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Rigel Orionis Inc dba Menchie's Frozen Yogurt; 2017-06-21;
AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR TGIF CONCERTS IN THE PARKS COMMERCIAL FOOD SERVICE RIGEL ORIONIS, INC. OBA MENCHIE'S FROZEN YOGURT ·3 ,q_--1:, This Amendment No. 1 is entered into and effective as of the ,.__C''---day of • 2018, extending and amending the agreement dated June 21, 2017 (the "Agreeme ") by a between the City of Carlsbad, a municipal corporation, ("City"), and Rigel Orionis, Inc. OBA Menchie's Frozen Yogurt ("Vendor") (collectively, the "Parties") for sale of food service items and beverages during 2018 TGIF Concerts in the Parks events. RECITALS A. On June 21, 2017, the Parties entered into a one year Agreement for TGIF Concerts in the Parks commercial food service; and B. Section 3.2 of the Agreement requires the Parties to give notice of any request for renewal of the Agreement to the other Party no sooner than 180 days following the end of the current Agreement term. The Parties agree that this Amendment No. 1 satisfies the requisite notice of intent to extend the Agreement. C. The Parties desire to amend the Agreement's scope of work and to extend the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Vendor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby amended and extended for the 2018 TGIF Concerts in the Parks concert season, beginning on June 21, 2018 and ending on August 31, 2018. Vendor will provide those services described in Exhibit "A", Exhibit "B" and Exhibit "C". 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Vendor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Vendor each represent and warrant that they have the legal power, right and actual authority to bind Vendor to the terms and conditions of this Amendment. VENDOR (STEVEN MUELLER, Owner) (STEVEN MUELLER, Owner) CITY OF CARLSBAD, a municipal corporation of the State of California Library & Cultural Arts Director ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Vendor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ::LIA A. BRi:lLey Assistant City Attorney City Attorney Approved Version 1/30/13 EXHIBIT A TGIF FOOD VENDOR SCOPE OF WORK • CITY shall provide food service access restricted to selected food vendors at nine (9) TGIF Concerts in the Parks 2018 to provide concertgoers with onsite commercial food services; dates of services are presented in Exhibit D, TGIF Concerts in the Parks Schedule. • VENDOR shall conduct commercial food service business at all nine (9) TGIF Concerts in the Parks at each concert's specific locations, with dates from June 23 through August 18, 2018 as presented in Exhibit D. • VENDOR shall use the site specifically designated for VENDOR at each concert location. • Food service will consist of a menu and price as negotiated with the CITY and presented in Exhibit B. • VENDOR will arrive on-site by 3:45 p.m. on each event date. VENDOR must begin sales by 5 p.m. and must conclude all operations by 8 p.m. VENDOR shall vacate concert premises by 9 p.m. • VENDOR shall operate the commercial food service business from a self-contained truck, trailer, cart or mobile booth provided by the VENDOR. VENDOR is responsible for all food service staffing needs to support sales and distribution. • VENDOR is responsible for all operational costs, including, but not limited to, inventory costs, sale/delivery of products, labor, paper products, cleaning supplies, permits and additional miscellaneous expenses. • VENDOR shall have self-sufficient means of power and water adequate to any on-site food preparation requirements. VENDOR shall not dispose of any grease, oil or other materials related to food service on any city property. • VENDOR shall maintain and conduct all requirements with regard to taxes, licenses, insurance and fees applicable for food service operations in the City of Carlsbad. • VENDOR shall obtain and display all health permits and certifications applicable to food service operations as required by the San Diego County Department of Environmental Health. VENDOR shall adhere to all additional regulations regarding mobile food service operations required by the San Diego County Department of Environmental Health. • CITY shall provide VENDOR with trash and recycling receptacles and services during each TGIF event. City Attorney Approved Version 1/30/13 • VENDOR shall report each concert date's gross sales to the TGIF Manager at the close of operations at each concert. VENDOR shall pay the CITY a fee in the amount of ten percent (10%) of gross sales receipts. Payments shall be made in accordance with the following payment schedule. Payments shall be submitted directly to the TGIF Manager or by forwarding payment to City of Carlsbad, Attn: TGIF Manager, 1775 Dove Lane, Carlsbad, CA 92011. Payment# Due Date Concert Location Concert Dates #1 July 13, 2018 Stagecoach Community Park June 22, June 29, July 6 #2 July 27, 2018 Poinsettia Community Park July 13, July 20 #3 August 10, 2018 Calavera Hills Community Park July 27, August 3 #4 August 24, 2018 Alga Norte Community Park August 10, August 17 City Attorney Approved Version 1 /30/13 EXHIBIT B TGIF CONCERTS IN THE PARKS SCHEDULE 2018 Concert Date Park Name Park Location # 1 June 22 Stagecoach Community Park 3420 Camino de los Caches, Carlsbad CA 92009 2 June 29 Stagecoach Community Park 3420 Camino de los Coches, Carlsbad CA 92009 3 July 6 Stagecoach Community Park 3420 Camino de los Coches, Carlsbad CA 92009 4 July 13 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad CA 92011 5 July 20 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad CA 92011 6 July 27 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA 92010 7 August 3 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA 92010 8 August 10 Alga Norte Community Park 6565 Alicante Road, Carlsbad CA 92009 9 August 17 Alga Norte Community Park 6565 Alicante Road, Carlsbad CA 92009 City Attorney Approved Version 1 /30/13 EXHIBIT C MENU AND PRICE, (RIGEL ORIONIS, INC. OBA MENCHIE'S FROZEN YOGURT) Pre-packaged frozen yogurt and toppings 5-6 oz. sealed with a lid including chocolate, vanilla and cake batter along with a non-dairy sorbet and one rotated flavor per event. Toppings include sprinkles, mini m&m's, gummy bears, granola, and almonds upon request. $4.00 per cup includes choice of up to three toppings. Bottled water $1.50 City Attorney Approved Version 1 /30/13 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 04/24/2018 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 Cassandra Schwartz NAME: Timothy Gaspar Insurance Services, Inc. PHONE (818)302-3060 I FAX 23161 Ventura Blvd. #100 IA/C No Ext\, (A/C Nol: (818)436-6122 E-MAIL cassandra.schwartz@gasparinsurance.com Woodland Hills, CA 91364 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# License #: 0G66626 INSURER A: Massachusetts Bav Insurance Comoanv 22292 INSURED INSURERS: Citizens Insurance Comoanv of America Rigel Orionis, Inc. INSURERC: DBA MEN018-MEN047 9435 Mount Israel Rd INSURERD: Escondido, CA 92029 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 00000000-47887 REVISION NUMBER: 22 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,~n W\/n POLICY NUMBER (MM/DD/YYYYl IMM/DD/YYYYl LIMITS A ___X COMMERCIAL GENERAL LIABILITY OH3A597375 04/01/2018 04/01/2019 EACH OCCURRENCE $ 2 000 000 ~ CLAIMS-MADE [x] OCCUR DAMAGE TO RENTED 300 000 PREMISES !Ea occurrence\ $ I MED EXP (Any one person) $ 5 000 -------------- ! PERSONAL & ADV INJURY $ 2 000 000 - GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4 000 000 xiPOLICYnjm DLOC i ~_R_()DUCTS -COMP/OP AGG $ 4,000))!)_()_ OTHER $ / A AUTOMOBILE LIABILITY OH3A597375 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT $ 2 000 000 (Ea accident) ~ ANY AUTO BODILY INJURY (Per person) $ ,__ OWNED ~ SCHEDULED -----·--------- AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ HIRED ~ NON-OWNED iP~~:;c\'d~t?AMAGE e-X AUTOS ONLY .x. AUTOS ONLY $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ,__ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ B WORKERS COMPENSATION WB3-D467669-00 03/27/2018 03/27/2019 XI ~-ffTUTE I I OTH-1,000,000 AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [i] E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT --- $ 1,000,000 A Personal Property OH3A597375 04/01/2018 04/01/2019 Special $272,950 ,/ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This policy includes a Blanket Additional Insured Endorsement-the certificate holder is an additional insured if required by written contract. Please refer to the attached endorsement. City of Carlsbad as an additional named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Carlsbad Village Drive Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I Q . Rt\U,)j{V\ (CFS) ~~988-io1s ACORD CORPORATION. All rrghts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by CFS on April 24, 2018 at 12:53PM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured -Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage -Borrowed Equipment, Customers Included 3 Goods and Use of Elevators 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury -Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5 ---- 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured 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, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. 391-1006 0816 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION II -LIABILITY, D. Liability and Medical Expense Limits of Insurance: &~Hanover ~ Insurance Group .. OH3A597375 1001608 The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured -Broad Form Vendors The following is added to SECTION II LIABILITY, C. Who Is An Insured: Additional Insured -Broad Form Vendors a. Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course 3. Alienated Premises of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale SECTION II -LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; 4. Broad Form Property Damage -Borrowed Equipment, Customers Goods, Use of Elevators (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11 )Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying 5. or containing such products. d. With respect to the insurance afforded to these vendors, the following is added to SECTION II -LIABILITY, D. Liability and Medical Expense Limits of Insurance: a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. Incidental Malpractice -Employed Nurses, EMT's and Paramedics SECTION II -LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury -Broad Form a. SECTION II -LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II -LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of the Coverage Form or any endorsement thereto. 7. Product Recall Expense a. SECTION II -LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, !&~Hanover ~ Insurance Group_ OH3A597375 1001608 o. Recall of Products, Work or Impaired Property is replaced by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception to the exclusion does not apply to "product recall expenses" resulting from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (11)Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.: "Product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II -LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6 f. (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" 8· including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are g_ required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recal I". This Product Recall Expense Coverage does not apply: 4 ~Hanover ~ Insurance Group .. OH3 A597375 1001608 (1) If the "products -completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. Unintentional Failure to Disclose Hazards The following is added to SECTION II LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify The following is added to SECTION II LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2) The total of all deductible and self- insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. f. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers. I. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with Paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that are not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. K. Transfer of Rights of Recovery Against Others to Us 1. Applicable to SECTION I -PROPERTY Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: a. Prior to a loss to your Covered Property. 391-1003 06 09 Includes copyrighted material of Insurance Services Page 65 of 66 Office, Inc. with its permission b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to SECTION II -LIABILITY Coverage: If the insured has rights to recover all or part of any payment we have made under this coverage part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. L. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 391-1003 06 09 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 66 of66 ~\\Hanover ~ Insurance Groupe OTHER INSURANCE -PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to SECTION Ill -COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II -LIABILITY, Part C -Who is An Insured, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under SECTION II -LIABILITY, Part A. Coverages, Paragraph 1., Business Liability our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured; (2) When the Additional Insured is an Additional Insured under another primary liability policy; or (3) When b.(2) below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b.(3) below. b. Excesslnsurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional lnsured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II -LIABILITY, Part A. Coverages, 1. Business Liability. When this insurance is excess, we will have no duty under SECTION II - LIABILITY, Part A. Coverages, 1. Business Liability to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (2) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (3) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of 391-1331 06 09 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 2 Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 391-1331 06 09 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 2 1.0 PARTIES AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RIGEL ORIONIS, INC DBA MENCHIE'S FROZEN YOGURT FOR COMMERCIAL FOOD SERVICES AT TGIF CONCERTS IN THE PARKS THIS AGREEMENT ("AGREEMENT"}, dated (h.!~ 21, J-o LJ ("Effective Date"} is made and entered into between the CITY of Carlsbad, a California Municipal Corporation, hereinafter referred to as the "CITY" and Rigel Orionis, Inc. DBA Menchie's Frozen Yogurt, hereinafter referred to as the "VENDOR." 2.0 RECITALS WHEREAS, the CITY is the presenter of the TGIF Concerts in the Parks program and holds fee title to portions of real property on which the concerts are performed; and WHEREAS, the CITY provides TGIF Concerts in the Parks, a special event series, and all related activities and services to MORE THAN 36,000 patrons annually; and WHEREAS, the site of TGIF Concerts in the Parks includes approximately 1,000 square feet of space (the "Premises"} located adjacent to patrons attending the events and the CITY exercises control over the same Premises designed to be utilized for purposes compatible with, and supportive of, the mission of special events offered for the enjoyment ofthe public; and WHEREAS, subject to certain terms and conditions, the CITY desires to allow the use of the Premises by VENDOR for the sale of food items and beverages during TGIF Concerts in the Parks events. NOW, THEREFORE, for good and valuable consideration, the CITY and VENDOR enter into this AGREEMENT for use of the Premises subject to the following terms and conditions. 3.0 TERMS 3.1 Authorization for Use. Subject to the terms and conditions set forth below, CITY authorizes VENDOR non-exclusive use of the Premises during hours of operation, as defined in Section 3.3 below. A Scope of Work is attached hereto as Exhibit A and incorporated herein by this reference. 3.2. Term. The term of this AGREEMENT shall be for the duration of the TGIF Concerts in the Parks 2017 season, commencing on June 23, 2017 and ending on August 18, 2017. The parties may renew this AGREEMENT by mutual consent and in writing for four (4} additional TGIF Concerts in the Parks concert seasons, as those dates may be defined (i.e. 2018 season and 2019 season}, by giving written notice of such renewal to the other party no sooner than one hundred eighty (180} days following the end date of the current AGREEMENT, requesting an additional season term period. 3.3 Hours of Operation. The CITY shall allow the VENDOR use of the Premises for a period of five (5} hours, from 4:00p.m. until9:00 p.m., on the dates of 2017 TGIF Concerts in the Parks events. These dates are the nine {9) consecutive Fridays from June 23, 2017 through August 18, 2017. The VENDOR shall remove all related equipment, materials and vehicles belonging to VENDOR by 9:00 p.m. on these dates. The TGIF Concerts Schedule is attached hereto as Exhibit Band incorporated herein. 4.0 AGREEMENT CONSIDERATION VENDOR shall report each concert date's gross sales to the TGIF Manager at the close of operations at each concert. VENDOR shall pay the CITY a fee in the amount of ten percent {10%) of gross sales receipts. Payments shall be made in accordance with the following payment schedule: Payment #1: July 14, 2017 for Concerts 1 through 3; Payment #2: Aug. 4, 2017 for Concerts 4 through 6; Payment #3: Aug. 25, 2017 for Concerts 7 through 9. 5.0 OBLIGATIONS 5.1 Obligations of the CITY 5.1.1The CITY shall maintain the Premises, including grounds and access ways on the Premises to the VENDOR's site of operation. 5.1.2 The CITY shall provide access to the onsite trash receptacles and recycle receptacles. The CITY shall provide removal service of trash and recycle materials. 5.2 Obligations of the VENDOR 5.2.1The VENDOR shall provide mobile food services to the general public as submitted in its proposal of food and beverage menu and prices for the 2017 TGIF Concerts in the Parks. A copy of the menu and prices is attached hereto as Exhibit C and incorporated herein. 5.2.2 VENDOR agrees to maintain the hours as set forth in Section 3.3. that best serve the community at TGIF Concerts in the Parks events during the period of use ofthe Premises set forth in this AGREEMENT. 5.2.3 VENDOR shall provide CITY with a copy of the Articles of Incorporation if vendor is a corporation, or any other document deemed by CITY to be valid proof the signatory(s) of the AGREEMENT have the legal authority to contractually bind VENDOR. 6.0 COMPLIANCE VENDOR shall comply with all federal, state, county and local laws, statues, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies in any manner affecting performances of activities conducted on the Premises. VENDOR shall display in a prominent location of his/her food truck or booth all required permits and licenses. 7.0 ASSIGNMENT OF AGREEMENT /NON-POSSESSORY INTEREST 7.1 Assignment of AGREEMENT. VENDOR shall not assign this AGREEMENT or any part thereof without the prior written consent of the CITY. 7.2 Non-Possessory Interest. VENDOR shall have no permanent or possessory interest in the Premises based upon this AGREEMENT. 8.0 ASSUMPTION OF RISKS VENDOR assumes all loss or damage to VENDOR's property within the Premises, except damage or loss through the sole negligence or intentional misconduct of the CITY. The CITY shall not be liable to VENDOR, or those claiming through the CITY, for injury, death, or property damage occurring at the Premises and arising out of the conduct of VENDOR. 9.0 INDEMNIFICATION VENDOR agrees to indemnify, defend, and hold the CITY and CITY's elected officials, officers, employees and agents harmless from and against any and all claims, demands, causes of action, losses, damages, and costs, including all costs of arising out of, or in any manner connected directly or indirectly with any actions or omissions or operations of VENDOR or the VENDOR's agents, employees, contractors, officials, officers, patrons, invitees or representatives on the Premises. With respect to the indemnity and hold harmless provisions of this section, VENDOR shall, upon demand and at its own expense, defend the CITY and its officials, officers, employees and agents, with legal counsel acceptable to the CITY, from and against any and all claims, demands, causes of action, losses, damages, and costs. 10.0 INSURANCE 10.1 VENDOR shall obtain, and during the term of this AGREEMENT shall maintain policies of general liability and property damage insurance (for structure and contents) from an insurance company authorized to do business in the State of California, in an amount not less than one million dollars {$1,000,000), for each occurrence in a form satisfactory to the CITY's Risk Manager. The insurance policy shall provide that the policies shall not be cancelled, terminated, or allowed to expire without thirty (30) day prior written notice to the CITY from the insurance company. VENDOR shall provide certificate of insurance and additional insured endorsement for insurance required pursuant to this section to the satisfaction of the CITY no later than the Effective Date of this AGREEMENT. The CITY shall be named as additionally insured by endorsement on these policies and provided proof of insurance by way of a certificate of insurance with additional insurance endorsement. The insurance carrier is required to have a current Best's Key Rating of not less than "A-: VII"; OR with a surplus line insurer on the State of California's list of Approved Surplus line Insurers {LASLI) with a rating in the latest Best's Key Rating Guide of at least "A: X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners {NAIC) latest quarterly listings report. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.2 VENDOR shall procure a policy of Automobile Insurance (if the use of an automobile is involved in Vendors work for the city). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.3 VENDOR shall procure a policy of Worker's Compensation Insurance as required by Labor Code of the State of California, if VENDOR has employees. If VENDOR has no employees, Vendor shall submit the appropriate waiver form from the CITY. 10.4 VENDOR shall have City be named as an additional insured on Commercial General Liability policy which shall provide primary coverage to the City. 11.0 TERMINATION 11.11f VENDOR is in default in the performance of this AGREEMENT or materially breaches any of its provisions, the CITY at its sole option may terminate this AGREEMENT by giving written notice to VENDOR. On receipt of said notice, VENDOR shall cease immediately all sale operations taking place on the Premises under the Terms of this AGREEMENT. 11.2 If the CITY defaults in the performance of the AGREEMENT, or materially breaches any of its provisions, VENDOR at its sole option may terminate this AGREEMENT by giving written notice to the CITY. 11.3 Either party may terminate this AGREEMENT, for convenience, without cause, upon sixty {60) days prior written notice to the other party. 12.0 ENTIRE AGREEMENT This writing constitutes the entire AGREEMENT between the parties relating to the terms and conditions hereunder. No modification of this AGREEMENT shall be effective unless and until such modification is evidenced in writing and signed by all parties. 13.0 GOVERNING LAW; VENUE The existence, validity, construction, operation and effect of this AGREEMENT shall be determined in accordance with laws of the State of California. Venue shall be established in the County of San Diego in the event of a dispute between parties. 14.0 NOTICES Notices and requests to CITY or VENDOR shall be delivered at the following address served upon CITY or VENDOR or any person hereafter authorized to either in writing and may be delivered personally or by U.S. Postal Service or other delivery services. CITY: CITY Contact: Cultural Arts Manager City of Carlsbad 1775 Dove Lane Carlsbad CA 92011 Richard Schultz VENDOR: VENDOR Owner: 15.0 AUTHORITY Phone: 760-602-2086 Email: Richard.schultz@carlsbadca.gov Rigel Orionis, Inc. DBA Menchie's Frozen Yogurt 9435 Mount Israel Road Escondido, CA 92029 Steven Mueller The individual on his/her own behalf or the representative for each party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other party or parties hereto harmless if it is later determined that such authority does not exist. VENDOR: CITY: 5/z.?/u,t? Ven o s signatu're Date Name printed: STEVEN Mueller, Owner Address: 9435 Mount Israel Road Escondido, CA 92029 steve@bluerigel.com 769-532-1999 < jz.~, /ZDI7 Approved as to Form: HEATHER PIZZUTO Library & Cultural Arts Director City of Carlsbad, 1775 Dove lane Carlsbad CA 92011 Email: heather.pizzuto@carlsbadca.gov Phone (w) 760-602-2011 Fax: 760-602-7941 Cell: N/A ATIEST: CITY Clerk (fl/iin Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of , )4 4 /Jt!'yo On jka ~ .<.G:., 2o/ / before me, fe$6rc. :]{) fVtc too I Date Here Insert Name and Title of the Officer personally appeared __ _..51;'----'-..;;;:;~::...:tJ<--'~=···""'"'A~/!Yl<-L+-...::.;t(,_~=+<(t._._,.,_,/ _________________ _ Name~ of SignerpJ who proved to me on the basis of satisfactory evidence to be the person)sY whose nam~ is/are subscribed to the within instrument and acknowledged to me that he~/tl::ley executed the same in his{l:lerfth..sir authorized capacity(i95), and that by his/l:lerttb.sir=-signature(.sf-on the instrument the person(s)", or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,(_k~ Ate ~ s· ature of Nota Public -----------------------------OPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: --I-\.L.<...t?-+--b~....u.L.f....-4'-:--'4l.J'---=-L-Ll0-*~-<=~"-J--!.'-'"-'-=..:......,f----:-f'--'--=-----9"'-c~·~ DocumentDate:~~~~~~~~------------------- Signer(s) Other Than N med Above: --------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ______________________ _ Signer's Name: ________________________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): _______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: ----------------Signer Is Representing: _________ _ Signer Is Representing: _________ __ ~~~'!il<:l§i<;;g;;§l<;;g;;'!il0~i;<;.~~~~g,~~~~~~~~'!i<C~il<;;'§l(;;'§l(;;g;g;;~~'! ©2016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A TGIF FOOD VENDOR SCOPE OF WORK CITY shall provide food service access restricted to selected food vendors at nine (9) TGIF Concerts in the Parks 2017 for the purpose of providing concertgoers with onsite commercial food services; dates of services are presented in Exhibit B, TGIF Concerts in the Parks Schedule. • Rigel Orionis, Inc. DBA Menchie's Frozen Yogurt, VENDOR shall conduct commercial food service business at all nine (9) TGIF Concerts in the Parks at each concert's specific locations, with dates from June 23 through August 18, 2017 as presented in Exhibit B. • VENDOR shall use the site specifically designated for VENDOR at each concert location. • Food service will consist of a menu of Frozen Yogurt, menu and price as negotiated with the CITY and presented in Exhibit C. • VENDOR will arrive on-site by 3:45 p.m. on each event date. VENDOR must begin sales by 5 p.m. and must conclude all operations by 8 p.m. VENDOR shall vacate concert premises by 9 p.m. • VENDOR shall operate the commercial food service business from a self-contained truck, trailer, cart or mobile booth provided by the VENDOR. VENDOR is responsible for all food service staffing needs to support sales and distribution. • VENDOR is responsible for all operational costs, including, but not limited to, inventory costs, sale/delivery of products, labor, paper products, cleaning supplies, permits and additional miscellaneous expenses. • VENDOR shall have self-sufficient means of power and water adequate to any on-site food preparation requirements. VENDOR shall not dispose of any grease, oil or other materials related to food service on any city property. • VENDOR shall maintain and conduct all requirements with regard to taxes, licenses, insurance and fees applicable for food service operations in the City of Carlsbad. • VENDOR shall obtain and display all health permits and certifications applicable to food service operations as required by the San Diego County Department of Environmental Health. VENDOR shall adhere to all additional regulations regarding mobile food service operations required by the San Diego County Department of Environmental Health. • CITY shall provide VENDOR with trash and recycling receptacles and services during each TGIF event. EXHIBIT B TGIF CONCERTS IN THE PARKS SCHEDULE 2017 STAGECOACH COMMUNITY PARK 3420 Camino de los Caches, Carlsbad CA 92009 • June 23 • June 30 POINSETTIA COMMUNITY PARK 6600 Hidden Valley Road, Carlsbad CA 92011 • July 7 • July 14 • July 21 CALAVERA HILLS COMMUNITY PARK 2997 Glasgow Drive, Carlsbad CA 92010 • July 28 • August4 ALGA NORTE COMMUNITY PARK 6565 Alicante Road, Carlsbad CA 92009 • August 11 • August 18 EXHIBIT C MENU AND PRICE, RIGEL ORION IS, INC. DBA MENCHIE'S FROZEN YOGURT Menu Pre-packaged Frozen Yogurt and Toppings-$3.50 Bottled Water-$1.50