CITY OF MOUNTLAKE TERRACE USE OF PUBLIC PROPERTY AND IN-KIND SERVICES CONTRIBUTIONS AGREEMENT FOR: Independence Day Celebration Sunday, July 3, 2016 Event Dates: Sunday July 3, 2016 Event Location: Ballinger Park, 23000 Lakeview Drive This Agreement is entered into by and between the City of Mountlake Terrace, a municipal corporation of the State of Washington, hereinafter referred to as City, and Cheeseburger Babies Foundation, a non-profit corporation registered in the State of Washington under the Internal Revenue Code, hereinafter referred to as Organization or Sponsor. I. RECITALS A. The Organization is the event sponsor of the 2016 Independence Day Celebration ( Event ) to be held in Mountlake Terrace, Washington. B. The Organization requested the use of public property for the 2016 Independence Day Celebration, namely a City park designated as Ballinger Park ( Premises ). C. The Organization requested an in-kind service contribution from the City in support of the Independence Day Celebration. D. The purposes of this Agreement are to set forth and provide for: (1) Terms and conditions for use of public property, namely Ballinger Park; and (2) Terms and conditions under which the City shall provide the Organization inkind services to enable the Organization to provide programs and/or events that benefit the community. NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, it is agreed by and between the Organization and the City as follows: II. TERMS AND CONDITIONS A. Organization Responsibilities and Obligations (1) Organization is the event sponsor and is responsible for all activities related to this event including crowd control, security, parking, sanitation, clean-up and emergency services. Organization shall communicate and coordinate with City departments in advance to ensure all necessary permits are obtained and submitted in a timely manner and items pertaining to public safety are addressed accordingly. The sale and consumption of alcohol within the designated area on City Premises is prohibited. In addition, a Facility Use Permit for use of City facilities must be completed and approved by the Recreation & Parks Department prior to use of facilities.
2016 Independence Day Celebration Page 2 (2) Organization shall provide program supervision that is adequate and reasonable designed to provide safety for all age groups participating and observing the event(s) at the event site(s). Organization shall coordinate and contract with the Mountlake Terrace Police Department for overall event security. In addition, Fire District #1 shall be provided in advance for review and approval all event logistics pertaining to health and safety including events site map, diagram for entrance control, location of equipment, and exiting and entrance locations. (3) Organization and all subcontractors shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to this Event and all licenses and permits, which includes but are not limited to, compliance with all Health Department requirements and with Ordinance No. 282, Application for Special Events Permit; Ordinance No. 2571 and Business License. Organization and/or subcontractors will not be allowed to open to the public until all necessary requirements have been met, including but not limited to permits and insurance and that all required inspections have been completed and approved. Organization hereby agrees to file with the Administrative Services Department, and all notices required herein, unless otherwise noted in this Agreement shall be sent to the Mountlake Terrace City Hall, 6100 219 th Street SW, Suite 200, Mountlake Terrace, WA, 98043. (4) Organization, its employees, contractors, agents or volunteers performing under this agreement are not deemed to be employees of the City of Mountlake Terrace nor as agents of the City in any manner whatsoever. Organization shall not hold itself out as nor claim to be an official, officer or employee of the City by reason hereof and shall not make claim, demand or application to or for any right or privilege applicable to an official, officer, or employee of the City. (5) Organization will provide written notification regarding the Independence Day Celebration event(s) to neighbors who live near the event site(s) a minimum seven (7) days prior to the start of the festival in order that any potential concerns may be addressed. (6) Organization will be responsible for costs for damages and/or repairs to the facilities, equipment and staff costs including any related City revenue loss resulting from the Independence Day Celebration. (7) Organization shall provide names(s) and phone numbers(s) of the event coordinator representing the Organization. The event coordinator must be available for the entire duration of the Independence Day Celebration. (8) Organization shall reimburse the City for expenses including overtime costs for city personnel, off duty police security, equipment rental and other additional expenses directly attributable to the Independence Day Celebration outside of regular M-F costs, unless other compensatory or in-kind service arrangements have been approved in writing by the City in advance of the event. (9) In consideration of City in-kind services contribution and additional benefits provided to the Organization by the City, the Organization shall provide the City, at no cost or expense, a 10x10 booth space at the Event if requested.
2016 Independence Day Celebration Page 3 B. Insurance. Organization shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the premises hereunder by the Organization, its agents, representatives, employees or subcontractors. The insurance policy shall contain, or be endorsed to contained that the Organization insurance coverage shall be primary insurance as respect the City and Fire District #1. Any insurance, self-insurance, or insurance pool coverage maintained by the City or Fire District #1 shall be excess of the Organization s insurance and shall not contribute with it. Proof of insurance as outlined below shall be received by the City at least 30 days prior to the event. Failure to provide such proof of insurance at least 30 days prior to event shall be cause for cancellation of the event on City property, and the reimbursement of any funds to the City that have been granted to the Organization. (1) Organization shall furnish the City with original certificates and a copy of the amendatory endorsements providing coverage for liability, bodily injury, property damage to others and property damage to City-owned property (including fire damage to City-owned property), for an amount of not less than one million dollars ($1,000,000.00). Fireworks Vendor, if any is utilized by the Organization, shall furnish the City with original certificates and a copy of the amendatory endorsement providing coverages for liability, bodily injury, property damage to City-owned property for an amount not less than five million dollars ($5,000,000.00). The insurance policy required by the City shall contain, or be endorsed to contain that the Fireworks Vendor insurance coverage shall be primary insurance as respect the City and Fire District #1. Any insurance, self-insurance, or insurance pool coverage maintained by the City or Fire District #1 shall be excess of the Fireworks Vendor s insurance and shall not contribute with it, and further, shall not relieve or decrease the liability of the Vendor for any damages arising from Vendor s work and shall not be construed as limiting the extent of the Vendor s responsibility for payment of damages resulting from Vendor s work. (2) Organization agrees to have the City of Mountlake Terrace and Fire District #1 named as non-contributing primary Additional Insured on its General Liability policy, providing coverage for bodily and personal injury, property damage to others and property damage to the City of Mountlake Terrace. Organization shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Organization. Organization shall provide auto liability for ONE MILLION AND NO/100s dollars ($1,000,000.00) combined single limit per occurrence with ONE MILLION AND NO/100s dollars ($1,000,000.00) annual aggregate naming the City of Mountlake Terrace and Fire District #1 as Additional Insureds. The insurance policy may not be changed, cancelled or be allowed to expire without immediate notice, in writing, being provided to the City. Organization will identify status of the annual aggregate at the time they issue a certified true copy of the Certificate of Insurance. The Certificate must be placed on file two (2) days prior to the start of the Event, and said Certificate will state the above terms and conditions of coverage. The endorsement naming the City of Mountlake Terrace as an additional insured
2016 Independence Day Celebration Page 4 will be mailed to Scott Hugill, Interim City Manager, c/o Mountlake Terrace City Hall, 6100 219 th Street SW, Suite 200, Mountlake Terrace, WA 98043. C. Hold Harmless/Indemnification. Organization shall defend, indemnify, release, and hold harmless the City of Mountlake Terrace and Fire District 1, its officers, officials, employees, and volunteers from any and all claims, suits, actions, including attorney fees, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by the Organization in or about the Premises, or arising out of or resulting from the Organization or the Organization event and/or program, except only such injury or damage as shall have been occasioned by the sole negligence of the City. Additionally, the Organization agrees to pay for all damages to City property resulting from the Independence Day Celebration. The Organization agrees to return the City-owned property in the same or better condition at the conclusion of the Independence Day Celebration event. D. Supervision. The Organization shall have the obligation of and shall be responsible for supervising the activities of its volunteers and of the participants in its programs and/or events. III. CITY IN-KIND SERVICES CONTRIBUTION A. In-Kind Services. The City will provide police/parks/public works in-kind services to the Organization as identified in Exhibit A-1. The maximum equivalent dollar value, shall be determined by the City Manager after settlement of pending City labor agreements and shall be set forth and identified in Exhibit A-1, which shall be attached hereto and incorporated by reference as though fully set forth. Authority to determine the maximum equivalent dollar value, and amend Exhibit A-1 to include the maximum equivalent dollar value, referred to herein, is hereby delegated to the City Manager. Organization shall use its best efforts to promote the City and provide entertainment for Mountlake Terrace citizens. For the purposes of calculating distribution of in-kind services cash value and potential overages, the maximum equivalent dollar value of in-kind services shall be applied first to City police services, and the remaining balance of value, if any, shall be applied equally to the Recreation & Parks and Public Works departments. If actual cost of in-kind services provided by the City (as identified in Exhibit A-1) exceeds the maximum equivalent dollar value, Organization agrees to pay to the City the balance owing above the maximum equivalent dollar value within 60 days of receipt of an invoice for such amounts. B. Additional Benefits. The City shall also provide the value of non-overtime labor, field rental, and use of City equipment as listed on Exhibit A-2, attached hereto and incorporated by reference as though fully set forth, which shall not be an obligation of the Organization and shall not be applied to the distribution of in-kind services cash value referenced in Paragraph A of this section. The total additional non-hard cost benefits provided by the City shall be determined by the City Manager after settlement of pending City labor agreements, and shall be set forth and identified in Exhibit A-2. Authority to determine the total non-hard cost benefits and amend Exhibit A-2 to include the total non-hard cost benefits, referred to herein, is hereby delegated to the City Manager.
2016 Independence Day Celebration Page 5 IV. GENERAL PROVISIONS A. Compliance with Federal, State and Local Laws. Organization agrees to abide by all applicable federal and state statutes and regulations prohibiting employment discrimination, and any other statutes and regulations pertaining to the subject matter of this Agreement. Organization further agrees to secure all necessary permits as may be required by Washington State law or the Mountlake Terrace Municipal Code including, but not limited to, the requirements of Chapter 10.20 MTMC, Special Events. B. Termination. In the event the Organization defaults and/or is in non-compliance with the terms of this Agreement, the City shall have the right to terminate the Agreement and upon written notification of termination, the Organization shall remit to the City the value of all in-kind services provided by the City prior to the default. C. Legal Relations. The Organization, its officers, employees, contractors, agents or volunteers are not, and shall not represent themselves as officials, employees or agents of the City. Nothing contained in this agreement shall be construed to create a partnership or a joint venture between the parties or to authorize any party to act as general agent for the other party. D. Term. This Agreement shall be effective upon execution and shall end upon completion of the Event, and fulfillment of all terms and conditions required herein, provided, however, that Section II(C), Hold Harmless/Indemnification, shall survive the termination of this Agreement. E. Entire Agreement. This agreement contains the entire agreement between the Organization and the City. This agreement may be modified or amended only in writing, whereupon it shall be signed by each of the parties hereto. F. Jurisdiction and Venue. This agreement is to be governed and construed under the laws of the State of Washington. And any suit to enforce the provisions of this agreement shall be brought in Snohomish County, Washington. G. Attorneys Fees. The City and Organization agree that if either party resorts to litigation to enforce this agreement, the Court shall award reasonable cost and expense, including attorney fees, to the prevailing party. H. Contact Person(s). The individuals named below are the designate representatives for the City and the Organization in matters involving this Agreement. City of Mountlake Terrace Cheeseburger Babies Foundation Jeff Betz, Recreation & Parks Director Seaun Richards, President 6100 219 th Street SW, Suite 200 P.O. Box 650 Mountlake Terrace, WA 98043 Mountlake Terrace, WA 98043 (425) 640-3101 (425) 218-5996 I. Severability. If any phrase, sentence, section or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the
2016 Independence Day Celebration Page 6 remainder of this Agreement, and to this end the provisions of this Agreement are declared to be severable. IN WITNESSES WHEREOF, the City of Mountlake Terrace and Cheeseburger Babies Foundation have executed this Use of Public Property and In-Kind Services Contributions Agreement on this day of May, 2016. City of Mountlake Terrace Cheeseburger Babies Foundation Scott Hugill, Interim City Manager Date: Seaun Richards, President Date:
2016 Independence Day Celebration Page 7 EXHIBIT A-1: IN-KIND CONTRIBUTION CALCULATIONS ANTICIPATED LABOR/SERVICES, EQUIPMENT, AND SUPPLIES PROVIDED BY CITY ESTIMATED VALUE Mountlake Terrace Police Department shall provide: Item Rate Quantity Total On-site police security at event Sunday* TBD** 0 hrs TBD** * Total Estimated Police Department Expenses/Value *** 0 hrs TBD** No In-Kind Service provided for police overtime. The Organizer agrees that at a minimum they will pay $2,000 for police overtime accrued on the day of the event. ** Calculation of estimated hourly rate of pay in 2015 was based upon salary range of $53.95to $78.90/hr, the mean salary being $66.42/hr. Difference between the top range salary ($78.90) and the calculated mean ($66.42) was $12.48 in 2015. To calculate a weighted average, two-thirds of the difference ($8.32) is added to the calculated mean, yielding a weighted average hourly rate of $74.74. These rates will be updated accordingly pending settlement of labor agreements, per Section III of this agreement. Final cost and expense that will be assessed to Cheeseburger Babies shall be determined by the actual number of officers on-site, the actual salary rate of individual officers, and actual number of hours worked. *** Does not include labor costs for parade police security; see Exhibit A-2. City of Mountlake Terrace Public Works Department shall provide: Item Rate Quantity Total Staff labor on event date (1 staff x 6 hours) TBD* 6 hours TBD* Waiver of Banner Placement Permit Fee (labor and equipment for posting and removal of banners provided by Public Works) TBD* TBD* Total Estimated Public Works Expenses/Value Total Estimated Maximum Equivalent Dollar Value of Services/Equipment/Supplies Provided by City TBD* * (TBD To Be Determined): These rates will be updated accordingly pending settlement of labor agreements, per Section III of this agreement.
2016 Independence Day Celebration Page 8 EXHIBIT A-2: ADDITIONAL NON HARD COST BENEFITS PROVIDED TO CHEESEBURGER BABIES NOT ATTRIBUTABLE OR CHARGABLE TO IN-KIND SERVICES City of Mountlake Terrace Recreation & Parks Department Rate Quantity Total Ballinger Park Rental behind Senior Center $18 plus $.96 per Approx. 2000 $1,938.00 person attendees Senior Center Lakeview Room Rental $160/hr, part of lease 12 hours $1,920.00 Total Additional Benefits Provided by Recreation & Parks Department TBD* City of Mountlake Terrace Public Works Department Item Rate Quantity Total Barricade staging initial set-up and final retrieval TBD* 2 hrs TBD* Total Extra Benefits Provided by Public Works Department TBD* Total Additional Non Hard Cost Benefits Provided by City TBD* *(TBD To Be Determined): These rates will be updated accordingly pending settlement of labor agreements, per Section III of this agreement.