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2025-04-01 Council Committee A
Agenda Edmonds City Council COUNCIL COMMITTEE A CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 APRIL 1, 2025, 3:00 PM Edmonds City Council Agenda April 1, 2025 Page 1 COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN-PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 OR JOIN BY DIAL-UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: MICHELLE DOTSCH (CHAIR), SUSAN PAINE, WILL CHEN, AND COUNCIL PRESIDENT (EX-OFFICIO MEMBER) 1. CALL TO ORDER 2. COMMITTEE BUSINESS 1. Summer Market, Edmonds SpringFest, Edmonds Arts Festival Special Event Agreements (15 min) 2. Building Controls - Support Agreement with ATS Automation (10 min) 3. Public Safety Building - Chiller Plant Service & Maintenance Agreement Continuation (5 min) 4. AWC Energy Audit Grant Award and Audit Service Agreement (5 min) ADJOURNMENT City Council Agenda Item Meeting Date: 04/1/2025 Summer Market, Edmonds SpringFest, Edmonds Arts Festival Special Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The City Council authorizes Event Agreements each year on behalf the City of Edmonds. All contracts presented in this memo were approved in 2024 and each of these special events took place on their traditional calendar dates. The Special Event Contracts under discussion are for large events that include street/right of way closures, expect to increase tourism and have significant positive economic impacts to the City. The remaining 4th of July, Porchfest, Edmonds Block Party (formerly Taste Edmonds), Classic Car Show and Oktoberfest event agreements are scheduled for review and approval by Council later this year. Staff Recommendation Staff recommends Council approve the Event Agreements as proposed and forward them to the April 8, 2025 Council meeting Consent Agenda and upon approval, authorize the Mayor to execute the contract agreements. The contracts include formal agreements between the City of Edmonds and the Edmonds-South Snohomish County Historical Society for the Summer Market; the Urban Craft Uprising for Edmonds SpringFest and the Arts Festival Association for the Edmonds Arts Festival. Narrative Each Event Agreement is quite similar to previous years. All event producers are required to follow festival guidelines set forth by the State of Washington, the Snohomish County Health Department and South County Fire at the time of the event. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Risk Management (HR), Development Services, and Economic Development Departments) and approved as to form by the City Attorney. New this year, events will be charged for city resources required for support and implementation of their event. As stated in City Code ECC 1.100.900, the city intends to only charge actual expenses for time and materials. Deviations from actual expenses require the Mayor's approval. Each of these agreements include an estimate for city staff time which is paid in advance of the event. After the event, the actual amount is billed to the organization which may result in additional fees or a refund depending on the difference between estimated and actual city expenses. Estimated staff time is outlined below for 2.1 Packet Pg. 2 each event. Summer Market Event Agreement (attached): The Summer Market takes place every Saturday from May 3 - October 18, 2025 and is run by the Edmonds-South Snohomish County Historical Society. In 2025, the Market will operate one additional Saturday in October. The city will continue to have one 10 x 10 booth space on the first Saturday of each month to promote City business. Each of these events are free and open to the public and an alcohol Permit is not required. Labor estimate for the entire market season: 6 hours Street Division. SpringFest Event Agreement (attached): This event is produced by Urban Craft Uprising and is held on the Saturday before Mother's Day (May 10, 2025) on the Frances Anderson Center playfield. The event features numerous craft booths. Eighth Avenue is limited to local access only between Main Street and Dayton Street to allow for food trucks to park on the west side of the street and provide food service. This event is free and open to the public and an Alcohol Permit is not required. Labor estimate: 4 hours Streets / Water Division; 4 hours Parks Division. Edmonds Arts Festival Event Agreement (attached): The 2025 Edmonds Arts Festival, hosted by the Arts Festival Foundation, takes place on Father's Day weekend (June 13, 14 & 15) as is tradition. This event has grown from a small community art fair to one of the most prestigious in the Pacific Northwest, attracting artists from across the nation and Canada. This event is free and open to the public. The festival does have a small wine/beer garden and resulting alcohol permits are required. The festival utilizes 8th Avenue between Dayton and Main Streets, the Frances Anderson Center building, playfield and band shell as well as the Plaza west of the FAC building and Plaza Room above the library. This year the Festival does not utilize the third floor of the Anderson Center but does have additional classroom space in the lower levels. Labor estimate: 4 hours Streets / Water Division; 4 hours Parks Division. At the time of publication the Arts Festival's insurance has not renewed and the agreement is conditional upon current insurance. The insurance requirements are approved by Risk Management and the event will not be authorized to take place without proof of insurance matching contract requirements. Attachments: 2025 Summer Market Contract FINAL 2025 Spring Fest Event Agreement FINAL 2025 Contract Edmonds Arts Festival FINAL 2.1 Packet Pg. 3 1 EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Event Dates – May 3-October 18, 2025 THIS AGREEMENT (“Agreement”) is entered into by and 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 Snohomish County Historical Society has operated in the past a summer market (“Summer Market”) to provide a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small businesspersons and their products; and WHEREAS, the Parties, vendors, patrons and businesses located along 5th Avenue between Main and Bell Streets are supportive of continuing the Summer Market to commence the first Saturday in May and conclude the third Saturday in October; and 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 Summer Market 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 Summer Market provides an important opportunity for local farmers to provide fresh food to the community; 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: 1. Responsibilities of the City (some Historical Society responsibilities included). 1.1 Summer Market (May 3 through October 18): The City will provide use of the right of way on Bell Street between 5th and 6th Avenues and on 5th Avenue between Main Street and the Southern edge of the South parking lot entrance to the Public Safety parking lot as outlined in Attachment A for farmer/producer-based vendors each Saturday. 1.2 The City will allow vendor parking on the south, east and west sides of the police parking lot each Saturday for the Summer Market, as well as in the parking area under the City Hall building. 2.1.a Packet Pg. 4 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 2 1.3 All use and configuration of tents and other temporary facilities used in the Summer Market will be inspected and reviewed prior to the event by the Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open-Air Market Ordinance and the “Outdoor Assembly Events” checklist set forth in Attachment B, attached hereto and incorporated herein by this reference. Tarps, tents, canopies and covers will be tested and labeled for fire resistance. The Historical Society will ensure that all participants adhere to all provisions of State and local law to ensure 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 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. 1.4 The City will place ten (10) barricades and one (1) “Local Access Only” sign behind the Museum prior to May 1 for the duration of the Summer Market. 1.5 The City will place rope and signage around the Holiday Tree requesting people not to enter the landscaped area. 1.6 The City will install appropriate “No Parking on Saturdays” signage on 5th Avenue North between Main and Bell Streets and on Bell Street between 5th Avenue North and 6th Avenue by April 25, 2025. Signage will include four (4) portable A frame “No Parking on Saturdays” signs to be placed on the north and south sides of Bell Street and the east side of 5th avenue between Bell and the Public Safety parking lot for the duration of the Summer Market. 1.7 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items to strongly encourage their use. The City will provide signage for the on-site collection containers, and any on-site collection containers for trash, recycling and composting. The City will also supply appropriate bags for each collection container and will bill the Historical Society for collection bags required at the Summer Market. The Historical Society will be responsible for transporting any items deposited in these containers to the City’s collection site located along the south wall of Fire Station 17. 1.8 The City will supply a key to allow the Historical Society to unlock the public restrooms adjacent to the market at 6:00 a.m. A City employee will perform routine maintenance in the restrooms mid-day. The City will maintain responsibility for locking the restrooms in the evening. The City will supply a contact number for issues related to the restroom. 2. Responsibilities of the Historical Society (some City responsibilities included). 2.1 2025 Summer Market season: May 3 through October 18. 2.2 Set up hours begin at 6:00 a.m. on Saturdays on 5th Avenue and 6:30 a.m. on Saturdays on Bell Street. 2.1.a Packet Pg. 5 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 3 2.3 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 will not be allowed in this area. Violators may be towed at their own expense. 2.4 For the Summer Market, parking restrictions will be posted indicating violators will be towed. The Police Department will attempt to notify owners. If not located by 6:30 a.m., the police will proceed to have violating vehicles towed. 2.5 The Summer Market will make available to the City one 10 x 10 Vendor booth location on the first Saturday of each month for promotion of City related activities. 2.6 For the Summer Market, street barricades must be in place at 6:30 a.m. on Saturday and removed by 4:00 p.m. The Historical Society will ensure that Sound Disposal will have adequate access to 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. 2.7 The Historical Society will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products-completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Historical Society’s General Liability insurance policy using ISO Additional Insured- Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that the Historical Society’s insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self-insured pool coverage maintained by the city of Edmonds shall be excess of the Historical Society’s insurance and shall not contribute with it. The Historical Society will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.8 The Historical Society agrees that the Summer 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 will 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. 2.1.a Packet Pg. 6 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 4 2.9 Chapter 6.80 of the Edmonds City Code (“Plastic Bag Reduction”) restricts 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 strongly encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.10 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Historical Society will place clearly marked, City-supplied recycling, compost and waste containers throughout the Summer Market event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Historical Society will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.11, below). 2.11 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single-use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at the Summer Market will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. The Historical Society will provide for the on-site collection of compostable and recyclable materials and garbage from event participants, using designated color-coded collection containers. The Historical Society will ensure that on-site collection containers are serviced properly and continually during the Summer Market. The Historical Society representative will meet with the City’s Recycling Coordinator or representative prior to April 25, 2025, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.12 The Historical Society will 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 will 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 will survive the termination and/or expiration of this Agreement. 2.13 Neither the Historical Society nor any of its officers, agents, or employees will 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. 2.14 The Parties acknowledge that pursuant to 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 Summer Market or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is 2.1.a Packet Pg. 7 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 5 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 events described in this Agreement. 2.15 Historical Society agrees to the following Market days: Summer Market: Saturdays, May 3 through October 18, 2025 Historical Society agrees to the following Market hours of operation: Set up: 6:00 a.m. - 9:00 a.m. (6:00 a.m. start on 5th Avenue; 6:30 a.m. start on Bell Street) Open: 9:00 a.m. - 2:00 p.m. Takedown: 2:00 p.m. - 3:30 p.m. 2.16 The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Historical Society or the participants in the Summer Market. 2.17 The Historical Society will provide fire watch for all times in and around the booths and displays open to the general public as part of the Summer Market. 2.18 The Historical Society will provide a portable Sani-Can at 537 Bell Street for the duration of the Summer Market season. 2.19 The Historical Society will commit to being good stewards of the Veterans Plaza, including but not limited to monitoring and removal of garbage from the garbage can located in Veterans Plaza two (2) times per day and monitoring and prompt cleanup of any and all spills. 2.20 Individual vendors are responsible for packing out all of their own garbage. The Historical Society may deposit up to sixteen (16) thirty-three (33) 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. 2.21 The Historical Society will arrange for and pay for a recycling container from Sound Disposal. The container will be stored and serviced in the Public Safety Center’s trash enclosure that abuts Fire Station 17. 2.22 Upon the completion of the event, the Historical Society will make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement, including but not limited to removal of any grease stains as a result of the event. 2.23 The Historical Society will pay the City all permit fees, in accordance with the provisions of Chapters 4.90 and 4.100 ECC, for the above-mentioned facilities use and 2.1.a Packet Pg. 8 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 6 services at least ten (10) days prior to the event. This Agreement will serve as the special event permit application required under ECC 4.100.040. A statement of the estimated costs of City resources to be provided for the event, to include the deployment of “No Parking” signs and placement and removal of street barricades, will be provided upon approval of the Special Event permit. The actual costs of these resources will be determined after the event at which time the City will either refund the difference or invoice the Historical Society for the additional costs due pursuant to ECC 4.100.090. 2.24 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.25 No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Historical Society. It is not allowed to fasten anything to the buildings, structures or trees, and doing so may result in damage cost recovery and/or fine. 3. Miscellaneous. 3.1 Entire Agreement, integration, amendment, waiver, applicable law and venue. 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 will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either 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. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will 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 will 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 will be deemed to be the same of the City for any purpose. The Historical Society alone will be solely responsible 2.1.a Packet Pg. 9 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 7 for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Historical Society in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish County Health District, and the City. It is in the interests of the Parties that the health and safety of event attendees and the general public is protected. It is the Historical Society’s responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Historical Society of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the 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 Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the Historical Society 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. DATED this ______ day of ________________ 2025. CITY OF EDMONDS: EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: Mike Rosen, Mayor Barb Fahey, Board Chair ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2.1.a Packet Pg. 10 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 8 Attachment A 2.1.a Packet Pg. 11 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) Combustible refuse shall be kept in noncombustible containers with tight fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Attachment B 2.1.a Packet Pg. 12 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Smoking shall not be permitted in tents or membrane structures. Approved “No Smoking” signs shall be conspicuously posted. (IFC 3106.4.5) An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ▪ Designated cooking tents not occupied by the public when approved by the fire code official. ▪ Tents or structures where cooking appliances are protected with an automatic fire- extinguishing system. (IFC 3106.5.1) Cooking equipment using combustible oils or solids shall meet the following: ▪ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ▪ The equipment shall be placed on a noncombustible surface. ▪ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 2.1.a Packet Pg. 13 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. x x x x x 2.1.a Packet Pg. 14 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R7078 Status Approved Page 1 of 2 Current Balance: $360.00Original Balance: $360.00Payment Schedules 1 resource(s)25 booking(s)Subtotal: $360.00 System User Jay Sandstrom Home Phone Number (425) 802-1572 Cell Phone Number (425) 802-1572 Email Address bluecottagejams@gmail.com Customer Name Christina Martin - 38864 TypeCustomer General Public Mailing Address 118 5th Ave N Edmonds, WA 98020 Permit #R7078 Status Approved Date Feb 20, 2025 12:08 PM FAC (Frances Anderson Center) 700 Main Street Edmonds, WA 98020 PHONE:(425) 771-0230 FAX:(425) 771-0253 EMAIL:reczone@edmondswa.gov Permit Rental Fee $360.00 Discounts $0.00 Subtotal $360.00 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $360.00 Total Payment $0.00 Refunds $0.00 Balance $360.00 Summer Market Booking Summary Right of Way (Park)Center: Right of Way START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sat, May 3, 2025 6:00 AM Sat, Oct 18, 2025 3:30 PM --$0.00 Occurs every Saturday effective 05/03/2025 until 10/18/2025 from 6:00 AM to 3:30 PM. Resource level fees $360.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Apr 5, 2025 $360.00 $0.00 $0.00 $360.00 2.1.a Packet Pg. 15 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R7078 Status Approved Page 2 of 2 X: Date: Christina Martin Customer ID: 38864 Home Phone Number: (425) 802-1572 Cell Phone Number: (425) 802-1572 Email Address: bluecottagejams@gmail.com X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov 2.1.a Packet Pg. 16 At t a c h m e n t : 2 0 2 5 S u m m e r M a r k e t C o n t r a c t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND URBAN CRAFT UPRISING Event Date – May 10, 2025 THIS AGREEMENT (“Agreement”) is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the “City”), and the URBAN CRAFT UPRISING (hereinafter referred to as the “UCU”) (collectively, the “Parties”). WHEREAS, the UCU has conducted a public event known as “Edmonds Spring Fest” (hereinafter referred to as the “Event”) in 2018, 2019, 2021, 2022 2023 and 2024; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for enjoyment to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the UCU 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: 1. Responsibilities of the City (certain UCU obligations included). 1.1 The City will provide use of the Frances Anderson Center Playfield (“Playfield”) and 8th Avenue between Main Street and Dayton Street (depicted on the Site Map in Exhibit A) (collectively referred to as the “City-Provided Site”) so as to allow for the following: 1.1.1 The Event setup will begin on Friday, May 9, 2025 at 2:00 p.m.; street barricades to be in place by Friday, May 9, 2025 at 2:00 p.m. 1.1.2 The Event will run from 10:00 a.m. to 5:00 p.m. on Saturday, May 10, 2025. 1.1.3 The Playfield will be used for the craft and food booths. The section of 8th Avenue depicted in Exhibit A will be utilized as an area for food trucks. 1.2 All surfaces listed will remain available to the UCU for Event purposes until Saturday, May 10, 2025 at 10:00 p.m. Final cleanup will take place as set forth in paragraph 2.9, below. 1.3 The City may irrigate the field prior to the event to reduce dust. The Playfield irrigation system will be turned off by 8:00 a.m. on Friday, May 9, 2024. 1.4 The City will provide up to ten (10) picnic tables, to be delivered to the Playfield. The UCU will provide crew members to assist with the moving and placement of the picnic tables. The UCU will be responsible for providing compost, recycle and garbage collection and removal of all trash. 1.5 City will remove the baseball field backstop and place it near the trees on the South side of the field. 2.1.b Packet Pg. 17 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 1.6 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the requirements of the “Outdoor Assembly Events” checklist set forth in Exhibit B, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Director of the Parks, Recreation and Human Services Department (“Parks & Recreation”) or their designees to determine the facilities in use comply with the provisions of Exhibit B and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.7 Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., May 10, 2025, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the UCU will correct all problems related to fire safety. In the event that such problems are not corrected, the 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 the City, any violation or other condition that threatens life, health or property has not been corrected. 1.8 Alcohol will not be served at the Event. 1.9 The City will provide safety barriers at the following two (2) locations for street closures required to contain the City-Provided Site described in Paragraph 1.1 (see Site Map in Exhibit A): 1.9.1 8th Avenue at Main Street, to close 8th Avenue 1.9.2 8th Avenue at Dayton Street, to close 8th Avenue 1.10 The City will identify ADA parking stalls and provide official handicapped parking signs. 1.11 The 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 set forth in the ordinances of the City of Edmonds. 1.12 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City, if any, will be mutually determined by the Chief of Police, or designee, and the UCU. 1.13 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. 1.14 The UCU must supply power as needed. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City Electrician and Parks & Recreation). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the UCU). The UCU is not authorized to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.15 The UCU must have temporary panels and power poles, if applicable, removed by 12:00 noon on Monday May 12 2025. 2. Responsibilities of the UCU. 2.1.b Packet Pg. 18 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 2.1 The UCU agrees to the following general open hours for the Event: Saturday, May 10, 2025, 10:00 a.m. – 5:00 p.m. 2.2 The UCU will pay the City Four Hundred Fifteen Dollars ($415.00) for the above- mentioned facility no later than April 11, 2025. The UCU will be responsible for costs of City resources provided for the event pursuant to the provisions of ECC 4.100.090. A statement of the estimated costs for City staff time for the deployment of no parking signs, placement and removal of street barricades, potable water access, picnic table delivery, irrigation marking and backstop removal will be provided upon approval of the Special Event permit. The estimated costs for City resources must be paid no later than ten (10) days prior to the event. The actual costs of these resources will be determined after the event at which time the City will either refund the difference or invoice the UCU for additional costs due pursuant to ECC 4.100.090. 2.3 The UCU will submit a cleaning/damage deposit of Five Hundred Dollars ($500.00) to the City prior to April 11, 2025. The deposit will be refunded to the UCU if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.2 The UCU will provide any and all security services necessary during the nighttime hours (nighttime hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the UCU or the participants in the Event. 2.3 The UCU is responsible for contracting with appropriate vendors for power. Further, the UCU will arrange for a walk-through with the City Electrician to obtain approval for the accommodation of power and electricity needs. 2.4 The UCU will provide sufficient portable sani-cans and wash stations. 2.5 The UCU will be responsible for all required City of Edmonds and State of Washington permits. The UCU will submit the fee for the park usage permit provided for by this Agreement. 2.6 The UCU will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.7 Garbage service will be contracted and paid for by the UCU. 2.8 UCU will contact community transit at Construction.Supervisor@commtrans.org no later than April 10, 2025 to inform them of the closure of 8th avenue and the need to re-route their bus service during the closure. 2.9 The UCU will be responsible for restoring the Playfield to its original condition no later than 12:00 noon, Sunday May 11, 2025. A UCU representative will meet with a member of Parks & Recreation on the afternoon of May 9, 2025, to inspect the facility to document the “original” condition of the Playfield. A final inspection of the Event area will be conducted by the City Parks Maintenance Division to determine if all areas are clean and returned to their original condition to include removal of all garbage and equipment related to the event. 2.1.b Packet Pg. 19 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 2.10 The UCU will supply no fewer than four (4) sheets of plywood to cover the field entrance on Dayton Street to mitigate potential turf damage from vehicles entering and exiting the site. 2.11 The UCU will operate the Event. Neither the UCU nor any of its officers, agents or employees will 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. 2.12 The Parties acknowledge that, pursuant to the provisions of 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 statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The UCU 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. 2.13 The UCU agrees that the Event is a public event. The UCU 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, and gardens, are traditional public forums. As a result, the UCU will permit citizens attending events open to the general public during the Event to exercise therein their protected constitutional right to free speech without interference on City property. 2.14 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the UCU will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles from Event participants, and arrange for recycling services. 2.15 Chapter 6.80 of the Edmonds City Code (“Plastic Bag Reduction”) restricts 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 UCU 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. 2.16 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non-compostable food service containers and single-use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The UCU will provide for the on-site collection of compostable and recyclable materials and garbage from event participants, using designated color-coded collection containers. The UCU will ensure that on-site collection containers are serviced properly and continually during the event. A UCU representative will meet with the City’s Recycling Coordinator or representative prior to April 11, 2025, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.17 The UCU 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. 2.1.b Packet Pg. 20 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 2.18 The Parks & Recreation Director will provide a temporary exemption to the No Dogs on playfields ordinance and allow dogs to be on leash at the Event. The UCU will ensure dogs do not enter the playground area and will ensure all dog waste is removed from the site. Police will be notified of any aggressive dog behavior. The Parks & Recreation Director retains the right to suspend this temporary exemption at any time. 2.19 All requests for additional services and concerns of the Event will be directed by the UCU to the City’s designated representative, the Parks & Recreation Deputy Director, who may be contacted at 425-771-0230. 2.20 The UCU will provide a fire watch for all times the Event is open to the general public. The Fire Marshall or representative will inspect the Playfield with the UCU designated representative prior to the Event opening to the public, and any potential problems will be noted and reported to the City prior to the Fire Marshall’s briefing. At 9:00 a.m. on May 10, 2025, the Fire Marshal will brief designated representatives of the UCU of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Frances Anderson Center, as well as inspect for any electrical and fire safety hazards. The UCU and appointed representatives will be the responsible individuals for performing fire prevention and fire watch activities. 2.21 The UCU will insure that: 1) Kilns, barbecues, forges and other sources of heat will 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 will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. The UCU will 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. 3) Tents are held down with sandbags and not stakes. 2.22 The UCU will 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 UCU’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 will include a waiver by the UCU of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.23 The UCU will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products-completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on UCU’s General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 2.1.b Packet Pg. 21 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that UCU’s insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self-insured pool coverage maintained by the city of Edmonds shall be excess of UCU’s insurance and shall not contribute with it. The UCU will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 3. Miscellaneous. 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. 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 will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either 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. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will 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 will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the UCU will be deemed to be the same of the City for any purpose. The UCU alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The UCU in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish County Health District, and the City. It is the UCU’s responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to UCU of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain 2.1.b Packet Pg. 22 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) areas, if in the opinion of the Parks & Recreation Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the UCU breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so from the City, the City may terminate this Agreement. DATED this ____ day of ____________ 2025. CITY OF EDMONDS: URBAN CRAFT UPRISING: ________________________________ __________________________________ Mike Rosen, Mayor Lindsey Ross, Owner ATTEST/ AUTHENTICATED: __________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: __________________________________ Office of the City Attorney 2.1.b Packet Pg. 23 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) EXHIBIT A: SITE MAP 2.1.b Packet Pg. 24 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) Combustible refuse shall be kept in noncombustible containers with tight fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Exhibit B 2.1.b Packet Pg. 25 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Smoking shall not be permitted in tents or membrane structures. Approved “No Smoking” signs shall be conspicuously posted. (IFC 3106.4.5) An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ▪Designated cooking tents not occupied by the public when approved by the fire code official. ▪Tents or structures where cooking appliances are protected with an automatic fire- extinguishing system. (IFC 3106.5.1) Cooking equipment using combustible oils or solids shall meet the following: ▪A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ▪The equipment shall be placed on a noncombustible surface. ▪An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) Each generator shall be provided with an approved portable fire extinguisher complying with Section 906.(IFC 3106.6.3) LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 2.1.b Packet Pg. 26 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 2.1.b Packet Pg. 27 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6324 Status Approved Page 1 of 2 3 resource(s)6 booking(s)Subtotal: $1,395.00 System User Todd Cort Home Phone Number (503) 488-6022 Email Address lindsey@urbancraftuprising.com Customer Name Lindsey Ross - 14534 TypeCustomer General Public Mailing Address Urban Craft Uprising 4207 SE Woodstock Blvd. #381 Portland, OR 97206 Permit #R6324 Status Approved Date May 15, 2024 11:13 AM FAC (Frances Anderson Center) 700 Main Street Edmonds, WA 98020 PHONE:(425) 771-0230 FAX:(425) 771-0253 EMAIL:reczone@edmondswa.gov Permit Rental Fee $895.00 Discounts $0.00 Subtotal $895.00 Deposits $500.00 Deposit Discounts $0.00 Total Permit Fee $1,395.00 Total Payment $0.00 Refunds $0.00 Balance $1,395.00 Spring Fest 25 Booking Summary FAC - Amphitheatre (Festival)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Fri, May 9, 2025 2:00 PM Fri, May 9, 2025 9:00 PM 1 $0.00 Sat, May 10, 2025 6:00 AM Sat, May 10, 2025 9:00 PM 1 $0.00 Resource level fees $1,395.00 Damage Deposit $500.00 / Each x 1 $500.00 City Resource Fee - Street $240.00 / Each x 1 $240.00 Field Rental - R $415.00 / Each x 1 $415.00 Park Maintenance Fee $240.00 / Each x 1 $240.00 FAC - Grass A (Festival)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Fri, May 9, 2025 2:00 PM Fri, May 9, 2025 9:00 PM 1 $0.00 Sat, May 10, 2025 6:00 AM Sat, May 10, 2025 9:00 PM 1 $0.00 FAC - Grass Do Not Use (Festival)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Fri, May 9, 2025 2:00 PM Fri, May 9, 2025 9:00 PM 1 $0.00 Sat, May 10, 2025 6:00 AM Sat, May 10, 2025 9:00 PM 1 $0.00 2.1.b Packet Pg. 28 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6324 Status Approved Page 2 of 2 X: Date: Lindsey Ross Customer ID: 14534 Home Phone Number: (503) 488-6022 Email Address: lindsey@urbancraftuprising.com X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov Current Balance: $1,395.00Original Balance: $1,395.00Payment Schedules Deposit EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Spring Fest 25 FAC - Amphitheatre Damage Deposit $500.00 $0.00 $0.00 $0.00 $500.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Feb 25, 2025 $240.00 $0.00 $0.00 $240.00 May 9, 2025 $1,155.00 $0.00 $0.00 $1,155.00 2.1.b Packet Pg. 29 At t a c h m e n t : 2 0 2 5 S p r i n g F e s t E v e n t A g r e e m e n t F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED THIS AGREEMENT (“Agreement”) is entered into by and 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; and 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 The City will provide the following spaces at the Frances Anderson Center to the Festival Association: June 5 at 8:00 am to June 17 at 5:00 pm Rooms 112, 114, 115, 123, 206, 207, 208, and 209 for nonpublic use. Under no circumstances will the Festival Association have access to the Sculptors Workshop Rooms 210 & 211. June 5 at 8:00 am to June 16 at 5:00 pm Gymnasium The Festival Association will cover the gym floor to prevent damage. June 11 at 8:00 am to June 17 at Noon Playfield and amphitheater The Frances Anderson Center playfield (“Playfield”) will be used for Artwork Booths. The City may irrigate the Playfield prior to the Festival to reduce dust. The Playfield irrigation system will be turned off by 8:00 am on June 10, 2025. The Festival Association agrees to cover the baseball infield dirt only. 2.1.c Packet Pg. 30 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) The courtyard area adjacent to the Frances Anderson building (West of the amphitheater, south of the gymnasium, east of the building) may be used for a food concession area. The City will provide up to fifteen (15) picnic tables and up to fifteen (15) garbage cans to the Frances Anderson Center field. The Festival Association will provide crew members to assist with the moving and placement of picnic tables and garbage cans. The Festival Association will be responsible for providing a dumpster for trash and grease traps for wastewater disposal. The Festival Association will provide the City with a list of supplies for use both inside the building and the Playfield (trash can liners, paper towels, etc.) which the City will order. The Festival Association will pay the invoices for all supplies in a timely fashion. 1.2 The City will provide the following spaces at the Edmonds Library Plaza to the Festival Association to be used for special functions: June 9 at 8:00 am to June 16 at 5:00 pm. Plaza Room June 9 at 8:00 am to June 16 at 5:00 pm. Plaza Patio 1.3 All of the rooms identified herein will 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 will be located therein. The City will make its best efforts to limit foot traffic not related to the Festival Association. 1.4 The City will check out two (2) sets of the required keys plus three (3) additional room keys to the Festival Association President, or designee, who will be responsible for security of all Festival Association displays and supplies. 1.5 The City will provide potable water access in two locations. First, attached to the Frances Anderson Center exterior behind the bandshell and the second near the corner of 8th and Main St. 1.6 The City will mark all irrigation lines on the playfield. 1.7 Eighth Avenue will be closed between Main Street and Dayton Street for an additional food concession area and eating tables from June 12 at 8:00 am until June 16 at 12:00 noon. The City will provide and install safety barriers at both ends of the closed street. The Festival Association will ensure that these safety barriers are kept in place for the duration of the event, see Exhibit A. 1.8 Except as provided below, the City grants the Festival Association the exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 10 through June 16; provided, however, that the Festival Association will provide nine (9) parking permits and marked stalls for Library staff/patrons, which include three (3) handicapped parking stalls. The Dayton Street book drop and the Library 2.1.c Packet Pg. 31 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) receiving area must remain open at all times. The City will provide official handicapped parking signs as identified in Exhibit A. One (1) load/unload space each will be marked on Dayton and Main Street. 1.9 The City will provide one (1) 200-amp panel of electrical service; the Festival Association must supply any additional power. A Festival Association representative and a City Public Works representative will meet prior to June 1, 2025, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying the Snohomish County PUD of hookups and scheduling inspection of temporary panels (including any necessary permits). The City will provide the City Electrician on an “on- call” basis, and is subject to reimbursement from the Festival Association for time and materials, minimum 4-hour overtime callback. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and City Parks and Recreation Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Festival Association. It is not allowed to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.10 The Festival Association must have temporary panels and power poles removed by 12:00 noon on June 18, 2025. 1.11 The City will supply a list of acceptable compostable and recyclable foodware items and of suppliers for the compostable items. The City will provide signage for the on- site collection containers and any additional containers, if needed. 1.12 The 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 set forth in the ordinances of the City of Edmonds. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and will 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 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 Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health Department in assuring compliance during the event described in this Agreement. 2.1.c Packet Pg. 32 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 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 will 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. 2.4 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Festival Association will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.5 Chapter 6.80 of the Edmonds City Code (“Plastic Bag Reduction”) restricts 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 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non- compostable food service containers and single-use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The Festival Association will provide for the on-site collection of compostable and recyclable materials and garbage from event participants, using designated color-coded collection containers. The Festival Association will ensure that on-site collection containers are serviced properly and continually during the event. A Festival Association representative will meet with the City’s Recycling Coordinator or representative prior to June 12, 2024, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 Displays and artworks will not be hung from conduits or sprinkler pipes. Exits and exit signage will not be obstructed except with specific approval of the Fire Marshall or designee. Nothing will 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 will 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 will be used on grassy areas of the Plaza. A Festival Association representative will meet with a member of the City's Parks and Recreation Department prior to June 11, 2025 and on June 17, 2025 to inspect the facility to document the “original” and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. 2.1.c Packet Pg. 33 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 2.8 The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from June 5 at 8:00 am until June 16. The Festival Association will meet with the City’s Lead Custodian to review cleaning expectations prior to event. In the event of a call-out during the event, the Festival Association will reimburse the City for time and materials, at a minimum rate of 4-hour overtime callback. 2.9 The Festival Association will 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. 2.10 The Festival Association will ensure City clients have access to the weight room (200A) for drop-in use up until 1:00 pm, Wednesday, June 11, 2025, and starting again at 8:30 am, Tuesday, June 17, 2025. The clients will use the alternate Main Street entrance (no access through the gym). The City will secure the hallway between the gymnasium and the weight room by 12:00 noon, Monday, June 9, 2025. The hallway must be opened by 2:00 pm, June 12, 2025 and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.11 Permits: The Festival Association will be responsible for all required city and state permits. 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 of Washington. 2.12 Clean-Up: The Festival Association will be responsible for clean-up of the festival grounds and indoor spaces as follows: 1) Restore all areas to their original condition. 2) Pick up all trash and remove all items and equipment related to the Edmonds Arts Festival by 12:00 noon, June 17, 2025 (including grounds and buildings). 3) Plaza room carpet will be professionally cleaned so that it is dry and ready for use by 8:30 am on Tuesday, June 17, 2025. 4) Carpet/rugs, hard floor surfaces, and stairs will be professionally cleaned, and otherwise restored to their original condition (with the exception of the gym) no later than June 17, 2025 at 12:00 noon. 5) Restroom facilities will be professionally cleaned and ready for public use no later than June 16, 2025 at 12:00 noon. 6) Power wash cleaning of the following: a. All paved food concession areas; b. Edmonds Library Plaza patio; and c. All pedestrian walkways/steps around amphitheater, Frances Anderson Center, and Library Plaza area. 2.1.c Packet Pg. 34 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 7) Wash east-facing windows on the first and second floor of the Frances Anderson Center by 4:00 pm on June 17, 2025. (Care must be taken particularly with the Daycare windows below ground level, which have exhaust fans that are not able to be sealed). 8) Install drain guards on all affected storm drains prior to the beginning of the 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. 9) Disposal of wastewater will be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. 2.13 Fire Watch: The Festival Association will provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative will inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 9, 2025 and any potential problems will be noted and reported to the City prior to Fire Marshall's briefing. At 9:00 am on June 13, 2025, the Fire Marshal will 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 as well as inspect for any electrical and fire safety hazards. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.14 The Festival Association will comply with all South County Fire guidelines, including the “Outdoor Assembly Events” Checklist” set forth in Exhibit B, attached hereto and incorporated herein by this reference, and will additionally insure that: 1) Kilns, barbecues, forges and other sources of heat will 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 will 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 will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload. Food Court concessions will use the Main Street entrance for loading and unloading. 3) Precaution and measures are taken to prevent water from entering into the interior of the Frances Anderson Center buildings. 2.15 Fees: The Festival Association will pay a fee of $7,520.00 for Anderson Center, under stage storage, Plaza Room and environs to the City for the use and services of the 2.1.c Packet Pg. 35 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) above-mentioned facilities in this Agreement no later than May 12, 2025. The Festival Association will be responsible for the costs of City resources provided for the event pursuant to the provisions of ECC 4.100.090. A statement of the estimated costs for City staff time for the placement and removal of no parking signs, ADA parking signs, road closure barricades, potable water access, irrigation marking, backstop removal and picnic table/garbage can delivery will be provided upon approval of the Special Event permit. The estimated costs for City resources must be paid no later than ten (10) days prior to the event. The actual costs of these resources will be determined after the event at which time the City will either refund the difference or invoice the Festival Association for additional costs due pursuant to ECC 4.100.090. The Festival Association will 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. 2.16 Damage Deposit: The Festival Association will submit a cleaning/damage deposit of $1,000.00 to the City no later than May 12, 2025. The deposit will 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 Indemnification: 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 out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Festival Association and the City, its officers, officials, employees, and volunteers, the Festival Association’s liability hereunder shall be only to the extent of the Festival Association’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Festival Association’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.18 Insurance: The Festival Association will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products-completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Festival Association’s General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence ), and $2,000,000 general aggregate. 2.1.c Packet Pg. 36 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) The insurance policy shall contain, or be endorsed to contain, that the Festival Association’s insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self-insured pool coverage maintained by the city of Edmonds shall be excess of the Festival Association’s insurance and shall not contribute with it. In the event that the Festival Association’s employees and/or volunteers provide the service of alcohol at the event, the Festival Association’s General Liability insurance will also include host liquor liability coverage. However, if the Festival Association contracts with a third-party vendor or vendors to provide all service of alcohol, the Festival Association will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $1,000,000 per vendor. The City will be named as an additional insured on any third-party vendor(s)’ Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Festival Association’s Certificate of Insurance. The Festival Association will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.19 Notices. All requests for additional services and concerns of the Festival Association will be directed by the Festival Association President to the City’s designated representative, Parks Deputy Director, 425-771-0232. 3. Miscellaneous 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. 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 will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either 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. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to pandemic-related restrictions, fire, flood, strike or other labor difficulty, act of nature, 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, 2.1.c Packet Pg. 37 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 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 will 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 will be deemed to be the same of the City for any purpose. The Festival Association alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Festival Association in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Festival Association’s responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Festival Association of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the event(s) or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the Festival Association breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so by the City, the City may terminate this Agreement. DATED this ____ day of ____________ 2025. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION: ________________________________ __________________________________ Mike Rosen, Mayor Tracey Pocius, Arts Festival Co-President ATTEST/ AUTHENTICATED: ________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: _________________________________ Office of the City Attorney 2.1.c Packet Pg. 38 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) Exhibit A Parking and Street Closure Map Frances Anderson Center Field Vendor Map 20 2 5 2 barricades 2.1.c Packet Pg. 39 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) 2.1.c Packet Pg. 40 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) Combustible refuse shall be kept in noncombustible containers with tight fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Exhibit B 2.1.c Packet Pg. 41 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Smoking shall not be permitted in tents or membrane structures. Approved “No Smoking” signs shall be conspicuously posted. (IFC 3106.4.5) An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ▪ Designated cooking tents not occupied by the public when approved by the fire code official. ▪ Tents or structures where cooking appliances are protected with an automatic fire- extinguishing system. (IFC 3106.5.1) Cooking equipment using combustible oils or solids shall meet the following: ▪ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ▪ The equipment shall be placed on a noncombustible surface. ▪ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 2.1.c Packet Pg. 42 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6423 Status Approved Page 1 of 7 13 resource(s)146 booking(s)Subtotal: $9,000.00 System User Todd Cort Home Phone Number (206) 992-3312 Email Address tpocius@edmondsartsfestival.org Agent Name Tracey Pocius Organization Phone 1 Number (206) 992-3312Organization Name Edmonds Arts Festival - 4 TypeCustomer Organization Organization Address P O. Box 212 Edmonds, WA 98020 Permit #R6423 Status Approved Date Jun 11, 2024 9:43 AM FAC (Frances Anderson Center) 700 Main Street Edmonds, WA 98020 PHONE:(425) 771-0230 FAX:(425) 771-0253 EMAIL:reczone@edmondswa.gov Permit Rental Fee $8,000.00 Discounts $0.00 Subtotal $8,000.00 Deposits $1,000.00 Deposit Discounts $0.00 Total Permit Fee $9,000.00 Total Payment $0.00 Refunds $0.00 Balance $9,000.00 Arts Festival 25 Booking Summary FAC - Gymnasium A (Gymnasium)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 5:00 PM 1 $0.00 FAC - Room 112 (Classroom)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX 2.1.c Packet Pg. 43 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6423 Status Approved Page 2 of 7 Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 FAC - Room 114 (Classroom)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 5:00 PM 1 $0.00 FAC - Room 115 (Classroom)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 2.1.c Packet Pg. 44 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6423 Status Approved Page 3 of 7 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 FAC - Room 123 (Classroom)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 FAC - Room 206 (Classroom)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 FAC - Room 207 (Classroom)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX 2.1.c Packet Pg. 45 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6423 Status Approved Page 4 of 7 Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 FAC - Room 208 (Classroom)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:00 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 FAC - Room 209 (Classroom)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 2.1.c Packet Pg. 46 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6423 Status Approved Page 5 of 7 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 Edmonds Plaza Room - Banquet Room (EPR)Center: Edmonds Plaza Room START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Resource level fees $9,000.00 Damage Deposit $1,000.00 / Each x 1 $1,000.00 Park Maintenance Fee $240.00 / Each x 1 $240.00 Rental Fee $7,520.00 / Each x 1 $7,520.00 Street Team Fee $240.00 / Each x 1 $240.00 EPR Patio (Patio)Center: Edmonds Plaza Room START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 FAC - Amphitheatre (Gazebo)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 2.1.c Packet Pg. 47 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6423 Status Approved Page 6 of 7 Current Balance: $9,000.00Original Balance: $9,000.00Payment Schedules Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 FAC - Grass A (Park)Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 Custom Questions QUESTION ANSWER Do you plan on serving alcohol at your event?No I agree to abide by the City of Edmonds Parks rule that no alcohol may be consumed or served at any City of Edmonds Parks Please Make Selection I agree to not arrive before my rental period or stay after my rental period. I understand that all setup and cleanup must occur during my rental period. Please Make Selection I agree to not bring any food trucks, bouncy houses, or amplified music to my picnic shelter. Please Make Selection I agree to return the Picnic Shelter to the conditions I found it, including but not limited to: clearing tables of debris, emptying charcoal from BBQ stands into the correct receptacles, and taking down all signage that I put up from my rental. Please Make Selection I agree to the shelters/gazebo refund policy of 50% refund 30 days before reservation date and no refund less than 30 days before reservation date. Please Make Selection I will not exceed the maximum capacity of the shelter (City Park 100/Hickman Park 50)Please Make Selection Notes:Leave early Deposit EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Arts Festival 25 Edmonds Plaza Room - Banquet Room Damage Deposit $1,000.00 $0.00 $0.00 $0.00 $1,000.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Jun 5, 2025 $9,000.00 $0.00 $0.00 $9,000.00 2.1.c Packet Pg. 48 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) # R6423 Status Approved Page 7 of 7 X: Date: Edmonds Arts Festival Customer Type: Organization Customer ID: 36665 Mailing Address: P O. Box 212, Edmonds, WA 98020 Organization Phone 1 Number: (206) 992-3312 Authorized Agent Name: Tracey Pocius Home Phone Number: (206) 992-3312 Email Address: tpocius@edmondsartsfestival.org X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov 2.1.c Packet Pg. 49 At t a c h m e n t : 2 0 2 5 C o n t r a c t E d m o n d s A r t s F e s t i v a l F I N A L ( S p e c i a l E v e n t A g r e e m e n t s : M a r k e t , S p r i n g F e s t , A r t s F e s t i v a l ) City Council Agenda Item Meeting Date: 04/1/2025 Building Controls - Support Agreement with ATS Automation Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History In 1999 and 2000 the City added Direct Digital Controls(DDC) to eight city owned buildings. These controls allow for remote viewing of indoor building conditions and HVAC operations. The remote interface is a web based proprietary interface with the Alerton controls nationwide network, locally franchised with ATS Corporation. Staff Recommendation At this time, the Public Works Director recommends that City of Edmonds accept this proposal to renew the Building Automation Support Agreement with ATS Automation and forward to the Consent Agenda. Narrative ATS Automation is the sole source vendor for Alerton DDC automated building controls in Washington State. The City of Edmonds' HVAC, indoor air quality, and system energy performance is supported by this system. ATS Automation provides general account and network support, functional testing of systems and components, performance analytics, emergency response and system updates as well as support for mechanical contractor work that is not controls related. This system provides the city with remote oversight tools to monitor, program and control building mechanical systems to support daily operations and verification of system operations when deficiencies are detected. ATS is a long term support contractor with the City who offer top customer service and expertise to support continued reliable operation of the city’s aging mechanical infrastructure at eight city buildings. Attachments: ATS City Sole Source Justification ATS Sole Sole Source Letter ATS Support Agreement 2.2 Packet Pg. 50 2.2.a Packet Pg. 51 At t a c h m e n t : A T S C i t y S o l e S o u r c e J u s t i f i c a t i o n ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.a Packet Pg. 52 At t a c h m e n t : A T S C i t y S o l e S o u r c e J u s t i f i c a t i o n ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.b Packet Pg. 53 At t a c h m e n t : A T S S o l e S o l e S o u r c e L e t t e r ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 54 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 55 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 56 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 57 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 58 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 59 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 60 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 61 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 62 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 63 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 64 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 65 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 66 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 67 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 68 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 69 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 70 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) 2.2.c Packet Pg. 71 At t a c h m e n t : A T S S u p p o r t A g r e e m e n t ( B u i l d i n g A u t o m a t i o n S u p p o r t A g r e e m e n t ) City Council Agenda Item Meeting Date: 04/1/2025 Public Safety Building - Chiller Plant Service & Maintenance Agreement Continuation Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Public Safety Complex was built between 1999 and 2000, this complex of two buildings is supported by common infrastructure that supports but Fire Station 17 and Maxwell McGinness Public Safety Building housing Edmonds Municipal Court and the Edmonds Police Department. Staff Recommendation At this time, the Public Works Director recommends that City of Edmonds accept proposal to renew the Service Agreement with Trane US Inc. and forward to the Consent Agenda. Narrative Trane US Inc. is the manufacturer and service provider for specialty HVAC and Mechanical systems, the 100 Ton Chiller plant that services the Edmonds Public Safety Complex provides indoor air quality and temperature control to the 41,000 square feet of emergency support services, court operations, city council chambers and fire living quarters. Indoor air quality and occupant comfort is essential efficient government operations, and preservation of public assets. With increasing pressure from changing environmental conditions electric cooling is an essential mechanical system to maintain a high- performance building in compliance with the city comp and cap plans, and state mandated de- carbonization goals. Attachments: Trane PSA 4-2025 Trane Support Agreement Exhibit A 2.3 Packet Pg. 72 2.3.a Packet Pg. 73 At t a c h m e n t : T r a n e P S A 4 - 2 0 2 5 ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.a Packet Pg. 74 At t a c h m e n t : T r a n e P S A 4 - 2 0 2 5 ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.a Packet Pg. 75 At t a c h m e n t : T r a n e P S A 4 - 2 0 2 5 ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.a Packet Pg. 76 At t a c h m e n t : T r a n e P S A 4 - 2 0 2 5 ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.a Packet Pg. 77 At t a c h m e n t : T r a n e P S A 4 - 2 0 2 5 ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.a Packet Pg. 78 At t a c h m e n t : T r a n e P S A 4 - 2 0 2 5 ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.a Packet Pg. 79 At t a c h m e n t : T r a n e P S A 4 - 2 0 2 5 ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.a Packet Pg. 80 At t a c h m e n t : T r a n e P S A 4 - 2 0 2 5 ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 81 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 82 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 83 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 84 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 85 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 86 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 87 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 88 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 89 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) 2.3.b Packet Pg. 90 At t a c h m e n t : T r a n e S u p p o r t A g r e e m e n t E x h i b i t A ( P u b l i c S a f e t y M e c h a n i c a l M a i n t e n a n c e a n d S e r v i c e A g r e e m e n t ) City Council Agenda Item Meeting Date: 04/1/2025 AWC Energy Audit Grant Award and Audit Service Agreement Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Washington Clean Building Act (HB 1257, signed into law in 2019) mandates energy performance standards for existing commercial buildings, measurement and verification(M&V) for new energy usage standards start in 2026 for the largest buildings. Compliance for City of Edmonds buildings will begin in 2028 through 2030. Currently there is an early adoption incentive that being sought for buildings with measured and verified Energy Usage Intensity (EUI) in compliance with the new standards. The city has sought funding and energy auditing services for our existing buildings that will need to have verified compliance in the near future. Staff Recommendation At this time, the Public Works Director recommends that City of Edmonds accept the AWC Energy Audit (zero match) Grant award for $55,808.00 and Energy Auditing services proposal/PSA to conduct energy auditing services in the 60-day grant completion window May 31, 2025 deadline at City Hall, Public Safety and Public Works. Narrative AWC has re-advertised in January 2025 for grant funding availability for existing government building energy auditing work scope to aid government in supporting measurement and verification of HB1257, know as the Clean Buildings Act. The Grant application was created by city staff supported by the City’s Department of Commerce Certified Energy Services Contractor, McKinstry. One of the key components for compliance with HB 1257 is up to date energy audit information in support of an accurate and verifiable EUI for each building. The 60-day grant window required a joint effort to apply and contract for auditing services to be applied for in unison. With a zero match award there was no risk to the City or the ESCO contractor if the grant award was not issued. City Hall, Public Safety and Public Works will need to be in verifiable compliance with HB 1257 beginning 6/1/2028, should these buildings be in compliance at an earlier date there is the potential to receive early adoption credit from the state. Our goal is to have verifiable M&V data, updated EUI scores and supporting documentation for each of our required building by end of FY 2025. Attachments: 2025 Professional Services Agreement McKinstry Energy Audit AWC Grant (with SEC edits - redline) 3.21.2025 AWC Grant Cert of Assurance AWC Grant 2.4 Packet Pg. 91 AWC Subgrant Agreement Exhibit A - McKinstry PSA 2025 Energy Audit 3.21.2025 2.4 Packet Pg. 92 CITY OF EDMONDS 121 5TH AVENUE NORTH · EDMONDS, WA 98020 · 425-771-0220 · FAX 425-672-5750 Website: www.edmondswa.gov MIKE ROSEN MAYOR 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into between the City of Edmonds, hereinafter referred to as the “City,” and McKinstry Essention, LLC, hereinafter referred to as the “Consultant.” WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide Energy Audit services for the AWC Energy Audit Grant Award project (the “Project”); and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of FIFTY SIX THOUSAND DOLLARS ($56,000.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City’s warrant process. No billing shall be considered for payment that has not been submitted to the City three (3) days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 2.4.a Packet Pg. 93 At t a c h m e n t : 2 0 2 5 P r o f e s s i o n a l S e r v i c e s A g r e e m e n t M c K i n s t r y E n e r g y A u d i t A W C G r a n t ( w i t h S E C e d i t s - r e d l i n e ) 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. 2.4.a Packet Pg. 94 At t a c h m e n t : 2 0 2 5 P r o f e s s i o n a l S e r v i c e s A g r e e m e n t M c K i n s t r y E n e r g y A u d i t A W C G r a n t ( w i t h S E C e d i t s - r e d l i n e ) 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant’s status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City’s prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Payment under this Agreement is subject to the appropriation of funds for these purposes. In the 2.4.a Packet Pg. 95 At t a c h m e n t : 2 0 2 5 P r o f e s s i o n a l S e r v i c e s A g r e e m e n t M c K i n s t r y E n e r g y A u d i t A W C G r a n t ( w i t h S E C e d i t s - r e d l i n e ) 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t event funds are not appropriated, the City reserves the right to terminate this Agreement effective immediately and shall provide the Consultant with written notice of immediate termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant 2.4.a Packet Pg. 96 At t a c h m e n t : 2 0 2 5 P r o f e s s i o n a l S e r v i c e s A g r e e m e n t M c K i n s t r y E n e r g y A u d i t A W C G r a n t ( w i t h S E C e d i t s - r e d l i n e ) 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 7110 210TH Street SW Edmonds, WA 98026 Notices to the Consultant shall be sent to the following address: McKinstry Essention, LLC PO Box 24567 Seattle, WA 98124 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _____ day of _______________ 2025. CITY OF EDMONDS MCKINSTRY ESSENTION, LLC Phil Williams, Interim Director _______________________________ Public Works & Utilities Department (Printed Name and Title) APPROVED AS TO FORM: ________________________________ Office of the City Attorney 2.4.a Packet Pg. 97 At t a c h m e n t : 2 0 2 5 P r o f e s s i o n a l S e r v i c e s A g r e e m e n t M c K i n s t r y E n e r g y A u d i t A W C G r a n t ( w i t h S E C e d i t s - r e d l i n e ) 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: 2.4.a Packet Pg. 98 At t a c h m e n t : 2 0 2 5 P r o f e s s i o n a l S e r v i c e s A g r e e m e n t M c K i n s t r y E n e r g y A u d i t A W C G r a n t ( w i t h S E C e d i t s - r e d l i n e ) 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t 2.4.a Packet Pg. 99 At t a c h m e n t : 2 0 2 5 P r o f e s s i o n a l S e r v i c e s A g r e e m e n t M c K i n s t r y E n e r g y A u d i t A W C G r a n t ( w i t h S E C e d i t s - r e d l i n e ) 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t 2.4.b Packet Pg. 100 At t a c h m e n t : A W C G r a n t C e r t o f A s s u r a n c e ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.c Packet Pg. 101 At t a c h m e n t : A W C G r a n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.c Packet Pg. 102 At t a c h m e n t : A W C G r a n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.c Packet Pg. 103 At t a c h m e n t : A W C G r a n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.c Packet Pg. 104 At t a c h m e n t : A W C G r a n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.c Packet Pg. 105 At t a c h m e n t : A W C G r a n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.c Packet Pg. 106 At t a c h m e n t : A W C G r a n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.c Packet Pg. 107 At t a c h m e n t : A W C G r a n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.c Packet Pg. 108 At t a c h m e n t : A W C G r a n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 109 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 110 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 111 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 112 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 113 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 114 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 115 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 116 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 117 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 118 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 119 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 120 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 121 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 122 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 123 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 124 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.d Packet Pg. 125 At t a c h m e n t : A W C S u b g r a n t A g r e e m e n t ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) EXHIBIT A 2.4.e Packet Pg. 126 At t a c h m e n t : E x h i b i t A - M c K i n s t r y P S A 2 0 2 5 E n e r g y A u d i t 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.e Packet Pg. 127 At t a c h m e n t : E x h i b i t A - M c K i n s t r y P S A 2 0 2 5 E n e r g y A u d i t 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.e Packet Pg. 128 At t a c h m e n t : E x h i b i t A - M c K i n s t r y P S A 2 0 2 5 E n e r g y A u d i t 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.e Packet Pg. 129 At t a c h m e n t : E x h i b i t A - M c K i n s t r y P S A 2 0 2 5 E n e r g y A u d i t 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.e Packet Pg. 130 At t a c h m e n t : E x h i b i t A - M c K i n s t r y P S A 2 0 2 5 E n e r g y A u d i t 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t ) 2.4.e Packet Pg. 131 At t a c h m e n t : E x h i b i t A - M c K i n s t r y P S A 2 0 2 5 E n e r g y A u d i t 3 . 2 1 . 2 0 2 5 ( A W C E n e r g y A u d i t G r a n t A w a r d a n d A u d i t S e r v i c e A g r e e m e n t )