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2016-03-08 City Council - Full Agenda-1610'4- o 0 -c9 AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds WORK MEETING MARCH 8, 2016 7:00 P.M. 7:00 P.M. - CALL TO ORDER / FLAG SALUTE 1. (5 Minutes) Roll Call 2. (5 Minutes) Approval of Agenda 3. (5 Minutes) Approval of Consent Agenda Items A. AM-8390 Approval of draft City Council Meeting minutes of March 1, 2016. B. AM-8392 Approval of claim checks #218797 through #218870 dated March 3, 2016 for $296,571.43. Approval of payroll direct deposit and checks #62087 through #62095 for $496,996.00, benefit checks #62096 through #62103 and wire payments of $467,295.33 for the pay period February 16, 2016 through February 29, 2016. C. AM-8384 Authorization for the Mayor to sign 2016 Tourism Promotion Agreements approved by the Lodging Tax Advisory Committee and recommended by Edmonds Arts Commission. D. AM-8388 Authorization for Mayor to sign PUD Utility Easements from Edmonds-Woodway High School for the 76th Ave at 212th Street Intersection Improvements project 4. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 5. STUDY ITEMS Packet Page 1 of 278 A. (5 Minutes) Amendment to ECC 5.34.010 Adopting RCW 9.61.260 (Cyberstalking) By Reference AM-8382 B. (5 Minutes) 2016 Special Event Contracts AM-8381 C. (10 Minutes) Presentation of a Resolution allowing Snohomish County to prepare a Hazard Mitigation AM-8387 Plan for the City of Edmonds D. (10 Minutes) Report of final construction costs for the City Park Spraypark and acceptance of project. AM-8389 E. (15 Minutes) Phase 5 Energy Project - Solids Processing Equipment Replacement AM-8370 F. (10 Minutes) Presentation of an Interlocal Agreement with Olympic View Water & Sewer District to AM-8393 fund grind and overlay of 102nd Ave from just south of 238th St. to the south end of the cul-de-sac. G. (10 Minutes) Authorize Mayor to sign Deed of Right for Civic Field AM-8383 H. (15 Minutes) Edmonds and Sprague street vacations AM-8385 I. (10 Minutes) Lake Ballinger Access Property Acquisition AM-8386 6. (5 Minutes) Mayor's Comments 7. (15 Minutes) Council Comments 8. Convene in executive session regarding pending or potential litigation per RCW 42.3 0.11 0(l)(i). 9. Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN Packet Page 2 of 278 AM-8390 City Council Meeting Meeting Date: 03/08/2016 Time: Consent Submitted By: Scott Passey Department: City Clerk's Office Type: Action Information Subiect Title Approval of draft City Council Meeting minutes of March 1, 2016. Recommendation Review and approve meeting minutes. Previous Council Action N/A Narrative Attachment 1 - Draft Council Meeting Minutes Attachments Attachment 1 - 03-01-16 Draft Council Meeting Minutes Form Review Form Started By: Scott Passey Started On: 03/03/2016 08:01 AM Final Approval Date: 03/03/2016 3. A. Packet Page 3 of 278 EDMONDS CITY COUNCIL DRAFT MINUTES March 1, 2016 The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Earling in the Council Chambers, 250 5t1i Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Kristiana Johnson, Council President Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Thomas Mesaros, Councilmember Neil Tibbott, Councilmember 1. ROLL CALL STAFF PRESENT P. Clark, Police Officer Linda Coburn, Municipal Court Judge Phil Williams, Public Works Director Scott James, Finance Director Joan Ferebee, Court Administrator Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder City Clerk Scott Passey called the roll. All elected officials were present. 2. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF FEBRUARY 23, 2016 B. APPROVAL OF CLAIM CHECKS #218694 THROUGH #218796 DATED FEBRUARY 25, 2016 FOR $582,520.48 C. CONFIRMATION OF APPOINTMENT OF ROBERT (DOUG) PETERSON TO THE CITIZENS' TREE BOARD D. CONFIRMATION OF JOSEPH HERR TO THE ARCHITECTURAL DESIGN BOARD BUILDER POSITION E. ADOPTION OF GMA COMPLIANCE RESOLUTION Edmonds City Council Draft Minutes March 1, 2016 Page 1 Packet Page 4 of 278 F. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH FOR THE SEAVIEW PARK INFILTRATION FACILITY 4. AUDIENCE COMMENTS Dr. Robert Mitchell, Edmonds, announced a Community Disaster Preparedness Town Hall on March 15, 6:30 — 8:30 p.m. at Edmonds Community College. The keynote speaker is Dr. Brian Atwater, world- renowned USGS geologist, earthquake expert and UW professor. The event is sponsored by Fire District 1, Lynnwood Fire and Operation Military Families. The last Cascadia earthquake occurred in January 1700 as described in "Full Rip 9.0" by Sandi Doughton and in a recent New Yorker article by Kathryn Schultz. 5. PRESENTATIONS/REPORTS A. PRELIMINARY DECEMBER 2015 QUARTERLY BUDGETARY FINANCIAL REPORT Finance Director Scott James Finance Director Scott James provided questions and multiple choice answers to a quiz that would be revealed at the end of his presentation. Mr. James displayed a General Fund — Funds Revenue comparison without bond proceeds, pointing out the General Fund is $2,909,451 ahead of last year, due in part to an $800,000 transfer from the Contingency Reserve to help pay the FD1 retro bill. He displayed a General Fund Revenue Budget to Actual comparison, highlighting the following: General Fund Resource Category YTD Actual a 12/31/14 12/31/15 /o Change Taxes Property Taxes 13,738,273 14,311,029 4.2% Sales Tax 5,840,764 6,741,838 15.4% Utility Tax 6,581,319 6,658,967 1.2% Other Taxes 901,778 946,754 5.0% Total Taxes 27,062,133 28,658,587 5.9% He reviewed Sales Tax Analysis by Category December 2015 YTD, pointing out retail automotive is the largest source of sales tax revenue followed by contractors. He displayed a bar graph of Change in Sales Tax Revenue December 2014 compared to December 2015, pointing out contractors had the largest increase, $526,253 higher in 2015 than 2014. Mr. James displayed a General Fund — Funds Expenditure Comparison, advising General Fund expenditures are 4.2% higher in 2015 than in 2014, primarily due to paying FD1 $1,682,000 more in 2015 than in 2014. He reviewed a General Fund Department Expense Summary, advising expenses YTD December are below target with only 93% of the budget expended. However, a budget carryforward amendment of $957,000 was approved earlier this year for items not completed in 2015 that reduces the expense savings from 7% to 4%. He displayed a Special Funds Revenue Comparison, advising special revenues are 41.2% higher in 2015, due primarily to Street Construction Funds that are reimbursed with grant funds. Covering those expenses required a $3 million interfund loan. He displayed a comparison of Motor Vehicle Fuel Tax Revenues that illustrates a modest 1.4% growth over 2014. A graph of Hotel/Motel Lodging Tax Revenues illustrates a constant upward trend, 12.5% higher in 2015 compared to 2014. REET Revenues continue to increase; 43.6% over 2014 in 2015. Preliminary projections indicate this trend will continue into 2016. Edmonds City Council Draft Minutes March 1, 2016 Page 2 Packet Page 5 of 278 Mr. James displayed a Special Revenue Funds Expenditure Comparison, highlighting a 56.1% increase attributable to the interfund loan. He provided a comparison of Utility Fund Revenue, advising revenues are approximately $2.5 million higher in 2015 compared to 2014 primarily due to water sales increasing by $51,000 or 10% over 2014, stormwater sales increasing $47,000 or 4.9% and sewer sales increasing $512,000 or 9.8%. He provided a Utility Funds Expense Comparison, pointing out the overall increase over 2014 of $962,000, primarily due to capital expenses for waterline replacement. He revealed the answers to the quiz questions: 1. How much new construction was added to our total assessed value for 2016? a) $100,431,960 added in 2008 a) $18,004,460 added in 2011 b) $43,500,982 added in 2016 2. What was the amount of property tax revenues generated from new construction? a) $118,044 generated in 2008 b) $33,290 generated in 2011 c) $85,768 generated in 2016 3. As of December 31, 2015 what is the Seattle -Bellevue -Everett unemployment rate? a) 5.5 as of 12/31/12 b) 4.7 as of 12/31/15 c) 4.3 as of 12/31/14 He displayed a line graph of the unemployment rate, highlighting a low of 3.4% in 2006, a high of 9.4% in 2009, dropping to 4.3% in 2014 and 4.7% in 2015. He overlaid the line graph on a bar graph of new construction property tax revenues, pointing out how the two correspond. Councilmember Mesaros asked how much new construction occurred in the not -for profit world which would not be subject to tax but would generate revenue for the City. Mr. James answered he did not have that information available tonight and offered to email it to Councilmembers. He noted it was fairly significant as Swedish Hospital's renovations were the reason for the significant increase in permit revenue. Councilmember Mesaros commented typically the not -for -profit community is 10% of the economy Councilmember Nelson observed there was a significant increase in construction sales tax revenue yet development permits were down 10% and asked whether there was a lag between the two. Mr. James agreed there could be a lag; for example the Swedish Hospital construction permits were submitted in 2014 but much of the construction activity occurred in 2015. Councilmember Teitzel asked whether the first two months of 2015 indicated the increase in new construction revenue would continue at a high pace. Mr. James said a Development Services report provided today indicates permit revenue is still healthy. Councilmember Buckshnis asked the under budget amount for 2015. Mr. James responded the General Fund revenue comparison illustrated only 93% had been expended; the carryforward of $958,000 brought the under -budget amount to 4%. He referred to the Fund Balance report in the packet that illustrates the General Fund grew $1.7 million. Councilmember Tibbott observed utility expenses exceeded revenues and asked if the excess was paid from reserves. Mr. James advised bonds were issued to cover the large capital outlay. Councilmember Tibbott asked about future utility infrastructure improvements. Public Works Director Phil Williams explained the capital expenditures are from bond proceeds which can distort the annual numbers. Staff will return to Council this year to discuss the utility capital program for the next three years and potential Edmonds City Council Draft Minutes March 1, 2016 Page 3 Packet Page 6 of 278 rate adjustments. The goal is to get water and sewer and eventually stormwater independent of debt for pipe replacement to avoid paying ongoing expenses with bond proceeds. The City is about halfway through that effort. B. PRESENTATION OF 2015 STATE OF THE EDMONDS MUNICIPAL COURT Municipal Court Judge Linda Coburn provided highlights of 2015: • Changes/benefits o Makeshift in -court clerk's desk ■ Reduces recording system problems ■ Increases efficient use of clerk time ■ Temporary until revamp of council chambers/court o New expired -warrants process ■ Improves timely review ■ Improves administrative workflow o Streamlined bail forfeiture procedure ■ Increases responsiveness of bonding companies ■ Efficient clerk time o New interpreter scheduling procedure ■ Compliance with court ■ Improved access to justice ■ Efficient clerk time o Began development of online payment ■ Faster way for defendants to pay LFOs ■ Efficient use of clerk time o Continued research of best practices — paperless court ■ Improved efficiency ■ Improves tracking records ■ Reduces paper need o Video in -custody calendar ■ Time for trial ■ Every other day ■ Reduced jail costs o Electronic search warrant review ■ Increased availability ■ Increased efficient use of officer time • Challenges/impact: o New judge o Law enforcement o Indigent defense o Jail policies Jude Coburn reviewed jail costs: 2014 2015 Percent change Booking Fee $95.94 $115.00 20% Daily Fee $66.63 $84-117 26-75% Budget $496,397 $660,350 33% Total Jail Cost $447,753 $478,111 6.77% Total Jail Days Imposed $6,919 $7,006 1.26% Criminal filings 1,031 907 -12% Edmonds City Council Draft Minutes March 1, 2016 Page 4 Packet Page 7 of 278 She commented on impacts to jail costs: • Revised video in -custody calendars — about 22 weeks in 2015. • Warrants issued — 1,564 (2014); 1,376 (2015) • Jail policies — refusal to book (recent heroin use); request to release high -needs inmates • Filings She explained by statute, '[t]he court shall not order a defendant to pay costs unless the defendant is or will be able to pay them.' RCW 10.01.160(3). To determine the amount and method for paying the costs, 'the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.' -- State v. Blazina, 182 Wn.2d 827, 838, 344 P.3d 680, 685 (2015) Judge Coburn displayed a comparison of total filings, criminal filings, civil filings and revenues 2010 — 2015, pointing out the number of filings are impacted by the number of police officers. She relayed Police Chief Compaan's expectation that the Street Crimes Unit will be operational by mid -year which will add a sergeant and two officers. Further, a motorcycle officer on injury leave will soon be back on duty. She reviewed expenditures: Item Appropriation 2015 Balance Percent Used Grand Total $883,826 $856,577 $26,719 97% Prof Services (Security)* 39,000 41,331 -2,331 106% Prof Services Interpreters** 25,000 33,779 -8,779 135% Miscellaneous 1 55,100 1 12,882 1 42,218 23% *Savings to the City from increased video in -custody calendar will not be reflected in Court budget because jail costs not under the court. **New probation officer who speaks fluent Spanish should reduce interpreter cost for probation meetings. Judge Coburn introduced the new Probation Officer Omar Gamez. She reviewed revenues: Item 2014 2015 Difference Percent Diff Percent Diff Gross total $1,078,460 $1,073,053 -$5,407 <.005% Net total $719,012 $677,038 -$41,974 .06% Beginning March 1, a $2 administrative fee will be assessed on debit/credit transactions: Revenue Change Number of Credit Admin. Fee Per Total Anticipated Card Transactions Transaction Admin Fee Collected 2015 5,697 $0 $0 Est. 2016 6,000 $2 $12,000 Judge Coburn commented on 2016 impacts: • Passport processing o Plan to document time it takes staff to process passports • Public defender standards • Increased police staffing o Expect filings to increase • Online payments o Quicker payments • Paperless court • New AV system in courtroom/council chambers o Permanently installed video in -custody equipment • New Court Administrator search Edmonds City Council Draft Minutes March 1, 2016 Page 5 Packet Page 8 of 278 o Will post position mid -year She commented on the separation of powers (executive, legislative, judicial) and expressed her appreciation for the Council's recognition of the importance of a separation to provide checks and balances and having an elected judge. Councilmember Nelson referred to the rising heroin epidemic and asked how people who are clearly violating the law and missing court but are not allowed to be booked into jail. Judge Coburn explained the City contracts with Snohomish County Jail and Lynnwood Municipal Jail. Defendants with both Lynnwood and Edmonds' matters are book in the Lynnwood Jail and when the Lynnwood matter is concluded they are transferred to Snohomish County. On occasion Lynnwood has transferred defendants with heroin or other drug or mental health issues to SCORE (South Correctional Entity) in south King County. Lynnwood has or is trying to establish video court; Edmonds does not have video court set up with SCORE so an Edmonds officer must transport the defendant to court. Court Administrator Joan Ferebee contacted the Lynnwood Jail and requested they not transfer defendants with a pending Edmonds matter to SCORE. Chief Compaan is discussing the possibility of Edmonds having video court with SCORE; she did not have details regarding the cost, frequency, etc. SCORE is set up for high need inmates. Another option for defendants with addictions is treating the addiction, the court providing a carrot and a bat; the carrot is the potential to negotiate a better deal if they stay in compliance. The bat when other methods do not work is jail. Many people need to hit bottom before they can climb up. Mr. Gomez will be attending a meeting at Lake Forest Park's municipal court to discuss the heroin problem and its impacts on courts, probation and law enforcement. She summarized there is no magic wand. Councilmember Tibbott referred to the comparison of criminal filings, observing there were 1,600 in 2010 and 900 in 2015. He asked what type of criminal filings are no longer occurring and what if any impact that has in the community. Judge Coburn referred to the case filings by year by the type of filing. She explained when Top Foods closed, thefts went down; when WINCO opened, thefts increased. When the State allowed liquor to be sold in grocery stores, theft of alcohol went up because it is easier to steal from a grocery store. She could not categorize a type of crime that is not being filed, she continues to see all types including assault, domestic violence, theft, driving while license suspended III; overall filings have decreased a little. There were 1,031 criminal filings in 2014 and 907 in 2015. Councilmember Tibbott asked if 2010 was a bad year. Judge Coburn answered she has been told one of the reason filings are down is due to lower law enforcement staffing. She has been told one of the benefits of the New World system is better tracking of officer time such as discretionary time, time writing reports, time with defendants, etc. which will assist the department with conducting their own analysis. Councilmember Fraley-Monillas said she serves on the Snohomish County Law and Justice Commission. Mental health is a big issue in the jail; 40% of all incarcerated individuals have some level of mental illness. She asked where defendants who cannot be booked into the Snohomish County Jail due to their mental health diagnosis go. Judge Coburn responded it is more defendants with heroin issues that the jail will not accept. The jail accepts defendants with mental health issues but charges more. One of the issues is people who are not competent; the court cannot proceed with a case until they are found to be competent or found to be non -restorable. That is not being addressed due to the backlog in Western State Hospital. The Edmonds prosecutor has been very reasonable with regard to addressing when an individual is caught in that circle such as looking at the underling crime, whether it was a crime of violence or theft. At some point if they are not going to be seen, a decision needs to be made whether to release them and arrange for out -of -custody evaluation, dismiss and request an evaluation by Snohomish County mental health professional to determine if they meet the requirement for a civil commitment, etc. She Edmonds City Council Draft Minutes March 1, 2016 Page 6 Packet Page 9 of 278 summarized the bar for competency is very low; a person can have a lot of mental health issues and be found competent. With regard to what else can be done, Judge Coburn explained the district court recently started a mental health court and there has been casual talk among the district court judge and municipal court judges about participating in that. The district's mental health court needs to be well established before proceeding with that discussion. One possibility is the municipalities in this area pooling resources so the mental health court is a traveling court and the experts come to each court. For the mental health court to work, it needs to be as local as possible; requiring a person with mental health issues to take bus to court decreases their ability to succeed. Councilmember Fraley-Monillas commented a high percentage of individuals with mental health issues are homeless. She asked about defendants in the Edmonds court that are homeless. Judge Coburn said a percentage of defendants are homeless; a lot of transient people come through Edmonds along the Highway 99 corridor and commit a crime in Edmonds although they do not live in Edmonds. The problem is getting people with no transportation or money for bus fare or family support system to return to Edmonds. She considers a defendant's ability to come to court but she cautioned it is not illegal to be homeless. If someone who is homeless that does not have a record of not appearing or a record of serious criminal offenses, being homeless cannot be the only reason they are not allowed to appear out of custody. She explains to defendants that she will have to set bail if they do not appear. She summarized Edmonds was not immune to a homeless population and not all homeless in Edmonds are transient; there are also homeless people living in Edmonds. Councilmember Buckshnis asked the difference between an infraction traffic and non -traffic. Judge Coburn explained infraction non -traffic is any infraction that is not traffic related such as dog off leash, barking dog, etc. In 2015 there were a lot of dogs -related infractions. Council President Johnson commented the Council learned from her presentation and looked forward to the new AV improvements for the court/council chambers. 6. ACTION ITEMS A. REPORT ON BIDS OPENED FEBRUARY 19, 2016 FOR THE SECONDARY CLARIFIER #3 STRUCTURAL REPAIR AND AWARD OF THE CONTRACT TO MCCLURE AND SONS, INC. ($661,380 INCLUDING SALES TAX) Public Works Director Phil Williams commented the upgrades to court/council chambers will be installed March 25 — 29. Staff worked with Judge Coburn to change the court calendar for two days to provide five days to complete the project. The first Council meeting in April will be in the revised space. Mr. Williams explained the secondary clarifier #3 has been slowing failing for quite some time despite repairs over the last 15 years. This project, complete replacement, was put out to bid and 7 bids were received that ranged from the lowest responsive bidder by McClure and Sons at $661,380 to over $1.1 million. The engineer's estimate was $845,000. The construction budget is $661,380 plus a $76,138 management reserve, and $60,048 for in-house project management for a total of $797,596. Councilmember Teitzel asked the average lifespan of a clarifier. Mr. Williams explained the treatment plant has 3 secondary clarifiers that have been in place for 25 years; 2 are fine. Something went wrong with this clarifier possibly during construction; it has been slowly cracking and spalling much worse than the other two. The other clarifiers are showing some signs of age, wastewater is very corrosive, and the products it off -gases can be hard on concrete. Failure typically takes decades. Edmonds City Council Draft Minutes March 1, 2016 Page 7 Packet Page 10 of 278 Councilmember Fraley-Monillas encouraged new Councilmembers to tour the treatment plant. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AWARD THE CONTRACT FOR THE SECONDARY CLARIFIER #3 STRUCTURAL REPAIR TO MCCLURE AND SONS, INC. IN THE AMOUNT OF $661,380 AND AUTHORIZE A MANAGEMENT RESERVE OF $76,138 FOR CHANGES AND UNFORESEEN CONDITIONS DURING CONSTRUCTION. MOTION CARRIED UNANIMOUSLY. 7. MAYOR'S COMMENTS Mayor Earling reported: • The Clam Chowder Cook -off on Saturday was a fabulous success. The Chamber organized the event, 8 restaurants participated and 700 people attended. • Edmonds-Woodway Girls Basketball Team is going to State finals this weekend. • PSRC analyzed and approved the City's Edmonds Comprehensive Plan. He distributed PRSC's notification. • He established the Mayor's Task Force on Pedestrian Safety and appointed the following members: Councilmember Mike Nelson, Public Works Director Phil Williams, City Engineer Rob English, Transportation Engineer Bertrand Hauss, Police Sergeant Karl Roth; and citizens Michael Reagan, Janice Freeman and Pam Stuller. The task force will consider conflicts between pedestrian and automobiles and seek positive results from a community discussion. • He appointed Mike Schindler and George Bennett to the new Economic Development Commission 8. COUNCIL COMMENTS Councilmember Buckshnis thanked everyone who has continued to contact her with comments regarding the Critical Areas Ordinance. She thanked City Attorney Jeff Taraday and Councilmember Fraley- Monillas for helping her develop an amendment. She thanked the 17 citizens who applied for the EDC; their resumes are great and reflect a breadth of knowledge. She will announce her appointment soon. Councilmember Nelson commented the upcoming Council retreat agenda includes discussion regarding homelessness. He relayed in January 2014, of the 966 people without permanent housing counted in Snohomish County, 200 were under 18, 68 were veterans, 188 had serious mental illnesses, and 122 were victims of domestic violence. He provided a quote from Mother Theresa, "We think sometimes that poverty is only being hungry, naked and homeless. The poverty of being unwanted, unloved and uncared for is the greatest poverty. We must start in our own homes to remedy this kind of poverty." He looked forward to working with the Mayor and Council at the retreat to begin remedying this kind of poverty in the City and the community. Councilmember Fraley-Monillas appreciated the Council's new found interest in looking at the homeless situation in Edmonds. For a long time she has felt like a single branch on a tree speaking out about the homeless that live in and around her neighborhood. She noted the homeless may not be counted but they are there. She reported on a mini -vacation she took to Disneyland with her family, returning today. Councilmember Teitzel was pleased to read in My Edmonds News about the new art institute that is purchasing the Mar-Vel Marble building site on 2nd and Main. Their plans include a mixed use building with commercial or art space on the first floor and possibly residential space above. Councilmember Mesaros thanked Councilmember Nelson for his well stated comments. He agreed with Councilmember Fraley-Monillas it was time the Council spent some time, energy and effort on finding solutions to homelessness. He recently returned from Arizona and while away, participated in Council Edmonds City Council Draft Minutes March 1, 2016 Page 8 Packet Page 11 of 278 meetings by phone and through video. He found it much easier to hear the meeting by watching the video but there is a 15 second delay which was the reason he voted 15 seconds late at one meeting. He anticipated the AV upgrades may improve that experience. Council President Johnson announced the Council retreat on Friday (9:00 a.m. to 5:00 p.m.) and Saturday (9:00 a.m. to 1:00 p.m.) in the Library Plaza room and offsite for part of the day. 9. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 8:19 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Nelson Fraley-Monillas, Buckshnis, Teitzel, Mesaros and Tibbott. Others present were City Attorney Jeff Taraday and City Clerk Scott Passey. At 8:35 p.m. Mayor Earling emerged from the Jury Meeting Room to announce that the executive session would be extended for five minutes. The executive session concluded at 8:40 p.m. 10. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the regular City Council meeting at 8:42 p.m. 11. ADJOURN With no further business, the Council meeting was adjourned at 8:42 p.m. Edmonds City Council Draft Minutes March 1, 2016 Page 9 Packet Page 12 of 278 AM-8392 City Council Meeting Meeting Date: 03/08/2016 Time• Consent Submitted For: Scott James Department: Finance Review Committee: Type: Action Information Submitted By: Committee Action: 3. B. Nori Jacobson Subject Title Approval of claim checks #218797 through #218870 dated March 3, 2016 for $296,571.43. Approval of payroll direct deposit and checks #62087 through #62095 for $496,996.00, benefit checks #62096 through #62103 and wire payments of $467,295.33 for the pay period February 16, 2016 through February 29, 2016. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Year• Revenue• Expenditure• Fiscal Impact: Claims $296,571.43 2016 1,260,862.76 Fiscal Impact Payroll Employee checks and direct deposit $496,996.00 Payroll Benefit checks and wire payments $467,295.33 Total Payroll $964,291.33 Attarhmontc Claim cks 03-03-16 Project numbers 03-03-16 Packet Page 13 of 278 Payroll Suminary 02-29-16 Payroll Benefit 02-29-16 Form Review Inbox Reviewed By Date Finance Sarah Mager 03/03/2016 09:16 AM City Clerk Scott Passey 03/03/2016 09:21 AM Mayor Dave Earling 03/03/2016 09:52 AM Finalize for Agenda Scott Passey 03/03/2016 10:17 AM Form Started By: Nori Jacobson Started On: 03/03/2016 08:45 AM Final Approval Date: 03/03/2016 Packet Page 14 of 278 vchlist 03/03/2016 8:03:25AM Voucher List City of Edmonds Page: 1 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218797 3/3/2016 072627 911 ETC INC 36305 MONTHLY 911 DATABASE MAINT Monthly 911 database maint 001.000.31.518.88.48.00 100.00 Total: 100.00 218798 3/3/2016 070322 A&A LANGUAGE SERVICES INC 15-34421 INTERPRETER FEE INTERPRETER FEE 001.000.39.512.52.41.00 169.44 15-36708 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 172.40 15-36729 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 199.40 15-37217 INTERPRETER FEE INTERPRETER FEE 001.000.39.512.52.41.00 208.04 15-37218 INTERPRETER FEE INTERPRETER FEE 001.000.39.512.52.41.00 161.32 15-37308 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 197.24 Total: 1,107.84 218799 3/3/2016 069798 A.M. LEONARD INC CI16016873 PM: PRUNER, CASE, LOPPER, CHC PM: PRUNER, CASE, LOPPER, CHC 001.000.64.576.80.31.00 650.21 CI16017039 RUBBER WHEEL CHOCK BLOCK RUBBER WHEEL CHOCK BLOCK 001.000.64.576.80.31.00 16.99 Total: 667.20 218800 3/3/2016 065052 AARD PEST CONTROL 363796 MEADOWDALE CC PEST CONTROI MEADOWDALE CC PEST CONTROI Page: 1 Packet Page 15 of 278 vchlist Voucher List Page: 2 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218800 3/3/2016 065052 AARD PEST CONTROL (Continued) 001.000.64.576.80.41.00 82.12 Total: 82.12 218801 3/3/2016 065568 ALLWATER INC 021916036 WWTP - DRINKING WATER SERVIC water services (plus rental/supplies 423.000.76.535.80.31.00 10.90 Total: 10.90 218802 3/3/2016 069751 ARAMARK UNIFORM SERVICES 1988473490 WWTP- UNIFORMS, MATS AND TO\ uniforms 423.000.76.535.80.24.00 3.04 mats and towels 423.000.76.535.80.41.11 81.04 9.5% Sales Tax 423.000.76.535.80.24.00 0.29 9.5% Sales Tax 423.000.76.535.80.41.11 7.70 1988473491 PARKS MAINT UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 177.48 1988473492 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 18.12 9.5% Sales Tax 001.000.66.518.30.24.00 1.72 1988477550 PUBLIC WORKS OMC LOBBY MATE PUBLIC WORKS OMC LOBBY MATE 001.000.65.518.20.41.00 1.33 PUBLIC WORKS OMC LOBBY MAT: 111.000.68.542.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MAT: 421.000.74.534.80.41.00 5.06 PUBLIC WORKS OMC LOBBY MAT: 422.000.72.531.90.41.00 5.06 PUBLIC WORKS OMC LOBBY MATE Page: 2 Packet Page 16 of 278 vchlist Voucher List Page: 3 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218802 3/3/2016 069751 ARAMARK UNIFORM SERVICES (Continued) 423.000.75.535.80.41.00 5.06 PUBLIC WORKS OMC LOBBY MAT: 511.000.77.548.68.41.00 5.05 9.5% Sales Tax 001.000.65.518.20.41.00 0.13 9.5% Sales Tax 111.000.68.542.90.41.00 0.48 9.5% Sales Tax 421.000.74.534.80.41.00 0.48 9.5% Sales Tax 422.000.72.531.90.41.00 0.48 9.5% Sales Tax 423.000.75.535.80.41.00 0.48 9.5% Sales Tax 511.000.77.548.68.41.00 0.48 1988477551 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 5.28 FLEET DIVISION MATS 511.000.77.548.68.41.00 11.96 9.5% Sales Tax 511.000.77.548.68.24.00 0.50 9.5% Sales Tax 511.000.77.548.68.41.00 1.14 Tota I : 337.42 218803 3/3/2016 071124 ASSOCIATED PETROLEUM 0870801-IN WWTP - DIESEL FUEL ulsd #2 dyed - bulk 423.000.76.535.80.32.00 1,702.81 9.5% Sales Tax 423.000.76.535.80.32.00 161.77 Total: 1,864.58 218804 3/3/2016 061659 BAILEY'S TRADITIONAL TAEKWON 20674 TAEKWON-DO 20674 TAEKWON-DO INSTRUCTIOl' 20674 TAEKWON-DO INSTRUCTIOl' Page: 3 Packet Page 17 of 278 vchlist Voucher List Page: 4 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218804 3/3/2016 061659 BAILEY'S TRADITIONAL TAEKWON (Continued) 001.000.64.571.22.41.00 175.00 20678 TAEKWON-DO 20678 TAEKWON-DO INSTRUCTIOl' 20678 TAEKWON-DO INSTRUCTIOl' 001.000.64.571.22.41.00 189.00 Total: 364.00 218805 3/3/2016 071348 BERGERABAM 313916 E4MB.SERVICES THRU 2/12/16 E4MB.Services thru 2/12/16 016.000.66.518.30.41.00 3,187.42 Total: 3,187.42 218806 3/3/2016 067391 BRAT WEAR 18036 INV#18036 - EDMONDS PD - GRIME S/S CONTEMPORARY SHIRT 001.000.41.521.22.24.00 82.00 EMBROIDER NAME ON SHIRT 001.000.41.521.22.24.00 8.00 9.5% Sales Tax 001.000.41.521.22.24.00 8.55 18119 INV#18119 - EDMONDS PD - GRIME US TRADITIONAL SHIRT 001.000.41.521.22.24.00 64.00 EMBROIDER NAME ON SHIRT 001.000.41.521.22.24.00 8.00 9.5% Sales Tax 001.000.41.521.22.24.00 6.84 Total: 177.39 218807 3/3/2016 073029 CANON FINANCIAL SERVICES 15796601 COPIER RENTAL FEE COPIER RENTAL FEE 001.000.23.523.30.45.00 65.17 15812490 WWTP - COPIER RENTAL monthly copier rental 423.000.76.535.80.45.41 85.80 15813818 CANON LEASE CHARGES Lease charges for C1030 & C5051 Page: 4 Packet Page 18 of 278 vchlist Voucher List Page: 5 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218807 3/3/2016 073029 CANON FINANCIAL SERVICES (Continued) 001.000.61.557.20.45.00 92.68 Lease charges for C1030 & C5051 001.000.22.518.10.45.00 92.68 Lease charges for C1030 & C5051 001.000.21.513.10.45.00 92.62 9.5% Sales Tax 001.000.61.557.20.45.00 8.81 9.5% Sales Tax 001.000.22.518.10.45.00 8.81 9.5% Sales Tax 001.000.21.513.10.45.00 8.79 Total: 455.36 218808 3/3/2016 073617 CLIFTON, AMBER 22616 TRAVEL REFUND FOR TRAINING F, TRAVEL REFUND FOR TRAINING F, 001.000.23.512.50.43.00 98.11 Total: 98.11 218809 3/3/2016 064369 CODE PUBLISHING CO 52216 CITY CODE SUPPLEMENT UPDATE EDMONDS CITY CODE SUPPLEMEI 001.000.25.514.30.41.00 343.00 EDMONDS CDC SUPPLEMENT LIFE 001.000.25.514.30.41.00 465.50 9.5% Sales Tax 001.000.25.514.30.41.00 76.81 Total: 885.31 218810 3/3/2016 073135 COGENT COMMUNICATIONS INC MAR-16 C/A CITYOFED00001 Mar-16 Fiber Optics Internet Connect 001.000.31.518.87.42.00 406.10 Tota I : 406.10 218811 3/3/2016 075042 COVERALL OF WASHINGTON 7100163139 WWTP - FEBRUARY JANITORIAL SI February 1-29, 2016 423.000.76.535.80.41.23 514.00 Page: 5 Packet Page 19 of 278 vchlist Voucher List Page: 6 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218811 3/3/2016 075042 075042 COVERALL OF WASHINGTON (Continued) Total: 514.00 218812 3/3/2016 070864 DEX MEDIA 610025957316 C/A 730211600 02/2016 Web Hosting for Internet 001.000.31.518.88.42.00 34.95 610025957412 C/A 730211599 Basic e-commerce hosting 02/02/16 - 001.000.31.518.88.42.00 34.95 Total: 69.90 218813 3/3/2016 064531 DINES, JEANNIE 16-3638 CITY COUNCIL MINUTES 02/16/16 8 02/16/16 & 02/23/16 CITY COUNCIL 001.000.25.514.30.41.00 448.80 Total: 448.80 218814 3/3/2016 008550 EDMONDS SCHOOL DISTRICT #15 E1CA.ESD ROW E1CA.PUD EASEMENTS E1CA.PUD Easements 112.000.68.595.20.61.00 16,000.00 Total: 16,000.00 218815 3/3/2016 008705 EDMONDS WATER DIVISION 2-25150 WEST PLANTER IRRIGATION 870 C WEST PLANTER IRRIGATION 870 C 001.000.64.576.80.47.00 41.17 2-25175 EAST PLANTER IRRIGATION 875 Ci EAST PLANTER IRRIGATION 875 Ci 001.000.64.576.80.47.00 41.17 2-26950 LIFT STATION #3 729 NORTHSTRE/ LIFT STATION #3 729 NORTHSTRE/ 423.000.75.535.80.47.10 83.80 2-28275 PLANTER IRRIGATION 1400 9TH AV PLANTER IRRIGATION 1400 9TH AV 001.000.64.576.80.47.00 41.17 2-29118 LIFT STATION #2 702 MELODY LN / LIFT STATION #2 702 MELODY LN / 423.000.75.535.80.47.10 44.71 2-37180 SAM STAMM OVERLOOK / METER £ Page: 6 Packet Page 20 of 278 vchlist Voucher List Page: 7 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218815 3/3/2016 008705 EDMONDS WATER DIVISION (Continued) SAM STAMM OVERLOOK / METER £ 001.000.64.576.80.47.00 55.65 7-05276 CEMETERY SEWER & STORM 820 CEMETERY SEWER & STORM 820 130.000.64.536.50.47.00 150.15 Total: 457.82 218816 3/3/2016 008812 ELECTRONIC BUSINESS MACHINES AR32002 COPIER MAINT COPIER MAINT 001.000.23.523.30.48.00 107.88 AR32474 P&R COPIER C5051 #A7027 P&R COPIER C5051 #A7027 001.000.64.571.21.45.00 132.50 Total: 240.38 218817 3/3/2016 009350 EVERETT DAILY HERALD EDH684172 CITY ORDINANCE 4020 CITY ORDINANCE 4020 001.000.25.514.30.41.40 27.52 Tota I : 27.52 218818 3/3/2016 011900 FRONTIER 253-007-4989 SEAVIEW RESERVOIR TELEMETRl SEAVIEW RESERVOIR TELEMETR) 421.000.74.534.80.42.00 30.87 253-012-9166 TELEMETRY CIRCUIT LINES TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 161.33 TELEMETRY CIRCUIT LINES 423.000.75.535.80.42.00 299.62 253-014-8062 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 19.71 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 36.59 253-017-4360 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE Page: 7 Packet Page 21 of 278 vchlist Voucher List Page: 8 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218818 3/3/2016 011900 FRONTIER (Continued) 421.000.74.534.80.42.00 46.64 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 86.62 425-712-8347 CIVIC CENTER ELEVATOR PHONE CIVIC CENTER ELEVATOR PHONE 001.000.66.518.30.42.00 66.88 425-771-0158 FIRE STATION #16 ALARM AND FA} FIRE STATION #16 ALARM AND FA} 001.000.66.518.30.42.00 131.02 425-776-3896 FRANCES ANDERSON CENTER ALA FRANCESANDERSON CENTER FIF 001.000.66.518.30.42.00 129.82 425-776-6829 CITY HALL ALARM LINES 121 5TH P CITY HALL FIRE AND INTRUSION AI 001.000.66.518.30.42.00 131.02 509-022-0049 LIFT STATION #2 VG SPECIAL ACCI LIFT STATION #2 VG SPECIAL ACCI 423.000.75.535.80.42.00 26.21 Total: 1,166.33 218819 3/3/2016 002500 GALLS LLC DBA BLUMENTHAL 004908253 INV#004908253 - EDMONDS PD - IN BASEBALL HATS W/ VELCRO TAB 001.000.41.521.22.31.00 55.80 EMBROIDER "EDMONDS POLICE" 001.000.41.521.22.31.00 40.00 9.5% Sales Tax 001.000.41.521.22.31.00 9.10 Total: 104.90 218820 3/3/2016 073922 GAVIOLA, NIKKA 20688 TAEKWON-DO 20688 TAEKWON-DO INSTRUCTI01' 20688 TAEKWON-DO INSTRUCTI01' 001.000.64.571.27.41.00 300.00 Total: 300.00 218821 3/3/2016 072515 GOOGLE INC 3359893047 BILLING ID# 5030-2931-5908 Page: 8 Packet Page 22 of 278 vchlist Voucher List Page: 9 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218821 3/3/2016 072515 GOOGLE INC (Continued) Google Apps - Feb-2016 001.000.31.518.88.48.00 31.00 Total: 31.00 218822 3/3/2016 012555 H & L SPORTING GOODS 812172 SOFTBALLS FOR 2016 ADULT SOF' SOFTBALLS FOR 2016 ADULT SOF' 001.000.64.571.25.31.00 2,832.90 9.5% Sales Tax 001.000.64.571.25.31.00 269.13 Total: 3,102.03 218823 3/3/2016 074804 HARLES, JANINE 197337 PHOTOGRAPHY FOR FEBRUARY 2 Photography February 2016 001.000.61.558.70.41.00 200.00 Total: 200.00 218824 3/3/2016 013007 HASNER, EZRA J 24 LEOFF 1 CLAIM REIMBURSEMENT LEOFF 1 Claim Reimbursement 009.000.39.517.20.23.00 2,005.67 Total: 2,005.67 218825 3/3/2016 071368 HEFFERAN, BRIGITTE 20691 CALLIGRAPHY 20691 CALLIGRAPHY INSTRUCTIOI 20691 CALLIGRAPHY INSTRUCTIOI 001.000.64.571.22.41.00 331.10 Total: 331.10 218826 3/3/2016 074746 HIGUCHI, ROD 20670 UKULELE 20670 UKULELE INSTRUCTION 20670 UKULELE INSTRUCTION 001.000.64.571.22.41.00 341.00 Total: 341.00 218827 3/3/2016 075119 HOPE, SHANE Feb16 SHANES MEETING MILEAGE-FEB SHANES MEETING MILEAGE-FEB 001.000.62.524.10.43.00 19.55 Total: 19.55 Page: 9 Packet Page 23 of 278 vchlist 03/03/2016 8:03:25AM Voucher List City of Edmonds Page: 10 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218828 3/3/2016 060165 HWA GEOSCIENCES INC 26446 WWTP - C465 CLARIFIER PROJEC- geotechnical design services for 423.100.76.594.39.41.10 2,535.00 26453 E4JB.SERVICES THRU 2/21/16 E4JB.Services thru 2/21/16 421.200.74.594.34.41.00 2,453.70 Total: 4,988.70 218829 3/3/2016 073548 INDOFF INCORPORATED 2753936 CITY CLERKS OFFICE SUPPLIES FOIL BORDER CERTIFICATE HOLDI 001.000.25.514.30.31.00 102.93 9.5% Sales Tax 001.000.25.514.30.31.00 9.78 2761432 OFFICE SUPPLIES Office supplies- Copy paper 001.000.62.524.10.31.00 124.80 2762117 AVERY PRINT ON DIVIDERS Avery customizable print on dividers - 001.000.31.514.23.31.00 52.20 9.5% Sales Tax 001.000.31.514.23.31.00 4.96 2762150 OFFICE SUPPLIES Office Supplies 001.000.22.518.10.31.00 71.07 9.5% Sales Tax 001.000.22.518.10.31.00 6.75 2762850 SWINGLINE HD STAPLER, POST IT Swingline Heavy Duty Stapler, Post -it 001.000.31.514.23.31.00 140.13 9.5% Sales Tax 001.000.31.514.23.31.00 13.31 Total: 525.93 218830 3/3/2016 063419 INTOXIMETERS INC 523660 MOUTHPIECE FOR PROTABLE BRE MOUTHPIECE FOR PROTABLE BRE 001.000.23.523.30.31.00 79.78 Page: 10 Packet Page 24 of 278 vchlist Voucher List Page: 11 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218830 3/3/2016 063419 063419 INTOXIMETERS INC (Continued) Total: 79.78 218831 3/3/2016 015270 JCI JONES CHEMICALS INC 681292 WWTP - SUPPLIES, HYPOCHLORI7 hypochlorite, 4651.0000 gallons 423.000.76.535.80.31.53 3,844.05 Total: 3,844.05 218832 3/3/2016 075356 JENNIFER ZIEGLER PUBLIC 008 STATE LOBBYIST FOR FEBRUARY: State lobbyist February 2016 001.000.61.557.20.41.00 3,358.00 Total: 3,358.00 218833 3/3/2016 074240 KNIGHT, KAREN 20654 FUN FACTORY 20654 FUN FACTORY INSTRUCTIOI 20654 FUN FACTORY INSTRUCTIOI 001.000.64.571.22.41.00 621.00 20656 FUN FACTORY 20656 FUN FACTORY INSTRUCTIOI 20656 FUN FACTORY INSTRUCTIOI 001.000.64.571.22.41.00 689.14 Total: 1,310.14 218834 3/3/2016 074263 LYNNWOOD WINSUPPLY CO 011362-01 CITY PARK: ADJ ROTOR, NIPPLE CITY PARK: ADJ ROTOR, NIPPLE 132.000.64.594.76.65.00 17.50 9.5% Sales Tax 132.000.64.594.76.65.00 1.66 011362-02 CITY PARK: ADJ ROTOR, WIRE, BO CITY PARK: ADJ ROTOR, WIRE, BO 132.000.64.594.76.65.00 1,329.72 9.5% Sales Tax 132.000.64.594.76.65.00 126.32 011430-00 PM: SOIL STAPLE, 17 MM TEE, ELB PM: SOIL STAPLE, 17 MM TEE, ELB 001.000.64.576.80.31.00 44.61 9.5% Sales Tax 001.000.64.576.80.31.00 4.24 Total: 1,524.05 Page: 11 Packet Page 25 of 278 vchlist Voucher List Page: 12 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218835 3/3/2016 075425 MCARTHUR, AMELIA 2/2-2/23 GYM ATTEND 2/2-2/23/16 VOLLEYBALL GYM ATTE 2/2-2/23/16 VOLLEYBALL GYM ATTE 001.000.64.571.25.41.00 120.00 2/4-2/25 GYM ATTEND 2/4-2/25/16 VOLLEYBALL GYM ATTE 2/4-2/25/16 VOLLEYBALL GYM ATTE 001.000.64.571.25.41.00 120.00 Total: 240.00 218836 3/3/2016 020039 MCMASTER-CARR SUPPLY CO 50144362 WWTP - MAINTENANCE SUPPLIES (6) Long -life Smooth -cut band saw 423.000.76.535.80.31.21 271.02 Freight 423.000.76.535.80.31.21 15.94 50237172 WWTP - SUPPLIES, MECHANICAL 3M VHB Foam Tape for Hard -to -Bond 423.000.76.535.80.31.21 27.39 Freight 423.000.76.535.80.31.21 6.18 50268258 WWTP - SUPPLIES, MECHANICAL Skin -Guard INstant-Bonding Adhesiv( 423.000.76.535.80.31.21 2.47 Freight 423.000.76.535.80.31.21 6.18 Total: 329.18 218837 3/3/2016 075143 MEDVEDEV, ANDREI 11671 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 105.20 Total: 105.20 218838 3/3/2016 072223 MILLER, DOUG 2/3-2/24 GYM ATTEND 2/3-2/24/16 BASKETBALL GYM ATTE 2/3-2/24/16 BASKETBALL GYM ATTE 001.000.64.571.25.41.00 100.00 Total: 100.00 218839 3/3/2016 072746 MURRAY SMITH & ASSOCIATES 15-1662-10 E4JC.SERVICES THRU 1/31/16 Page: 12 Packet Page 26 of 278 vchlist Voucher List Page: 13 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218839 3/3/2016 072746 MURRAY SMITH & ASSOCIATES (Continued) E4JC.Services thru 1/31/16 421.200.74.594.34.41.00 2,756.00 15-1695-7 ESJA.SERVICES THRU 1/31/16 ESJA.Services thru 1/31/16 421.200.74.594.34.41.00 16,352.50 Total: 19,108.50 218840 3/3/2016 067834 NATIONAL CONSTRUCTION RENTALS 4371031 YOST PARK PLAY TOY FENCING YOST PARK PLAY TOY FENCING 001.000.64.576.80.45.00 808.90 Total: 808.90 218841 3/3/2016 061013 NORTHWEST CASCADE INC 2-1553024 HAINES WHARF PARK HONEY BUC HAINES WHARF PARK HONEY BUC 001.000.64.576.80.45.00 218.78 2-1554976 WILLOW CREEK FISH HATCHERY I WILLOW CREEK FISH HATCHERY 1 001.000.64.576.80.45.00 113.85 2-1559624 YOST PARK HONEY BUCKET YOST PARK HONEY BUCKET 001.000.64.576.80.45.00 309.21 2-1561150 HICKMAN PARK HONEY BUCKET HICKMAN PARK HONEY BUCKET 001.000.64.576.80.45.00 587.62 Total: 1,229.46 218842 3/3/2016 075542 NORTHWEST LANDSCAPE SUPPLY 823 PM: MULCH PM: MULCH 001.000.64.576.80.31.00 690.00 9.5% Sales Tax 001.000.64.576.80.31.00 65.55 Total: 755.55 218843 3/3/2016 063511 OFFICE MAX INC 278781 ERGONOMIC SIT/STAND DESK Ergonomic Sit/Stand Desk Page: 13 Packet Page 27 of 278 vchlist Voucher List Page: 14 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218843 3/3/2016 063511 OFFICE MAX INC (Continued) 001.000.64.571.21.35.00 186.99 9.5% Sales Tax 001.000.64.571.21.35.00 17.76 285856 P&R: PAPER, TISSUE, THERMAL R( P&R: PAPER, TISSUE, THERMAL R( 001.000.64.571.21.31.00 118.66 9.5% Sales Tax 001.000.64.571.21.31.00 11.27 339747 P&R: LABEL TAPE, CLEANING SUPI P&R: LABEL TAPE, CLEANING SUPI 001.000.64.571.21.31.00 24.15 ARTS: BOARDS, BLACK 117.100.64.573.20.31.00 16.85 9.5% Sales Tax 001.000.64.571.21.31.00 2.30 9.5% Sales Tax 117.100.64.573.20.31.00 1.60 Total: 379.58 218844 3/3/2016 068282 OLYMPIC FLY FISHERS 20881 FLY TYING 20881 FLY TYING INSTRUCTION 20881 FLY TYING INSTRUCTION 001.000.64.571.22.41.00 270.00 Total: 270.00 218845 3/3/2016 075065 PASSEY, SCOTT FEB2016 EXPENSE REIMBURSEMENT SCCF SNOHOMISH COUNTY CLERKS & F 001.000.25.514.30.49.00 76.48 Total: 76.48 218846 3/3/2016 073070 PERRINE, JULIE 20750 CLAY EXPLORATI 20750 CLAY EXPLORATION INSTRL 20750 CLAY EXPLORATION INSTRL 001.000.64.571.22.41.00 330.00 Total: 330.00 218847 3/3/2016 075183 PETERSON FRUIT CO 350425 WELLNESS COMMITTEE SPONSOF Page: 14 Packet Page 28 of 278 vchlist 03/03/2016 8:03:25AM Voucher List City of Edmonds Page: 15 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218847 3/3/2016 075183 PETERSON FRUIT CO (Continued) Wellness Committee Sponsored Fruit 001.000.22.518.10.49.00 96.90 Total: 96.90 218848 3/3/2016 072384 PLAY-WELLTEKNOLOGIES 20882 LEGO WORKSHOP 20882 LEGO WORKSHOP INSTRUC 20882 LEGO WORKSHOP INSTRUC 001.000.64.571.22.41.00 400.00 Total: 400.00 218849 3/3/2016 069903 PNWD - IAI MOORE-JUNE 2016 JUNE CONFERENCE REG - MOORE CONFERENCE REGISTRATION - M( 001.000.41.521.40.49.00 300.00 Total: 300.00 218850 3/3/2016 046900 PUGET SOUND ENERGY 200000704821 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 1,755.05 200002411383 YOST PARK/POOL 9535 BOWDOIN YOST PARK/POOL 9535 BOWDOIN 001.000.64.576.80.47.00 151.92 200007876143 OLD PUBLIC WORKS 200 DAYTON OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 360.62 200009595790 FIRE STATION # 16 8429 196TH ST FIRE STATION # 16 8429 196TH ST 001.000.66.518.30.47.00 602.97 200011439656 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 312.82 200016558856 CIVIC CENTER 250 5TH AVE N / ME CIVIC CENTER 250 5TH AVE N / ME 001.000.66.518.30.47.00 216.42 200016815843 FIRE STATION #17 275 6TH AVE N / FIRE STATION #17 275 6TH AVE N / 001.000.66.518.30.47.00 866.95 Page: 15 Packet Page 29 of 278 vchlist Voucher List Page: 16 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218850 3/3/2016 046900 PUGET SOUND ENERGY (Continued) 200017676343 FLEET MAINTENANCE BAY 21105 7 FLEET MAINTENANCE BAY 21105 7 511.000.77.548.68.47.00 319.80 200019375639 MEADOWDALE CLUBHOUSE 6801 1 MEADOWDALE CLUBHOUSE 6801 1 001.000.66.518.30.47.00 157.18 200019895354 SNO-ISLE LIBRARY 650 MAIN ST / � SNO-ISLE LIBRARY 650 MAIN ST / � 001.000.66.518.30.47.00 385.00 200020415911 PUBLIC WORKS OMC 7110 210TH ; PUBLIC WORKS OMC 7110 210TH 001.000.65.518.20.47.00 24.55 PUBLIC WORKS OMC 7110 210TH 111.000.68.542.90.47.00 93.27 PUBLIC WORKS OMC 7110 210TH 421.000.74.534.80.47.00 93.27 PUBLIC WORKS OMC 7110 210TH 423.000.75.535.80.47.10 93.27 PUBLIC WORKS OMC 7110 210TH 511.000.77.548.68.47.00 93.27 PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 93.27 200024711901 CITY PARK BUILDING 600 3RD AVE CITY PARK BUILDING 600 3RD AVE 001.000.66.518.30.47.00 198.40 Total: 5,818.03 218851 3/3/2016 074359 REQUA, BRENDAN 2/6 DJ DADDY DAUGHTE 2/6/16 DJ AT DADDY DAUGHTER D/ 2/6/16 DJ AT DADDY DAUGHTER D/ 001.000.64.571.22.41.00 150.00 Total: 150.00 218852 3/3/2016 069062 RONGERUDE, JOHN 8316 PUBLIC DEFENDER PUBLIC DEFENDER 001.000.39.512.52.41.00 300.00 Page: 16 Packet Page 30 of 278 vchlist Voucher List Page: 17 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218852 3/3/2016 069062 069062 RONGERUDE, JOHN (Continued) Total: 300.00 218853 3/3/2016 067802 SAN DIEGO POLICE EQUIP CO 621558 INV#621558 CUST#1733 - EDMOND SPEER FORCE .556 CARTRIDGE 628.000.41.521.23.31.00 578.00 SIM BLANKS 628.000.41.521.23.31.00 694.00 9.5% Sales Tax 628.000.41.521.23.31.00 120.84 Total: 1,392.84 218854 3/3/2016 065001 SCHIRMAN, RON 23 LEOFF1 CLAIM REIMBURSEMENT LEOFF1 Claim Reimbursement 009.000.39.517.20.23.00 300.00 Total: 300.00 218855 3/3/2016 036850 SMITH, SHERLUND D 25 LEOFF 1 CLAIM REIMBURSEMENT LEOFF 1 Claim Reimbursement 009.000.39.517.20.23.00 311.60 Total: 311.60 218856 3/3/2016 037375 SNO CO PUD NO 1 2002-0254-7 PEDEST CAUTION LIGHT 21930 95- PEDEST CAUTION LIGHT 21930 95- 111.000.68.542.64.47.00 19.66 2003-4823-3 TRAFFIC LIGHT 22000 84TH AVE W TRAFFIC LIGHT 22000 84TH AVE W 111.000.68.542.64.47.00 50.87 2003-8645-6 CLUBHOUSE 6801 MEADOWDALE CLUBHOUSE 6801 MEADOWDALE 001.000.66.518.30.47.00 71.39 2004-9314-6 MAPLEWOOD PARK IRRIGATION M MAPLEWOOD PARK IRRIGATION M 001.000.64.576.80.47.00 19.10 2005-9295-4 TRAFFIC LIGHT 101 9TH AVE S / ME TRAFFIC LIGHT 101 9TH AVE S / ME 111.000.68.542.64.47.00 16.29 Page: 17 Packet Page 31 of 278 vchlist Voucher List Page: 18 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218856 3/3/2016 037375 SNO CO PUD NO 1 (Continued) 2008-6520-2 LIFT STATION #3 1529 NORTHSTRE LIFT STATION #3 1529 NORTHSTRE 423.000.75.535.80.47.10 125.49 2012-6598-0 LIFT STATION #12 16121 75TH PL � LIFT STATION #12 16121 75TH PL � 423.000.75.535.80.47.10 207.18 2013-2711-1 PINE ST PARK PINE ST PARK 001.000.64.576.80.47.00 15.73 2013-7496-4 LIFT STATION #11 6811 1/2 157TH P LIFT STATION #11 6811 1/2 157TH P 423.000.75.535.80.47.10 21.51 2015-8215-2 TRAFFIC LIGHT 19600 80TH AVE W TRAFFIC LIGHT 19600 80TH AVE W 111.000.68.542.63.47.00 25.79 2015-9448-8 LIFT STATION #15 7710 168TH PL S LIFT STATION #15 7710 168TH PL S 423.000.75.535.80.47.10 20.39 2016-1195-1 TRAFFIC LIGHT 20801 76TH AVE W TRAFFIC LIGHT 20801 76TH AVE W 111.000.68.542.63.47.00 36.05 2016-5690-7 DECORATIVE LIGHTING 413 MAIN,' DECORATIVE LIGHTING 413 MAIN,' 111.000.68.542.63.47.00 84.12 2017-5147-6 TRAFFIC LIGHT 9932 220TH ST SW TRAFFIC LIGHT 9932 220TH ST SW 111.000.68.542.64.47.00 38.17 2017-6210-1 415 5TH AVE S 415 5TH AVE S 001.000.64.576.80.47.00 21.39 2017-8264-6 TRAFFIC LIGHT 901 WALNUT ST / � TRAFFIC LIGHT 901 WALNUT ST / � 111.000.68.542.64.47.00 16.29 2019-0786-2 TRAFFIC LIGHT 7133 212TH ST SW TRAFFIC LIGHT 7133 212TH ST SW Page: 18 Packet Page 32 of 278 vchlist Voucher List Page: 19 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218856 3/3/2016 037375 SNO CO PUD NO 1 (Continued) 111.000.68.542.63.47.00 33.92 2020-8787-0 LIFT STATION #6 100 PINE ST / ME] LIFT STATION #6 100 PINE ST / MEl 423.000.75.535.80.47.10 138.80 2022-8912-0 TRAFFIC LIGHT 23801 HWY 99 / ME TRAFFIC LIGHT 23801 HWY 99 / ME 111.000.68.542.64.47.00 63.22 2023-8937-5 STREET LIGHT 7601 RIDGE WAY / I STREET LIGHT 7601 RIDGE WAY / I 111.000.68.542.63.47.00 8.30 2024-2158-2 LOG CABIN & DECORATIVE LIGHTI LOG CABIN & DECORATIVE LIGHTI 001.000.66.518.30.47.00 121.91 2026-2041-5 MATHAY BALLINGER PARK IRRIGA MATHAY BALLINGER PARK IRRIGA 001.000.64.576.80.47.00 18.54 2028-0763-2 TRAFFIC LIGHT 8429 196TH ST SW TRAFFIC LIGHT 8429 196TH ST SW 001.000.66.518.30.47.00 18.62 2030-9778-7 WWTP 200 2ND AVE S/METER 100( WWTP 200 2ND AVE S/METER 100( 423.000.76.535.80.47.61 32,653.61 2042-9221-3 CHARGE STATION #1 552 MAIN ST CHARGE STATION #1 552 MAIN ST 111.000.68.542.64.47.00 65.32 2044-6743-5 HAZEL MILLER PLAZA HAZEL MILLER PLAZA 001.000.64.576.80.47.00 43.26 Total: 33,954.92 218857 3/3/2016 063941 SNO CO SHERIFFS OFFICE 2016-3019 INV#2016-3019 - EDMONDS PD - JA 399.17 HOUSING DAYS @ $89.38 001.000.39.523.60.51.00 35,677.82 29.17 BOOKINGS @ $116.14 001.000.39.523.60.51.00 3,387.80 Page: 19 Packet Page 33 of 278 vchlist Voucher List Page: 20 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218857 3/3/2016 063941 SNO CO SHERIFFS OFFICE (Continued) 32 MED/PREM @ $52.01 001.000.39.523.60.51.00 1,664.32 72.83 MENTAL HEALTH @ $124.72 001.000.39.523.60.51.00 9,083.36 13 VIDEO COURT @ $115.50 001.000.39.523.60.51.00 1,501.50 2016-3019 CREDIT #2016-3019 SNO CO JAIL - 3.67 HOUSING $84 - ENRICH 11/15 001.000.39.523.60.51.00 -308.28 S .33 BOOKINGS @ $115-ENRICH 11/ 001.000.39.523.60.51.00 -37.95 Total: 50,968.57 218858 3/3/2016 063941 SNO CO SHERIFFS OFFICE 1000405560 INV#1000405560 CUST#SSH00095-1 SCSO RANGE USAGE 10 HRS 2/3/1 001.000.41.521.40.41.00 580.00 Total: 580.00 218859 3/3/2016 040250 STEUBER DISTRIBUTING 2814076 FLOWER PROGRAM: PRO MIX FLOWER PROGRAM: PRO MIX 001.000.64.576.81.31.00 480.00 8.8% Sales Tax 001.000.64.576.81.31.00 42.24 Total: 522.24 218860 3/3/2016 074797 SUPER CHARGE MARKETING LLC 2186 SOCIAL MEDIA SERVICES FEBRUA Social media services February 2016 001.000.61.557.20.41.00 300.00 Total: 300.00 218861 3/3/2016 075491 TAYLOR'S EXCAVATORS INC E3DB.Pmt 5 E3DB.PMT 5 THRU 1/31/15 E3DB.Pmt 5 thru 1/31/15 112.000.68.595.33.65.00 92,466.63 E3DB.Ret 5 112.200.223.400 -4,623.33 Page: 20 Packet Page 34 of 278 vchlist Voucher List Page: 21 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218861 3/3/2016 075491 075491 TAYLOR'S EXCAVATORS INC (Continued) Total: 87,843.30 218862 3/3/2016 071666 TETRATECH INC 51018345 E4GC.SERVICES THRU 1/22/16 E4GC.Services thru 1/22/16 423.200.75.594.35.41.00 5,164.16 Total : 5,164.16 218863 3/3/2016 075548 THEMED CONCEPTS LLC 16-037-1 PAYMENT #1 35% WISH BONE LOG, CANOE BOAT 125.000.64.576.80.31.00 2,683.80 Total : 2,683.80 218864 3/3/2016 074669 TIGER DIRECT INC S94903200101 WWTP - SUPPLIES, COMPUTER (5) S-150 2PC USB digital speakers 423.000.76.535.80.31.42 59.95 Freight 423.000.76.535.80.31.42 31.28 9.5% Sales Tax 423.000.76.535.80.31.42 8.67 Total: 99.90 218865 3/3/2016 067865 VERIZON WIRELESS 9760931118 C/A571242650-0001 iPhone/iPad Cell Service Bld Dept 001.000.62.524.20.42.00 338.93 iPhone/iPad Cell Service City Clerk 001.000.25.514.30.42.00 55.87 iPhone/iPad Cell Service Econ 001.000.61.557.20.42.00 75.69 iPad Cell Service Council 001.000.11.511.60.42.00 300.10 iPhone/iPad Cell Service Court 001.000.23.512.50.42.00 75.86 iPhone/iPad Cell Service Developmei 001.000.62.524.10.42.00 95.68 iPhone/iPad Cell Service Engineering 001.000.67.518.21.42.00 736.37 Page: 21 Packet Page 35 of 278 vchlist Voucher List Page: 22 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor 218865 3/3/2016 067865 VERIZON WIRELESS Invoice PO # Description/Account Amount (Continued) iPhone/iPad Cell Service Facilities 001.000.66.518.30.42.00 91.52 iPhone/iPad Cell Service Finance 001.000.31.514.23.42.00 135.69 iPhone/iPad Cell Service HR 001.000.22.518.10.42.00 95.68 iPhone/iPad Cell Service IS 001.000.31.518.88.35.00 602.24 iPhone/iPad Cell Service IS 001.000.31.518.88.42.00 275.16 iPhone/iPad Cell Service Mayor's Offi 001.000.21.513.10.42.00 95.68 iPhone/iPad Cell Service Parks Dept 001.000.64.571.21.42.00 112.29 iPhone/iPad Cell Service Police Dept 001.000.41.521.22.42.00 1,174.69 Air cards Police Dept 001.000.41.521.22.42.00 888.04 iPhone/iPad Cell Service Planning De 001.000.62.558.60.42.00 40.01 iPhone/iPad Cell Service PW Admin 001.000.65.518.20.42.00 26.55 iPhone/iPad Cell Service PW Admin 421.000.74.534.80.42.00 7.59 iPhone/iPad Cell Service PW Admin 422.000.72.531.90.42.00 26.55 iPhone/iPad Cell Service PW Admin 423.000.75.535.80.42.00 7.59 iPhone/iPad Cell Service PW Admin 423.000.76.535.80.42.00 7.58 iPhone/iPad Cell Service PW Street C 111.000.68.542.90.42.00 171.54 iPhone/iPad Cell Service PW Fleet 511.000.77.548.68.42.00 55.67 Page: 22 Packet Page 36 of 278 vchlist Voucher List Page: 23 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 218865 3/3/2016 067865 VERIZON WIRELESS (Continued) iPhone/iPad Cell Service PW Water/,r 421.000.74.534.80.42.00 120.79 iPhone/iPad Cell Service PW Water/, 423.000.75.535.80.42.00 120.78 iPhone/iPad Cell Service Sewer Dept 423.000.75.535.80.42.00 185.90 iPhone/iPad Cell Service Water 421.000.74.534.80.42.00 225.91 iPad Cell Service Storm 422.000.72.531.90.42.00 155.88 iPhone/iPad Cell Service WWTP 423.000.76.535.80.42.00 197.40 Total: 6,499.23 218866 3/3/2016 075283 WAVE BROADBAND 102-261607 FIBER HIGH SPEED INTERNET SEF High Speed Internet service mm/dd/y, 001.000.31.518.87.42.00 816.00 Total: 816.00 218867 3/3/2016 073552 WELCO SALES LLC 6952 CITY CLERK WINDOW ENVELOPE: CITY CLERK 5000- #10 WINDOW El 001.000.25.514.30.31.00 334.00 9.5% Sales Tax 001.000.25.514.30.31.00 31.73 6970 INV#6970 - EDMONDS PD POLICE DEPT BUS CARD MASTER: 001.000.41.521.10.31.00 389.00 9.5% Sales Tax 001.000.41.521.10.31.00 36.96 Total: 791.69 218868 3/3/2016 074609 WEST COASTARMORY NORTH JAN-16 INV#JAN-16 CUST ID-EDMONDS PE BAY RENTAL 01/14/16 4 HR @$40 001.000.41.521.40.41.00 160.00 BAY RENTAL 01/26/16 4 HR @$40 Page: 23 Packet Page 37 of 278 vchlist Voucher List Page: 24 03/03/2016 8:03:25AM City of Edmonds Bank code : usbank Voucher Date Vendor 218868 3/3/2016 074609 WEST COASTARMORY NORTH 218869 3/3/2016 070432 ZACHOR & THOMAS PS INC 218870 3/3/2016 071604 ZOHO CORPORATION 74 Vouchers for bank code : usbank 74 Vouchers in this report Invoice PO # Description/Account Amount (Continued) 001.000.41.521.40.41.00 160.00 RANGE USAGE-GAGNER 01/14/16 001.000.41.521.40.41.00 13.70 RANGE USAGE-GAGNER 01/21/16 001.000.41.521.40.41.00 13.70 9.5% Sales Tax 001.000.41.521.40.41.00 2.60 Total : 350.00 1061 FEB-16 RETAINER Monthly Retainer 001.000.36.515.33.41.00 17,430.00 Total : 17,430.00 2123961 HELP DESK & DESKTOP MANAGEh Annual Subscription fee for 001.000.31.518.88.48.00 2,335.50 Annual Subsciption fee for ManageEr 001.000.31.518.88.48.00 2,695.50 Total : 5,031.00 Bank total : 296,571.43 Total vouchers : 296,571.43 Page: 24 Packet Page 38 of 278 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Protect Title Number Number STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC SWR 2013 Sewerline Replacement Project c398 E3GA STR 2014 Chip Seals c451 E4CB STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STR 2014 Overlay Program c438 E4CA WTR 2014 Waterline Overlays c452 E4CC STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STR 2015 Overlay Program c463 E5CA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA STR 2015 Traffic Calming c471 E5AB WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4J13 STR 2016 Overlay Program i008 E6CA SWR 2016 Sewerline Overlays i010 E6CC WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays i009 E6CB SWR 2016-17 Sanitary Sewer Replacement Projects c469 E5GA WTR 2016-17 Waterline Replacement Projects c468 E5JA STR 220th Street Overlay Project c462 E4CD WTR 224th Waterline Relocation (2013) c418 E3JB STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave W at 212th St SW Intersection Improvements c368 E1 CA STR 9th Avenue Improvement Project c392 E2AB FAC A/V Upgrades - Council Chambers c476 E5LA STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR Bikelink Project c474 E5DA PRK City Spray Park c417 E4MA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5J13 Revised 3/2/2016 Packet Page 39 of 278 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Protect Title Number Number STM Dayton Street & SR104 Storm Drainage Alternatives c374 ElFM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB STM Edmonds Marsh Feasibility Study c380 E2FC General Edmonds Waterfront Access Analysis c478 E5DB FAC ESCO III Project c419 E3LB WTR Five Corners Reservoir Re -coating c473 E5KA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA STR Hwy 99 Enhancements (Phase III) c405 E2AD SWR Lake Ballinger Trunk Sewer Study s011 E5GB STM LID Retrofits Perrinville Creek Basin c434 E4FB SWR Lift Station #1 Basin & Flow Study c461 E4GC STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC FAC Public Safety Controls System Upgrades c444 E4LA STM Seaview Park Infiltration Facility c479 E5FD WWTP Sewer Outfall Groundwater Monitoring c446 E4HA STR SR104 Corridor Transportation Study c427 E3AB STR SR104/City Park Mid -Block Crossing c454 E4DB STR SR99 Safety Improvements (224th to 216th) s014 E6MAA UTILITIES Standard Details Updates solo E5NA STM Storm Drainage Improvements - 88th & 194th c429 E3FG STR Sunset Walkway Improvements c354 E1 DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-1 05th/l 06th Ave W Storm Improvements c430 E3FH STR Trackside Warning System c470 E5AA STR Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA STM Update Stormwater Management Code & Associated Projects c467 E5FB UTILITIES Utility Rate Update s013 E6JA STM Video Assessment of Stormwater Lines c459 E4FF Revised 3/2/2016 Packet Page 40 of 278 PROJECT NUMBERS (By Project Title) Funding Protect Title WWTP WWTP Outfall Pipe Modifications Protect Accounting Number c481 Engineering Protect Number E5HA Revised 3/2/2016 Packet Page 41 of 278 PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1 CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1 DA c354 Sunset Walkway Improvements STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives c376 Perrinville Creek Culvert Replaceme STR E2AA c391 Transportation Plan Update c392 9th Avenue Improvement Project STR E2AD c405 Hwy 99 Enhancements (Phase III) 378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System 380 Edmonds Marsh Feasibility Study STR E3AB c427 SR104 Corridor Transportation Study STR c423 238th St. SW Wa to 1 STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E31FE c410 Northstream Pipe Abandonment on Puget Drive Storm Drainage Improvements - 88th & 194th IML STM E3FH c430 SW Edmonds-1 05th/1 06th Ave W Storm Improvements SWR 2013 Sewerline Replacement Projec WTR E3JB c418 224th Waterline Relocation (2013) E3LB STR E4CA c438 2014 Overlay Program E4CB c451 4 Chip WTR E4CC c452 2014 Waterline Overlays ir E4CD c462 220th Street Overlay Project STR E4DA c453 Train Trench - Concept 454 SR104/City Park Mid -Block Crossing STM E41FA c433 2014 Drainage Improvements 4FB AW Retrofits Perrinville Cr STM E4FC c435 2014 Willow Creek Davliahtina/Edmonds Marsh Restoration Ballinger Associated Proj STM E41FE c455 Dayton Street Stormwater Pump Station Video Assessment of Stormwater Li SWR E4GA c441 2015 Sewerline Replacement Project Revised 3/2/2016 Packet Page 42 of 278 PROJECT NUMBERS (By Engineering Number) Engineering Protect Project Accounting Funding Number Number Protect Title SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study c446 Sewer Outfall Groundwater Monitoring WTR E4J13 c440 2015 Waterline Replacement Program c460 201�omp Pla FAC E4LA c444 Public Safety Controls System Upgrades City Spray Park FAC E4MB c443 Edmonds Fishing Pier Rehab Trackside Warning System STR E5AB c471 2015 Traffic Calming c463 2015 Overlay PrograqNSPEERW WTR E5CB c475 2015 Waterline Overlays i007 2015 Sewerline Overlays STR E5DA c474 Bikelink Project General c478 Edmonds Waterfront Access Analysi STM E51FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM Now— c467 Update Stormwater Management Code & Associated Projects STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E5FD �479 Seaview Park Infiltration Facility STM E5FE c484 12th Ave & Sierra Stormwater System Improvements SWR 469 2016-17 Sanitary Sewer Replacement Projects ME SWR E5GB s011 Lake Ballinger Trunk Sewer Study dw TP Outfall Pipe Modifications WTR E5JA c468 2016-17 Waterline Replacement Projects E5J13 JW481W Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re -coating TFAC 0 AN Upgrades - Council Chambers UTILITIES E5NA solo Standard Details Updates STR 08 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays E6CC i��016 Sewerline Overlays STR E6DA c485 238th St. SW Walkwav (Edmonds Wav to Hwv 99) Northstream Culvert RepaMUnder Puget UTILITIES E6JA s013 Utility Rate Update SR99 Safety Improvements (224th to 216th) STR E7AC i005 228th St. SW Corridor Improvements E7FG m01 PM E7MA c276 Dayton Street Plaza Revised 3/2/2016 Packet Page 43 of 278 PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title PM EBMA c282 Fourth Avenue Cultural Corridor Revised 3/2/2016 Packet Page 44 of 278 PROJECT NUMBERS (By New Project Accounting Number) Engineering Protect Protect Accounting Funding Number Number Protect Title PM E7MA c276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor STIR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR E1 DA c354 Sunset Walkway Improvements STIR E1 CA c368 76th Ave W at 212th St SW Intersection Improvements STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1 FN c376 Perrinville Creek Culvert Replacement STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STIR E2AA c391 Transportation Plan Update STIR E2AB c392 9th Avenue Improvement Project SWR E3GA c398 2013 Sewerline Replacement Project STIR E2AD c405 Hwy 99 Enhancements (Phase III) STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM EYE c410 Northstream Pipe Abandonment on Puget Drive PRK E4MA c417 City Spray Park WTR E3JB c418 224th Waterline Relocation (2013) FAC E3LB c419 ESCO III Project STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STIR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STIR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STIR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STIR E3AB c427 SR104 Corridor Transportation Study STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-1 05th/1 06th Ave W Storm Improvements STM E4FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects STIR E4CA c438 2014 Overlay Program WTR E4JB c440 2015 Waterline Replacement Program SWR E4GA c441 2015 Sewerline Replacement Project FAC E4MB c443 Edmonds Fishing Pier Rehab FAC E4LA c444 Public Safety Controls System Upgrades WWTP E4HA c446 Sewer Outfall Groundwater Monitoring Revised 3/2/2016 Packet Page 45 of 278 PROJECT NUMBERS (By New Project Accounting Number) Engineering Protect Protect Accounting Funding Number Number Protect Title STR E4CB c451 2014 Chip Seals WTR E4CC c452 2014 Waterline Overlays STR E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid -Block Crossing STM E4FE c455 Dayton Street Stormwater Pump Station SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I STM E4FF c459 Video Assessment of Stormwater Lines WTR E4JC c460 2016 Water Comp Plan Update SWR E4GC c461 Lift Station #1 Basin & Flow Study STR E4CD c462 220th Street Overlay Project STR E5CA c463 2015 Overlay Program STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects WTR E5JA c468 2016-17 Waterline Replacement Projects SWR E5GA c469 2016-17 Sanitary Sewer Replacement Projects STR E5AA c470 Trackside Warning System STR E5AB c471 2015 Traffic Calming STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) WTR E5KA c473 Five Corners Reservoir Re -coating STR E5DA c474 Bikelink Project WTR E5CB c475 2015 Waterline Overlays FAC E5LA c476 AN Upgrades - Council Chambers General E5DB c478 Edmonds Waterfront Access Analysis STM E5FD c479 Seaview Park Infiltration Facility WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5J13 c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM E5FE c484 12th Ave & Sierra Stormwater System Improvements STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STR E7AC i005 228th St. SW Corridor Improvements SWR E5CC i007 2015 Sewerline Overlays STR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC i010 2016 Sewerline Overlays STM E6FA i011 Northstream Culvert Repair Under Puget Drive STM E7FG m013 NPDES UTILITIES E5NA solo Standard Details Updates SWR E5GB sol l Lake Ballinger Trunk Sewer Study UTILITIES E6JA s013 Utility Rate Update Revised 3/2/2016 Packet Page 46 of 278 PROJECT NUMBERS (By New Project Accounting Number) Engineering Protect Protect Accounting Funding Number Number STIR E6MAA s014 Protect Title SR99 Safety Improvements (224th to 216th) Revised 3/2/2016 Packet Page 47 of 278 PROJECT NUMBERS (By Project Title) Protect Engineering Accounting Project Funding Protect Title Number Number FAC A/V Upgrades - Council Chambers c476 E5LA FAC Edmonds Fishing Pier Rehab c443 E4MB FAC ESCO III Project c419 E3LB FAC Public Safety Controls System Upgrades c444 E41-A General Edmonds Waterfront Access Analysis c478 E5DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PRK City Spray Park c417 E4MA STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE STM Edmonds Marsh Feasibility Study c380 E2FC STM LID Retrofits Perrinville Creek Basin c434 E4FB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Seaview Park Infiltration Facility c479 E5FD STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Update Stormwater Management Code & Associated Projects c467 E5FB STM Video Assessment of Stormwater Lines c459 E4FF STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC STR 2014 Chip Seals c451 E4CB STR 2014 Overlay Program c438 E4CA STR 2015 Overlay Program c463 E5CA STR 2015 Traffic Calming c471 E5AB STR 2016 Overlay Program i008 E6CA Revised 3/2/2016 Packet Page 48 of 278 PROJECT NUMBERS (By Project Title) Protect Engineering Accounting Project Funding Protect Title Number Number STIR 220th Street Overlay Project c462 E4CD STIR 228th St. SW Corridor Improvements i005 E7AC STIR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STIR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STIR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STIR 9th Avenue Improvement Project c392 E2AB STIR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STIR Bikelink Project c474 E5DA STIR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STIR Hwy 99 Enhancements (Phase III) c405 E2AD STIR SR104 Corridor Transportation Study c427 E3AB STIR SR104/City Park Mid -Block Crossing c454 E4DB STIR SR99 Safety Improvements (224th to 216th) s014 E6MAA STIR Sunset Walkway Improvements c354 E1DA STIR Trackside Warning System c470 E5AA STIR Train Trench - Concept c453 E4DA STIR Transportation Plan Update c391 E2AA SWR 2013 Sewerline Replacement Project c398 E3GA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA SWR 2016 Sewerline Overlays i010 E6CC SWR 2016-17 Sanitary Sewer Replacement Projects c469 E5GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Lake Ballinger Trunk Sewer Study sol l E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC UTILITIES Standard Details Updates solo E5NA UTILITIES Utility Rate Update s013 E6JA WTR 2014 Waterline Overlays c452 E4CC WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays i009 E6CB WTR 2016-17 Waterline Replacement Projects c468 E5JA WTR 224th Waterline Relocation (2013) c418 E3JB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5JB WTR Five Corners Reservoir Re -coating c473 E51KA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 3/2/2016 Packet Page 49 of 278 Payroll Earnings Summary Report City of Edmonds Pay Period: 769 (02/16/2016 to 02/29/2016) Hour Type Hour Class Description Hours Amount -ed2 REGULAR HOURS Educational Pav Correction 0.00 -156.28 112 ABSENT NO PAY NON HIRED 72.00 0.00 121 SICK SICK LEAVE 670.75 24,925.41 122 VACATION VACATION 736.50 32,694.36 123 HOLIDAY HOLIDAY HOURS 68.50 2,992.85 124 HOLIDAY FLOATER HOLIDAY 60.00 2,113.07 125 COMP HOURS COMPENSATORY TIME 118.25 4,329.47 131 MILITARY MILITARY LEAVE 12.00 442.83 150 REGULAR HOURS Kelly Dav Used 108.00 4,315.07 152 COMP HOURS COMPTIME BUY BACK 0.25 7.78 155 COMP HOURS COMPTIME AUTO PAY 186.29 7,713.03 157 SICK SICK LEAVE PAYOFF 19.50 606.92 158 VACATION VACATION PAYOFF 15.75 490.21 160 VACATION MANAGEMENT LEAVE 97.00 6,795.82 170 REGULAR HOURS COUNCIL BASE PAY 700.00 7,000.00 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 130.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICP 0.00 2,812.40 190 REGULAR HOURS REGULAR HOURS 15,103.50 593,854.97 191 REGULAR HOURS FIRE PENSION PAYMENTS 4.00 2,150.85 195 REGULAR HOURS ADMINISTRATIVE LEAVE 80.00 3,939.00 196 REGULAR HOURS LIGHT DUTY 80.00 3,109.00 210 OVERTIME HOURS OVERTIME -STRAIGHT 8.00 231.04 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 2,419.51 216 MISCELLANEOUS STANDBY TREATMENT PLANT 10.50 984.80 220 OVERTIME HOURS OVERTIME 1.5 206.25 13,071.10 225 OVERTIME HOURS OVERTIME -DOUBLE 3.50 245.31 405 ACTING PAY OUT OF CLASS - POLICE 0.00 167.84 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 465.17 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 785.94 602 COMP HOURS ACCRUED COMP 86.75 0.00 603 COMP HOURS Holidav Comp 1.0 18.00 0.00 604 COMP HOURS ACCRUED COMP TIME 192.75 0.00 606 COMP HOURS ACCRUED COMP TIME 0.50 0.00 03/03/2016 Packet Page 50 of 278 Page 1 of 2 Hour Type Hour Class acc MISCELLANEOUS acs MISCELLANEOUS boc MISCELLANEOUS colre MISCELLANEOUS cpl MISCELLANEOUS crt MISCELLANEOUS det MISCELLANEOUS det4 MISCELLANEOUS ed1 EDUCATION PAY ed2 EDUCATION PAY ed3 EDUCATION PAY hol HOLIDAY k9 MISCELLANEOUS Iq1 LONGEVITY Ig10 LONGEVITY Ig11 LONGEVITY Iq2 LONGEVITY PAY Iq3 LONGEVITY PAY I0 LONGEVITY Iq6 LONGEVITY Iq7 LONGEVITY mels SICK mtc MISCELLANEOUS nds MISCELLANEOUS phv MISCELLANEOUS prof MISCELLANEOUS sdp MISCELLANEOUS sqt MISCELLANEOUS traf MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 769 (02/16/2016 to 02/29/2016) Description ACCREDITATION PAY ACCRED/POLICE SUPPORT BOC II Certification Collision Reconstruction ist TRAINING CORPORAL CERTIFICATION III PAY DETECTIVE PAY Detective 4% EDUCATION PAY 2% EDUCATION PAY 4% EDUCATION PAY 6% HOLIDAY K-9 PAY LONGEVITY PAY 2% LONGEVITY 5.5% LONGEVITY PAY 2.5% LONGEVITY PAY 4% LONGEVITY 6% Lonqevitv 1 % Lonqevitv .5% Lonqevitv 1.5% Medical Leave Sick MOTORCYCLE PAY Public Disclosure Specialist PHYSICAL FITNESS PAY PROFESSIONAL STANDARDS SPECIAL DUTY PAY 5% ADMINISTRATIVE SERGEANT TRAFFIC Hours 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18,717.54 Total Net Pay: Amount 24.95 171.67 84.53 107.89 147.28 622.35 102.75 986.42 731.26 873.40 4,551.63 184.92 102.75 956.79 549.04 878.62 993.80 5,415.06 206.78 261.77 966.45 45.03 196.02 47.12 1,825.43 157.56 514.51 154.66 323.67 $740,821.58 $496,996.00 03/03/2016 Page 2 of 2 Packet Page 51 of 278 Benefit Checks Summary Report City of Edmonds Pay Period: 769 - 02/16/2016 to 02/29/2016 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 62096 03/04/2016 epoa EPOA-1 POLICE 1,242.00 0.00 62097 03/04/2016 epoa4 EPOA-4 POLICE SUPPORT 117.00 0.00 62098 03/04/2016 jhan JOHN HANCOCK 1,028.10 0.00 62099 03/04/2016 flex NAVIA BENEFIT SOLUTIONS 871.24 0.00 62100 03/04/2016 cope SEIU COPE 52.00 0.00 62101 03/04/2016 seiu SEIU LOCAL 925 3,685.74 0.00 62102 03/04/2016 uw UNITED WAY OF SNOHOMISH COUNTY 698.24 0.00 62103 03/04/2016 icma VANTAGE TRANSFER AGENTS 304884 2,456.31 0.00 10,150.63 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 2354 03/04/2016 pens DEPT OF RETIREMENT SYSTEMS 232,198.90 0.00 2355 03/04/2016 aflac AFLAC 5,983.12 0.00 2359 03/04/2016 wadc WASHINGTON STATE TREASURER 20,641.00 0.00 2360 03/04/2016 us US BANK 100,225.07 0.00 2361 03/04/2016 mebt WTRISC FBO #N3177B1 93,004.51 0.00 2363 03/04/2016 pb NATIONWIDE RETIREMENT SOLUTION 5,043.60 0.00 2364 03/04/2016 oe OFFICE OF SUPPORT ENFORCEMENT 48.50 0.00 0.00 457,144.70 Grand Totals: 467,295.33 0.00 3/3/2016 Packet Page 52 of 278 Page 1 of AM-8384 City Council Meeting Meeting Date: 03/08/2016 Time: Submitted By: Department: Review Committee: Type: Consent Frances Chapin Parks and Recreation Action Information Committee Action: 3. C. Subject Title Authorization for the Mayor to sign 2016 Tourism Promotion Agreements approved by the Lodging Tax Advisory Committee and recommended by Edmonds Arts Commission. Recommendation Staff is requesting authorization for the Mayor to sign the promotion agreements. Previous Council Action Narrative On November 30, 2015, the City Lodging Tax Advisory Committee (LTAC) approved allocations for 2016 funding for three organizations received during the second round of applications for Tourism Promotion to the Edmonds Arts Commission. The funding was included in the final 2016 budget approved by City Council for Funds 123 and 120, but the recipients of the second round funding were not specified in the budget so the contracts need to be approved by City Council. The Edmonds Arts Commission met on September 15, 2015 and reviewed applications requesting a total of $5,000 from the total $6,000 available for second round 2016 funding to promote cultural events that attract visitors to Edmonds. The EAC recommendations were forwarded to the LTAC. Funding for these contract awards is budgeted for 2016 from the portion of the City Lodging Tax Tourism Promotion Fund 120 transferred to the Arts Commission Tourism Promotion Fund 123 per Council Resolution #630. The following contract awards are recommended for City Council approval: Cascade Symphony Orchestra - $1,500 for radio advertising; Edmonds -South Snohomish Historical Society - $1,500 for creating a new brochure; and Rotary Club of Edmonds Daybreakers Foundation - $2,000 for print and radio promotion of Jazz Connection. Each of the organizations recommended for awards attract visitors to Edmonds for their cultural events. Each applicant organization awarded meets the requirements set forth by the LTAC and is required to submit a final report to meet the State reporting requirements for expenditure of Lodging Tax Funds. Round Two Contracts Application form Attachments Form Review Packet Page 53 of 278 Inbox Reviewed By Date Parks and Recreation Carrie Hite 03/02/2016 02:11 PM City Clerk Scott Passey 03/02/2016 02:13 PM Mayor Dave Earling 03/02/2016 02:35 PM Finalize for Agenda Scott Passey 03/02/2016 03:47 PM Fonn Started By: Frances Chapin Started On: 03/02/2016 11:39 AM Final Approval Date: 03/02/2016 Packet Page 54 of 278 TOURISM PROMOTION AGREEMENT Edmonds Arts Commission City of Edmonds Parks, Recreation and Cultural Services Department THIS AGREEMENT is entered into the 19th day of February, 2016 by and between the City of Edmonds, a municipal corporation ("City") and Cascade Symphony Orchestra ("Promoter"). RECITALS A. The City established a Tourism Promotional Fund ("Fund") under Resolution Number 630, dated December 10, 1985 ("Resolution"). The proceeds in the Fund are derived from a portion of the lodging tax imposed pursuant to Chapter 3.34 of the Edmonds City Code and Chapter 67.28 RCW. B. The Fund was created to promote tourism in the City by providing promotional and advertising subsidies to local cultural and artistic events. C. Under the Resolution, the Edmonds Arts Commission ("Commission") assists in the administration of the Fund. The Commission reviews and recommends to the City Council proposals for funding advertising and promotion of cultural and artistic events/activities in the City. D. The Commission has recommended, and the City Council has reviewed and approved, funding to Promoter for promoting the 2016 Instrument Petting Zoo (described in the attached Exhibit A - hereinafter the "Event") through the following method(s) radio and print advertising and banners ("Promotion"). NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations hereinafter set forth, the parties agree as follows: 1. Grant of Funds. The City grants an amount not to exceed One thousand five hundred Dollars $( 1,500) ("Grant") to Promoter and Promoter accepts the Grant. The City shall issue a check to Promoter for the Grant within three weeks after the City receives the documented receipts for the work performed as agreed to in Exhibit A of the executed original of this Agreement. 2. Final Report. Promoter shall provide a Final Report pursuant to the requirements of RCW 67.28.1816 regarding the economic impact of the grants. The Final Report, including the Event or Tourism Activity Report Worksheet shown in Exhibit B, must be submitted by December 16, 2016. 3. Scope of Use. Promoter may only use the Grant for cultural and artistic activities designed to increase tourism and tourist activity in the City and to promote the Event. The Promoter may use the Grant for: a) advertising, publicizing or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion in the City; Packet Page 55 of 278 b) funding Marketing of the Event in the City. 4. Time of Performance. Promoter shall complete Promotion of the Event no later than December 16, 2016. 5. Credit to City. Any publications produced as a result of the Grant will include the Edmonds Arts Commission logo where possible and will prominently feature the following message: FUNDED IN PART BY THE CITY OF EDMONDS ARTS COMMISSION TOURISMPROMOTIONAL FUND 6. Intellectual Property Rights. Where activities supported by the Grant produce original books, articles, manuals, films, computer programs or other materials, the Promoter may copyright or trademark such materials upon obtaining the prior written approval of the City; provided, that the City receives a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or use such materials. Where such license is exercised, appropriate acknowledgement of Promoter's contribution will be made. 7. Modifications. This Agreement may only be modified by a written amendment to be executed by both parties. 8. Access to Books/Records. The City may, at reasonable times, inspect the books and records of the Promoter relating to the performance of this Agreement. 9. Hold Harmless. The Promoter shall protect, hold harmless, indemnify, and defend, at its own expense, the City, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of this Agreement and the use of the Grant, including claims by Promoter's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the City. 10. Legal Requirements. The Promoter shall comply with all applicable Federal, State and local laws in performing this Agreement; including but not limited to, State, Federal and local laws regarding discrimination. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and venue shall be in an appropriate court in Snohomish County. 12. Termination. (a) If the Promoter breaches any of its obligations under this Agreement, and fails to cure the same within five (5) days' written notice to do so by the City, the City may terminate this Agreement, in which case the Promoter shall return the unused portion of the Grant within five (5) business days after termination. Packet Page 56 of 278 (b) The City may terminate this Agreement upon thirty (30) days' written notice to the Promoter for any reason other than that stated in subsection (a) of this section, in which case, the Promoter shall return the unused portion of the Grant within five (5) business days after termination. 13. Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a Waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. 14. Assignment. This Agreement is personal in nature and shall not be assigned by the Promoter. 15. Records. The Promoter must maintain adequate records to support its use of the Grant in accordance with the terms of this Agreement, Chapter 67.28 RCW, the ECC and the Resolution. Promoter's records shall be maintained for a period of five (5) years after termination of this Agreement. The City or any of its duly authorized representatives shall have access to any books, documents, papers and records of the Promoter that are directly related to this Agreement for the purposes of audit examinations, excerpts, or transcripts. 16. Reimbursement. Use of the Grant by the Promoter that is determined not to be in compliance with the terms of this Agreement, Chapter 67.28 RCW, the ECC and the Resolution must be reimbursed to the City. The Promoter shall reimburse the requested funds within five (5) business days after the City sends its request for reimbursement. 17. Independent Contractor. Promoter is an Independent Contractor and not an agent, employee or servant of the City. The Promoter is not entitled to any benefits or rights enjoyed by employees of the City. Promoter has the right to direct and control its own activities in using the Grant in accordance with the terms of this Agreement. 18. Recitals. The Recitals of this Agreement are incorporated in this Agreement by this reference. 19. Entire Agreement. This Agreement, including Exhibits A and B attached hereto, constitutes the entire Agreement between the parties. 20. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Packet Page 57 of 278 Notices to the Promoter shall be sent to the following address: Cascade Symphony Orchestra Attn: Ruth McFadden 8523 215th St SW Edmonds WA 98026 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. IN WITNESS THEREOF, the parties executed this Agreement as of the date first shown above. CITY OF EDMONDS PROMOTER Dave Earling, Mayor Signature 121 — 5th Avenue Edmonds, WA 98020 ATTEST: Print Name Scott Passey, City Clerk Print Address Approved as to Form: Office of the City Attorney Date: Packet Page 58 of 278 EXHIBIT A Project description/scope from application: Promote the 2016 Instrument Petting Zoo through radio and print advertising and street banners. Packet Page 59 of 278 EXHIBIT B Event or Tourism Activity Report Worksheet Official Report Form is due: December 16, 2016 NOTE: It is very important that you fill this report out as completely as possible to ensure you are eligible to receive Tourism Promotion Funds supported through Lodging Tax in the future! The City of Edmonds is required to provide this information to the State. Please plan now how you will collect this information. Questions? Call 425-77I-0228 I . Organization 2. This report covers: Event Name: Tourism Facility: 3. Total Lodging Tax Funds Allocated to this event or facility 4. Estimated total event attendance or user count for the facility: Describe methodology used to determine this figure S. Estimated percentage of total attendance for event or facility by: a. Tourists (total number of guests from outside Edmonds) b. Traveled more than 50 miles c. Overnight stays associated with event Describe methodology used to determine this figure Date: Date: %OR# %OR# %OR# 6. Estimated total hotel or B & B room nights generated Describe methodology used to determine this figure (eg: arrangement with hotel to report visitors, surveys of participants, etc.) 7 Any other information that demonstrates the impact of the festival, events or tourism - related facility owned by a non-profit organization or local jurisdiction (please describe, eg: restaurant or shop patronage, etc): Submitted by: Date: E-mail or phone number: Packet Page 60 of 278 TOURISM PROMOTION AGREEMENT Edmonds Arts Commission City of Edmonds Parks, Recreation and Cultural Services Department THIS AGREEMENT is entered into the 19th day of February, 2016 by and between the City of Edmonds, a municipal corporation ("City") and Rotary Club of Edmonds Daybreakers Foundation ("Promoter"). RECITALS A. The City established a Tourism Promotional Fund ("Fund") under Resolution Number 630, dated December 10, 1985 ("Resolution"). The proceeds in the Fund are derived from a portion of the lodging tax imposed pursuant to Chapter 3.34 of the Edmonds City Code and Chapter 67.28 RCW. B. The Fund was created to promote tourism in the City by providing promotional and advertising subsidies to local cultural and artistic events. C. Under the Resolution, the Edmonds Arts Commission ("Commission") assists in the administration of the Fund. The Commission reviews and recommends to the City Council proposals for funding advertising and promotion of cultural and artistic events/activities in the City. E. The Commission has recommended, and the City Council has reviewed and approved, funding to Promoter for promoting the 2016 Edmonds Jazz Connection Music Festival (described in the attached Exhibit A - hereinafter the "Event") through the following method(s) radio and print advertising and banners ("Promotion"). NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations hereinafter set forth, the parties agree as follows: 1. Grant of Funds. The City grants an amount not to exceed Two thousand Dollars $( 2,000) ("Grant") to Promoter and Promoter accepts the Grant. The City shall issue a check to Promoter for the Grant within three weeks after the City receives the documented receipts for the work performed as agreed to in Exhibit A of the executed original of this Agreement. 2. Final Report. Promoter shall provide a Final Report pursuant to the requirements of RCW 67.28.1816 regarding the economic impact of the grants. The Final Report, including the Event or Tourism Activity Report Worksheet shown in Exhibit B, must be submitted by December 16, 2016. 3. Scope of Use. Promoter may only use the Grant for cultural and artistic activities designed to increase tourism and tourist activity in the City and to promote the Event. The Promoter may use the Grant for: c) advertising, publicizing or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion in the City; d) funding Marketing of the Event in the City. Packet Page 61 of 278 4. Time of Performance. Promoter shall complete Promotion of the Event no later than December 16, 2016. 5. Credit to City. Any publications produced as a result of the Grant will include the Edmonds Arts Commission logo where possible and will prominently feature the following message: FUNDED IN PART BY THE CITY OF EDMONDS ARTS COMMISSION TOURISM PROMOTIONAL FUND 6. Intellectual Property Rights. Where activities supported by the Grant produce original books, articles, manuals, films, computer programs or other materials, the Promoter may copyright or trademark such materials upon obtaining the prior written approval of the City; provided, that the City receives a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or use such materials. Where such license is exercised, appropriate acknowledgement of Promoter's contribution will be made. 7. Modifications. This Agreement may only be modified by a written amendment to be executed by both parties. 8. Access to Books/Records. The City may, at reasonable times, inspect the books and records of the Promoter relating to the performance of this Agreement. 9. Hold Harmless. The Promoter shall protect, hold harmless, indemnify, and defend, at its own expense, the City, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of this Agreement and the use of the Grant, including claims by Promoter's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the City. 10. LegalRequirements. The Promoter shall comply with all applicable Federal, State and local laws in performing this Agreement; including but not limited to, State, Federal and local laws regarding discrimination. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and venue shall be in an appropriate court in Snohomish County. 12. Termination. (a) If the Promoter breaches any of its obligations under this Agreement, and fails to cure the same within five (5) days' written notice to do so by the City, the City may terminate this Agreement, in which case the Promoter shall return the unused portion of the Grant within five (5) business days after termination. (b) The City may terminate this Agreement upon thirty (30) days' written notice to the Promoter for any reason other than that stated in subsection (a) of this section, in which case, the Packet Page 62 of 278 Promoter shall return the unused portion of the Grant within five (5) business days after termination. 13. Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a Waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. 14. Assignment. This Agreement is personal in nature and shall not be assigned by the Promoter. 15. Records. The Promoter must maintain adequate records to support its use of the Grant in accordance with the terms of this Agreement, Chapter 67.28 RCW, the ECC and the Resolution. Promoter's records shall be maintained for a period of five (5) years after termination of this Agreement. The City or any of its duly authorized representatives shall have access to any books, documents, papers and records of the Promoter that are directly related to this Agreement for the purposes of audit examinations, excerpts, or transcripts. 16. Reimbursement. Use of the Grant by the Promoter that is determined not to be in compliance with the terms of this Agreement, Chapter 67.28 RCW, the ECC and the Resolution must be reimbursed to the City. The Promoter shall reimburse the requested funds within five (5) business days after the City sends its request for reimbursement. 17. Independent Contractor. Promoter is an Independent Contractor and not an agent, employee or servant of the City. The Promoter is not entitled to any benefits or rights enjoyed by employees of the City. Promoter has the right to direct and control its own activities in using the Grant in accordance with the terms of this Agreement. 18. Recitals. The Recitals of this Agreement are incorporated in this Agreement by this reference. 19. Entire Agreement. This Agreement, including Exhibits A and B attached hereto, constitutes the entire Agreement between the parties. 20. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Packet Page 63 of 278 Notices to the Promoter shall be sent to the following address: Rotary Club of Edmonds Daybreakers Foundation Jazz Connection Attn: Chris Lindberg PO Box 1584 Edmonds WA 98020 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. IN WITNESS THEREOF, the parties executed this Agreement as of the date first shown above. CITY OF EDMONDS PROMOTER Dave Earling, Mayor Signature 121 — 5th Avenue Edmonds, WA 98020 ATTEST: Print Name Scott Passey, City Clerk Print Address Approved as to Form: Office of the City Attorney Date: Packet Page 64 of 278 EXHIBIT A Project description/scope from application: Promote the 2016 Rotary Jazz Connection through radio and print advertising and street banners. Packet Page 65 of 278 EXHIBIT B Event or Tourism Activity Report Worksheet Official Report Form is due: December 16, 2016 NOTE: It is very important that you fill this report out as completely as possible to ensure you are eligible to receive Tourism Promotion Funds supported through Lodging Tax in the future! The City of Edmonds is required to provide this information to the State. Please plan now how you will collect this information. Questions? Call 425-77I-0228 3. Organization 4. This report covers: Event Name: Tourism Facility: 3. Total Lodging Tax Funds Allocated to this event or facility 4. Estimated total event attendance or user count for the facility: Describe methodology used to determine this figure 6. Estimated percentage of total attendance for event or facility by: a. Tourists (total number of guests from outside Edmonds) b. Traveled more than 50 miles c. Overnight stays associated with event Describe methodology used to determine this figure Date: Date: %OR# %OR# %OR# 6. Estimated total hotel or B & B room nights generated Describe methodology used to determine this figure (eg: arrangement with hotel to report visitors, surveys of participants, etc.) 8 Any other information that demonstrates the impact of the festival, events or tourism - related facility owned by a non-profit organization or local jurisdiction (please describe, eg: restaurant or shop patronage, etc): Submitted by: Date: E-mail or phone number: Packet Page 66 of 278 TOURISM PROMOTION AGREEMENT Edmonds Arts Commission City of Edmonds Parks, Recreation and Cultural Services Department THIS AGREEMENT is entered into the 19th day of February, 2016 by and between the City of Edmonds, a municipal corporation ("City") and Edmonds -South Snohomish County Historical Society ("Promoter"). RECITALS A. The City established a Tourism Promotional Fund ("Fund") under Resolution Number 630, dated December 10, 1985 ("Resolution"). The proceeds in the Fund are derived from a portion of the lodging tax imposed pursuant to Chapter 3.34 of the Edmonds City Code and Chapter 67.28 RCW. B. The Fund was created to promote tourism in the City by providing promotional and advertising subsidies to local cultural and artistic events. C. Under the Resolution, the Edmonds Arts Commission ("Commission") assists in the administration of the Fund. The Commission reviews and recommends to the City Council proposals for funding advertising and promotion of cultural and artistic events/activities in the City. F. The Commission has recommended, and the City Council has reviewed and approved, funding to Promoter for promoting the Edmonds Museum (described in the attached Exhibit A - hereinafter the "Event") through the following method(s) creation and distribution of a new brochure ("Promotion"). NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations hereinafter set forth, the parties agree as follows: 1. Grant of Funds. The City grants an amount not to exceed One thousand five hundred Dollars $( 1,500) ("Grant") to Promoter and Promoter accepts the Grant. The City shall issue a check to Promoter for the Grant within three weeks after the City receives the documented receipts for the work performed as agreed to in Exhibit A of the executed original of this Agreement. 2. Final Report. Promoter shall provide a Final Report pursuant to the requirements of RCW 67.28.1816 regarding the economic impact of the grants. The Final Report, including the Event or Tourism Activity Report Worksheet shown in Exhibit B, must be submitted by December 16, 2016. 3. Scope of Use. Promoter may only use the Grant for cultural and artistic activities designed to increase tourism and tourist activity in the City and to promote the Event. The Promoter may use the Grant for: e) advertising, publicizing or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion in the City; Packet Page 67 of 278 f) funding Marketing of the Event in the City. 4. Time of Performance. Promoter shall complete Promotion of the Event no later than December 16, 2016. 5. Credit to City. Any publications produced as a result of the Grant will include the Edmonds Arts Commission logo where possible and will prominently feature the following message: FUNDED IN PART BY THE CITY OF EDMONDS ARTS COMMISSION TOURISMPROMOTIONAL FUND 6. Intellectual Property Rights. Where activities supported by the Grant produce original books, articles, manuals, films, computer programs or other materials, the Promoter may copyright or trademark such materials upon obtaining the prior written approval of the City; provided, that the City receives a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or use such materials. Where such license is exercised, appropriate acknowledgement of Promoter's contribution will be made. 7. Modifications. This Agreement may only be modified by a written amendment to be executed by both parties. 8. Access to Books/Records. The City may, at reasonable times, inspect the books and records of the Promoter relating to the performance of this Agreement. 9. Hold Harmless. The Promoter shall protect, hold harmless, indemnify, and defend, at its own expense, the City, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of this Agreement and the use of the Grant, including claims by Promoter's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the City. 10. Legal Requirements. The Promoter shall comply with all applicable Federal, State and local laws in performing this Agreement; including but not limited to, State, Federal and local laws regarding discrimination. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and venue shall be in an appropriate court in Snohomish County. 12. Termination. (a) If the Promoter breaches any of its obligations under this Agreement, and fails to cure the same within five (5) days' written notice to do so by the City, the City may terminate this Agreement, in which case the Promoter shall return the unused portion of the Grant within five (5) business days after termination. Packet Page 68 of 278 (b) The City may terminate this Agreement upon thirty (30) days' written notice to the Promoter for any reason other than that stated in subsection (a) of this section, in which case, the Promoter shall return the unused portion of the Grant within five (5) business days after termination. 13. Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a Waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. 14. Assignment. This Agreement is personal in nature and shall not be assigned by the Promoter. 15. Records. The Promoter must maintain adequate records to support its use of the Grant in accordance with the terms of this Agreement, Chapter 67.28 RCW, the ECC and the Resolution. Promoter's records shall be maintained for a period of five (5) years after termination of this Agreement. The City or any of its duly authorized representatives shall have access to any books, documents, papers and records of the Promoter that are directly related to this Agreement for the purposes of audit examinations, excerpts, or transcripts. 16. Reimbursement. Use of the Grant by the Promoter that is determined not to be in compliance with the terms of this Agreement, Chapter 67.28 RCW, the ECC and the Resolution must be reimbursed to the City. The Promoter shall reimburse the requested funds within five (5) business days after the City sends its request for reimbursement. 17. Independent Contractor. Promoter is an Independent Contractor and not an agent, employee or servant of the City. The Promoter is not entitled to any benefits or rights enjoyed by employees of the City. Promoter has the right to direct and control its own activities in using the Grant in accordance with the terms of this Agreement. 18. Recitals. The Recitals of this Agreement are incorporated in this Agreement by this reference. 19. Entire Agreement. This Agreement, including Exhibits A and B attached hereto, constitutes the entire Agreement between the parties. 20. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Packet Page 69 of 278 Notices to the Promoter shall be sent to the following address: Edmonds South Snohomish County Historical Society Attn: Caitlin Kelly PO Box 52 Edmonds WA 98020 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. IN WITNESS THEREOF, the parties executed this Agreement as of the date first shown above. CITY OF EDMONDS PROMOTER Dave Earling, Mayor 121 — 5th Avenue Edmonds, WA 98020 ATTEST: Signature Print Name Scott Passey, City Clerk Print Address Approved as to Form: Office of the City Attorney Date: Packet Page 70 of 278 EXHIBIT A Project description/scope from application: Promote the 2016 Historical Museum through redesign, print and distribution of new promotional brochure. Packet Page 71 of 278 EXHIBIT B Event or Tourism Activity Report Worksheet Official Report Form is due: December 16, 2016 NOTE: It is very important that you fill this report out as completely as possible to ensure you are eligible to receive Tourism Promotion Funds supported through Lodging Tax in the future! The City of Edmonds is required to provide this information to the State. Please plan now how you will collect this information. Questions? Call 425-77I-0228 5. Organization 6. This report covers: Event Name: Tourism Facility: 3. Total Lodging Tax Funds Allocated to this event or facility 4. Estimated total event attendance or user count for the facility: Describe methodology used to determine this figure 7. Estimated percentage of total attendance for event or facility by: a. Tourists (total number of guests from outside Edmonds) b. Traveled more than 50 miles c. Overnight stays associated with event Describe methodology used to determine this figure Date: Date: %OR# %OR# %OR# 6. Estimated total hotel or B & B room nights generated Describe methodology used to determine this figure (eg: arrangement with hotel to report visitors, surveys of participants, etc.) 9 Any other information that demonstrates the impact of the festival, events or tourism - related facility owned by a non-profit organization or local jurisdiction (please describe, eg: restaurant or shop patronage, etc): Submitted by: Date: E-mail or phone number: Packet Page 72 of 278 emVns Tourism Promotion Award ARTS COMMISSION Guidelines FISCAL YEAR 2016 Edmonds Arts Commission January 1 - December 31, 2016 GUIDELINES - 2016 funding — 2nd Round OBJECTIVE: To award contracts for services to promote cultural/art events/programs that strengthen community based arts organizations and contribute to economic vitality through attracting audience from outside of Edmonds. This objective is accomplished through funding provided to the Edmonds Arts Commission by the City of Edmonds Lodging Tax Fund per City Council Resolution 630. Generally no more than $2,000 will be awarded to any one organization. A total of $6,000 is available for second round funding. Allocations are approved by the City of Edmonds Lodging Tax Advisory Committee and by City Council as part of the budget process. Funded projects are required to include credit on promotion materials: "Funded in part by the City of Edmonds Arts Commission Tourism Promotion Fund." ELIGIBILITY: Projects presented by not for profit arts and culture organizations for promotion of cultural events/programs to attract visitors to Edmonds are eligible. Projects could include advertising, publicizing, or otherwise distributing information on activities or events for the purpose of attracting and welcoming visitors to Edmonds. Proposals that are exclusively for an organization's membership or other exclusive group will not be considered. If the organization has already applied for 2016 funding, an application for second round funding must be for a different project. DEADLINE: Applications are due Monday, September 28, 2015 - 5 p.m, Frances Anderson Center, 700 Main St. Incomplete or late applications will not be considered. Applications will be reviewed by the Arts Commission and awards will be voted on at the next regularly scheduled Commission meeting. Contract awards are recommended to the Lodging Tax Advisory Committee for review and inclusion in the budget and awarded following City Council approval. Applicants will be notified by the end of February, 2016. Award recipients will be required to submit a Final Report by December 16, 2016. PROCEDURES:Applications must be submitted on the attached form. We do not anticipate you will need more space than the amount allowed to answer questions. Cover letters may be added but will not substitute for an application form. NOTE: Set your page margins at .5" on all sides to fit this document. Please send or deliver FOUR (4) copies including original of your completed application to: Edmonds Arts Commission, 700 Main Street, Edmonds WA 98020 FOR MORE INFORMATION: Please contact the Cultural Services/Arts Office, Frances Chapin, Edmonds Arts Commission, 425-771-0228, or frances.chapin(cDedmondswa.pov REVIEW CRITERIA In awarding these contracts for services to promote cultural tourism the Edmonds Arts Commission recommendations are generally based on the following criteria to evaluate the applicant organization: (40%) 1. Promotion of artistic quality: the degree of professionalism exhibited in events/programs sponsored by the organization; the extent to which these events/programs attract visitors to the community and improve the community's reputation for and appreciation of the arts. (15%) 2. Community Cultural Plan: the extent to which the organization supports the goals or implements strategies of the Community Cultural Plan. (15%) 3. Public participation: the degree to which the public is involved in organizing, implementing and evaluating the projects of the organization; attendance by the public. (15%) 4. Financial need: the demonstration of financial need is reflected in a realistic budget, reasonable ratio of program expenditures to administrative costs and evidence of other funding sources, i.e. donations. (15%) 5. Management capabilities: demonstration of the ability to complete and evaluate the project successfully, i.e. board resources, skilled personnel, previous successful programs. Previous year recipients of EAC Cultural Touism Awards will be reviewed contingent on submission of a satisfactory Final Report. Packet Page 73 of 278 edmondS Tourism Promotion Award ARTS COMMISSION Application Form FISCAL YEAR 2016 Edmonds Arts Commission January 1 - December 31, 2016 1. Applicant Organization LEGAL NAME: MAILING ADDRESS: ADDRESS: CITY: STATE: ZIP: ORGANIZATION CONTACT: PHONE: EMAIL: BOARD PRESIDENT: INCORPORATION DATE: IRS DETERMINATION # 2. Organization Profile: Briefly describe the mission and goals of your organization and your programs and services. 3. Event/Program Information (what event(s) or program(s) you are promoting) EVENT/PROGRAM TITLE: EVENT START DATE: END DATE: 4. Project Description (Be specific, this is what you will spend the money on, not necessarily the overall event. For example, radio advertising, print advertising, banner, etc.) TOTAL REQUEST $ Packet Page 74 of 278 2016 EAC Promotion Award Application 5. Project Evaluation — Please answer the following questions with regard to the specific project you are requesting funds for (e.g. brochure, radio ads, poster etc.). Include additional information on your overall program if applicable. 5a. How can you demonstrate that this project encourages people to come to Edmonds? 5b. Anticipated attendance - (You are required to answer this question. Please provide your best estimates. The State recognizes however the technical difficulty of determining actual tourism impact figures: in some instances good faith estimates of actuals can be reported provided applicants and users of funds indicate how those estimates will be developed. All information, including descriptions of how actual impacts were estimated, will be available for public review.) o Who is your intended audience for the promotion? (e.g. geographic areas reached by ads?) o What is your anticipated total attendance (#) and how is this number determined? o How many attendees do you estimate will be from outside Edmonds? o How many overnight stays in Edmonds will be generated by your project? o How many people traveled more than 50 miles? o How many people traveled from another state or country? o How are these estimates developed? o Estimated total paid hotel or B&B room nights generated, how many unpaid, and how determined? 5c. How will you report on and evaluate the effectiveness of the project in attracting visitors to Edmonds this year? 5d. How are volunteers and the greater public involved in organizing, implementing and evaluating this proposed event/program? 5e. How does your specific project, and your overall program, further the goals of the 2014 updated Community Cultural Plan? A copy of the plan can be downloaded at www.edmondsartscommission.org 6. Organization Budget Overview Fiscal year startinq & endinq dates: To: Most recently completed fiscal year actuals Revenue: Expense: Current fiscal year projected: Revenue: Expense: Packet Page 75 of 278 7. Please provide the following supportive documentation with your application: 1. I.R.S. Determination Letter (501(c)(3) Status) or WA State non-profit designation 2. A current copy of your approved Operating Budget 3. Current Board List (with contact information) 4. Three letters of support for the project. These letters may be from up to two board members, plus participants and/or recipients of your program/services attesting to the value/need of your proposal and your ability to complete the project. Remember to include 4 complete copies of your application (one original and three copies). > NOTE: incomplete or late grant requests will not be considered < Packet Page 76 of 278 AM-8388 City Council Meeting Meeting Date: 03/08/2016 Time: Consent Submitted For: Bertrand Hauss Department: Engineering Type: Action Submitted By: Megan Luttrell Information 3. A Subiect Title Authorization for Mayor to sign PUD Utility Easements from Edmonds-Woodway High School for the 76th Ave at 212th Street Intersection Improvements project Recommendation Authorize Mayor to sign the easements. Previous Council Action On November 24, 2015, Council authorized the Mayor to sign the right-of-way documents from Edmonds-Woodway High School for the 76th Ave at 212th Street Intersection Improvements project. On February 23, 2016, staff presented this item to Council and it was forwarded to a future consent agenda for approval. Narrative The City has reached an agreement with the Edmonds School District to have 1,033 square feet of PUD utility easements as part of the 76th Ave at 212th Street Intersection Improvements project (Easement A adjacent to 212th Street for 506 SF and Easement B adjacent to 76th Ave for 527 SF). The easements are needed by PUD for their switch vaults, required as part of the underground utility conversion. The City's appraiser determined a price of $15.50 per square foot for the easement for a total compensation of $16,000 to the School District. The appraiser's information is outlined in the attached Review Appraiser's Certificate. This cost will be funded by a federal transportation grant (Congestion Mitigation, Air Quality / CMAQ) with a 13.5% match in local funds. Attachments PUD Easement Easement Location Plan Review Appraiser Certificate Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/02/2016 02:36 PM Engineering (Originator) Megan Luttrell 03/03/2016 09:21 AM Public Works Phil Williams 03/03/2016 10:54 AM Packet Page 77 of 278 City Clerk Mayor Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 03/03/2016 Scott Passey Dave Earling Scott Passey 03/03/2016 10:55 AM 03/03/2016 11:03 AM 03/03/2016 11:28 AM Started On: 03/02/2016 02:32 PM Packet Page 78 of 278 AFTER RECORDING, PLEASE RETURN TO: Public Utility District No. 1 of Snohomish County Manager, Real Estate Services P.O. Box 1107 Everett, Washington 98206-1107 E- WO#390398-06 ROW#10000020124 W#21207 DISTRIBUTION EASEMENT Grantor ("Owner"): Edmonds School District #15 Grantee: Public Utility District No. 1 of Snohomish County Frontier Communications Northwest, Inc. Short Legal Description: Ptns of NE'/4 of NE 14, S 30, T 27 N, R 4 E Tax Parcel No: 270430-001-048-00 THIS DISTRIBUTION EASEMENT ("Easement') is made this day of 201, by and between Edmonds School District No. 15, a Washington Municipal Corporation, also appearing as Edmonds School District No. 15 of Snohomish County, Washington ("Owner"), and Public Utility District No. 1 of Snohomish County, a Washington State municipal corporation ("District') and Frontier Communications Northwest Inc. The Owner, District and Frontier are sometimes referred to individually herein as "Party" and collectively as "Parties". The District and Frontier are collectively referred to as "Grantee". WHEREAS, Owner is the owner of certain lands and premises situated in the County of Snohomish, State of Washington, legally described as follows (hereinafter "Property"): SEE ATTACHED EXHIBIT A Situate in the County of Snohomish, State of Washington WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under, upon and through the Property. NOW, THEREFORE, the Parties agree as follows: 1. Distribution Easement. Owner, for good and valuable consideration, receipt of which is hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect, reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric distribution lines and facilities, Grantee -owned communication wires and cables, and other Packet Page 79 of 278 necessary or convenient appurtenances, across, over, and upon the following portion of Owner's Property (hereinafter "Easement Area"): SEE ATTACHED EXHIBIT A 2. Access To and Across Property. Grantee has the right of ingress to and egress from the Easement Area across the adjacent Property of Owner where same is reasonably necessary for the purpose of exercising its easement rights described in Section 1. 3. Owner's Reservation of Rights and Use of Easement Area. Owner reserves the right to use the Easement Area in a manner that does not interfere with the Grantee's use of the Easement Area, and/or present a hazard to Grantee's electric distribution lines and facilities, communication wires and cables, and other appurtenances. The Owner shall not construct or permit to be constructed any structures of any kind in the Easement Area without prior approval of the Grantee. 4. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said Easement Area and keep the same clear of all brush, debris and trees. 5. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee constitute a hazard to said lines and facilities, communication wires and cables, and other appurtenances or the Grantee's access thereto. Trees, brush or other growth shall be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen feet (15). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be trimmed or removed. 6. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and structures removed from the Easement Area and the Property pursuant to Sections 4 and 5 shall be vested in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by Owner as full compensation for said removed brush, debris, trees and structures. Owner shall be entitled to request fallen timber be set aside for Owner's personal use. Grantee shall make reasonable effort to set aside said fallen timber provided doing the same is safe in Grantee's sole opinion. Title to any fallen timber set aside in this manner shall revert to the Owner. 7. Restoration Provision. To the extent that Owner's Property is disturbed and/or damaged by Grantee's exercise of its rights hereunder, Grantee shall restore the condition of the Property as nearly as reasonably possible to its existing condition prior to said exercise of its rights. 8. Title to Property. The Owner represents and warrants having the lawful right and power to sell and convey this Easement to Grantee. 9. Binding Effect. This Easement and the rights and obligations under this Easement are intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs, successors and assigns. 10. Governing Law and Venue. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Easement shall lie in the Superior Court of Washington for Snohomish County, Washington. 11. Authority. Each party signing this Easement, if on behalf of an entity, represents that they have full authority to sign this Easement on behalf of such entity. Packet Page 80 of 278 12. Grantee Acceptance. By recording this Easement, Grantee hereby accepts all provisions set forth under this agreement. IN WITNESS WHEREOF, this instrument has been executed the day and year first above written OWNER(S): By: STATE OF WASHINGTON SS. County of Snohomish I certify that I know or have satisfactory evidence that and (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she is /they are) authorized to execute the instrument and acknowledged it as the anc of the Edmonds School District #15 to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: Name (typed or printed): NOTARY PUBLIC in and for the State of Washington Residing at My appointment expires: Packet Page 81 of 278 EXHIBIT A SNOHOMISH PUD EASEMENT LEGAL DESCRIPTION TAX PARCEL NO. 27043000104800 PARENT PARCEL: PARCEL A: THE NORTH 1/3 OF THE NORTH 2/3 OF THE EAST 3/4 OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M" RECORDS OF SNOHOMISH COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE WEST 997.6 FEET; THENCE SOUTH 295.0 FEET; THENCE EAST 997.8 FEET; THENCE NORTH 294.4 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO SNOHOMISH COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 189533; AND EXCEPT THE NORTH 40.0 FEET THEREOF CONVEYED TO CITY OF EDMONDS BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 8802090125, PARCEL B: BEGINNING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 27 NORTH, RANGE 4 EAST, W,M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON; THENCE SOUTH 294,4 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 997.8 FEET MORE OR LESS TO THE WEST LINE OF THE EAST 3/4 OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 590 FEET; THENCE EAST 998.1 FEET MORE OR LESS TO THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 588.8 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING; EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO SNOHOMISH COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 189533. PARCEL C: ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 27 NORTH, RANGE 4 EAST, W,M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 853.2 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 30, THE TRUE POINT OF BEGINNING; Packet Page 82 of 278 THENCE WEST 998.1 FEET MORE OR LESS TO THE WEST LINE OF THE EAST 3/4THS OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE EAST ALONG SAID SOUTH LINE TO EAST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID EAST LINE TO POINT OF BEGINNING; EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO SNOHOMISH COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 189533. ALL SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. SNOHOMISH PUD EASEMENT "A": A PORTION OF THE ABOVE DESCRIBED PARENT PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MONUMENTED CORNER COMMON TO SECTIONS 19, 20, 29, AND 30, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. THENCE NORTH 88051'32" WEST ALONG THE NORTH LINE OF NORTHEAST QUARTER OF SECTION 30 AND THE CENTERLINE OF 212TH STREET SOUTHWEST FOR A DISTANCE OF 181.00 FEET; THENCE SOUTH 1008'28" WEST FOR A DISTANCE OF 40.00 FEET TO THE SOUTH MARGIN OF SAID 212TH STREET SOUTHWEST; THENCE CONTINUING SOUTH 1008'28" WEST FOR A DISTANCE OF 6.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1009'34" WEST FOR A DISTANCE OF 22.00 FEET; THENCE SOUTH 88050'26" EAST FOR A DISTANCE OF 23.00 FEET; THENCE NORTH 1009'34" EAST FOR A DISTANCE OF 22.00 FEET; THENCE NORTH 88050'26" WEST FOR A DISTANCE OF 23.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 506 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF EDMONDS, SNOHOMISH COUNTY, WASHINGTON. SEE ATTACHED EXHIBIT `B" Packet Page 83 of 278 SNOHOMISH PUD EASEMENT "B": A PORTION OF THE ABOVE DESCRIBED PARENT PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MONUMENTED CORNER COMMON TO SECTIONS 19, 20, 29, AND 30, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. THENCE SOUTH 0035'03" WEST ALONG THE EAST LINE OF NORTHEAST QUARTER OF SECTION 30 AND THE CENTERLINE OF 76TH AVENUE WEST FOR A DISTANCE OF 118.92 FEET; THENCE NORTH 89024'57" WEST FOR A DISTANCE OF 30.00 FEET TO THE WEST MARGIN OF SAID 76TH AVENUE WEST; THENCE CONTINUING NORTH 89024'57" WEST FOR A DISTANCE OF 20.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88056'07" WEST FOR A DISTANCE OF 17.00 FEET; THENCE SOUTH 1003'53" EAST FOR A DISTANCE OF 31.00 FEET; THENCE NORTH 88056'07" EAST FOR A DISTANCE OF 17.00 FEET; THENCE NORTH 1003'53" WEST FOR A DISTANCE OF 31.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 527 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF EDMONDS, SNOHOMISH COUNTY, WASHINGTON. SEE ATTACHED EXHIBIT `B" Packet Page 84 of 278 212th ST SW 1, FOUND CONCRETE MON WITH BRASS RIVET IN CASE. 26+63.17 TPOB ESMT "A" SNOHO PUD STA 1+81.00,46.36'LT Parcel Line Table Line # Direction Length L1 S108' 28"W 40.00 L2 S1' 08' 28"W 6.36 L3 S1' 09' 34"W 22.00 L4 S88' 50' 26"E 23.00 L5 N1' 09' 34"E 22.00 L6 N88' 50' 26"W 23.00 L7 N89' 24' 57"W 30.00 L8 N89' 24' 57"W 20.01 L9 S88' 56' 07"W 17.00 L10 S1' 03' 53"E 31.00 L11 N88' 56' 07"E 17.00 L12 N1' 03' 53"W 31.00 B FOUND CONCRETE MON'--y _ WITH BRASS RIVET IN CASE r-- — 1+.00 — — 20 N88'51'32"W 181.00' 30 29 I� 0+00 c*' L6 ------ --- 100 Lin L4 SNOHO PUD ,ten STA 1+18.92, 30' M 50.01'RT o 0 + L9 L8 L7 O N 3 L11 I a II EDMONDS-WOODWAY HIGH SCHOOL I I PARCEL# I o 27043000104800 0 N I I a sa LEGEND ® SNOHOMISH COUNTY P.U.D. EASEMENT "A"=506 S.F. ® SNOHOMISH COUNTY P.U.D. EASEMENT "B"=527 S.F. --- EXISTING RIGHT—OF—WAY gjla 01/13/16 10:38am — P:\c\COED00000004\0400CAD\SV\DWG\Sheet\svEM08cot EXHIBIT B w-RCAVID DATE: 1-12-2016 DESIGN: gjla EVANS ANDASSOCIATES 'NO - FILE COED0004 /svEM08coed0004 DRAWN: gila 1620 W. Marine View Drive, Suite 200 Everett Washington 98201 Phone: 425,259,4099 Esmt.dwg II1 1 1 1 76TH AND 212TH ST SW SNOHOMISH PUD EASEMENT WOODWAY HIGH SCHOOL Packet Page 85 of 278 E 0 N N O I cfl N 19� 20 I m TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. T.P.O.B. ROMIO'S & BURGER KING TEMPORARY CONSTRUCTION EASEMENT MATCH T.P.O.B ROMIO S R.O.W ACQUISITION I I - - L28 - -L26 'LINE Al PARCEL NUMBER 00164300001607 �� N I I V THREE GRACES #3 LLC & CO `O I BURGER KING I PROPERTY OWNERS PORTERFIELD DEVELOPMENT LLCw w W PARCEL AREA 23,571 SF w ^ > ROW ACQUISITION AREA 539 SF N `n N � Q I PARCEL NUMBERS 00614300001602 00164300001605 PARCEL AREA REMAINING 23,032 SF c�i 0 04 0 0 0 1 = THREE GRACES #3 LLC & o - TEMPORARY z Z z I PROPERTY OWNERS PORTERFIELD DEVELOPMENT LLC o I N CONSTRUCTION 864 SF (� I PARCEL AREA 28,487 SF `V W > N N AREA ROW ROW ACQUISITION AREA 3643 SF Q w PARCEL AREA REMAINING 24,844 SF I I TEMPORARY C""' 5,_� CONSTRUCTION EASEMENT 2166 SF o 0 0 (TCE) AREA z o f 1 l Z � 212TH ST SW 19 2663.17' 30 �- - - - - N88'51'32"W 385.44' I I MI I T.P.0.6. JI oI TEMPORARY I JI CONSTRUCTION EASEMENT ---------I --- I � I L45 L41� I MATCH LINE B I _ I I N - - N I w I M O U 0 o z 5, I M I IN W a� > cc a W I _ 2 0 - o 0 I z I . I I I 215th ST SW T.P.O.B. PUD EASEMENT A P.U.D. EASEMENT A EDMONDS-WOODWAY HIGH SCHOOL PARCEL NUMBER 27043000104800 PROPERTY OWNER EDMONDS SCHOOL DIST. 15 PARCEL AREA 1,315,194 SF ROW ACQUISITION AREA 8662 SF PARCEL AREA REMAINING 1,306,532 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 3808 SF PUD EASEMENT A 06 SF P527 PUD EASEMENT B SF 1-30 I T.P.O.B. BURGER KING J R.O.W. ACQUISITION 19� 20 L39 30 �29 I I JI T.P.O.B. ACQUISITION I T.P.O.B. PUD EASEMENT B P.U.D. EASEMENT B --,, MATCH W J Q 1 17 o '^ N �i/ W 00 w 0 Ln r 0 O Z - - -L47- - N I N w M 0 �n M O I PARCEL NUMBER 00566900400706 PROPERTY OWNER STRICKLAND GC PROP. LLC PORTERFIELD DEVELOPMENT LLC PARCEL AREA 14,707 SF ROW ACQUISITION AREA 961 SF PARCEL AREA REMAINING 13,746 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 694 SF PARCEL NUMBER 00450400000201 PROPERTY OWNER ROEHL & STAFFORD PARCEL AREA 19,169 SF ROW ACQUISITION AREA 1634 SF PARCEL AREA REMAINING 17,535 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1261 SF j LINE B I NORTH 0 15 30 60 SCALE:1 "=30' PARCEL LINE TABLE LINE # DIRECTION LENGTH L1 S01'09'36"W 9.12 L2 N40'12'15"E 30.90 L3 N89'01'44"W 4.61 L4 S00'58'16"W 91.99 L5 S14'58'22"W 39.91 L6 S88'51'32"E 34.68 L7 N45'55'42"E 11.27 L8 N43'40'49"W 11.43 L9 N00'42'57"E 25.35 L10 S41'06'29"E 39.67 L11 S88'50'53"E 98.51 L12 S79'45'54"E 40.12 L13 S46'15'14"W 11.18 L14 S78'38'55"W 16.83 L15 S88'03'54"E 5.00 L16 N20'46'27"W 26.87 L17 S45'26'02"E 29.15 PARCEL NUMBER 00566900400703 PROPERTY OWNER STRICKLAND GC PROP. LLC PORTERFIELD DEVELOPMENT LLC PARCEL AREA 6429 SF ROW ACQUISITION AREA 169 SF PARCEL AREA REMAINING 6260 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 250 SF PARCEL NUMBER 00738800020600 PROPERTY OWNER 7500 BUILDING LLC-CONDO PARCEL AREA 40,396 SF ROW ACQUISITION AREA 272 SF PARCEL AREA REMAINING 40,124 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 739 SF PARCEL LINE TABLE LINE # DIRECTION LENGTH L18 S88'50'26"E 76.64 L19 S01'09'35"W 18.00 L20 N56'18'10"E 18.73 L21 S88'51'32"E 10.54 L22 S01'08'28"W 17.00 L23 S88'59'12"E 64.89 L24 S89'30'00"E 58.82 L25 S0035'03"W 3.67 L26 N88'51'32"W 6.39 L27 NO2'53'21"E 45.15 L28 S89'17'03"E 30.00 L29 N00'42'57"E 38.22 L30 S89'17'03"E 30.00 L31 S88'50'53"E 9.37 L32 S88'04'36"E 48.94 L33 N00'37'02"E 5.67 L34 S01'55'24"W 30.00 20 29 PARCEL LINE TABLE LINE # DIRECTION LENGTH L35 N01'55'24"E 30.00 L36 N01'08'28"E 40.00 L37 N01'08'28"E 40.00 L38 N88'51'32"W 181.00 L39 N88'51'32"W 29.61 L39 N88'51'32"W 29.61 L40 N01'08'28"E 40.00 L41 N01'08'28"E 6.36 L42 N01'09'34"E 22.00 L43 S88'50'26"E 23.00 L44 N01'09'34"E 22.00 L45 S88'50'26"E 23.00 L46 N0035'03"E 118.92 L47 S89'24'57"E 30.00 L48 S89'24'57"E 20.01 L49 N88'56'07"E 17.00 L50 N01'03'53"W 31.00 L51 N88'56'07"E 17.00 L52 S01'03'53"E 31.00 CURVE TABLE CURVE NO. DELTA RADIUS LENGTH Cl 78'03'51" 25.00 34.06 LEGEND EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY TEMPORARY CONSTRUCTION EASEMENT RIGHT OF WAY ACQUISITION PUD EASEMENT LINE Packet Page 86 of 278 Review Appraiser's Certificate No. 2 Parcel: Tax Parcel #27043000104800 in Snohomish County, WA Owner: Edmonds School District #15 Federal Aid: unknown Project: 76th Avenue W. and 212th Street SW Intersection Improvements From: The Granger Company, Review Appraisers Map Sheet: 1 of 1 Sheets To: City of Edmonds Map Approved: 9-9-2014; 11-12-2014 Last Map Revision: circa 1-4-2016 redline The following appraisals have been made on this larger parcel and are the subject of this Review Certificate #2: APPRAISER VALUE BEFORE AFTER VALUE ALLOCATION NAME DATE VALUE VALUE DIFFERENCE Taking Damages Spec. Ben. 1. J. Price/ G. Price 3-6-2014 $22,723,300 $22,531,200 $192,100 $192,100 none none The following prior Review Certificates have been made on this larger parcel and are the subject of this Review Certificate #2: REVIEWER REVIEW BEFORE AFTER VALUE ALLOCATION NAME DATE VALUE VALUE DIFFERENCE Takinc Damages Spec. Ben. 1. J.H. Granger 10-1-2014 $22,732,200 $22,531,000 $201,200 $201,200 none none Appraisal Review Comments and Conclusions: The purpose of this Review Certificate #2 is to address the redline map revision dated circa 1-4-2016. Said map revision adds two permanent utilities easements for the local PUD. Joseph H. Granger retired 1-1-2016, so this reviewer consulted with him and his Review_ Certificate #1 in order to perform this Review Certificate #2. The proposed utility easements are in two rectangles, one containing 506 SF located along the subject's 212th Street SW frontage, and the other being 527 SF located along the subject's 76th Avenue W frontage. The total area is thus 1,033 SF for the two permanent utilities easements for the local PUD. These two easements are for subterranean wires/conduits and surface power cabinets/panels. Located within these takes is landscaping. Appraisers in the local area usually use 90% of the fee value for such surface/subsurface easements. The Project will replace taken landscaping where possible. All else remains as per Review Certificate #1. There are no personalty (chattel) items or tenant -owned realty items affected by the takings/project. The appraisal and this review use the correct methods and techniques. The market data in the appraisal and attached to this review are adequate and appropriate to solve the appraisal problem. The conclusions of value reached in the appraisal and in this review are reasonable and fit the market evidence. R.F. Duncan, AMI, Reviewer Page I of 6 Parcel: Edmonds—Woodway High School Packet Page 87 of 278 REVIEWER'S DETERMINATION OF VALUE 112: DETERMINED VALUE BEFORE ACQUISITION: $ 22,732,200 (Strip Appraisal Procedure) DETERMINED VALUE AFTER ACQUISITION: $ 22,515,000 DETERMINED VALUE DIFFERENCE: $ 217,200 ESTIMATED JUST COMPENSATION IS $ 217,200 AS OF 2-16-2016 Reviewer's Allocation of Just Compensation: Acquisition: Land Taken in Fee: 8,662 SF @ $17.25 per SF Permanent Utilities Easements (PUD): 1,033 total SF @ $17.25 per SF @ 90% Temporary Constr. Esmt (TCE): 3,808 SF @ $17.25 per SF @ 10%/yr @ 1 yr Improvements Taken: cost new of taken landscaping and sign Damages: none (see assumptions concerning sprinklers and landscaping) Special Benefits: none Total Just Compensation this larger parcel APPRAISAL REVIEW SALIENT INFORMATION $ 149,500 (R) $ 16,000 (R) $ 6,600 (R) $ 45,100 (R) $ 0 ($ 0) _ $ 217,200. Property Rights Appraised Unless specified otherwise in this review, the property rights appraised constitute the fee simple interest. Date of Value The effective date of the value opinion for the property in this review is March 6, 2014. Competency of Reviewer The undersigned reviewer has the knowledge and experience required to competently perform this review; a detailed resume is available upon written request. The undersigned reviewer is approved by the Federal Highway Administration (FHWA) and the Washington State Department of Transportation (WSDOT), lead agency for all eminent domain appraisal matters, to perform fee appraisal reviews for all public agencies and quasi -public agencies in Washington State. The undersigned reviewer is a WA state certified appraiser holding the General classification #1100496 and is on the WSDOT List of Approved Fee Reviewers. Purpose of this Review Overall, the purpose is to estimate the total Just Compensation due the owner for the taking of privately owned real property for the public project identified. For a partial taking, this is done by: estimating the Fair Market Value of the subject Larger Parcel in the Before Situation; estimating the Fair Market Value of the subject Larger Parcel in the After Situation; then subtracting the latter from the former. When a larger parcel's major improvements are unaffected by the taking/project, a Strip Appraisal Procedure is allowed under the jurisdictional exception wherein the major improvements need not be valued. R.F. Duncan, MAI, Reviewer Page 2 of 6 Parcel: Edmonds—Woodway High School Packet Page 88 of 278 Use of this Review This review estimates Just Compensation due the owner and will be used to establish the first offer amount to be made to the owner by the City of Edmonds/its agents (client). Scope of this Review Those commonly recognized valuation methods and techniques most appropriate for valuing the subject Larger Parcel were done in this review. This review involved a reasonably detailed inspection of the subject property, the subject neighborhood, and surrounding/competing neighborhoods. Sales and listings of competing properties were investigated before any conclusions of value were made. Unless otherwise stated above, the Income and Cost Approaches to value were not employed in this review because the Sales Comparison Approach is sufficient to solve the subject appraisal problem. Definition of the Larger Parcel The "Larger Parcel" is the parent parcel; it is the real property that is the subject of this review. It is that real property that has Unity of Use, Unity of Ownership, and Contiguity. Definition of Fair Market Value "Fair Market Value" is the amount in cash which a well-informed buyer, willing but not obliged to buy the property, would pay, and which a well-informed seller, willing but not obligated to sell it would accept, taking into consideration all uses to which the property is adapted and might in reason be applied. (Washington Pattern Instruction 150.08). Definition of Cash Equivalent A price expressed in terms of cash (money) as distinguished from a price which is expressed all or partly in terms of the face amount of notes or other securities which cannot be sold at their face amount. Market data in this review are compared to the subject on an all cash basis to satisfy the definition of Fair Market Value. R.F. Duncan, AMI, Reviewer Page 3 of 6 Parcel: Edmonds—Woodway High School Packet Page 89 of 278 APPRAISAL REVIEW ASSUMPTIONS and LIMITING CONDITIONS 1. The property description supplied to the reviewer is assumed to be correct; 2. No surveys of the properties have been made by the reviewer and no responsibility is assumed in connection with such matters; 3. No responsibility is assumed for matters of a legal nature affecting title to the properties, nor is any opinion of title rendered. Property titles are assumed to be good and merchantable. 4. Information furnished by others is assumed to be true, correct, and reliable. A reasonable effort has been made to verify such information; however, no responsibility for its accuracy is assumed by the reviewer; 5. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless so specified in review. The property is assumed to be under responsible ownership and competent management; 6. It is assumed that there are no hidden or unapparent conditions of the property, its subsoil, or its structures which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering or testing which may be required to discover them; 7. Unless otherwise stated, the existence of hazardous material, which may or may not be present in or on the property, was not observed by the reviewer. The reviewer has no knowledge of the existence of such materials on or in the property. The reviewer, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea - formaldehyde foam insulation, or other potentially hazardous/toxic materials may affect the value of the property. The value estimate in this review is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for the expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field if desired; 8. Unless otherwise stated, no environmental impact studies were either requested or made in conjunction with this review, and the reviewer hereby reserves the right to alter, amend, revise, or rescind any of the value opinions based upon any subsequent environmental impact studies, research, or investigation; 9. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is specified, defined, and considered in this review; 10. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless nonconformity has been specified, defined, and considered in this review; 11. It is assumed that all required licenses, consents, or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this review are based; 12. The reviewer will not be required to give testimony or appear in court because of having made this review unless arrangements have been previously made therefor; 13. Possession of this review or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the client without the written consent of the reviewer and in any event, only with properly written qualification and only in its entirety; 14. Neither all nor any part of the contents of this review, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales, or any other media without written consent and approval of the reviewer. Nor shall the reviewer, client, firm, or professional organization of which the reviewer is a member be identified without the written consent of the reviewer; 15. The liability of the reviewer, employees, and subcontractors is limited to the client only. There is no accountability, obligation, or liability to any other party. If this review is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. The reviewer is in no way responsible for any costs incurred to discover or correct any deficiencies in the properties; 16. It is assumed that the public project which is the object of this review will be constructed in the manner proposed and in the reasonably foreseeable future. It is also assumed herein that the landscaping irrigation system will be mitigated on the remainder with project construction funds (if affected) and landscaping in the PUD easements will be replaced where possible by the project; 17. Acceptance and/or use of this review constitutes acceptance of the foregoing assumptions and limiting conditions. R.F. Duncan, MI, Reviewer Page 4 of 6 Parcel: Edmonds—Woodway High School Packet Page 90 of 278 CERTIFICATE OF REVIEW APPRAISER I, the review appraiser, certify to the best of my knowledge and belief: The facts and data reported by the review appraiser and used in the review process are true and correct. 2. The analyses, opinions, and conclusions in this review report are limited only by the assumptions and limiting conditions stated in this review report, and are my personal, unbiased professional analyses, opinions, and conclusions. 3, I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. I have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. 5. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this review report. 7. Appraisal #1 and my analyses, opinions, and conclusions were developed and this review report were prepared in conformity with the Uniform Standards of Professional Appraisal Practice and with the Uniform Appraisal Standards for Federal Land Acquisitions. Joseph H. Granger personally inspected the subject property of the appraisal under review on September 28, 2014. No one provided significant appraisal, appraisal review, or appraisal consulting assistance to the person signing this certificate other than Joseph H. Granger. I further certify that if this review is to be used in conjunction with a Federal Aid Highway Project or other federally funded project, none of the approved just compensation herein is ineligible for Federal reimbursement. Signature: Date Signed: February 16 2016 Richard F. Duncan, MAI, Review Appraiser, Washington State Certified Real Estate Appraiser: General, # 1100496 R.F. Duncan, ALAI, Reviewer Page S of 6 Parcel: Edmonds—Woodway High School Packet Page 91 of 278 CONCURRENCE and AUTHORIZATION for PAYMENT of JUST COMPENSATION The City of Edmonds does hereby indicate concurrence with the above certification and does authorize further action by its staff/agents to proceed according to established procedures with the acquisition of the property. I . I have no present or prospective personal interest in the property that is the subject of this report. 2. I have no personal interest or bias with respect to the parties involved. 3. My compensation is not contingent on an action or event resulting from this report. z/161f Date Date Date R.F. Duncan, AMI, Reviewer Page 6 of 6 Parcel: Edmonds—Woodway High School Packet Page 92 of 278 AM-8382 5. A. City Council Meeting Meeting Date: 03/08/2016 Time: 5 Minutes Submitted By: James Lawless Department: Police Department Type: Potential Action Information Subiect Title Amendment to ECC 5.34.010 Adopting RCW 9.61.260 (Cyberstalking) By Reference Recommendation Staff recommends and requests approval of the proposed ordinance amendment via the Consent Agenda. Previous Council Action N/A Narrative ECC 5.34.010 addresses assault and other crimes involving physical harm and was last updated/amended in 1993. Contained in this section are various Washington State statutes (RCW) that have been adopted by reference, allowing offenses involving those statutes to be cited into Edmonds Municipal Court. In 2004, the crime of "Cyberstalking" (RCW 9.61.260) was enacted by the Legislature in order to address evolving technology and its utilization in the commission of certain crimes. It appears that RCW 9.61.260 was never added to ECC 5.34.010, allowing for its adoption by reference. That attached ordinance corrects this by adopting RCW 9.61.260 (and all future amendments) by reference, thus allowing for these cases to be heard in Edmonds Municipal Court. This ordinance was prepared by the City Attorney's Office and has been approved as to form. Attachments DRAFT Ordinance Adopting Cyberstalking Statute by Reference Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: James Lawless Final Approval Date: 03/03/2016 Form Review Date 03/02/2016 03:47 PM 03/03/2016 08:26 AM 03/03/2016 08:38 AM Started On: 03/02/2016 11:15 AM Packet Page 93 of 278 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CONCERNING ADOPTION OF THE CYBERSTALKING CRIMINAL STATUTE BY REFERENCE; PROVIDING FOR SEVERABILITY; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds ("City") has jurisdiction to prosecute gross misdemeanors within the City; and WHEREAS, the Municipal Court of the City ("Municipal Court") has jurisdiction to adjudicate only citations for criminal violation that violate City ordinance or Edmonds City Code ("ECC"); and WHEREAS, the City may, by reference, adopt non -felony criminal codes in the Revised Code of Washington ("RCW") into the ECC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amended. ECC 5.34.010 Assault and other crimes involving physical harm. is hereby amended to read as follows (new language underlined): 5.34.010 Assault and other crimes involving physical harm. The following statutes of the state of Washington, including all future amendments, are adopted by reference as if set forth in full herein: RCW 9A.36.041 Assault in the fourth degree 9A.36.050 Reckless endangerment 9A.36.070 Coercion 9A.46.110 Stalking 9.61.230 Telephone calls to harass/ intimidate/torment/embarrass 9.61.240 — Permitting telephone to be used for such 9.61.250 — Offenses — Where deemed committed 9.61.260 Cyberstalking Packet Page 94 of 278 Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. /.\»:Z6]LTAC10 i MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 95 of 278 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2016, the City Council of the City of Edmonds, passed Ordinance No. . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CONCERNING ADOPTION OF THE CYBERSTALKING CRIMINAL STATUTE BY REFERENCE; PROVIDING FOR SEVERABILITY; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 2016. CITY CLERK, SCOTT PASSEY 3 Packet Page 96 of 278 AM-8381 City Council Meeting Meeting Date: 03/08/2016 Time: 5 Minutes Submitted By: Renee McRae Department: Parks and Recreation Type: Forward to Consent Information Subiect Title 2016 Special Event Contracts 5. B. Recommendation Forward the contracts to the consent agenda for approval at the March 15, 2016 City Council meeting. Previous Council Action None Narrative Annually the City Council reviews and authorizes the Mayor to sign the special event contracts. There are no significant changes to the Edmonds Arts Festival, 4th of July Parade and Fireworks Display, or the Taste of Edmonds contracts. The Garden Market will be moving from the Public Safety Parking Lot to Bell Street, between 5th and 6th Avenue. This change was made in anticipation of the construction of the Edmonds Veterans Plaza. This change is reflected in 1.1 of the 2016 contract. The Classic Car Show is expanding from 5th Ave S east on Dayton Street just past 529 Dayton Street. This change is reflected in 1.1 (bullet 6) of the 2016 contract. EAF contract July 4 contract Taste contract Market contract Car Show contract Attachments Form Review Inbox Date 03/02/2016 11:53 AM 03/02/2016 01:22 PM 03/02/2016 03:47 PM Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Packet Page 97 of 278 Form Started By: Renee McRae Started On: 03/02/2016 10:52 AM Final Approval Date: 03/02/2016 Packet Page 98 of 278 CONTRACT CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED June 9-June 22, 2016 The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the "Parties"). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival which provides educational and artistic benefits to the citizens of Edmonds; WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds' artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City. (Certain Festival Association obligations included). 1.1 From 10:00 p.m., June 9 to 5:00 p.m., June 21, 2016, the City shall provide Rooms 206, 207, 208, 209 (parallel bars will not be taken down), 112, 113, 114, 115, and 123 of the Frances Anderson Center. The Frances Anderson Center gym shall be provided from 1:00 p.m., June 9 to 12:00 midnight, June 20, 2016. Gym shall be available for use by 8:30 a.m., Tuesday, June 21, 2016. Under no circumstances shall the Festival Association have access to the Sculptor's Workshop, Rooms 210 and 211. 1.2 The City shall provide the Edmonds Plaza Room from 8:30 a.m., Thursday, June 9 until 12:00 midnight, Monday, June 20, 2016 at which time the Festival Association agrees to have the carpet professionally cleaned so that it is dry and ready for set up at 8:30 a.m., Tuesday, June 21, 2016. 1.3 All of the rooms identified herein shall be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that shall be located therein. The City shall make its best efforts to limit foot traffic not related to the Festival Association activities to a minimum. Two sets of the required keys plus three additional room keys will be checked out to the Festival Association President, or designee, who shall be responsible for security of all Festival Association displays and supplies. The Packet Page 99 of 278 Festival Association may cover the vending machines from 12:00 noon, June 15 through June 19, 2016. 1.4 During the evening of June 15, 2016, the Festival Association shall have exclusive control of the hallways serving the rooms it is allowed to use for that evening starting at 5:00 p.m. During this time, the Festival Association shall hold the pARTy from 5:30 p.m. to 12:00 midnight. The Fire Marshall will do an inspection of the tented area prior to the start of the party for life safety issues. Alcoholic drinks may be served at the pARTy, so long as the Festival Association obtains all required state licenses and approvals to serve alcohol. The lighted display shall be reserved for the use of the Festival Association. The City shall provide ample trash cans for the evening of June 15, 2016. Clean up is the responsibility of the Festival Association. 1.5 The City shall provide the Frances Anderson ballfield, playfield, courtyard and amphitheater, and the Edmonds Plaza from Noon, June 15 through midnight, June 20, 2016. The playfield shall be provided for Artwork Booths. It is recognized that the City may choose to sprinkle the field prior to the Edmonds Arts Festival to reduce dust as watering the field is the only means the City has to control dust. The sprinkling system shall be turned off by 8:00 a.m., June 15, 2016. The Festival Association agrees to reduce the size of the infield cover to cover the infield only. In addition to the Playfield, the Festival Association shall be provided the paved area west of the outdoor stage for the food concession area. The Library Plaza to the west of the Anderson Center shall be used for special functions suitable to the area. The Festival Association shall utilize and shall be provided up to fifteen (15) picnic tables at the concession area and up to fifteen (15) garbage cans around the outside area, and shall provide the City with a schematic drawing of where the garbage cans and picnic tables are to be placed by June 2. The Festival Association shall provide two volunteers for eight hours each to assist with the moving and placement of picnic tables and garbage cans and shall provide a truck and volunteers to move and set up the information booths. The Festival Association shall be responsible for providing a dumpster for trash and grease traps for waste water disposal. The Festival Association shall provide the City with a list of supplies (trash can liners, paper towels, etc.) which the City shall order. The Festival Association will pay the invoices for all supplies in a timely fashion. The City shall check the stage to insure that it is in safe and usable condition. 1.6 Eighth Avenue shall be closed between Main Street and Dayton Street for an additional food concession area and eating tables from 8:00 a.m., June 15, through 12:00 noon, June 20, 2016. The City shall provide and install safety barriers at both ends of the closed street. The Festival Association shall obtain a street closure permit as a part of its obligations under paragraph 2.9. 1.7 Except as provided below, the Festival Association shall have exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 15 through June 20, 2016, provided, however, that the Festival Association shall provide nine parking permits and marked stalls for Library staff/patrons, which include three handicapped parking stalls. The Dayton Street book drop and the Library receiving area must remain open at all times. The City shall provide official handicapped parking signs. One 2 Packet Page 100 of 278 load/unload space each will be marked on Dayton and Main Street, and up to two spaces on 8th Avenue. 1.8 The Festival Association shall have exclusive use of the Civic Center dirt soccer/football field (excluding all turf areas) from 2 p.m., June 15 until 8 a.m., Monday, June 20, 2016. The field will be used exclusively for all -day parking of exhibitors and staff. Entrance adjacent to Boys & Girls Club prohibited except in an emergency. 1.9 The City shall install Edmonds Arts Festival street banners at all approved sites. One additional banner on the east wall of the Frances Anderson Center will be installed by the City. 1.10 The City shall provide fifteen (15) amps of electrical service to each duplex outlet: the Festival Association must supply any additional power. A Festival Association representative and a City representative from Public Works will meet prior to June 9, 2016, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying PUD of hookups and scheduling inspection of temporary panels. The Festival Association must have temporary panels and power poles removed by 12:00 Noon, Wednesday, June 22, 2016. The Festival Association shall not draw power from the Frances Anderson Center. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and shall not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the Parties acknowledge that, pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association shall permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. 3 Packet Page 101 of 278 2.4 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.5 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 The Festival Association shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Festival Association's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Festival Association of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.7 The Festival Association shall provide a Certificate of Insurance evidencing insurance written on an occurrence basis with limits no less than $3,000,000 combined single limit per occurrence and $3,000,000 aggregate for personal injury, bodily injury and property damage. The City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City shall be named as an insured on the Festival Association's General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Festival Association's insurance coverage shall be primary insurance. Any insurance, or insurance pool coverage maintained by the City shall be in excess of the Festival Association's insurance and shall not contribute to it. The Festival Association shall provide a certificate of insurance evidencing the required insurance before using the premises described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.8 Displays and artworks shall not be hung from conduits or sprinkler pipes. Exits and exit signage shall not be obstructed except with specific approval of the Fire Marshal or his designee. Nothing shall be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association shall be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes shall be used on grassy areas of the Plaza. A Festival Association representative shall meet with a member of the City's Parks and Recreation Department prior to June 9, 2016 and on June 22, 2016 to inspect the facility to 4 Packet Page 102 of 278 document the "original" and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. 2.9 The Festival Association shall be responsible for picking up all trash and removing all items and equipment related to the Edmonds Arts Festival by 5:00 p.m., June 21, 2016. This includes the grounds as well as the buildings. The City shall provide the Festival Association with one mop, pail, and broom to use for cleanup, supplies for the toilet facilities, and keys to dispensers. The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from 5:00 pm, June 15 to 5:00 pm, June 20, 2016. 2.10 The Festival Association shall provide manpower to assist relocating City equipment and furniture to the storage rooms; date and time TBA prior to June 9, 2016. Also, City clients shall have access to the weight room (200A) for drop -in use up until 1:00 p.m., Wednesday, June 15, 2016, and starting again at 8:30 a.m., Tuesday, June 21, 2016. The clients shall use the alternate Main Street entrance (no access through the gym). The City shall secure the hallway between the gymnasium and the weight room by 12:00 noon, Friday, June 10. The hallway must be opened by 2:00 p.m., June 15 and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.11 The Festival Association shall be responsible for all required city and state permits. The Festival Association shall submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.12 The Festival Association shall post "NO DOGS" signs on the Edmonds Arts Festival grounds and the Civic Center Field as per City Ordinance. The Festival Association shall notify vendors of this ordinance as part of their registration instructions, and also inform vendors that this ordinance will be enforced. This provision shall not apply to service animals for the disabled. 2.13 The Festival Association shall be responsible for cleaning rugs, floors, stairs, and otherwise restoring the buildings to their original condition, including professional cleaning of the Plaza Room carpet, rooms 201, 209, 112, 114 and main floor hallway, elevator lobby and ramp. The Festival Association shall pay for special cleaning of all paved food concession areas, restore all areas to their original condition, and wash east -facing windows on the first and second floor of the Frances Anderson Center by 4:00 p.m., Wednesday, June 22. (Care must be taken particularly with the Daycare windows below ground level which have exhaust fans that are not able to be sealed). The Festival Association shall hot water power wash the Plaza and all pedestrian walkways around the amphitheater and Frances Anderson Center as well as the Library Plaza area and steps to the Library parking lot. The Festival Association will be responsible for installing drain guards on all affected storm drains prior to the beginning of the Edmonds Arts Festival, and for removing them after clean-up is complete. Drain guards will be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. Disposal of waste water shall be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. 5 Packet Page 103 of 278 2.14 The Festival Association shall provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative shall inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 9, 2016 and any potential problems will be noted and reported to the City prior to Fire Marshall's briefing. At 9:00 a.m., June 17, 2016 Fire Marshal shall brief designated representatives of the Festival Association of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Anderson Center and Edmonds Plaza Room. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.15 The Festival Association shall insure that: 2.15.1 Kilns, barbecues, forges and other sources of heat shall be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area shall be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers shall be listed and labeled for flame resistance. 2.15.2 Vehicles shall only be allowed on turfed areas to load and unload, with adjacent streets and Civic Center Soccer Playfield (dirt field) used for parking during the Edmonds Arts Festival. Food Court concessions will use the Main Street entrance for loading and unloading. The Festival Association shall notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 2.15.3 The Festival Association will provide gate control and parking supervision to ensure orderly and efficient parking, and restrict parking to the sand/dirt surface within the track area. Use of the jogging track, tennis courts, softball field, and Boy' & Girls' Club activities should not be impacted. The Festival Association may be charged time and/or materials to return the area to its original condition. 2.16 The Festival Association shall submit a cleaning/damage deposit of $1,000.00 to the City prior to May 12, 2016. The deposit shall be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.17 The Festival Association shall pay the City a fee of $6,600.00 ($5,960 for Anderson Center, under stage storage, Plaza Room and environs and $640 for Civic Field) for the use and services of the above mentioned facilities in this Contract, pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. All fees are due by May 12, 2016. 2.18 Notices. All requests for additional services and concerns of the Festival Association shall be directed by the Festival Association President to the City's designated representative, Ren6e McRae (425.771.0232). 6 Packet Page 104 of 278 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force ma'el ure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Festival Association shall be deemed to be the same of the City for any purpose. The Festival Association alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of , 2016. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION U51a David O. Earling, Mayor Its: Date: ATTEST/AUTHENTICATED Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 105 of 278 CONTRACT THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE Monday, July 4, 2016 The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as "City") and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber proposes to conduct a public celebration honoring Independence Day - 4th of July through a parade and fireworks display; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this Agreement in order to enhance the safety of the public celebrations for its citizens and to offer a reasonable alternative to the use of private fireworks which the Council finds in many situations to be unsafe; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City City shall provide: 1.1 Use of City streets as diagrammed in Exhibit A - Parade Route, for parade to occur on July 4, 2016. City will provide traffic barriers and will set up and take down City's sound system to be located at the Edmonds Theater. City shall put up banners at approved sites. 1.2 Use of Civic Center Playfield for setup to start at 8:00 a.m. on July 3, and Fireworks to occur at approximately 10 p.m., July 4, 2016. 1.3 Use of 6th Avenue South between Bell Street and Sprague Street from 6:00 p.m. until 11:00 P.M. 1.4 Barricades at 6th Avenue South and Bell and 6th Avenue South and Sprague. 1.5 A power hookup at the west end of the grandstand and power for the band. 1.6 Access to and instruction on the operation of the stadium lights. A City representative will meet with a Chamber representative prior to Friday, July 1, 2016 to provide such instruction, and will ensure that the stadium lights are operative. 1.7 Two signs at each entrance to the Park indicating no fireworks or alcohol allowed. 1.8 Clean up and removal of the sand from the pyrotechnic display area. Packet Page 106 of 278 2. Responsibilities of the Chamber 2.1 To assume all responsibility for coordination of the 4th of July Parade, including but not limited to hiring off -duty police officers to police the route and assuring that all participants are informed of and abide by the parade rules to insure that no participants draw people viewing the parade onto the parade route. 2.2 To obtain the necessary Street Banner Application (from Public Works 425-771- 0235) and Parade Permit (Police Department 425-771-0200). Fees for the preceding two permits will be waived for this event. A Street Use Permit is not needed. Chamber will ensure that pyrotechnic provider submits Application for Fireworks Display Permit accompanied by a $30.00 public display permit fee (Fire Marshal 425-771-0215). A copy of their State pyrotechnic license shall be provided with their application. The Chamber shall obtain ASCAP and any other copyright licenses necessary. 2.3 To provide for security and sani-cans along the parade route and fireworks display. 2.4 To pick up, deliver, and return to storage in City Park gazebo and Parks Maintenance area all needed 3' X 10' and 10' X 10' staging sections. 2.5. To hook up electrical power made available by the City at the west end of the grandstand. 2.6 To meet with a City representative prior to Friday, July 1, to be given instructions on the operation of the stadium lights. 2.7 To install fencing that clearly delineates spectator areas from fireworks staging areas. 2.8 To provide 10 yards of sand for the pyrotechnic display. 2.9 To assume all responsibility for fireworks display. A State -licensed pyrotechnics operator shall abide by local ordinances and make necessary permit applications for local approval. State guidelines and operational requirements shall be adhered to for safe operation of fireworks. 2.10 To authorize a maximum of three stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route, and no more than twenty vendors will be authorized on 6th Avenue South between Bell Street and Sprague for the evening fireworks. Vendors shall operate at specified locations and shall not block park entrances or fire hydrants. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2.11 To provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the Packet Page 107 of 278 limits of the insurer's liability. The City shall be named as an insured on the Chamber's General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber's insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber's insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the 789 required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than ANII. 2.12 To remove all garbage to the size of a cigarette butt, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. 2.13 The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City -Provided Site during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference. 2.14 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.15 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Chamber will place clearly marked recycling containers throughout the event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.16 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.17 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. K Packet Page 108 of 278 2.18 The Chamber shall be responsible to restore all public spaces to their original condition, including removing and disposing of any and all litter and trash. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of CITY OF EDMONDS: David O. Earling, Mayor ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2016. GREATER EDMONDS CHAMBER OF COMMERCE: Greg Urban, President and CEO a Packet Page 109 of 278 Rh Greater Edmonds Chamber of Commerce 4th of July Main Parade Route Cnric � ceme� e Bo s & Playfield a+ m G rs lu6 6th 0 xxxx Barricades Main Parade Route - Public Restrooans Public Phones ® Parade Announcers 7th Pu61ic 5 afety C om p lex r d E 11 d � a � a 9 xx x x x x xx x x in } Q it jD s 5 it xx am 3rd ME 2nd Greater Edmonds Chamber of Commerce 4th of July Children's Parade Route L Civic — Center — 6o s 8 Play�el lub 6th Pgd Sound PLblic CYrls[lan suety Cdl a Complex �a xxxx Barricades n E xx IE � �a xx xxxxx x x Chlldre Parade Check- x f- o 4th Children's Parade Route "' �m *fi Public Restrooms xx 3rd xx �} Public Phones �h ® Paz•adeetuufounca•s � 2� J2 Packet Page 110 of 278 41'' of July Parade Participant's Map Par ki ng for Parade Support Yehides = p P ❑ long east ode Parade participants a of 7th Avenue i MUST approach ,} Ch eck- In fr.m Caspers Check - In ❑uc and 7th 9 g Playfid m � � a � XE 5th E Pr61ic C Safety & � Carryle: H L .�/� xa� 1 ,. ah ❑� 7XXX Roadclosureb ricades �- Parking for Support VehiclesM�rRye Parade Staging Area bid ■ NG PA R h IN G(ch—h or church pale rg ld) Greater Edmonds Chamber of Commerce 41h of July Fireworks and Evening Festivities Civic Stadium — n els n nier Uhrar 4rlong _ tnt U a Club ❑ bth 6th Pu yet So and Public Christie n Safety calleu a Complex 5M 41h Vendor Area _ on 6t" Ave. N Civic Center Playfield Up to twenty vendors will be on the east and west side of �6. tt, a They will not block entrances or fire hydrants. 6 Avenue W m 6 Packet Page 111 of 278 CONTRACT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 9-16, 2016 The following is an agreement ("Agreement") between CITY OF EDMONDS (hereinafter referred to as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the "Chamber") (collectively, the "Parties"). WHEREAS, the Greater Edmonds Chamber of Commerce has for a number of years conducted a public event known as "A Taste of Edmonds" and proposes to do so again in 2016; WHEREAS; the City Council finds that A Taste of Edmonds provides distinct benefits to the City by showcasing Edmonds' restaurants and other local businesses while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities and Rights of City 1.1 City shall provide use of surfaces on Civic Center Field (excluding the tennis courts), Bell Street including Centennial Plaza between 5th & 6th Avenues, and 6th Avenue from Main Street north to Daley Street, and south approximately 80' to first drive on west side for use by Chamber for the "Taste of Edmonds" event (the "Event"), so as to allow for the following: (a) The Event setup shall begin on Wednesday, August 9, 2016, at 7:00 a.m. Barricades to be in place at 7:00 a.m. (b) All surfaces listed shall remain available to the "Taste of Edmonds" until final cleanup by Tuesday, August 16, 2016, at noon. (c) City shall designate eight (8) additional handicapped parking spaces to be located in an area to be agreed upon by City and Chamber officials. 1.2 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. 1.3 Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 10:00 a.m., August 12, 2016, as the Parties shall agree and note all potential Packet Page 112 of 278 problems. Prior to the opening of the Event, Chamber shall correct all problems related to fire safety. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, any violation or other condition that threatens life, health or property has not been corrected. 1.4 City shall provide barricades and barricade placement and removal for the Event. 1.5 City shall provide padlocks as required on location for tennis courts and other areas from which public access is restricted during the Event. City shall also provide removal of the padlocks. 1.6 City shall provide water access behind the opening between booths 187 and 188 for use by the food vendors. 1.7 City shall provide access to storage area of portable stage to beer garden at time of stage installation and at time of stage removal. 1.8 City shall provide basketball hoop removal and re -installation on basketball courts located near the Boys & Girls Club building. 1.9 City shall install Taste of Edmonds street banners as provided by Chamber at approved sites. Chamber shall obtain a Street Banner Permit and pay the required fee. 1.10 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.11 City shall provide and oversee police supervision of the Event under the command of the Chief of Police or his designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his designee, and the Director of Membership and Events. 2. Responsibilities and Rights of Chamber 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City shall be named as an insured on the Chamber's General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber's insurance shall be the primary insurance. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber's insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required Packet Page 113 of 278 insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.2 The Chamber agrees that the Taste of Edmonds is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City -Provided Site during the Taste of Edmonds to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.3 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.5 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.7 Neither Chamber nor any of its officers, agents, or employees shall discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.8 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. Packet Page 114 of 278 2.9 Chamber shall obtain any necessary Street Use and Parks Facility Use Permits and pay the required fees. (See site plan attached as Exhibit "A"). 2.10 Chamber shall post "NO DOGS" signs on the Taste grounds and the Civic Center Field as per City Ordinance. The Chamber shall notify vendors of this ordinance as part of their registration instructions, and also inform vendors that this ordinance will be enforced. This provision shall not apply to service animals for the disabled. 2.11 Chamber shall restrict field parking to approved areas. Chamber shall have security at permit parking entrance area to limit public access. City has the right to close the parking area for the Event if parking is not limited to the agreed upon area. 2.12 Chamber shall ensure that all booths/beer garden/wine garden have the necessary state permits for serving and selling alcohol. Chamber agrees to make its best effort to prevent service of alcohol to minors, including segregation of the beer garden and wine garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. Chamber shall obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.13 Chamber agrees to the following general open hours of the Taste of Edmonds: Friday, August 12, 2016: Saturday, August 13, 2016: Sunday, August 14, 2016: 11:00 a.m.-10:00 p.m. 11:00 a.m.-10:00 p.m. 11:00 a.m.-7:00 p.m. Chamber agrees to keep the hours of operation in the Beer Garden and Wine Garden within the following schedule: Friday, August 12, 2016: 11 a.m.-10:00 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Saturday, August 13, 2016: 11:00 a.m.-10 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Sunday, August 12, 2016: 11:00 a.m.-7:00 p.m. (Last call 6:30 p.m., no service after 6:45 p.m.) 2.14 Chamber shall provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in the Event. 2.15 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of the Event. 2.16 Chamber shall provide a sufficient number of portable sani-cans and wash stations (approximately 35 sani-cans, 2 of which must be handicapped accessible, and a minimum of 5 wash stations). 4 Packet Page 115 of 278 2.17 Chamber shall provide fence installation and removal at the Beer Garden and Wine Gardens. 2.18 Chamber is responsible for contracting with appropriate vendors for power. No power is available from the Civic Center complex. 2.19 Chamber shall provide labor and equipment for the portable Beer Garden pouring station (PS) to: (1) pickup the PS elements at the City's storage location, (2) set up the PS, (3) take down the PS, (4) cleanup the PS elements, and (5) return the PS elements to the City's storage location. 2.20 Garbage service shall be contracted and paid for by Chamber. 2.21 Upon the completion of the Event, Chamber shall make adequate provisions for the cleanup and restoration of all sites rented or provided under the terms of this Agreement, including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. Storm drains are to be covered with filter fabric to capture grease and debris. 2.22 Cleanup areas include area as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.23 All garbage to the size of a cigarette butt, debris, litter, equipment, and any other and all other items made necessary by or used in the provision of the Event shall be picked up and removed by 12:00 noon, Tuesday, August 16, 2016. 2.24 A final inspection of the Event area shall be conducted by City Parks Maintenance Division to determine if all areas are clean and returned to their original condition. 2.25 Chamber shall submit a cleaning/damage deposit of $1,500.00 to City prior to Monday, July 11, 2016. The deposit shall be refunded to Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse City for loss or cleaning costs. 2.26 Chamber shall pay City all permit fees for the above -mentioned facility use ($1,440.00 facility rental) prior to Monday, July 11, 2016, and shall reimburse City for the actual costs of supplies or services furnished by City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.27 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to Packet Page 116 of 278 interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of CITY OF EDMONDS: David O. Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2016. GREATER EDMONDS CHAMBER OF COMMERCE: Greg Urban, President and CEO Packet Page 117 of 278 M AVE p A Exhibit A 2016 LAYOUT d 11t❑ Lh L L p ❑uou111 lul In 11uuuu uMEESE loss Ll11L1k111 ��uww, nuw nuuuunuwwl m ME. BEER GARDEN NW CORNER NINE GARDEN iW CORNER 7 Packet Page 118 of 278 CONTRACT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY May 7-October 1, 2016 The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the "Historical Society") (collectively, the "Parties"). WHEREAS, the Edmonds South County Historical Society has operated in the past a spring and summer market, providing a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small business persons and their products; WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, the event promotes tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City. 1.1 Garden Market (May 7 through June 11): The City shall provide use of the right of way, Bell Street between 5th and 6th Avenues for farmer/producer based vendors each Saturday. 1.2 Summer Market (June 18 through October 1): • The City shall provide use of the right of way, Bell Street between 5th and 6th Avenues and 5th Avenue between Bell and Main Streets, by the Historical Society for the "Summer Market" event, each Saturday (Exception: No Summer Market August 13 during Taste of Edmonds). • The City shall allow vendor parking on the south, east and west sides of the police parking lot each Saturday (Exception: No Summer Market August 13 during Taste of Edmonds). • All use and configuration of tents and other temporary facilities used in this event shall be inspected and reviewed prior to the event by Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open Air Market Ordinance. Tarps, tents, canopies and covers shall be tested and labeled for fire resistance. Also, all participants shall be required to adhere to all provisions of State and local law to insure that no lasting or permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to Packet Page 119 of 278 cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. • The City shall install Summer Market banners as provided by Historical Society at approved sites. Historical Society shall obtain a Street Banner Permit and pay the required fee. • The City shall place three barricades behind the Museum prior to May 7 for the duration of the Market. • The City shall install appropriate "No Parking Saturdays" signage on Bell Street in late April and on 5th Avenue South in early June. 2. Responsibilities of the Historical Society. 2.1 Garden Market (May 7 through June 11) and Summer Market (June 18 through October 1): • Set up hours begin at 6:00 a.m. on Saturdays on 5th Avenue and 7:00 a.m. on Saturdays on Bell Street. • During the Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking shall not be allowed in this area. Violators may be towed at their own expense. • For Garden Market and Summer Market, parking restrictions shall be posted indicating violators will be towed. Police Department will attempt to notify owners. If not located by 6:30 a.m. police will proceed to have violating vehicles towed. • For Garden Market and Summer Market, street barricades are in place at 6:00 a.m. on Saturday and removed by 5:00 p.m. Exception: During the Summer Market, the street barricade at 5th Avenue and Main Street will not be placed until after Sound Disposal enters 5th Avenue to access the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00 a.m. at the latest. • Historical Society shall obtain necessary Street Use Permits for Summer Market. 2.2 The Historical Society shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. The City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City shall be named as an insured on the Historical Society's General Liability insurance policy. The insurance policy shall contain, or be endorsed to provide that the Historical Society's insurance coverage shall be primary insurance. Any Packet Page 120 of 278 insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Historical Society's insurance and shall not contribute to it. The Historical Society shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A: VII. 2.3 The Historical Society agrees that the Market is a public event. The Historical Society further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society shall permit citizens attending events open to the general public at a City -Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.4 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 The Historical Society shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 Neither the Historical Society nor any of its officers, agents, or employees shall discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.7 In addition, the Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.8 Historical Society agrees to the following Market days: Garden Market: Saturdays, May 7 through June 11, 2016 Summer Market: Saturdays, June 18 through October 1, 2016 (No Market August 13 during Taste of Edmonds). 3 Packet Page 121 of 278 Historical Society agrees to the following Market hours of operation: Garden Market open: 9:00 a.m.-2:00 p.m. Set up: 7:00 a.m.-9:00 a.m. Takedown: 2:00 p.m.-3:30 p.m. Summer Market open: 9:00 a.m.-3:00 p.m. Set up: 6:00 a.m.-9:00 a.m. (6:00 a.m. start on 5tn Avenue; 7:00 a.m. start on Bell Street) Takedown: 3:00 p.m.-4:30 p.m. 2.9 The City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by the Historical Society or the participants in this event. 2.10 Historical Society shall provide fire watch for all times in and around the booths and displays open to the general public as part of this event. 2.11 Historical Society shall provide sufficient portable sani-cans. Sani-cans will be discretely placed at a location(s) to be agreed upon by the City and the Historical Society. The City agrees to allow the use of one space in the parking lot south of City Hall to be used for the placement of two sani-cans for the length of the "Summer Market" (June 18 to October 1, 2016). 2.12 Individual vendors are responsible for packing out all of their own garbage. Historical Society may deposit up to twelve (12) thirty-three gallon bags of garbage generated in their area in the dumpster located in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.13 Historical Society shall arrange for and pay for a recycling container(s) from Sound Disposal. Container(s) shall be stored and serviced in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.14 Upon the completion of the event, Historical Society shall make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement. 2.15 Historical Society shall pay the City all permit fees, in accordance with provisions of open air market, Ordinance #3015, for the above -mentioned facilities use and services at least ten (10) days prior to the event. 2.16 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire Agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to Packet Page 122 of 278 interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Historical Society shall be deemed to be the same of the City for any purpose. The Historical Society alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of CITY OF EDMONDS: 2016. EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: David O. Earling, Mayor By: Its: _ Date: ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 123 of 278 CONTRACT BETWEEN THE CITY OF EDMONDS AND THE GREATER EDMONDS CHAMBER OF COMMERCE September 11, 2016 The following is an agreement ("Agreement") between CITY OF EDMONDS ("City"), and the GREATER EDMONDS CHAMBER OF COMMERCE ("Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has proposed to hold a public event known as the Edmonds Chamber of Commerce Classic Car Show ("Classic Car Show" or "Event"); WHEREAS, the City Council finds that the "Classic Car Show" provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. City and Chamber agree that: 1.1 City shall provide use of the following surfaces by Chamber for the Classic Car Show: • "Center Round" around the fountain in downtown Edmonds at 5th Avenue and Main Street, • Main Street from the East side of its intersection with 3rd Avenue to the West side of its intersection with 6th Avenue, • 4th Avenue S. from the South side of its intersection with Bell Street to the North side of its intersection with Dayton Street, and again from the South side of its intersection with Dayton Street to approximately 100 feet south down 4th Avenue, • 5th Avenue, from the North side of its intersection with Walnut Street to the North side of its intersection of the northern leg of Bell Street, • Dayton Street, from the West side of 5th Avenue to the East side of 4th Avenue, • Dayton Street, from the East side of 5th Avenue to immediately east of 529 Dayton Street, • City Hall parking lot located immediately South of the City Hall building at 121 5th Avenue N and the parking lot under City Hall, Packet Page 124 of 278 • On street parking spaces on 5th Ave N from Bell Street to Seville driveway, 217 5th Ave N (west), and Bell Street to the Public Safety parking lot access midblock (east). (The above areas shall be hereinafter referred to as the "City -Provided Site.") 1.2 One or several days before the Event, City shall place signs so as to clear the City - Provided Site of all vehicles from 2:00 a.m. on the date of the event until 7:00 p.m. on the same day. The Main and 5th closure to the most northern portion of Bell shall be until 8:00 p.m. 1.3 City shall provide barriers near the following 13 locations for street closures required to contain the City -Provided Site described in Paragraph 1.1: Pine and 5th, to close 5th Avenue north to Walnut, Maple and 5th, to close Maple Street east of 5th Avenue Dayton and 6th, to allow local access only on Dayton between 6th Avenue & 5th Avenue Dayton and 5th, to close 5th Avenue north and south of Dayton Street Dayton and 5th, to close Dayton east and west of 5th Avenue Dayton and 4th, to close Dayton east of 4th Avenue Walnut and 5th, to close 5th Avenue north and south of Walnut Street Main and 5th, to close 5th Avenue to the most northern portion of Bell Main and 6th, to close Main Street west of 6th Avenue Main and 3rd, to close Main Street east of 3rd Avenue 4th and Bell, to close 4th Avenue south of Bell Street 4th and Dayton, to close 4th Avenue north and south of Dayton Street; and On 4th, to close 4th Avenue 100 ft. immediately south of Dayton 1.4 City shall arrange for access control of 5th Avenue South at Walnut Street from 8:30 a.m. until 11:30 a.m. on the date of the Event. Chamber will be responsible for paying the actual cost of the overtime wages incurred by the City of the police officer to be stationed at the intersection. This intersection will not be closed to general traffic east and west, but access will be controlled and may be limited during this time period to allow for the safe staging of Event vehicles. There will be a committee member at the intersection with the police officer to designate which vehicles will be part of the Event. 1.5 Above barriers shall be delivered so as to allow Chamber to position such barriers at 5:00 a.m. the day of the Event. The number of barriers left by City at each of the eight locations shall be sufficient to provide adequate street closure. Chamber shall remove same barriers at 7:00 p.m. on the same day. 1.6 City shall also provide street closure barriers for the purpose described in Paragraph 1.7 near the following intersections: Maple Street and 6th Avenue, to close Maple west of 6th; and Alder Street and 6th Avenue, to close Alder west of 6th Packet Page 125 of 278 1.7 Chamber shall position such barriers at 5:00 a.m. the day of the Event so as to provide adequate street closures and prevent traffic from 6th Avenue to turn onto Maple Street or Alder Street from 5:00 a.m. until 10:00 a.m. Chamber shall remove such barriers at 10:00 a.m. on the same day. 1.8 On the day of the event, Chamber shall place traffic cones on the center -dividing line of 5th Avenue between Pine Street and Walnut Street from 5:00 a.m. until 10:00 a.m. 1.9 Chamber shall obtain any necessary Street Use Permits and pay the required fees. Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any remaining or potential issues of traffic control and barricades prior to the event, but shall have no authority to waive the requirements of city ordinance or state law. Chamber shall establish a sixteen foot (16') fire lane down the middle of each street on which Classic Car Show cars will be parked for emergency vehicle access throughout the day of event. Chamber car show staff and ambassadors will ensure that no cars encroach upon this fire lane. 1.10 The Chamber shall be permitted to establish and operate five outdoor dining gardens within the City -Provided Site during the Event. These gardens shall not exceed 15' x 25' in dimension, and shall be fenced in a manner that clearly establishes and distinguishes their boundaries. Maximum capacity of the dining gardens shall be determined by the Edmonds Fire Marshall. Dining gardens shall provide tables, chairs and umbrellas for use by their diners. No alcohol shall be served or permitted in the dining gardens. Food and non-alcoholic drinks may be served in the dining gardens, but no food preparation shall be permitted therein. Dining gardens shall be sponsored by local restaurants, and shall be located near each sponsoring restaurant. Dining gardens shall open no earlier than 4AM and shall close no later than 5:00 p.m. during the Event. Chamber shall inform all food vendors of the applicable requirements for food vending at the Event, as set forth by Snohomish County Fire District 1, and shall be responsible for ensuring that food vendors follow such requirements. 1.11 All use and configuration of structures, booths and other temporary facilities used in the event shall be inspected and reviewed by Edmonds Fire Marshall, Police Chief, Building Official and Parks and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 7:00 a.m., September 11, 2016, as the Parties shall agree and note all potential problems. Prior to the opening of the event, Chamber shall correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel such event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property shall appear. 1.12 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 3 Packet Page 126 of 278 1.13 Chamber shall obtain and note on the back of the Classic Car Show registration card, which is posted on the dashboard of cars on display, at least one cell phone number for the car's owner, to allow the Chamber to contact the owners when away from their cars. 2. Chamber Responsibilities In addition to the above and in consideration of the use of the facilities and services above described, Chamber agrees to the following: 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City shall be named as an insured on the Chamber's General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber's insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber's insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than ANII. 2.2 The Chamber agrees that the Classic Car Show is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City -Provided Site during the Classic Car Show to exercise therein their protected constitutional right to free speech without interference. 2.3 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.5 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, 4 Packet Page 127 of 278 within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.6 Chamber shall provide any and all security services necessary to reasonably secure the area and facilities provided, including the City -Provided Site. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in this Event. 2.7 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of this Event. 2.8 Chamber shall provide sufficient wash stations and approximately 12 sani-cans that may be placed on site the night preceding the Event. Garbage service, if necessary, shall be contracted and paid for by Chamber. 2.9 Upon completion of the Event, Chamber shall make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements shall be completed by 7:00 p.m. on that day. Cleanup of sidewalks shall be completed by 11:00 p.m. on that day. Cleanup areas include the City -Provided Site as described in Section 1 and all streets immediately surrounding the Event perimeter. A final inspection of the Event area shall be conducted by a designated City official to determine if all areas are clean and returned to their original condition. 2.10 Chamber shall pay City all permit fees for the above -mentioned facility use and services at least ten (10) days prior to the Event, and shall reimburse City for the actual costs of supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days of mailing of a final bill by the City, provided such supplies and services are approved and listed by all Parties to this Agreement in a signed addendum to this Agreement prior to the date which they purport to be required. 2.11 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. Packet Page 128 of 278 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Termination. The City shall have the right, in its sole and absolute discretion, to unilaterally terminate this Agreement should the same become necessary to protect public health, safety or welfare; in which case, the City shall provide written notice of the same to the Chamber. 3.4 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of , 2016. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Greg Urban, President and CEO Packet Page 129 of 278 AM-8387 City Council Meeting Meeting Date: 03/08/2016 Time: 10 Minutes Submitted For: Rob English Department: Engineering Type: Forward to Consent Submitted By: Megan Luttrell 5. C. Information Subiect Title Presentation of a Resolution allowing Snohomish County to prepare a Hazard Mitigation Plan for the City of Edmonds Recommendation Forward this item to the March 15, 2016 consent agenda for approval. Previous Council Action On October 20, 2009, the 5 year update of the North King and South Snohomish Counties Regional Mitigation Plan was approved by Council. Narrative City staff attended a kick-off meeting on March 1, 2016, with the Snohomish County Department of Emergency Management to facilitate the preparation of a Hazard Mitigation Plan. A Hazard Mitigation Plan is a preparedness document that describes the potential hazards that could impact the City, details the relative likelihood that those risks might impact people, property, and the economy, and lists mitigation action items being planned or undertaken to minimize or eliminate risk from those hazards. A FEMA-approved hazard mitigation plan is required for the City to receive federal funding to cover disaster related costs. The City's most recent Hazard Mitigation Plan, developed in 2009 with ESCA and South Snohomish and North King County municipalities/special purpose districts, expired in September 2014. AttarhmPntc Draft Resolution Form Review Inbox Reviewed By Date Engineering (Originator) Robert English 03/03/2016 09:01 AM Public Works Phil Williams 03/03/2016 10:54 AM City Clerk Scott Passey 03/03/2016 10:55 AM Mayor Dave Earling 03/03/2016 11:04 AM Finalize for Agenda Scott Passey 03/03/2016 11:28 AM Form Started By: Megan Luttrell Started On: 03/02/2016 02:15 PM Final Approval Date: 03/03/2016 Packet Page 130 of 278 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO AUTHORIZE SNOHOMISH COUNTY TO PREPARE A HAZARD MITIGATION PLAN ON BEHALF OF THE CITY WHEREAS, the City of Edmonds has limited capability to undertake extensive participation in the preparation of a hazard mitigation plan; and WHEREAS, Snohomish County is able to act on behalf of the City of Edmonds in the analysis and development of a hazard mitigation plan; and WHEREAS, Snohomish County shall prepare a hazard mitigation plan in accordance with the FEMA's requirements as found in 44 C.F.R. 201.6; and WHEREAS, Snohomish County shall deliver a draft copy of the plan for public comment as well as the governing body's comment during the planning process and prior to adoption. NOW THEREFORE, BE IT RESOLVED THAT the City of Edmonds authorizes Snohomish County on behalf of and in partnership with the City of Edmonds to prepare the Snohomish County Multi -Hazard Mitigation Plan, which shall be reviewed and considered for adoption by the City of Edmonds upon completion. This resolution shall take effect immediately upon its adoption. RESOLVED this XX day of March, 2016. CITY OF EDMONDS MAYOR, DAVID 0. EARLING ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: Packet Page 131 of 278 AM-8389 City Council Meeting Meeting Date: 03/08/2016 Time: 10 Minutes Submitted For: Henry Schroder Department: Engineering Type: Forward to Consent Submitted By. Megan Luttrell Information Subiect Title Report of final construction costs for the City Park Spraypark and acceptance of project. Recommendation Forward this item to the March 15, 2016 consent agenda for approval. 5. D. Previous Council Action On April 28, 2015, Council awarded a contract to Wyser Construction, Inc. in the amount of $728,920 for the City Park Spraypark Project. On May 12, 2015, Council authorized a management reserve of $72,891 for the project. Narrative On May 26, 2015, the Notice to Proceeds was issued to Wyser Construction, Inc., stipulating 70 working days for completion. This project constructed a concrete plaza, walls and stairs with spraypark play features, installed a prefabricated concrete building for spraypark utilities and mechanical systems and installed new play equipment. The project was partially funded by a Washington State Recreation Conservation Grant, a Hazel Miller Foundation Grant and a donation from Snohomish County. The contract award amount was $728,920 and Council approved a management reserve of $72,891 at the Council meeting on May 12, 2015. During the course of the contract, three added -cost change orders totaling $66,369 were written against the project. A reconciliation change order for-$10,802 was written for project closeout. The project is complete and the final cost paid to Wyser Construction, Inc. was $784,487. Inbox Engineering (Originator) Public Works City Clerk Mayor Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 03/03/2016 Form Review Reviewed By Date Robert English 03/03/2016 08:58 AM Phil Williams 03/03/2016 10:54 AM Scott Passey 03/03/2016 10:55 AM Dave Earling 03/03/2016 11:03 AM Scott Passey 03/03/2016 11:28 AM Started On: 03/02/2016 02:38 PM Packet Page 132 of 278 AM-8370 City Council Meeting Meeting Date: 03/08/2016 Time: 15 Minutes Submitted For: Pamela Randolph Department: Wastewater Treatment Plant Committee: Submitted By: Pamela Randolph Type: Forward to Consent Information Subiect Title Phase 5 Energy Project - Solids Processing Equipment Replacement 5. E. Recommendation Recommend that the Authorization for the Mayor to sign an agreement with the Department of Enterprise Services for the Phase 5 WWTP Energy Project be moved to the consent agenda. Previous Council Action In August 2014, the Council approved the Phase 4 Energy project and was presented with a long range plan for future Energy projects. Narrative The Wastewater Treatment Plant was upgraded to a Secondary Plant in 1988. Much of the original equipment had an estimated 20 year life expectancy. At the time of that upgrade, energy management was not a critical design feature nor was operations and maintenance (O&M) expenses. Now, some 28 years later, when the older equipment is in need of replacement, there are newer technologies that offer environmental benefits, improved process control and lower energy requirements. This Phase 5 Energy project includes the replacement of the last original 200HP centrifugal blower with an Aerzen Hybrid blower which operates on variable frequency drive designed to have a greater operational range based on demand. With this replacement, the last of the original blowers (3 were installedin the Phase 4 project) in the secondary aeration system will be brought up to the current more efficient technology and will be operated with the most efficient strategy based on the system design. Additional control valves and flow meters will ensure the system is monitored and functions as designed. The solids equipment originally utilized two belt filter presses, a conveyor and a hopper to store solids prior to incineration. While it is possible to rebuild and repair this equipment and gain a few more years of operation and the technology is still in use; the cost of operation and maintenance has had an impact on the O&M budget. Replacement with the newest technology, screw presses, offers reduced energy costs, improved dewatering performance, virtually eliminates the need for make- up fuel in the incinerator, requires a smaller footprint, reduces odor control and will improve process control and reduce O&M expenses. The current design is based on the maximum throughput of the incinerator with the benefits of being able to run the screw presses unattended. This provides staff greater flexibility while keeping the replacement costs lower and reducing delivery truck traffic to the site. Annual O&M savings for the project is Packet Page 133 of 278 estimated to be $138,629 per year. The project need was listed in both the Comp Plan and the 2016 CIP long term plan. Budget for 2016 project expenses has been authorized however the 2017 expenses have not been requested. The total project cost, including 10% contingency is $3,700,416. It is anticipated that we would receive $125,784 in utility incentives from SnoPUD bringing the project cost to $3,574,532. Our WW partners would share in the expense ($1,759,184) with the City of Edmonds allocated expense being $1,815,449. The project would be completed by September of 2017. Form Review Inbox Reviewed By Date Public Works Phil Williams 03/03/2016 10:54 AM Engineering Robert English 03/03/2016 12:57 PM City Clerk Scott Passey 03/03/2016 12:59 PM Mayor Dave Earling 03/03/2016 01:04 PM Finalize for Agenda Scott Passey 03/03/2016 06:58 PM Form Started By: Pamela Randolph Started On: 02/23/2016 02:47 PM Final Approval Date: 03/03/2016 Packet Page 134 of 278 AM-8393 City Council Meeting Meeting Date: 03/08/2016 Time: 10 Minutes Submitted For: Ryan Hague Submitted By. Megan Luttrell Department: Engineering Type: Forward to Consent Information 5. F. Subiect Title Presentation of an Interlocal Agreement with Olympic View Water & Sewer District to fund grind and overlay of 102nd Ave from just south of 238th St. to the south end of the cul-de-sac. Recommendation Forward this item to the consent agenda for approval and authorize the Mayor to sign the Interlocal Agreement. Previous Council Action None. Narrative In February 2016, Olympic View Water & Sewer District (OVWSD) began installation of a water main under 102nd Ave. The new water main begins at the south end of the 102nd Ave cul-de-sac and goes north to OVWSD's existing main just south of 238th St. As part of this work, OVWSD is required to overlay the west half of 102nd Ave. The City has 102nd Ave on its list of streets requiring a grind and overlay. To achieve a final product, the City had planned to grind and overlay the east half of 102nd Ave. After OVWSD began its construction work, City staff visually inspected the trench in the existing roadway. With the roadway subgrade exposed, they were able to determine that significant deficiencies exist in the roadway base. These deficiencies need to be repaired before the road can be overlaid. In order to install a suitable product, the base repair and road overlay should all be completed by the same contractor rather than completing the work one half at a time. Since OVWSD already has a suitable contractor on site who has been tasked with overlaying half of the road, it is in the best interest of OVWSD, the City of Edmonds and the residents of this street to have this perform the base repairs and overlay the road. The proposed Interlocal Agreement will establish a cooperative relationship between OVWSD and the City of Edmonds in order to install a product of sufficient quality. Attachments Packet Page 135 of 278 Draft ILA Inbox Engineering (Originator) Public Works City Clerk Mayor Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 03/04/2016 Form Review Reviewed By Date Robert English 03/03/2016 05:07 PM Scott Passey 03/04/2016 11:04 AM Scott Passey 03/04/2016 11:04 AM Scott Passey 03/04/2016 12:11 PM Scott Passey 03/04/2016 12:12 PM Started On: 03/03/2016 09:38 AM Packet Page 136 of 278 INTERLOCAL AGREEMENT CITY OF EDMONDS AND OLYMPIC VIEW WATER AND SEWER DISTRICT 2015 WATER MAIN REPLACEMENT PROJECT THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the City of Edmonds, Washington (the "City") and Olympic View Water and Sewer District (the "District") (collectively, the "Parties") as of the date entered below. WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units of local government of the State of Washington to cooperate on a basis of mutual advantage to provide for services and facilities; WHEREAS, the District is currently constructing a capital improvement project known as the 2015 Water Main Replacement Project (the "Project"); WHEREAS, the District plans to replace in present alignment or by parallel construction (hereafter "replacement") certain water utilities within the limits of the Project; WHEREAS, the District (or District's Contractor?) secured City Permit No. ENG20150453 (the "Permit") to work within City's 102nd Ave W street right of way; WHEREAS, the Project will replace the District's existing water main and appurtenances in 102"d Ave W; WHEREAS, the Project will require a half width pavement overlay on 102nd Ave W from 2381" St. SW south to the end of the street; WHEREAS, the City desires to expand District's half -width pavement overlay to a full width pavement grind and overlay of 102nd Ave W within the limits of Project; WHEREAS, a full width pavement grind and overlay of 102nd Ave W will provide a more durable pavement section; WHEREAS, adding the full width pavement grind and overlay work to District's Project will minimize the disruption to residents on 102nd Ave W; WHEREAS, the Parties agree to share the cost of the pavement grind and overlay on 102nd Ave W and establish a formal arrangement under which the City will pay the District in exchange for the District incorporating the City's pavement overlay work into the Project; WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their respective rights, obligations, costs and liabilities regarding this undertaking; WHEREAS, the City Council of the City of Edmonds has taken appropriate action to approve the City's entry into this Agreement; WHEREAS, the Board of Commissioners of the District has taken appropriate action to approve the District's entry into this Agreement; Packet Page 137 of 278 NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, the City and the District agree as follows: TERMS Section 1. Purpose. The purpose of this Agreement is to establish a formal arrangement under which the City will pay the District to incorporate the overlay work into the Project and to construct said work in conjunction with the District's construction of the Project. The terms, conditions and covenants of this Agreement shall accordingly be interpreted to advance this purpose. This Agreement further seeks to allocate and define the Parties' respective rights, obligations, costs and liabilities concerning the establishment, operation and maintenance of this undertaking. Section 2. Term. This Agreement shall be effective upon its execution by the Parties hereto. Unless terminated in accordance with Section 3, this Agreement shall remain effective until the sooner of the following events: (a) the City's written acceptance of and payment for the District overlay work provided to the City pursuant to this Agreement, or (b) December 31, 2016, when it shall expire automatically. The Parties may at their option renew this Agreement for a mutually agreed upon term by a writing signed by both Parties. Section 3. Termination. Either Party may terminate this Agreement with or without cause by providing the other Party with thirty (30) days' written notice of its intent to terminate. Termination or expiration shall not alter the City's payment obligations under Section 6 for services already rendered, as well as for the normal and reasonable costs incurred by the contractor in terminating and closing out the City's portion of the work, and shall not alter the Parties' respective obligations under Section 10 of this Agreement. Section 4. Obligations of the City. The City agrees to: A. Reimburse the District for all actual costs related to the pavement overlay in accordance with the terms of Section 6 of this agreement. B. The City shall reimburse the District for the City's prorated share of the District's actual consultant cost for construction engineering, inspection, and management of the pavement grind and overlay work. The City share shall be 50% of District's actual consultant costs for construction engineering and management, not to exceed $1,500.00 without prior approval by City, which approval shall not be unreasonably withheld. C. Respond promptly to information requests submitted by the District or its agents regarding the pavement grind and overlay work. D. Provide written acceptance of the work to the District upon satisfactory completion of the pavement grind and overlay work. Section 5. Obligations of the District. The District agrees to: A. Incorporate the full width pavement grind and overlay work into project documents by change order. B. Submit to the City written invoices for payment in accordance with Section 6. Include copies of invoices or other documentation from consultants and/or contractors clearly indicating the City's portion of the invoices. C. Provide City personnel reasonable access to the Project's construction area for purposes of inspecting and monitoring the progress of the work. Packet Page 138 of 278 D. Respond promptly to information requests submitted by the City or its agents regarding the Project. Section 6. Payment Schedule. The Parties agree to the following billing and payment schedule: A. For construction contract costs and for construction engineering and management costs incurred by the District for City's pavement grind and overlay work, the District shall within thirty (30) days submit an invoice to the City for the City's share of said expenses for the pavement grind and overlay. Said invoice shall contain a reasonably detailed explanation of the methodology utilized by the District in determining the City's share of each expense. To the extent reasonably possible, the District shall document and tabulate separately the actual quantities of work installed to clearly identify the City's cost for the pavement grind and overlay work. B. Within thirty (30) days of receiving any invoice pursuant to subsection 6.A, the City shall tender payment to the District in the form of a check, money order or other certified funds for the invoiced amount for work approved by the City, which approval shall not be unreasonably withheld. C. In the event that the Parties disagree regarding the City's share of any expense incurred by the District regarding the Project, the Parties may agree to submit the question for resolution by a mediator or arbitrator acceptable to both Parties. Section 7. Ownership and Disposition of Property. The pavement grind and overlay work done pursuant to this Agreement shall become and remain the exclusive property of the City upon completion. All other work constructed under the Project shall become and remain the exclusive property of the District upon completion. Section 8. Administration. No Separate Entity Created. The General Manager for the District shall serve as the administrator of this Agreement. No separate legal entity is formed by this Agreement. Section 9. Release, Indemnification and Hold Harmless Agreement. Each Party to this Agreement shall be responsible for its own negligent and/or wrongful acts or omissions, and those of its own agents, employees, representatives, contractors or subcontractors, to the fullest extent required by the laws of the State of Washington. Each Party agrees to protect, indemnify and save the other Party harmless from and against any and all such liability for injury or damage to the other Party or the other Party's property, and also from and against all claims, demands and causes of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of work performed under the terms hereof, caused by its own fault or that of its agents, employees, representatives, contractors or subcontractors. The District specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its own employees, contractors or subcontractors, and waives any immunity that the District may have under that title with respect to, but only to, the limited extent necessary to indemnify the City. Section 10. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in Snohomish County Superior Court. Section 11. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between the City and any employee, agent, representative or contractor of the District, or between the District and any employee, agent, representative or contractor of the City. Packet Page 139 of 278 Section 12. No Third Party Rights. This Agreement is intended for the sole and exclusive benefit of the Parties hereto and no third party rights are created by this Agreement. Section 13. Notices. Notices to the District shall be sent to the following address: Olympic View Water and Sewer District General Manager 8128 228a` St SW Edmonds, WA 98026 Notices to the City shall be sent to the following address: City of Edmonds City Engineer 121 Fifth Avenue N Edmonds, WA 98020 Section 14. Duty to File Agreement with County Auditor. The District shall, after this Agreement is executed by both Parties, file this Agreement with the Snohomish County Auditor. Section 15. Integration. This document constitutes the entire embodiment of the Agreement between the Parties and, unless modified in writing by an amendment to this Interlocal Agreement signed by the Parties hereto, shall be implemented as described above. Section 16. Non -Waiver. Waiver by any Party of any of the provisions contained within this Agreement, including but not limited to any performance deadline, shall not be construed as a waiver of any other provision. CITY OF EDMONDS Un OYMPIC VIEW WATER & SEWER DISTRICT By: DAVID O. EARLING Date [Name] Date Mayor [Title] Approved as to form only: City of Edmonds Date Office of the City Attorney Packet Page 140 of 278 AM-8383 City Council Meeting Meeting Date: 03/08/2016 Time: 10 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Type: Forward to Consent Information Subiect Title Authorize Mayor to sign Deed of Right for Civic Field Recommendation Council forward this to consent for approval. 5. G. Previous Council Action Council authorized the purchase of Civic field from the School District, using both RCO grant funds and Snohomish County conservation futures funds. Council authorized the Mayor to sign an Snohomish County ILA amendment which also contained a conservation easement. ( See attachment Amendment No. 2) Council met several times in Executive Session to discuss pricing offers during the negotiations process with the Edmonds School District. Council has adopted the Strategic Action Plan, PROS plan, and Comprehensive Plans, all identifying this purchase as a priority. Narrative The purchase of Civic field from the School District has been identified in the PROS plan for at least 25 years. This past year, we were able to close on the sale of this property on February 9th, 2016. The sale was for $1.9M. The City received two grants to help with the purchase of the property. One grant was from the Recreation Conservation Office. As part of the condition of the Recreation Conservation Office grant of $1 M, the City will need to protect this land as park and open space land in perpetuity. The grantor requires the City to record a Deed of Right outlining this agreement. The Deed of Right will only restrict that parcel which is shown as an attachment with the Deed of Right. This represents 6.24 acres, and includes the unopened streets that will need to be vacated. If, for some reason the City chooses not to protect this land, and subsequently develops it, there are stipulations in the Deed of Right on how to mitigate this. Attachments RCO Deed of Right RCO Agreement Packet Page 141 of 278 Purchase and Sale Agreement ILA Snohomish County Amendment 1 Snohomish County Amendment 2 Snohomish County Inbox City Clerk Mayor Finalize for Agenda Form Started By: Carrie Hite Final Approval Date: 03/02/2016 Form Review Reviewed By Date Scott Passey 03/02/2016 11:53 AM Dave Earling 03/02/2016 01:21 PM Scott Passey 03/02/2016 03:47 PM Started On: 03/02/2016 11:31 AM Packet Page 142 of 278 Upon Recording, Please Return To: Washington State Recreation and Conservation Office PO Box 40917 Olympia, WA 98504-0917 Attn: Kyle Guzlas DEED OF RIGHT TO USE LAND FOR PUBLIC OUTDOOR RECREATION PURPOSES Grantor: City of Edmonds Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD and the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE, including any successor agencies Abbreviated Legal Description: Lots 1-20, Blk 99, Lots 1-40, Blk 100 and Lots 21-40, Blk 101, City of Edmonds, V 2, P 39-39A, with exception, records of Snohomish County (More particularly described in Exhibit "A" (Legal Description) and as depicted in Exhibit `B" (Property Map)), Assessor's Property Tax Parcel Number(s): APN: 004342-099-001-00 APN: 004342-100-000-00 APN: 004342-101-021-00 Reference Numbers of Documents Assigned or Released: Page 1 of 7 Packet Page 143 of 278 The Grantor enters this Deed for and in consideration of monies coming in whole or in part from the Outdoor Recreation Account. Such grant is made pursuant to the Project Agreement entered into between the Grantor and the Grantee entitled Civic Center Field Acquisition, Project Number 14-1199, signed by the Grantor on the 24 day of September 2015 and the Grantee the 28 day of September 2015 and supporting materials which are on file with the Grantor and the Grantee in connection with the Project Agreement. The Grantor hereby conveys and grants to the Grantee as the representative of the people of the State, the right to enforce the following duties: 1. The Grantor shall take such reasonable and feasible measures as are necessary to protect the Real Property as described in Exhibit A: Legal Description for park purposes, consistent with the Project Agreement, so as to provide public access to outdoor recreation opportunities in perpetuity and protect public outdoor recreation and park resources. 2. The Grantor shall allow public access to the Property as provided in the Project Agreement. Such access shall be subject to the restrictions allowed under the Project Agreement, by written agreement with the Grantee, or under state law. This provision is not intended to prevent reasonable access or use restrictions that are necessary for safe and effective management of the property consistent with outdoor recreation purposes and the Project Agreement. 3. The Grantor shall provide access to the Grantee to inspect the Real Property for compliance with the terms of this Deed and the applicable Project Agreement to which the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed under the Project Agreement, by written agreement with the Grantee, or under state law. The Grantor warrants it has and shall maintain the legal right and means to reach the property. 4. Without the prior written consent of the Grantee or its successors, through an amendment to the Project Agreement or the process set forth below, the Grantor shall not use or allow any use of the Real Property (including any part of it) that is inconsistent with the recreation purposes herein granted and as stated in the Project Agreement. The Grantor shall also not grant or suffer the creation of any property interest that is inconsistent with the recreation purposes herein granted and as stated in the Project Agreement. Grantee's consent to an inconsistent use or property interest under this Deed shall be granted only to the extent permitted by law and upon the following three conditions, which ensure the substitution of other eligible land. The conditions are: (1) the substitute recreation land must be of reasonably equivalent usefulness and location for the public outdoor recreation purposes as the Real Property prior to any inconsistent Page 2 of 7 Packet Page 144 of 278 use; (2) the substitute recreation land must be of at least equal fair market value to the Real Property at the time of Grantee's consent to the inconsistent use; and (3) the fair market value of the Real Property at the time of the Grantee's consent to the inconsistent use shall not take into consideration any encumbrances imposed on or alterations made to that land as a result of the original state grant and other grants if such encumbrances or alterations reduce the value of the Real Property from what it would be without them. For purposes of this Deed the Project Agreement includes any amendments thereto that occur prior or subsequent to the execution of this Deed. This Deed contains covenants running with the land and shall be binding upon the Grantor, its successors and assigns, and upon any person acquiring the Property, or any portion thereof, or any interest therein, including a leasehold interest, whether by operation of law or otherwise. If the Grantor sells all or any portion of its interest, the new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed. This Deed may not be removed or altered from the Real Property unless specific approval has been granted by the Washington State Recreation and Conservation Office and/or the Washington State Recreation and Conservation Funding Board or its successors. The Washington State Recreation and Conservation Office and the Washington State Recreation and Conservation Funding Board and/or its successors shall each have a separate and independent right to enforce the terms of this deed. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW Page 3 of 7 Packet Page 145 of 278 GRANTOR: City of Edmonds By: Name: Title: Dated this day of , 20 STATE OF WASHINGTON ss COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the for the Grantor, and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in My commission expires REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE FOLLOWS Page 4 of 7 Packet Page 146 of 278 GRANTEE: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD, administered by the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE Name: Title: Dated this day of , 20 STATE OF WASHINGTON ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the for the Recreation and Conservation Office and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in My commission expires Page 5 of 7 Packet Page 147 of 278 EXHIBIT A Legal Description PARCEL "A" LOTS 1 THROUGH 20, BLOCK 99; ALL OF BLOCK 100; AND LOTS 21 THROUGH 40, BLOCK 101, PLAT OF THE CITY OF EDMONDS, ACCORDING TO THE PLAT THEREOF RECORDED INVOLUME 2 OF PLATS, PAGE 39, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, INCLUDINGVACATED SPRAGUEAND EDMONDS STREET EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHWEST CORNER OF LOT 40, OF SAID BLOCK 101; THENCE SOUTH 01 ° 15'06" WEST, ALONG THE EASTERLY RIGHT OF WAY MARGIN OF 6TH AVENUE NORTH, A DISTANCE OF 464.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VACATED EDMONDS STREET; THENCE SOUTH 88043'50 EAST, ALONG THE SOUTHERLY LINE OF SAID VACATED STREET A DISTANCE OF 157.60 FEET: THENCE NORTH 010 15'06" EAST, A DISTANCE OF 464.59 FEET TO THE NORTH LINE OF LOT 35, BLOCK 101; THENCE NORTH 88046'13" WEST, ALONG NORTH LINE OF SAID LOT 35, A DISTANCE OF 157.60 FEET TO THE POINT OF BEGINNING. ALL LYING WITHIN SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON. CONTAINING 271,415.76 SQUARE FEET OR 6.231 ACRES MORE OR LESS. SITUATE INTHE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Page 6 of 7 Packet Page 148 of 278 EXHIBIT B Property Map LEY ST ,rCit of w XVon z x W W = 271.778 ft= _ OR 5.24 ACRES -T BELL ST 1A Civic Field Property Map RCO# 14-1199A Subject Property Project Sponsor; City of Edmonds Date; 02/29/2016 Page 7 of 7 Packet Page 149 of 278 y WASHINGTON STATE Recreation and Conservation Office Funding Board Project Agreement Project Sponsor: City of Edmonds Project Number: 14-1199A Project Title: Civic Center Field Acquisition Approval Date: 7/10/2015 A. PARTIES OF THE AGREEMENT This Project Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation Office, P.O. Box 40917, Olympia, Washington 98504-0917 and City of Edmonds (sponsor), 121 5th Ave N, Edmonds, WA 98020 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account and State Building Construction Account and ORA of the State of Washington, The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above per the director's authority granted in RCW 79A.25.020. C. DESCRIPTION OF PROJECT The City of Edmonds will acquire the 7.92 acre Civic Center/Field from the Edmonds School District in downtown Edmonds. The land contains a playground, basketball and tennis courts, a football field, soccer fields, a track, a skate park, petanque courts, restrooms, and a stadium. The City has leased and operated the Civic Center property since 1977. The primary recreational activity provided is community athletics, active play, and passive recreation. D. PERIOD OF PERFORMANCE The period of performance begins on September 1, 2015 (project start date) and ends on June 30, 2016 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement or specifically provided for by WAC Titles 286, 420; or RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement. The sponsor must request extensions of the period of performance at least 60 days before the project end date. The sponsor has obligations beyond this period of performance as described in Section E: On -going Obligations. E. ON -GOING OBLIGATIONS For this acquisition project, the sponsor's on -going obligations shall be in perpetuity and shall survive the completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding board. It is the intent of the funding board's conversion policy (see Section 24: Restriction of Conversion) that all lands acquired and/or facilities and areas developed, renovated, or restored with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed $1,000,000,00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding RCFB - WWRP - Local Parks 1.06% $21,172.00 State RCFB - RRG Local Parks 48.94% $978,828.00 State Project Sponsor 50.00% $1,000,000.00 Total Project Cost 100.00% $2,000,000.00 G. FEDERAL FUND INFORMATION This Agreement is not a federal subaward. This Agreement is funded with a grant from the State of Washington. RCO 14-1199A Page 1 of 28 Packet Page 150 of 278 H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in the sponsor's application and the project summary under which the Agreement has been approved as well as documents produced in the course of administering the Agreement, including the eligible scope activities and milestones report incorporated herein by reference. Provided, to the extent that information contained in such documents is inconsistent with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unintended error or omission. This "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definition of the Standard Terms and Conditions. I. AMENDMENTS MUST BE SIGNED IN WRITING Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing and signed by both parties. Except, extensions of the period of performance and minor scope adjustments need only be signed by RCO's director or designee, unless the consent of the sponsor to an extension is required by its auditing policies, regulations, or legal requirements, in which case, no extension shall be effective until so consented. J. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including any applicable RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement, all ofwhich are incorporated herein by this reference as if fully set forth. K. SPECIAL CONDITIONS None L. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to the mail address or the email address listed below if not both: Project Contact Name: Carrie Hite Title: Parks and Recreation Director Address: 700 Main St Edmonds, WA 98103 Email: Carrie.Hite@edmondswa.gov RCFB Recreation and Conservation Office Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. M. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. N. EFFECTIVE DATE This Agreement, for project 14-1199A, shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until the date signed by both the sponsor and the RCO, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D: Period of Performance are allowed only when this Agreement is fully executed and an original is received by RCO. RCO 14-1199A Page 2 of 28 Packet Page 151 of 278 The sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement. The skators listed below represent and warrant their authority to bind the parties to this Agreement. City of Edmonds s As 0 y 1 By: "� Date: Name: (printed) Title: State of Washington, Recreation Conservation Office On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) By: '��6" j-Ma,14en Cottingham Director Recreation and Conservation Office Pre -approved as to form: By: /s/ Assistant Attorney General Date:��/=�i� Date: July 20, 2015 RECEIVED M STATE RECREATION AND CONSERVATION OFFICE RCO 14-1199A Page 3 of 28 Packet Page 152 of 278 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS............................................................. 6 SECTION 2. PERFORMANCE BY THE SPONSOR....................................................................... 7 SECTION3. ASSIGNMENT...................................................................................................... 7 SECTION 4. RESPONSIBILITY FOR PROJECT........................................................................... 7 SECTION 5. INDEMNIFICATION............................................................................................... 7 SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR......................................................... 8 SECTION 7. CONFLICT OF INTEREST...................................................................................... 8 SECTION 8. COMPLIANCE WITH APPLICABLE LAW.................................................................. 8 SECTION9. RECORDS........................................................................................................... 9 SECTION 10. PROJECT FUNDING............................................................................................. 9 SECTION 11. PROJECT REIMBURSEMENTS.............................................................................. 10 SECTION 12. ADVANCE PAYMENTS.......................................................................................... 10 SECTION 13. RECOVERY OF PAYMENTS................................................................................... 11 SECTION 14. COVENANT AGAINST CONTINGENT FEES............................................................. 11 SECTION 15. INCOME AND USE OF INCOME.............................................................................. 11 SECTION 16. PROCUREMENT REQUIREMENTS......................................................................... 11 SECTION 17. TREATMENT OF EQUIPMENT............................................................................... 12 SECTION 18. RIGHT OF INSPECTION........................................................................................ 12 SECTION 19. STEWARDSHIP AND MONITORING........................................................................ 12 SECTION 20. PREFERENCES FOR RESIDENTS........................................................................... 12 SECTION 21. ACKNOWLEDGMENT AND SIGNS.......................................................................... 12 SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS.................................................................................. 13 SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS ............................................. 13 SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHERUSES....................................................................................................... 14 SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS.. 14 SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS........ 15 RCO 14-1199A Page 4 of 28 Packet Page 153 of 278 SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY ................................................... 15 SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY................................................................................................................. 17 SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY....... 17 SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY ............ 17 SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY ............ 17 SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY.................................................................................................................. 18 SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA AND MARINE SHORELINE PROTECTION PROJECTS ONLY ............................................. 20 SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA PROJECTSONLY................................................................................................. 24 SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY................................................................................................................. 24 SECTION 36. ORDER OF PRECEDENCE.................................................................................... 26 SECTION37. AMENDMENTS..................................................................................................... 26 SECTION 38. LIMITATION OF AUTHORITY................................................................................. 26 SECTION 39. WAIVER OF DEFAULT.......................................................................................... 26 SECTION 40. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH............................................................................................................. 26 SECTION 41. SPECIFIC PERFORMANCE.................................................................................... 27 SECTION42. TERMINATION..................................................................................................... 27 SECTION 43. DISPUTE HEARING.............................................................................................. 27 SECTION 44. ATTORNEYS' FEES............................................................................................. 27 SECTION 46. GOVERNING LAW/VENUE..................................................................................... 27 SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THESPONSOR.................................................................................................... 28 SECTION 47. SEVERABILITY.................................................................................................... 28 RCO 14-1199A Page 5 of 28 Packet Page 154 of 278 WASHINGTON STATE Recreation and Conservation office Standard Terms and Conditions of the Project Agreement Project Sponsor: City of Edmonds Project Number: 14-1199A Project Title: Civic Center Field Acquisition Approval Date: 7/10/2015 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition project - A project that purchases or receives a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. Agreement or Project Agreement - The document entitled "Project Agreement" accepted by ail parties to the present transaction, including without limitation these Standard Terms and Conditions, all attachments, addendums, and amendments, and any intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any limitations on their effect. applicant - Any party that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the funding board. application - The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. C.F.R. - Code of Federal Regulations contractor - An entity that receives a contract from a sponsor. A contract is a legal instrument by which a non -Federal entity (sponsor) purchases property or services to carry out the project or program under a Federal award. A contractor is not the same as the sponsor or subrecipient. A contract is for the purpose of obtaining goods and services for the non -Federal entity's (sponsor's) own use and creates a procurement relationship with the contractor (2 C.F.R § 200.23 (2013)). development project - A project that results in the construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. director - The chief executive officer of the Recreation and Conservation Office or that person's designee. education project - A project that provides information, education, and outreach programs for the benefit of outdoor recreationists, education and enforcement project - A project that provides information, education, and outreach programs; encourages responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists. equipment - Tangible personal property (including information technology systems) having a useful life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the sponsor or $5,000 (2 C.F.R. § 200.33 (2013)). funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW. indirect cost - Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)). landowner agreement - An agreement that is required between a sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. maintenance project - A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreationists. maintenance and operation project - A project that maintains existing areas and facilities through repairs, upkeep, and routine servicing for the benefit of outdoor recreationists. match or matching share - The portion of the total project cost provided by the sponsor. milestone - An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. pass -through entity - A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is the pass -through entity. period of performance - The time during which the sponsor may incur new obligations to carry out the work authorized under this this Agreement (2 C.F.R. § 200.77 (2013)). planning (RCFB projects only) - A project that results in one or more of the following: a study, a plan, construction plans and specifications, and permits to increase the availability of outdoor recreational resources. planning (SRFB projects only) - A project that results in a study, assessment, project design, or inventory. pre -agreement cost - A project cost incurred before the period of performance. RCO 14-1199A Page 6 of 28 Packet Page 155 of 278 project - An undertaking that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. project cost - The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third -party contributions (2 C.F.R. § 200.83 (2013)). RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement - RCO's payment of funds from eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation project- A project intended to Improve an existing site or structure in order to increase its useful service life beyond original expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. restoration project - A project that brings a site back to its historic function as part of a natural ecosystem or improves the ecological functionality of a site. RCW - Revised Code of Washington RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor - one of two or more eligible organizations that sponsors a grant -funded project. Of these two sponsors, only one - the primary sponsor- may be the fiscal agent. sponsor or primary sponsor- The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. For projects funded with federal money, the sponsor is a subrecipient, which is a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency (2 C.F.R. § 200. 93 (2013)). subaward - An award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract (2 C.F.R. § 200.92 (2013)). A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a Federal subaward, the subaward amount is the grant program amount in Section F: Project Funding. subrecipient - Subrecipient means a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an Individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a Federal subaward, the sponsor is the subrecipient. WAC - Washington Administrative Code. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor and secondary sponsor where applicable, shall undertake the project as described in this Agreement, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth herein. Also see Section 36: Order of Precedence. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the RCO. SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post -completion stewardship responsibilities. SECTION 5. INDEMNIFICATION The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's RCO 14-1199A Page 7 or 28 Packet Page 156 of 278 agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its employees and agents for whom it is vicariously liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any contractors, subcontractors and vendors, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to State, its agents, officers and employees by the sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. SECTION 8. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor Is a public or non-public organization. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. Nondiscrimination Laws. The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. B. Wages and Job Safety. The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. RCO 14-1199A Page 8 of 28 Packet Page 157 of 278 Archaeological and Cultural Resources. The RCO facilitates the review of applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must assist RCO in compliance with Executive Order 05-05 or the National Historic Preservation Act before initiating ground -disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. D, Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list. SECTION 9. RECORDS A. Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project complete, as defined in Section 11: Project Reimbursements. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. B. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the sponsor's reports, including computer models and methodology for those models. C. Public Records. Sponsor acknowledges that the funding board is subject to RCW 42.56 and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04. Additionally, in compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 10. PROJECT FUNDING A. Authority. This agreement is funded through a grant award from the recreation and conservation funding board per WAC 286-13-050 and/or the salmon recovery funding board per WAC 420-04-050. The director of RCO enters into this agreement per delegated authority in RCW 79A.25.020 and 77.85.120. B. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. Requirements for Federal Subawards. Pre -agreements costs before the federal award date in Section F: Project Funding are ineligible unless approved by the federal award agency (2 C.F.R § 200,458 (2013)). RCO 14-1199A Page 9 of 28 Packet Page 158 of 278 E. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, In whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 11. PROJECT REIMBURSEMENTS A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12. The sponsors may only request reimbursement for eligible and allowable costs incurred during the period of performance. The sponsor may only request reimbursement after (1) this Agreement has been fully executed and (2) the sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section F: Project Funding. Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used as part of its matching share. RCO does not reimburse for donations, which the sponsor may use as part of its percentage. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. D. Retainage Held Until Project Complete. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved or required activities outlined in the Agreement are done; 2. On -site signs are in place (if applicable); 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; and 8. Fiscal transactions are complete. 9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. E. Requirements for Federal Subawards: Match. The sponsor's matching share must comply with 2 C.F.R. § 200.306 (2013). Any shared costs or matching funds and all contributions, including cash and third party in -kind contributions, must be accepted as part of the sponsor's matching share when such contributions meet all of the following criteria: 1. Are verifiable from the non -Federal entity's (sponsor's) records; 2. Are not included as contributions for any other Federal award; 3. Are necessary and reasonable for accomplishment of project or program objectives; 4. Are allowable under 2 C.F.R. Part 200, Subpart E-Cost Principles (2013); 5. Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6. Are provided for in the approved budget when required by the Federal awarding agency identified in Section G: Federal Fund Information of this Agreement; and 7. Conform to other provisions of 2 C.F.R. Part 200, Subpart D-Post Federal Award Requirements (2013), as applicable. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non -Federal entity (sponsor) must: 1. Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass -through entity (RCO) may approve extensions when requested by the sponsor. 2. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3. Refund any balances of unobligated cash that the Federal awarding agency or pass -through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non -Federal entity (sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. 4. Account for any real and personal property acquired with Federal funds or received from the Federal Government ir) accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property (2013). SECTION 12. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. See WAC 420-12. RCO 14-1199A Page 10 of 28 Packet Page 159 of 278 SECTION 13. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Overpayment Payments. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. C. Requirements for Federal Subawards. The pass -through entity (RCO) may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). SECTION 14. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 15. INCOME AND USE OF INCOME A. RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB. B. Income. 1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored with funding board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. (d) Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (RCW 79A.25.210). C. Use of income. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset: 1. The sponsor's matching resources; 2. The project's total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system; and/or 5. Capital expenses for similar acquisition and/or development and renovation. D. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307 Program income (2013). SECTION 16. PROCUREMENT REQUIREMENTS A. Procurement Requirements. If Sponsors have a procurement process that follows applicable state and/or required federal procurement principles, it must be followed. If no such process exists the sponsor must follow these minimum procedures: 1. Publish a notice to the public requesting bids/proposals for the project; 2. Specify in the notice the date for submittal of bids/proposals; 3. Specify in the notice the general procedure and criteria for selection; and 4. Comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. RCO 14-1199A Page 11 of 28 Packet Page 160 of 278 B. Requirements for Federal Subawards. For all Federal subawards except RTP projects, non -Federal entities (sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions (2013). For RTP subawards, sponsors follow such policies and procedures allowed by the State when procuring property and services under a Federal award (2 C.F.R § 1201,317 (2013)). State procurement policies are in subsection A of this section. SECTION 17. TREATMENT OF EQUIPMENT Discontinued Use. Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the equipment for the purpose for which it was funded, RCO will require the sponsor to deliver the equipment to RCO, dispose of the equipment according to RCO policies, or return the fair market value of the equipment to RCO. Equipment shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing. Loss or Damage. The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that equipment in accordance with sound management practices. C. Requirements for Federal Subawards. Except RTP, procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum, meet the following requirements (2 C.F.R § 200.313 (2013)): 1. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 4. Adequate maintenance procedures must be developed to keep the property in good condition. 5. If the non -Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. Requirements for RTP Subawards. The subrecipient (sponsor) shall follow such policies and procedures allowed by the State with respect to the use, management and disposal of equipment acquired under a Federal award (2 C.F.R § 1201.313 (2013)). SECTION 18. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure as described in Section 22.13: Control and Tenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 19. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board. SECTION 20. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 21. ACKNOWLEDGMENT AND SIGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. Signs. The sponsor also shall post signs or other appropriate media during the project period of performance and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. RCO 14-1199A Page 12 of 28 Packet Page 161 of 278 C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The fund source; 2. The percentage of the total costs of the project that is financed with federal money; 3. The dollar amount of federal funds for the project; and 4. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a development, maintenance, renovation or restoration project: A. Document Review and Approval. The sponsor agrees to submit one copy of all construction plans and specifications to RCO for review prior to implementation or as otherwise identified in the milestones. Review and approval by RCO will be for compliance with the terms of this Agreement. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. B. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long-term lease, easement, or fee simple ownership) for the land proposed for construction. The documentation must meet current RCO requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement. C. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." D. Use of Best Management Practices. Sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection Guidelines", 2002; "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species" which is available on the WISC Web site. SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition project: A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. B. Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. See WAC 420-12 or 286-13. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. RCO 14-1199A Page 13 of 28 Packet Page 162 of 278 E. Real Property Acquisition and Relocation Assistance Federal Acquisition Policies. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. State Acquisition Policies. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter468-100 WAC. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with Section 8.C.: Archaeological and Cultural Resources before structures are removed or demolished. G. Hazardous Substances. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: a. No hazardous substances were found on the site, or b. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. Requirements for Federal Subawards. The non -Federal entity (sponsor) must submit reports at least annually on the status of real property in which the Federal Government retains an interest, unless the Federal interest in the real property extends 15 years or longer. In those instances where the Federal interest attached is for a period of 15 years or more, the Federal awarding agency or the pass -through entity (RCO), at its option, may require the sponsor to report at various multi -year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or a Federal awarding agency or RCO may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years) (2 C.F.R § 200.329 (2013)). SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. Also see WAC Title 286 or 420. It is the intent of the funding board's conversion policy, current or as amended in the future, that all real property or facilities acquired, developed, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies. SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition, development, maintenance, renovation or restoration project: A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained: According to applicable federal, state, and local laws and regulations, including public health standards and building codes 2. In a reasonably safe condition for the project's intended use. 3. Throughout its estimated useful service life so as to prevent undue deterioration. 4. In compliance with all federal and state nondiscrimination laws, regulations and policies. RCO 14-1199A Page 14 of 28 Packet Page 163 of 278 B. Open to the public. Facilities open and accessible to the general public must: 1. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. 2. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility. SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use, (e.g., members only). SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified in Section G: Federal Fund Information. A. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 Fed. Reg. 12319, 12935, 3 C.F.R. 1964, 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (41 C.F.R. § 60-1.3) Construction work means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. (41 C.F.R. § 60-1.3) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities (sponsors) must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity (sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity (sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund Information. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient (sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity (sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund Information. RCO 14-1199A Page 15 of 28 Packet Page 164 of 278 C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity (sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 C.F.R § 401.2(a) and the recipient or subrecipient (sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient (sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. E. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section G: Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA). F. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. G. Procurement of Recovered Materials. A non -Federal entity (sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. H. Required Insurance. The non -Federal entity (sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non -Federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). I. Debarment and Suspension (Executive Orders 12549 and 12689). The sponsor must not award a contract (see 2 C.F.R § 180.220) to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. RCO 14-1199A Page 16 of 28 Packet Page 165 of 278 SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Firearms and Archery Range Recreation Account. A. Liability Insurance. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. B. Insurance Endorsement. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. C. Length of Insurance. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement in Section E: On -going Obligation. D. Notice of Cancellation. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor. E. Government Agencies. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. F. Sole Duty of the Sponsor. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others, for any and all remedies that may be available by law. SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Land and Water Conservation Fund. If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement and incorporated herein. The sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Washington Wildlife and Recreation Program Farmland Preservation Account. For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement: A. Section 15 - Income and Income Use; B. Section 19 - Stewardship and Monitoring; C. Section 21 - Acknowledgement and Signs; D. Section 23 - Provisions applying to Acquisition Projects, Sub -sections D, F, and G; E. Section 24 - Restriction on Conversion of Real Property and/or Facilities to Other Uses; and F. Section 25 - Construction, Operation and Maintenance of Assisted Projects. SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded by the SRFB. For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. RCO 14-1199A Page 17 of 28 Packet Page 166 of 278 SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Puget Sound Acquisition and Restoration program. The sponsor agrees to the following terms and conditions: A. Cost Principles/Indirect Costs for State Agencies. Sub -Recipient (sponsor) will comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013). Unless otherwise indicated, the cost principles apply to the use of funds provid6d under this Agreement and in -kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. B. Sub -recipient (sponsor) shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements), if the sponsor expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for each year is a cumulative total of all federal funding from all sources. The sponsor shall forward a copy of the audit along with the sponsor's response and the final corrective action plan to RCO within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site:hftp://harvester.census.gov/facweb C. Credit and Acknowledgement. In addition to Section 21: Acknowledgement and Signs, materials produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership (PSP) logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." This requirement is for the life of the product, whether during or after the Agreement period of performance. D. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel -Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. E. Drug Free Workplace Certification. Sub -recipient (sponsor) shall make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Sponsors who are individuals must comply with the drug -free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.gov. F. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs which are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except for the extent authorized as a direct cost of carrying out the scope of work. G. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision applies only to a Sub -recipient (sponsor), and all sub-awardees of sub -recipient (sponsor), if any. Sub -recipient (sponsor) shall include the following statement in all sub -awards made to any private entity under this Agreement. "You as the sub -recipient, your employees, sub-awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award" Sub -recipient (sponsor), and all sub-awardees of sub -recipient (sponsor) must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. Lobbying. The chief executive officer of this recipient agency (sponsor) shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. The recipient (sponsor) shall abide by their respective Cost Principles (OMB Circulars A-21, A-87, and A-122), which generally prohibits the use of federal grant funds for litigation against the U. S. or for lobbying or other political activities. The sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in award documents for all sub -awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure. RCO 14-1199A Page 18 of 28 Packet Page 167 of 278 All contracts awarded by sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, sponsor affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined In Section 3 of the Lobbying Disclosure Act. I. Reimbursement Limitation. If the sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the RCO approved budget. J. Disadvantaged Business Enterprise Requirements. Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award. K. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit, to the maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. These goals are expressed as a percentage of the total dollars available for the purchase or Agreement and are as follows: Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and no Agreement award or rejection shall be made based on achievement or non -achievement of the goals. Achievement of the goals is encouraged, however, and sponsor and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. L. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: 1. There are any funds budgeted in the contractual/services, equipment or construction lines of the award; 2. $3,000 or more is included for supplies; or 3. There are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as 4. Described in items (a) and (b). When completing the form, recipients (sponsors) should disregard the quarterly and semi-annual boxes in the reporting period section 1 B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on planned procurements. Recipients (sponsors) with funds budgeted for non -supply procurement and/or $3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not. If no procurements take place during the reporting period, the recipient should check the box in section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the sponsor's region. Contact information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators can also answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations, the sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA From 5700-52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe_reporting,htm. M. SIX GOOD FAITH EFFORTS, 40 C.F.R., Part 33, Subpart C. Pursuant to 40 C.F.R. § 33.301, the sponsor agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub -recipients (sponsors), and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: 1. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government sponsors, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government sponsors, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. RCO 14-1199A Page 19 of 28 Packet Page 168 of 278 4. Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms to handle individually. 5. Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development of the Department of Commerce. 6. If the sponsor awards subcontracts, require the sponsor to take the steps in paragraphs (1) through (5) of this section. Lobbying & Litigation. By signing this agreement, the sponsor certifies that none of the funds received from this agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this sponsor agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The sponsor shall abide by its respective Attachment in 2 CF.R. Part 200, which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms: Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable. O. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients (sponsors) or by a recipients' (sponsor's) contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient (sponsor) with responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.3690), as applicable, for additional information, As of January 1, 2014, the limit is $602.24 per day $75.28 per hour. Peer Review. Where appropriate, prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA AND MARINE SHORELINE The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restoration Program - EPA or the Marine Shoreline Protection program. The sponsor shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement. A. Administrative Conditions 1. Cost Principles. The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200 (2013). Unless otherwise indicated, the Cost Principles apply to the use of funds provided under this Agreement and In -kind matching donations. The applicability of the Cost Principles depends on the type of organization incurring the costs. 2. Audit Requirements. The sponsor shall fully comply with requirements of 2 C.F.R. Part 200, Subpart F- Audit Requirements (2013), if applicable. See also Section F: Project Funding. 3. Hotel -Motel Fire Safety Act. Pursuant to 40 C.F.R. 30.18, if applicable, and 15 U.S.0 2225a, sponsor agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended. The sponsor may search the Hotel -Motel National Master List at: http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 4. Recycled Paper Institutions of Higher Education Hospitals and Non -Profit Organizations. In accordance with 40 C.F.R. 30.16, sponsor agrees to use recycled paper and double -sided printing for all reports which are prepared as a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. RCO 14-1199A Page 20 of 28 Packet Page 169 of 278 b. State Agencies and Political Subdivisions. In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials Identified in guidelines developed by EPA. These guidelines are listed in 40 C.F.R. 247. c. State and Local Institutions of Higher Education and Non -Profit Organizations. In accordance with 40 C.F.R. § 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. d. State Tribal and Local Government Recipients. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 5. Lobbying. The sponsor agrees to comply with Title 40 C.F.R. Part 34, New Restrictions on Lobbying. The sponsor shall include the language of this provision in award documents for all sub -awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 C.F.R. Part 34 or falls to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure. See also Section 11: Compliance with Applicable Federal Laws. a. Part 30 Recipients. All contracts awarded by the sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, the sponsor affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. b. Lobbying and Litigation. The sponsor's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The sponsor shall abide by its respective Appendix in 2 C.F.R. Part 200, which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 6. Suspension and Debarment. The sponsor shall fully comply with Subpart C of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532, entitled 'Responsibilities of Participants Regarding Transaction (Doing Business with Other Persons)'. The sponsor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532, entitled 'Covered Transactions', includes a term or condition requiring compliance with Subpart C. The sponsor Is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R. § 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. The sponsor may access the Excluded Parties List System at: http://www.epls.gov. This term and condition supersedes EPA Form 5700-49, 'Certification Regarding Debarment, Suspension, and Other Responsibility Matters'. See also Section 27: Provisions for Federal Subawards Only. 7. Drug -Free Workplace Certification. The sponsor must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, the sponsor must identify all known workplaces under its federal award; and keep this information on file during the performance of the award. a. Sponsors who are individuals must comply with the drug -free provisions set forth in 2 C.F.R. Part 1536 Subpart C. b. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. The sponsor can access 2 C.F.R Part 1536 at http://ecfr.gpoaccess.gov. 8. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. g, Reimbursement Limitation. If the sponsor expends more than the grant amount in this Agreement in its approved budget in anticipation of receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the approved budget. See also Section 11: Project Reimbursements. RCO 14-1199A Page 21 of 28 Packet Page 170 of 278 10. Trafficking in Persons. The following prohibition statement applies to the sponsor, and all sub-awardees of the sponsor. The sponsor must include this statement in all sub -awards made to any private entity under this Agreement. "YOU AS THE SUB -RECIPIENT, YOUR EMPLOYEES, SUB-AWARDEES UNDER THIS AWARD, AND SUB-AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB -AWARDS UNDER THIS AWARD." Disadvantaged Business Enterprise Requirements, General Compliance. The sponsor agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 C.F.R. Part 33. 12. Sub -Awards. If the sponsor makes sub -awards under this Agreement, the sponsor is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. The sponsor agrees to: a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE); C. Ensure that any sub -awards comply with the standards in 2 C.F.R. Part 200, and are not used to acquire commercial goods or services for the sub-awardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; f. Obtain RCO's consent before making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and g. Obtain approval from RCO for any new sub -award work that is not outlined in the approved work plan in accordance with 40 C.F.R. Parts 30.25 and 31.30, as applicable. 13. Federal Employees. No Subcontract or grant funds may be used to provide any Federal Employee transportation assistance, reimbursement, and any other expense. 14. Fly America Act. The sponsor agrees to comply with 49 U.S.C. 40118 (the "Fly America" act) in accordance with the General Services Administration's regulations at 41 C.F.R. Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The sponsor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The sponsor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 15. Recovered Materials. The sponsor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247. See also Section 27: Provisions for Federal Subawards Only. 16. Copeland "Anti -Kickback" Act. All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 C,F,R, Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27: Provisions for Federal Subawards Only. 97. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7). When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27: Provisions for Federal Subawards Only. RCO 14-1199A Page 22 of 28 Packet Page 171 of 278 1 g, Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. See also Section 27: Provisions for Federal Subawards Only. 19. Rights to Inventions Made Under a Contractor Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 C.F.R. Part 401, "Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. See also Section 27: Provisions for Federal Subawards Only. 20. FY12 APPR ACT: Unpaid Federal Tax liabilities and Federal Felony Convictions. This Agreement is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, HR 2055, Division E, Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions. Accordingly, by accepting this award the recipient acknowledges that it (1) is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal conviction under and Federal law within 24 months preceding the award, unless EPA has considered suspension or debarment of the corporation, or such officer or agent, based on these tax liabilities or convictions and determined that such action is not necessary to such action is not necessary to protect the Government's interests. If the recipient fails to comply with these provisions, EPA will annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434. B. Programmatic Conditions: 1. Semi -Annual FEATS Performance Reports. The sponsor is required to submit performance reports every six months, unless a different reporting frequency is outlined in the Scope of Work, using the reporting tool supplied by RCO. The sponsor agrees to include brief information on each of the following areas: a. Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; b. The reasons for slippages if the established outputs/outcomes were not met; AND C. Additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs. Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 15 days after the end of each reporting period. 2. Final Performance Report. In addition to the periodic performance reports, the sub -recipient will submit a final performance report to RCO within 60 calendar days after the expiration or termination of the award. The report shall be submitted to the RCO Grant Manager and must be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. Recognition of EPA Funding. Reports, documents, signage, videos, or other media, developed as part of projects funded by this Agreement shall contain the following statement: "THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDERASSISTANCE AGREEMENT TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE. THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF THE ENVIRONMENTAL PROTECTION AGENCY, NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE." Copyrighted Material. EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this Agreement as a result of: a) the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b) termination or expiration of this agreement. Peer Review. The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to releasing any final reports or products resulting from the funded study. RCO 14-1199A Page 23 of 28 Packet Page 172 of 278 Quality Assurance Requirements. Acceptable Quality Assurance documentation must be submitted to the Grant Program within 30 days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager. The National Estuary Program (NEP) Quality Coordinator supports quality assurance for EPA -funded NEP projects. No work involving direct measurements or data generation, environmental modeling, compilation of data from literature or electronic media, and data supporting the design, construction, and operation of environmental technology shall be initiated under an agreement until RCO or the NEP Quality Coordinator has approved the quality assurance document. The sponsor will submit all Quality Assurance documentation to the following address. Please copy the Grant Program on all correspondence with the NEP Quality Coordinator. Thomas H. Gries, NEP Quality Coordinator Department of Ecology Tgri460@ecy.wa.gov 360,407,6327. Environmental Data and Information Technology. Sub -recipients are required to institute standardized reporting requirements into their work plans and include such costs in their budgets. All environmental data will be required to be entered into the EPA's Storage and Retrieval data system (STORET). The best method (local or state consolidated) for reporting will be determined on a project -by -project basis between the DFW grant manager and sub -recipient. More information about STORET can be found at http://www.epa.gov/STORET, SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restoration Program - EPA. A. DUNS and CCR Requirements 1. Unless otherwise exempted from this requirement under 2 C.F.R. § 25.110, the sponsor must maintain the currency of its information in the CCR until submission of its final financial report required under this Agreement or receive the final payment, whichever is later. 2. The sponsor may not make a sub -award to any entity unless the entity has provided its DUNS number to the sponsor. FY2011 ACORN Funding Restriction. No funds provided under this Agreement may be used for sub-awards/sub-grants or contracts to the Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries. SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Marine Shoreline Protection program. The Sub -Recipient shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement. A. Federal Finance Report (FFR). Recipients (sponsor) shall submit final Federal Financial Reports (FFR), Standard Form 425 (SF-425), to EPA no later than 90 calendar days after the end of the project period. The form is available on the Internet at www.epa.gov/ocfo/finservices/f`orms.htm. All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC, 4220 S. Maryland Pkwy Bldg C, Rm 503, Las Vegas, NV 89119, or by FAX to: 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients (sponsor) will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take enforcement actions in accordance with 40 C.F.R. § 30.62 and 40 C.F.R. § 31.43 if the recipient does not comply with this term and condition. B. Reimbursement Limitation. If the sponsor expends more than the amount of federal funding in its approved budget in anticipation of receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally obligated to reimburse Sub -Recipient for costs incurred in excess of the approved budget. C. DUNS and CCR Requirements Requirement for Central Contractor Registration (CCR)/System for Award Management (SAM). Unless the sponsor is exempted from this requirement under 2 C.F.R. § 25.110, the sponsor must maintain the currency of its information in the SAM until the sponsor submits the final financial report required under this award or receive the final payment, whichever is later. This requires that the sponsor review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Requirement for Data Universal Numbering System (DUNS) numbers. If the sponsor is authorized to make subawards under this award, the sponsor: a. Must notify potential subrecipients that no entity may receive a subaward from the sponsor unless the entity has provided its DUNS number to the sponsor. b. May not make a subaward to an entity unless the entity has provided its DUNS number to the spnosor. RCO 14-1199A Page 24 of 28 Packet Page 173 of 278 3. Definitions. For purposes of this award term: a. Central Contractor Registration (CCR)/System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the System for Award Management (SAM) Internet site http://www.sam.gov. b. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform). C. Entitv.as it is used in this award term, means all of the following, as defined at 2 C.F.R Part 25, subpart C: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for -profit organization; and v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. d. Subaward: I. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. —.210 of the attachment to OMS Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. e. Subrecipient means an entity that: I. Receives a subaward from you under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. D. CIVIL RIGHTS OBLIGATIONS 1. General. This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on: 1) EPA Form 4700-4, "Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance'; and 2) Standard Form 4248 or Standard Form 424D, as applicable. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 2. Statutory Requirements. In carrying out this agreement, the recipient must comply with: a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP), by entities receiving Federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance; and G. The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving d• Federal financial assistance. If the recipient is conducting an education program under this agreement, it must also comply with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance. If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities. 3. Regulatory Requirements. The recipient agrees to comply with all applicable EPA civil rights regulations, including: a. For Title IX obligations, 40 C.F.R. Part 5; and b. For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7. C. As noted on the EPA Form 4700-4 signed by the recipient's authorized representative, these regulations establish specific requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights Coordinator, and providing notices of non-discrimination. RCO 14-1199A Page 25 of 28 Packet Page 174 of 278 4. Title VI - LEP, Public Participation and Affirmative Compliance Obligation. As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" The guidance can be found at http://frwebgate.access.gpo.gov/cgi-binigetdoc.cgi?dbname=2004 register&docid=fr25jn04-79. pdf If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPAAssistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at http://edocket.access.gpo.gov/2006/pdf/06-2691.pdf. In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPAthat such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. Additional Term and Condition for Agricultural Landowners - Riparian Buffer Term for Agricultural Landowners. To be eligible for NEP implementation funding, provided directly or through a subaward, a private agricultural land owner whose property borders fresh or estuarine waters must establish and maintain a riparian buffer on all water courses on the property consistent with the National Marine Fisheries Service (NMFS) guidelines for Riparian Buffers Along Agricultural Water Courses in NW Washington and NRCS guidance on the NMFS guidelines. A land owner may be excluded from meeting this requirement if the funding is used solely for removal of shoreline armoring, onsite sewage system repair or replacement, engineered dike setbacks, or culvert or tide -gate replacements that provide for fish passage at all life stages. In some cases, the NJ\.1 FS recommendations are framed in terms of ranges of buffer widths rather than point estimates, and expressed as probabilities of achieving desired outcomes. Local conditions and local circumstances matter, and may affect the choice of the riparian buffer most effective at achieving salmon recovery. Buffer widths may be less than specified in the table in cases where there is a scientific basis for doing so and all affected tribes in the watershed agree to deviations from the NMFS guidelines or where there are physical constraints on an individual parcel (e.g. transportation corridors, structures, naturally occurring. SECTION 36. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order; A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency; E. State law; F. Washington Administrative Code; G. Project Agreement; H. Board policies and procedures. SECTION 37. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions in and minor scope adjustments need only be signed by RCO's director or designee, unless the consent of the sponsor to an extension or scope adjustment is required by its auditing policies, regulations, or legal requirements, in which case, no extension shall be effective until so consented. SECTION 38. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 39. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the original Agreement. SECTION 40. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. RCO 14-1199A Page 26 of 28 Packet Page 175 of 278 SECTION 41. SPECIFIC PERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 42. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340. A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: 1. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or 2. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 43. DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 44. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. RCO 14-1199A Page 27 of 28 Packet Page 176 of 278 SECTION 45. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR In the cases where this Agreement is between the funding board (State) and a federally recognized Indian Tribe, the following governing law/venue applies, but only between those parties: A. Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court. B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers, employees, and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F: Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance, or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys' fees. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 47. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. RCO '14-1199A Page 28 of 28 Packet Page 177 of 278 Legal Description Project Sponsor: City of Edmonds Project Title: Civic Center Field Acquisition Worksite Name Property Name Legal Description Project Number: 14-1199 A RCO Approval: 07/10/2015 Worksite #1 Civic Center/Field Civic Center/Field Lott-20 Block 99, all of Block 100, and lots 21-40 Block 101, plat of the City of Edmonds, according to the plat thereof in volume 2 of Plats, Page 39, records of Snohomish County, WA. Situate in the County of Snohomish, State of Washington. LEGALDSC.RPT September 22, 2015 Page 1 Packet Page 178 of 278 Eligible Scope Activities Project Sponsor: City of Edmonds Project Title: Civic Center Field Acquisition Program: WWRP - Local Parks Acquisition Metrics Property: Civic Center/Field (Worksite #1, Civic Center/Field) Real Property Acquisition Land Acres by Acreage Type (fee simple): Uplands Existing structures on site: Incidentals Appraisal Appraisal Review Closing, Recording, Taxes, Title Cultural resources (Acq) Administrative Costs (Acq) Administrative costs (Acq) Project Number: 14-1199 Project Type: Acquisition Approval: 7/10/2015 7.92 Structures retained for eligible use ELIGREIM.RPT September 22, 2015 Page: 1 Packet Page 179 of 278 Milestone Report By Project Project Number: 14-1199 A Project Name: Civic Center Field Acquisition Sponsor: Edmonds City of Project Manager: Kyle Guzlas OrderAppraisal(s) Target ..Comments/DescriptionX 04/01/2015 X I Order Appraisal Review(s) 05/15/2015 X I Cultural Resources Complete 08/01/2015 RCO has completed cultural resources consultation with Native American tribes and the Department of Archaeology and Historic Preservation. No further cultural resource investigation is required at this time. DAHP Log No: 072015-14-RCFB Project Start 09/01/2015 I Purchase Agreement Signed 12/31/2015 I Progress Report Submitted 12/31/2015 Acquisition Closing 02/29/2016 Recorded Acq Documents to RCO 03/31/2016 Funding Acknowl Sign Posted 03/31/2016 Final Billing to RCO 04/30/2016 Final Report in PRISM 05/31/2016 I Agreement End Date 06/30/2016 i Annual Project Billing 07/31/2016 X = Milestone Complete I = Critical Milestone WILESTO.RPT September 22, 2015 Packet Page 180 of 2781 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT ("Agreement") is entered into by and between the City of Edmonds, a Washington municipal corporation, ("Buyer"), and the Edmonds School District #15, a Washington municipal corporation ("Seller"), as of the date appearing in the last paragraph of this Agreement ("Effective Date"). Buyer and Seller may hereafter be known individually as "Party" and collectively as "Parties." RECITALS A. Seller owns certain real property and improvements located thereon in downtown Edmonds, Snohomish County, Washington, known as Civic Field and more particularly described in Exhibit A and depicted in Exhibit B attached hereto (the "Property"). B. Buyer has been leasing the Property from Seller for over 35 years, pursuant to a Lease Agreement dated August 1, 1977, as amended by Addendum to Lease Agreement dated January 20, 1981 (as amended, the "Lease"). Buyer now desires to purchase the Property because of its conservation values, including, without limitation, public recreational use, and public open and green space. C. Seller desires to sell the Property (as defined herein) to Buyer, and Buyer desires to purchase the Property from Seller on the terms and conditions set forth in this Agreement. Buyer and Seller are entering into this Agreement pursuant to the authority granted in Chapter 39.33 Revised Code of Washington, (Intergovernmental Disposition of Property Act) which permits a political subdivision of the State of Washington to sell real property to the state or any municipality or any political subdivision thereof on such terms and conditions as may be mutually agreed upon by the proper authority of the state and/or the subdivisions concerned. Intending to be legally bound, for good and valuable consideration, including the mutual covenants and promises of the Parties, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows: 1. PROPERTY. The "Property" subject to this Agreement consists of all of the following: a. That certain real property consisting of approximately 6.07 acres, more or less, located at 310 6th Avenue N, Edmonds, Washington and more particularly described in Exhibit A attached hereto (the "Land"). b. All rights, privileges and easements appurtenant to the Land, including without limitation all minerals, oil, gas and other hydrocarbon substances on the Land, all development rights, air rights, water, water rights and stock water relating to the Land, and any and all easements, rights -of -way and other appurtenances used in Packet Page 181 of 278 connection with the beneficial use and enjoyment of the Land (collectively, the "Appurtenances"). 2. PURCHASE. Seller shall sell and convey the Property to Buyer, and Buyer shall purchase the Property from Seller, on the terms, covenants and conditions set forth in this Agreement. Buyer acknowledges that Buyer is in occupancy of the Property pursuant to the Lease and that prior to Closing (as defined below in Section 9.1); Buyer shall have performed any further inspections it desires with respect to the Property. Buyer will be purchasing the Property in its present physical condition, "As Is," except for the express covenants, representations and warranties and indemnities contained in this Agreement. As of the Effective Date, Buyer agrees that Seller has made no representations or warranties or agreements of any kind or nature regarding the Property, except for the express warranties contained in this Agreement. 3. PURCHASE PRICE. 3.1. Amount. The purchase price ("Purchase Price") for the Property shall be One Million Nine Hundred Thousand and 00/100 Dollars ($1,900,000.00). 3.2. Payment. Buyer shall pay Seller the Purchase Price at Closing. 3.3 Earnest Money; Liquidated Damages. Within two (2) days after the Effective Date, Buyer shall deliver to Chicago Title Insurance Company, 3002 Colby Ave #200, Everett, WA 98201 ("Escrow Holder"), an executed earnest money promissory note in the amount of Fifty Thousand Dollars ($50,000.00), in the form of Exhibit 3.3 (the "Earnest Money Note"). Simultaneously with Buyer's delivery of an Approval Notice pursuant to Section 6.4, the Earnest Money Note shall be converted to cash, and shall become non- refundable. The earnest money funds (the "Deposit") shall be applied to the Purchase Price at Closing. The Deposit shall be nonrefundable to Buyer. IN THE EVENT BUYER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES AS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO SELLER. Buyer and Seller agree that the Deposit represents a reasonable sum considering all of the circumstances existing on the date of this Agreement and represent a reasonable estimate of the losses that Seller will incur if Buyer fails without legal excuse to purchase the Property. 4. TITLE. 4.1. Condition of Title. Title shall be insurable by a 2006 ALTA Owner's Standard Coverage Policy in the amount of the Purchase Price (the "Title Policy"), subject only to the Permitted Exceptions (as defined below in section 4.3). Seller shall satisfy all requirements of the Title Company in connection with issuance of the title policy in accordance with the Commitment. 4.2. Title Insurance Commitment. Buyer has obtained a current title insurance commitment issued by First American Title Insurance Company (the "Title 2 Packet Page 182 of 278 Company"), under commitment number 4229-2358636 (Second Report), dated August 20, 2015 ("Commitment"), showing title to the Property vested in Seller and committing to insure such title in Buyer by the issuance of a 2006 ALTA Owner's Standard Coverage Policy of title insurance in the amount of the Purchase Price. Buyer shall be solely responsible for the cost of any policy endorsements ("Endorsements") as required by Buyer. 4.3. Review of Title. Buyer shall have until twenty (20) days before the end of the Due Diligence Period (as defined in section 6.4) to notify Seller in writing of any objection Buyer, in its sole discretion, may have to any exceptions shown on the Commitment. Seller will promptly notify Buyer within seven (7) business days after receipt of Buyer's written objection if Seller agrees to remove exceptions Buyer objected to (which removal will be accomplished on or prior to Closing, as defined in Section 9.1 below), and if Seller does not agree to remove such exceptions Buyer shall then have three (3) business days to either waive the objection in writing or agree to take title subject to such exceptions (and Buyer's failure to notify Seller of such decision shall be deemed to be Buyer's election to take title subject to such exceptions). Those exceptions disclosed in the Commitment that Buyer does not disapprove, those exceptions Buyer elects (or is deemed to have elected) to take title subject to, and those matters created by Buyer (as tenant under the Lease) constitute permitted exceptions ("Permitted Exceptions"). Seller and Buyer shall cooperate to remove special exception number 9 from the Commitment at Closing (as the lease referred to in special exception number 9 will be terminated by merger upon Buyer's acquisition of the Property). Seller shall immediately notify Buyer of any liens, leases, encumbrances, easements, restrictions, conditions, covenants, rights -of -way and other matters affecting title to the Property that are created by Seller and which may appear of record or be revealed by survey or otherwise after the date of the Commitment but before the Closing (collectively, "Intervening Exceptions"). Intervening Exceptions shall be subject to Buyer's approval and Buyer shall have ten (10) business days after notice in writing of any Intervening Exception, together with a description thereof and a copy of the instrument creating or evidencing the Intervening Exception, if any, to either accept it (whereupon the Intervening Exception shall become a Permitted Exception) or submit written objection. Seller will promptly notify Buyer within ten (10) business days after receipt of Buyer's written objection if Seller agrees to remove Intervening Exceptions that do not become Permitted Exceptions prior to Closing, and if Seller does not agree to remove such Intervening Exceptions Buyer shall then have ten (10) business days to either waive the objection in writing or agree to take title subject to such Intervening Exceptions. 5. CONDITIONS PRECEDENT. 5.1. Conditions to Purchase. Buyer's obligations with respect to purchase of the Property and the Closing are subject to fulfillment of the conditions precedent ("Buyer's Conditions Precedent") described below, or waiver thereof by Buyer, not later than the earlier of the date set forth below or the Closing Date (defined in Section 9.1 below). a. Title Policy. All requirements set forth in the Commitment (including any update) shall have been satisfied or waived by the Title Company and the Packet Page 183 of 278 Title Company shall be prepared at the Closing Date to issue the Title Policy as described in Section 4. b. Representations, Warranties and Covenants of Seller. Seller shall have performed each and every obligation to be performed by Seller under this Agreement, and Seller's representations and warranties in this Agreement shall be true and correct in all material respects as of the Closing. C. No Adverse Changes. As of the Closing, there shall have been no material adverse change in the physical condition of the Property from the date of this Agreement. d. Seller's Deliveries. Seller shall have delivered each of the items described in Section 6.1 to Buyer and in Section 8.1 to Escrow Holder. e. Investigation. Buyer shall have delivered an Approval Notice to Seller by the end of the Due Diligence Period to confirm that the condition stated in Section 6.4 has been satisfied or waived within the time period required therein. f. No Seller Bankruptcy. If at any time prior to Closing, (i) there shall be filed against or by Seller a petition in bankruptcy or insolvency or a petition seeking to effect any plan or other arrangement with creditors or seeking the appointment of a receiver and the same is not discharged or dismissed before Closing; (ii) a receiver or liquidator is appointed for all or substantially all of Seller's property; (iii) Seller makes an assignment for the benefit of creditors or takes any other similar action for the benefit or protection of creditors, then Buyer shall have the right in its sole and absolute discretion and in addition to all other remedies available to Buyer pursuant to this Agreement or at law or in equity to cancel and terminate this Agreement after which the Deposit shall be returned to Buyer and neither Party shall have any further rights or obligations under this Agreement. 5.2. Benefit of Buyer. The Buyer's Conditions Precedent are solely for the benefit of Buyer and may be waived only in writing by Buyer. Buyer shall at all times have the right to waive any condition. The waiver by Buyer of any condition in any specific circumstances shall not be a waiver of such condition with respect to any other circumstances or a waiver of any other condition and shall not relieve Seller of any liability or obligation with respect to any representation, warranty, covenant or agreement of Seller, unless the waiver expressly so provides. 5.3. Termination. If any Buyer's Condition Precedent is not timely fulfilled and is not waived by Buyer, Buyer may terminate this Agreement by written notice to Seller and Escrow Holder shall, if Buyer so instructs, return to the Parties all funds and documents deposited by them, respectively, with the Escrow Holder. 6. INVESTIGATION OF THE PROPERTY. 0 Packet Page 184 of 278 6.1. Seller's Initial Deliveries. Within ten (10) business days from the Effective Date, Seller shall, at its sole expense, deliver to Buyer copies of disclosure materials pertaining to the condition and/or operation of the Property to the extent currently in possession of Seller. Buyer waives the right to receive a seller disclosure statement if required by RCW 64.06 (the "Form 17," with RCW 64.06 referred to as the "Seller Disclosure Statute"); provided, however, that if the answer to any of the questions in the section of the Form 17 entitled "Environmental" would be "yes," then Buyer does not waive the receipt of the "Environmental" section of the Form 17. Buyer acknowledges and agrees that (i) neither the Form 17 nor any information or statements set forth therein comprise part of this Agreement, (ii) pursuant to RCW 64.06.070, neither the Seller Disclosure Statute nor the Form 17 gives Buyer any additional rights or remedies except for the right of rescission exercised on the basis and within the time limits provided by the Seller Disclosure Statute, and (iii) all statements and information provided by Seller on the Form 17, if any, are made to the actual knowledge of Seller. 6.2. Entry. Without limiting any other rights of Buyer under this Agreement, as of the Effective Date, Buyer and Buyer's agents and employees shall have the right to conduct soils, engineering, environmental and other tests at the Property at Buyer's sole expense. Seller agrees, at Buyer's cost, to cooperate with any such investigations, inspections, or studies made by or at Buyer's direction. The exercise by Buyer of any of the preceding rights or any other act of Buyer shall not negate any representation, warranty or covenant of Seller, or modify any of Buyer's rights or Seller's obligations in the event of any breach by Seller of any of its representations, warranties or covenants under this Agreement. Buyer shall indemnify and hold Seller harmless from any and all damages, liabilities, expense, liens or claims (including but not limited to attorneys' fees) arising from the activities or negligence of Buyer or its employees or agents in the exercise of its testing rights hereunder or failure to pay third parties for testing work as described herein; and the provisions of this indemnity shall survive termination of this Agreement. 6.3. Environmental Assessment. Buyer may obtain such environmental assessments of the Property as Buyer deems appropriate; provided, however, that before conducting any invasive drilling or sampling of the Property, Buyer shall first obtain Seller's written consent as to the work plan, scope and locations of such work, which consent shall not be unreasonably withheld or delayed. 6.4. Period for Investigation. Closing of this transaction is conditioned on Buyer's satisfaction with the Property, the suitability of the Property for Buyer's intended uses and the feasibility of this transaction in Buyer's sole and absolute discretion. Buyer shall have forty (40) business days from the Effective Date to conduct its investigation (the "Due Diligence Period") and to send written notice to Seller ("Approval Notice") that Buyer has satisfied or waived this condition. If Buyer fails to provide an Approval Notice to Seller and the Title Company that this condition is satisfied or waived (together with a conversion of the Earnest Money Note into a cash earnest money deposit) prior to 5:00 p.m. Pacific Time on the final day of the Due Diligence Period, then this Agreement shall be deemed terminated, both Seller and Buyer shall be released and discharged from all further Packet Page 185 of 278 obligations under this Agreement, and the Lease shall remain in full force and effect. The Earnest Money Note shall be returned to Buyer and, except as provided in Section 6.2, neither Party shall be subject to a claim by the other for damages of any kind with respect to this Agreement or Buyer's attempt to purchase the Property. 7. SELLER'S OBLIGATIONS. Before the Closing Seller shall, at its sole expense: 7.1. Promptly notify Buyer upon learning of any fact or event that would make any of the representations or warranties of Seller contained in this Agreement (including, without limitation, Buyer's Conditions Precedent and the representations and warranties set forth in section 12 hereof) untrue or misleading in any material respect or that would cause Seller to be in violation of any of its covenants or other obligations hereunder. 7.2. Notify Buyer promptly upon receiving notice of a claim or pending litigation affecting the Property, or notice of any event, transaction, or occurrence before Closing that would materially adversely affect the Property or any part thereof. 7.3. Not convey, mortgage, grant a deed of trust, or contract to do the foregoing or otherwise allow or consent to convey, abandon, relinquish, cloud or encumber title to the Property or any interest therein or part thereof without Buyer's consent. 7.4. Maintain any casualty, liability and hazard insurance currently carried by Seller in force with respect to the Property through the Closing without diminution in coverage. 7.5. Take no action that will adversely affect title to the Property. 8. DELIVERIES TO ESCROW HOLDER. 8.1. By Seller. Seller shall deliver or cause to be delivered to Escrow Holder on or prior to the Closing Date the following items, the delivery of each of which shall be a condition to the performance by Buyer of its obligations under this Agreement: a. Deed. A statutory warranty deed, substantially in form and substance of Exhibit C attached hereto, duly executed and acknowledged by Seller (the "Deed"), conveying to Buyer or its designee title to the Property, free and clear of all liens, encumbrances, restrictions and easements, except only the Permitted Exceptions . b. FIRPTA Affidavit. A certificate in form and substance attached hereto as Exhibit D, duly executed by Seller, evidencing that Seller is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code. C. ALTA Affidavits. Any affidavits, certifications or instruments, including any lien affidavits or mechanic's lien indemnifications, duly executed and acknowledged by Seller, as reasonably may be required by the Title Company in order to issue the Title Policy; PROVIDED THAT Seller shall not be required to deliver affidavits, 6 Packet Page 186 of 278 certifications or indemnification instruments related to the actions or omissions of Buyer in its capacity as tenant on the Property. d. Title Insurance Policy. Evidence that the Title Company is committed to issue the Title Insurance Policy in conformance with section 4. e. Closing Certificates. A certificate of Seller dated as of the Closing Date certifying that all of Seller's representations and warranties remain true in all material respects as of the Closing Date, or if not, specifying the respect in which any representation or warranty is no longer true. f. Certificates of Authority. Such certificates as are necessary or required by the Title Company to evidence the authority of Seller and its signatories to execute the instruments to be executed by Seller in connection with this transaction, and evidence that the execution of such instruments is the official act and deed of Seller. g. Excise Tax Affidavit. A real estate excise tax affidavit signed by Seller or its agent; provided that Seller and Buyer acknowledge that no real estate excise tax will be due on the transfer. 8.2. By Buyer. Buyer shall deliver or cause to be delivered to Escrow Holder on or before the Closing Date: a. Closing Funds. Cash by federal funds, wire transfer or cashier's check in the amount necessary to pay the balance of the Purchase Price and Buyer's share of closing costs and prorations. b. Excise Tax Affidavit. A real estate excise tax affidavit signed by Buyer or its agent. 9. CLOSE OF ESCROW. 9.1. Time. The close of escrow (the "Closing") shall occur no more than thirty (30) business days following the delivery of an Approval Notice from Buyer (the "Closing Date") stating that the investigation contingency in Section 6.4 has been satisfied or waived, at the offices of Escrow Holder. When the Title Company is in a position to issue the Title Policy and all documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close escrow as provided for in Section 9.2 below. The failure of either Seller or Buyer to be in position to close by the Closing Date, without lawful excuse under this Agreement, shall constitute a default by such Party. 9.2. Procedure. Escrow Holder shall close the transaction as follows: a. Obtain the release of the Property from any mortgage, mechanics or judgment liens described in the Commitment except the Permitted Exceptions; 7 Packet Page 187 of 278 b. Record the real estate excise tax affidavit and pay any applicable fees and record the Deed; C. Complete the prorations; d. Deliver the Purchase Price less Seller's closing costs and prorations (as described in Sections 9.4(a) and (b) below) to Seller; e. Issue and deliver the Title Policy to Buyer (which may occur within 5 business days after the Closing Date); Deliver any other documents deposited by Seller to Buyer; and g. Forward to Buyer and Seller, in duplicate, a separate accounting of all funds received and disbursed for each Party and copies of all executed and recorded or filed documents submitted to Escrow Holder, with such recording and filing date endorsed thereon. 9.3. Incorporation of Escrow Instructions. This Agreement shall serve as escrow instructions, and an executed copy of this Agreement shall be deposited by Buyer with Escrow Holder following its execution. The Parties may execute additional escrow instructions provided that such additional escrow instructions shall not change the terms of this Agreement without mutual agreement of the Parties. 9.4. Closing Costs and Prorations. a. Closing Costs. Buyer and Seller shall each pay their own attorneys' fees. Buyer shall pay the cost of recording the Deed and one-half (1/2) of escrow fees. Seller shall pay one-half (1/2) of escrow fees, and the title insurance premium charged by the Title Company for a standard owner's policy. If required by Buyer, Buyer shall pay the additional premium charged by the Title Company for extended coverage and the Endorsements and the cost of the survey. b. Prorations. At Closing, there shall be no prorations since Buyer currently pays all taxes, general assessments, utilities and operating expenses relating to the Property pursuant to the Lease. Any special assessments against the Property in existence as of the Closing Date shall be assumed or paid by Buyer. 9.5. Possession. Possession of the Property shall be delivered to Buyer upon Closing. 9.6. Deliveries Outside of Escrow. On or promptly after the Closing Date, Seller shall deliver to Buyer outside of Escrow any of the following in Seller's possession: any books and records of account, contracts, leases and non -privileged leasing Packet Page 188 of 278 correspondence pertaining to the Property, architectural and engineering plans, drawings and specifications for the improvements to the Property, any "As -Built" plans and specifications, original operating permits and certificates relating to use, occupancy or operation of the Property, any keys if any, used in operation of the Property. 10. BROKERAGE COMMISSION. Seller warrants to Buyer and Buyer warrants to Seller that each Party's sole contact with the other and with the Property regarding this transaction has been directly with the other Party and has not involved any commissioned - based broker or finder. Seller and Buyer further warrant to each other that no broker or finder can properly claim a right to a commission or finder's fee based upon contacts between the claimant and that Party with respect to the other Party or the Property. Each Party shall indemnify, defend and hold the other Party harmless from and against any loss, cost or expense, including, but not limited to, attorneys' fees and court costs, resulting from any claim for a fee or commission by any broker or finder in connection with the Property and this Agreement resulting from the indemnifying Party's actions. 11. CASUALTY OR CONDEMNATION. 11.1. If there is a condemnation of all or part of the Property initiated before Closing, Seller shall promptly notify Buyer and Buyer shall have the option for ten (10) days following the date the notice is received (a) to proceed with the Closing, in which event all condemnation proceeds already received by Seller by the Closing shall be paid to Buyer and the right to receive such proceeds not yet received by Seller shall be assigned to Buyer at the Closing, or (b) to terminate this Agreement. Unless this Agreement is terminated, Seller shall take no action with respect to any condemnation proceeding without the prior written consent of Buyer. 11.2. If any casualty costing $10,000.00 or more to repair has occurred to the Property before Closing, Buyer at its election may terminate this Agreement (in which case the Lease shall remain in effect) or proceed to close, and in the latter case Seller shall assign to Buyer all insurance proceeds attributable to the casualty. If there is a casualty to the Property costing less than $10,000.00 to repair, there will be no termination of this Agreement; such damage shall be repaired by the party required under the Lease to repair such damage. 12. REPRESENTATIONS, WARRANTIES AND COVENANTS. 12.1. Seller's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants contained elsewhere in this Agreement, Seller as of the date of this Agreement and as of the Closing Date makes the following representations, warranties and covenants: a. Title. Seller is the sole owner of the Property. At Closing, Buyer will acquire the entire fee simple estate and right, title and interest in and to the Property, free and clear of all recorded or unrecorded liens, encumbrances, covenants, restrictions, reservations, easements, options, tenancies, leases encroachments, claims or 0 Packet Page 189 of 278 other matters affecting title or possession of the Property, subject only to the Permitted Exceptions and any other matters created by Buyer. b. Agreements to Transfer or Encumber. Except as shown in the Commitment, Seller has not committed nor obligated itself in any manner whatsoever to sell, lease or encumber the Property or any interest therein to any party other than Buyer. C. Bankruptcy, Etc. No bankruptcy, insolvency, rearrangement or similar action involving Seller or, to Seller's Knowledge (as defined below), the Property, whether voluntary or involuntary, is pending, threatened in writing by a third party, or contemplated by Seller. d. Litigation. There is no pending or, to Seller's Knowledge, threatened in writing, judicial, municipal or administrative proceedings with respect to Seller, this transaction or in any manner affecting the Property or any portion thereof or in which Seller is or will be a party by reason of Seller's ownership of the Property or any portion thereof. e. Notices. Seller has not received any written notices from any insurance companies, governmental agencies or from any other parties with respect to any violations or other matters concerning the Property. f. Good Standing and Due Authority. Seller has all requisite power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and the transactions contemplated hereby. This Agreement has been, and the documents contemplated hereby will be, duly executed and delivered by Seller and constitute the Seller's legal, valid and binding obligation enforceable against Seller in accordance with its terms. The consummation by Seller of the sale of the Property is not in violation of or in conflict with nor does it constitute a default under any term or provision of the terms of any agreement or instrument to which Seller is or may be bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority. g. No Omissions. All representations and warranties made by Seller in this Agreement, and all information contained in any certificate furnished by Seller to Buyer in connection with this transaction, are free from any untrue statement of material fact and do not omit to state any material facts necessary to make the statements contained herein or therein not misleading. The copies of any documents furnished to Buyer in connection with this transaction are true and complete copies of the documents they purport to be and to the Seller's Knowledge contain no untrue statement of material fact and do not omit to state any material facts necessary to make the statements contained therein not misleading. h. Leases, Service Contracts or Other Contracts. Other than the Lease between Buyer and Seller or as otherwise shown in the Commitment, Seller has 10 Packet Page 190 of 278 not entered into any leases, service contracts or other contracts regarding or related to the Property. i. Mechanic's Liens. Seller has not directed that any labor, material or services be furnished in, on or about the Property or any part thereof. j. Assumption of Liabilities. Buyer, by virtue of the purchase of the Property, will not be required to satisfy any obligation of Seller arising prior to the Closing Date except as shown in the Commitment. As used herein, "Seller's Knowledge" means the present, actual knowledge, with no duty of due diligence or inquiry, of Stewart Mhyre, Executive Director Business & Operations, and Brian Harding, Facilities Director. Such persons have not undertaken or inquired into (having no duty to undertake or to inquire into) any independent investigation or verification of the matters set forth in any representation or warranty, including without limitation an investigation or review of any documents, certificates, agreements or information that may be in, or may hereafter come into, the possession of Seller. Buyer acknowledges that the individuals named above are named solely for the purpose of defining and narrowing the scope of Seller's knowledge and not for the purpose of imposing any liability on or creating any duties running from such individuals to Buyer. Buyer covenants that it will bring no action of any kind against such individuals related to or arising out of any representations and warranties made by Seller herein. 12.2 Buyer's Representation. Buyer represents and warrants that as of the date of this Agreement and as of the Closing Date, Buyer is a Washington municipal corporation duly organized, validly existing and in good standing in the state of Washington. Buyer has all requisite power and authority to execute and deliver this Agreement and to carry out its obligations under this Agreement and the transactions contemplated by this Agreement. This Agreement has been initially executed by the Mayor of the City of Edmonds as an offer to purchase that is expressly contingent on the approval of this Agreement by the Edmonds City Council. This Agreement shall not constitute a legal, valid and binding obligation enforceable against the Buyer until the Edmonds City Council has taken action to approve it during an open public meeting. The delivery of the Approval Notice referenced in Section 6.4 shall constitute irrevocable evidence that this contingency has been satisfied. Subject to the foregoing City Council approval contingency, the consummation by Buyer of the purchase of the Property is not in violation of or in conflict with nor does it constitute a default under any term or provision of the bylaws of Buyer, or any of the terms of any agreement or instrument to which Buyer is or may be bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority. Packet Page 191 of 278 13. INTENTIONALLY OMITTED. 14. INDEMNIFICATION. 14.1. Seller's Indemnity. Seller shall pay, protect, defend, indemnify and hold Buyer harmless from and against any and all loss, liability, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of Seller set forth in this Agreement, (b) the failure of Seller to perform any obligation required by this Agreement to be performed by Seller or (c) any injuries to persons or property on or about the Property from any cause occasioned in whole or in part by any acts or omissions of the Seller, its representatives, employees, contractors or suppliers that occurred before Closing. Seller shall defend any claim covered by this indemnity using counsel reasonably acceptable to Buyer. 14.2. Buyer's Indemnity. Buyer shall pay, protect, defend, indemnify and hold Seller harmless from and against any and all loss, liability, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of Buyer set forth in this Agreement, (b) the failure of Buyer to perform any obligation required by this Agreement or in the Lease to be performed by Buyer or (c) the ownership, maintenance, and/or operation of the Property after Closing by Buyer. Buyer shall defend any claim covered by this indemnity using counsel reasonably acceptable to Seller. 15. SURVIVAL. The covenants, agreements, representations and warranties made in this Agreement shall survive the Closing unimpaired for six (6) months and shall not merge into the Deed and the recordation thereof. 16. ENTIRE AGREEMENT. This Agreement contains the entire integrated agreement of the Parties, including all of the covenants and conditions between the Parties with respect to the subject matter of this Agreement, and supersedes all prior correspondence, agreements and understandings, both verbal and written. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by Seller and Buyer. The Parties do not intend to confer any benefit under this Agreement to any person, firm or corporation other than the Parties. 17. DEFAULT; REMEDIES 17.1. Specific Performance. This Agreement pertains to the conveyance of real property, the unique nature of which is hereby acknowledged by the Parties. Consequently, if Seller breaches or defaults under this Agreement or any of the representations, warranties, terms, covenants, conditions or provisions hereof, Buyer shall have the right to either (a) demand specific performance of this Agreement; or (b) to terminate this Agreement upon written notice without liability to Seller. 17.2. Attorneys' Fees. If either Party brings an action or other proceeding against the other Party to enforce any of the terms, covenants or conditions hereof or any 12 Packet Page 192 of 278 instrument executed pursuant to this Agreement, or by reason of any breach or default hereunder or thereunder, the Party prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other Party, and in the event any judgment is obtained by the prevailing Party all such costs and attorneys' fees shall be included in the judgment. 18. NOTICES. All written notices required to be given pursuant to the terms hereof shall be either delivered personally or deposited in the United States mail, certified mail, return receipt requested, postage prepaid and addressed to the addresses listed below with copies to the Parties listed after such address: SELLER BUYER Edmonds School District #15 20420 68th Ave West Lynnwood, WA 98036-7400 Attn: Stewart Mhyre Fax: (425) 431-7198 City of Edmonds 700 Main Street Edmonds, WA 98020 Attn: Carrie Hite Fax: (425) 771-0247 The foregoing addresses may be changed by written notice to the other Party as provided herein. Mailed notice properly given shall be deemed received four (4) days after deposit in the mail. Facsimile transmission of any signed original document or notice, and retransmission of any signed facsimile transmission, shall be the same as delivery of an original. At the request of either Party or the Escrow Holder, the Parties will confirm facsimile transmitted signatures by signing an original document. 19. PARTIAL INVALIDITY. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 20. WAIVERS. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision in this Agreement. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act. 13 Packet Page 193 of 278 21. CONSTRUCTION. Captions are solely for the convenience of the Parties and are not a part of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. If the date on which Buyer or Seller is required to take any action under the terms of this Agreement is not a business day, the action shall be taken on the next succeeding business day. 22. TIME. Time is of the essence for every provision of this Agreement. 23. FORCE MAJEURE. Performance by Seller or Buyer of their obligations under this Agreement shall be extended by the period of delay caused by force majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor industrial disturbance, order of any government, court or regulatory body having jurisdiction, shortages, blockade, embargo, riot, civil disorder, or any similar cause beyond the reasonable control of the Party who is obligated to render performance (but excluding financial inability to perform, however caused). 24. SUCCESSORS. The terms, conditions and covenants contained in this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto. Buyer shall not assign this Agreement without the prior written consent of Seller, which consent may be withheld or conditioned in Seller's sole and absolute discretion. 25. APPLICABLE LAw. This Agreement shall be governed by the law of the State of Washington. Venue for any dispute shall be in Snohomish County. 26. RECITALS AND EXHIBITS. The Recitals and Exhibits are incorporated into this Agreement by this reference. 27. COUNTERPARTS. This Agreement may be signed in counterparts, any of which shall be deemed an original. 28. DATE. This Agreement is made this day of , 2015. ]SIGNATURE PAGES FOLLOW] 14 Packet Page 194 of 278 SELLER: Edmonds School District #15 A Washington municipal corporation M Name: Title: 15 Packet Page 195 of 278 BUYER: City of Edmonds A municipal corporation of the State of Washington M Name: David O. Earling Title: Mayor 16 Packet Page 196 of 278 EXHIBIT LIST Exhibit A Legal Description and Map Exhibit B Property Depiction Exhibit C Form of Deed Exhibit D Form of Non -Foreign Certificate EXHIBIT 3.3 Earnest Money Note 17 Packet Page 197 of 278 EXHIBIT A LEGAL DESCRIPTION Lots 1 through 20, inclusive, Block 99, Lots 1 through 40, inclusive, Block 100, and Lots 21 through 40, inclusive, Block 101, City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats, pages 39 and 39A, records of Snohomish County, Washington. UM Packet Page 198 of 278 EXHIBIT B — Property Depiction 19 Packet Page 199 of 278 EXHIBIT C FORM OF DEED Return Address Document Title(s) (or transactions contained therein): 1. Statutory Warranty Deed Reference Number(s) of Documents assigned or released: N/A (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. Edmonds School District No. 15 2. e Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): 1. City of Edmonds 2. e Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) e Full legal is on page 3-of document. Assessor's Property Tax Parcel/Account Number 20 Packet Page 200 of 278 STATUTORY WARRANTY DEED Grantor, EDMONDS SCHOOL DISTRICT NO. 15, a Washington municipal corporation, for and in consideration of Ten Dollars ($10) in hand paid and other good and valuable consideration, receipt of which is hereby acknowledged, conveys and warrants to THE CITY OF EDMONDS, a Washington municipal corporation, that certain real property located in the City of Edmonds, Snohomish County, Washington, more particularly described on EXHIBIT A attached hereto and incorporated herein by reference, subject to the matters shown on EXHIBIT B attached hereto and incorporated herein by reference. Dated this day of , 201 Grantor: EDMONDS SCHOOL DISTRICT NO. 15 Nick Brossoit, Superintendent 00358-0859/128230360.1 Packet Page 201 of 278 STATE OF WASHINGTON ) ss. COUNTY OF On this day of , 201_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Nick Brossoit, to me known to be the person who signed as Superintendent of EDMONDS SCHOOL DISTRICT NO., 15, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said Superintendent of the municipal corporation and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 00358-0859/128230360.1 Packet Page 202 of 278 EXHIBIT A TO DEED Legal Description 00358-0859/128230360.1 Packet Page 203 of 278 EXHIBIT B TO DEED Title Exceptions 00358-0859/128230360.1 Packet Page 204 of 278 EXHIBIT D FORM OF NON -FOREIGN CERTIFICATE CERTIFICATE OF NON -FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U. S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon the disposition of a U.S. real property interest by EDMONDS SCHOOL DISTRICT NO. 15, a Washington municipal corporation ("Seller"), the undersigned hereby certifies the following on behalf of Seller: 1. Seller is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). 2. Seller's U. S. employer identification number is 91-6001871. 3. Seller is not a disregarded entity as defined in § 1.1445-2(b)(2)(iii) of the Internal Revenue Code. 4. Seller's office address is: 20420 68th Avenue West Lynnwood, WA 98036 5. Seller understands that this certification may be disclosed to the Internal Revenue Service by the transferee (buyer) and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, the undersigned declares that he has examined this certification and to the best of his knowledge and belief it is true, correct and complete, and he further declares that he has the authority to sign this document on behalf of Seller. Executed as of the day of , 201_, at , Washington. SELLER: EDMONDS SCHOOL DISTRICT NO. 15 51 Nick Brossoit, Superintendent 00358-0859/128230360.1 Packet Page 205 of 278 EXHIBIT 3.3 EARNEST MONEY NOTE $50,000.00 Edmonds, WA , 2015 FOR VALUE RECEIVED, the undersigned promises to pay in lawful money of the United States, to the order of CHICAGO TITLE INSURANCE COMPANY, the amount of Fifty Thousand Dollars ($50,000.00) to be held as the earnest money Deposit in accordance with Section 3.3 of the Agreement defined below, for the account of EDMONDS SCHOOL DISTRICT NO. 15 ("Payee"). This note shall be paid as follows: Upon demand, after expiration of the Due Diligence Period, as that term is defined in Section 6.4, and otherwise pursuant to the provisions of, that certain Purchase and Sale Agreement dated , 2015 ("Agreement") between the undersigned as buyer ("Buyer") and Payee as seller with respect to certain real property located in the City of Edmonds, Snohomish County, Washington, unless (i) Buyer has terminated the Agreement on or before the expiration of the Due Diligence Period or (ii) the transaction contemplated under the Agreement has closed and Buyer has paid Payee the full purchase price as set forth in the Agreement. This note shall not bear interest if paid when due. If this note shall be placed in the hands of an attorney for collection or if suit is brought on this note after default in any payment, the undersigned promises and agrees to pay reasonable attorneys' fees incurred thereby. If the undersigned defaults in the payment of this note, it shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid in full. This note shall be construed according to the laws of the state of Washington. CITY OF EDMONDS, a Washington municipal corporation By: _ Name: Title: 00358-0859/128230360.1 Packet Page 206 of 278 John Lovick County Executive Mr. David Earling, City Mayor City of Edmonds 700 Main Street Edmonds, WA 98020 H Snohomish County Parks and Recreation March 21, 2014 RE: Interlocal Cooperation Agreement — Edmonds Waterfront Property Acquisition Dear Mayor Earling: FIB (425)388-6600 FAX (425) 388-6645 6705 Puget Park Drive Snohomish, WA 98296 Enclosed please find the executed Interlocal Cooperation Agreement ("Agreement") between the City of Edmonds ("City") and Snohomish County obligating certain acquisition funds to the City. The effective date of this Agreement is March 12, 2014 and acquisition of the property must occur no later than eighteen (18) months from the effective date. This Agreement will provide up to $500,000.00 from the Snohomish County Conservation Futures Property Tax fund for City purchase of property known as the Edmonds Waterfront property. The fund will reimburse for property acquisition and related costs after submittal of the following documents: • A copy of the signed Settlement Statement, issued by Escrow Company • A copy of the Excise Tax Affidavit • A copy of the recorded Statutory Warranty Deed • A copy of the Title Insurance, listing the City of Edmonds as the vested owner • A copy of the recorded Grant of Conservation Easement (the County must "accept" the easement after the City signs) • Copies of invoices paid by the City for acquisition related cost (see copy of reimbursable eligible costs) I have also included the original Grant of Conservation Easement. This document must be recorded after the City has acquired the property subject to the Agreement. I can record the easement after the County "accepts" it. Please check the legal description to the Grant of Conservation Easement for accuracy and confirm it matches the Statutory Warranty Deed. If you have any questions, I can be reached at 425-388-6622. Sincerely, Dianne Bailey Parks Property Administrator Enclosure (3) parks.department@co.snohomish.wa.us www,snocoporks.org Packet Page 207 of 278 Reimburseable Costs COSTS Property Casts Land Improvements SUBTOTAL $ Reimbursable Incidental Costs Quantity $ include invoice/statement from Titte Company Applicable taxes Appraisal review Appraisal(s) Closing (escrow/recording fees) Title reports/insurance SUBTOTAL Packet Page 208 of 278 '"'ILE COPY INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS THIS INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS (this "Agreement"), is made and entered into this -day of iJ _ . 201 by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF EDMONDS, a Washington municipal corporation (the "City") pursuant to Chapter 39.34 RCW. RECITALS A. The County manages a Conservation Futures funding program pursuant to RCW 84.34.200 et seq. and Chapter 4.14 Snohomish County Code. B. Cities and towns located in Snohomish County, nonprofit historic preservation corporations, and nonprofit nature conservancy corporations or associations as such are described in RCW 84.34.210 are eligible to apply to the County for resources to fund acquisition of interests or rights in real property located within Snohomish County that meet the conservation criteria described in RCW 84.34.210 et seq. C. The City applied for resources from the Snohomish County Conservation Futures Property Tax Fund to purchase unimproved real property located in the City at 260 Beach Place and more particularly described in Section 1.1 below (hereinafter referred to as the "Property"). D. The Snohomish County Conservation Futures Program Advisory Board, at their August 20, 21 and 23, 2013 meetings, reviewed all of the project sponsor requests and, after review, recommended funding the request of the City of Edmonds for Five Hundred Thousand and 00/100 Dollars ($500,000.00) from the Snohomish County Conservation Futures Property Tax Fund. E. On September 11, 2013, the Snohomish County Council, by Amended Motion No. 13-353, allocated funding in the amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) to the City of Edmonds from the Snohomish County Conservation Futures Property Tax Fund for that purpose. NOW, THEREFORE, in consideration of the mutual promises set out below and for other good and valuable consideration, the Parties agree as follows: Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 1 of 9 Packet Page 209 of 278 1. Identification of Property. The Property is located in the City of Edmonds, Washington and is generally legally described as follows: SEE ATTACHED EXHIBIT A. 2. Purpose of Property Ac uisition. The Property is to be acquired for the purpose of conserving open spaces and areas as authorized by RCW 84.34.200 et seq., and for conservation and for passive, public recreation. 3. Duration. This Agreement shall become effective when executed by both parties and posted on the County's Interlocal Agreements website (the "Effective Date"). If the Property is acquired within the time frame provided in Section 5.1 below, this Agreement shall be in effect perpetually, subject to any amendments agreed to in writing by the parties. If the Property is not acquired within the time frame provided in Section 5.1 below, this Agreement shall be terminated; PROVIDED, HOWEVER, that the County and the City may mutually agree in writing, prior to termination, upon an extension of time. 4. Administrators. Each party to this Agreement shall designate an individual (an "Administrator") who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following: County's Initial Administrator: Tom Teigen, Director Snohomish County Parks and Recreation 6705 Puget Park Drive Snohomish, WA 98296 City's Initial Administrator: City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. shall: 5. Duties of the City to Acquire, Operate, Maintain and Conserve. The City 5.1 Acquire the Property within eighteen (18) months of the Effective Date of this Agreement and upon closing maintain, operate and conserve the Property for open space and passive park purposes. The City shall undertake all reasonable efforts to acquire the Property but if the owner of is not a willing seller, the City shall not utilize the power of eminent domain to acquire the Property. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 2 of 9 Packet Page 210 of 278 5.2 Immediately following acquisition of the Property, execute and record an instrument conveying a Conservation Easement for the Property to the County in substantially the form of attached hereto as Exhibit B (the "Conservation Easement"). 5.3 Submit an annual report to the County on February 1 of each subsequent year detailing compliance with all on -going requirements of this Agreement. 5.4 Forward a copy of the recorded deed conveying the Property and a copy of the executed Conservation Easement for the Property to the County as soon as the same are returned from the Snohomish County Auditor. 5.5 Provide an identifying sign, the size and design of which shall be approved by the Snohomish County Department of Parks and Recreation, at the entrance to the Property which shall be in plain sight in perpetuity, listing the County as a participant in the acquisition of the Property through the Snohomish County Conservation Futures Program. 5.6 Fund any improvements that are made to the Property from revenue sources other than Conservation Futures Program Funds and limit any such improvements to those that meet the requirements and intent of RCW 84.34.200 et. seq. and the Conservation Easement. 5.7 Submit to the County a long-term maintenance plan for the Property and any improvements within three (3) months of the completed Property acquisition. 5.8 Pay to the County at the end of each calendar year a pro rata share of any income the City has realized from the Property, less the City's costs of operation and maintenance of the Property. The pro rata share will be equal to the percentage of the cost of acquisition funded by the County pursuant to this Agreement. This information shall be submitted as part of the February 1 annual report to the Snohomish County Department of Parks and Recreation. 5.9 Pay to the County, upon sale of any of the City's interest in the Property, or any portion thereof, a pro rata share of any consideration received, less the costs of improvements funded by the City. The pro rata share will be equal to the percentage of the cost of acquisition funded by the County pursuant to this Agreement. 5.10 Pay on a current basis all taxes or assessments levied on Property - related activities and the Property; PROVIDED, HOWEVER, that nothing contained herein will modify the City's right to contest any such tax, and the Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 3 of 9 Packet Page 211 of 278 City will not be deemed to be in default as long as it is, in good faith, contesting the validity or amount of any such taxes. 5.11 Obtain and maintain, at its own costs and expense, all necessary permits, licenses and approvals related to the purchase, ownership, and on- going maintenance and management of the Property. 6. Payment from the County. The County shall provide financial assistance to the City in the amount of up to $500,000.00 from the Conservation Futures Fund for the acquisition of the Property. Payment shall be made within ten (10) days of County receipt of a City invoice submitted with documentation of imminent purchase of the Property and transfer of title, provided the City has complied with all of the terms of this Agreement. In no event shall the County be obligated to provide any payment to the City in excess of the actual purchase price of the Property. Any obligations of the County beyond the current fiscal year are subject to appropriation of funds for the specific purpose of funding this Agreement in accordance with its Charter and applicable law. 7. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement, including, but not limited to, laws against discrimination. 8. Records Inspections and Audits. The City will keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The County may, at its sole discretion, from time to time whether before or after acquisition of the Property or termination of this Agreement inspect all books and records and other materials related to any matters covered by this Agreement and not otherwise privileged, belonging to the City or any contractor or to elect to have an audit conducted to verify acquisition -related costs through the date of the acquisition, income from the Property, maintenance and operation costs, and the cost of post - acquisition improvements. Such books, records and other materials shall be made available for County inspection during regular business hours within a reasonable time of the request. If the County elects to conduct such an audit, it will give notice to the City, and such audit will be conducted as soon as is reasonably feasible thereafter, but County payments to the City (if any) will not be delayed pending the outcome of the audit. Such audit will be conducted by an auditor selected by the County, and the County will, except as provided herein, pay the cost of such audit. The City agrees to cooperate with the auditor and to make available for examination at its principal office all of its books, records, correspondence and other documents deemed necessary to conduct the audit by the auditor. If the audit reveals a variation equal to five percent (5%) or more of the cost of acquiring the Property, then the City will pay the cost of the audit, not to exceed Ten Thousand and 00/100 Dollars ($10,000.00). Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 4 of 9 Packet Page 212 of 278 The City will preserve all records for a period of seven (7) years; PROVIDED, HOWEVER, that if the City proposes to dispose of any documents materially related to the Property for a period less than seven (7) years, then the City will deliver the same to the County for disposition by the County. The County may at all times enter the Property to determine the City's compliance with the terms and conditions of this Agreement or to post notices. Any person or persons who may have an interest in the purposes of the County's visit may accompany the County. The City acknowledges and agrees that its obligations under this Section 8will survive termination of this Agreement. 9. Risk of Loss. All of the City's personal property of any kind or description whatsoever, or that of its employees, agents, contractors, and/or invitees placed on the Property shall be at the City's sole risk, and the County will not be liable for any damage done to, or loss of, such personal property. 10. Public Records Act. This Agreement and all public records associated with this Agreement shall be available from the County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody of the City are needed for the County to respond to a request under the Act, as determined by the County, the City agrees to make them promptly available to the County. If the City considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the City shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the City and the County determines that release of the information is required by the Act or otherwise appropriate, the County's sole obligations shall be to notify the City (a) of the request and (b) of the date that such information will be released to the requester unless the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the City fails to timely obtain a court order enjoining disclosure, the County will release the requested information on the date specified. The County has, and by this section assumes, no obligation on behalf of the City to claim any exemption from disclosure under the Act. The County shall not be liable to the City for releasing records not clearly identified by the City as confidential or proprietary. The County shall not be liable to the City for any records that the County releases in compliance with this Section or in compliance with an order of a court of competent jurisdiction. 11. Hold Harmless and Indemnification. The City shall assume the risk of, be liable for, and pay all damage, loss, costs and expense of any party arising out of the Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 5 of 9 Packet Page 213 of 278 activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Properties and this Agreement; PROVIDED, that the above indemnification does not apply to those damages caused by the sole negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 12. Dispute Resolution. The Parties agree to use their best efforts to resolve disputes and other matters arising out of this Agreement or the ongoing administration of this Agreement. If a dispute arises, then (i) within ten (10) business days of a written request by either Party, the City's designated representative and County's designated representative shall meet and resolve the issue; if these parties cannot resolve the issue within ten (10) business days of the meeting, then (ii) the issue shall be submitted to the City's Mayor and to the Director of the Snohomish County Department of Parks and Recreation; if these parties cannot resolve the issue within fifteen (15) business days of submission to them, then (iii) the issue shall be submitted for mediation; if mediation does not successfully resolve the dispute, then (iv) either Party may file suit in a court of competent jurisdiction. The prevailing party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 13. Notice. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator or Administrator's designee at the addresses set forth in Section 1.4 above. Notice delivered by email shall be deemed given as of the date and time received by the recipient. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 6 of 9 Packet Page 214 of 278 14. Miscellaneous 14.1. Entire Agreement; Amendments. This Agreement shall constitute the full and complete Agreement of the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may be amended only by written agreement of the parties, executed in the same manner as provided by the Interlocal Cooperation Act, Chapter 39.34 RCW, governing the execution of this Agreement. 14.2. Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 14.3. Governing Law and Stipulation of Venue. This Agreement shall be governed by the laws of the State of Washington and the parties stipulate that any lawsuit regarding this Agreement must be brought in Snohomish County, Washington. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 14.4. Rights and Remedies. The rights and remedies of the Parties to this Agreement are in addition to any other rights and remedies provided by law except as otherwise provided in this Agreement. 14.5. No Third Party Rights. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under, or by reason of, this Agreement on any persons other than the Parties. 14.6. Binding on Successors. All of the terms, provisions and conditions of this Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective successors, permitted assigns and legal representatives. 14.7. No Waiver. Payment by the County under this Agreement shall not constitute a waiver by the County of any claims it may have against the City for any breach of this Agreement or for failure of City to perform the work or actions, as specified in this Agreement. Forbearance of the rights of the parties under this Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 7 of 9 Packet Page 215 of 278 Agreement will not constitute waiver of entitlement to exercise their respective rights as to any future acts or omissions by the offending party. 14.8. No Employee Relationship. In performing work and services pursuant to this Agreement, the City, its, employees, consultants, agents, and representatives shall be acting as agents of the City and shall not be deemed or construed to be employees or agents of the County in any manner whatsoever. The City shall not hold itself out as, nor claim to be, an officer or employee of the County and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of County. The City shall be solely responsible for any claims for wages or compensation by the City's employees, consultants, agents, and representatives, including sub -consultants, or any agency, and shall defend, indemnify and hold County harmless therefrom. 14.9 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 14.10 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. 14.11 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 14.12 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 14.13 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 14.14 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 14.15 No Separate Entity Necessary. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 8 of 9 Packet Page 216 of 278 14.16 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. EXECUTED this 1i_�—day of 1 201 SNOHOMISH COUNTY: PETER B. CAMP Execu iv,e- Director J 3! John Lovick Date Snohomish Cbfinty Executive APPROVED AS TO FORM: Deputy Prosecuting Attorney Date COUNCIL USE ON Y Approved: _ f Docfile: CITY OF EDMONDS: By: David 0. Earling �. City Mayor Attest: City Clerk APPROVED AS TO FORM: C' 221 I`i Ytyorney Dafte Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 9 of 9 Packet Page 217 of 278 EXHIBIT A Legal Description For APN/Parcel ID(s): 27032300400400 LEGAL DESCRIPTION: THAT PORTION OF GOVERNMENT LOT 2, SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID GOVERNMENT LOT 2 WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE GREAT NORTHERN RAILWAY; THENCE SOUTH 890 47' WEST ALONG SAID LOT LINE 191.16 FEET; THENCE NORTH 510 39' EAST 28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 480 28' WEST 57.5 FEET TO THE GOVERNMENT MEANDER LINE; THENCE NORTH 510 39' EAST ALONG SAID MEANDER LINE 25 FEET; THENCE SOUTH 480 28' EAST 57.5 FEET; THENCE SOUTH 510 39' WEST 25 FEET TO POINT OF BEGINNING. (ALSO KNOWN AS TRACT 4, WALKER-BELTZ SUBDIVISION, ACCORDING TO THE UNRECORDED PLAT THEREOF) Subject to easements and reservations of record. Situate in the County of Snohomish, State of Washington Packet Page 218 of 278 EXHIBIT B Conservation Easement Packet Page 219 of 278 After Recording Return to: Assistant Clerk Snohomish County Council 3000 Rockefeller Avenue MS 609 Everett, WA 98201 Document Title: Grant of Conservation Easement Reference Numbers: Grantor: City of Edmonds, a municipal corporation of the State of Washington Grantee: Snohomish County, a political subdivision of the State of Washington Abbreviated Legal Description: Ptn SE 23-27-03 Additional legal on page 16 Assessor's Property Tax Parcel No.: 27032300400400 GRANT OF CONSERVATION EASEMENT This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") is made this day of , 2013, by the City of Edmonds, a municipal corporation of the State of Washington (hereinafter "Grantor"), to Snohomish County, a political subdivision of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130. RECITALS A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which is attached hereto and incorporated herein by reference (the "Protected Property"), which consists of approximately .03 acres of land, located on tax parcel 27032300400400 Snohomish County, Washington; and B. Grantor warrants that Grantor has goad legal title to the Protected Property, as well as the right to convey this Conservation Easement, and that the Protected Property is free and clear of any encumbrances except those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and C. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property; and D. The Protected Property possesses significant long-term natural and open space values ("Conservation Values") of great importance to the people of Snohomish County for passive recreation; and Packet Page 220 of 278 E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law governing conservation easements; and F. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for open space and passive recreation by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; and G. To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of photographs and other documentation summarized in Exhibit B and incorporated herein by reference as though set forth in full (the "Baseline Documentation") that the parties agree provide an accurate representation of the Protected Property as of the date of this Conservation Easement; and H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130; and I. This Conservation Easement is being purchased with funds provided, in part, by the County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation easements for the purpose of protecting open space and timber land through restrictions on incompatible uses of the land; NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein and in payment of one dollar ($1.00) and other valuable consideration by Grantee, the receipt of which is hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, including chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, under, across and through the Protected Property, as described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the Protected Property as open space pursuant to chapter 84.34 RCW. II. Purpose. The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever in its natural and open space condition and to prevent any use of the Protected Property that will significantly impair or interfere with the Conservation Values. Grantor intends that this Packet Page 221 of 278 Conservation Easement will confine the use of, or activity on, the Protected Property to such uses and activities that are consistent with this purpose. This statement of purpose is intended as a substantive provision of the Conservation Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Conservation Easement will be resolved so as to further this purpose. III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to accomplish the purpose of this Conservation Easement, including, without limitation, the following: A. The right to protect, conserve, maintain, improve and restore the Conservation Values of the Protected Property; B. The right to enter the Protected Property or allow Grantee's invitees or licensees to enter, at a reasonable time and upon prior written notice to the Grantor, for the following purposes (i) to make general inspection of the Protected Property to monitor compliance with this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation or otherwise enforce the provisions of this Conservation Easement. C. The right to enjoin any use of, or activity on, the Protected Property that is inconsistent with the purpose of this Conservation Easement, including trespasses by members of the public, and to require the restoration of such area or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Conservation Easement, all in accordance with Section XI. D. The right to enforce the terms of this Conservation Easement, consistent with Section XI. E. The right to place a sign on the Protected Property which acknowledges this Conservation Easement, any conditions on access, and any funding contribution to the acquisition of the Conservation Easement. The foregoing are rights, not obligations, and shall not create any third party rights of enforcement. IV. Permitted Uses and Activities. Packet Page 222 of 278 A. Grantor reserves to itself, and to its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not prohibited herein and are not inconsistent with the purpose of this Conservation Easement. In the event Grantor plans to undertake actions that could be inconsistent with the purpose of this Conservation Easement, Grantor shall provide Grantee written notice of such intent not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action proposed would be inconsistent with the purpose of this Conservation Easement. B. Any improvements to the Protected Property shall be limited to those which are passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration projects. Active recreational improvements are prohibited. Such improvements include, but are not limited to ball fields, use by motorized vehicles, swimming pools, and recreation centers. C. Nothing herein precludes the Grantor from demolishing, removing, and remediating existing improvements on the property as of the date of this Conservation Easement. V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the Protected Property for any activity or purpose that is inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities are expressly prohibited in the Protected Property: A. The placement or construction of any buildings, structures, improvements or equipment of any kind except as permitted in subsection IV. B; B. The continuation, creation, expansion or intensification of any use or activity that is contrary to the purpose of this Conservation Easement or prohibited in this section; Packet Page 223 of 278 VI C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral; D. Dumping or accumulation of trash or refuse; E. The use of motorized vehicles except for those necessary to conduct the uses permitted under this Conservation Easement; and F. Any construction, expansion, repair or other development activity that would result in more than ten percent (10%) of the area of the Protected Property being covered with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds. Transfer of Property. The Grantor agrees to: A. Incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, leasehold interests. B. Describe the Conservation Easement in and append it to any contract for the transfer of any interest in the Protected Property. C. Give written notice to the Grantee of the transfer of any interest in all or any portion of the Protected Property no later than forty five (45) days prior to the date of such transfer. Such notice to the Grantee shall include the name, address and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the Grantor to perform any act required by this subsection shall not impair the validity of this Conservation Easement or limit its enforceability. V11. Extinguishment. This Conservation Easement may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: A. By judicial determination, by a court having jurisdiction over the Conservation Easement, those circumstances have rendered the purpose of this Conservation Easement impossible to achieve. Packet Page 224 of 278 B. In the event all or any of the Protected Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or other authority, except by the parties hereto. Vlll. Proceeds. In the event of termination or extinguishment of this Conservation Easement, Grantee shall be compensated by Grantor for the fair market value of its interest in the Protected Property as determined by either a real estate appraiser licensed by the State of Washington or a court of competent jurisdiction. IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is transferable, but Grantee may assign its rights under this Conservation Easement only to an agency or organization that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h) of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Conservation Easement. X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected Property. A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. B. Attorneys' fees and costs for enforcement. If the Grantee commences and successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall pay all reasonable costs and expenses associated with the enforcement action, including but not limited to, reasonable attorneys' fees. Xl. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this Conservation Easement. To exercise this authority and thereby further the purpose of this Conservation Easement, the Grantee shall have the following rights under this Conservation Easement, which are subject to the stated limitations: A. Entry onto Protected Property with Reasonable Notice. If the Grantee has reason to believe that a violation of the terms of this Conservation Easement has occurred or is occurring, the Grantee shall have the right to enter the Protected Property, provided that reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations of any requirement set forth in this Packet Page 225 of 278 Conservation Easement. Additionally, the Grantee shall have the right to enter the Protected Property at least once a year, at a mutually agreed time, for purposes of inspection and compliance monitoring regardless of whether Grantee has reason to believe that a violation of this Conservation Easement exists. B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it believes to be a violation of this Conservation Easement, it may, at its discretion, use any available legal or equitable remedy to secure compliance, including but not limited to seeking injunctive relief and/or specific performance requiring the Grantor to cease and desist all activity in violation of the terms of this Conservation Easement and to return the Protected Property to its condition prior to any violation(s). Except when an imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor written notice of the violation and thirty (30) days in which to take corrective action prior to commencing any legal action. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time or constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for enforcing the provisions of this Conservation Easement, but is not limited to the use of the Baseline Documentation to show a change of conditions. C. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damages to the Conservation Values of the Protected Property, Grantee may pursue its remedies under this section without prior notice to Grantor or without waiting for the period provided for cure to expire. D. Scope of Relief. Grantee's rights under this section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that the Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Packet Page 226 of 278 E. Costs of Enforcement. In the event Grantee must enforce the terms of this Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor, its agents, employees, contractors, invitees or licensees in violation of the terms of this Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns. F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this Conservation Easement and has consulted or had the opportunity to consult with counsel of its terms and requirements. In full knowledge of the provisions of this Conservation Easement, Grantor hereby waives any claim or defense it may have against Grantee or its successors or assigns under or pertaining to this Conservation Easement based upon waiver, laches, estoppel or prescription. G. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Grantee to bring any action against Grantor to abate, correct or restore any condition in the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from causes beyond Grantor's control, including fire, flood, storm, and earth movement or the like. XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and defend Grantee, its officers, elected and appointed officials, employees and agents (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' and consultants' fees arising from or in any way connected with: A. Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Protected Property that is not a consequence of an activity of the Indemnified Parties undertaken under the rights granted to Grantee under this Conservation Easement; B. Violations or alleged violations of, or other failure to comply with, any federal, state or local law or regulation relating to pollutants or hazardous, toxic or dangerous substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way affecting, involving or relating to Packet Page 227 of 278 the Protected Property, unless such violations or alleged violations are due to the sole acts or omissions of any of the Indemnified Parties on the Protected Property; C. The presence or release in, on, from or about the Protected Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement of any substance hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. XIII. Recordation. Grantee shall record this instrument in the Office of the Snohomish County Auditor and may re-record it at any time. XIV. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to another party under the terms of this Conservation Easement shall be in writing and either served at or mailed to: Grantee: Snohomish County County Executive Office 3000 Rockefeller Avenue, M/S #407 Everett, WA 98201 Grantor(s): City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 or to such other address as any party from time to time shall designate by written notice to others. XV. General Provisions. A. Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this Conservation Easement by a written instrument to be recorded with the Snohomish County Auditor, provided that such an amendment does not diminish the effectiveness of this Conservation Easement in carrying out its purpose to permanently preserve and protect in perpetuity the Conservation Values of the Protected Property. B. Controllinq Law. The interpretation or performance of this Conservation Easement shall be governed by the laws of the State Packet Page 228 of 278 of Washington and the Laws of the United States. Any legal proceeding regarding this Conservation Easement shall be initiated in Snohomish County Superior Court. C. Interpretation. This Conservation Easement shall be interpreted to resolve any ambiguities and questions of the validity of specific provisions to give maximum effect to its preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning the Conservation Easement, covenants, conditions, limitations or restrictions herein contained with respect to any particular use of the said Protected Property, it may submit a written request to the Grantee for consideration and approval of such use. D. Definitions. Any masculine term used in this Conservation Easement shall include the female gender. The terms "Grantor" and "Grantee," wherever used in this Conservation Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantor, its successors, and assigns, and the above -named Grantee, its successors and assigns. E. Entire agreement. This Conservation Easement sets forth the entire agreement of the parties with respect to the issues addressed herein and supersedes all prior discussions, negotiations, understandings, or agreements relating to these issues, all of which are merged herein. F. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or revision of Grantor's title in any respect. G. Successors. As stated in the above recitals, all covenants, terms, conditions, and restrictions of this Conservation Easement shall run with the land and be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. H. Severability. If any portion of this Conservation Easement is declared unlawful or invalid, the remainder of the Conservation Easement shall remain in full force and effect. Authority of signatories. The individuals executing this Conservation Easement warrant and represent that they are duly authorized to execute and deliver this Conservation Easement. J. No merger. If Grantee at some future time acquires the underlying fee title in the Protected Property, the interest conveyed by this Packet Page 229 of 278 Deed will not merge with fee title but will continue to exist and be managed as a separate estate. XVI. Environmental Compliance. A. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge, Grantor and the Protected Property are in compliance with all federal, state and local laws, regulations and requirements applicable to the Protected Property and its use, including without limitation all federal, state and local environmental laws, regulations and requirements. B. Grantor further represents and warrants that there has been no release, dumping, burying, abandonment or migration from offsite onto the Property of any substances, materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by any federal, state or local law, regulation, statute or ordinance. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values . No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notice of violation, penalties, claims, demand letters or other notifications relating to a breach of environmental laws. C. Remediation. If at any time there occurs or has occurred a release in, on or about the Property of any substances now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Grantee, in which case Grantee shall be responsible for remediation. TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and assigns forever. IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of the day and year first stated above. Packet Page 230 of 278 GRANTOR: By: David O. Earling Its: City Mayor STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of the , the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Attest: City Clerk APPROVED AS TO FORM City Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: Packet Page 231 of 278 ACCEPTED BY GRANTEE: On _, 201 the Snohomish County Council adopted Motion _ - authorizing the County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130. GRANTEE: SNOHOMISH COUNTY am John Lovick Snohomish County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) 1, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of Snohomish County, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: APPROVED AS TO FORM: Deputy Prosecuting Attorney Date Packet Page 232 of 278 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT For APN/Parcel ID(s): 27032300400400 LEGAL DESCRIPTION: THAT PORTION OF GOVERNMENT LOT 2, SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID GOVERNMENT LOT 2 WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE GREAT NORTHERN RAILWAY; THENCE SOUTH 890 4T WEST ALONG SAID LOT LINE 191.16 FEET; THENCE NORTH 510 39' EAST 28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 480 28' WEST 57.5 FEET TO THE GOVERNMENT MEANDER LINE; THENCE NORTH 510 39' EAST ALONG SAID MEANDER LINE 25 FEET; THENCE SOUTH 480 28' EAST 57.5 FEET; THENCE SOUTH 510 39' WEST 25 FEET TO POINT OF BEGINNING. (ALSO KNOWN AS TRACT 4, WALKER-BELTZ SUBDIVISION, ACCORDING TO THE UNRECORDED PLAT THEREOF) Subject to easements and reservations of record. Situate in the County of Snohomish, State of Washington Packet Page 233 of 278 EXHIBIT B (BASELINE DOCUMENTATION) Packet Page 234 of 278 I. CURRENT CONDITIONS II. PROPERTY DATA A. Present Use. B. Accessibility and Road Frontage. C. Land Area. D. Land Shape. E. Land Contour and Elevations. F. Minerals and Soil. G. Flood Zone Information. H. Flora. I. Wetlands. HI. PICTORIAL ASSESSMENT OF CURRENT SITE CONDITIONS The following photographs of the Protected Property are not in recordable form and are available and on file with the Snohomish County Parks and Recreation Department: Said photographs demonstrate current site conditions, features, typical flora, and impact of human development Packet Page 235 of 278 AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS, WASHINGTON CONCERNING ACQUISTION OF PROPERTY WITH SNOHOMISH COUNTY CONSERVATION FUTURES FUNDING THIS AMENDMENT NO. 1 to that certain Interlocal Agreement between Snohomish County and the City of Edmonds, Washington concerning acquisition of property with Snohomish County Conservation Futures Funding (the "Agreement") dated March 12, 2014, is made by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Edmonds, a municipal corporation of the State of Washington (the "City"). NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree to AMENDMENT NO. 1 as follows: 1. The RECITALS of the Agreement are hereby amended to add Recital F, which reads as follows: F. The Snohomish County Conservation Futures Program Advisory Board, at its June 2, 2015 meeting reviewed a request by the City to transfer the recommended funding to another property known as Civic Field, addressed as 310 6th Avenue North, Edmonds, Washington, and, after consideration, the Board recommended approval of this request. 2. Section 1 of the Agreement is hereby amended to read in its entirety as follows: 1. Identification of Propertv[: The Property is located in the City of Edmonds, Washington and is generally legally described as follows: ForAPN/Parcel ID(s): 004342-099-001-00, 004342-100-000-00 and 004342- 101-021-00 Lots 1 through 20, Block 99, all of Block 100, and Lots 21 through 40, Block 101, plat of the City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats, page 39, records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. 3. Section 5.1 of the Agreement is hereby amended to read in its entirety as follows: Packet Page 122 of 290 Packet Page 236 of 278 5.1 Acquire the Property within twenty-four (24) months of the Effective Date of this Agreement and upon closing maintain, operate and conserve the Property for open space and passive park purposes. The City shall undertake all reasonable efforts to acquire the Property but if the owner of is not a willing seller, the City shall not utilize the power of eminent domain to acquire the Property. 4. Section 5.2 of the Agreement is hereby amended to read in its entirety as follows: 5.2 Immediately following acquisition of the Property, execute and record an instrument conveying a Conservation Easement for the Property to the County in substantially the form of attached hereto as Exhibit A (the "Conservation Easement"). EXCEPT AS EXPRESSLY MODIFIED IN THIS AMENDMENT NO. 1, ALL TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. In witness whereof, the parties hereby execute this Amendment No. 1 to the Agreement. "COUNTY" SNOHOMISH COUNTY ufi ,: Direct John L ick, e Date Signed: ZQ —zf1-7�i IVA WIV.- /j/ FOR APPROVED AS TO FORM: City Attorney Date "CITY" CITY OF EDMONDS By: David O. Earling, ayor ' nil �iJ.:SIB 0NLY 2 r'�{py�grovecl:—__Ij{V�J'1-{TT� �S J Date Signed: 11!�s Attest: City Clerk Sdz4t Fit ,s11 Packet Page 123 of 290 Packet Page 237 of 278 Exhibit A Conservation Easement Packet Page 124 of 290 Packet Page 238 of 278 After Recording Return to: Assistant Clerk Snohomish County Council 3000 Rockefeller Avenue MS 609 Everett, WA 98201 Document Title: Grant of Conservation Easement Reference Numbers: Grantor: City of Edmonds, a municipal corporation of the State of Washington Grantee: Snohomish County, a political subdivision of the State of Washington Abbreviated Legal Description: Lots 1-20, BI 99; all BI 100, Lots 21-40, BI 101, City of Edmonds Additional legal on page 15 Assessor's Property Tax Parcel No.: 00434209900100, 00434210000000 and 00434210102100 GRANT OF CONSERVATION EASEMENT This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") is made this day of , 201_, by the City of Edmonds, a municipal corporation of the State of Washington (hereinafter "Grantor'), to Snohomish County, a political subdivision of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130. RECITALS A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which is attached hereto and incorporated herein by reference (the "Protected Property"), which consists of approximately eight (8) acres of land, located on tax parcel 00434209900100, 00434210000000 and 00434210102100 Snohomish County, Washington; and B. Grantor warrants that Grantor has good legal title to the Protected Property, as well as the right to convey this Conservation Easement, and that the Protected Property is free and clear of any encumbrances except those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and C. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property; and D. The Protected Property possesses significant long-term natural and open space values ("Conservation Values") of great importance to the people of Snohomish County for passive recreation; and E. This Conservation Easement is authorized by RCW 64,04.130, the provision of state law governing conservation easements; and 4 Packet Page 125 of 290 Packet Page 239 of 278 F. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for open space and passive recreation by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; and G. To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of photographs and other documentation summarized in Exhibit B and incorporated herein by reference as though set forth in full (the "Baseline Documentation") that the parties agree provide an accurate representation of the Protected Property as of the date of this Conservation Easement; and H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130; and I. This Conservation Easement is being purchased with funds provided, in part, by the County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation easements for the purpose of protecting open space and timber land through restrictions on incompatible uses of the land; NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein and in payment of one dollar ($1.00) and other valuable consideration by Grantee, the receipt of which is hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, including chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, under, across and through the Protected Property, as described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the Protected Property as open space pursuant to chapter 84.34 RCW. II. Purpose. The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever in its natural and open space condition and to prevent any use of the Protected Property that will significantly impair or interfere with the Conservation Values. Grantor intends that this Conservation Easement will confine the use of, or activity on, the Protected Property to such uses and activities that are consistent with this purpose. This statement of purpose is intended as a substantive provision of the Conservation Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Conservation Easement will be resolved so as to further this purpose. III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to accomplish the purpose of this Conservation Easement, including, without limitation, the following: A. The right to protect, conserve, maintain, improve and restore the Conservation Values of the Protected Property; Packet Page 126 of 290 Packet Page 240 of 278 B. The right to enter the Protected Property or allow Grantee's invitees or licensees to enter, at a reasonable time and upon prior written notice to the Grantor, for the following purposes (i) to make general inspection of the Protected Property to monitor compliance with this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation or otherwise enforce the provisions of this Conservation Easement. C. The right to enjoin any use of, or activity on, the Protected Property that is inconsistent with the purpose of this Conservation Easement, including trespasses by members of the public, and to require the restoration of such area or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Conservation Easement, all in accordance with Section XI. D._ The right to enforce the terms of this Conservation Easement, consistent with Section XI. E. The right to place a sign on the Protected Property which acknowledges this Conservation Easement, any conditions on access, and any funding contribution to the acquisition of the Conservation Easement. The foregoing are rights, not obligations, and shall not create any third party rights of enforcement. IV. Permitted Uses and Activities. A. Grantor reserves to itself, and to its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not prohibited herein and are not inconsistent with the purpose of this Conservation Easement. In the event Grantor plans to undertake actions that could be inconsistent with the purpose of this Conservation Easement, Grantor shall provide Grantee written notice of such intent not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action proposed would be inconsistent with the purpose of this Conservation Easement. B. Any improvements to the Protected Property shall be limited to those which are passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration projects. Active recreational improvements are prohibited. Such improvements include, but are not limited to ball fields, use by motorized vehicles, swimming pools, and recreation centers. C. Packet Page 127 of 290 Packet Page 241 of 278 C. Nothing herein precludes the Grantor from demolishing, removing, and remediating existing improvements on the property as of the date of this Conservation Easement. V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the Protected Property for any activity or purpose that is inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities are expressly prohibited in the Protected Property: A. The placement or construction of any buildings, structures, improvements or equipment of any kind except as permitted in subsection IV. B; B. The continuation, creation, expansion or intensification of any use or activity that is contrary to the purpose of this Conservation Easement or prohibited in this section; C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral; D. Dumping or accumulation of trash or refuse; E. The use of motorized vehicles except for those necessary to conduct the uses permitted under this Conservation Easement; and F. Any construction, expansion, repair or other development activity that would result in more than ten percent (10%) of the area of the Protected Property being covered with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds. VI. Transfer of Property. The Grantor agrees to: A. Incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, leasehold interests. B. Describe the Conservation Easement in and append it to any contract for the transfer of any interest in the Protected Property. C. Give written notice to the Grantee of the transfer of any interest in all or any portion of the Protected Property no later than forty five (45) days prior to the date of such transfer. Such notice to the Grantee shall include the name, address and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the Grantor to perform any act required by this subsection shall not impair the validity of this Conservation Easement or limit its enforceability. Vll. Extinguishment. This Conservation Easement may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: 7 Packet Page 128 of 290 Packet Page 242 of 278 A. By judicial determination, by a court having jurisdiction over the Conservation Easement, those circumstances have rendered the purpose of this Conservation Easement impossible to achieve. B. In the event all or any of the Protected Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or other authority, except by the parties hereto. Vlll. Proceeds. In the event of termination or extinguishment of this Conservation Easement, Grantee shall be compensated by Grantor for the fair market value of its interest in the Protected Property as determined by either a real estate appraiser licensed by the State of Washington or a court of competent jurisdiction. IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is transferable, but Grantee may assign its rights under this Conservation Easement only to an agency or organization that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h) of the Intemal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Conservation Easement. X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected Property. A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. B. Attorneys' fees and costs for enforcement. If the Grantee commences and successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall pay all reasonable costs and expenses associated with the enforcement action, including but not limited to, reasonable attorneys' fees. Xl. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this Conservation Easement. To exercise this authority and thereby further the purpose of this Conservation Easement, the Grantee shall have the following rights under this Conservation Easement, which are subject to the stated limitations: A. Entry onto Protected Property with Reasonable Notice. If the Grantee has reason to believe that a violation of the terms of this Conservation Easement has occurred or is occurring, the Grantee shall have the right to enter the Protected Property, provided that reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations of any requirement set forth in this Conservation Easement. Additionally, the Grantee shall have the right to enter the Protected Property at least once a year, at a mutually agreed time, for purposes of inspection and compliance monitoring regardless of whether Grantee has reason to believe that a violation of this Conservation Easement exists. B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it believes to be a violation of this Conservation Easement, it may, at its discretion, E�3 Packet Page 129 of 290 Packet Page 243 of 278 use any available legal or equitable remedy to secure compliance, including but not limited to seeking injunctive relief and/or specific performance requiring the Grantor to cease and desist all activity in violation of the terms of this Conservation Easement and to return the Protected Property to its condition prior to any violation(s). Except when an imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor written notice of the violation and thirty (30) days in which to take corrective action prior to commencing any legal action. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time or constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for enforcing the provisions of this Conservation Easement, but is not limited to the use of the Baseline Documentation to show a change of conditions. C. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damages to the Conservation Values of the Protected Property, Grantee may pursue its remedies under this section without prior notice to Grantor or without waiting for the period provided for cure to expire. D. Scope of Relief. Grantee's rights under this section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that the Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. E. Costs of Enforcement. In the event Grantee must enforce the terms of this Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor, its agents, employees, contractors, invitees or licensees in violation of the terms of this Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns. F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this Conservation Easement and has consulted or had the opportunity to consult with counsel of its terms and requirements. In full knowledge of the provisions of this Conservation Easement, Grantor hereby waives any claim or defense it may have against Grantee or its successors or assigns under or pertaining to this Conservation Easement based upon waiver, laches, estoppel or prescription. G- Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Grantee to bring any action against Grantor to abate, correct or restore any condition in the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from causes beyond Grantor's control, including fire, flood, storm, and earth movement or the like. Packet Page 130 of 290 Packet Page 244 of 278 XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and defend Grantee, its officers, elected and appointed officials, employees and agents (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' and consultants' fees arising from or in any way connected with: A. Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Protected Property that is not a consequence of an activity of the Indemnified Parties undertaken under the rights granted to Grantee under this Conservation Easement; B. Violations or alleged violations of, or other failure to comply with, any federal, state or local law or regulation relating to pollutants or hazardous, toxic or dangerous substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way affecting, involving or relating to the Protected Property, unless such violations or alleged violations are due to the sole acts or omissions of any of the Indemnified Parties on the Protected Property; C. The presence or release in, on, from or about the Protected Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement of any substance hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. XI11. Recordation. Grantee shall record this instrument in the Office of the Snohomish County Auditor and may re-record it at anytime. XIV. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to another party under the terms of this Conservation Easement shall be in writing and either served at or mailed to: Grantee: Snohomish County County Executive Office 3000 Rockefeller Avenue, M/S #407 Everett, WA 98201 Grantor(s): City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 or to such other address as any party from time to time shall designate by written notice to others. 10 Packet Page 131 of 290 Packet Page 245 of 278 XV. General Provisions. A. Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this Conservation Easement by a written instrument to be recorded with the Snohomish County Auditor, provided that such an amendment does not diminish the effectiveness of this Conservation Easement in carrying out its purpose to permanently preserve and protect in perpetuity the Conservation Values of the Protected Property. B. Controlling Law. The interpretation or performance of this Conservation Easement shall be governed by the laws of the State of Washington and the Laws of the United States. Any legal proceeding regarding this Conservation Easement shall be initiated in Snohomish County Superior Court. C. Interpretation. This Conservation Easement shall be interpreted to resolve any ambiguities and questions of the validity of specific provisions to give maximum effect to its preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning the Conservation Easement, covenants, conditions, limitations or restrictions herein contained with respect to any particular use of the said Protected Property, it may submit a written request to the Grantee for consideration and approval of such use. D. Definitions. Any masculine term used in this Conservation Easement shall include the female gender. The terms "Grantor" and "Grantee," wherever used in this Conservation Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantor, its successors, and assigns, and the above -named Grantee, its successors and assigns. E. Entire agreement. This Conservation Easement sets forth the entire agreement of the parties with respect to the issues addressed herein and supersedes all prior discussions, negotiations, understandings, or agreements relating to these issues, all of which are merged herein. F. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or revision of Grantor's title in any respect. G. Successors. As stated in the above recitals, all covenants, terms, conditions, and restrictions of this Conservation Easement shall run with the land and be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. R Severability. If any portion of this Conservation Easement is declared unlawful or invalid, the remainder of the Conservation Easement shall remain in full force and effect. 11 Packet Page 132 of 290 Packet Page 246 of 278 Authority of signatories. The individuals executing this Conservation Easement warrant and represent that they are duly authorized to execute and deliver this Conservation Easement. J No merger. If Grantee at some future time acquires the underlying fee title in the Protected Property, the interest conveyed by this Deed will not merge with fee title but will continue to exist and be managed as a separate estate. XVI. Environmental Compliance._ A. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge, Grantor and the Protected Property are in compliance with all federal, state and local laws, regulations and requirements applicable to the Protected Property and its use, including without limitation all federal, state and local environmental laws, regulations and requirements. B. Grantor further represents and warrants that there has been no release, dumping, burying, abandonment or migration from offsite onto the Property of any substances, materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by any federal, state or local law, regulation, statute or ordinance. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values. No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notice of violation, penalties, claims, demand letters or other notifications relating to a breach of environmental laws. C. Remediation. If at any time there occurs or has occurred a release in, on or about the Property of any substances now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or dangerous to the air, water or soil, or,in any way harmful or threatening to human health or environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Grantee, in which case Grantee shall be responsible for remediation. TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and assigns forever. 12 Packet Page 133 of 290 Packet Page 247 of 278 IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of the day and year first stated above. GRANTOR: By: David O. Earling Its: City Mayor STATE OF WASHINGTON ] ) ss. COUNTY OF SNOHOMISH } 1, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the _ of the , the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Attest: City Clerk APPROVED AS TO FORM City Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 13 Packet Page 134 of 290 Packet Page 248 of 278 ACCEPTED BY GRANTEE: On _, 201_ the Snohomish County Council adopted Motion = _ authorizing the County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130. GRANTEE: SNOHOMISH COUNTY By: John Lovick Snohomish County Executive STATE OF WASHINGTON } ) ss. COUNTY OF SNOHOMISH } I, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of Snohomish County, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. APPROVED AS TO FORM: Deputy Prosecuting Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 14 Packet Page 135 of 290 Packet Page 249 of 278 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT For APNIParcol ID(s)-004342-099-001-00, 004342-100-000-00 and 004342-101-021-00 Lots 1 through 20, Block 99, all of Block 100, and Lots 21 through 40, Block 101, plat of the City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats, page 39, records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. 15 Packet Page 136 of 290 Packet Page 250 of 278 EXHIBIT B (BASELINE DOCUMENTATION) I. CURRENT CONDITIONS II. PROPERTY DATA A. Present Use. B. Accessibility and Road Frontage. C. Land Area. D. Land Shape. E. Land Contour and Elevations. F. Minerals and Soil. G. Flood Zone Information. H. Flora. I. Wetlands. 16 Packet Page 137 of 290 Packet Page 251 of 278 III. PICTORIAL ASSESSMENT OF CURRENT SITE CONDITIONS The following photographs of the Protected Property are not in recordable form and are available and on file with the Snohomish County Parks and Recreation Department: Said photographs demonstrate current site conditions, features, typical flora, and impact of human development 17 Packet Page 138 of 290 Packet Page 252 of 278 AMENDMENT NO. 2 TO INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS, WASHINGTON CONCERNING ACQUISTION OF PROPERTY WITH SNOHOMISH COUNTY CONSERVATION FUTURES FUNDING THIS AMENDMENT NO. 2 to that certain Interlocal Agreement between Snohomish County and the City of Edmonds, Washington concerning acquisition of property with Snohomish County Conservation Futures Funding (the "Agreement") dated March 12, 2014, and Amended by Amendment No. 1 on October 28, 2015, is made by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Edmonds, a municipal corporation of the State of Washington (the "City"). NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree to AMENDMENT NO. 2 as follows: 1. Section 1 of the Agreement is hereby amended to read in its entirety as follows: 1. Identification of Prooe The Property is located in the City of Edmonds, Washington and is generally legally described as follows: LOTS 1 THROUGH 20, BLOCK 99; ALL OF BLOCK 100; AND LOTS 21 THROUGH 40, BLOCK 101, PLAT OF THE CITY OF EDMONDS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 39, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, INCLUDING VACATED SPRAGUE AND EDMONDS STREET EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHWEST CORNER OF LOT 40, OF SAID BLOCK 101; THENCE SOUTH 01°15'06" WEST, ALONG THE EASTERLY RIGHT OF WAY MARGIN OF 6TH AVENUE NORTH, A DISTANCE OF 464.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VACATED EDMONDS STREET; - THENCE SOUTH 88043'50 EAST, ALONG THE SOUTHERLY LINE OF SAID VACATED STREET A DISTANCE OF 157.60 FEET: THENCE NORTH 0101506" EAST, A DISTANCE OF 464.59 FEET TO THE NORTH LINE OF LOT 35, BLOCK 101; THENCE NORTH 88046'13" WEST, ALONG NORTH LINE OF SAID LOT 35, A DISTRANCE OF 157.60 FEET TO THE POINT OF BEGINNING. 1 Packet Page 253 of 278 ALL LYING WITHIN SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON. CONTAINING 271,415.76 SQUARE FEET OR 6.231 ACRES MORE OR LESS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. 2. Section 5.2 of the Agreement is hereby amended to read in its entirety as follows: 5.2 Immediately following acquisition of the Property, execute and record an instrument conveying a Conservation Easement for the Property to the County in substantially the form of attached hereto as Exhibit A (the "Conservation Easement'). EXCEPT AS EXPRESSLY MODIFIED IN AMENDMENT NO. 1 AND HEREIN, ALL TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. In witness whereof, the parties hereby execute this Amendment No. 2 to the Agreement. "COUNTY" SNOHOMISH COUNTY In Dave Somers, Executive Date Signed: Approved as to form only: Deputy Prosecuting Attorney Date "CITY" CITY OF EDMONDS M 2 David O. Earling, Mayor Date Signed: Packet Page 254 of 278 Exhibit A Conservation Easement Packet Page 255 of 278 After Recording Return to: Assistant Clerk Snohomish County Council 3000 Rockefeller Avenue MS 609 Everett, WA 98201 Document Title: Grant of Conservation Easement Reference Numbers: Grantor: City of Edmonds, a municipal corporation of the State of Washington Grantee: Snohomish County, a political subdivision of the State of Washington Abbreviated Legal Description: Lots 1-20, BI 99; all BI 100, Lots 21-40, BI 101, City of Edmonds TGW vacated streets and Except Ptn 24-27-03 Additional legal on page 15 Assessor's Property Tax Parcel No.: Ptn. 00434209900100, 00434210000000 and 00434210102100 GRANT OF CONSERVATION EASEMENT This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") is made this day of , 2016, by the City of Edmonds, a municipal corporation of the State of Washington (hereinafter "Grantor"), to Snohomish County, a political subdivision of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130. RECITALS A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which is attached hereto and incorporated herein by reference (the "Protected Property"), which consists of approximately 6.231 acres of land, located on portions of tax parcel(s) 00434209900100, 00434210000000 and 00434210102100 Snohomish County, Washington; and B. Grantor warrants that Grantor has good legal title to the Protected Property, as well as the right to convey this Conservation Easement, and that the Protected Property is free and clear of any encumbrances except those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and C. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property; and D. The Protected Property possesses significant long-term natural and open space values ("Conservation Values") of great importance to the people of Snohomish County for passive recreation; and E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law governing conservation easements; and M Packet Page 256 of 278 F. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for open space and passive recreation by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; and G. To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of photographs and other documentation summarized in Exhibit B and incorporated herein by reference as though set forth in full (the "Baseline Documentation") that the parties agree provide an accurate representation of the Protected Property as of the date of this Conservation Easement; and H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130; and I. This Conservation Easement is being purchased with funds provided, in part, by the County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation easements for the purpose of protecting open space and timber land through restrictions on incompatible uses of the land; NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein and in payment of one dollar ($1.00) and other valuable consideration by Grantee, the receipt of which is hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, including chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, under, across and through the Protected Property, as described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the Protected Property as open space pursuant to chapter 84.34 RCW. II. Purpose. The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever in its natural and open space condition and to prevent any use of the Protected Property that will significantly impair or interfere with the Conservation Values. Grantor intends that this Conservation Easement will confine the use of, or activity on, the Protected Property to such uses and activities that are consistent with this purpose. This statement of purpose is intended as a substantive provision of the Conservation Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Conservation Easement will be resolved so as to further this purpose. III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to accomplish the purpose of this Conservation Easement, including, without limitation, the following: A. The right to protect, conserve, maintain, improve and restore the Conservation Values of the Protected Property; B. The right to enter the Protected Property or allow Grantee's invitees or licensees to enter, at a reasonable time and upon prior written notice to the Grantor, for the Packet Page 257 of 278 following purposes (i) to make general inspection of the Protected Property to monitor compliance with this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation or otherwise enforce the provisions of this Conservation Easement. C. The right to enjoin any use of, or activity on, the Protected Property that is inconsistent with the purpose of this Conservation Easement, including trespasses by members of the public, and to require the restoration of such area or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Conservation Easement, all in accordance with Section XI. D. The right to enforce the terms of this Conservation Easement, consistent with Section XI. E. The right to place a sign on the Protected Property which acknowledges this Conservation Easement, any conditions on access, and any funding contribution to the acquisition of the Conservation Easement. The foregoing are rights, not obligations, and shall not create any third party rights of enforcement. IV. Permitted Uses and Activities. A. Grantor reserves to itself, and to its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not prohibited herein and are not inconsistent with the purpose of this Conservation Easement. In the event Grantor plans to undertake actions that could be inconsistent with the purpose of this Conservation Easement, Grantor shall provide Grantee written notice of such intent not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action proposed would be inconsistent with the purpose of this Conservation Easement. B. Any improvements to the Protected Property shall be limited to those which are passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration projects. Active recreational improvements are prohibited. Such improvements include, but are not limited to ball fields, use by motorized vehicles, swimming pools, and recreation centers. n. Packet Page 258 of 278 C. Nothing herein precludes the Grantor from demolishing, removing, and remediating existing improvements on the property as of the date of this Conservation Easement. V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the Protected Property for any activity or purpose that is inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities are expressly prohibited in the Protected Property: A. The placement or construction of any buildings, structures, improvements or equipment of any kind except as permitted in subsection IV. B; B. The continuation, creation, expansion or intensification of any use or activity that is contrary to the purpose of this Conservation Easement or prohibited in this section; C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral; D. Dumping or accumulation of trash or refuse; E. The use of motorized vehicles except for those necessary to conduct the uses permitted under this Conservation Easement; and F. Any construction, expansion, repair or other development activity that would result in more than ten percent (10%) of the area of the Protected Property being covered with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds. VI. Transfer of Property. The Grantor agrees to: A. Incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, leasehold interests. B. Describe the Conservation Easement in and append it to any contract for the transfer of any interest in the Protected Property. C. Give written notice to the Grantee of the transfer of any interest in all or any portion of the Protected Property no later than forty five (45) days prior to the date of such transfer. Such notice to the Grantee shall include the name, address and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the Grantor to perform any act required by this subsection shall not impair the validity of this Conservation Easement or limit its enforceability. Vll. Extinguishment. This Conservation Easement may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: 7 Packet Page 259 of 278 A. By judicial determination, by a court having jurisdiction over the Conservation Easement, those circumstances have rendered the purpose of this Conservation Easement impossible to achieve. B. In the event all or any of the Protected Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or other authority, except by the parties hereto. Vlll. Proceeds. In the event of termination or extinguishment of this Conservation Easement, Grantee shall be compensated by Grantor for the fair market value of its interest in the Protected Property as determined by either a real estate appraiser licensed by the State of Washington or a court of competent jurisdiction. IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is transferable, but Grantee may assign its rights under this Conservation Easement only to an agency or organization that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h) of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Conservation Easement. X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected Property. A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. B. Attorneys' fees and costs for enforcement. If the Grantee commences and successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall pay all reasonable costs and expenses associated with the enforcement action, including but not limited to, reasonable attorneys' fees. Xl. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this Conservation Easement. To exercise this authority and thereby further the purpose of this Conservation Easement, the Grantee shall have the following rights under this Conservation Easement, which are subject to the stated limitations: A. Entry onto Protected Property with Reasonable Notice. If the Grantee has reason to believe that a violation of the terms of this Conservation Easement has occurred or is occurring, the Grantee shall have the right to enter the Protected Property, provided that reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations of any requirement set forth in this Conservation Easement. Additionally, the Grantee shall have the right to enter the Protected Property at least once a year, at a mutually agreed time, for purposes of inspection and compliance monitoring regardless of whether Grantee has reason to believe that a violation of this Conservation Easement exists. B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it believes to be a violation of this Conservation Easement, it may, at its discretion, 1.1 Packet Page 260 of 278 use any available legal or equitable remedy to secure compliance, including but not limited to seeking injunctive relief and/or specific performance requiring the Grantor to cease and desist all activity in violation of the terms of this Conservation Easement and to return the Protected Property to its condition prior to any violation(s). Except when an imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor written notice of the violation and thirty (30) days in which to take corrective action prior to commencing any legal action. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time or constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for enforcing the provisions of this Conservation Easement, but is not limited to the use of the Baseline Documentation to show a change of conditions. C. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damages to the Conservation Values of the Protected Property, Grantee may pursue its remedies under this section without prior notice to Grantor or without waiting for the period provided for cure to expire. D. Scope of Relief. Grantee's rights under this section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that the Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. E. Costs of Enforcement. In the event Grantee must enforce the terms of this Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor, its agents, employees, contractors, invitees or licensees in violation of the terms of this Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns. F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this Conservation Easement and has consulted or had the opportunity to consult with counsel of its terms and requirements. In full knowledge of the provisions of this Conservation Easement, Grantor hereby waives any claim or defense it may have against Grantee or its successors or assigns under or pertaining to this Conservation Easement based upon waiver, laches, estoppel or prescription. G. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Grantee to bring any action against Grantor to abate, correct or restore any condition in the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from causes beyond Grantor's control, including fire, flood, storm, and earth movement or the like. 0 Packet Page 261 of 278 XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and defend Grantee, its officers, elected and appointed officials, employees and agents (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' and consultants' fees arising from or in any way connected with: A. Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Protected Property that is not a consequence of an activity of the Indemnified Parties undertaken under the rights granted to Grantee under this Conservation Easement; B. Violations or alleged violations of, or other failure to comply with, any federal, state or local law or regulation relating to pollutants or hazardous, toxic or dangerous substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way affecting, involving or relating to the Protected Property, unless such violations or alleged violations are due to the sole acts or omissions of any of the Indemnified Parties on the Protected Property; C. The presence or release in, on, from or about the Protected Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement of any substance hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. XIII. Recordation. Grantee shall record this instrument in the Office of the Snohomish County Auditor and may re-record it at any time. XIV. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to another party under the terms of this Conservation Easement shall be in writing and either served at or mailed to: Grantee: Snohomish County County Executive Office 3000 Rockefeller Avenue, M/S #407 Everett, WA 98201 Grantor(s): City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 or to such other address as any party from time to time shall designate by written notice to others. 10 Packet Page 262 of 278 XV. General Provisio A. Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this Conservation Easement by a written instrument to be recorded with the Snohomish County Auditor, provided that such an amendment does not diminish the effectiveness of this Conservation Easement in carrying out its purpose to permanently preserve and protect in perpetuity the Conservation Values of the Protected Property. B. Controlling Law. The interpretation or performance of this Conservation Easement shall be governed by the laws of the State of Washington and the Laws of the United States. Any legal proceeding regarding this Conservation Easement shall be initiated in Snohomish County Superior Court. C. Interpretation. This Conservation Easement shall be interpreted to resolve any ambiguities and questions of the validity of specific provisions to give maximum effect to its preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning the Conservation Easement, covenants, conditions, limitations or restrictions herein contained with respect to any particular use of the said Protected Property, it may submit a written request to the Grantee for consideration and approval of such use. D. Definitions. Any masculine term used in this Conservation Easement shall include the female gender. The terms "Grantor" and "Grantee," wherever used in this Conservation Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantor, its successors, and assigns, and the above -named Grantee, its successors and assigns. E. Entire agreement. This Conservation Easement sets forth the entire agreement of the parties with respect to the issues addressed herein and supersedes all prior discussions, negotiations, understandings, or agreements relating to these issues, all of which are merged herein. F. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or revision of Grantor's title in any respect. G. Successors. As stated in the above recitals, all covenants, terms, conditions, and restrictions of this Conservation Easement shall run with the land and be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. H. Severability. If any portion of this Conservation Easement is declared unlawful or invalid, the remainder of the Conservation Easement shall remain in full force and effect. 11 Packet Page 263 of 278 Authority of signatories. The individuals executing this Conservation Easement warrant and represent that they are duly authorized to execute and deliver this Conservation Easement. J. No merger. If Grantee at some future time acquires the underlying fee title in the Protected Property, the interest conveyed by this Deed will not merge with fee title but will continue to exist and be managed as a separate estate. XVI. Environmental Compliance. A. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge, , Grantor and the Protected Property are in compliance with all federal, state and local laws, regulations and requirements applicable to the Protected Property and its use, including without limitation all federal, state and local environmental laws, regulations and requirements. B. Grantor further represents and warrants that there has been no release, dumping, burying, abandonment or migration from offsite onto the Property of any substances, materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by any federal, state or local law, regulation, statute or ordinance. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values. No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notice of violation, penalties, claims, demand letters or other notifications relating to a breach of environmental laws. C. Remediation. If at any time there occurs or has occurred a release in, on or about the Property of any substances now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Grantee, in which case Grantee shall be responsible for remediation. TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and assigns forever. 12 Packet Page 264 of 278 IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of the day and year first stated above. GRANTOR: By: David O. Earling Its: City Mayor STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) 1, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of the , the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Attest: City Clerk APPROVED AS TO FORM City Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 13 Packet Page 265 of 278 ACCEPTED BY GRANTEE: On _, 201_ the Snohomish County Council adopted Motion -_ authorizing the County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130. GRANTEE: SNOHOMISH COUNTY 0 Dave Somers Snohomish County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of Snohomish County, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. APPROVED AS TO FORM: Deputy Prosecuting Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 14 Packet Page 266 of 278 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT ForAPN/Parcel ID(s): PT N . 004342-099-001-00, 004342-100-000-00 and UU4342-lUl-U21-UU LOTS 1 THROUGH 20, BLOCK 99; ALL OF BLOCK 100; AND LOTS 21 THROUGH 40, BLOCK 101, PLAT OF THE CITY OF EDMONDS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 39, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, INCLUDING VACATED SPRAGUE AND EDMONDS STREET EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHWEST CORNER OF LOT 40, OF SAID BLOCK 101; THENCE SOUTH 01°15'06" WEST, ALONG THE EASTERLY RIGHT OF WAY MARGIN OF 6TH AVENUE NORTH, A DISTANCE OF 464.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VACATED EDMONDS STREET; - THENCE SOUTH 88043'50 EAST, ALONG THE SOUTHERLY LINE OF SAID VACATED STREET A DISTANCE OF 157.60 FEET: THENCE NORTH 01015'06" EAST, A DISTANCE OF 464.59 FEET TO THE NORTH LINE OF LOT 35, BLOCK 101; THENCE NORTH 88046'13" WEST, ALONG NORTH LINE OF SAID LOT 35, A DISTRANCE OF 157.60 FEET TO THE POINT OF BEGINNING. ALL LYING WITHIN SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON. CONTAINING 271,415.76 SQUARE FEET OR 6.231 ACRES MORE OR LESS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON 15 Packet Page 267 of 278 EXHIBIT B (BASELINE DOCUMENTATION) I. CURRENT CONDITIONS II. PROPERTY DATA A. Present Use. B. Accessibility and Road Frontage. C. Land Area. D. Land Shape. E. Land Contour and Elevations. F. Minerals and Soil. G. Flood Zone Information. H. Flora. I. Wetlands. 16 Packet Page 268 of 278 III. PICTORIAL ASSESSMENT OF CURRENT SITE CONDITIONS The following photographs of the Protected Property are not in recordable form and are available and on file with the Snohomish County Parks and Recreation Department: Said photographs demonstrate current site conditions, features, typical flora, and impact of human development 17 Packet Page 269 of 278 AM-8385 City Council Meeting Meeting Date: 03/08/2016 Time: 15 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Type: Information Information Subiect Title Edmonds and Sprague street vacations 5. H. Recommendation Council be briefed and approve the resolution to begin the process of vacating Edmonds and Sprague streets where they are identified on Civic Field. Previous Council Action Council authorized the purchase of Civic field. Council authorized the Snohomish County conservation easement for 6.24 acres. Council is being asked to authorize the RCO Deed of Right for Civic for the same 6.24 acres. Narrative As the City proceeded with the purchase of Civic field, it became apparent that there was no official vacation of either Edmonds or Sprague streets on the Civic Field property. This allowed us to negotiate a purchase price from the School District for 6.24 acres, instead of the full 8 acre site. In order for the City to protect this property as open space and parkland, it will be necessary for the City to consider the official vacation of these two streets to itself as part of the park. This allows the City to enter into deed restrictions on this portion of the property, and concentrates the acreage that will not be restricted on the northwest portion of the parcel. Attachments Resolution setting street vacation Street map Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/03/2016 07:56 AM Mayor Dave Earling 03/03/2016 08:25 AM Finalize for Agenda Scott Passey 03/03/2016 08:38 AM Finalize for Agenda Scott Passey 03/03/2016 12:29 PM Form Started By: Carrie Hite Started On: 03/02/2016 11:47 AM Final Approval Date: 03/03/2016 Packet Page 270 of 278 EDMONDS CITY COUNCIL RESOLUTION NUMBER A RESOLUTION OF THE EDMONDS CITY COUNCIL SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF STREETS LOCATED WITHIN THE RECENTLY ACQUIRED CIVIC FIELD PROPERTY. WHEREAS, RCW 35.79.010 authorizes the city council to initiate a street vacation process by passage of a resolution; and WHEREAS, RCW 35.79.010 requires the city council to fix a time by resolution for public hearing on any proposed street vacation; and WHEREAS, RCW 35.79.010 requires that such hearing occur no less than twenty days and no more than sixty days after the passage of the resolution fixing the hearing date; and WHEREAS, in addition to state law, chapter 20.70 ECDC also sets forth street vacation procedures, some but not all of which are applicable to a street vacation initiated by the city council; and WHEREAS, the city council would like to initiate a street vacation process for two streets within the civic field property that are legally described as follows: Edmonds Street between Blocks 99 and 100 and Sprague Street between Blocks 100 and 101, City of Edmonds, according to the plat thereof recorded in volume 2 of Plats, pages 39 and 39A, records of Snohomish County, Washington; and WHEREAS, this street vacation is being proposed because the vacation would allow the portion of civic field that is unencumbered by grant covenants to be concentrated in one area in the western portion of the site along 61h Avenue, which will allow for more flexibility in the usage of that unencumbered area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edmonds, Washington as follows: Section 1. A public hearing on the proposed street vacation shall be scheduled for April 5th, 2016 at 7:00 p.m. before the Edmonds City Council. Section 2. The city clerk shall provide notice of the public hearing as required pursuant to RCW 35.79.020 and ECDC 20.70.090. RESOLVED this day of March, 2016. CITY OF EDMONDS MAYOR, DAVE EARLING Packet Page 271 of 278 ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 272 of 278 . City of Edmonds Civic Field Ownership M Me z N N *613 E3 tf �N ...rM-c. lYnnr.n 7.7 F pe— Fill n r n n f• n Legend Administrative Boundaries Parcels - Sections Boundary Sections Edmonds Boundary ArcSDE.GIS.PROPERTY_BUILDIN( 31 N rrn nrCrTI4 : n - r,4 Nun r n N n r• n 300 AS ' r Mun `� � f• U MC) n 1: 2,256 Notes RED: District lots 0 94.00 188.0 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION owned GREEN: Un-vacated streets PVI�GI rOI�.G GIJ VI GI V AM-8386 City Council Meeting Meeting Date: 03/08/2016 Time: 10 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Type: Action Information Subiect Title Lake Ballinger Access Property Acquisition Recommendation Council authorize the Mayor to sign the Deed number 5482 and 5483, and pay Snohomish County a total of $1669.34 for purchase of these properties. Council authorize Snohomish County to sign a Real Estate Tax Affidavit to exempt the City of Edmonds from paying tax on this transaction. Previous Council Action Council discussed this in Executive Session and was interested in pursuing. Narrative Snohomish County recently approached the City to inquire about interest in purchasing these two parcels. The City has been using and maintaining the Lake Ballinger Access for years. This would allow the City to acquire this property and continue its use a valuable city asset. Deed 5482 Deed 5483 Inbox City Clerk Mayor Finalize for Agenda Form Started By: Carrie Hite Final Approval Date: 03/02/2016 Attachments Form Review Reviewed By Date Scott Passey 03/02/2016 12:07 PM Dave Earling 03/02/2016 01:21 PM Scott Passey 03/02/2016 03:47 PM Started On: 03/02/2016 11:53 AM Packet Page 274 of 278 After Recording Return To: Snohomish County Property Management 3000 Rockefeller Avenue M/S #404 Everett, WA. 98201 TREASURER'S DEED NO.5482 Reference #: Grantor: Treasurer of Snohomish County, a political subdivision of the State of Washington Grantee: City of Edmonds, a municipal corporation of the State of Washington Legal Description: An undivided half interest in shorelands in Gov. Lot 6, Section 6, Twp. 27 N, Range 4 East, W.M. Assessor's Tax Parcel ID#: 27043200300100 STATE OF WASHINGTON) ) SS COUNTY OF SNOHOMISH) THIS INDENTURE made this day of March, 2016, between KIRKE SIEVERS, as Treasurer of Snohomish County, a political subdivision of the State of Washington, the party of the first part and the CITY OF EDMONDS, a municipal corporation of the State of Washington, party of the second part. WITNESSETH that whereas in accordance with the provisions of RCW 84.64.080, RCW 36.35, and SCC 4.46, for the sum of $875.51 Snohomish County authorizes the sale of the property described below to the party of the second part. NOW, THEREFORE, the party of the first part for and in consideration of the sum of $875.51, money of the United States, to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do by these presents Quit Claim and Convey unto the party of the second part and to its heirs and assigns, the following described parcel of land, situated in the County of Snohomish, State of Washington, particularly described as follows: AN UNDIVIDED HALF INTEREST IN SHORELANDS IN FRONT OF MCALEER WAY IN GOVERNMENT LOT 6, SECTION 32, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. IN SNOHONMISH COUNTY, WASHINGTON. EXCEPT VACATED PORTION TO COUNTY SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Page 1 of 2 Packet Page 275 of 278 Subject to any Easements, Conditions, Restrictions and Reservations of Record. TOGETHER, with all appurtenances, to have and to hold the said premises with all the appurtenances, unto the said party of the second part and to its heirs and assigns forever. IN WITNESS WHEREOF, the Treasurer of said party of the first part has set his hand and seal this day of , 2016. KIRKE SIEVERS Snohomish County Treasurer ACCEPTED AND APPROVED: CITY OF EDMONDS Date: Print: Title: TAX TITLE PROPERTY Page 2 of 2 Packet Page 276 of 278 After Recording Return To: Snohomish County Property Management 3000 Rockefeller Avenue M/S #404 Everett, WA. 98201 TREASURER'S DEED NO.5483 Reference #: Grantor: Treasurer of Snohomish County, a political subdivision of the State of Washington Grantee: City of Edmonds, a municipal corporation of the State of Washington Legal Description: An undivided half interest in shorelands in Gov. Lot 6, Section 6, Twp. 27 N, Range 4 East, W.M. Assessor's Tax Parcel ID#: 27043200300200 STATE OF WASHINGTON) ) SS COUNTY OF SNOHOMISH) THIS INDENTURE made this day of March, 2016, between KIRKE SIEVERS, as Treasurer of Snohomish County, a political subdivision of the State of Washington, the party of the first part and the CITY OF EDMONDS, a municipal corporation of the State of Washington, party of the second part. WITNESSETH that whereas in accordance with the provisions of RCW 84.64.080, RCW 36.35, and SCC 4.46, for the sum of $793.83 Snohomish County authorizes the sale of the property described below to the party of the second part. NOW, THEREFORE, the party of the first part for and in consideration of the sum of $793.83, money of the United States, to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do by these presents Quit Claim and Convey unto the party of the second part and to its heirs and assigns, the following described parcel of land, situated in the County of Snohomish, State of Washington, particularly described as follows: AN UNDIVIDED HALF INTEREST IN SHORELANDS IN FRONT OF MCALEER WAY IN GOVERNMENT LOT 6, SECTION 32, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. IN SNOHONMISH COUNTY, WASHINGTON. EXCEPT VACATED PORTION TO COUNTY SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Page 1 of 2 Packet Page 277 of 278 Subject to any Easements, Conditions, Restrictions and Reservations of Record. TOGETHER, with all appurtenances, to have and to hold the said premises with all the appurtenances, unto the said party of the second part and to its heirs and assigns forever. IN WITNESS WHEREOF, the Treasurer of said party of the first part has set his hand and seal this day of 12016. KIRKE SIEVERS Snohomish County Treasurer ACCEPTED AND APPROVED: CITY OF EDMONDS Date: Print: Title: TAX TITLE PROPERTY Page 2 of 2 Packet Page 278 of 278