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16-041.00 Le Catering: CenterPlace Food Services
AGREEMENT FOR CENTERPLACE FOOD SERVICES Eat Good LLC,DBA Le Catering Co. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Eat Good LLC, DBA Le Catering Co., hereinafter "Contractor," sometimes jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Grant of Catering/Concessions Privilege. The City grants Contractor exclusive authority for the sale of food and beverages, including alcoholic beverages, and provision of food and beverage services associated with such sales(collectively"food services")within CenterPlace as set forth in the Scope of Services,attached as Exhibit 1 and incorporated herein by reference,and more specifically as set forth immediately below. A.Events booked after the termination date of this Agreement. Contractor agrees it shall not collect any fee or deposit from any third party for any event at CenterPlace that is booked for a date after the termination date of this Agreement,unless authorized in writing by the Parks and Recreation Director (the"Director"). B. Special Events. The City reserves the right to permit an event presenter(s),or its designee to sell and/or give away food and beverages in connection with Special Event for up to five Special Events in CenterPlace during each calendar year, subject to the discretion of the Director. C. Administration. The Director or designee shall administer and be the primary contact for Contractor. D.Representations. The City has relied upon the qualifications of the Contractor in entering into this Agreement. By execution of this Agreement,Contractor represents it possesses the ability,skill and resources necessary to perform the work and is familiar with all current laws,rules and regulations which reasonably relate to the services contracted for. No substitutions of agreed-upon personnel shall be made without the written consent of the City. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. E. Modifications. The City may modify this Agreement whenever necessary or advisable. The Contractor shall accept modifications when ordered in writing by the Director or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until December 31,2016. Either Party may terminate this Agreement by at least 30 days'written notice to the other Party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. The City may terminate this Agreement for cause upon any terms the for cause is defined as anyconduct b City deems appropriate under the circumstances. Termination y Agreement for CenterPlace Food Services—Eat Good LLC,DBA Le Catering Co. -Page 1 of 6 Contractor or any of its representatives or employees which is likely to significantly negatively affect the City and/or the operation of CenterPlace Regional Events Center. In such an event, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. Contractor shall fulfill all contracts with third parties booked at CenterPlace prior to termination as called for in this paragraph. 3. Event Pricing/Compensation. A.Event Pricing. Event pricing by the Contractor shall be as set forth in the Event Pricing,which is attached as Exhibit 2 and incorporated herein by reference. B.Compensation.Payment by the Contractor shall be as set forth in the Compensation Terms,which is attached as Exhibit 3 and incorporated herein by reference. 4. Facilities Access and Use. Access and use to the facilities shall be as set forth in Exhibit 4, which is attached and incorporated herein by reference. 5. Payment. The City shall be paid as set forth in Exhibit 3. 6. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Eat Good LLC,DBA Le Catering Phone Number: (509)921-1000 Phone Number: (509)210-0800 Address: 11707 East Sprague Ave, Suite 106 Address: 24001 E.Mission Ave, Ste 190 Spokane Valley,WA 99206 Liberty Lake, WA 99019 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Contractor warrants that its designs,documents, and services shall conform to all federal,state,and local statutes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Contractor certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2.Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements,or receiving stolen property; Agreement for CenterPlace Food Services—Eat Good LLC,DBA Le Catering Co. -Page 2 of 6 3.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9. Relationship of the Parties. It is understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City,that the City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of the Contractor.The Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 10.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. The written,graphic,mapped,photographic,or visual documents prepared by Contractor under this Agreement shall,unless otherwise provided,be deemed the property of City. City shall be permitted to retain these documents,including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose,distribute and otherwise use,in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement, provided that Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended purpose. 11.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 12. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives,employees or subcontractors. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and Agreement for CenterPlace Food Services—Eat Good LLC,DBA Le Catering Co. -Page 3 of 6 personal injury and advertising injury. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City. 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Liquor liability insurance. The City is to be named as an additional insured on Liquor Liability insurance. Host liquor liability coverage may be substituted when alcohol is consumed and not sold on premises with the prior written approval of the City. B.Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate. 3. Liquor liability insurance in the amount of$1,000,000 each occurrence. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability,professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 13.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Agreement for CenterPlace Food Services—Eat Good LLC,DBA Le Catering Co. -Page 4 of 6 Contractor's duty to defend,indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor,Contractor's agents,subcontractors,subconsultants and employees. Contractor's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection,and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity under this provision extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 14. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 15. Assignment and Delegation. Neither Party shall assign, transfer or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 16. Subcontracts. Except as otherwise provided herein,the Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. 17.Confidentiality. Contractor may,from time to time,receive information which is deemed by the City to be confidential. Contractor shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 18. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Contractor shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Contractor agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Contractor's services under this Agreement. Contractor further agrees that the Arbitrator(s) decision therein shall be final and binding on Contractor and that judgment may be entered upon it in any court having jurisdiction thereof. Agreement for CenterPlace Food Services—Eat Good LLC,DBA Le Catering Co. -Page 5 of 6 19. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 20. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties hereto. 21.Anti-kickback. No officer or employee of the City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 22.Business Registration. Prior to commencement of work under this Agreement,Contractor shall register with the City as a business. 23.Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Services 2.Event Pricing 3. Compensation Terms 4. Facilities Access and Use 5. Insurance Certificates The Parties have executed this Agreement this 18th day of February, 2016. C i OF SPOKANE VALLEY Contr t Mi c son, ity Manager By: 441 e. s ked Its: Authorized Repre entative ATTEST: APPROVED AS TO FORM: Ar aA Ada -Ctittig Christine Bainbridge,City Clerk Office oe City rney Agreement for CenterPlace Food Services—Eat Good LLC,DBA Le Catering Co. -Page 6 of 6 EXHIBIT 1 SCOPE OF SERVICES 1. Food Services A. Eat Good LLC, DBA Le Catering ("Contractor") shall make sales of foods and beverages, including alcoholic beverages, and provide associated food and beverage services (collectively "food services") for local and regional groups which utilize CenterPlace Regional Event Center, as provided herein. B. Contractor shall provide a catering team that includes an executive chef and designated sales person exclusive to CenterPlace and they shall not provide services at any other venue by utilizing this staff or any of the facilities at CenterPlace unless approved in writing beforehand by the City. C. Contractor shall provide examples of menus with various pricing strategies to meet the needs of CenterPlace guests. D. Contractor shall at all times maintain a high level of customer service and high quality of food and food service. E. Contractor shall inspect and monitor its own products and service levels by its staff. F. Contractor and the City shall develop a communication and meeting schedule that is mutually agreeable. a. A representative of Contractor shall communicate or be available for communication on ongoing and upcoming events with the City on a daily basis during business hours of CenterPlace. Contractor's representative shall be available for contact by the City by phone. b. Contractor shall provide an outside phone line and maintain it throughout the duration of this agreement for CenterPlace customer food service inquires. G. Contractor shall provide food services that range from traditional continental breakfasts to full- service multi-course dinners. Such services shall be of a type that may range from formal (e.g., wedding)to informal (e.g.,birthday party or conference) settings. H. Contractor shall be available to provide services at the facility during all hours CenterPlace is open as may be required to provide the services described herein. I. Contractor shall perform all services under this Agreement being mindful of and not interrupting the ongoing public use of CenterPlace. Contractor and its employees and staff shall be courteous and respectful to all clientele and staff of CenterPlace at all times. J. Contractor shall hold and maintain a Washington State Master Business license with a spirits license or have the ability to obtain it within three months of the award of this contract. K. CenterPlace staff shall set up, arrange and cover with tablecloth the tables and chairs for banquet food services. The tables, chairs and related food service equipment or materials shall be clean, in good working order and quality. Should Contractor be required to provide persons to assist in setting up, taking down, dishes, etc. the City agrees to pay the reasonable cost for such persons as mutually agreed. L. Contractor shall, as may be requested by the City, open concession stands during events, provided CenterPlace shall not be requested to open a concession stand more than two hours in advance of any event. M. Contractor shall provide uniforms to be approved by the Director and shall require its employees to wear such uniforms at all events at CenterPlace. Exhibit 1 —Page 1 of 3 N. Contractor shall respond to any CenterPlace caterer or event referral within 24 hours or the next business day. O. The City shall have access on a quarterly basis to review any customer satisfaction surveys conducted by Contractor. P. The Contractor shall not utilize any employees at CenterPlace who have felony convictions in the past five years, or who have felony convictions involving theft or dishonesty, or which would be classified as a sexual offense without limitation on date of conviction. 2. Exclusivity Contractor shall have the exclusive right to provide food services to guests and users of CenterPlace during open hours Monday through Saturday; provided that guests and users may bring small amounts of food and beverages (e.g.,pastry tray and coffee) for meetings and small gatherings of 20 attendees or less. On Sundays, guests and users of CenterPlace may provide their own food or work with our caterer to provide food services for their events or gatherings; provided, however, the kitchen shall not be available for guest or outside caterer use and shall only be available for use by Contractor. 3. Vendor Responsible For All Support Facilities The City shall not be responsible for nor shall it provide large equipment storage,work space, or office space as a part of this Agreement. Contractor shall be responsible for providing all support facilities at another location. 4. Kitchen Use Contractor shall have sole use of the kitchen at the CenterPlace facility except that CenterPlace staff shall have access to the kitchen for warming meals, obtaining ice,brewing coffee, storing lunches, etc. No other outside use of the kitchen is permitted with the exception of trade shows or food shows that require use of the space. In that event a reasonable fee would be paid by the third party customer for limited use and would by supervised by Contractor staff. Outside groups are allowed to bring their own food into the building on Sundays but would have no access to the kitchen. 5. CenterPlace Agent During the term of this agreement, Contractor shall provide an in house chef and catering sales person to handle planning and sales of food services for CenterPlace. 6. Weddings Weddings that take place at CenterPlace on Sundays shall utilize the CenterPlace caterer to prepare and serve food to guests. The Contractor shall work directly with these weddings to serve authentic dishes to these customers. 7. Kitchen Cleaning During the term of this agreement, Contractor shall be responsible for cleaning of the kitchen. The kitchen shall be in good condition at all times and meeting all health requirements. Duties include: • Daily Cleaning o Collect and properly dispose of all kitchen grease. o Remove any dishes from walk-in cooler and wash, which will require Contractor and CenterPlace staff sharing the area at times. o Put away any cooking utensils and/or appliances. Exhibit 1 —Page 2 of 3 o Spot clean hard surfaces and counters. o Clean Dish Pit area after use, including interior of dish machine. Remove any and all food debris from interior and exterior strainers. Contractor is not responsible for Meals on Wheels mess. o Power down dish machine after use and inspect for damage or irregular conditions. Report these to CenterPlace staff. o Turn off any fans, equipment or appliances. o Remove mats from the floor. o Report any damage or malfunctioning equipment. • Clean and Shine Weekly o Wipe down all hard surfaces,top to bottom. o Shine stainless steel tables, shelving and appliances. o Wipe down appliance doors,handles and shelving. o Wipe down and clean exterior and interior of garbage cans. • Monthly o Spot clean interior of appliances. o Clean stovetop oven. • Quarterly o Deep clean stovetop and grill,to include any catch basins or pans. o Clean hood filters above the grilling area. o Clean grill. • Bi-Annually o Shine stainless steel hood systems interior and exterior. o Deep clean interior and exterior of appliances,to include racks. • Yearly o De-grease and detail the entire kitchen (excluding floors) to include walls, appliances and walk-in coolers. • CenterPlace Janitorial Contractor o Will be responsible to clean the kitchen restroom, damp mop the kitchen floor twice a week November to April and four times a week May to October and twice a week they will degrease the kitchen floor. • CenterPlace Staff o Will be responsible for the cleaning and upkeep of the ice machine. Exhibit 1 —Page 3 of 3 EXHIBIT 2 EVENT PRICING Upon the effective date of this Agreement, Eat Good LLC, DBA Le Catering ("Contractor") shall submit to the City, for approval by the Director, the menus and prices of primary food and beverage items which shall be utilized by Contractor during the term of this Agreement. This submittal is not intended to be a complete list of the menu and beverage items which may be served by Contractor during the term of this Agreement. The Parties agree that Contractor may create additional menu items to be added from time to time by Contractor in response to customer demand. Contractor shall exercise its best efforts to maintain a pricing practice consistent with the pricing set forth at the commencement of the Agreement. Contractor shall maintain records supporting the prices charged for new menu and beverage items. The Director reserves the exclusive right to review and approve the cost of providing food services under this Agreement, which specifically includes the prices charged for food, beverages, concessions and catering. Contractor, pursuant to its reasonable business judgment and in consideration of prevailing market conditions in similar facilities located in the Spokane region, may request that the Director approve food, beverage, concession and catering price changes with such approval by the Director subject to his reasonable discretion. To support a requested price change, Contractor shall provide the Director with a written request, identifying the current and proposed prices, a survey of the prices charged in similar types of facilities within comparable markets, and such other information deemed relevant by the Director. Unless agreed otherwise, price changes shall be effective 30 days following approval by the Director. Exhibit 2—Page 1 of 1 EXHIBIT 3 COMPENSATION TERMS 1. Payment. Eat Good LLC, DBA Le Catering ("Contractor") agrees to pay the City a commission equal to the percentage of monthly Adjusted Gross Receipts for the following areas: 1) Food at 15% for the Great Room, Small Dining Room, Fireside Lounge, and all conference rooms; and 2) Alcohol at 5% for the Great Room, Small Dining Room, Fireside Lounge, and all conference rooms. 2. Kitchen Equipment Reserve. Contractor shall pay the City $2000 annually to be placed into a reserve fund to be used for repair and maintenance to the kitchen equipment at CenterPlace. Payment shall be made by check to the City within 45 days after the effective date of this Agreement. Contractor shall work with CenterPlace staff to assist in coordination of preventive maintenance programs for the kitchen equipment. CenterPlace agrees to keep the inventory of the kitchen the same as it is at the commencement of this agreement. 3. Date/Form of Payment. The percentage of each month's Adjusted Gross Receipts shall be computed and payment of the appropriate percentage sum shall be made by the 10th day of each month based upon the preceding month's Adjusted Gross Receipts. Payment shall be made to the City by delivery of a check to the Director. 4. Accounting Records. Contractor shall maintain accounting records in accordance with generally accepted accounting principles and shall report gross revenues and Adjusted Gross Receipts to the City. Reporting of Contractor business activity in CenterPlace shall be monthly and shall separately set forth each activity. 5. Adjusted Gross Receipts. For purposes of this Agreement, "Adjusted Gross Receipts" equals the total gross revenue received by Contractor for services provided pursuant to this Agreement, excluding any applicable sales taxes, any standard hospitality service charges, and any service charges or premiums charged in connection with the use of credit or debit cards. Contractor shall, within 90 days of the termination date of this Agreement, submit to the City a statement of total Adjusted Gross Receipts and the rents payable thereon for the Adjusted Gross Receipts for the term of this Agreement, which statement shall be accompanied by an opinion of a certified or licensed public accountant. Exhibit 3 —Page 1 of 1 EXHIBIT 4 FACILITY ACCESS AND USE 1. Eat Good LLC, DBA Le Catering ("Contractor") is granted exclusive permission to use and enter designated areas of CenterPlace Regional Event Center for the provision of food services as provided in this Agreement. The City shall permit Contractor to occupy the food service area for the purposes set forth in this Agreement. The food service area shall mean those areas in CenterPlace which are designated or otherwise authorized by the Director to be used for the operation of food services, which include, but are not limited to, the kitchen, banquet areas, classrooms, Fireside Lounge or other small meeting rooms where food and beverages may be consumed. 2. The City shall have the right to make inspections of the food service area to ensure compliance with this Agreement. Further, the City reserves the right of ingress and egress through the food service area for the purpose of operating, maintaining and inspecting CenterPlace. Contractor shall return the facilities to a clean and sanitary condition at the end of each event. 3. In addition to the indemnification provided in Section 13 of the Agreement, in the event of third party damage or vandalism not the result of the negligence of Contractor, the City shall bear the cost of repair to CenterPlace and City-owned furnishings, fixtures, and equipment, and Contractor shall bear its costs of repair to its facilities and equipment including fixtures and furnishings that may have been installed by Contractor pursuant to this Agreement. 4. Within 30 days from the effective date of this Agreement, Contractor shall provide to the City an inventory of all furnishings, fixtures, or other items of personal property used or to be used by Contractor in providing food services. As of the date of this Agreement, the City has identified the following as its inventory of City kitchen furnishings, fixtures, and equipment: A. Hood and Ansul system B. Wolf flat grill C. Wolf broiler D. Wolf stove/oven E. Wolf double stack convection ovens (3) F. Wolf salamander oven G. Microwave oven: Panasonic H. Food warmer: tall -FWE I. Food warmer: short- FWE J. Hobart mixer K. Hobart dishwasher-model number C44AW L. Robot Coupe M. Ice machine: Manitowoc Exhibit 4—Page 1 of 2 N. Meat slicer: Globe 0. Walk in cooler: American(2) P. Walk in freezer: American Q. Rational self-cooking center R. Garbage disposal: Salvador Upon termination of this Agreement, each of the Parties shall retain their respective furnishings, fixtures, and equipment. Contractor shall identify any necessary repair or maintenance that is required, or damage caused by someone other than the Contractor to City furnishings during the term of this Agreement. Upon termination of this Agreement, any damage to City inventory shall be presumed to have been caused by Contractor unless otherwise identified by the Contractor as provided above, and City may require Contractor to pay for all costs of repair at Contractor's sole expense. 5. Contractor shall have access and use of Room 134 and Room 228 for their office and dry storage needs as well as use of one refrigerator and freezer. 6. Keys for access to CenterPlace shall be issued to Contractor by the Director as necessary to allow for efficient event preparation. Exhibit 4—Page 2 of 2 2/18/2016 EAT GOOD LLC Search L&I SEARCH 1-Zluti:y Help My Sk•m re IA i iiierkplaue Rights Trades Si l.iuensing 416 )LaborWashington State Department of & Industries EAT GOOD LLC Owner or tradesperson 2100 N MOLTER RD ADAM HEGSTED LIBERTY LAKE,WA 99019-9469 Doing business as EAT GOOD WA UBI No. 603 295 429 Workers' comp Do you know if the business has employees?If so, verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 261,574-00 Doing business as EAT GOOD Estimated workers reported Quarter 4 of Year 2015"7 to 10 Workers" L&I account representative T3/KEITH CURTISS(360)902-6641 -Email:CURQ235@lni.wa.gov Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. Washington State Dept.of Labor&Industries.Use of this site is subject to the laws of the state of Washington. https://secure.lni.wa.gov/verify/Detai I.aspx?U BI=603295429&SAW=False 1/1 ./a'") ® DATE(MM/DD/YYYY) ACCRL) CERTIFICATE OF LIABILITY INSURANCE 2/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I -- �ONTAT, PRODUCER NAME: HOOVER INSURANCE LLC PHONE (509) 922-8950 FAX (NC, 922-8960 708 N Argonne Rd #1 (A/C,No, ,a t ADDRESS;aaron@hooverinsurance.net Spokane Valley, WA 99212 INSURER(S) AFFORDING COVERAGE NAICN INSURER A:Mutual of Enumclaw INSURED Eat Good LLC INSURER B:Progressive Insurance Company DBA Le Catering Co INSURER C 24001 E Mission Ave Ste 190 INSURERD: Liberty Lake, WA 99019 INSURERE: 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. IIIA INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD wve POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 0 0 0 •••• • ' • CLAIMS-MADE X I OCCUR PREMISES(Ea occurrence) $ /00,000 BOP 0008892 02 5/30/2015 5/3o/2016 MED EXP(Any one person) $ 10,000 A X PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,0 0 0,0 0 0 PRO- Xi POLICY 1 JECT I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 I — OTHER: $ AUTOMOBILE LIABILITY CO BIMN eDtSINGLE LIMIT $ 1,000,000 (Ea_ ANY AUTO12/15/2015 12/15/2016 B AUTOS BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X AUTOS X 02808199-0 NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) -- $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ __ $ WORKERS COMPENSATION STATUTEPER ETN_ AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below $1,000,000 Each Occur A Liquor Liability X BOP 0008892 02 5/30/2015 5/30/2016 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CITY OF SPOKANE VALLEY ARE LISTED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION _— , City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2426 N DiscoveryPlace THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley, WA 99216 AUTI-•4ED REPRES- TA;VE r i \ el 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD25(2014/01) The ACORD name and logo are registered marks of ACORD Co/rh,a,r�- i,—oy-t �....qt, ®I DATE(MM/DD/YYYY) ACX 31R® CERTIFICATE OF LIABILITY INSURANCE 5/24/2016 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the termaand_condiltons of the policy,certain policies may require an.endorsement. A statement on this certificate does not confer rights to the cert ficaterrEee j€tl$ff rrctjI,ndorl'sement(s). • I 4r L:,V CONTACT PRODUCER NAME: HOOVER INSURANCE LLC PHONE(NC,No,Ext):: (NC509) 922-8950 F"X,No):(509)922-8960 AY Z 4 2016 708 N Argonne Rd #1 U ADDREIE-MAIL vickie@hooverinsurance.net Spokane Valley, WA 99212 p SS: PARKS CV RECREATION DEPT. INSURER(S) AFFORDING COVERAGE NAICH —_,..__.__-_____ INSURER A:Mutual Of Enumclaw ' INSURED Eat Good LLC INSURER B:Progressive Insurance Company DBA Le Catering Co INSURER C: 24001 E Mission Ave Ste 190 INSURER D: Liberty Lake, WA 99019 INSURER E: 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. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE IU HEN IED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,0 0 0,0 0 0 BOP 0008892 03 5/30/2016 5/30/2017 MED EXP(Anyoneperson) $ 10,000 A X PERSONAL&ADV INJURY _ $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY of LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ 1 000 000 _ (Ea accident) , , ANYAUTO 02808199-0 12/15/2015 12/15/2016 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ B AUTOS ONLY 8 AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ — EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONOTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Liquor Liability BOP 0008892 03 5/30/2016 5/30/2017 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 1 CITY OF SPOKANE VALLEY ARE LISTED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION CITY OF SPOKANE VALLEY 2426 N DISCOVERY PLACE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SPOKANE VALLEY, WA 99216 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHO IZEED REPRES TANTE i i ICA-0 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD