Meadowdale Playfield Interlocal Agreement for Operation and Maintenance AgreementMEADOWDALE PLAYFIELD OPERATION AND MAINTENANCE AGREEMENT
WHEREAS, the cities of Edmonds and Lynnwood, Snohomish
County, and Edmonds School District No. 15 have jointly developed
a site known as the Meadowdale Playfield site pursuant to a
Development and Operations Agreement dated June 5, 1985;
WHEREAS, paragraph 8 of such agreement provides in part that
". . . the cities will share equally the costs and
responsibilities of maintenance and each account for the cost of
maintenance and operation of the playfields and adjust
responsibilities annually if they are not equal. The School
District will pay for the cost of field preparation for the
District's use. A detailed maintenance agreement will be
developed after the final master plan is accepted by all cities
and an agreement is reached on the phases of the project's
development"; and
WHEREAS, the parties wish to provide for a more permanent
basis of operation and maintenance responsibility. NOW,
THEREFORE,
In consideration of the mutual benefits to be derived and
the promises set forth herein, the City of Lynnwood, Washington
(hereinafter "Lynnwood"); and the City of Edmonds, Washington
(hereinafter "Edmonds"), do hereby enter into the following
agreement under the terms and conditions herein set forth:
1. Term of Agreement. This agreement shall run from year
to year with annual amendments by the parties as herein set
forth. Its initial term shall be for the budget year January 1,
WSS52526A/0006.120.054 -1-
WSS klt 12 04 90-2 j. I- f� ye
1991, through December 31, 1991. It shall be automatically
renewed unless the underlying Development and Operations
Agreement is terminated by the parties.
2. managing Agency. Lynnwood is hereby designated as the
managing agency and shall incur all costs associated with the
normal operation and maintenance of the joint facility subject to
appropriate reimbursement from the other parties as herein
provided.
3. Billing. The City of Lynnwood shall provide a detailed
billing statement of the net costs and maintenance operation of
the joint facility to the City of Edmonds on a quarterly basis.
The School District shall pay the cost of field preparation for
District use.
The following estimated costs of such operation and
maintenance shall be established annually as provided below in
paragraph 4. Such estimated costs shall not be conceded on a
quarterly basis without the express written consent of the other
parties.
3.1. Upon receipt the parties shall have twenty (20)
working days to review said bills and tender payment.
3.2. In the event of dispute regarding the amount or
appropriateness of any charge, the affected party shall notify
Lynnwood in writing by depositing same in the U.S. mail addressed
in care of the City Clerk, City of Lynnwood, Lynnwood,
Washington, within the twenty (20) day review period and shall
pay any amount not in dispute within said period.
WSS52526A/0006.120.054 -2-
WSS/klt 12/04/90-2
3.3. The parties shall attempt to first resolve the
issue between themselves. If they are unable to resolve the
dispute within thirty (30) days of the mailing of the notice of
dispute, the parties shall submit the matter to binding
arbitration before an arbitrator to be mutually agreed upon. The
cost of arbitration shall be born equally between the parties;
provided, however, that either party may refuse to submit to
arbitration any charge or cost alleged to be prohibited by law or
the Constitution of the State of Washington or the United States
of America.
4. Annual Estimates. Lynnwood shall submit annually on or
before September 15 of each year the estimated maintenance and
operation costs for the full following budget year. The cost
shall reflect complete maintenance and field preparation for
fields 1, 2, 3, 4 and 5 as well as the anticipated electrical and
other utility charges necessary to light all fields and otherwise
provide for the operation of the complex. Such information shall
be submitted by that date in order to be reviewed as a part of
the normal budget process. The maintenance charges shall be
deemed incorporated into this operation and maintenance
responsibility when such estimate of charges is attached hereto
as approved by the City Council of the affected party through the
budget process. Upon such attachment, this Agreement shall be
deemed to be renewed for an additional year.
5. Accounting Procedures. Lynnwood shall keep appropriate
books and accounts covering the operation and maintenance for
review or audit by a paying party. A separate accounting shall
WSS52526A/0006.120.054 -3-
WSS/klt 12/04/90-2
be maintained for all revenue collected from the complex and
fully credited to each city's or other party's operating and
maintenance account.
6. insurance. Lynnwood shall provide the necessary
property insurance required for adequate protection of the
facility and naming Edmonds as an additional named insured. The
deductible applicable to all claims shall be $1,000.00 per
occurrence unless otherwise agreed upon by the parties.
7. Interpretation and Incorporation. The prior agreement
between the parties dated June 5, 1985, is hereby incorporated by
this reference as fully as if herein set forth. Such agreement
shall remain in full force and effect and shall govern the
interpretation of the provisions of this Agreement. Also to be
utilized in any interpretation of this Agreement is the "Master
Plan" adopted by the parties and dated March 1985.
S. Normal operation and Maintenance. Normal operation and
maintenance of the facility shall include the following items:
8.1. Operation.
8.1.1. Receiving and processing of use request
forms, collection of fees and original scheduling of approved
activities in accordance with the provisions of the original
agreement.
8.1.2. Set up and supervision of all scheduled
activities.
8.1.3. Organization, coordination, and supervision
of the concession stand operation.
WSS52526A/0006.120.054 -4-
WSS/klt 12/04/90-2
8.1.4. Purchase of required operating materials
including but not limited to soccer nets, bases, field lining
material, and other similar and normal operational materials.
8.1.5. Payment of all utility charges including
but not limited to electric, water, sewer, garbage, telephone,
alarm and monitoring.
8.2. Maintenance.
8.2.1. Purchase of all materials required for the
normal maintenance of the facility including but not limited to
restroom supplies, garbage bags, fertilizers, seed, sand, soils,
bark, chemicals, irrigation supplies and lighting supplies.
8.2.2. Purchase of all equipment and tools required
for normal maintenance of the facility including but not limited
to tractor and trailer, field liner, drags, and hand tools.
8.2.3. Mowing, trimming, aerating, verti cutting,
top dressing, seeding, fertilizing and weed control of all turf
areas.
8.2.4. Maintenance of the control building (includ-
ing restrooms, storage and office areas).
8.2.5. Programming and maintenance of the auto-
mated irrigation system throughout the facility.
8.2.6. Collection and disposal of all litter.
8.2.7. Cleaning and maintenance of parking lots,
walkways, hard court surface area and bleachers.
8.2.8. Repair of items damaged by vandals or other
misuse.
WSS52526A/0006.120.054 -5-
WSS/klt 12/04/90-2
8.2.9. Performing such other normal operation and
maintenance duties as are normally required in the operation of
this facility whether or not listed above.
9. Estimated Annual Charge. The total estimated annual
charge for the Meadowdale facility for each and every budget year
shall be attached to this Agreement as an exhibit and upon
attachment shall be incorporated as fully as if herein set
forth. The total estimated cost for the facility for 1991 is
$65,800 for operations and maintenance. The cost for any year or
any calendar quarter shall not exceed 110% of the original
estimate for such period without the prior written approval of
the City Councils of Lynnwood and Edmonds.
10. Revenues. The revenue from the facility shall include
field rental fees and the concession operation. Such revenue
shall be shared equally by Edmonds and Lynnwood. Each city shall
collect revenue from their own league activities and may, at the
option of each City, permit such monies to be credited against
their obligations under this Agreement.
11. Integration; Termination. This Agreement shall be
integrated with and interpreted in accordance with the
development/operation agreement for the Meadowdale Playfield of
June 5, 1985, and may be terminated only in accordance with the
termination provisions set forth in that agreement.
DONE this � day of -
199
CITY OF EDMONII--, .r
By:
ten, Mayor
WSS52526A/0006.120.054 -6-
WSS/klt 12/04/90-2
ATTEST/AUTHENTICATED:
ac eline G. Parrett, Cit Clerk
i-I - Yi
Approved as to form:
City Attorne
CITY OFF LYNNWOOD
By: !r! •
M. J. Hrdlicka, Mayor
ATTE EN ICATED:
obert W. crack, City Clerk
Approved as to form:
f - t�
City Attorney
WSS52526A/0006.120.054 -7-
WSS/klt 12/04/90-2