surgical, dental, laboratory,x-ray TIONS: or nursing service or treatment, advice or This insurance is excess over any valid and instruction, or the related furnishing of collectible other insurance, whether primary, food or beverages; excess, contingent or on any other basis, that b. The furnishing or dispensing of drugs=or is available to any of your "employees" for medical, dental, or surgical supplies or "bodily injury" that arises out of providing or appliances; failing to provide "incidental medical services" c. First aid; or to any person to the extent not subject to d. "Good Samaritan services". Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. Page 4 of 7 m 2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc_with its permission. 'COMMERCIAL GENERAL LIABILITY H. PERSONAL INJURY — ASSUMED BY CON- 3. The following replaces Paragraph 2.d. of TRACT SUPPLEMENTARY PAYMENTS — COVER- 1. The following replaces Exclusion e., Contrac- AGES A AND B: tual Liability, in Paragraph 2. of SECTION I d. The allegations in the "suit" and the In- - COVERAGES — COVERAGE B PER- formation we know about the "occur- SONAL, AND, ADVERTISING -INJURY LI- rence"or-offense are such that no conflict ABILITY: appears to exist between the interests of e. Contractual Liability the insured and the interests of the in- "Personal injury"or"advertising injury"for demnitee; which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured liability in a contract or agreement. This contract" in the DEFINITIONS Section: exclusion does not apply to: f. That part of any other contract or agree- (1) Liability for damages that the insured ment pertaining to your business (includ- would have in the absence of the ing an indemnification of a municipality in contractor agreement; or connection with work performed for a (2) Liability for damages because of municipality) under which you assume the "personal injury" assumed in a con- tort liability of another party to pay for tract or agreement that is an "insured "bodily injury," "property damage" or"per- contract", provided that the "personal sonal injury"to a third person or organiza- injury" is caused by an offense com- tion. Tort liability means a liability that mitted subsequent to the execution of would'be imposed by law in the absence the contract or agreement. Solely for of any contract or agreement. the purposes of liability assumed in an "insured contract", reasonable at- l• AMENDED BODILY INJURY DEFINITION tomeys fees and necessary litigation The following replaces the definition of"bodily in- expenses incurred by or for a party jury"in the DEFINITIONS Section: other than an insured will be deemed be damages because of"personal "Bodily injury" means bodily injury, mental an- to injury", provided that: guish, mental injury, shock, fright, disability, hu- .� (a) Liability to such party for, or far miliatian, sickness or disease sustained by a per- m the cast of, that patty's defense son, including death resulting from,any of these at has also been assumed in the any time. same"insured contract"; and J. BODILY INJURY TO CO-EMPLOYEES AND (b) Such attorney fees and litigation CO VOLUNTEER WORKERS expenses are for defense of that The following is added to Paragraph 2.a.(1) of party against a civil or alternative SECTION 11—WHO IS AN INSURED: dispute resolution proceeding in Paragraph 1 a above does not apply y which damages to which this in- g P ( )( ) pp y to "bodily _ surance applies are alleged. injury"to a co-"employee" in the course of the co- 2. The following replaces the third sentence of "employee's" employment by you or performing Paragraph 2. of SUPPLEMENTARY PAY duties related to the conduct of your business, or MENTS—COVERAGES A AND B: to "bodily injury"to your other"volunteer workers" while performing duties related to the conduct of Notwithstanding the provisions of Paragraph your business. 2.b.(2) of Section I—Coverage A—Bodily In- jury And Property Damage Liability or Para- K. AIRCRAFT CHARTERED WITH CREW graph 2.e. of Section I — Coverage B — Per- The following is added to Exclusion g., Aircraft, sonal and Advertising Injury Liability, such Auto Or Watercraft,in-Paragraph 2.of SECTION payments will not be deemed to be damages I — COVERAGES — COVERAGE A BODILY IN- because of "bodily injury", "property damage" JURY AND PROPERTY DAMAGE LIABILITY: ..= or "personal injury", and will not reduce the This exclusion does not apply to an aircraft that limits of insurance. is: CG D4 67 0713 ®2013 The Travelers Indemnity Company.All right reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. p07182 COMMERCIAL GENERAL LIABILITY (a) Chartered with crew to any insured; e. The following provisions apply to Paragraph (b) Not owned by any insured; and a. above, but only for the purposes of the in- surance provided under this Coverage Part to (c) Not being used to carry any person or prop- you or any insured listed in Paragraph 1. or 2. erty for a charge. of Section II—Who Is An Insured: L. NON-OWNED WATERCRAFT . l) .Notice to us of such "occurrence" or of- t. The following replaces Paragraph (2) of Ex- fense must be given as soon as practica- clusion g., Aircraft, Auto Or Watercraft, in ble only after the "occurrence" or offense Paragraph 2. of SECTION I — COVERAGES is known to you (if you are an individual), — COVERAGE A BODILY INJURY AND any of your partners or members who is PROPERTY DAMAGE LIABILITY: an individual (if you are a partnership or (2) A watercraft you do not own that is: joint venture), any of your managers who is an individual (if you are a limited liability (a) Fifty feet long or less; and company), any of your trustees who is an (b) Not being used to carry any person or individual (if you are a trust), any of your property for a charge. "executive officers" or directors (if you are 2. The following is added to Paragraph 2. of an organization other than a partnership, SECTION it—WHO IS AN INSURED: joint venture, limited liability company or trust) or any "employee" authorized by Any person or organization that, with your ex- you to give notice of an "occurrence" or press or implied consent, either uses or is re- offense. sponsible for the use of a watercraft that you (2) If you are a partnership, joint venture, lim- do not own that is: ited liability company or trust, and none of (1) Fifty feet long or less; and your partners, joint venture members, (2) Not being used to carry any person or managers or trustees are individuals, no- property for a charge. tice to us of such "occurrence"or offense M. INCREASED SUPPLEMENTARY PAYMENTS must be given as soon as practicable only after the"occurrence" or offense is known 1. The following replaces Paragraph 1.b. of by: SUPPLEMENTARY PAYMENTS — COVER- (a) Any individual who is: AGES A AND B of SECTION I — COVER- AGES: (i) A partner or member of any part b. Up to $2,500 for cost of bail bonds re- nership or joint venture; quired because of accidents or traffic law (ii) A manager of any limited liability violations arising out of the use of any company; vehicle to which the Bodily Injury Liability (III)A trustee of any trust; or Coverage applies. We do not have to fur- (iv)An executive officer or director of nish these bonds. any other organization; 2. The following replaces Paragraph 1.d. of that is your partner, joint venture SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- member, manager or trustee; or AGES: (b) Any "employee" authorized by such d. All reasonable expenses incurred by the partnership, joint venture, limited li- insured at our request to assist us in the ability company, trust or other organi- investigation or defense of the claim or zation� to give notice of an occur- "suit", including actual loss of earnings up rence or offense. to $500 a day because of time off from (3) Notice to us of such "occurrence" or of- work. fense wiii be deemed to be given as soon N. KNOWLEDGE AND NOTICE OF OCCUR- as practicable if it is given in good faith as RENCE OR OFFENSE soon as practicable to your workers' compensation insurer. This applies only if The following is added to Paragraph 2., Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or "occurrence" or offense as soon as prac- Suit, of SECTION IV — COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: Page 6 of 7 0.2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY in Paragraphs e.(1) or (2) above discov- relied upon in issuing this policy will not prejudice ers that the "occurrence" or offense may your rights under this insurance. However, this result in sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply. lation or nonrenewal in accordance with applica- However, if 1his-poticy°includes an %endorse- ,ble�}nsurance.laws or regulations. ment that provides limited coverage for"bod- P. REASONABLE FORCE — BODILY INJURY OR ily injury" or "property damage" or pollution PROPERTY DAMAGE costs arising out of a discharge, release or The following replaces Exclusion a., Expected Or escape of "pollutants" which contains a re- Intended Injury, in Paragraph 2. of SECTION I — quirement that the discharge, release or es- COVERAGES — COVERAGE A BODILY IN- cape of "pollutants" must be reported to us JURY AND PROPERTY DAMAGE LIABILITY: within a spe'cific number of days after its abrupt commencement, this Paragraph e. a. Expected or Intended Injury or Damage does not affect that requirement. "Bodily injury"or"property damage" expected O. UNINTENTIONAL OMISSION or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- The following is added to Paragraph 6., Repre- ily injury" or"property damage" resulting from sentations, of SECTION IV — COMMERCIAL the use of reasonable force to protect any GENERAL LIABILITY CONDITIONS: person or property. The unintentional omission of, or unintentional er- ror in, any information provided by you which we m— o� o� o= o= d� o� o� o= CG D4 67 07 13 02013 The Travelers Indemnity Company.Ail right reserved. Page 7 of 7 Includes copyrighted material of Insurance services Office,Inc.with its permission. 001183 s KENT KEHS�4 9f5r}fGrp>t �� Agenda Item: Consent Calendar - 7M TO: City Council DATE: April 5, 2046 SUBJECT: Kent Senior Center Lunch Program Food Services Agreement - Authorize MOTION: Authorize the Mayor to sign the Dietary Management Services Agreement•with Consolidated 'Food-Management, -'Inc. in the amount of $119,170 for the Kent Senior Activity Center lunch program, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Consolidated Food Management (CFM) provides the catering service for the Senior Activity Center's Monday through Friday lunch program. The lunch program at the center has been a contracted service since 1995. Discounted meals are available to seniors with demonstrated need. This expense is almost entirely offset by lunch fees, donations and fund raising. In 2015, the net operating cost to the city for the lunch program was $13,500.00. EXHIBITS: Consolidated Food Management, Inc. Dietary Management Agreement l 1 RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Higgins, Budell NAY: BUDGET IMPACT: Other Professional Services (expense): $119,170 Sales Food Taxable (revenue): $89,480 revenue from lunch sales Total budgeted cost to the city: $29,690 � � �" '� � � � �� � �� �.� I" � m i m � � i -� -� � �, i � p.. � �.� � � � �, �«'�.� � �» are ,�, �� �� °� � I I w, � � and ` ��' � � "" ��e � "" �, °" *'"� � as �, wa � I � �w � e . � p ti � � -• as ,. 1� � � �� '� l '; ..._,_.., � _r � � �� u�i v <, _ �- __� i pp �� V4✓m did: J„,, �. �, ��..� W,W � IM4;d IID�m as � � �i��� �w �'.. "`� m � ' _i .. _, ,,,,. _,_ ;r„ � „ ..�, �a�� � � � �� a ° ��