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HomeMy WebLinkAboutFirst Night Tri-Cities Agreement s FIRST NIGHT TRI-CITIES AGREEMENT THIS AGREEMENT is made between First Night Tri-Cities, a Washington non-profit association, and the cities of Kenn e nd Richland, each a Washington Municipal Corporation,this��day of for the purposes set forth herein. WHEREAS, First Night Tri-Cities, a non profit entity dedicated to the annual production of a non-alcoholic New Years Eve event suitable for family attendance, has fulfilled its mission in the Tri-Cities for more than a decade but requires a financial commitment from the cities to assure its continuation; and, WHEREAS, the cities of Kennewick, Pasco and Richland find the First-Night Tri-Cities event fulfills a need within the region to provide a family-oriented event associated with the traditional celebration of the new year; and, WHEREAS, each of the City Councils desire to assure existence of the event in the Tri- Cities for the foreseeable future and have authorized the respective City Manager to enter into an agreement with the other cities and First Night Tri-Cities to effect that purpose; NOW THEREFORE the parties named hereinabove agree as follows: Section 1: First Night Tri-Cities will be.responsible to provide a safe family-oriented, non-alcoholic event on December 31 each year. Said event shall be located at Columbia Basin College (CBC) or in the downtown of one of the sponsoring cities and shall be available to the public at large. Section 2: The cities of Kennewick, Pasco and Richland shall each pay to First-Night Tri-Cities the amount of at least $3,500 not later than July 15 of each event year, in partial sponsorship of the annual event. Section 3: Indemnification. First Night Tri-Cities shall defend, indemnify and hold the cities, its officers, employees, officials, and volunteers harmless from any and all claims,judgments, damages, causes of action, or penalties from the cities' participation in this Agreement and the activity conducted by First Night Tri-Cities described in Section 1 above. Such indemnification shall be secured by a policy of insurance provided by First Night Tri- Cities and naming the cities as an additional insured thereunder with the policy limits not less than one million dollars ($1,000,000.00). Section 4: Relationship of the Parties. In the performance of the services provided in Section 1 above, First Night Tri-Cities is an independent contactor and nothing herein shall be construed to create a partnership, joint venture, or create any agency capacity of First Night Tri- Cities as an agent of the cities. Section 5: Term. This Agreement shall be effective for an initial period of three years, beginning January 1, 2009 and ending December 31, 2011 and shall thereafter automatically renew for consecutive one-year periods,unless terminated by one of the parties giving written notice to the others at least 10 months prior to the end of any calendar year. 45' r ' IN WITNESS WHEREOF, the parties have executed this Agreement by the duly authorized officers on the day and year first written above. City of Kennewick First Night Tri-Cities ,t Robert Hammond, City Manager Date Tom Powers, President Date City of co Gary ru lc'fiel ity anger Date Ci of Richland Cindy J o , City Manager Date First Night Tri-Cities Agreement Page 2 of 2