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Chamber - Taste EdmondsCONTRACT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 8-14, 2018 The following is an agreement ("Agreement") between CITY OF EDMONDS (hereinafter referred to as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the "Chamber") (collectively, the "Parties"). WHEREAS, the Greater Edmonds Chamber of Commerce has for a number of years conducted a public event known as "Taste Edmonds" and proposes to do so again in 2018; WHEREAS; the City Council finds that Taste Edmonds provides distinct benefits to the City by showcasing Edmonds' restaurants and other local businesses while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities and Rights of Ci 1.1 City shall provide use of surfaces on Civic Center Field (excluding the tennis courts), Bell Street including Centennial Plaza between 5th & 6th Avenues, and 6th Avenue from Main Street north to Daley Street, and south approximately 80' to first drive on west side for use by Chamber for "Taste Edmonds" event (the "Event"), so as to allow for the following: (a) The Event setup shall begin on Wednesday, August 8, 2018, at 7:00 a.m. Barricades to be in place at 7:00 a.m. (b) All surfaces listed shall remain available to the "Taste Edmonds" until final cleanup by Tuesday, August 14, 2018, at noon. (c) City shall designate eight (8) additional handicapped parking spaces to be located in an area to be agreed upon by City and Chamber officials. 1.2 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. 1.3 Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 10:00 a.m., August 10, 2018, as the Parties shall agree and note all potential 4- -75`/ CON -5-3L—/ 5 yrs 40 x ll rs ^tn, problems. Prior to the opening of the Event, Chamber shall correct all problems related to fire safety. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, any violation or other condition that threatens life, health or property has not been corrected. 1.4 City shall provide barricades and barricade placement and removal for the Event. 1.5 City shall provide padlocks as required on location for tennis courts and other areas from which public access is restricted during the Event. City shall also provide removal of the padlocks. 1.6 City shall provide water access on the south fence near the petanque corts for use by the food vendors. 1.7 City shall provide access to storage area of portable stage to beer garden at time of stage installation and at time of stage removal. 1.8 City shall provide basketball hoop removal and re -installation on basketball courts located near the Boys & Girls Club building. 1.9 City shall install Taste Edmonds street banners as provided by Chamber at approved sites. Chamber shall obtain a Street Banner Permit and pay the required fee. 1.10 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.11 City shall provide and oversee police supervision of the Event under the command of the Chief of Police or his designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his designee, and the President and CEO of the Chamber. 1.12 The City shall supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items to strongly encourage their use. The City shall provide signage for the on-site collection containers, and any additional containers, if needed. 2. Responsibilities and Rights of Chamber 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City shall be named as an insured on the Chamber's General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber's insurance shall be the primary insurance. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber's insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than ANII. 2.2 The Chamber agrees that the Taste Edmonds is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City -Provided Site during the Taste Edmonds to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.3 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles from event participants, and arrange for recycling services. 2.5 Pursuant to the City's Resolution 1357, the goal of which is to promote the use of certifiable compostable food service wares and packaging, food vendors at this public event are strongly encouraged to provide certifiable compostable food service wares to package and present food to event participants. In anticipation of future City restrictions vendors are also encouraged to reduce or eliminate the automatic provision of beverage straws. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable, can continue to be acceptable for vendor use. When certifiable compostable food service wares and packaging are used, and recyclable containers are offered, event organizers will provide for the on-site collection of compostable and recyclable materials from event participants, using designated color -coded collection containers. Event organizers shall ensure that on- site collection containers are serviced properly and continually during the event. The Chamber representative shall meet with the City's Recycling Coordinator or representative prior to July 31, 2018, in order to be educated on the 3 -container system to maximize diversion of compostable and recyclable materials from the garbage. 2.6 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. 3 2.7 Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.8 Neither Chamber nor any of its officers, agents, or employees shall discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.9 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.10 Chamber shall obtain any necessary Street Use and Parks Facility Use Permits and pay the required fees. (See site plan attached as Exhibit "A"). 2.11 Chamber shall post "NO DOGS" signs on the Taste grounds and the Civic Center Field as per City Ordinance. The Chamber shall notify vendors of this ordinance as part of their registration instructions, and also inform vendors that this ordinance will be enforced. This provision shall not apply to service animals for the disabled. 2.12 Chamber shall restrict field parking to approved areas. Chamber shall have security at permit parking entrance area to limit public access. City has the right to close the parking area for the Event if parking is not limited to the agreed upon area. 2.13 Chamber shall ensure that all booths/beer garden/wine garden have the necessary state permits for serving and selling alcohol. Chamber agrees to make its best effort to prevent service of alcohol to minors, including segregation of the beer garden and wine garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. Chamber shall obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.14 Chamber agrees to the following general open hours of the Taste Edmonds: Friday, August 10, 2018: Saturday, August 11, 2018: Sunday, August 12, 2018: 11:00 a.m.-10:00 p.m. 11:00 a.m.-10:00 p.m. 11:00 a.m.-7:00 p.m. Chamber agrees to keep the hours of operation in the Beer Garden and Wine Garden within the following schedule: 4 Friday, August 10, 2017: 11:00 a.m.-10:00 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Saturday, August 11, 2017: 11:00 a.m.-10:00 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Sunday, August 12, 2017: 11:00 a.m.-7:00 p.m. (Last call 6:30 p.m., no service after 6:45 p.m.) 2.15 Chamber shall provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in the Event. 2.16 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of the Event. 2.17 Chamber shall provide a sufficient number of portable sani-cans and wash stations. 2.18 Chamber shall provide fence installation and removal at the Beer Garden and Wine Gardens. 2.19 Chamber is responsible for contracting with appropriate vendors for power. No power is available from the Civic Center complex. 2.20 Chamber will arrange for a walk through with the City electrician to get approval for the accommodation of power and electricity needs. The City Electrician shall 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 Chamber. It is not allowed to fasten anything to the buildings, structures or trees, doing so may result in damage cost recovery and /or fine. 2.21 Chamber shall provide labor and equipment for the portable Beer Garden pouring station (PS) to: (1) pickup the PS elements at the City's storage location, (2) set up the PS, (3) take down the PS, (4) cleanup the PS elements, and (5) return the PS elements to the City's storage location. 2.22 Garbage service shall be contracted and paid for by Chamber. 2.23 Upon the completion of the Event, Chamber shall make adequate provisions for the cleanup and restoration of all sites rented or provided under the terms of this Agreement, including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. Storm drains are to be covered with filter fabric to capture grease and debris. 2.24 Cleanup areas include area as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.25 All garbage to the size of a cigarette butt, debris, litter, equipment, and any other and all other items made necessary by or used in the provision of the Event shall be picked up and removed by 12:00 noon, Tuesday, August 15, 2018. 2.26 A final inspection of the Event area shall be conducted by City Parks Maintenance Division to determine if all areas are clean and returned to their original condition. 2.27 Chamber shall submit a cleaning/damage deposit of $1,500.00 to City prior to Monday, July 10, 2018. The deposit shall be refunded to Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse City for loss or cleaning costs. 2.28 Chamber shall pay City all permit fees for the above-mentioned facility use ($1,440.00 facility rental) prior to Monday, July 9, 2018, and shall reimburse City for the actual costs of supplies or services furnished by City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.29 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this � day of , 2018. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMM Cl: D i O. Earling, Mayor Gi , President and CEO ATTEST :HEN CA ED: Scott P , City Clerk APPRO D AS TO FORM: Office of the City Attorney Exhibit A 2018 Taste of Edmonds site plan b` Bell Street 6th Avenue Track Area Kids Area Infield Area Food Area M Food Truck j Non -Profit Area � fiw�•b0 eW �0fibrh •26 bN •0.Y NrAi•1D bN 8 U." II ! �•� � 72. �� uylf el(A,E PNR ENTRY e e..ew I RI.14 ACnf1VrV1•IiCS � [ j -j.- 8 U."