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2018 Smoky Hill Museum Street Fair es STREET FAIR Md teeby Smoky Hill Museum September 22,2018 AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and Pop's Kettle Corn for 2018 Smoky Hill Museum Street Fair This Agreement is entered into on the latest date of execution shown on the signature page by and between the City of Salina, Kansas, (the"City")and Pop's Kettle Corn(the"Contractor/Concessionaire"). Recitals A. The City owns and operates the Smoky Hill Museum Street Fair B. The City desires to contract for Food Concession services for the purpose of serving food at the Smoky Hill Museum Street Fair, around 211 W Iron Ave, in compliance with federal, state,and local regulations. C. The Concessionaire has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties, in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement for Street Fair Food Concession Services, as amended and supplemented from time to time. "City" means the City of Salina. Kansas(Arts& Humanities Department). "Concessionaire" means Pop's Kettle Corn and its successors or assigns approved pursuant to this Agreement. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if applicable)" Exhibit A: Responsibilities of the Parties Exhibit B: Term: Schedule Exhibit C: Basis for Payment Exhibit D: Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B.subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The Contractor shall pay the Friends of the Smoky Hill Museum for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in Exhibit D. attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent "Bests" insurance guide,and admitted in the State of Kansas. Except as otherwise specified in Exhibit D,all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at(785)309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification.To the fullest extent permitted by law,the Contractor shall defend, indemnify and hold harmless the City, its agents.representatives,officers,officials and employees from and against all claims.damages. losses and expenses(including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment. or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses relate to,arise out of,or are alleged to have resulted from the wrongful acts, negligent acts,errors,omissions,or defective work or services of the Contractor, its employees,agents,or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with'or without cause;upon thirty (30) days advance written notice to the other party. In the event of such termination, the Contractor shall be compensated for such services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination. Within five(5)days of any such termination,all finished or unfinished documents, data,studies,surveys,drawings,maps, models,photographs,reports or other material prepared by the Contractor pursuant to this Agreement shall be delivered to the City.Notwithstanding the above,the Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten(10)days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default, the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 The non-defaulting party may pursue any available remedy at law or in equity(including specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement,to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default.. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor. neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party.either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered 2 personally or sent by registered or certified mail, return receipt requested.or by generally recognized.prepaid.commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt.but if the receipt is not returned within five (5) days. then three (3) days after mailed. if sent by registered or certified mail or commercial courier service: or the next business day. if sent by overnight air courier service. Notices shall be addressed as appears below for each party. provided that if any party gives notice of a change of name or address. notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk P.O. Box 736 Salina. KS 67402-0736 CONTRACTOR(Concessionaire): Randy Eastman Pop's Kettle Corn 210E Irene Salina. KS 67401 14. Retention and Inspection of Records.The Contractor shall maintain complete. accurate. and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement and for a period of three (3) years from the date of final payment under this Agreement (the "Retention Period'): provided. however. that if any litieation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation. claims or audit findings have been completely terminated or resolved,without right of further appeal. During the Retention Period, the Contractor shall allow a representative of the City during normal business hours to examine, audit and make transcripts or copies of such records and any other documents created pursuant to. or arising under.this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing. confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes. subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual • appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement. the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body r' not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Agreement does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent efficient and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments.employment-based benefits. deferred compensation plans. including but not limited to its workers compensation and social security obligations. and the filing of all necessary documents. forms. or returns pertinent to the foregoing. 17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal.state.and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors, if any.agree that: (I) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex. religion, age,color, national origin, ancestry or disability; (2) The Contractor shall include in all solicitations. or advertisements for employees, the phrase "equal opportunity employer."or a similar phrase to be approved by the City's human relations director: 3 (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part, by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contractor shall be deemed to have breached this Agreement and it may be canceled. terminated or suspended. in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Contract if the Contractor: (I) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee.unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Contractor's choice. 23. Applicable Law; Venue. this Agreement and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement,the sole and exclusive venue shall be in the Saline County. Kansas District Court. 24. Interpretation. This Agreement shall he interpreted according to its fair meaning,and not in favor of or against any party. 25. Time. 'rime is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. 26. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement,and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts,each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement,or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 4 • 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached.and initialed by all parties.shall supersede all conflicting printed provisions. 35. Feminine-Masculine, Singular-Plural. Wherever used. singular shall include the plural. plural the singular. and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete.conclusive and final expression of all the conditions of their Agreement. No other promises.statements.warranties.agreements or understandings.oral or written, made before or at the signing thereof.shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF.the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SALINA,KANSAS B>: ozbki — 7-19 -1 b' Brad Anderson.Executive Director Date: �o' •J /.U aO/r By: tit, .1 Frackinar- Atos goo" (contractor/concessionaire name) OLDIA . (contractor/concessionaire title) • 5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES It is mutually agreed between these two parties that: I. Booth location will be designated by the Museum 2. Concessionaire must have signed agreement prior to selling up booth. 3. All booths must meet standards of the Kansas Department of Agriculture a. Note: Any vendor using a tented facility will be limited by law, to ONE potentially hazardous food item (any food that requires time and temperature control for safety, such as meat, dairy products, eggs, poultry, fish, heat treated starches or vegetables, sprouts, cut melons,cut tomatoes, and cut leafy greens). There is the option of contacting the Kansas Department of Agriculture to request a variance. If you desire to do so, it is recommended you contact the Department of Agriculture immediately following notification of inclusion in the Street Fair. b. Please note: All meat and poultry products must arrive at the Street Fair from an approved, inspected (Federally or State of Kansas)source. Food should not be cooked, repackaged, mixed with seasonings or in an otherwise ready-to-eat form, prior to the onsite food inspection.Travel across state lines is especially problematic for meat and poultry products. In this case,the meat or poultry product must be Federally(USDA FSIS) inspected. It is vitally important the product does not lose its inspection identity, and the ownership be maintained. Questions or concems should be directed to Mike Fink, Compliance Officer, mike.fink@kda.ks.gov or 785-564-6776. 4. Concessionaire is responsible for keeping the Street Fair grounds clear of litter within a 20-foot radius of their booth. All supplies must be contained with fencing or lattice around the back of the booth. Trailer skirting is strongly suggested. 5. Concessionaires are required to break down all boxes before placing in trash receptacles. 6. Water hoses should beWell-maintained and not leaking. Food grade quality hoses are required. Foods that are held in ice as a cooling mechanism must be packaged and melting ice must be continually draining. Foods cannot sit in water. Bins and barrels in which drinks are iced-down must be draining continually; however excessive run-off in the food area walkways MUST BE PREVENTED. It is helpful to have your own wet-vacuum. 7. Concessionaire may park one supply vehicle in the southern half of the United Building parking lot. Other vehicles will have to be parked in public lots. 8. Food items displayed outside your booth must be covered, and not available to the public as a sample that can be eaten. If you wish to give out samples, an employee may dispense food items individually to the public, with tongs, or properly gloved. 9. The following are safety requirements that come from the City of Salina Fire Department: The following are BASIC RULES. This brief outline does not by any means cover all the codes contained in the Kansas Fire Prevention Code or the 2006 International Fire Code, the currently adopted fire code for the City of Salina. It does, however, provide the Food Concessionaire some basic fire and life safety rules. Canopies,Tents or Membrane Structures - a.Canopies or membrane structures shall have at least one exit. If the occupant load exceeds ten or more people than the structure shall require 2 exits. Exits shall be maintained unobstructed. If doors are installed, doors shall swing in the direction of exit travel. If exit is covered by a curtain; curtains 6 shall be of a color or colors that contrasts the color of the tent and be constructed of flame-resistant material. b.Membrane structures, tents or canopies shall have a permanently affixed label showing that the material is fire resistant. Material may also be sprayed with a fire retardant and the vendor will need to provide certification that the material has been treated with a flame retardant in an approved manner and meets the requirements of NFPA 701. c.Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside the tent, canopy or membrane structures unless approved by the fire code official. The fire code official has the authority to approve an open flame or exposed flame appliance considered to be a minimal fire hazard. d.Portable open flame devices fueled by flammable or combustible gases or liquids shall be enclosed or installed in such a manner as to prevent the flame from contacting combustible material. e.Smoking shall not be permitted in tents, canopies or membrane structures. (Smoking over food preparation or cooking areas is also not permitted.) Electrical a. Use safe work practices every time electrical equipment is used. b. Electrical equipment must be installed, operated, and maintained in a manner which does not create a hazard to life or property. c. Inspect wiring of equipment before each use. Extension cords should be visually inspected for damage to outer jacket or insulation and for evidence or possible internal damage (such as pinched or crushed outer jacket.) d. Replace damaged or frayed electrical cords IMMEDIATELY. e. Extension cords crossing sidewalks must be covered by a rubber mat. f. Extension cords shall be plugged directly into an approved receptacle. g. The ampacity of the extension cords shall not be less than the rated capacity of the portable appliance supplied by the cord. h. Extension cords shall be grounded. i. Extension cords can't be used in a series._ Please be sure.extension cords are of sufficient length. Commercial Cooking Equipment j. Portable fire extinguishers shall be provided. At a minimum, a UL rated 2A-IOBC fire extinguisher is required to be installed in all contracted food and beverage concession stands. Fire extinguishers shall be located in conspicuous locations that are easily accessible and are not obstructed or obscured from view. Cooking equipment involving vegetable or animal oils and fats shall be further protected by a Class K rated portable extinguisher. k. Three or less grease producing appliances, the concessionaire will provide an easily recognizable and accessible fuel shut off, i.e. hand-turn valve or electrical breaker. 1. Four or more grease producing appliances, the concessionaire will provide an easily recognizable and accessible fuel shut off, i.e. hand-turn valve or electrical breaker and a hood system with compliant fixed suppression system with fuel shut off. Compressed Gas Cylinders m. All compressed gas cylinders, including but not limited to propane. Co2, helium, etc., shall be properly secured to prevent falling caused by contact, vibration, or seismic activity. EXHIBIT B SCHEDULE OF SERVICES 1. Concessionaire will be in operation during Street Fair hours: • Saturday. September 22, 2018— 10:30 am to 4:00 pm.* *NOTE: If ready,concessionaires may sell before 10:30 am, but not after 4:00 pm. 7 2. CONCESSIONAIRES PLACED ON IRON STREET MAY PARK THEIR TRAILER ON FRIDAY, SEPTEMBER 21. 3. CONCESSIONAIRES PLACE IN THE UNITED BUILDING PARKING LOT MAY NOT SET UP BEFORE 5:30 pm,FRIDAY,SEPTEMBER 21! 4. Booth set-up must be completed by 10:00 a.m., Saturday, September 7,2018. EXHIBIT C BASIS OF PAYMENT 1. Concessionaires agree to pay a $100 fee to the Friends of the Smoky Hill Museum prior to August 15, 2018 to be eligible to sell food at the Smoky Hill Museum Street Fair. EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Contractor shall obtain, pay for,and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation policy to be obtained by the Contractor hereunder, all policies shall name as an additional insured the Customer, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and shall apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the Customer, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Agreement, the Contractor must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Agreement. D. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Contract. 2. Specific Coverage Requirements. A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: 8 r • Each occurrence $500,000 • General aggregate $1,000,000 • Personal and Advertising Liability $500,000 The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Agreement. B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • Combined single limit $500,000 C. Workers' Compensation/Employer's Liability. if applicable. The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability (Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee 9 • • ACCORD VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE D 9rz Ila " °m ' 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), AUTHOR® REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER This form is used to report coverages provided to a single specific vehicle or equipment Do not use this form to report liability coverage provided to multiple vehicles under a single policy.Use ACORD 25 for that purpose. PRODUCER CONTACT NAME: Robed Pruett SfdtBrl9flD Robert Pruett Insurance Agency-State Farm PHONEp,E,D, 785$25-2281 I.Nob: 785825-9578 0 1020 E Cloud St EAR o DL moms: robert@robertpruettnet • Salina,KS 67401 P.wror�ER m c ICIB INSURER/5)AFFORDING COVERAGE NAIC e INSURED INSURER A: Stale Farm Mutual Automobile Insurance Company 25178 Randy 8 Marsha Eastman • INSURER B: 210 E IRENE ST - INSUFLER C Salina,KS 67401 INSURER D: INSURER E: DESCRIPTION OF VEHICLE OR EQUIPMENT YEAR MAKE I MANUFACTURER MODEL BODY TYPE VEHICLE ipornsicAnoe NUMBER 2015 Ford F250 SD 1FT7W2A62FER97163 DESCRIPTOR OR VEHGFJEQUPImrt VALUE SERIAL/AMBER Truck COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCY(IES)OF INSURANCE LISTED BELOW HAS/HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD(S)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 POUCYQES)DESCRIBED HEREIN IS/ARE SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITK)NS OF SUCH POIJCY(IES). ONSR ADM POLICY EFFECTIVE POLICY EIPINATKM LTR Form TYPE OF INSURANCE POLICY NUMBER DATE(OLIDINYWY) DATE(MMIDDIYYYII LIMITS X I VEHICLE LNBSIY COMBINED SINGLE UNIT S BODILY INAIRY(Per person) s 250,000 3000016-D08-16H 04108/2018 10/08/2018 IIODar INJURY(Per accident) 5 250,000 PROPERTY Guars S 100,000 GENERAL LIASILITY EACH OCCURENCE S OCCURRENCE GENERAL AGGREGATE S CLAMS MADE S BISR Lea POLICY EFFECTIVE POLICY EIPIIATION LTR PAYEE TYPE OF INSURANCE POLICY NUMBER DATE(OMDDIYYYY) DATE(MYDINYYYY) UNITS I DEOIICTIBLE X VE+N COLUSION Loss 3000016.008-16H 04/08/2018 10/08/2018 ❑'� ❑Acrt®AMT s Lmr ❑ ❑STATED MIT S 250 DED VEH COMP u VEH OTC ACV X 300 0016-D08-16H 04/08/2018 10/082018 0 0 AGREED MR $ Lour ❑ ❑STATED $250 OED EQUIPMENT 0 ACV 0 AGREED AMT BASK: BROAD 0 RC 0 STATED AMT i LILT SPECIAL 0 DED REMARKS(DICLLBING SPECIAL CONOr10NS I OTHER COVERAGES)(Misch ACORN lel.Atli Rets Schedule,If note span b rabid) ADDITIONAL INTEREST CANCELLATION Said one of the following: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED The addttws Soma deated below has been added to the poacyfr)lead herein by policy rvrEe4s). BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE — A mQOM/us been admitted to add the addeiwd bgneadesated Eebe to ee potytbs) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MadWoe M Pot,msnberls). VEHICLE I EQUIPMENT INTEREST: I ILEASED WUNCED DESCRIPTOR OF THE ADDITIONAL INTEREST NAME AND ADDRESS OF ADOMMULL INTEREST ADDITIONAL INSURED LOSS PAYEE City of Salina LENDERS LOSS PAYEE X Certificate Holder POB 736 LOAN I LEASE NUMBER Salina,KS 67401 ����� Fax 7853095711 REIITAT I An TIL-(_7.rV/'1� �\ ®1997-2015 ACORD CORPORATION.All rights reserved. ACORD 23(2016/03) The ACORD name and logo are registered marks of ACORD 10M981 1429E7-3 01-262018 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/YYYY) 07/19/2018 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 I CONTACT NAME: Kristin Corson Lambert Insurance Agency-Salina a/°NNo Fxtl' (785)825-2112 (A/c No): (785)825-5186 2306 Planet Ave. A ADDDREDRE SS: INSURER(S)AFFORDING COVERAGE NAIL» Salina KS 67401 _INSURER A: Scottsdale 00000 INSURED INSURER B: Pops Kettle Corn INSURER C: 210E Irene INSURER D. INSURER E: Salina KS 67401 INSURER F'_ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER.DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR R I TYPE OF INSURANCE IM D DL SSRI POLICY NUMBER I IMM�DYEFF IYYYY1 I IPOLICY M/D YDTYVYY)I LIMITS I I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 51.000,000 GE TO I CLAIMS-MADE n OCCUR PRREM SES(EaENTED omnence) S 100,000 MED EXP(Any one person) $ 5,000 A N N CPS2594407 03/28/2018 03/28/2019 PERSONAL B ADV INJURY S 1.000.000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000.000 POLICY JET LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINEDi SINGLE LIMIT I$ ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per acciaem) S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED I I RETENTIONS S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE IER I ANY PROPRIETOR/PARTNERJEXECUTIVE E.L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A j (Mandatory in NH) EL DISEASE-EA EMPLOYEE$ II yes.describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT I S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached i/more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Salina ACCORDANCE WITH THE POLICY PROVISIONS. Nancy Schuessler PO Box 736 Salina,Kansas 67402-0736 AUTHORIZED REPRESENTATIVE � I •j 7VrLw7.�. Fax: Email: ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD