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2022-07-12 City Council - Full PPW Agenda-32211. Op E D o Agenda Edmonds City Council tn.. ISLP PARKS AND PUBLIC WORKS COMMITTEE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 JULY 12, 2022, 7:30 PM 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 ON CITY COUNCIL COMMITTEE NIGHTS FROM 430- 930 PM AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: NEIL TIBBOTT (CHAIR), KRISTIANA JOHNSON, VIVIAN OLSON (EX-OFFICIO MEMBER) CALL TO ORDER COMMITTEE BUSINESS 1. Oktoberfest Event Agreement (5 min) 2. City of Lynnwood/Meadowdale Park ILA 2022 Expenditure Request (20 min) 3. Parks, Recreation, Cultural Arts & Human Services Department - Q2 Report (0 min) ADJOURN Edmonds City Council Agenda July 12, 2022 Page 1 2.1 City Council Agenda Item Meeting Date: 07/12/2022 Oktoberfest Event Agreement Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History The Council authorizes Event Agreements on behalf the City of Edmonds. In 2021 the special events of Summer Market, SpringFest, Edmonds Arts Festival, 4th of July, Taste Edmonds and the Classic Car Show all took place, Oktoberfest was postponed for a second year due to the pandemic. Council has previously authorized the 2022 Summer Market, SpringFest, the Edmonds Arts Festival, 4th of July Celebration, Taste Edmonds and the Classic Car Show. At this meeting City Staff is presenting this year's Oktoberfest Event Agreement. Staff Recommendation Staff recommendation is the City Council support the Event Agreement between the City of Edmonds and the Edmonds Rotary Club for 2022 Oktoberfest (attached) and forward the agreement to the July 19, 2022 Consent Agenda. Approval on consent would authorize the Mayor to sign the contract. Narrative After having to cancel the event two consecutive years due to COVID the Edmonds Rotary Oktoberfest Family Festival plans to return to the Frances Anderson Center Field on Friday, September 23, 2022 and Saturday, September 24, 2022. This is family friendly community event and fundraiser featuring live music, food trucks, kids activities, pet parade, beer garden featuring German beer and a 5K Fun Run/Walk. The event is free and open to the public. The 5K features includes minor road closures, some temporary parking closures and assistance by two Edmonds Police Officers for major intersection crossings. Details for the race can be found in the agreement to include a traffic control plan, race map with course monitor placement and plans to notify the public and any impacted residences. The contracts were reviewed and approved by the City's internal team (Police, Fire, Public Works, Parks, Recreation & Cultural Services, Development Services, Human Resources (risk management) and Economic Development Departments) and approved as to form by the City Attorney. Further, the Agreement requires that the Rotary follow all guidelines set forth by the State of Washington and the Snohomish County Health Department and abide by the South County Fire festival guidelines. Attachments: 2022 Oktoberfest Event Agreement Packet Pg. 2 2.1.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS ROTARY CLUB September 23-24, 2022 The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ROTARY CLUB (hereinafter referred to as the "Rotary") (collectively, the "Parties"). WHEREAS, the Edmonds Rotary Club has in the past conducted a public event known as "Edmonds Rotary Oktoberfest" (hereinafter referred to as the "Event") and proposes to do so again in 2022; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for good clean fun 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 Edmonds Rotary Club 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 Rotary obliLations included). 1.1 The City will provide use of the Playfield, and the Bandshell at the Frances Anderson Center and 8th Avenue between Main Street and Dayton Street (See Site Map at Exhibit A & Traffic Control Plan at Exhibit B) and use of sidewalks and portions of city streets for a 5K race (see race map in Exhibit C) (hereinafter referred to as the "City -Provided Site") for use as the venue for Oktoberfest (hereinafter referred to as the "Event"), and agrees to the following: 1.1.1 No Parking Signs placed on the West Side of 8th Avenue and on Dayton for dumpster delivery by Wednesday, September 21, 2022 at 8:00 a.m. 1.1.2 The Event setup on the Frances Anderson Playfields and 8t1i Avenue will begin on Friday, September 23, 2022 at 8:00 a.m.; barricades, ADA and loading zone signs to be in place by 8:00 a.m. 1.1.3 The Event will run from 4:00 p.m. to 10:00 p.m. on Friday, September 23, 2022 and 12:00 p.m. to 10:00 p.m. on Saturday, September 24, 2022. The 5K race will begin at 10:00 am and conclude at 11:30 am. 1.1.4 The Frances Anderson Playfield and Bandshell will be used for the stage, beer festival, events and craft booths. The section of 8th Avenue described above will be utilized as an area for food concessions and eating tables. 1.1.5 The race will begin and finish on 8th Avenue between Main St. and Bell. Across from the Frances Anderson Center Playfields. Packet Pg. 3 2.1.a 1.1.6 All surfaces listed will remain available to the Rotary until final cleanup, to be completed by Sunday, September 25, 2022 at 12:00 p.m. 1.2 The City may sprinkle the field prior to the Event to reduce dust. The playfield irrigation system will be turned off by 8:00 a.m. on September 23, 2022. The Rotary agrees to cover the infield dirt only. 1.3 The City will provide up to fifteen (15) picnic tables and up to ten (10) garbage cans around the outside area. The Rotary will also provide crew members to assist with the moving and placement of tables and garbage cans. The Rotary will be responsible for emptying the trash cans. The City will supply backup trash bags. 1.4 The Rotary will provide a minimum of four (4) sheets of plywood to be used at the vehicle entrance location on the South Side of the Frances Anderson Playfield if the ground is soft and the area becomes muddy. 1.5 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "Food Trucks and Special Events Standard" set forth in Exhibit D, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and the Parks, Recreation & Cultural Services Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit D 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. 1.6 Edmonds Fire Marshal may inspect the facilities prior to the opening to the general public on or before 2:00 p.m., September 23, 2022, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the Rotary 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. 1.7 Alcohol may be served, so long as the Rotary obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least two (2) weeks prior to the Event. 1.8 The City will provide safety barriers at the following locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit B, attached hereto and incorporated herein by this reference: 1.8.1 8th Avenue at Main Street, to close 8th Avenue on both the North and South Sides of Main 1.8.2 8th Avenue at Dayton Street, to close 8th Avenue (local access only) 1.8.3 8th Avenue at Bell St, to close 8th Avenue Packet Pg. 4 2.1.a 1.9 The Rotary will work with the City to identify ADA parking stalls. The City will provide official handicapped parking signs. One load/unload space each will be marked on Dayton and Main Street. 1.10 The City may install Edmonds Oktoberfest street banners as provided by the Rotary at approved sites. The Rotary will obtain a Street Banner Permit and pay the required fee. 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 recommended by the Seattle King County Department of Health or levels 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 his/her designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his/her designee, and the President of the Rotary. 1.13 The City will supply a list of acceptable compostable and recyclable food ware 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. 1.14 The Rotary must supply power as needed. There will be no temporary PUD hookups or power poles installed for this event, it will run off of generator power. A Rotary representative and a City Public Works representative will meet prior to September 9, 2022, to draw up an exterior electrical plan. 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 Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Rotary. 1.15 The Rotary is not authorized to fasten anything to the buildings, structures or trees. Doing so may result in damage cost recovery and/or fine. 2. Responsibilities and RiLrhts of the Rotary 2.1 The Rotary will operate the Edmonds Oktoberfest, and neither the Rotary nor any of its officers, agents or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.2 The Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the Event or of the Rotary 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 Rotary warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. Packet Pg. 5 2.1.a 2.3 The Rotary agrees that the Edmonds Oktoberfest is a public event. The Rotary further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, and gardens, are traditional public forums. As a result, the Rotary will permit citizens attending events open to the general public at the City -Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.4 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 Rotary will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Rotary will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles and other recyclable materials from Event participants. The Rotary will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.6 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Rotary will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Rotary will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Rotary will ensure that on -site collection containers are serviced properly and continually during the Event. A Rotary representative will meet with the City's Recycling Coordinator or representative prior to September 10, 2022, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.7 The Rotary 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. 2.8 The Rotary will be responsible for restoring the City -Provided Site to its original condition. A Rotary representative will meet with a member of the City's Parks and Recreation Department on September 22, 2022 to inspect the City -Provided Site to Packet Pg. 6 2.1.a document the "original" and "post event" conditions of the City -Provided Site and surrounding areas. 2.9 The Rotary will provide a sufficient number of portable sani-cans and wash stations. 2.10 The Rotary will be responsible for all required city and state permits. The Rotary will submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Rotary is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.11 The Rotary will ensure that all booths/beer garden/wine garden have the necessary state permits for serving and selling alcohol. The Rotary agrees to make its best effort to prevent service of alcohol to minors, including partition of the beer garden and wine garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. 2.12 The Rotary will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.13 The provisions of Chapter 5.05 of the Edmonds City Code ("Animal Control") apply to the City -Provided Site. ECC 5.05.060 prohibits dogs, whether on leash or off leash from being present on City playfields. The Parks, Recreation & Cultural Services Director will provide a temporary exemption to this prohibition and allow dogs to be on leash at the Event. The Rotary will ensure that: (a) dogs remain on leash or under other manner of restraint at all times while on the City -Provided Site; (b) dogs do not enter the playground area; and (c) all dog waste is removed from the site. The Rotary will notify Police of any aggressive dog behavior. The Parks, Recreation & Cultural Services Director retains the right to suspend this temporary exemption at any time. 2.14 Garbage service will be contracted and paid for by the Rotary. 2.15 The Rotary will provide a minimum of four (4) sheets of plywood to protect the grass at the entrance to the Event area in the event this area becomes muddy due to rain. 2.16 A minimum of thirty (30) days prior to the Event, the Rotary will contact Sound Transit's Construction Supervisor at Construction. Supervisor(d),commtrans.org to share road closure dates and times to allow for busses to be re-routed during the Event. 2.17 The Rotary will be responsible for clean-up of the City -Provided Site as follows: A. Restore all areas to their original condition. B. Pick up all trash and remove all items and equipment related to the Event by 12:00 p.m., September 26, 2022 (including grounds and buildings). C. Power wash the following: a. All paved food concession areas; and b. All pedestrian walkways/steps around amphitheater. Packet Pg. 7 2.1.a D. Install drain guards on all affected storm drains prior to the beginning of the Event, and remove 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. E. Pick up and remove all garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event by 12:00 p.m., Sunday, September 25, 2022. F. Disposal of waste water will be according to the City policy using grease traps provided, cleaned, and picked up by the Rotary. 2.18 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. 2.19 The Rotary will submit a cleaning/damage deposit of One Thousand Five Hundred dollars ($1,500.00) to the City prior to Tuesday, September 6, 2022. The deposit will be refunded to the Rotary 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. 2.20 The Rotary will pay the City Seven Hundred Fifty dollars ($750.00) for the use of the City -Provided Site prior to Tuesday, September 6, 2022, and will reimburse the City for the actual costs of supplies or services furnished by the City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.21 The Rotary will provide a fire watch for all times the Event is open to the general public. The Fire Marshall or representative may inspect the City -Provided Site with the Rotary President, or designated representative, prior to 12:00 p.m. on September 24, 2022. 2.22 The Rotary will insure that: A. 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 will be approved by the Fire Department and may require conditions for their acceptable use (see exhibit D). Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. B. Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. C. The Rotary 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. D. Tents are held down with sandbags and not stakes. 2.23 The Rotary 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 Rotary's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, Packet Pg. 8 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 Rotary 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. 2.24 The Rotary will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will 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 will be named as an additional insured on the Rotary'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 will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Rotary's insurance coverage will be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds will be excess of the Rotary's insurance and will not contribute with it. In the event that the Rotary's employees and/or volunteers provide the service of alcohol at the event, the Rotary's General Liability insurance will also include host liquor liability coverage. However, if the Rotary contracts with a third -party vendor or vendors to provide all service of alcohol, the Rotary 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 Rotary's Certificate of Insurance. The Rotary 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 ANII. 2.25 The Rotary agrees to the following general open hours for Edmonds Oktoberfest: Friday, September 23, 2022 4:00 p.m. — 10:00 p.m. Saturday, September 24, 2022 12:00 p.m. — 10:00 p.m. The Rotary agrees to keep the hours of operation in the Beer Garden / Wine Garden within the following schedule: Friday, September 23, 2022 4:00 p.m. — 10:00 p.m. Last call 9:30 p.m., no service after 9:45 p.m. Saturday, September 24, 2022 10:30 a.m. — 10:00 p.m. Last call 9:30 p.m., no service after 9:45 p.m. Packet Pg. 9 2.1.a The Rotary agrees to have the race start at 10:00 am with a goal of completion no later than 11:30 am. 2.26 The Rotary will provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. 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 Rotary or the participants in the Event. 2.27 The Rotary will provide fence installation and removal at the Beer Garden / Wine Garden, if installing fence on 8th Avenue Rotary will ensure the fence runs along the center line of the street allowing for vehicle access on the East side of the street. 2.28 The Rotary is responsible for contracting with appropriate vendors for electrical power. No power is available at the Frances Anderson Center field and gasoline powered generators are not permissible. 2.29 The Rotary will arrange for a walk-through with the City Electrician and obtain approval for the accommodation of power and electricity needs. 2.30 All requests for additional services for, and concerns about, the Event will be directed by the Rotary President to the City's designated representative, the Parks, Recreation & Cultural Services Deputy Director, who may be contacted at 425-771-0230. 2.31 The Rotary will assume all responsibility for coordination of the 5K race, including but not limited to ensuring that the flow of traffic is not disrupted on City Streets that remain open. The Rotary accepts the condition of the 5K route as it currently exists. 2.32 The Rotary shall provide course monitors and flaggers as indicated in the traffic control plan (exhibit B). The Rotary shall pay for two Edmonds Police Officers to be stationed at the intersections identified a P on the traffic control plan to assist in helping runners safely navigate the course. 2.33 The Rotary shall provide advance notice to businesses and residents along the 5K route regarding the Event. Notification shall include, but not be limited to: event date, timeframe, route, traffic impacts/detours and contact information to obtain more information. 2.33 The Rotary shall make arrangements with a local newspaper to run a Neighborhood Traffic Alert no less than one week prior to the Event. The notice shall include the event contact, event date, time, route, and timeframe of expected impacts. 2.34 The Rotary will provide the "NO PARKING" signage to Public Works prior to September 16, 2022, and that the event organizer agrees to pick up and store the "No Parking" and "Road Closed" barricade signage at an agreed upon location for Public Works to recover on the following Monday. The Rotary should make contact with Chuck Haitt (425-771-0235) for quantity, configuration, and location of storage of the no parking signage. Packet Pg. 10 2.1.a 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement 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 Rotary will be deemed to be the same of the City for any purpose. The Rotary 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 Rotary in the performance of this Agreement will 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, and the City related to the COVID-19 pandemic. The most recent information regarding the applicable state and federal guidelines and requirements relating to the COVID-19 pandemic can be found on the Washington State coronavirus response webpage at www.coronavirus.wa.gov and on the Centers for Disease Control and Prevention website at www.cdc.gov. og_v. The Governor's Spectator Events COVID- 19 Requirements, which contains hyperlinks to related resources and any updates to its requirements, may be found at: https://www. govemor.wa. gov/sites/default/files/COVID 19%20Spectator%20Event%20Guidance.pdf . The Rotary will consult this information regularly during the course of the event to ensure that the latest guidelines and requirements are promptly implemented. 3.5 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Rotary will constitute a breach of this Agreement. In the event the Rotary fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Rotary violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Rotary twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks, Recreation & Cultural Services Director may order the Rotary to cease operation of the Event hereunder immediately at any time should the Parks, Recreation & Packet Pg. 11 2.1.a Cultural Services Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Rotary will have no further rights hereunder, and the City may require the immediate removal of all property of the Rotary and its vendors from the City -Provided Site. DATED this day of 2022. CITY OF EDMONDS: EDMONDS ROTARY CLUB: Mike Nelson, Mayor ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Libby Freese, Edmonds Rotary Club Treasurer Packet Pg. 12 2.1.a Exhibit A: Site Map i Packet Pg. 13 2.1.a Sno-Isle Library May 2020 rn LU a Exhibit B Traffic Control Plan — Festival & Race EDMONDS ST Z W Q 2 = O� II P MAIN S [Water Barricades and Barricade Signs ided by Public Works. Closed to all traffic. Frances Anderson Anderson Center Field Center Water Barricades and Barricade Signs © © °AYTON ST provided by Public Works. Local Access Only U) W Q 2 MAPLE ST co W 2 I— d� ALDER ST WALNUT ST ■ Road Closure Barricade Reserved for ADA A Parking Signs Food Trucks West side only Packet Pg. 14 2.1.a LIP 3 Rg N ^+ N p� � � a 1 7 N anV 419 m mTII 3 a O 0 N (p ID0 a C]a O 0 0 U7 O C- 4 4 Oh 8 U t➢ CD Q V in GY O 'tom 13_ Cr 1 iJ O O � 'fir W m Q� C �kg fG @ Y/ ro n w "m -�. ro n m m o, N V y19 3f4 Pt3 f-3 °o K m �n v x O 2 a U a � A x x m x as C,-1 5 m10 G1 [n v f7 *c C T La '3 Q o m>>o° imam a �a � n � I r�S a x Q ` tt � r a� -moo a,o is �A'D as r0 =F m 'a (P n N b 7 n N N S N Co CP @- N [nA[nANC..�z�sa[n n� �.° N O > @ Z ° z rnn m m@ N 1J 6hlf {list i �' T o z $$.P z$ z _ .w4o . � C` 91 .N-t m Cry m � _ Ch S° D o m° o S xi m>> 4 4 o- o o. o S o o _�'n�nn' > C �C z CO a [O Cfi µ 4 µ W µp m m S [ S-. ET R C S 7 S= S S A (D a �Na a i 0 0 �' A wA[P[PC� [n CnCnAm N 0 a Z 0 O1 W a g o a o o Coo o e } CA �s N -c ❑ 3 03 rnn ,mapa rl O Nan d' anUir, 'a rT � . a A A Z c a 6 ow �� 0 p Co> a A z� C7� g{A N al z 6 ' n--"o Cm� n9 9m ¢y err L+ S F �i d��1 Co - n t� dap n CD 3: ql -00 -j ro rrt -t y� ��o � w Cow o �. � m ^3' � � m n NId41LL w MhAvl�l 4F G - N d L Q C d W .g d Q. Co N d O Q L tm Q C CD > W (n O O N N O N C d t 0 m a Packet Pg. 15 2.1.a C 0'1 m C N p wT rqr� a�2 � N H 0 �m na w � d w Q �7 a N � C a m 9 'd 2 C� r5 N antl 439 E-401, w r] SY Exhibit C Race Map m � N N d '� T N w •CrA •n _ n _c m N a 7 �l Z1 � P+ OL m iD M 71 m 02 p 02Z �Q 0 O fD' O G O COLN G :32 =� �� N ��a 3 3 3 3 �. q ?� ; � 0 03Q 1 Og 1, 1.0Q o° O3° O° O W `� v [+7mA0� Co Co Co O 3 `@C U7 U7 U7 f� N P 6 n CL V imL 3 (D 3 NN 9u v Q Cr cn X am 4100 0 a r 4 - t -- o IQ ' m m ',w 5 2 N C N env u1e - m @ Q @ 0 @ C ... f-. Q Q� CO D- y 0 m @ N GAV 6 4° o 3 o a N O@ ^E =@ D @ Q@ D m Z Cj - L co [' 3i = �i r' it W OQ r�i LO � r n� @ Zi m @ m co m @ kn w @ T. N dCd v � { x 4 6 H a rn V+ n y = v 1 u N Id TLL 121h A vQ Ni N an Q Packet Pg. 16 2.1.a Exhibit D FOOD TRUCKS AND SPECIAL EVENTS STANDARD BUSINESS LICENSE ❑ All food trucks are required to obtain a business license unless they are part of a special event in which case they are covered under the special event. FIRE LANE ❑ A MINIMUM 20-foot Fire Lane must ALWAYS be maintained for emergency vehicle access ❑ Unobstructed access to fire hydrants and FDCs shall always be maintained. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) TENTS AND OTHER MEMBRANE STRUCTURES ❑ All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. Exceptions are: a. Limited in size to 120 square feet; b. Occupancy is limited to 10 persons or less; c. Minimum of 12 feet seperation between the canopy and the building (including any overhang or canopy); and Cl. No open flame or cooking is associated with the use of the canopy. ❑ Tents shall be 400 square feet or less, or an additional permit maybe required. The aggregate area of multiple tents placed side by side shall not exceed 700 square feet without having a 12-foot fire break. Break may be reduced to 10 feet with the approval of the fire official. Smoking shall not be permitted in tents or membrane structures. (IFC 3104.6) ❑ Tents or membrane structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official on request. SOUTH COUNTY FIRE 12425 Meridian Avenue South, Everett, WA 98208 (425) 551-1264 I Prevention@SouthSnoFire.org SERVING THE CITIES OF • BRIER • EDMONDS • LYNNWOOD • MOUNTLAKE TERRACE Packet Pg. 17 2.1.a ❑ Maintain a minimum of 20 feet separation between rows of vendor booths, and a minimum of 20-foot-wide emergency apparatus access from parking area into vendor and stage area. HOOD AND FIRE EXTINGUISHERS ❑ A MINIMUM OF ONE 2A10BC PORTABLE FIRE EXTINGUISHER is required in all trucks and food vendor tents, with current annual inspection/service tag attached, and appropriately mounted. KEEP FIRE EXTINGUISHERS ACCESSIBLE AND CONSPICUOUS with no more than 75 feet of unobstructed travel distance. ❑ Trucks and food vendor tents with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. ❑ Hood suppression systems must have current inspection documentation (within 6 months) and shall be UL300 Compliant. ❑ Hood suppression systems must have current cleaning inspection documentation. ❑ NO CANDLES or open flame devices like Tiki torches shall be allowed. ❑ NO FLAMING FOOD shall be allowed. ❑ ALL COMBUSTIBLE MATERIALS shall be kept away from heat sources. ❑ NO COOKING APPLIANCES/HEAT SOURCES will be within physical reach of the general public. ❑ COOKING OIL STORAGE CONTAINERS within mobile food preparation vehicles shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a way as to not be toppled or damaged during transport. ELECTRICAL CORDS ❑ Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. ❑ All cords shall be free of splices, cuts or breaks in outer sheathing. ❑ UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. ❑ See "Generators" below South County Fire — Food Trucks and Special Events Standard 2021 Page 2 of 3 Packet Pg. 18 2.1.a RUBBISH ❑ Keep combustible rubbish in closed containers. ❑ Cardboard boxes are rubbish, not rubbish containers. ❑ Rubbish containers larger than 40 gallons must be labeled "Fire -Resistive". FUEL USE AND STORAGE ❑ All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. ❑ Storage tanks/cylinders must remain upright, so pressure relief valve is in vapor space. ❑ MANUAL SHUTOFF VALVES ON GAS LINES ARE REQUIRED AT THE POINT OF USE AND AT THE SUPPLY. ❑ The maximum aggregate capacity of LP -gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity. ❑ The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds (590 kg) water capacity. ❑ LP -gas containers installed on the vehicle and fuel -gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP -gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection. ❑ No smoking in or around cooking/fuel use or storage areas GENERATORS ❑ No generators are allowed unless they are part of the food truck fuel system or fueled by LP/CNG. NO GASOLINE GENERATORS WILL BE PERMITTED. South County Fire — Food Trucks and Special Events Standard 2021 Page 3 of 3 Packet Pg. 19 2.2 City Council Agenda Item Meeting Date: 07/12/2022 City of Lynnwood/Meadowdale Park ILA 2022 Expenditure Request Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Narrative This request was reviewed by the Parks & Public Works Committee on June 14, 2022 with the recommendation for a full Council presentation. Without discussion, this item was referred back to the Committee during the July 5, 2022 Council meeting. The Committee presentation and discussion will further review the existing agreements among the three entities of Cities of Lynnwood and Edmonds and the Edmonds School District, the historical Park improvements involving these entities and other related information. The cities of Lynnwood and Edmonds and Edmonds School District have an Interlocal Agreement (ILA) for Meadowdale Park for shared cost of capital improvements, renovations and ongoing maintenance. The ILA states "The District and Cities agree to jointly plan for additional capital expenditures for maintenance and replacement costs for the Playfields." (Attachment #1) This year the City of Lynnwood is replacing the existing playground and upgrading to a fully inclusive level of the play structure with an estimated cost of $507,077. The playground design and cost estimate are found in Attachment #2. With a $10,000 grant from Snohomish County the City of Lynnwood is requesting to split the balance of $497,077 between the two cities. This would result in the City of Edmonds contributing $248,538 in support of the inclusive playground replacement. The current adopted 2022 Parks Capital budget does not have a specific allocation for this funding. The City parks does have ongoing 2022 capital projects including the Civic Center Playfield. However, there are some sources of revenue that could be used to support this expenditure. These include - Existing Protect Sources Yost Pool Replaster Project Savings $ 94,500 Greenhouse Replacement Reallocation* $ 50,000 (Goffette donation can cover this expenditure) Civic Park Stormwater Mitigation Project* 104,038 (if ARPA funding is allocated to cover this expenditure) Funding Total $ 248,538 Packet Pg. 20 2.2 *If the Council chooses not to cover the $104,038 balance with this proposed allocation, then the funding would need to come from another source outside of the Parks Capital program such as the General Fund. Staff Recommendation Staff's recommendation is for the Parks & Public Works Committee to make a recommendation to the Council for consideration the funding allocation amount and sources in response to the City of Lynnwood request to support the 2022 Meadowdale Playfields playground replacement project. Background/History During the 2022 Parks, Recreation & Open Space Plan (PROS) development, the City requested a list of potential major capital projects and cost estimates related to the Meadowdale Playfields. In January this year, Lynnwood identified the playground replacement and related ADA parking space and pathway project with a total cost estimate of $200,000 (Edmonds share to be $100,000) along with other maintenance and operating projects totaling a 2022 request of $157,750. In addition, the City of Edmonds requested the installation of softball field dugout roofs ($40,000/pair for materials). As a result, $200,000 was allocated in the approved PROS Plan Capital Plan for planning purposes. In April, Lynnwood informed the City the project was upgraded to an inclusive level and, as a result, there would be additional costs. In May, the current cost estimate of $507,077 was shared with Edmonds. Attachments: Meadowdale Playfield Playground Design and Cost EstimateOpt Executed 2017 Meadowdale Playfields Interlocal Agreement Packet Pg. 21 Proposal for 2.2.a City of Lynnwood Prepared by GREAT RLS7 Rr 05-12-2022 Job # 105669-01 Meadowdale Playfield Playground Option 3 �r GamWTime C.-ORF 435-901-9544 1 www.gwpark.com Packet Pg. 22 I �Fi II• �11'11!'� II ' IL ro,. .I �I ►l s A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245.5055 1 F. 435 245-5057 Quinrt@gwpark.cvm Packet Pg. 23 Meadowdale Playfield Playground- Project 105669-01-Op# 3 Lynnwood, WA F L y, : I, Y{.z tf lI �� _ • lr _ 1 _'11 ��1 Vdi Y� I u� l:•l� 1•ii �� _ . v G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F. 435 245-5057 Quinr,@gwpark.cvm R E C I i m Meadowdale Playfield Playground- Project 105669-01-Op# 3 Lynnwood, WA G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245.5055 1 F. 435 245-5057 Ovinr,@gwpark.cvm R E C Meadowdale Playfield Playground- Project 105669-01-Op# 3 Lynnwood, WA may. ,..:i• - �..' ..� �`�' ;`•.. '1' . 17 Lb r, e G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245.5055 1 F. 435 245-5057 Ovinr,@gwpark.cvm R E C Meadowdale Playfield Playground- Project 105669-01-Op# 3 Lynnwood, WA s � r , G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245.5055 1 F. 435 245-5057 Ovinr,@gwpark.cvm R E C Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA f i► �!' l,� i. A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245.5055 1 F. 435 245-5057 Ovinrt@gwpark.cvm Packet Pq. 28 Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA 61 A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F. 435 245-5057 Quinrt@gwpark.cvm Packet Pq. 29 Project: 105669-01-Opt 3 Surfacing: 50-50 P I P PRIMARY PALETTES Allegiance Q Metal Plastic HDPE Jovial guac�scui�n DdpW O o DPF Patriot 0 Shine Metal Plastic w,., a,amw Sunrise Q PALETTE COLOR SELECTIONS Approved by: NATURAL PALETTES CONTEMPORARY PALETTES (toArctic Avalon c Uprights U o Metal • . HQPE > d Bayou wh"p Ott Deep Space Q QJungle Malibu O Metal OS onto Elena is t� Meta Plastic HDPE 6uiMr�,[n Spring Bloom r.4. QEmerald 1� �F Metal wmrt Honeysuckle Q Metal Passion Fruit 0 CM+ ,n. Whimsy Q 1.� IZ. • Metal VM1w Uprights venire 2.2.a 10a'-7" Area: Swing Pit \ SF: 3336 LF: 255 M n L— Sales Representative Quinn Connell ar quinn@gwpark.com 435-901-9544 This Unit inclu play events an tl IMPORTANT: Soft resilijz ing DrawnB Total Elevated Play Cot ponents 12 This la Minimum Area Required. y: i� Meadowdale Playfield routes ory specifically design p y should be placed in the uof all MMPla round for ap al needs users. It is the Total Elevated Play Cot ponents Accessible By Ramp 9 Required 6 equipment is - equipment, as specified fope ofY9 onof-manufacturerural, recommendedquipment, a ndatdepththe Date: L nnwood, WA e e pla is antl routes o Total Elevated Comport rite Accessible By Transfer - Required - forhildre critical fall hehts a e U.S. y even n aes 9 s specOS/10/2022 150 PlayCore Drive SE Re tative travel conform to the accessibility Total Accessible Groun Level Components Shown 16 Required 4 consumer Protluct Safetysion,Fort Pa AL 35967 presen $-12 scaled only when in ASTM standardFZ adian Drawing NameyDe• Great Western Recreation qTo aI Di event Types 0 Ground Level Components 8 Required 3 an 18' x 24" fo mat}`RriR' th Disabilities Act) Standard CAN/CSA P / Packet Pg. 31 GameTime C/O Great Western Recreation ff P.O. Box 680121 Fort Payne, AL 35967 Office:435-245-5055 Fax:435-245-5057 x pLAYCORE www.gwpark.com Meadowdale Playfield Playground Option 3 City of Lynnwood Attn: Eric Peterson 20522 60th Ave W Lynnwood, WA 98036 Phone: 425-670-5595 epeterson@lynnwoodwa.org 05/ Quote # 105669-01-03 Ship to Zip 98037 Playground Equipment 1 RDU GameTime - Custom 5-12 Inclusive Play Structure- $109,762.00 $73,832.43 $73,832.43 'Reference Drawing 105669-01-Opt 3 1 6263 GameTime - Inclusive Whirl - Natural $13,999.00 $13,579.03 $13,579.03 1 14928 GameTime - NDS Inclusive Play Sign Package 1 5179 GameTime - Welcome Sign (5-12) $561.00 $493.68 $493.68 Swing Equipment 1 5056 GameTime -Arch Swing $7,296.00 $6,128.64 $6,128.64 1 5151 GameTime - Pt Solo Swing Frame 3 1/2" X 8' $1,365.00 $1,324.05 $1,324.05 1 8537 GameTime - Adaptive Swing W/Chain $419.00 $368.72 $368.72 1 8696 GameTime - Encl Seat 3 1/2"(8696) $359.00 $301.56 $301.56 2 8910 GameTime - Belt Seat 3 1/2"Od(8910) $288.00 $241.92 $483.84 1 5158 GameTime - Express Swing W/Todd Seat 3 1/2"X8' $1,783.00 $1,497.72 $1,497.72 1 17247 GameTime - Adaptive Swing Safety Belt $155.00 $130.20 $130.20 2 18826 GameTime - Primetime Swing 3 1/2" X 8' $1,416.00 $1,373.52 $2,747.04 6630 PIP GT-Impax - 6630 SF Provide and Install of PIP- $33.12 $27.16 $180,070.80 6630 Total Sq Ft, 8' CFH Includes 50/50 std epdm and black - tbd Includes TTA pads at 3 swing inserts 4x8, 1 swing insert 4x4, 3 slide inserts 4x4 Aromatic Binder, Prevailing Wages 1 SECURITY GT-Impax - Site Security- $3,902.00 $3,902.00 $3,902.00 Prevailing Wages 1 INSTALL Install - Receive and Unload Equipment- $2,880.00 $2,880.00 $2,880.00 Prevailing Wages 1 INSTALL Install - Remove and Dispose of Existing Equipment, Concrete Footers- $6,910.00 $6,910.00 $6,910.00 Prevailing Wages 1 INSTALL Install - Installation of Equipment- $93,955.00 $93,955.00 $93,955.00 Prevailing Wages 1 INSTALL Install - Excavate and Dispose of Dirt, Import and Compact Rock, Install 115 ft of 6 ft $14,970.00 $14,970.00 $14,970.00 Wide Concrete Path - Prevailing Wages 1 INSTALL Install - Prep 4 Inches Subbase for Playground and Swing Pits- $4,030.00 $4,030.00 $4,030.00 Prevailing Wages 1 INSTALL Install-Dumpster for Trash- $1,155.00 $1,155.00 $1,155.00 Prevailing Wages Page 1 of 5 U OMNIAa P A R T N Packet Pg. 32 GameTime C/O Great Western Recreation ff P.O. Box 680121 Fort Payne, AL 35967 Office:435-245-5055 Fax:435-245-5057 x pLAYCORE www.gwpark.com Meadowdale Playfield Playground Option 3 05/ Quote # 105669-01-03 1 INSTALL Install - Excavate and Dispose of Dirt and Sod for Swing Pit 255 LF- $9,215.00 $9,215.00 $9,215.00 Prevailing Wages 1 INSTALL Install - Pour 12 Inch Concrete Border for Swing Pit- $12,670.00 $12,670.00 $12,670.00 Prevailing Wages Contract: OMNIA #2017001134 Sub Total $430,644.71 Material Surcharge $19,833.60 Freight $8,000.00 Tax $48,598.70 Comments Your Sales Rep is Quinn Connell. Please reach out to Quinn at 435-901-9544 if you should have any questions regarding this quote. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. —Material Surcharge reflects raw material price increase — Shipping to Site Address: 16700 66th Ave W Lynnwood, WA 98037 *Freight charges are based on listed zip code and are subject to change if shipping information changes. Customer is responsible for offloading. Prevailing Wages OMNIA # 5157328 Page 2 of 5 U OMNIAa P A R T N Packet Pg. 33 CGamleTlme�' A PLAYCORE Ca PamY GameTime C/O Great Western Recreation P.O. Box 680121 Fort Payne, AL 35967 Office:435-245-5055 Fax:435-245-5057 www.gwpark.com Meadowdale Playfield Playground Option 3 Remit Payment to: GameTime P.O. Box 680121 Fort Payne, AL 35968 Taxes: All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided. If sales tax exempt, you must provide a copy of certificate to be considered exempt. Prices : FOB Factory. 05/ Quote # 105669-01-03 Orders: All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime. Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed. Equipment, Taxes & Freight as noted above Installation and Surfacing billed as completed and Due Upon Receipt. Terms: Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount. Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees. Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require: Completed Project Information Sheet (if applicable) Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices. Retainage not accepted. Orders under $5,000 require payment with order. INSTALLATION CONDITIONS: • ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. • FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. • UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. U OMNIAa Page 3 of 5 P A R T N Packet Pg. 34 GameTime C/O Great Western Recreation ff P.O. Box Fort Paynee,, AL AL 35967 Office:435-245-5055 Fax:435-245-5057 x pLAYCORE www.gwpark.com Meadowdale Playfield Playground Option 3 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): Title: Telephone: Fax: P.O. Number: Date: Purchase Amount: $507,077.01 SALES TAX EXEMPTION CERTIFICATE #: FEIN# (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature Customer Signature DIR Project # (California only) Page 4 of 5 05/ Quote # 105669-01-03 U OMNIAa P A R T N Packet Pg. 35 GameTime C/O Great Western Recreation ff P.O. Box Fort Paynee,, AL AL 35967 Office:435-245-5055 Fax:435-245-5057 x pLAYCORE www.gwpark.com Meadowdale Playfield Playground Option 3 Customer Order Info: BILLING INFORMATION: Bill to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail SHIPPING INFORMATION (IF DIFFERENT FROM ABOVE)_ Ship to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail: Page 5 of 5 05/ Quote # 105669-01-03 U OMNIAa P A R T N Packet Pg. 36 2.2.b I INTERLOCAL AGREEMENT 2 BETWEEN 3 EDMONDS SCHOOL DISTRICT and THE CITY OF EDMONDS 4 and THE CITY OF LYNNWOOD for the 5 MEADOWDALE PLAYFIELDS REDEVELOPMENT PROJECT 6 7 THIS INTERLOCAL AGREEMENT ("Agreement"), dated as of 5" JO , 2017, 8 is made and entered into by and between EDMONDS SCHOOL DISTRICT NO. 15 9 ("District") and THE CITY OF EDMONDS ("Edmonds") and THE CITY OF LYNNWOOD 10 ("Lynnwood") for the redevelopment project of the Meadowdale Athletic Complex and 11 Playfields ("Playfields"). 12 13 RECITALS 14 15 WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local 16 government units to make the most efficient use of their powers by enabling them to cooperate 17 with other government entities on the basis of mutual advantage and thereby to provide services 18 and facilities in a manner pursuant to forms of governmental organizations that will accord best 19 with geographic, economic population, and other factors influencing the needs and development 20 of local communities; and 21 22 WHEREAS, each of the signatories hereto is a public agency as defined by RCW 23 Chapter 39.34; and 24 WHEREAS, the District owns real property used for school purposes which includes a 25 number of Playfields (referred to as the Meadowdale Playfields or the Playfields) and which is 26 located within the City of Lynnwood at 16700 66th Avenue West, legally described in Exhibit 27 A, attached hereto (the Real Property); and 28 WHEREAS, the District is responsible for the public education of the students in the 29 community, including physical education and athletic activities related to the educational program; 30 and 31 32 WHEREAS, the cities of Edmonds and Lynnwood (collectively referred to as the Cities) 33 have established departments in part for carrying out the purpose of developing and maintaining 34 community athletic and recreation programs; and 35 36 WHEREAS, the District and the Cities are mutually interested in supporting programs for 37 the community in the areas of athletics, recreation and education; and 38 39 WHEREAS, the Cities and the District have recognized for many years that through 40 cooperation, these publicly -owned athletic fields and facilities can be used to meet broader 2017 Meadowdale Playfields Development Agreement Page 1 Packet Pg. 37 2.2.b 41 community needs for education, recreation and athletic activities than any of the parties can 42 provide separately; and 43 44 WHEREAS, the Cities and the District jointly developed the Meadowdale Playfields in 45 1985 for school, educational, and community use; and 46 47 WHEREAS, the Cities and the District maintain an interlocal agreement which authorizes 48 Edmonds and Lynnwood to jointly operate, maintain, and schedule use of the Playfields and which 49 has a term through June 5, 2025, copy attached hereto as Exhibit B (the 1985 ILA); and 50 51 WHEREAS, Lynnwood and the District entered into an interlocal agreement which 52 extends Lynnwood's use rights and obligations under the 1985 ILA to operate, maintain, and 53 schedule use of the Playfields until 2065, copy attached hereto as Exhibit C; and 54 55 WHEREAS, the Cities and the District intend to review the 1985 ILA regarding the 56 scheduling, maintenance, fees, and facility rules and restrictions at the Playfields; and 57 58 WHEREAS, the Cities and the District with additional grantors are participating to share 59 the cost of redevelopment of the Playfields as outlined in this Agreement; 60 61 NOW, THEREFORE, the District, Edmonds and Lynnwood hereby agree as 62 follows: 63 1. The purpose of this Agreement is to define the rights and responsibilities of 64 the District, Edmonds and Lynnwood with regard to design, construction, and funding for 65 the project, which includes the redevelopment of two (2) multipurpose fields, three (3) 66 softball fields, backstops, perimeter fencing, and walking pathways (depicted in Exhibit D, 67 attached hereto) of the Playfields for continued use by the parties for education and 68 recreation purposes (the "Project"). All improvements will meet or exceed the 2010 69 American with Disabilities Act requirements. 70 71 2. The District owns the Real Property that is the subject of this Agreement. This 72 Agreement does not contemplate the transfer of ownership of the Real Property, nor to limit 73 the District's ability to comply with its statutory obligations regarding the use and 74 disposition of school property pursuant to RCW 28A.335. By operation of this Agreement, 75 Edmonds and Lynnwood do not acquire any ownership interest in and disclaim any interest 76 to the Playfields and the Real Property, which are and will remain the District's property. 77 78 3. The District agrees to make the Playfields on the Real Property available for 79 redevelopment by the parties and agrees that the athletic fields and facilities comprising the 80 Playfields are intended primarily for school and educational purposes and are for the benefit of 81 students and the school age population that reside within the District. 82 83 4. The District, Edmonds and Lynnwood recognize that the entirety of the 84 Playfields site has a 6f boundary designated by the National Park Service dedicating it to 85 recreational use, as depicted on Exhibit E, and any existing or future non -recreational uses 86 such as the installation of cell towers and antennas must be mitigated to properly convert 2017 Meadowdale Playfields Development Agreement Page 2 Packet Pg. 38 2.2.b 87 the use by approval of the Washington State Recreation and Conservation Office. 88 89 5. The Cities and District agree to work closely with the surrounding community 90 in the design and approval of Project development. 91 92 6. Lynnwood will serve as the project manager for design and as the 93 construction agent for the Project, for the purpose of initially incurring all expenses for all 94 elements of the construction of the joint facility, including but not limited to architect and 95 engineering fees, site development/construction fees, processing change orders, if any, 96 Washington State sales tax, and securing permits. The Project shall be constructed and 97 performed in accordance with all state and local laws, regulations, policies and standards. All 98 construction contracts shall be procured through a formal competitive bidding process consistent 99 with applicable State law. 100 101 7. The Cities and District agree that no award of a construction contract for the 102 Project will be authorized until such time as all of the parties have approved the final plans, 103 specifications and cost estimates for the Project. The District shall have final approval of 104 the Project design including materials to be used in construction. The District expressly 105 disclaims any representation or warranty that such design, plans, and specifications are 106 suited for the uses and purposes intended by the Cities. The construction contract for the 107 Project shall include reasonable warranties from the persons or entities providing labor, 108 goods or professional services to complete the Project construction. 109 110 8. Upon completion of construction of the Project, the District agrees to 111 continue to make available the Playfields to Lynnwood and Edmonds to schedule, maintain 112 and use in accordance with the 1985 ILA, attached as Exhibit B, the extension agreement 113 attached as Exhibit C, or any subsequent agreement. 114 115 9. The District and Cities agree to jointly plan for additional capital expenditures 116 for maintenance and replacement costs for the Playfields. 117 118 10. Lynnwood will form a collaborative partnership with the District, Edmonds, 119 Snohomish County, Snohomish County Tourism Promotion Area, and the State of 120 Washington Recreation and Conservation Office to fund the redevelopment of the Playfields 121 for educational, recreational, and community athletic use. 122 123 11. The District agrees to contribute capital funds in the amount of One Million 124 Dollars and zero cents ($1,000,000.00) towards the redevelopment of the two (2) 125 multipurpose fields and related perimeter backstops, safety netting and fencing, walkways 126 and ADA improvements. Payment will be made to Lynnwood as provided in Paragraph 17 127 below. 128 129 12. Edmonds agrees to contribute capital funds in the amount of Five Hundred 130 Thousand Dollars and zero cents ($500,000.00) towards the redevelopment of perimeter 131 backstops, safety netting and fencing, walkways and ADA improvements of the two (2) 132 multipurpose and three (3) softball fields, except as stated in Paragraph 15 below. Payment 133 will be made to Lynnwood on a reimbursement basis as provided in Paragraph 17 below. 134 2017 Meadowdale Playfields Development Agreement Page 3 Packet Pg. 39 2.2.b 135 13. Lynnwood agrees to contribute capital funds in an amount up to Two Million 136 Five Hundred Ninety -Seven Thousand One Hundred Fifty -Five Dollars and zero cents 137 ($2,597,155.00) towards any expenses related to the Project, except as stated in Paragraph 138 15 and 16 below. 139 140 14. Lynnwood agrees to contract, bill for reimbursements, and properly account 141 for additional Project grant funding from the State of Washington Recreation and 142 Conservation Office contribution of capital funds in the amount of $750,000, Snohomish 143 County contribution of capital funds in the amount of $200,000, and Snohomish County 144 Tourism Promotion Area contribution of funds in the amount of $100,000. No such contract 145 or other grant funding approval may impose any restriction on the Real Property without 146 the District's review, consent, and written approval. 147 148 15. The parties acknowledge that (1) the bid package for the construction of the 149 Project will include a base bid option that includes use of SBR infill material, and two 150 alternate bid options that include use of other infill material, (2) each of the Cities will have 151 an opportunity to review bids and to recommend a bid option for the Project to the District, 152 and (3) in accordance with Paragraph 7 above, the District has the authority to consider the 153 bids and recommendations of the Cities and to approve the Project's final design. If a bid 154 option that includes use of non-SBR infill material is selected, then each party that 155 recommended (in the case of the Cities) or approved (in the case of the District) such non- 156 SBR bid option shall be responsible, jointly or severally, to pay the difference between the 157 bid amount for the SBR infill material and the bid amount for the other infill material in the 158 selected bid. 159 160 16. In the event that the total cost of the Project exceeds the District's contribution 161 amount under Paragraph 11, Edmonds' contribution amount under Paragraph 12 and this 162 Paragraph 15, Lynnwood's contribution amount under Paragraph 13 above, and the grant 163 funding described in Paragraph 14, Lynnwood shall recommend value -engineering 164 solutions to mitigate the excess costs, and submit the recommendations to the District and 165 Edmonds for their respective approvals, which approvals shall not be unreasonably 166 withheld. If the value -engineering solutions do not completely mitigate any excess costs, 167 Lynnwood shall be responsible for negotiating with the District and Edmonds an addendum 168 to the Agreement for the provision of additional funds from the parties that will cover the 169 excess costs. In the event that the total cost of the Project is less than the District's 170 contribution amount under Paragraph 11, Edmonds' contribution amount under Paragraph 171 12 and Paragraph 15, Lynnwood's "up to" contribution amount of $2,597,155.00 under 172 Paragraph 13, and the grant funding described in Paragraph 14, Lynnwood shall receive the 173 benefit and shall pay less than the full $2,597,155.00 stated in Paragraph 13. 174 175 17. Lynnwood will bill the District and Edmonds for their shares of the Project 176 costs under this Agreement as follows: 177 178 17.1 Upon the award of the contract for the construction of the Project, 179 Lynnwood shall invoice the District for $500,000.00, and upon fifty percent (50%) 180 completion of the construction of the Project, Lynnwood shall invoice the District for the 181 remaining $500,000.00 owed by the District; and 182 2017 Meadowdale Playfields Development Agreement Page 4 Packet Pg. 40 2.2.b 183 17.2 Upon completion of the construction of the Project, Lynnwood shall invoice 184 Edmonds for $500,000.00 or such other amount as is due from Edmonds under Paragraph 185 15 above. 186 187 The District and Edmonds shall pay the invoiced amounts to Lynnwood within thirty (30) 188 days of the date of the respective invoices to each entity. Any undisputed amount not paid 189 by the date due shall bear interest at the rate of one percent (1 %) per month. 190 191 18. If the Cities' and District's representatives are unable to come to an 192 agreement in the administration of this Agreement and/or any dispute involving this 193 Agreement, including payment of assessments, the matter shall be referred to the Cities' 194 Mayors and the District's Superintendent for resolution within thirty (30) days' notice from 195 the Contract Administrator of the existence of a dispute. Should agreement not be reached 196 among the Mayors and the Superintendent within sixty (60) days' notice from the Contract 197 Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon 198 private arbitrator for binding resolution. In the event the parties cannot agree on an 199 arbitrator, one may be appointed by the presiding Judge of the Snohomish County Superior 200 Court, with costs of arbitration borne equally. The prevailing party shall be entitled to 201 recover reasonable attorneys' fees and costs related to said arbitration. 202 203 19. The term of this Agreement shall commence upon filing with the County 204 Auditor or upon listing the Agreement by subject on the District's web site or other 205 electronically retrievable public source in accordance with RCW 39.34.040 following 206 mutual execution (the "Effective Date") and shall expire upon Project close-out or when the 207 parties have completed all obligations under this Agreement, whichever occurs last. 208 209 20. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 210 hereby appoint the District's Executive Director of Business and Operations as the 211 "Administrator", who will be responsible for administering the District's responsibilities 212 under this Agreement and shall take such action as is necessary to ensure this Agreement is 213 implemented in accordance with its terms. 214 215 21. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 216 hereby appoint the City of Lynnwood's Parks, Recreation & Cultural Arts Director as the 217 "Administrator", who will be responsible for administering Lynnwood's responsibilities 218 under this Agreement and shall take such action as is necessary to ensure this Agreement is 219 implemented in accordance with its terms. 220 221 22. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 222 hereby appoint the City of Edmond's Parks, Recreation, and Cultural Services Director as 223 the "Administrator", who will be responsible for administering Edmonds' responsibilities 224 under this Agreement and shall take such action as is necessary to ensure this Agreement is 225 implemented in accordance with its terms. 226 227 23. This Agreement does not create a separate legal or administrative entity, and 228 consequently is being administered in accordance with RCW 39.34.030(4). 229 230 24. The parties shall maintain records necessary to carry out the purposes of this 2017 Meadowdale Playfields Development Agreement Page 5 Packet Pg. 41 2.2.b 231 Agreement in accordance with generally accepted accounting principles. Such records shall be 232 available during normal working hours for the review of the respective parties, their accounting 233 representatives or the State Auditor. 234 235 25. Lynnwood, Edmonds, and the District each respectively agree to indemnify, 236 defend, and hold harmless each of the other parties from any claims, lawsuits, costs, and 237 judgments arising as a result of their respective negligent or otherwise wrongful acts or 238 omissions, or the acts or omissions of their respective agents, employees, contractors, or 239 officials, in any way related to the Project funding, design, construction, and material selection 240 under this Agreement. The indemnification obligations of the parties are several, and not joint, 241 as to their respective negligence or breach of this Agreement. 242 243 26. This Agreement and all questions concerning the capacity of the parties, 244 execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, 245 construed and enforced in all respects in accordance with the laws of the State of 246 Washington. This Agreement has been negotiated and drafted by all parties and is not to be 247 construed in favor of any party. 248 249 27. Except as provided in the 1985 ILA, as amended, this Agreement represents the 250 entire agreement between the District and the Cities with respect to the Project. This Agreement 251 shall not be amended except in writing mutually agreed to and executed by the Cities and the 252 District. To the extent of any conflict between the terms and conditions of this Agreement and the 253 1985 ILA, this Agreement shall govern and control the rights and obligations of the parties with 254 respect to the Project. 255 256 28. Nothing herein shall be interpreted to create any right or liability with respect to 257 any person or entity not a party to this Agreement. 258 259 29. The parties are independent entities and nothing in this Agreement creates any 260 agency relationship. None of the parties to this Agreement shall be construed to be an officer, 261 agent or employee of any of the other parties. 262 263 30. All notices required to be served or given in accordance with the terms of this 264 Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre -paid, to the 265 following addresses of record, or to such persons and addresses as the respective party may 266 designate in writing in the future: 267 268 Edmonds School District #15 Executive Director of Business and Operations 20420 68th Ave. West Lynnwood, WA 98036-7400 City of Edmonds Director of Parks, Recreation and Cultural Services 700 Main Street Edmonds, WA 98020 2017 Meadowdale Playfields Development Agreement Page 6 Packet Pg. 42 2.2.b City of Lynnwood Director of Parks, Recreation and Cultural Arts Department PO Box 5008 Lynnwood, WA 98046-5008 269 270 31. This Agreement may be executed in several counterparts, all of which taken 271 together shall constitute the entire agreement between the parties hereto. If any provision of this 272 Agreement is determined to be invalid under any applicable statute or rule of law, it is to that 273 extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. 274 275 276 [Signatures on following page] 2017 Meadowdale Playfields Development Agreement Page 7 Packet Pg. 43 2.2.b IN WITNESS WHEREOF, (lie parties have executed this Agreement as orthe day and vear first whiten above. EDMONDS SCHOOL DISTRICTNO. 15 1 cr Y OF EDMONDS SLUI'G:1tlN'1'[+,NI)ENT KR }Mct)tjr,n( MAYOR DAVE EARLING APPROVED AS TO FORM: Kristine It. Wilson ur Perkins Coie LLP Attorneys for the School District CITY OF LYNNbVOOD MAYOR NICOLA SMITH ATTEST/AUTHENTICATE- Sonja Springer, Finance Director APPROVED AS TO FORM: Rosemary Larson, City Attorney B ATTEST/AUTHENTICATE: Scoot Passey, Cit), Clerk Al'f'lt()VED AS TO FORM: Office of the City Attorney Packet Pg. 44 2.2.b 277 278 279 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and 280 year first written above. 281 282 EDMONDS SCHOOL DISTRICT NO. 15 SUPERINTENDENT KRISTINE McDUFFY CITY OF EDMONDS i 1. (0. e, , r MAYOR DAVE EARLING APPROVED AS TO FORM: Kristine R. Wilson of Perkins Coie LLP Attorneys for the School District AT T/A TICATE: N Cott PassCity C k ey, A ED AS TO F Office of the City Attorney CITY OF LYNNWOOD MAYOR NICOLA SMITH ATTEST/AUTHENTICATE: Sonja Springer, Finance Director APPROVED AS TO FORM: Rosemary Larson, City Attorney 2017 Meadowdale Playfields Development Agreement Page 8 Packet Pg. 45 2.2.b 277 278 279 280 281 282 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. EDMONDS SCHOOL DISTRICT NO. 15 SUPERINTENDENT KRISTINE McDUFFY APPROVED AS TO FORM: Kristine R. Wilson of Perkins Coie LLP Attorneys for the School District CITY OF LYNNWOOD - ��MJ MAYOR NICOLA SMITH ATTEST/AUTHENTICATE: So ja Spri ger, Fi nce Director JPOVED ASLTO FORM: ljQ,Y-V.- Rosemary idrson, City Attorney CITY OF EDMONDS MAYOR DAVE EARLING ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2017 Meadowdale Playfelds Development Agreement Page 8 Packet Pg. 46 2.2.b 283 284 EXHIBIT A 285 EDMONDS SCHOOL DISTRICT NO. 15 286 Meadowdale Athletic Comylex & Playfields 287 288 Legal Description 289 Tracts 82,83, 107 and 108, Meadowdale Beach, according to plat thereof recorded in Volume 5 290 of Plats, page 38, records of Snohomish County, Washington and adjacent to vacated 68th Ave 291 West. 292 2017 Meadowdale Playfields Development Agreement Page 9 Packet Pg. 47 2.2.b r aD 293 EXHIBIT B 294 295 1985 ILA Agreement 296 w N N O N Q J Y L Cu d Cu O Cu C a 2017 Meadowdale Playfields Development Agreement Page 10 Packet Pg. 48 2.2.b RECEIVED, Is f s �bxl JUN 2 51985 L"afte Offices DEVELOPMENT/OPERATION AGREEMENT MEADOWDALE PLAYFIELD SITE WHEREAS, each of the subscribed signatbries hereto is a public agency as defined by RCW Chapter 39.34; WHEREAS, each of the subscribed signatories desire and agree to enter into a joint action and to cooperate with each other for the purpose of developing, operating, maintaining, and scheduling a recreation-site;and; WHEREAS, Edmonds School District No. 15 owns approximately twenty five (25) acres located at 66th Avenue West and 168th Street S.W., and has indicated said acres to be called "Meadowdale Playfield Site," and WHEREAS, the Cities of Edmonds and Lynnwood, Snohomish County, and Edmonds School District No. 15 have identified a need for parks and recreation sites that will accord best with geographic, economic, population, and other factors influencing the development of the local communities, and; WHEREAS; Edmonds School District has identified the need for additional athletic fields in this area to enhance the District's educational program; NOW THEREFORE, the parties do agree as follows: 1. The Edmonds School District No. 15 agrees to make the property available for development by the agencies identified in this Agreement for consideration of use of the fields for school district -sponsored educational activities. The Cities of Lynnwood, Edmonds, and Snohomish County intend to establish the responsibility of each party to this agreement for the development, operation, maintenance, and scheduling of the recreation site. 2. The drawing dated March; 1985, entitled "Master Plan," adopted by the Councils of Lynnwood and Edmonds, Snohomish County's Parks and Recreation Advisory Board and County Council, and Edmonds School District No. 15, is hereby made a part of this Agreement. The plan outlines development on the twenty five -acre site and considers future developments and scheduling of adjacent School District property: Meadowdale Elementary, Meadowdale Middle School, and Meadowdale High School. 3. The Cities, County and School District agree that no call for bids will be authorized for each phase of the construction until such 2017 Meadowdale Playfields Development Agreement Page 11 P Packet Pg. 49 2.2.b time as all agencies have approved the final cost estimate for each phase. Also that no contract shall be made until approved by all plans, specifications and award of a construction agencies. 4. The Cities, County, or School District may propose additional development plans for the recreation site after first consulting with the other parties to this Agreement concerning the feasibility of such development. The costs of preparing such development plans will be borne entirely by the initiating agency unless a written agreement to share such costs is approve by all parties prior to the incurring of any costs. Development plans for the recreation site shall be first approved by the other agencies prior to initiating construction, improvement or installation. The preparation of proposed development plans does not obligate the initiating agency to proceed with construction. 5. The Cities shall bear the costs of construction. Snohomish County will contribute $150,000 in 1984/85 and additional amounts, as is later determined. The Cities of Lynnwood and Edmonds will each contribute $120,000 per year for five years for construction of the project. 6. The City of Lynnwood will serve as the construction agent for the purpose of initially incurring all expenses for all elements of the construction of the joint facility, including but not limited to architect and engineering fees, site development/construction fees, Washington State sales tax, etc. The Parks and Recreation Director of Lynnwood will act as the Construction Administrator. The Edmonds Parks and Recreation Director will act a Construction Administrator in the absence of the Lynnwood Parks and Recreation Director. 7. The City of Lynnwood shall bill the City of Edmonds and Snohomish County for their share of the project costs in accordance with the amounts listed in Section 5. Lynnwood shall keep appropriate books and accounts covering all construction related costs for review or audit by the agencies. 8. The Cities will share equally the costs and responsibility of maintenance, and divide the maintenance and operation responsibility as each phase of the project is completed. The Cities will each account for the costs of maintenance and operation of the playfields and adjust responsibilities annually if they are not equal. The School District will pay for the costs of field preparation for the District's use. A detailed maintenance agreement will be developed after the fina•1 master plan is accepted by all cities and an agreement is reached on the phases of the project's development. 2017 Meadowdale Playfields Development Agreement Page 12 Page 2 Packet Pg. 50 2.2.b 9. If it is prudent to close or reduce scheduled use of a field because of severe adverse weather conditions or other unforeseen causes, the agencies involved shall confer and agree concerning reduced use. 10. If the Cities''Parks and Recreatibn Departments and the District's representative are unable to come to an agreement in the administration of this Agreement and/or any dispute involving this Agreement, including payment of assessments or making good on maintenance agreements, the matter shall be referred to the Cities' Mayors and the District's Superintendent for resolution. Should agreement not be reached among the Mayors and the Superintendent, the Cities and the District will each appoint an arbitrator at their respective expense. The three arbitrators will be given a designated time to arrive at a decision which shall be binding on all parties. 11. At least once a year, or upon written request of any party, this Agreement shall be reviewed by all parties' representatives for the purpose of reconsidering the equitable distribution of the responsibilities of each party. Recommendations for amendments shall be made to the Cities' Mayors and the District's Superintendent and presented to the Cities' Councils and the'School Board for approval. 12. The Cities and the District, but not the County, shall indemnify and hold harmless each of the other parties including the County, to this Agreement and their respective officers, agents and employees, from any and all loss, damage, liability or expense, including expense of litigation, resulting from any actual or alleged injury to any person or firm or to such person or firm's property, caused by or resulting from any act or omission of the party which constructs, maintains, or designs any facility or from any act or omission which occurs as a result of the use of any area or facility by the party or its guest or invitee. It is the intent of the parties that each party bear, and indemnify the other parties, from all claims, costs or loss which relate to that particular party's use, the use of its guests or invitees and the party's design, construction, or maintenance of any area or facility. Joint use, design, construction or maintenance shall result in indemnification by such parties of all parties not participating in such- joint use, design, construction or maintenance. Participation by any party by the payment of funds alone under this Agreement shall not be "used" for the purposes of this paragraph. It is the stated intent of the parties that the County's liability under this contract be limited to the amount of its monetary contribution and that the County shall be liable for no other cost, charge, claim or liability of any kind. 13. The Cities and the District shall agree on a set of policies 2017 Meadowdale Playfields Development Agreement Page 3 Page 13 Packet Pg. 51 2.2.b for use of the facilities. procedures for the fields. Attached in Appendix "A" are policies and 14. Each agency, in the use of the areas and facilities shall be responsible for the damage caused by the acts of its officers, agents, employees, guests, invitees," or visitors that use the facilities, not to include normal wear and tear. The costs or repairs or replacement due to vandalism will be shared equally by the Cities. 15. The Cities may assess and collect fees from participants for any activity held on the site. Edmonds and Lynnwood will agree on a schedule of fees and charges annually. 16. The Cities or District will furnish and supply all expendable materials necessary for carrying on their activity at the facility. 17. Scheduling procedures: A. The Cities will jointly schedule use of the site with each agency receiving equal time for scheduling community programs. Schedules will be coordinated to assure maximum use of the facility. B. Scheduling will be based on three seasonal time periods, i.e., Winter - January through March; Spring/Su�-mner - April - August; and Fall - September through December. C. School District programs will receive priority use of the site during the normal school year (September through May), up to 6:00 p.m., Monday through Friday. Scheduling of school programs after 6:00 p.m. will be coordinated with other community programs. D. Actual scheduling procedures, i.e., field use applications, rental fees, scheduling dates, supervision of activities, group priorities, etc., will be jointly developed and coordinated by staff from both Cities. E. The District will not pay field rental fees for its use of the facilities for educational purposes. The District will be assessed for field lighting costs and field preparation done by the Cities' maintenance crews (lining, dragging, placement of bases, etc .) . F. The Cities and the District will maintain records that will 2017 Meadowdale Playfields Development Agreement Page 4 Page 14 Packet Pg. 52 2.2.b make clear the lines of responsibility and liability of the scheduling agencies. 18. This Agreement.shall be in effect for forty. (40) years from this date or until terminated by a majority vote of the parties, except as provided for in 18.c., or mutually amended in writing in the same manner as this agreement was executed. a. Should either of the Cities or the County unilaterally wish to withdraw from this Agreement, they shall do so only after having given the other parties written notice of intent to terminate at least one hundred eighty (180) days prior to such action. b. Unilateral withdrawal from this Agreement gives the withdrawing party no rights to recover any portion of its investment in the site or to use any portion of the site. Ownership of any improvement other than portable equipment items shall be vested in the District subject to such rights as shall be agreed upon in writing prior to the initiation of such improvements. C. If the District terminates this Agreement before its full term, the District will give the Cities and the County one hundrec? eighty (180) days notice of its intent and will reimburse the Cities and the County for the amortized value of the development costs and costs of improvements. Value shall be calculated by using the formula: Years Agreement in Force X Replacement Value of All project 40 costs at the time of termination. 19. If a negative Declaration for Environmental Impacts is not approved, and conditions or mitigations are imposed in accordance with the State Environmental Protection Act that would impose greatly increased costs not anticipated by this Agreement, any party may withdraw from this Agreement without penalty. 2017 Meadowdale Playfields Development Agreement page 5 Page 15 Packet Pg. 53 2.2.b r�l 20. If any action, subsection, sentence, clause, or phrase of this Agreement is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining portions of this Agreement. This Agreement shall be filed with the City Clerks, Snohomish County Auditor, and the Secretary of State. DATED this 5th day of June 1985.. CITY OF EDMONDS: CITY OF LYNNWOOD: May�7cf Lynnwood EDMONDS SCHOOL DISTRICT NO. 15 S44#.ntendentj of schools SNOHOMISH COLT iHOidAa - n..SflN cE, ,.scurIVE ty Execarive �'( "-, -�' y� 4L l 2017 Meadowdale Playfields Development Agreement Page 16 5 1989 Page 6 Packet Pg. 54 2.2.b APPENDIX A MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS JANUARY, 1985 1. Alcoholic beverages and drugs are prohi.bited"at the complex, and smoki is prohibited on the playing fields. 2. No golfing is permitted on the site unless approved by the Parks and Recreation Department. 3. Motorized vehicles are to be parked only in designated parking areas a are prohibited on the fields. 4. Pets must be on leash at all times except as may be permitted for spec events approved by the Parks and Recreation Department. 5. No person shall engage in the sale of merchandise or services or operc a concession without approval of the Parks and Recreation Department. 6. No person shall mutilate, deface, or damage any facility improvements. _ All litter shall be disposed of in designated receptacles. 7. Youth organizations will not be permitted to utilize the facilities without adequate adult supervision at all times. 8.- All organizations, groups, and/or Individuals utilizing the faci l i ti e: must leave them in satisfactory condition. Failure to do so will rest in additional maintenance costs charged to the organization, group, of individuals responsible for additional clean-up. 9. The Parks and Recreation Department reserves the right to cancel any facility use permit for just cause or to amend the procedures set fors In this document at any time. ' 10. The Parks and Recreation Department is not responsible for accidents, injuries, or loss of property. 11. Misuse of park facilities or failure to conform with these regulation: will be sufficient grounds for immediate permit suspension and/or den - of future applications. 12. The groups using the facilities agree to hold harmless the cities of Edmonds and Lynnwood, Edmonds School District, and Snohomish County fc and against any and all claims for damages resulting from death, persc injury, or property loss or damage suffered or claimed to have been suffered by any person whatsoever and rising out of any act or omissic of an applicant and/or its agents during use of facilities. 13. Umpires and/or referees, shall be the final authority for governing behavior during scheduled activities. 2017 Meadowdale Playfields Development Agreement Page 17 Packet Pg. 55 2.2.b MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS Page 2 14. Anyone whose action jeopardizes safety or engages in abusive or belligerent behavior will be disqualified from play and barred from the facility. 15. The Facility Supervisor is -responsible for the total operation of the complex and makes the final decisions regarding facility use. MD/kw 0829R . 2017 Meadowdale Playfields Development Agreement Page 18 Packet Pg. 56 A I Lt 2.2.b A s 2.2.b 297 298 299 300 EXHIBIT C Lynnwood — District ILA Extension 2017 Meadowdale Playfields Development Agreement Page 20 Packet Pg. 58 2.2.b Return Name & Address III Il llltlll �BI�� NIIYI IIII�II�I Document Title(s) Reference Number(s) of Related Document(s) Grantor(s) Grantee(s) Additional Reference #'s on Page Additional Grantors on Page _ Additional Grantees on Page_ Legal Description (abbreviated form: ie Lot/Block/Plat or Section/Township/Range) Assessor's Property Tax Parcel/Account Number Complete Legal on Page Additional Parcel #'s on Page _ The Auditor/Recorder will rely on the information provided on this form. The responsibility for the accuracy of the indexing information is that of the document preparer. 2017 Meadowdale Playfields Development Agreement Page 21 Packet Pg. 59 2.2.b EXTENSION OF INTERLOCAL AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT and THE CITY OF LYNNWOOD MEADOWDALE PLAYFIELDS This Extension of Interlocal Agreement ("Agreement"), dated as of 101--- 71�&, , 2012, is made and entered into by and between EDMONDS SCHOOL DXrRiCT NO. 15 ("School District") and THE CITY OF LYNNWOOD ("Lynnwood"). RECITALS WHEREAS the School District and Lynnwood desire to terminate all interlocal agreements between the School District and Lynnwood with respect to rights and obligations for Lynnwood's use of the fields and amenities at former Lynnwood High School, located at 3001 184th Street SW, Lynnwood, WA 98037-4701 ("Former LHS Agreements"); and WHEREAS the School District, Lynnwood, the City of Edmonds ("Edmonds") and Snohomish County (the "County") entered into a Development/Operation.Agreement Meadowdale Playfields dated June 5, 1985 ("1985 Meadowdale ILA") which pertains to the approximately 25 acres of real property owned by the School District and located at 66th Avenue West and 168th Street S.W., legally described on Exhibit A ("Meadowdale Playfields"), which agreement has a current term through June 5, 2025; and WHEREAS, to forever resolve all outstanding issues between Lynnwood and the School District arising from or related to the Former LHS Agreements, the School District and Lynnwood desire to extend Lynnwood's rights and obligations at Meadowdale Playfields for an additional 40 years beyond the expiration of the current 1985 Meadowdale ILA and contemporaneously terminate, by separate agreement, the Former LHS Agreements; and WHEREAS both the School District and Lynnwood desire to maintain cooperative, collaborative programs and relationships with Edmonds with respect to Parks and Recreation and other issues of interest to their respective constituents; and WHEREAS Lynnwood has expressed a desire to expand Lynnwood's rights and obligations at Meadowdale Playfields to include the rights and obligations of Edmonds under the 1985 Meadowdale ILA, either at the time Edmonds' rights expire under the 1985 Meadowdale ILA or sooner if possible; and 00358-0835/LEGAL23609131.3 -1- 2017 Meadowdale Playfields Development Agreement Page 22 Packet Pg. 60 2.2.b WHEREAS the School District will not guarantee the outcome but agrees to pursue discussions with Edmonds to provide Lynnwood with exclusive use of the Meadowdale Playfields when not needed for school purposes by the School District, all as set forth in this Agreement. NOW, THEREFORE, the School District and Lynnwood hereby agree as follows: 1. PURPOSE The purposes of this Agreement are to: (a) extend, as modified by this Agreement, Lynnwood's use rights and obligations with respect to use of the Meadowdale Playfields under the 1985 Meadowdale ILA by forty (40) years, (b) allow Lynnwood to assume additional use rights and obligations at the Meadowdale Playfields site if Edmonds ceases its use (currently anticipated to occur in 2025 when the 1985 Meadowdale ILA expires as to Edmonds, and potentially sooner if Edmonds desires to terminate its use of the Meadowdale Playfields sooner), and (c) establish cost sharing principles between the School District and Lynnwood regarding potential future redevelopment of the Meadowdale Playfields. 2. CONTRACT ADMINISTRATOR 2.1 Pursuant to RCW 39.34.030(4)(a), to the extent a matter is not governed by the 1985 Meadowdale ILA, the School District and Lynnwood hereby appoint the School District's Executive Director of Business and Operations as the "Contract Administrator", who will be responsible for administering this Agreement, and at the direction of the parties, shall take such action as is necessary to ensure this Agreement is implemented in accordance with its terms. 2.2 This Agreement does not create a separate legal or administrative entity, and consequently is being administered in accordance with RCW 39.34.030(4), as provided in paragraph 2.1. 3. REAL AND PERSONAL PROPERTY 3.1 The School District owns the real property that is the subject of this Agreement. This Agreement does not contemplate the transfer of ownership of the Property nor to limit the School District's ability to comply with its statutory obligations regarding the use and disposition of school property pursuant to RCW 28A.335. 00358-0835/LEGAL23609131.3 -2- 2017 Meadowdale Playfields Development Agreement Page 23 Packet Pg. 61 2.2.b 3.2 The parties will not, during the term of and pursuant to this Agreement, jointly acquire or hold any property (real or personal) with regard to the Meadowdale Playfields; provided that the parties may make available to each other, as a matter of convenience, athletic equipment and other personal property normal and incident to the use of the Meadowdale Playfields. In the event that any such personal property items are shared, the parties shall maintain records indicating the nature and quantity of the items shared. Ownership and maintenance of any such personal property items shall remain with the party who purchased the personal property item. 3.3 By operation of this Agreement, Lynnwood does not acquire any ownership interest in and disclaims any interest to the Meadowdale Playfields, which is and will remain the School District's property. 4. EXTENSION, DURATION AND TERMINATION 4.1 The School District and Lynnwood hereby extend the term of the 1985 . Meadowdale ILA, as between themselves only as set forth herein, to June 5, 2065. 4.2 The term of this Agreement shall commence upon filing with the County Auditor or upon listing the Agreement by subject on the School District's web site or other electronically retrievable public source in accordance with RCW 39.34.040 following mutual execution (the "Effective Date") and shall expire on June 5, 2065. 4.3 As between the School District and Lynnwood with respect to any new capital investment by Lynnwood in the Meadowdale Playfields made after the Effective Date of this Agreement not joined in by Edmonds under the 1985 Meadowdale ILA, provided that such investment in the Meadowdale Playfields shall first have been reviewed and approved in writing by the School District, Lynnwood's refund under Section 18(c) of the 1985 Meadowdale ILA shall be calculated as follows: Years this Extension AP weement remains in Force 53 X Replacement value of Project Construction Cost at Time of Termination. 5. NEGOTIATIONS TOWARD LYNNWOOD EXCLUSIVE USE RIGHTS AT MEADOWDALE PLAYFIELDS DURING NON -SCHOOL HOURS 5.1 This Agreement does not amend the 1985 Meadowdale ILA, except to (a) extend the term stated in Paragraph 18 for an additional forty (40) years until June 5, 2065, and (b) amend the scheduling stated in Paragraph 17. However, the School District shall engage in good faith negotiations with Edmonds toward moving Edmonds' scheduling and use of the Meadowdale Playfields to other fields when the current 00358-0 935/LEG AL23609131.3 -3 - 2017 Meadowdale Playfields Development Agreement Page 24 Packet Pg. 62 2.2.b Meadowdale ILA expires in 2025 or earlier, and to thereafter provide Lynnwood with exclusive use rights and obligations at the Meadowdale Playfields site during non - school hours as set forth in this Section 5. Lynnwood acknowledges (a) the School District cannot guarantee any particular outcome with regard to negotiations with Edmonds regarding the termination of Edmonds' use of the Meadowdale Playfields prior to 2025, and (b) this Section 5.1 does not require the School District to exercise its termination rights under Section 18(c) of the 1985 Meadowdale ILA to secure any such cessation of Edmonds' Meadowdale Playfields scheduling or use. 5.2 In furtherance of this Section 5, Lynnwood and the School District will jointly request review of the 1985 Meadowdale ILA to seek exclusive non -school use and scheduling rights for Lynnwood if and as soon as Edmonds concurs, as follows: (a) The School District will continue to have priority use of the Meadowdale Playfields during school hours as described in the 1985 Meadowdale ILA. (b) If and when Edmonds terminates its use rights at the Meadowdale Playfields, Lynnwood shall 1. assume Edmonds' future use rights and obligations during non - school hours, and thereafter have exclusive use and scheduling rights at the Meadowdale Playfields, except for the School District's priority use rights during school hours as described in the 1985 Meadowdale ILA; and 2. assume full responsibility for the maintenance, operation, repairs, and restoration of the Meadowdale Playfields site as described in the 1985 Meadowdale ILA. Notwithstanding such amendment, in accordance with section 17(e) of the 1985 Meadowdale ILA, the School District will not pay fees for its use of the Meadowdale Playfields site for educational purposes, but the School District will be assessed for field lighting costs and field preparation done by Lynnwood's maintenance crews (lining, dragging, placement of bases, etc.). 5.3 The City's scheduling periods under Section 17(c) of the 1985 Meadowdale ILA are revised as follows: Field M-5 -City of Lynnwood scheduling starts at 5:30 p.m. Fields M-lthrough 4- City of Lynnwood scheduling starts at 5:00 p.m. 003 58-0835/LEGAL23 60913 1.3 -4- 2017 Meadowdale Playfields Development Agreement Page 25 Packet Pg. 63 2.2.b with the understanding that the School District has the right to work with the City to make special scheduling arrangements on those occasions when the District's use of the fields need to extend beyond those start times. 6. DEVELOPMENT PLANS FOR MEADOWDALE PLAYFIELDS 6.1 The School District agrees to pay one-half of the cost (subject to section 6.2 and applicable budgeting and other applicable legal requirements) of master planning the redevelopment of Meadowdale Playfields at a future mutually -agreeable date, should Lynnwood wish to consider realigning the fields on the Meadowdale Playfields property along with any other site improvements. The School District's role in sharing the cost of the master planning effort, if it occurs, is due to the School District's continued ownership of the property and the School District's interest in continued access to and school use of the fields, as well as parking and driveways at the Meadowdale Playfields as event overflow parking and parent drop-off/pick-up for Meadowdale Elementary and Meadowdale Middle Schools. 6.2 Upon notice to the School District given on or before May 1 and including an estimate of the School District share of anticipated costs, for work that cannot be billed to the School District until the following September, Lynnwood shall have the right to initiate and take the lead on the master planning and site design and redevelopment process under this Section 6. As the owner of the Meadowdale Playfields property, the School District must approve of any redevelopment of the property, which the School District may grant, deny or condition in its sole discretion. The preparation of and agreement to pay for master planning costs does not obligate either party to proceed with construction or redevelopment. 6.3 The School District cannot guarantee but may be willing to share the costs of redevelopment of the Meadowdale Playfields, but only to the extent that the School District derives an educational benefit from such redevelopment (which the School District anticipates may be limited to benefits of the location, function and accessibility of the parking/driveways as noted in section 6.1, and perhaps the redesign of the fields). 7. MISCELLANEOUS 7.1 This Agreement together with the 1985 Meadowdale ILA represents the entire agreement between Lynnwood and the School District with respect to the Meadowdale Playfields. This Agreement shall not be amended except in writing mutually agreed to and executed by Lynnwood and the School District, and the 1985 Meadowdale ILA shall not be amended except in writing in the same manner as that agreement was executed by all parties thereto. 00358-08351LEGAL2360913 1.3 -5- 2017 Meadowdale Playfields Development Agreement Page 26 Packet Pg. 64 2.2.b 7.2 This Agreement and all questions concerning the capacity of the parties, execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement has been negotiated and drafted by all parties and is not to be construed in favor of any party. 7.3 Nothing herein shall be interpreted to create any right or liability with respect to any person or entity not a signatory to this Agreement. 7.4 The parties are independent entities and nothing in this Agreement creates any agency relationship. None of the parties to this Agreement shall be construed to be an officer, agent or employee of any of the other parties. 7.5 In the event of a dispute between the parties arising under this Agreement, the Superintendent of the School District and the Mayor of Lynnwood shall meet to attempt to resolve the dispute within thirty (30) days notice from the Contract Administrator of the existence of a dispute. In the event the Superintendent and the Mayor are unable to resolve the dispute within sixty (60) days notice from the Contract Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon private arbitrator for a binding resolution. In the event the parties cannot agree on an arbitrator, one may be appointed by the Presiding Judge of the Snohomish County Superior Court, with costs of arbitration borne equally. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs related to said arbitration. 7.6 All notices required to be served or given in accordance with the terms of this Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre- paid, to the following addresses of record: Edmonds School District #15 City of Lynnwood Executive Director of Business and Director of Parks, Recreation and Cultural Operations Arts Department 20420 68`l' Ave. West PO Box 5008 Lynnwood, WA 98036-7400 Lynnwood, WA 98046-5008 7.7 Any address changes shall be given to the other parties in writing. 7.8 This Agreement may be executed in several counterparts, all of which taken together shall constitute the entire agreement between the parties hereto. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. If and to the extent reasonably required or desirable to 00358-0835/LEGAL236091313 -6- 2017 Meadowdale Playfields Development Agreement Page 27 Packet Pg. 65 effectuate the terms of this Agreement, each party shall execute and deliver to the other or third parties involved in issues pertaining to the 1985 Meadowdale ILA such other and further documents, instruments and assurances as such other or third parry may reasonably request, provided that neither party to this Agreement may be thereby required pursuant to this sentence to undertake additional financial or other obligations. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. EDMO SCHOOL DISTRICT NO. 15 Approv d as t orm: I� NICK SSOIT ED. D. Perkins Coie LLP SUPERINTENDENT Attorneys for the School District DATE; 'a DATE: ✓�''-CatY/Z— Approved as to form: Lk-11— of Inslee, 0est, Doezie & Ryder, P.S. Attorneys or the City 00358-0835/LEGAL23609131.3 -7- 2017 Meadowdale Playfields Development Agreement Page 28 Packet Pg. 66 2.2.b EXHIBIT D Project Overview Project Location: 16700 66th Avenue West (27 acres) Background • 27-acre athletic facility developed in 1990, located in Lynnwood • Property owned by Edmonds School District • City operates and maintains the facility, and shares use with District and City of Edmonds • Interlocal Agreement gives City use of the facility through 2065 Community Need • Only athletic facility in Lynnwood since loss of athletic complex at Lynnwood High School in 2009 • Increased demand for athletic fields in Lynnwood • Facility is 26 years old - need to improve soccer fields and softball complex • Fields are not playable in their current condition, expensive to maintain • League and tournament reservations have declined, fields remain unused during much of the year Proposed Project • Soccer fields — replace existing dirt soccer fields with all-weather surfacing to create multipurpose fields for soccer, lacrosse, and youth baseball. • Softball Complex — install all-weather turf on softball infields, and increase height of fencing and backstops. • Improvements would: -4, provide year-round play with turf fields -3, bring new team sports to MP (lacrosse, youth baseball, girls fast pitch) increase opportunities for youth and adult participation in team sports increase opportunities for outdoor recreation Community Partners City of Lynnwood, City of Edmonds, Edmonds School District, Washington State Recreation & Conservation Office, Snohomish County, and Snohomish County Tourism Promotion Area Total Project Cost Estimate (value -engineered) a $4,740,000 (base -bid infill) SECURED Funding • $2,597,155 • $1,000,000 • $ 750,000 • $ 500,000 • $ 200,000 • $ 100,000 $5,147,155 City of Lynnwood 2014 ESD Bond RCO (Local Parks & YAF) City of Edmonds Snohomish County TPA Exhibit D: Page 1 2017 Meadowdale Playfields Development Agreement Page 29 Packet Pg. 67 2.2.b Project Schedule ■ December 13 Project Community Open House • January 25 Project Stakeholder Open House • January 30 Council Briefing ■ January — March Final Design • March 30 Construction Ad ■ April - May Bid Opening & Notice to Proceed • June — November Construction ■ December 31 Construction Complete and Project Closeout If MEADQ111rDALE PLAYFIELDS 27 Acres 16700 66th Ave W Exhibit D: Page 2 2017 Meadowdale Playfields Development Agreement Page 30 Packet Pg. 68 2.2.b A H Exhibit D: Page 3 2017 Meadowdale Playfields Development Agreement Page 31 Packet Pg. 69 2.2.b 305 306 EXHIBIT E 307 National Park Service Agreement & 6f Boundary Map 308 309 310 2017 Meadowdale Playfields Development Agreement Page 32 Packet Pg. 70 2.2.b • •UMB No. 1024-0033 09/30/84 UNITED STATES DEPARTMENT OF THE INTERIOR ; p NATIONAL PARK SXRVICB ; Land and Water Conservation Fund Project Agreement =s s c r State Washington Project Number 53-00594 . c c c Project Title Meadowdale Playfields Project Period r,`:J frla5 Project Stage ALL o to June 30, 1991 Covered kX this AZEeemcnt s i s Project Scope (Description of Project) i s This project involves the further development of the existing'Meadowdale Playfield complex. <, Z Project Cost The following are hereby incorporated into this agreement: Total Cost S 390,000 Fund Support not 1. General Provisions (LWCF Manual) to exceed 50% Fund Amount $ 150,000 2. Project Application and Attachments. Cost of this Stage $ 390,000 3. Assistance this Stage $ 150,000 4. RIPS 10-90 2 2017 Meadowdale Playfiel¢Opment Agreement (7-81) Page 3 Packet Pg. 71 2.2.b The United States of America, represented by the Director, National Park Service, United States Department of the Interior, and the State named above (herinafter referred to as the State), mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund act of 1965, 78 Stat. 897 (1964), the provisions and conditions of the Land and Water Conservation Fund Grants !Manual, and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto or retained by the State and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the State herein, to obligate to the State the amount of money referred to above, and to tender to the State that portion of the obligation which is required to pay the United States' share of the coats of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the United States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: In witness whereof, the parties hereto have executed this agreement as of the date entered below. THE ITED S ATES OF A!M= A STATE f by -� --.-WASHINgTON By (Signature) Signature) National Park Service United States Department of the Interior Date NPS 10-902 (7-81) — - - - RQ5ERJ L. WMER (Name) QjrCctgr (Title) 2017 Meadowdale Playfields Development Agreement Page 34 Packet Pg. 72 ACC43 • UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL P:.RK SERVICE 2.2.b r N N STATE Washington 7 (53) Project Amendment 4 a� No. 53-0059.I � AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT To Project Agreement No.86-0450is hereby made and agreed upon by the United States of America, acting through the Director of the National Park Service and by the State of Washington pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above mentioned agreement is amended by adding the following: the project cost is increased by $390,000 ($150,000 LWCF/$240,000 local). Project scope is increased to allow for additional development of the Meadowdale Playfield complex. With this amendment the total project cost is $780,000 ($300,000 LWCI= and $4+80,000 local), In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. THE UNITED STATES OF AMERICA / STATE Washington Signature) (State) CF EF, DIVISION Hy (Title) signature) National Park Service ROBERT L. WILDER United States Department of (Name) the Interior Date t 1986 Director NPS 10-902a ( 7—B 1) 2017 Meadowdale Playfields Development Agreement Page 35 (Title) Packet Pg. 73 n dPF F] 2.2.b � 5•s o a { _ 1 �13 a77 t H S �L le •• son �� rw�� , KO ` .l1 LIl 7-11 Ll.OY I 1 sr rr ii a d� h� 3 y • Rj . - q r f 0 y h L�L7� = � Y � • e i Y u q N :[ i Z Y •• � •J 9 h W � 1 • o a N n- -7r 2.3 City Council Agenda Item Meeting Date: 07/12/2022 Parks, Recreation, Cultural Arts & Human Services Department - Q2 Report Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser This is an update of the Parks, Recreation, Cultural Arts & Human Services (PRCAHS) Department's accomplishments to the Parks & Planning Board for the months of April through June of 2022. Attached is a more detailed list of the department's work for the three months. Highlights for 2022 2"d Quarter (additional items found in attached Accomplishment List) 1. 2022 Parks, Recreation & Open Space (PROS) Plan: numerous meetings with City Council to discuss draft revisions from their feedback and suggestions. Approval occurred on June 28tn 2. Civic Playfield Park Project: Construction continues with many park elements and amenities now taking form on the site. Off -site stormwater mitigation project adjacent to Yost Park is in preparation for bidding with construction slated for this summer. 3. Park Planning: Parks Maintenance greenhouse variance approved and construction drawings in development; Yost Pool Replaster project completed and closed out. Parks Planner/Project Manager position recruited and hired, new employee to start July 18th. Managed a $2.9M estate donation for Beautification program. Continued work on other possible parkland acquisitions. Salmon Safe certification draft report reviewed by city staff and Planning Board. Yost Park bridge assessment completed for one failing structure. 4. Parks Maintenance: Maintenance Operations Assessment shared with all parks maintenance staff, next steps are to being implementation. Increase maintenance support of Yost pool due to 7 days/week operations by Cascade Swim Club; City Park Spray Park prepared and open Memorial Day weekend, Yost and Seaview Park pickleball/tennis courts power washed, several new nets and standards installed; about 100 flower hanging baskets installed downtown for the season; Bill Anderson viewing scope installed at Edmonds Marsh. Many hours on seasonal and full-time staff recruitment, interviews, hiring and on -boarding. 5. Recreation and Cultural Services Programs: Q2 Permits - 270 shelter permits, 1,550 field rental hours and 160 gym rental hours. Major events included Earth Day (April 23rd), Watershed Fun Fair (May 14tn) and Health & Fitness Expo (May 21't). Programming included NEW weekly Summer Day Camp and 24 contracted youth camps; Adult Softball (51 teams) and Pickleball (48 teams) Leagues and new fitness classes; and 2,500 participants in the K-6 Marine Education program. 6. Arts & Cultural Division Installation of two temporary On the Fence exhibits, Write on the Sound conference development and maintenance of public art sculptures. Continued management of Packet Pg. 76 2.3 two public art projects; Floretum Garden Club mosaic sculpture and Civic Park art pieces. Managing 19 summer concerts (one at new location of Hickman Park) and Uptown Market entertainment. Successful grant award for 4t' Avenue Cultural Corridor design. Awarded $13,500 of Create Grants and recommendations for $20,000 Tourism Promotion awards. Supported Hwy 99 Gateway design project. 7. Human Services Division: Hired and onboarded Compass Health Community Transitions Outreach Coordinator. Assisted with ARPA funding ordinance revision to provide funding to people receiving DSHS services. Created a part time workspace in the FAC Human Services office for South Snohomish County Community Resource Advocate. Received Council authorization to increase Program Manager to full-time. Updated Human Services Resource Guide on City's website. Continuing to work with Snohomish County to enhance shelter in South County; coordinated services for 49 individuals including emergency shelter and permanent housing and ongoing oversight of five long-term motel vouchers. Staff Recommendation This agenda item is for informational purposes, there is no need for a formal recommendation or action. Attachments: PRCS 2022 Q2 Accomplishments Packet Pg. 77 2.3.a Parks, Recreation, Cultural Arts & Human Services Department 2022 Quarter 2 Accomplishments April 1 - June 30, 2022 Administration 1. PROS Plan several presentations to City Council for their review and incorporation of their suggested revisions. Approval was achieved on June 281n 2. Recruited and hired new Parks Planner/Project Manager, Kyle Woods, who is scheduled to start on July 181n 3. Completed sale and contracts for 12 memorial benches and 1 picnic table. 4. Finalized 3 concessions agreements (Popsicle Vendor, Shaved Ice Vendor and Yost Pool year-round operations) 5. Finalized special event agreements for the 41" of July Parade & 5K, Taste Edmonds, and Classic Car Show. Contracts authorized by City Council for 2022. 6. Managed partnership with the Blue Heron Canoe Family's expanded special event in City Park. 7. Facilitated and provided City oversight for the Summer Market and Edmonds Arts Festival. 8. Facilitated donation acceptance for significant donation to Parks for $2.9M. 9. Working with Police Department regarding a repeat healthy and safety vandalism issue at the Olympic Beach restroom. 10. Working with Development Services Department on Hwy 99 Revitalization, Redefining Streets & Public Spaces Design and Green Streets projects. 11. Developed system to accommodate access for city's board and commission public meetings to enable the continuation of remote meetings using rooms at the Waterfront Center. 12. Developing working relationship with Edmonds College Horticulture program for potential specialized park maintenance projects. 13. Participated in Public Works and Community Services/Economic Development Director interviews. Parks Planning & Projects 1. Yost Pool Re -Plaster Project completed and closed out. Not full replastering, but an approach of significant patching. Unfortunately, the first option was cost prohibitive, but since this is the third time the pool was only patched, it will require full replastering. 2. Civic Center Playfield construction project is proceeding well. Much of the underground infrastructure, dewatering and rough site grading is complete and park amenities are starting to take form such as the skate park, athletic field lighting bases, inclusive playground forms. The sports courts are paved as well as 6t" Avenue sidewalk poured. Packet Pg. 78 2.3.a 3. Shared the Parks Maintenance Assessment with all maintenance staff in April. Working on starting implementation. 4. Parks Maintenance Greenhouse variance approved by Hearings Examiner. Construction Documents being finalized and permitting development started. 5. Draft Salmon Safe Certification report was reviewed by city staff and also presented to Planning Board. Additional work requested by Planning Board which is being completed by both consultant, Public Works and Parks Departments. 6. Yost Park bridge structural assessment completed for failing potentially failing bridge. Recommendation is to monitor for remainder of summer and close for the fall/winter rainy season. 7. Dayton Street street trees (10) removal and replacement, working on not using metal grates but pervious surface instead. Park Maintenance 1. Significant increase to Yost Pool maintenance operations with Cascade Swim Club scheduling using it 7 days a week. Pool chemical checks are necessary on Saturdays and Sundays to ensure pool safety. Cascade Swim Club has been very helpful and supportive in maintenance efforts, providing volunteer work parties to assist in preparing for the full opening of the pool. 2. City Park Spray Park prepared and opened the Friday before Memorial Day. Spray Park will close in September depending on weather. 3. Installed an additional ADA parking stall at Marina Beach Park near the dog park entrance. 4. Pressure washed Yost Park and Seaview Park pickle ball / tennis courts. 5. On June 2" d, nearly 100 hanging flower baskets were installed in the downtown area. 6. Significantly trimmed back invasive blackberries for almost a linear mile of the Interurban trail to increase safety. 7. Installed the new Bill Anderson Viewing Scope at Edmonds Marsh on the west end of the board walk. Unfortunately, it was vandalized within days of installation and the Ribbon Cutting ceremony needs to be postponed until the dedication plaques are replaced. 8. Many hours spent on seasonal and full-time staff recruitment, interviews, hiring and on -boarding. Still only 50% on seasonal staff due to hiring challenges. Recreation Division 1. 270 shelter rental permits issued since April, 400 permits total. 2. 1,550 hours of field rental permits issued since April, 3,250 hours total. 3. 160 hours in gym rental reservations since April, 460 hours total. 4. Planned and implemented the annual Health & Fitness Expo — May 2111 at Edmonds Woodway High School Stadium sponsored by the Verdant Health Commission and in partnership with Move60 and the Edmonds School District. Participation numbers: a. 500+ members of the public in attendance b. 33 vendors promoting health/wellness and fitness for all ages Packet Pg. 79 2.3.a c. 131 Fun Run Runners (all ages) d. 29 schools represented by participants (24 in Edmonds) e. 16 zip codes represented by participants 5. Successfully planed, advertised, enrolled, hired staff and kicked off a new Summer Day Camp. Current enrollment numbers: a. 304 total enrollments out of 320 possible spots (94%) b. 38% of participants are on full scholarships based on having limited income (115 scholarships) this is made possible due to the SEEK grant that was acquired. 6. Launched Meadowdale Preschool AM and PM registration 2022-23 deposits to secure a spot were filled in 20 minutes. 7. Planned and coordinated 24 contracted youth camps at the Frances Anderson Center for Summer 2022. 8. Successfully completed Spring Adult Softball Leagues with 51 teams. 9. Successfully completed 2 Pickleball leagues with 48 total teams. 10. Added two new fitness classes; Yoga in the Park and Barre. 11. Completed indoor gymnastics classes and started indoor gymnastics camp for the first time since 2019 (all were outdoors during COVID). Hiring staff is an ongoing challenge. 12. Designed and published the Summer 2022 CRAZE recreation guide. This guide was done entirely online. 13. Established a Constant Contact account and currently have 7,011 contacts. Regular email contact to customers will begin in July. 14. Increased Facebook followers by 11%to 1,165 and Instagram followers by 6%to 800. 15. 52% increase in Facebook post engagements have increased from 1,123 in March to 1, 710. Environmental Education 16. Managed a large volunteer effort on Earth Day, April 23 that included four sites and 120 participants. Trees were planted, invasive plants removed and as well as litter collected at beaches. 17. Planned and held the Watershed Fun Fair on May 14; an environmental education day that is free to attend at the Hatchery. 240 people participated, a new record. 18. Reached 2,500 school kids through the K-6 Spring Marine Education Program. Arts & Culture Division 1. Public Art Collection: arranged for maintenance of four public art sculptures; completed Civic Art design contract and signed fabrication contract with artist Clark Wiegman. Supervised installation of two new 2022 temporary On the Fence exhibits. Completed updates of Public Art Database. 3 Packet Pg. 80 2.3.a 2. Public Art Donations: Worked with Floretum Garden Club on donated public art mosaic sculpture commission and plaque to be installed Aug 15. Arts Commission accepted two donations of 2D art by Edmonds artists. 3. Write on the Sound (WOTS) Conference: Finalized schedule of presenters for Write on the Sound writers' conference in October 2022. Implemented marketing and preparations for online conference registration. 4. Summer Concerts: Marketed 19 Concerts in the Parks scheduled for summer 2022, with the first two on June 26 and July 3, and one new location for a Sunday concert at Hickman Park. Assisted with Uptown Market music performance program. 5. Poet's Perspective: Implemented new program with installation of temporary poetry exhibited in two areas of Edmonds, the new Neighborhood Office and outside the Library. 6. Exhibits: Restarted rotating art exhibits in Library and display cases which were on hold during past 2 years. 7. Arts Support grant programs: Advertised and awarded $13,500 of Create Grants to local artists and nonprofit arts organizations as carry over of 2021 one-time program. Reviewed applications and submitted recommendations for 2023 Tourism Promotion Awards for arts nonprofits totaling $20,000 to the Lodging Tax Advisory Committee. 8. Creative District: Worked with Economic Development to create window clings for Creative District businesses. Received approval of grant for Creative District capital grant for final section of 4t" Avenue Cultural Corridor concept design in partnership with Edmonds Center for the Arts. 9. Coordinated information booth and created materials to distribute on City Arts programs at Edmonds Arts Festival. 10. Highway 99 Gateway: Worked with PW team and consultants to confirm final design for medians. Human Services Division 1. Completed hiring and onboard training of the Compass Health Community Transitions Outreach Coordinator and Compass Health Masters of Social Work Supervisory team. 2. Coordinated services for 49 individuals to include gaining emergency shelter for 1 individual, permanent housing for another individual and coordination with Adult Protective Services and Code Enforcement for another. 3. Provided support for distribution of ARPA funding to include ordinance revisions to pre - qualify people receiving DSHS services. 4. Set up out stationing with the Community Resource Advocate of South Snohomish County in the Human Services office. 5. Coordinated Helping Hands Project Organization to do outreach once a month at the library for behavioral health services and other resources. 6. Ongoing oversight of five long-term motel vouchers for Edmonds Emergency Shelter program through Snohomish County. 7. Updated the Human Services Resource Guide online. 8. Received Council authorization to increase Program Manager to full-time. 4 Packet Pg. 81 2.3.a 9. Conducted multiple meetings regarding Snohomish County's efforts to enhance shelter in South County utilizing ARPA and HB 1590 funding and potential grant funding. Youth Commission 1. Partnered with the City of Edmonds, Sounds Salmon Solutions, Edmonds Stewards, and the Edmonds Citizen Tree board for Earth Day --supporting the beach cleanup event at Marina Beach Park and Brackett's Landing North. 2. Resumed in -person meetings with great enthusiasm from commissioners --clear they are burnt out on Zoom. 3. Presented annual report to city council while also appreciating graduating seniors 4. Held last meeting of the school seasons regular Youth Commission meetings. Packet Pg. 82