HomeMy WebLinkAbout26-064.00 Sed's Delicious Dogs - Picnic in the Park EventContract No. 26-064.00
Food & Beverage Vendor Agreement for Picnic in the Park 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."
IN CONSIDERATION of the terns and conditions contained herein, the Parties agree as follows:
1. Vendor at Facilities. VENDOR shall be non-exclusive allowed use of the City's park facilities at Balfour
Park, 105 N. Balfour Road, Spokane Valley, WA, to sell its food/beverages to the general public for the Picnic
in the Park event on May 30, 2026 (the "Event") in accordance with the terns and conditions contained herein
and as detailed in the Scope of Services attached hereto as Exhibit A.
A. Administration. For the purposes of the Event, the City's Legislative Policy Coordinator/Project
Manager, Virginia Clough, shall be VENDOR's primary contact. Prior to commencement of the Event,
VENDOR shall contact Virginia Clough to review the terms, schedule, and operations of the Event.
B. Representations. City has relied upon the qualifications of VENDOR in entering into this
Agreement. By execution of this Agreement, VENDOR represents it possesses the ability, skill, and
resources necessary to provide its food and/or beverage service(s) to the public and is familiar with all
current laws, rules, and regulations which reasonably relate to its business. This includes the VENDOR
obtaining all necessary permits from government bodies including but not limited to the Spokane
Regional Health District and Spokane Valley Fire Department.
C. Standard of Care. VENDOR shall exercise the degree of skill and diligence normally employed by
food/beverage truck VENDORS at the time of the Event.
D. Modifications. City may modify this Agreement and order changes in the work whenever necessary
or advisable. VENDOR shall accept modifications when ordered in writing by the City, so long as
reasonable.
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in
effect until June 15, 2026.
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 by 10 days' written notice to VENDOR.
3. Compensation. As consideration for use of the City's facilities at the Event, VENDOR shall pay the City a
flat fee of $25.00.
4. Payment. VENDOR shall pay the City's $25.00 flat fee at or before the May 30, 2026 event.
Vendor Agreement for Picnic in the Park Event Page 1 of 6
Contract No. 26-064.00
5. Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY:
Name: Marci Patterson, City Clerk
Phone: (509) 720-5000
Address: 10210 East Sprague Avenue
Spokane Valley, WA 99206
TO VENDOR:
Name: Sedrick Dickerson
Phone: (509) 499-7251
Address: 2727 E. 4th
Spokane, WA 99202
Email: sedrickdickerson49na.gmail.conn
6. Applicable Laws and Standards. In the performance of this Agreement, VENDOR agrees to comply with
all applicable federal, state, and local laws and regulations.
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. Any and all VENDOR employees who provide services at the Event
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.Ownersbip of Documents. Any documents prepared by VENDOR in the course of fulfilling its obligations
hereunder may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws,
and, upon a public records request concerning this Agreement or performance hereunder, the City shall provide
notice to VENDOR of such request and provide a reasonable time for VENDOR to seek an injunction
preventing the release of such records.
9. Reserved.
10. 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, hied, 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.
Vendor Agreement for Picnic in the Park Event Page 2 of 6
Contract No. 26-064.00
B. Minimum Amounts of Insurance. VENDOR shall maintain the following insurance limits:
1. Automobile Iiability 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 perfonnance of this Agreement, automobile liability insurance is only required to meet
Washington statntory 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 lunits than the minimums shown above, City shall
be insured for the full available limits of commercial general and excess or umbrella liability
manrtained 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 time 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
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:V1I.
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
VENDOR shall firrnisln acceptable insurance certificates to the City Clerk at the time VENDOR returns
the signed Agreement, which shall be Exhibit B. 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.
11. Indemnification and Hold Harmless. By signing this Agreement, VENDOR agrees that it shall, at its sole
expense, defend, indemnify and hold harmless, the City of Spokane Valley and its officers, agents, volunteers,
and employees, firom any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation,
expenses, injuries, and damages of any nahn•e whatsoever relating to or arising out of the wrongful or negligent
acts, errors or omissions in the work dome, products sold, or services provided at the Event by the VENDOR,
Vendor Agreement for Picnic in the Park Event Page 3 of 6
Contract No. 26-064.00
the VENDOR's employees, contractors, volunteers and agents 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 VENDOR and the City, its officers, officials, employees,
and volunteers, the VENDOR's liability, includnrg the duty and cost to defend, hereunder shall be only to the
extent of the VENDOR's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the VENDOR'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.
12. 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.
13. 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 prior written consent of the other
Party.
14. Subcontracts. Except as otherwise provided herein, VENDOR shall not enter into subcontracts for any of
the work contemplated under this Agreement without obtaining prior written approval of City.
15. Confidentiality. VENDOR may, from time -to -time, receive information which is deemed by City to be
confidential. VENDOR shall not disclose such information without the prior express written consent of City
or upon order of a court of competent jurisdiction.
16. Reserved.
17. 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 wider 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 hi any court
having jurisdiction thereof
18. 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).
Vendor Agreement for Picnic in the Park Event Page 4 of 6
Contract No. 26-064.00
19. 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.
20. 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.
21. 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.
22. Assurance of Compliance with Nondiscrimination Laws. During the performance of this Agreement,
VENDOR, for itself, its assignees, and successors in interest shall comply with all federal, state, and local
nondiscrimination laws, regulations, and policies including, but not be limited to RCW 49.60.530(3) et seq.
23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for
any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section,
sentence, clause, or phrase of this Agreement.
24. Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Services
B. Insurance Certificates !JJ
The Parties have executed this Agreement this day of May, 2026.
CITY OF SPOKANE VALLEY
3�ohn Hohman, City Manager
APPROVED AS TO FORM:
VENDOR:
By: Sedrick Dickerson
Its: Authorized Representative
Vendor Agreement for Picnic in the Park Event Page 5 of 6
Contract No. 26-064.00
Exhibit A - Scope of Services
Picnic in the Park
Pursuant to SVMC 6.05.050, by this Agreement the City is allowing the sale of hot dogs, chips, soda and water
by Sed's Delicious Dogs at the Picnic in the Park event.
Sed's Delicious Dogs will provide hot dogs, chips, soda and water for the patrons attending the Picnic in the
Park event on Satnirday, May 30, 2026 during the event time (12:00 — 2:00 p.m.) at Balfour Park (105 N.
Balfour Road, Spokane Valley). City will provide the exact location for the vendor at the event.
Sed's Delicious Dogs shall arrive at 10:45 a.m. on May 30, 2026 to load in and set up for event and be
ready to serve at 11:45a.m.
In addition:
• Sed's Delicious Dogs will pay a flat fee of $25 event fee per event to the City.
• Sed's Delicious Dogs shall process and collect all fees for their goods during the event.
• Sed's Delicious Dogs shall provide all equipment and goods necessary for the sale of hot dogs,
chips, soda and water at the event. The City is not responsible for providing any equipment, or
assistance related to the purpose of this Agreement.
• Sed's Delicious Dogs shall comply with all park rules and regulations.
• Sed's Delicious Dogs shall not disrupt the Picnic in the Park event in any manner.
• Sed's Delicious Dogs is aware that it is not a pail of, an agent of, nor is it affiliated with the City of
Spokane Valley.
• 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.
Vendor Agreement for Picnic in the Park Event Page 6 of 6
Rd CERTIFICATE OF LIABIuTY INSURANCE 0,11EIIIY,1nnY,Y}
cun�nau
it A i7 cat R I n
CERTIFICATE ROEt3, NOT AFFIRIMATIVELY GR Fi£c)ATIMEIY AMEND, VXTEND OR ALTER TH£'COWERAOE AFFORDED BY THE FMICIE&
BELOW. THes CERTIFICATE OF INSURANCE DDES NOT CONSIlTUTIE A COiNTRAGT BETWEEN THE 16SU940 LRWRER(8). AUT110RR'kD
REMECENTAMEOR PRODUM.A.MD.THECfFITIFICATEHOLDOL
IF RT : If t1w ca ott hcMw le en A-55-OrTMkLt, the politnr(laoj must hewn ADbItfDtlAL MILIFtD provlaloni, 0717
drldalud. If SU9ROGATION 15 4VA. M8D. sub et to the tem% end cowwons of ow pollcy, t yl pallelaa mry require an #ndwte#I oM. A
ct atom on thtc wwttwaw door floe om,A X rl s tQ fill CORIfIaalD holdu f In Ilau d CIKIr'ondaraaat mj
lRNIt117C�N. .
5 Crxg. bitl r Pwt.YYal
Sy Ao Ilft4i
_ 79�►7
Ep +vM+ JiIi1 „u�R:ec�n!
Mimi", ct14 3017A
eK at}Tnra,Y.c,trcw t kANGiY
..
1U?OCI,
Mw,Eso
F4d! pQlkt911; i;C�9
14211Yf+11..
INN URLAC;
!Nru�lr
�kaiK,fr r
cavo A8Es CiRWICATE NUNEBER:. REVVE-ON NUMBER:
'his IS in CfAI[FV tHAI THE PDIIGts OF AFT9lwa 11STED Eal-ah W,VE BEER ift" TO 1!-& 3t". ED K"PA40W FOR Ttf. K*r,,' KIWI)
J%Vr,ATED. NDTP11-.HATANEING AVY WaUREtENT: TERM OR CflFi IV Ai OF ANY G1� R4Ca DR OTWR DOCOVEN7 YAM REBFfCT iC IMCH n!3
a*kYltlt;AYE jy4+Y,l{f i,4$UFU (7K I16T Vf� 14y60. 1w mulmu4[` 00r6tk:*'4 f/Y ?Mh KXjCIft. CY`+GNrekp �t'!rl R Uat riY 7(? M.l .IN EExA#
E7tCIl.lFiltTfk3�tcltN[!iTKI�50F£1�FtI�H7E9(!1lIT$6171Y?7AMYWVENEEVAEi3UCF.T►8YPJ4d1G1.h14+!S
LTR
Tor flT itlflit<m
� L
_ t ��+
,l1Ra
X'
Ca1AlO1CULG1;l,�LfJiJY!}T
EI7:Ft gCCI.'RJ6YgCC
�.
.:...,......
A
P10130R.74S 1
(Wia cf�
Oct l[I2f n
"A1104 .41 AIN •,w7 ,
FE.It:{a?tii.� Aii� ltil4YiN
f 6ELQ0 __-__.. --
1 1.Ut>Q4nu
_ VM
CFNI.+wjwcAmjurrwft!IypMx
k tug+ nii tiaG
rlr. r ftcgn-Ty
rxrt+cl_ cxTwttirld
[ fCdd(NiO_y_
t �tk?0,000
r: n re
........................ ..... .... .......
ruln+�,�u�arurY
wE
Igate[.ti-Nuirx 5�'+!p�at,,
i
Itfi tiu1�0
KL rSMi .11 isC4=.ihLLir.
Akltft+� Was
E�
litE1J hJ147:}
}IItY KIlillifi ;''Y�b;iiJ�R-X
i
..iatiN[YL N!i!
�
F
ianNeu.ilulia o,:+:�
titrncrci�r..�w�
T
�NM�AfirlE
t>tcTeai:ttit, ink?+�+�+`�
_...
- .. .. .
_..._
*ttltelll: G011m"rauum ..
,�nryacu}Tfa'►Wsuri ..
4ii}1aDtY.`itL'1tPIVi t1�!:C1lCY'-,A Ytit
xrci�at!>.ar,t.nx{�r» :.:
flht+aei9"11np
.T,.4' o •h` # .. .......
q,l1
.... .... .....
............
ra w
,..:. , :.. .
_I.E4Ci!h:�74E►1f
>ti____...._.._...,__._.... _
f
_
ELCP.t:►bt ERENKOrIb
RfCR�{rOM 7#n14NAt(nNf1LDGti�lsf4m CFI )!'i. >i N�aioFf .rorb��w4{adM lows amalat
t JfWLD AN1' bF THE A*M DEFC1gIB ED FOIIGE6 YE CAKIIA D WORE
THE E]ti moloet ELATE WEPMM, WIce lhtLi mE DELIVERED IN
ACEt1RDAMC£YtITHTFEpbLiCYf'RbY18iK,Nl. ,
coRo 26 201GA) Tha AW Istm +ne Wpo r`s feQ1�6vNrd laafkil of ACOfIt3