25-142.00FruitaLasReinas Contract No. 25-142.00
AGREEMENT FOR VENDOR SERVICES RELATED TO SPECIAL EVENT
Fruta Las Reina's
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State
of Washington, hereinafter "City" and Fruta Las Reina's, hereinafter "Vendor," jointly referred to as
"Parties."
WHEREAS, the Cops and Kids Car Show(the"Special Event") is scheduled to occur at Balfour
Park from 4 to 7 p.m. on August 23,2025; and
WHEREAS, the City desires to allow attendees of the Special Event the opportunity to purchase
food and beverages; and
WHEREAS,the City may allow the sale of goods or services at City parks pursuant to an agreement
with the City;and
WHEREAS, the City may require appropriate compensation for allowing any such commercial
uses upon City park property;and
IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows:
1. Work to Be Performed. The above recitals are incorporated herein by this reference. In connection
with the Special Event, Vendor shall provide all labor,services,and material to satisfactorily complete the
Scope of Services,attached as Exhibit A. City shall provide a space at the Special Event for Vendor to sell
its goods and services,which shall include vehicular access and recycling and garbage receptacles. It is the
responsibility of the Vendor to ensure that vehicular access, and electrical provisions are adequate for
Vendor to perform its services pursuant to Exhibit A.
2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in
effect until September 30,2025.
Either Party may terminate this Agreement for material breach after providing the other Party with at least
10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement
for any reason upon written notice to Vendor. In the event of termination without breach, City shall pay
Vendor for all work previously authorized and satisfactorily performed prior to the termination date.
3. Compensation. In consideration of the Vendor providing its goods and services for sale to the public in
support of and to enhance the Special Event, the City is providing a location for the Vendor's equipment.
The vendor should plan on providing its own power via generator or other means and shall not rely on
power provided by the City.
4.Payment. Vendor shall pay the City the$25 fee one week prior to the Special Event plus any applicable
tax. All payments shall be sent to the City Finance Department at the below-stated address.
5.Notice. Notices other than those relating to payment shall be given in writing as follows:
TO THE CITY: TO THE VENDOR:
Name: Marci Patterson, City Clerk Name: Fruta Las Reina's
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Contract No. 25-142.00
Phone:(509)720-5000 Phone: 509-270-7374
Address: 10210 East Sprague Avenue Address:6228 N Cannon St,Spokane,WA,99202
Spokane Valley,WA 99206 Email:shysadidajhamarion@gmail.com
6.Applicable Laws and Standards. Vendor agrees to comply with all applicable federal,state,and local
laws and regulations including those promulgated by the Washinton State Department of Labor and
Industries, departments of health and safety standards such as chapter 246-215. In providing its goods
and services at the Special Event, the Vendor agrees to not discriminate against any person or group in
violation of any federal, state,or local law, including chapter 49.60 RCW. Failure to abide by these laws,
rules,and regulations shall be a material breach of this Agreement.
7.Relationship of the Parties. It is understood and agreed that Vendor shall be an independent contractor
and not the agent or employee of City,that 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 Vendor. Any and all employees who provide services to City under this Agreement
shall be deemed employees solely of Vendor. The Vendor shall be solely responsible for the conduct and
actions of all its employees under this Agreement and any liability that may attach thereto.
8. Ownership of Documents. All documents prepared by Vendor and City under this Agreement may be
subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. 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 Vendor shall have
no liability for the use of Vendor's work product outside of the scope of its intended purpose
9. Indemnification and Hold Harmless. Vendor 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 Vendor,
Vendor's agents, subcontractors, and employees to the fullest extent permitted by law, subject only to the
limitations provided below.
Vendor's duty to defend,indemnify,and hold City harmless 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.
Vendor's duty to defend,indemnify,and hold City harmless 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) Vendor,
Vendor's agents, subcontractors, subconsultants, and employees, shall apply only to the extent of the
negligence of Vendor, Vendor's agents,subcontractors,subconsultants,and employees.
Vendor'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.
Vendor 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,
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Contract No. 25-142.00
Vendor's waiver of immunity under this provision extends only to claims against Vendor by City,and does
not include, or extend to,any claims by Vendor's employees directly against Vendor.
Vendor hereby certifies that this indemnification provision was mutually negotiated.
10.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. A waiver in one instance
shall not be held to be a 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.
11.Assignment and Delegation. Vendor shall not enter into subcontracts or assign or delegate any of the
work contemplated under this Agreement without obtaining prior written approval of City.
12. Criminal Background Check. Vendor shall perform background screening on all employees and
volunteers who will have direct contact or involvement with children or vulnerable adults in the
performance of this Agreement, including reference checking and national criminal history screening
consistent with the Child and Adult Abuse Information Act.
13. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
between City and Vendor shall be resolved in the Superior Court of the State of Washington in Spokane
County. Notwithstanding the foregoing, Vendor 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 Vendor's services under this Agreement. Vendor further agrees that the
Arbitrator(s)' decision therein shall be final and binding on Vendor and that judgment may be entered upon
it in any court having jurisdiction thereof.
14. 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 or arbitration(including expert
witness fees).
15. 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.
16.Anti-kickback. No officer or employee of 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.
17. Business Registration. Vendor shall register with the City as a business prior to commencement of
work under this Agreement if it has not already done so.
18. 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.
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Contract No. 25-142.00
19.Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Services
B. Insurance Requirements
C. Insurance Certificates
The Parties have executed this Agreement this' day of AU Gu s T ,20 25
CITY OF OKANE VALLEY Vendor:
John H man, ity Manag r By:
Its: Authorized Representative
APPROVED AS/TO FORM:
Akif
Offi the Attorney
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Contract No. 25-142.00
19. Exhibits. Exhibits attached and incorporated into this Agreement
A. Scope of Services are:
B. Insurance Requirements
C. Insurance Certificates
The Parties have executed this Agreement this2o day of Av ,202.5 •
CITY OF SPOKANE VALLEY
Vendor: - '-
John Hohman, City Manager j ,
l
Its: Authorized Representative
APPROVED AS TO FORM:
Office f the City Att ey
Agreement for Recreational Services '-
Contract No. 25-142.00
EXHIBIT A—SCOPE OF SERVICES
Cops & Kids Car Show 23 August 2025
Pursuant to SVMC 6.05.050,by this Agreement the City is allowing the sale of Mexican fruit cups by
Fruta Las Reina's at the 23 August 2025 Cops&Kids Car Show event.
Fruta Las Reina's will provide Mexican fruit cups for the patrons attending the Cops& Kids Car
Show event on Saturday, 23 August 2025 at Balfour Park. City will provide the exact location for
the vendor at the event.
In addition:
o Fruta Las Reina's will pay a flat fee of$25 event fee per event to the City.
o Fruta Las Reina's shall process and collect all fees for their goods during the event.
o Fruta Las Reina's shall provide all equipment and goods necessary for the sale of Mexican fruit at
the event. The vendor should plan on providing its own power via generator or other means
and shall not rely on power provided by the City.
o Fruta Las Reina's shall comply with all park rules and regulations.
o Fruta Las Reina's shall not disrupt the Cops&Kids Car Show in any manner.
o Fruta Las Reina's is aware that it is not a part of, an agent of,nor is it affiliated with the City of
Spokane Valley.
o The goods and products are not the activities or services of the City of Spokane Valley,and this
Agreement does not and shall not be construed as an endorsement of the goods or services
provided by Fruta Las Reina's.
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Contract No. 25-142.00
EXHIBIT B—INSURANCE REQUIREMENTS
Insurance. Vendor 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 Vendor, its agents,representatives,employees, or subcontractors.
A.Minimum Scope of Insurance. Vendor 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.
2.Commercial general liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent
contractors and personal injury, and advertising injury. City shall be named as an
additional insured under Vendor's commercial general liability insurance policy with
respect to the work performed for the City using an additional insured endorsement at least
as broad as ISO CG 20 26.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
B.Minimum Amounts of Insurance. Vendor shall maintain the following insurance limits:
1.Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than $1,000,000 per accident. If Vendor will not use its
vehicles in the performance of this Agreement, automobile liability insurance is only
required to meet Washington statutory minimum requirements.
2. Commercial general liability insurance shall be written with limits no less than
$1,000,000 for each occurrence,and$2,000,000 for general aggregate.
C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following
provisions for automobile liability and commercial general liability insurance:
1. Vendor's insurance coverage shall be primary insurance with respect to the City. Any
insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess
of Vendor's insurance and shall not contribute with it.
2. Vendor shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Vendor.
3.If Vendor maintains higher insurance limits than the minimums shown above,City shall
be insured for the full available limits of commercial general and excess or umbrella
liability maintained by Vendor, irrespective of whether such limits maintained by are
greater than those required by this Agreement or whether any certificate of insurance
furnished to the City evidences limits of liability lower than those maintained by Vendor.
4. Failure on the part of Vendor to maintain the insurance as required shall constitute a
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Contract No. 25-142.00
material breach of the Agreement, upon which the City may, after giving at least five
business days' notice to Vendor to correct the breach, immediately terminate the
Agreement, or at its sole discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand,or at the sole discretion of the City,offset against funds due Vendor from the City.
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,
Vendor shall furnish acceptable insurance certificates to the City Clerk at the time Vendor returns
the signed Agreement, which shall be Exhibit C to the Agreement. The certificate shall specify all
of the parties who are additional insureds, and shall 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. Vendor shall be
financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance.
Agreement for Recreational Services Page 7 of 8
Contract No. 25-142.00
ALC D CERTIFICATE OF LIABILITY INSURANCE DATE(MY.DDNYYY)
08/18/2025
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).
PRODUCER ante" ERIN NEWKIRK
NAME
NEWKIRK AGENCY LLC Plum E,�'(509)309-3925 I ac.Nc):(509)290-5491
164 S WASHINGTON ST SUITE 600 ADeRtEss: ERINANEWKIRKAGENCY.COM
SPOKANE,WA 99201 INSURERNSI AFFORDING COVERAGE NAJCC
INSURER A:THE HARTFORD
INSURED INSURER B:
JR NETWORK LLC MSURERC:
6228 N CANNON ST INSURER0:
SPOKANE,WA 99205 INSURERS:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTTY 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.
miR COOL SUER POLICY EFF POLICY EXP UNITS
LTR TYPE OF INSURANCE WED YAM POLICY NUMBER fWMIDDIYYYYI IMWDDiYYYY}
A X COA6EFgbL1i0NE`0L`'AR"'r X X 22 SBM BTOY11 Q5/24Y2025 06/24/2020 EACHOCOJRRENCE 51,000,000
CLA➢D-MAD-E (l occuR PPTEE'r ;E o el 51,000,000
NEDExIIrny one Noon) $5,000
_ PERSONALaADVINJURY 51,000,000
C-ENL AGGREGATE UNIT APPUES PER: GENERAL AGGREGATE 32,000,000
RPOLICY rim, n LOC PRo ucra-coMaoPAGG 32,000,000
OTHER. S
AUTOMOBILE LIABILITY W41@INED SCWLEUNIT 5
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AS?AUTO BODILY INJ.JRY pew 5
AI OWNED SCHEDULED EOOr_v INJURY/Per wooer; 5
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N--OVATE PROPERTY Da AGE 5
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UMBRELLALIAB OCCUR EACH OCCURRENCE
EXCESS LICE CLAW-MADE AGGREGATE 5
CEG RETENTIONS 5
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY PER
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CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED WITH RESPECTS TO EVENT:COPS AND KIDS
CERTIFICATE HOLDER CANCELLATION
CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
10210 E SPRAGUE AVE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN
SPOKANE VALLEY,WA 99206 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
•
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