Chamber - Classic Car ShowCONTRACT
BETWEEN THE CITY OF EDMONDS AND
THE GREATER EDMONDS CHAMBER OF COMMERCE
September 9, 2018
The following is an agreement ("Agreement") between CITY OF EDMONDS ("City"), and the
GREATER EDMONDS CHAMBER OF COMMERCE ("Chamber") (collectively, the "Parties").
WHEREAS, the Chamber has proposed to hold a public event known as the Edmonds Chamber of
Commerce Classic Car Show ("Classic Car Show." or "Event");
WHEREAS, the City Council finds that the "Classic Car Show" provides distinct benefits to the City
by showcasing the City while providing a unique recreational opportunity for its citizens; and
WHEREAS, the City Council finds that such an event enhances tourism and promotes economic
development as well as providing an opportunity for good clean fun to its citizens;
NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set
forth below, the Parties hereto agree as follows:
1. City and Chamber agree that:
1.1 City shall provide use of the following surfaces by Chamber for the Classic Car
Show:
• "Center Round" around the fountain in downtown Edmonds at 5th Avenue and Main Street,
• Main Street from the East side of its intersection with 3rd Avenue to the West side of its
intersection with 6th Avenue,
• 4th Avenue S. from the South side of its intersection with Bell Street to the North side of its
intersection with Dayton Street, and again from the South side of its intersection with Dayton
Street to approximately 100 feet south down 4th Avenue,
• 5th Avenue, from the North side of its intersection with Walnut Street to the North side of its
intersection of the northern leg of Bell Street,
• Dayton Street, from the West side of 5th Avenue to the East side of 4th Avenue,
Dayton Street, from the East side of 5th Avenue to immediately east of 529 Dayton Street,
r City Hall parking lot located immediately South of the City Hall building at 121 5th Avenue
N and the parking lot under City Hall,
• On street parking spaces on 5th Ave N from Bell Street to Seville driveway, 217 5th Ave N
(west), and Bell Street to the Public Safety parking lot access midblock (east).
(The above areas shall be hereinafter referred to as the "City -Provided Site.")
1.2 One or several days before the Event, City shall place signs so as to clear the City -
Provided Site of all vehicles from 2:00 a.m. on the date of the event until 7:00 p.m. on the same day.
The Main and 5th closure to the most northern portion of Bell shall be until 8:00 p.m.
1.3 City shall provide barriers near the following 13 locations for street closures required
to contain the City -Provided Site described in Paragraph 1.1:
Pine and 5th, to close 5th Avenue north to Walnut,
Maple and 5th, to close Maple Street east of 5th Avenue
Dayton and 6th, to allow local access only on Dayton between 6t" Avenue & 5t" Avenue
Dayton and 5th, to close 5th Avenue north and south of Dayton Street
Dayton and 5th, to close Dayton east and west of 5th Avenue
Dayton and 4th, to close Dayton east of 4th Avenue
Walnut and 5th, to close 5th Avenue north and south of Walnut Street
Main and 5t", to close 5th Avenue to the most northern portion of Bell
Main and 6th, to close Main Street west of 6th Avenue
Main and 3rd, to close Main Street east of 3rd Avenue
4th and Bell, to close 4th Avenue south of Bell Street
4th and Dayton, to close 4th Avenue north and south of Dayton Street; and
On 4th, to close 4th Avenue 100 ft. immediately south of Dayton
1.4 City shall arrange for access control of 5th Avenue South at Walnut Street from 8:30
a.m. until 11:30 a.m. on the date of the Event. Chamber will be responsible for paying the actual cost
of the overtime wages incurred by the City of the police officer to be stationed at the intersection.
This intersection will not be closed to general traffic east and west, but access will be controlled and
may be limited during this time period to allow for the safe staging of Event vehicles. There will be a
committee member at the intersection with the police officer to designate which vehicles will be part
of the Event.
1.5 Above barriers shall be delivered so as to allow Chamber to position such barriers at
5:00 a.m. the day of the Event. The number of barriers left by City at each of the eight locations shall
be sufficient to provide adequate street closure. Chamber shall remove same barriers at 7:00 p.m. on
the same day.
1.6 City shall also provide street closure barriers for the purpose described in Paragraph
1.7 near the following intersections:
Maple Street and 6th Avenue, to close Maple west of 6th; and Alder Street and 6th Avenue, to
close Alder west of 6th
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1.7 Chamber shall position such barriers at 5:00 a.m. the day of the Event so as to
provide adequate street closures and prevent traffic from 6th Avenue to turn onto Maple Street or
Alder Street from 5:00 a.m. until 10:00 a.m. Chamber shall remove such barriers at 10:00 a.m. on the
same day.
1.8 On the day of the event, Chamber shall place traffic cones on the center -dividing line
of 5th Avenue between Pine Street and Walnut Street from 5:00 a.m. until 10:00 a.m.
1.9 Chamber shall obtain any necessary Street Use Permits and pay the required fees.
Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any
remaining or potential issues of traffic control and barricades prior to the event, but shall have no
authority to waive the requirements of city ordinance or state law. Chamber shall establish a sixteen
foot (16') fire lane down the middle of each street on which Classic Car Show cars will be parked for
emergency vehicle access throughout the day of event. Chamber car show staff and ambassadors
will ensure that no cars encroach upon this fire lane.
1.10 The Chamber shall be permitted to establish and operate five outdoor dining gardens
within the City -Provided Site during the Event. These gardens shall not exceed 15' x 25' in
dimension, and shall be fenced in a manner that clearly establishes and distinguishes their
boundaries. Maximum capacity of the dining gardens shall be determined by the Edmonds Fire
Marshall. Dining gardens shall provide tables, chairs and umbrellas for use by their diners. No
alcohol shall be served or permitted in the dining gardens. Food and non-alcoholic drinks may be
served in the dining gardens, but no food preparation shall be permitted therein. Dining gardens shall
be sponsored by local restaurants, and shall be located near each sponsoring restaurant. Dining
gardens shall open no earlier than 4AM and shall close no later than 5:00 p.m. during the Event.
Chamber shall inform all food vendors of the applicable requirements for food vending at the Event,
as set forth by Snohomish County Fire District 1, and shall be responsible for ensuring that food
vendors follow such requirements.
1.11 All use and configuration of structures, booths and other temporary facilities used in
the event shall be inspected and reviewed by Edmonds Fire Marshall, Police Chief, Building Official
and Parks and Recreation Director or their designees to determine whether the facilities in use
comply with the provisions of State and local law, as well as to insure that no lasting or permanent
damage shall be done to any public facility or property. Edmonds Fire Marshal shall inspect the
facilities prior to the opening to the general public on or before 7:00 a.m., September 9, 2018, as the
Parties shall agree and note all potential problems. Prior to the opening of the event, Chamber shall
correct all problems. In the event that such problems are not corrected, City may at its sole discretion
cancel such event or prohibit the attendance of the general public in certain areas, if in the opinion of
the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property
shall appear.
1.12 City has the right to check the noise level of any amplified sound equipment or other
source and require that the volume be reduced if it exceeds the safety limits recommended by the
Snohomish County Department of Health or levels set forth in the ordinances of the City of
Edmonds.
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1.13 Chamber shall obtain and note on the back of the Classic Car Show registration card,
which is posted on the dashboard of cars on display, at least one cell phone number for the car's
owner, to allow the Chamber to contact the owners when away from their cars.
2. Chamber Responsibilities
In addition to the above and in consideration of the use of the facilities and services above described,
Chamber agrees to the following:
2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general
liability insurance written on an occurrence basis with limits no less than $1,000,000 combined
single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property
damage. City shall be named as an additional insured on the Commercial General Liability insurance
policy and a copy of the endorsement naming City as additional insured shall be attached to the
Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability. The City shall be named as an insured on the Chamber's General
Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the
Chamber's insurance coverage shall be primary insurance. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be in excess of the Chamber's insurance and
shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the
required insurance before using the property described herein. Insurance shall be placed with insurers
with a current A.M. Best rating of not less than A:VII.
2.2 The Chamber agrees that the Classic Car Show is a public event. The Chamber
further agrees that areas constituting the City -Provided Site that are covered under this Agreement,
including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens,
meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit
citizens attending events open to the general public at City -Provided Site during the Classic Car
Show to exercise therein their protected constitutional right to free speech without interference.
2.3 The City has enacted Ordinance 3749 restricting the use of single -use plastic
checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or
provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to
comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of
reusable totes whenever practicable.
2.4 The Chamber shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including attorney fees, arising from or in connection with the Chamber's performance, or
nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or
suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers.
This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity
provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This
provision shall survive the termination and/or expiration of this Agreement.
2.5 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified
in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas,
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within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and
employees of any vendor at the event or of the contracting organization are required to be. This
general description of the provisions of the initiative is included for the purpose of reference and is
not intended to expand or contract the obligations created by the smoking ban. The Chamber
warrants that it will comply with the smoking ban and will utilize the services and advice of the
Snohomish County Health District in assuring compliance during the event described in this
Agreement.
2.6 Chamber shall provide any and all security services necessary to reasonably secure
the area and facilities provided, including the City -Provided Site. City shall have no responsibility or
liability for the provision of security services nor shall it be liable for any loss or damage incurred by
Chamber or the participants in this Event.
2.7 Chamber shall provide a fire watch for all times in and around the booths and
displays open to the general public as a part of this Event.
2.8 Chamber shall provide sufficient wash stations and approximately 10 sani-cans that
may be placed on site the night preceding the Event. Garbage service shall be contracted and paid
for by Chamber. Chamber will place 25 garbage and recycle containers around downtown for
garbage collection
2.9 Upon completion of the Event, Chamber shall make adequate provisions for the
cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state
of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements shall be
completed by 7:00 p.m. on that day. Cleanup of sidewalks shall be completed by 11:00 p.m. on that
day. Cleanup areas include the City -Provided Site as described in Section 1 and all streets
immediately surrounding the Event perimeter. A final inspection of the Event area shall be conducted
by a designated City official to determine if all areas are clean and returned to their original
condition.
2.10 Chamber shall pay City all permit fees for the above-mentioned facility use and
services at least ten (10) days prior to the Event, and shall reimburse City for the actual costs of
supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days
of mailing of a final bill by the City, provided such supplies and services are approved and listed by
all Parties to this Agreement in a signed addendum to this Agreement prior to the date which they
purport to be required.
2.11 Colored banners or flags may not be placed in the existing holes in the public
sidewalk designated for the American flag program.
3. Miscellaneous.
3.1 Entire a rcement integration and amendment. This Agreement contains the entire
agreement and understanding between the Parties relating to the rights and obligations created
hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements,
written or oral, between the Parties. Any prior discussions or understandings are deemed merged
with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or
transferred except in writing with the express written consent of the Parties hereto. Any action to
interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County,
Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue.
3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in
performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental
authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or
due to any other cause beyond the Parties' reasonable control. In the event of delay in performance
due to any such cause, the date of delivery or time for completion will be extended by a period of
time reasonably necessary to overcome the effect of such delay.
3.3 Termination. The City shall have the right, in its sole and absolute discretion, to
unilaterally terminate this Agreement should the same become necessary to protect public health,
safety or welfare; in which case, the City shall provide written notice of the same to the Chamber.
3.4 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or
in fact create an agency or employment relationship between the Parties. No officer, official, agent,
employee or representative of the Chamber shall be deemed to be the same of the City for any
purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents,
employees, representatives and subcontractors during the performance of this Agreement.
DATED this {z- day of :2 , 2018.
CITY OF EDMONDS:
r
David -b. Earling, Mayor
ATTEST/AUTHENTICATED:
Sc❑ sey, Cit lerk
APPROVED AS TO FORM:
Office of the City Attorney
GREATER EDMONDS CHAMBER
OF COMM RCE:
Greg Urban, President and CEO
SPRAGUEST
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CHAMBER OF COMMERCE
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Classic Car Show
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Sunday 10 am - 5 pm
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September i o awards 4:30 Pm
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- Registration Line
ALDERST N - Display Area
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- Vendor Booths
�I -Special Display Area
- Vendor Parking
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- Trailer Parking
- Kids Zone
O - Information Booth
Q - Public Restrooms
HOW DR rota - Street Closures
- Free Movies I
- Pancake Breakfastrr-
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- Special Guest(s)
ReglstraWn entry heguss at 5th Ave S and
110M[LAND OR P", St, all cars must enter here to line up.
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HEMLOCKWAY
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Registration Entry
(5th Aver& Pine St)
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