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22-229.02LeCateringCompanyCenterPlaceFoodBeverageServices CONTRACT NDMENT TO THE AGREEMENT BETWEEN THE CITY OF K SPOANE VALLE AND EAT GOOD GROUP LLC BDA LE CATERING COMPANY Spokane Valley Contract#22-229.02 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Contractor mutually agree as follows: 1. Purpose: This Amendment is for the Contract for CenterPlace Food and Beverage Services by and between the Parties,exec ted by the Parties on December 29,2022,and which terminates on December 31, 2024. Said contract is referred to as the "Original Contract" and its terms are hereby incorporated by reference. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which are as follows and attached hereto as Appendix"A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. The term of the Original Contract is extended to December 31, 2025. 4. Compensation Amendment History: This is Amendment #2 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount 12/29/2022 Commissions, plus$4,200 for Kitchen Equipment Reserve Fund Amendment#1 12/28/2023 Commissions, plus$4,325 for Kitchen Equipment Reserve Fund Amendment#2 to be executed Commissions, plus$4,455 for Kitchen Equipment Reserve Fund Total Amended Compensation Commissions, plus$4,455 for Kitchen Equipment Reserve Fund The parties have executed this Amendment to the Original Contract this 3/ Sr day of December 2024. CITY OF SPOKANE VALLEY: CONTRACTOR: .gam ,61 7/77 John Hohman By: Adam Hegsted City Manager Its:Owner APPROVED A TO FORM: 0 i of t e City orney 1 APPENDIX"A" 1. The Scope of Services, (Exhibit 1) Section 2 of the Original Contract, is hereby amended to read as follows: 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 cof e)for meetings and small gatherings of 20 attendees or less. On Sundays,guests and users of enterPlace may provide their own food or work with our caterer to provide food services for heir events or gatherings;provided,however,the kitchen shall not be available for guest or out ide caterer use and shall only be available for use by Contractor. Contractor may negotiate a rate with event organizers to allow alcoholic beverage service with donated wine/beer or service under a Special Occasion License issued to a bona fide nonprofit organization by the Washington State Liquor and Cannabis Board. 2. The Compensation Terms,(Exhibit 3)Sections 1,2 and 3 of the Original Contract,are hereby amended to read as follows: 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 18%for the Great Room, Small Dining Room, Fireside Lounge, and all conference rooms; 2) Alcohol inclusive of negotiated alternative alcohol service and corkage fees 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. 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$4,455 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. Penalties and interest for late payments shall be assessed as follows: • If paid 1 to 10 days late,there shall be a penalty of 5%added to the amount due • If paid 11 to 20 days late,there shall be a penalty of 7%added to the amount due • If paid 21 to 30 days late,there shall be a penalty of 10%added to the amount due • If paid 31 to 60 days late,there shall be a penalty of 15%added to the amount due • If p id in excess of 60 days late,there shall be a penalty of 20%added to the amount due • In ddition to the above penalty, the City shall charge the Contractor interest on all amounts due at the rate of 1%per month or portion thereof that said amounts are past due 2 AR Q® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/7/2024 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: IMA, Inc.-Dallas PHONE FAX 14221 Dallas Parkway cAILo.Extl: 972-581-4400 (A/C,No):972-581-4490 E-MSuite 700 ADDRESS: - Dallas TX 75254 INSURER(S)AFFORDING COVERAGE NAIC# License#:PC-1210733 INSURERA:Fireman's Fund Insurance Company 21873 INSURED EATGOOD-01 INSURER B: Eat Good, LLC 24001 E. Mission Ave. INSURER C: Liberty Lake,WA 99019 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1083344664 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 INSD SIN D POLICY NUMBER (MM/DY/YYYY) (M EFF M/DD//YYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y USC041624240 8/28/2024 8/28/2025 EACH OCCURRENCE $1,000,000 _ DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 -- MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: j GENERAL AGGREGATE $2,000,000 POLICY PEt° LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR USC03949224U 8/28/2024 8/28/2025 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE i AGGREGATE $1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION USC041624240 8/28/2024 8/28/2025 PER STATUTE X Err- WA Stop Gap AND EMPLOYERS'LIABILITY ------- ANYPROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under ,DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Liquor Liability USC041624240 8/28/2024 8/28/2025 Limit$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) All Operations. Certificate Holder and all other parties required by the contract are included as Additional Insured on the General liability Policy per the endorsement is to follow from carrier. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley 2426 N Discovery Place Spokane Valley WA 99216 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD