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22-229.00 LeCatering Company: CenterPlace Food & Beverage Services Contract No. 22-229.00 AGREEMENT FOR CENTERPLACE FOOD& BEVERAGE SERVICES Eat Good Group LLC, DBA Le Catering Company 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 Group LLC, DBA Le Catering Company, 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 to sell and/or give away food and beverages or allow a home-made potluck in connection with Special Event for up to six 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 beginning January 1, 2023, and shall terminate 12:59 p.m. on December 31,2023. Either Party may terminate this Agreement by at least 90 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. Contractor shall fulfill all contracts with third parties booked at CenterPlace prior to termination as called for in this paragraph. 1 Contract No. 22-229.00 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 Group LLC, DBA Le Catering Co. Phone Number:(509)720-5000 Phone Number:(509)210-0880 Address: 10210 East Sprague 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 of 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; 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. 2 Contract No. 22-229.00 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. Compliance with Leasehold Excise Tax The Lessee hereby acknowledges that it is responsible for paying the "Leasehold Excise Tax," pursuant to chapter 82.29A RCW, as now or hereinafter amended, which is applicable to this Agreement. The Lessee shall be solely responsible for paying such tax to the City, and shall also be responsible for representing itself in any challenge to the amount of such tax that the Washington State Department of Revenue determines is due or any penalty associated with the tax. The Lessee agrees to promptly pay when due all taxes, rates, charges and assessments, special or otherwise and public charges of very kind and nature which may be lawfully imposed or assessed in any way on the Lessee with reference to the Premises. 13.Contractor to provide performance bond. Contractor shall provide a performance bond in the amount of$50,000 on the City's bond forms. 14. 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 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 Contract No. 22-229.00 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 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$2,000,000 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. The City is to be named as an additional insured on the 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. 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. 15. Indemnification and Hold Harmless. Consultant 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, 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 Consultant,Consultant's agents,subcontractors,subconsultants,and employees to the fullest extent permitted by law,subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 4 Contract No. 22-229.00 16. 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. 17.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. 18. 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. 19. 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. 20.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. 21. 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). 22.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. 23. 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. 24. Business Registration. Prior to commencement of work under this Agreement, Contractor shall register with the City as a business. 25.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. 26. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Exhibit 1 -Scope of Services 2. Exhibit 2-Event Pricing 3. Exhibit 3 -Compensation Terms 4. Exhibit 4-Facilities Access and Use 5. Insurance Certificates 6. Copy of RFP 5 Contract No. 22-229.00 The Parties have executed this Agreement this Z4'ay of December,2022. CITY OF SPOKANE VALLEY Contractor: J Hhman,City Manager By: Adam Hegs Its: Authorized Representative ATTES : APPROVED AS TO FORM: 'stine Bainbridge, .' Clerk • i -- /./.• the City rney 6 EXHIBIT 1 SCOPE OF SERVICES 1. Food Services A. 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 dedicated 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 at the time 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 request the Contractor 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. N. Contractor shall respond to any CenterPlace caterer or event referral within 24 hours or the next business day. Exhibit 1 —Page 1 of 3 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 Monday through Saturday during standard operating hours; 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. Special Events The City reserves the right to permit an event to sell and/or give away food and beverages or allow a home- made potluck in connection with a Special Event for up to six Special Events in CenterPlace during each calendar year, subject to the discretion of the Director. In such events, the kitchen will not be available for use by the Special Event participants. 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 a full-time Executive chef and a full-time catering sales person to handle planning and sales of food services for CenterPlace. 6. Weddings Weddings that take place at CenterPlace on Sundays may utilize the CenterPlace caterer to prepare and serve food to guests. The Contractor shall work directly with these weddings to serve culturally- authentic dishes to these customers. 7. Kitchen Cleaning During the term of this agreement, Contractor shall be responsible for cleaning the kitchen. The kitchen shall be maintained in good condition at all times and meeting all health requirements. Duties include, at a minimum,the following: • 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. Exhibit 1 —Page 2 of 3 o Put away any cooking utensils and/or appliances. 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. o Will be responsible to empty all garbage cans. • 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, the 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. The 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; 2) Alcohol at 5% for the Great Room, Small Dining Room, Fireside Lounge, and all conference rooms; and 3) 5%of any and all outside venue services prepared using any of the facilities at CenterPlace. Corkage Fee for client-provided wine is $5 per bottle. Contractor shall submit monthly commission reports detailing the breakdown of food and alcohol percentages owed the City for each event. These commissions were negotiated from the amounts quoted in Contractor's response to the RFP to levels that are mutually agreeable. 2. Kitchen Equipment Reserve. Contractor shall pay the City $4,200 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 within 40 days of month end. 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. The 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: 1. 1-Bunn o Matic large coffee maker, 6 gallon capacity Model # U3 2. 2-Walk in coolers American Panel 3. 1-Walk in Freezer American Panel 4. Amana Commercial Microwave Model#RC17S 5. Hobart Commercial Dishwasher Model#D300-5036B 6. FryMaster Commercial Fryer Model#MJ45E-SC 7. 2- F.W.E Food Warming Mobile Carts Model#UHS-4 Model # PST-16 8. 1-Manitowoc Ice Machine Model# SY-0854A 9. 1-Globe Food Slicer Model#4600 10. 1-Hobart Commercial Mixer Model#D300-5036B 11. Star Conveyor Toaster Model# QCS2-500 12. 1- Delfield Drop In Hot Food Well Model#N8745-D 13. 1-Delfield Refrigerated Equipment Stand Model#F2875 Exhibit 4—Page 1 of 2 14. 1-Delfield Reach In Cooler Model#4448N-12 15. 1- Hatco Glo Ray Food Warmer Model# GRAH-72 16. 1-Robot Coupe Commercial Food Processor Model#RX6 17. 1-Salvajor Commercial Disposer Model#200-SA-MRSS 18. 1-Wells Free Standing Drawer Warmer Model#RW-2 19. 6- Wolf Commercial Convection Ovens Model#WKGD- 10 20. 1-Wolf Commercial Griddle Model#VT48-11 21. 1-Wolf Commercial Broiler Model#VC24-18 22. 1-Wolf Commercial Stove Top With Oven 23. 1-Wolf Commercial Salamander Broiler 24. 1-Rational Self Cooking Center Model#SCC-202 25. 2-BrewMatic Airpot Coffee Brewers Model# 1010546 26. 1-Duke Commercial Steam Table Model#DC-EP304-28SS-M 27. 1-Duke Commercial Cold Food Table Model#DC-327-25SS-N7-M 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 Rooms 133, 134, 138, and 145 for their office and dry storage needs as well as use of one refrigerator and freezer. Contractor and City shall also coordinate for shared use of room 146B as needed for storage. 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 / l ®A�D CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 05/23/2022 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), AUTHORIZEC 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 NAME: Sarah Kreider Hoover Insurance ac°,"N.Ext):(509)922-8950 FAX (A/C, 708 N Argonne Rd Suite 1 AD E-MAIL sarah@hooverinsurance,net Spokane Valley, WA 99212 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Mutual of Enumclaw 14761 INSURED INSURER B Progressive Insurance Company 11770 Eat Good LLC 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMlDD/YYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y CPP0027095 05/21/2022 05/21/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED $1,000,000 PREMISES(Ea occurrence) MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PROT LOC PRODUCTS-COMP/OP AGG $ JEC OTHER: $ B 02496593 07/22/2021 07/22/2022 ( Ea AUTOMOBILE LIABILITY COMBINEDaccidenQ SINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNEDOSONLY AUTOS X SCHEDULED BODILY INJURY(Per accident) $ AUT HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA -----_------ -_- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS bebw E.L.DISEASE-POLICY LIMIT $ A Liquor Liability Y CPP0027095 05/21/2022 05/21/2023 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Certificate holder is listed as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN r p y ACCORDANCE WITH THE POLICY PROVISIONS. 2426 N Discovery Place Spokane Valley WA 99216 AUTHORIZED REPRESENTATIVE Sarah Kreider ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by SMK on May 23,2022 at 01:24PM WuNgbn State Deprorr of Labor&Industries.(https://Ini.wa.gov) Contractors LE CATERING INC Owner or tradesperson GERALD DICKER 24001 E MISSION AVE STE 190 Doing business as LIBERTY LAKE,WA 99019-2501 LE CATERING INC WA UBI No. Governing persons 604 405 294 GERALD V DICKER ADAM HEGSTED; Certifications & Endorsements Asbestos Certification OMWBE Certifications ................................................................... No active certifications exist for this business. Apprentice Training Agent No active Washington registered apprentices exist for this business.Washington allows the use of apprentices registered with Oregon or Montana.Contact the Oregon Bureau of Labor&Industries or Montana Department of Labor &Industry to verify if this business has apprentices. 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. 687,051-00 ................................ Doing business as LE CATERING INC Estimated workers reported Quarter 3 of Year 2022"7 to 10 Workers" L&I account contact T4/KASSANDRA BANCROFT(360)902-5787-Email:BAYK235@lni.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training—Effective July 1,2019 Needs to complete training. Contractor Strikes ................................................. No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety& Health Check for any past safety and health violations found on jobsites this business was responsible for. No inspections during the previous 6 year period. 101"11\61.1 �� Parks and Recreation Department To 2426 N. Discovery Place• Spokane Valley,WA 99216 4000 �i� 509.688.0300•Fax: 509.688.0188•parksandrec@spokanevalley.orq REQUEST FOR PROPOSALS To Provide Food and Beverage Services for CenterPlace Regional Event Center Due Date: 4:00 P.M. PST,Friday,October 7,2016 The City of Spokane Valley Parks and Recreation Department (the "City") is seeking a Food and Beverage contractor to provide catering services at CenterPlace Regional Event Center ("CenterPlace"), 2426 N. Discovery Place, Spokane Valley, WA 99216. Background Information The City of Spokane Valley is a non-charter code city organized under Title 35A RCW, and has a Council- Manager form of government. The City Council consists of seven members elected at-large. The Mayor is elected by his/her fellow Councilmembers, and serves as the Chair of the Council. The City Manager directs all City operations. The City Manager seeks at all times to develop and implement a"best practices"approach in operating the City government and to achieve a balanced,efficient,economical,and quality service delivery. The City incorporated March 31, 2003, and is currently the ninth largest city in Washington, encompassing 38.5 square miles. Its current population is approximately 94,000. The City is part of the larger Spokane metropolitan area of approximately 495,000. The City generally considers itself to be a"contract" city, with many core services provided by contract with private or other public entities. CenterPlace is owned by the City and operated by the Parks and Recreation Department. It is a 54,000-sq.-ft. regional event, senior, and community facility. There are over 30 rooms in the facility including (but not limited to) the kitchen, Great Room, Fireside Lounge, and other smaller meeting rooms. Typical facility operating hours are 7:00 a.m.-10:00 p.m.,Monday—Thursday,and 7:00 a.m.-12:00 a.m. Friday,Saturday,and Sunday. Hours subject to change. Objective The objective of this Request for Proposals (RFP) process is to solicit sealed proposals to establish a contract(s),through competitive negotiations,to provide food and beverages services for CenterPlace. Basic Mandatory Requirements 1. Contractors submitting shall have a minimum of five years of service/experience in the food services industry similar in nature and scope to those described in this RFP. Representative work should include experience or capabilities in all aspects of food services. 2. Contractors submitting shall provide an executive chef and sales person who are dedicated solely to our facility as a part of the team. 3. Contractors shall demonstrate knowledge and compliance of federal, state, and local laws and regulations. 1 4. Successful contractor shall be required to obtain a City business license. 5. Successful contractor shall hold a Washington State Business License with a Spirits License at the time of award of contract. 6. Successful contractor shall be required to provide a$50,000 performance bond for the term of the contract. 7. Successful contractor, at their expense, shall comply with Leasehold Excise Tax requirements pursuant to chapter 82.29A RCW. 8. Submission of a complete proposal as outlined in this request. RFP does not obligate the City to accept or contract for any expressed or implied services. Experience Wanted The City is seeking a catering team that possesses the experience, work ethic, customer service focus, and business model to provide the requested services. Ideally, the catering team should be made up of team members with experience in the following areas: • Event Planning • Breakfast,Lunch,and Dinner Menu Development • Weddings • Ethnic Weddings,Particularly Slavic and Russian • Corporate and Business Meetings • Conventions • Auctions and Fundraisers Qualification of Proposals Food and Beverage Services Proposals will be reviewed by a committee of CenterPlace staff members. Food Services Proposals not meeting the Basic Mandatory Requirements shall be deemed non-compliant by the committee and will be eliminated from further consideration. Selection Process The selection process will be comprised of the following components: 1. Establish Compliance with Basic Mandatory Requirements 2. Review Proposals 3. Interview Finalists/Taste Testing Exercise 4. Final Selection The City shall select a catering team based on a combination of objective and subjective criteria including but not limited to qualifications, experience,menu selection,and commission paid to the City. Evaluation Criteria The selection committee will evaluate the proposals based on written submissions. Finalists will be selected for interviews and a taste testing exercise. Criteria will include all aspects of the proposals. The City reserves the right to rank all proposals, along with reference checks, inspection of representative work, and other information as may be determined and select"finalists" in a manner deemed in the best interest of the City. This includes but is not limited to a combination of experience, qualifications, quality of submittals, menus with pricing strategies,and proposed commissions. The City shall have sole discretion in judging the most qualified firm and awarding the contract. The City reserves the right to issue addendums to this RFP at any time. The City reserves the right to accept or reject any and all submittals and to withdraw or revise the selection process at any time. The decision by the City shall be final, and there is no further recourse or appeal. 2 Contract Expectations The City of Spokane Valley's expectation is that CenterPlace Regional Event Center is the sole focus of the catering contractor to ensure an overall first-class and quality experience. It is expected that the catering contractor will be onsite to provide exclusive food and beverage services to all events regardless of size at CenterPlace Regional Event Center. Catering Contractor shall include both an Executive Chef and a designated sales person dedicated solely to CenterPlace Regional Event Center providing all aspects of sales and customer service. The Contractor will have a fiduciary relationship with CenterPlace such that the Contractor shall not utilize CenterPlace clientele for the benefit of any other venue owned or operated by the Contractor. The Contractor is expected to provide food and beverage services for local and regional groups which utilize the facility. See sample contract for specific details. Contractor shall provide examples of menus with various pricing strategies to meet the needs of CenterPlace guests. Acceptable standards shall produce a high level of customer service and quality food. Contractor shall be required to inspect and monitor their own product. Contractor shall guarantee that all requirements set forth in the final contract are met. A representative of Contractor shall communicate on a daily basis on weekdays and be able to be reached on weekends. Expectations include full compliance with all applicable state and local laws and licensing requirements. The successful bidder will have the opportunity to provide exclusive catering services to events held at CenterPlace Monday through Saturday. The City's intent is to award this Food and Beverage Services contract to one preferred contractor. Outside groups would still have the ability to provide their own food on Sundays or choose to work with Contractor. Subcontracting is not allowed except where specifically approved in advance by the City in writing. Catered events will range from continental breakfasts to served dinners, for both formal and informal settings. In 2015, over 400 catered events were served at CenterPlace. There were an additional 500 meetings which also occurred at our facility which may or may not have had catered food or beverages. Dining Facilities Seating Capacity Great Room 350 Small Dining Room 50-100 (rented separately or with Great Room) Fireside Lounge 150 Meeting Room 205 80 Meeting Room 212 100 Meeting Room 216 40 Meeting Room 108 45 Meeting Room 109 100 Meeting Room 110 45 Meeting Room 111 45 Auditorium 105 (finger foods only;plated meals not allowed) Executive Conference Room 50 Commercial Kitchen The caterer would have full access to the Commercial Kitchen. The kitchen shall be used solely for events at CenterPlace. Caterer shall be responsible for ensuring cleanliness of the kitchen after each event. 3 Contractor Responsible for All Support Facilities The City will not provide large equipment storage. The City will provide one office space and two storage spaces as part of this contract. Contractor shall be responsible for providing all other support facilities at their own location. Contractor shall also be responsible for maintaining the cleanliness of the kitchen facilities which will include equipment,prep surfaces, and floors. Contractor Responsible for Kitchen Cleaning and Maintenance Contract Scope of Services contains cleaning and maintenance requirements. Contract Term This work shall be awarded by contract to one exclusive Contractor. The contract term shall be for a period of one year with up to five additional one-year renewal options which may be exercised by the Parks and Recreation Director at his/her sole option. Either party may terminate the contract with a minimum of 30 days' notice. The contract shall commence on or about January 1,2017. The contract manager for the City shall be the Parks and Recreation Director or his/her designee. Equal Opportunity Requirements The City is an equal opportunity employer and requires all contractors to comply with federal and state policies and regulations concerning equal opportunity. Business Registration Contractor awarded the contract shall be registered to do business with the State of Washington and with the City. Customer Service There is a high degree of customer service involved in this contract. Contractor shall communicate with CenterPlace staff and customers which rent space at CenterPlace for their events. Communication on a daily basis to the CenterPlace Coordinator is required. Contractor shall perform duties such as catering and cleaning up during and after use of the facility. Contractor shall communicate all problems, customer service issues, questions, etc. on a daily basis with the CenterPlace Coordinator. Following groups or special events, Contractor shall inspect the work areas and notify the Coordinator of any damage, excessive cleaning required, etc. Lost and Found All lost and found items shall be turned in immediately to CenterPlace staff. No lost and found items are to be removed from public property. The City will be responsible for receiving calls and returning items to the public. Items not claimed will be auctioned or otherwise disposed of in a fair and appropriate manner. In no case will the items be returned to the finder unless warranted by law. Caterer Schedule The expectations are that Contractor would be available to provide services at the facility seven days a week if required. Contractor is expected to work around public use and be courteous and respectful to all clientele of CenterPlace at all times. Service Levels Subject to Change A reasonable attempt has been made to provide an overview of anticipated work in this RFP. It should be understood by Proposers that CenterPlace usage is not static and facility use will fluctuate. Proposers should anticipate varying use. 4 Submittal Information All submittals become the property of the City. All submittals become a matter of public record with the exception of those parts of each proposal which are defined by Contractor as business or trade secrets, and plainly marked as Trade Secret,Confidential, or Proprietary. Proposal Should Address Each of the Following: A. Cover letter, including overview of Contractor including number of years in food services business (minimum of five years of relevant food service experience) signed by a representative authorized to make contractual obligations. B. Description of the business operated, annual sales for a period of at least three years. C. Sample menus with pricing. D. Proof of Spokane Regional Health District Catering Permit and copies of facility inspection reports issued by health department for three years. E. Provide financial statement showing your ability to provide the financing necessary to cater events at CenterPlace. E. Provide names and resumes of Executive Chef and Sales Person assigned to CenterPlace. F. Personnel: Hiring processes, background checks on employees, employee supervision, and overview of employee standards, including dress standards and training. G. Communication/feedback processes with owner, include frequency and method of day-to-day communication with owner. Communication can be through a variety of methods but must include some level of routine face-to-face communication between City and Contractor. H. Experience and methods for addressing customer complaints. I. Copy of State of Washington Master Business License with Spirits License. J. Statement of ability to meet insurance and bonding requirements: o Worker's Compensation Insurance coverage. o General Liability Insurance coverage in the amount of$1,000,000 per occurrence and $2,000,000 in aggregate and proof of worker compensation insurance in compliance with Washington State Law. o Performance Bond in the amount of$50,000. K. Discuss the challenges,problems, risks, and concerns that you might foresee if awarded this contract. L. Provide names and contact information for three references. Naming of a reference is considered permission to contact the reference. The City may contact outside individuals, whether offered as references or not. The City retains the right to use such information in its decision. Submittal of a response is agreement that the City may contact and use such information. Proposed Commissions Bidders must submit their proposed commission rate as a percentage of sales for food and alcohol for the rooms listed below. The commission proposed will be submitted on Attachment A: Great Room/Small Dining Fireside Lounge Conference Rooms Food Alcohol Corkage Fee$ per bottle for owner-supplied alcohol Subject to Verification All information submitted is subject to verification by the City. 5 Proposer Responsibilities The successful Proposer shall be responsible for all services and required documents identified in this RFP. The Proposer is responsible for making all necessary investigations and examinations of documents, operations, and premises affecting performance of the proposed Food Service Contract. Failure to do so will not act to relieve any conditions or specifications outlined in the RFP. It is mutually agreed that the submission of a proposal shall be considered conclusive evidence that the Proposer has made such investigations and examinations. Pre-Proposal Tour All prospective Proposers are invited to a pre-proposal tour. The tour will be held at 10:00 a.m., Monday, September 26, 2016 at CenterPlace, 2426 N. Discovery Place, Spokane Valley, WA 99216. The tour will include onsite inspection of facilities. Please R.S.V.P.to (509)720-5400. Questions The City acknowledges that this RFP is comprehensive. Questions regarding the RFP will be accepted verbally or in writing. Questions will be noted and the answers will be distributed to all Proposers in possession of the RFP. Questions or Requests for Information should be directed to Michael D. Stone, Director of Parks and Recreation, City Parks and Recreation Department at the address listed above or at(509) 720-5400. Right to Award The City reserves the right to award this work in the manner deemed in the best interest of the City. The City shall be the sole judge in determining the successful Proposer(s). The City reserves the right to accept or reject any and all submittals and to withdraw or revise the RFP process at any time. The decision by the City shall be final,and there is no further recourse or appeal. Severability If any section,sentence,clause,or phrase of this RFP shall be held to be invalid,such invalidity shall not affect the validity of any other section,sentence,clause, or phrase of this RFP. Completed Submittal Package A completed submittal packet should contain the following: - All items listed in Submittal Information—A through L - Attachment A—Business Statement Signed - Attachment B—Commission Proposal Signed - Copy of the RFP - Copy of any Addenda How to Respond Submit six copies of written responses no later than 4:00 p.m. PST on Friday, October 7, 2016,to City of Spokane Valley,Attn: Michael D. Stone,Director of Parks&Recreation, 2426 N. Discovery Place, Spokane Valley, WA 99216. Submittals shall be signed by authorized representatives of the responding entity. All addendums issued by the City for this RFP shall also be included. Unsigned proposals shall not be considered. Written proposals not received by 4:00 p.m. PST on Friday, October 7,2016, shall not be considered. The responding entity is responsible for ensuring that written responses are received by the City by the time and date specified herein and accept all risk of late delivery for the method of delivery chosen, regardless of fault. Communications All communications related to responding to this RFP are to be directed to Michael D. Stone,Director of Parks & Recreation at mstoneAspokanevalley.org or (509) 720-5400. Any oral communications by Michael D. 6 Stone, Director of Parks & Recreation, will be considered unofficial and non-binding on the City. Unauthorized contact regarding this RFP with other City employees, or City Councilmembers may result in disqualification. Addenda,Modifications,and Clarifications The City reserves the right to change the RFP schedule or issue addenda to the RFP at any time. All such addenda shall become part of the RFP. The City will provide notification of addenda in the same manner as distribution of the RFP. It is the responder's responsibility to confirm as to whether any addenda have been issued. The City also reserves the right to cancel or reissue the RFP. The City reserves the right to request for any responding entity to clarify its proposal or to supply any additional material deemed necessary to assist in the evaluation of the proposal. Modification of a proposal already received will be considered only if the modification is received prior to the submittal deadline. Any modifications shall be made in writing, executed, and submitted in the same form and manner as the original proposal. Evaluation and Selection The City reserves the right to award the contract to the responding entity which best meets the needs and interests of the City,or to reject all responses as set forth below. The following steps are anticipated: Step 1.Receipt and review of qualifications and written responses Step 2. Conduct interviews and taste testing of short-listed vendors Step 3.Initial reference and information check Step 4. Selection of vendor Step 5.Negotiation of contract Finalize a Scope of Work City representatives and the selected finalist will review and finalize a Scope of Work. Contract A copy of the model contract the City anticipates using is attached to this RFP for reference. If Proposer desires to alter any term contained in that model contract, such proposed modification shall be included as a part of Proposer's response to this RFP. Otherwise, it will be considered waived by the City. Rejection of Proposals The City reserves the right to reject any or all submittals,portions,or parts thereof. The City reserves the right to obtain services through other means. Non-Collusion Submittal and signature of a proposal is an affirmation that the document and proposal is genuine and not a sham or collusive,and not made in the interest of any person not named,and that the responding entity has not induced or solicited others to submit a sham offer,or refrain from proposing. No Costs The City shall not be responsible for any costs incurred by any respondents in preparing, submitting, or presenting its response to the RFP or interview process, if applicable. The City shall not be responsible for any costs incurred by the responding entity selected by the City prior to the date of the contract. Non-Endorsement As a result of the selection of a responding entity,the City is neither endorsing nor suggesting the responding entity's services are the best or only solution. The responding entity agrees to make no reference to the City 7 in any literature,promotional material, brochures, sales presentation, or the like without prior express written consent from the City. The responding entity is not permitted to use the City logo in its response to this RFP, or following award of any contract. Ownership of Documents Any reports,studies,conclusions,and summaries submitted by the responding entity shall become the property of the City. Public Records Under Washington State law,the documents (including all such items as described in RCW 42.56.010 for the term"writing")submitted in response to this RFP(the"documents")become a public record upon submission to the City, subject to mandatory disclosure upon request by any person, unless the documents are exempted by a specific provision of law. If the City receives a request for inspection or copying of the documents, it will promptly notify the person/entity submitting the documents to the City(by U.S.mail and electronic mail if the person has provided an e-mail address) and upon written request of such person/entity, received by the City within five days of the providing of such notice, will postpone disclosure of the documents for a reasonable period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of such documents. The City assumes no contractual obligation to enforce any exemption. 8 2'2 -229 •co 22-29.ai DATE(MMIDD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 05/09/2024 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 NAME: Sarah Kreider Hoover Insurance INC.N,Exa:(509)922-8950 c(,No),(509)922-8960 708 N Argonne Rd Suite 1 E-MAIL sarah@hooverinsurance,net Spokane Valley,WA 99212 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Mutual of Enumclaw 14761 INSURED INSURER B Progressive Insurance Company 11770 Eat Good LLC dba Le Catering INSURER C: 24001 E Mission Ave Ste 190 INSURERD: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTRINSD VD POLICY NUMBER IMM/DD/YYYY) (MMIDDIYYYY) A X 1 COMMERCIAL GENERAL LIABILITY Y CPP0027095 05/21/2024 05/21/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occu ence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B --- 02496593 07/22/2023 07/22/2024 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY 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 COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER 1 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER;MEMBER EXCLUDED? N/A (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Liquor Liability Y CPP0027095 05/21/2024 05/21/2025 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate holder is listed as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y p y ACCORDANCE WITH THE POLICY PROVISIONS. 2426 N Discovery Place Spokane Valley WA 99216 AUTHORIZED REPRESENTATIVE Sarah Kreider ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by SMK on May 09,2024 at 02:25PM