HomeMy WebLinkAbout26-101.00 Kona Ice 2026 Cops & Kids Car Show Contract No.26-101.00
Food& Beverage Vendor Agreement for Cops and Kids Car Show Event
Kona Ice
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington,hereinafter"City"and Kona Ice,hereinafter"VENDOR,"jointly referred to as"Parties."
IN CONSIDERATION of the terms 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 Cops
and Kids Car Show event on August 29, 2026 (the "Event") in accordance with the terms 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 certifies 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. By signing this
Agreement, VENDOR also certifies that it has obtained all necessary permits from government
bodies including but not limited to the Spokane Regional Health District and Spokane Valley Fire
Department, and will comply with the same. VENDOR shall furnish the City with such permits upon
request.
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 September 12,2026.
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 August 29, 2026 event.
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Contract No.26-101.00
5. Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO VENDOR:
Name: Marci Patterson,City Clerk Name: Jim Heberer
Phone: (509)720-5000 Phone: (208) 863-7280
Address: 10210 East Sprague Avenue Address: 2917 S. Schilling Loop
Spokane Valley,WA 99206 Post Falls,ID 83854-4762
Email: jheberer cr kona-ice.com
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. Ownership 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, 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.
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Contract No. 26-101.00
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
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 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, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and
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 work done, products sold, or services provided at the
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Contract No.26-101.00
Event by the VENDOR, 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, including 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 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.
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).
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.
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Contract No.26-101.00
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
The Parties have executed this Agreement this 21st day of July, 2026.
CITY OF SPOKANE VALLEY VENDOR:
hn Hohman, City Manager By: J m Heberer
Its: Authorized Representative
APPR D AS T FOR :
Office the ity ttorney
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Contract No.26-101.00
Exhibit A- Scope of Services
Cops and Kids Car Show
Pursuant to SVMC 6.05.050, by this Agreement the City is allowing the sale of shaved ice and blended
smoothies by Kona Ice at the Cops and Kids Car Show event.
Kona Ice will provide shaved ice and blended smoothies for the patrons attending the Cops and Kids
Car Show event on Saturday, August 29, 2026 during the event time (4:00— 7:00 p.m.) at Balfour Park
(105 N. Balfour Road, Spokane Valley). City will provide the exact location for the vendor at the event.
Kona Ice shall arrive at 2:45 p.m. on August 29,2026 to load in and set up for event and be ready to serve
at 3:45 p.m.
In addition:
• Kona Ice will pay a flat fee of$25 event fee per event to the City.
• Kona Ice shall process and collect all fees for their goods during the event.
• Kona Ice shall provide all equipment and goods necessary for the sale of shaved ice and blended
smoothies at the event. The City is not responsible for providing any equipment, or assistance
related to the purpose of this Agreement.
• Kona Ice shall comply with all park rules and regulations.
• Kona Ice shall not disrupt the Picnic in the Park event in any manner.
• Kona Ice is aware that it is not a part 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 Kona Ice.
Vendor Agreement for Cops and Kids Car Show Event Page 6 of 7
ACORD® CERTIFICATE OF LIABILITY INSURANCE DA'�`"I"/DD"'r'"'
5/20/2026
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 POUCIES
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(les)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
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PRODUCER NAME:CONTACT Arnie Turner
Cornerstone Insurance PHONE FAX
5915 Centennial Cir � No.
.EA);859-586-8580 (A/C,No):859-586-8616
Suite B ADDRESS: certs@csins.com
Florence KY 41042-1293 INSURERS)AFFORDING COVERAGE NAIL E
License#:7222909 INSURER A:Selective Insurance Company of America 12572
INSURED MAxIFUN-01 INSURER B:
Maximum Fun LLC
2917 S.Schilling Loop INSURERC:
Post Falls ID 83854 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:838301576 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
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EPP POLICY EXP
LTR TYPE OF INSURANCE M D WM POLICY NUMBER I SUM MN DDIYYYY)/ IMMIDD/YYYYI
UNITS
A X COMMERCIAL GENERAL LIABILITY S 2697923 5/18/2026 5/18/2027 EACH OCCURRENCE $2,000,000
CLAIMS-MADE X OCCUR PREM SES0(EsENT occurrence) $500,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000.000
POLICY X jECT LOC PRODUCTS-COMP/OP AGG $4,000,000
OTHER: $
A AUTOMOBILELIABIUTY S 2697923 5/18/2026 5/18/2027 COMBINEDn1SINGLE LIMIT $1,000,000
X 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)
UMBRELLA UPS _OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY ST STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUT1VE Ya N/A E.L EACH ACCIDENT $
OFFICERIMEMBEREXCLUDED?
(Mandatory hi NH) E.L DISFASF-EA EMPLOYEE S
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required)
Certificate Holder is added as Additional Insured Where Required by Written Contract
Certificate holder is listed as an additional Insured with regards to the operations of the named insured.;
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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