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25-151.00SedsDeliciousDogs Contract No. #25-151.00 AGREEMENT FOR VENDOR SERVICES RELATED TO SPECIAL EVENT Sed's Delicious Dogs THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City" and Sed's Delicious Dogs, 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. 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: Sed's Delicious Dogs Phone:(509)720-5000 Phone:(509)499-7251 Address: 10210 East Sprague Avenue Address: 2727 E 4th Ave,Spokane,WA,99202 Agreement for Recreational Services Page 1 of 5 Contract No. #25-151.00 Spokane Valley,WA 99206 Email:Sedrickdickerson49@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, 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. Agreement for Recreational Services Page 2 of 5 Contract No. #25-151.00 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. 19.Exhibits. Exhibits attached and incorporated into this Agreement are: Agreement for Recreational Services Page 3 of 5 Contract No. #25-151.00 A. Scope of Services ,,rr�� The Parties have executed this Agreement thi9 day of / UG-Lt8r 20 2-55 CITY OF ' NE VALLEY Ven or: 111 l John Hoh ,City Tanager 07 By: S � Its: A jr,L. cpres APPROVED AS T FORM: Office the City Atto ey Agreement for Recreational Services Page 4 of 5 Contract No. #25-151.00 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 hot dogs at the Cops&Kids Car Show on 23 August 2025. Sed's Delicious Dogs will provide hot dogs for the patrons attending the Cops&Kids Car Show, August 23,2025 at Balfour Park. City will provide the exact location for the vendor at the event. In addition: o Sed's Delicious Dogs will pay a flat fee of$25 event fee per event to the City. o Sed's Delicious Dogs shall process and collect all fees for their goods during the event. o Sed's Delicious Dogs shall provide all equipment and goods necessary for the sale of hot dogs at the event. The vendor should plan on providing its own power via generator or other means and shall not rely on power provided by the City. o Sed's Delicious Dogs shall comply with all park rules and regulations. o Sed's Delicious Dogs shall not disrupt the event in any manner. o Sed's Delicious Dogs is aware that it is not a part of,an agent of,nor is it affiliated with the City of Spokane Valley. o The goods and products are not the activities or services of the City of Spokane Valley, and this Agreement does not and shall not be construed as an endorsement of the goods or services provided by Sed's Delicious Dogs. Agreement for Recreational Services Page 5 of 5 Contract No. #25-151.00 AC J)RIDB CERTIFICATE OF LIABILITY INSURANCE I D"EP�°I'""' Try k 02/14/2025 CERNHCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND I_Ot4t ERS NO RIGHTS UPON THE CERNFIC fE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the pohcy(iea) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A. statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hismx Inc. �N.E.4. MS)=02-3aC7 I rec.NY 5 Concourse Pathway EMAIL Suite 2150 soDREss oontactZhlscox.corn Atlanta GA.30328 WARRENS)AFFORDING COVERAGE MAX$ sJRER: Htscox Insurance COrrlparly Inc 10200 INJURED INSJRER e • SeSS Delicious Dogs PSJRER C 1921 W 26th Ave - - Spokane.WA 99224 erSURERD alSURE3t E: POURER r COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: T IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE Lls I EU BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IVOICATSO. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN D SIAJECT TO ALL THE TERMS. EXrYI-CiIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. LTR !FF PO1-1000 'LIR TYPEOF NSURAMCE .P30 PM POLICY RAPER YYY1 ;MMOO,YYYYI LWRS X GORMIERCL:L GENERAL LIABILITY EACiOCCURRENCE S 1.000.000 J CLAMS-VADE OCCUR CAVAGETOcor CAVAG^ET RENTED air erce. S 100,000 _ ►EDE1w,A1yaeperwr. s 5,000 A P101.709.745.3 0313112025 03/31r2026 PE+tsoeu:aAevnuJRv s t,000,000 GEHLAGGREGATE OAT APPLEGPER GENERAL AGGREGATE s 2,000,000 POLICY JPECf LOC PRODUCTS,-COMP.•CPAGG S 2,000.023 OTHER: AUTOYOBLE LIABILITY CrONE?111.INGUE LIA11- S .)e.T• ANY AUTO EON-Y MOO' ;vex' . — ALL OWMSD SCI-EDJ__C' E07_Y INJURY:Per a xOe1! I AUTOS _ a_rO_ PROPERTY DAIJALE MRED µMCC A.J-.^.: •Per mown UMBRELLA LIAR ;..J= EACH OCCURRENCE O(CESS UAB c W.+C-.'.i•7E AGGREGATE • 2: I 1 RE-EsTONS PORKERS COMPENSATION `PTATUre I I P7 AID EMPLOYERS'LIABILITY Y AMPROPRtrr„-TART+EA'EXECUTNE E...EA/1,ACCOE'T p HCenikeveERExctumo ❑N I A • INinostoly II NNI E_CASEAM•EA EMPLOYEE S Rpyee6•,, IPTIO.IT,Ser DP.aCRIPT1ON Or`OPERATIONS ODes El..DOSAGE-POJC`!:IMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS I NDOGLES(ACORD let,APECOn31 Remarks TcWAD.Rrey be edzeMO R moss$pica•M required; 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. eurNO1OZm REPRESENTATNE 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered manes of ACORD Agreement for Recreational Services Page 9 of 9