HomeMy WebLinkAboutTri-City Water Follies Assoc - Operate Water FolliesEvent 2007 - 2009 AGREEMENT FOR OPERATION OF 1 O U 7 333
WATER FOLLIES EVENT
(2007-2009)
This agreement is made and entered into thislk—day of ==4U 2007,
among Franklin County, hereinafter referred to as the "County," the City of Pasco, hereinafter
referred to as the "City," and the Tri-City Water Follies Association, hereinafter referred to as
the "Association."
WHEREAS, the Association has applied for the right to conduct the 2007, 2008 and 2009
Columbia Cup Unlimited Hydroplane Races on water adjacent to certain City and County lands
and needs the temporary use of such lands for said activity, and;
WHEREAS, this activity is planned for the enjoyment of the general public;
NOW THEREFORE, in consideration of the covenants and agreements herein contained
and the terms and conditions thereof, the parties agree to the following:
I
For the years 2007, 2008 and 2009, the City and the County grant to the Association the
temporary use of the property for the periods defined in Schedule 1 within their respective
boundaries described in Exhibit "A", attached hereto and by this reference made a part hereof,
including all parking lots together with the right of access thereto and therefrom.
II
The Association shall be allowed to collect a donation fee from each person over 5 years
of age entering said land for viewing the hydroplane races, provided the proceeds are used solely
for the conduct of the program and necessary expenses incidental thereto. An accounting of all
revenue received shall be presented to the City and County before January 1 of the following
year for each of the three years this agreement shall remain in effect.
Donation and parking fee amounts and hours when fees may be collected are described in
Schedule 1. By agreement of the parties, details included in Schedule 1 may be amended from
year to year.
III
The Association shall be responsible for providing adequate personnel assistance in
vehicle parking, traffic and crowd control. In addition to providing adequate personnel for
vehicle parking, traffic and crowd control the Association must provide for adequate contract
police services. Police personnel are to be provided access to the venue at all time and will
maintain authority over civilian crowd control personnel in the event that police intervention is
necessary. Pasco Police Reserves may qualify as contract police services in lieu of regular police
officers as determined by the Chief of Police.
IV
A traffic and crowd control plan will be submitted to and shall have the written approval
of the Franklin County Sheriff s Department and City of Pasco Police Department no later than
ten (10) days before the day race time trials are to be held. The use of any barricade proposed
for traffic control shall be included in the traffic and crowd control plan. The City of Pasco will
provide barricades for traffic control on the residential streets which intersect with Sylvester
Street on the south side. Barricades will be delivered to the street corners designated in the plan.
The Association shall be responsible for setting up barricades; maintaining barricades following
setup; and returning them to the drop-off corners for City pickup. The Association shall be
responsible for any damage to barricades.
The Association shall be responsible for furnishing and installing "No Parking" signs on
the north-south roads from Road 36 inclusive to Road 56 inclusive between Sylvester and Court
Street and along Sylvester Street from Road 36 to Road 56 the morning of the day of the time
trials, and for removing said signs by noon the following Monday. The signs and method of
installation shall be approved in writing by the City Engineer no later than three (3) days before
the day the time trials are to be held.
V
No costs or liability will accrue to the City or County due to the races, traffic control, and
parking activities.
VI
The Association will not preempt the public use of all the project recreation resources in
the area. Chiawana Park will remain open to the public during the races.
VII
The Association is responsible for returning all keys issued, clean up and restoration of
the area to pre-use condition to the satisfaction of the City Engineer and County Engineer within
ten(10) days of the day of the race. At least seven (7) days before the day the time trials are to be
held, the Association agrees to deposit a check in the amount of One Thousand Dollars ($1,000)
with the City Engineer, payable to the City of Pasco, to cover potential damages and
extraordinary cleanup, repair and maintenance costs. If none accrue, the check will be returned to
the Association; otherwise, the check will be deposited to the account of the City of Pasco. Any
excess amount will be refunded. The Association agrees to pay any additional clean-up and/or
repair costs incurred by the City and the County.
If, prior to the race, the Franklin County Fire Marshall and/or City of Pasco Fire Chief
require fire control site preparation of the river shore viewing area, the association will perform
the necessary work, at its sole expense.
Agreement for Operation of Water Follies Event
page 2
ViII
The Association will be permitted to restrict public use of said lands during the period of
the hydroplane races from 6:00 p.m. the Friday before the race, to 6:00 p.m., Sunday, the day of
the race. It will be necessary to close the Columbia River in the vicinity of Columbia Park to
commercial and pleasure boats during the hydroplane races. The closure will be of an
intermittent type, as needed, when hydroplanes are actually on the course. Provisions to allow
emergency traffic and commercial traffic to pass through the closed area will be made by the
Association. River closure authorization must be obtained by a separate permit from the U.S.
Coast Guard setting forth the specific dates and time periods involved.
IX
The Association shall comply with all Federal Laws and Regulations of the State and the
County wherein the said premises are located with regard to construction, license or permits to
do business and all other matters.
The Association will further comply with standards and recommendations of the State
and local health departments in all matters concerning health and sanitation.
The Association shall be responsible for providing the necessary chemical toilets as
required by the local health department to serve the general public on Saturday and Sunday
during the races.
X
The Association may authorize concessions to be operated to accommodate the public.
All concessions will be operated under the supervision of the Benton-Franklin Public Health
Department and, if applicable, a City of Pasco business license.
If alcohol is sold or served, all necessary alcohol permits must be obtained, and sales and
consumption shall be in accordance with Washington State Liquor Control Board rules and
regulations. Alcohol consumption shall be permitted only within the designated beer/alcoholic
beverages gardens and special tent areas.
In addition to any alcohol permits or approvals required by the State of Washington, an
alcohol permit must also be obtained from City of Pasco Administrative and Community
Services Department.
xi
In all cases, admission to the various areas will not be limited to membership in any
organization, and there will be no discrimination made against any person or persons because of
race, sex, creed, color, national origin or physical disability.
Agreement for Operation of Water Follies Event
page 3
XII
The Association agrees to maintain and pay for general liability insurance coverage
through American Boat Racing Association(ABRA) at all times hereof insuring the Association,
the County and the City, such insurance to afford protection of a limit of not less than
$5,000,000.00.
The Association agrees to require liquor liability insurance and general liability insurance
for the company with which it contracts for the fenced area commonly known as "the beer
garden", such insurance to afford protection to a limit of not less than $2,000,000.00. The
Association, the City, and the County shall be named as additional insureds on the policies.
The Association agrees to require liquor liability insurance and general liability insurance
for the company with which it contracts for the fenced area commonly known as
"Margaritaville" (spirituous liquor service), such insurance to afford protection to a limit of not
less than $5,000,000.00. The Association, the City, and the County shall be named as additional
insureds on the policies.
The Association agrees to require general liability insurance from each company with
which it contracts as a vendor, such insurance to afford protection to a limit of not less than
$2,000,000.00. The Association, the City, and the County shall be named as additional insureds
on the policies.
Copies of the above insurance will be delivered to the City by the Association at least 14
days before the day race time trails are to be held.
XIII
The County, the City and the Corps of Engineers shall not be liable or responsible for
damages to property or injuries to persons which may arise from or be incident to the Tri-City
Water Follies Association's use and occupation of said premises, including the areas shown on
Exhibit "A" and the County and City roads and rights-of-way south of Court Street and cast of
Road 60 inclusive to Road 34 inclusive, the person of the Association's officers, agents, servants,
employees, or others, including spectators or participants who may be on said premises at their
invitation or the invitation of any one of them. The Association shall hold the County and the
City harmless from any and all such claims which may arise from any damage or injury above-
mentioned, and shall at its expense defend any and all actions which may be brought against the
City and County upon such claims and shall pay any and all judgments that may be recovered
against the City and County upon such actions. Venue shall be in Franklin County.
The Association shall provide the City Engineer and the County Engineer, or such other
persons as designated by the City Engineer, passes for the purpose of inspections for compliance
with the agreement.
Agreement for Operation of Water Follies Event
page 4
XIv
For use of Franklin County and the Corps of Engineers land for the two-day period, in
lieu of a $2,000 donation, the Association donated labor, equipment, and materials to complete
the 1998 Rivershore Enhancement Irrigation Project.
Xv
The Association shall provide one (1) first aid station in the park to provide public
assistance within the premises regarding first aid treatment and assuming the assistance for
public safety. Such activity shall meet all conditions and requirements of Mid-Columbia EMS
Council and Franklin County Emergency Management. The Association shall ensure
communication availability to contact Franklin County 911 Dispatch Center.
XVI
This agreement is subject to the terms and conditions of the lease granted Franklin
County by the United States dated March 26, 2004, DACW 68-1-77-20, and modifications
thereto or any subsequent agreements that the United States and the County may enter into with
respect to the premises. A copy of this agreement shall be on file in the office of the Franklin
County Engineer's Office, Pasco, Washington. In the event said lease is relinquished by the
County or terminated by the Government, this agreement will also be canceled on the effective
date agreed to between the County and the Government.
XVII
This agreement may be amended by mutual agreement of the parties.
XVIII
This agreement may be cancelled by any party upon thirty (30) days written notice to the
other parties to the agreement.
Agreement for Operation of Water Follies Event
page 5
Dated this day of , 2007.
TRI-CITY WATER FOLLIES ASSOCIATION,INC.
BY: S: DATE: —211110-2-2
PRESIDEN
CITY OF P S O
BY: DATE:
GARY CR TCH LD ITY NAGER
APPROV D AS TO FORM:
a
BY- DATE:
LELAND B. KERR, CITY ATTORNEY
BOARD OF COUNTY COMMISSIONERS,FRANKLIN COUNTY, WASHINGTON
ABSENT"
BY: DATE:
ROBE OCH, CHAIR
B DATE:
NEVA J. CORKRU , CHAIR PRO TEM
BY: DATE: L� l • .
RICK MILLER, MEMBER
APPROVED AS TO FORM:
BY: 22 DATE:
Ryan E. VMhulp, ief Civil Deputy Prosecutor
ATTEST:
BY: J Gfi/ DATE: 0 7 4-- .2 G Q 7
Clerk of the 40rd
Agreement for Operation of Water Follies Event
page 6
s
FRANKLIN COUNTY RESOLUTION NO. U 1.17 3 3 3
BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY,
WASHINGTON
RE: AGREEMENT FOR OPERATION OF WATER FOLLIES EVENT FOR
2007-2009 BETWEEN THE CITY OF PASCO, TRI-CITY WATER FOLLIES
ASSOCIATION AND FRANKLIN COUNTY
WHEREAS, the Tri-City Water Follies Association has applied for the right to conduct
the 2007, 2008 and 2009 Columbia Cup Unlimited Hydroplane Races on water adjacent
to certain City and County lands and needs the temporary use of such lands for said
activity; and
WHEREAS, this activity is planned for the enjoyment of the general public; and
WHEREAS, pursuant to R.C.W. 36.01.010 and R.C.W. 36.32.120 the legislative
authority of each county is authorized to enter into contracts on behalf of the County and
have the care of County property and management of County funds and business; and
WHEREAS, the Board of Franklin County Commissioners constitutes the legislative
authority of Franklin County and desires to enter into this arrangement as being in the
best interest of Franklin County;
NOW, THEREFORE,BE IT RESOLVED the Franklin County Board of
Commissioners hereby approves the attached Agreement for Operation of Water Follies
Event for 2007-2009 between the City of Pasco, Tri-City Water Follies Association and
Franklin County.
APPROVED this I I"day of July 2007.
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
ABSENT
Robert E. Koch, Chair
I
Attest: ev J. Cor air ro Tem
Clerk to P Board Rick Miller, Member
Originals: Auditor cc: Benton-Franklin Health Department
City of Pasco Franklin County Prosecuting Attorney
Tri-Cities Water Follies Association Franklin County Public Works
(I:Reso120071Agreecnent Water Follies.doc) 12,., �
TRI-CITY WATER FOLLIES AGREEMENT
SCHEDULE 1: 2007 RACE
The Tri-City Water Follies Association may collect donation fees at admission gates between the
hours of 5:OOam and 6:00pm on Saturday, July 28, and Sunday, July 29, 2007 as specified
below:
Donation Fee
Weekender Pass (Sat/Sun) $25
Saturday, July 28 $15
Sunday, July 29 $25
Children ages 6 — 12 $ 5/day
Children under 6 Free
The Tri-City Water Follies Association may assess parking fees up to $10 per vehicle
Agreement for Operation of Water Follies Event
page 7
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Amendment No. I to
Agreement for Operation of Water Follies Event
2007—2009 1) S 19 7
This Amendment to that certain Agreement which is dated the 11`h day of July 2007, anion
Franklin County, the City of Pasco and the Tri-City Water Follies Association, is made this
day of July 2008.
Whereas, the parties have determined that an amendment to the Agreement is warranted,
now, therefore, and in consideration of the mutual covenants contained therein, it is agreed to
amend said Agreement, Section X11, to read as follows:
The Association agrees to maintain and pay for general liability insurance coverage
through American Boat Racing Association (ABRA) at all times hereof insuring the Association,
the County and the City, such insurance to afford protection of a limit of not less than
$5,000,000.00.
The Association agrees to require liquor liability insurance and general liability insurance
for the company with which it contracts for the fenced area commonly known as "the beer
garden" and for the company with which it contracts for the fenced area commonly known as
"Margaritaville" (spirituous liquor service), such insurance to afford protection to a limit of not
less than $2,000,000.00. The Association, the City, and the County shall be named as additional
insureds on the policies.
The Association agrees to require general liability insurance from each company with
which it contracts as a vendor, such insurance to afford protection to a limit of not less than
$2,000,000.00. The Association, the City, and the County shall be named as additional insureds
on the policies.
Copies of the above insurance will be delivered to the City by the Association at least 14
days before the day race time trials are to be held.
All remaining provisions of the Agreement shall remain in full force and effect.
This Amendment approved by the parties to the Agreement, the day and year first written above:
TRI-CITY WATER FOLLIES ASSOCIATION, INC.
BY: DATE:. -7—a3-00
PREJIN T
C ITY OF PAS
BY: DATE:
GARY CR TCHFIEL , CIT MANAGER
i
APPROVED AS TO FORM: 1 0 0 8 297
BY:
DATE--71V-[05
LELAND B. KERR, CITY ATTORNEY
BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON
BY: DAT LXDOES
ROBERT E. KOCH, CHAIR
BY• DAT .
RICK MILLER, CHAIR PRO-TEM
BY• DATE. G�
N J. COR M, MEMBER
APPROVED AS TO FORM:
BY: DATE: CJ)1-2-2 cam$
RYAN E. V RH LP. CHIEF CIVIL DEPUTY PROSECUTOR
ATTEST:
BY: DATE:_
CLERK OF E.BOARD
Amendment No. 1 to Water Follies Agreement—2007-2009
Page 2 of 2
� uu8 97
FRANKLIN COUNTY RESOLUTION NO.
BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY,
WASHINGTON
RE: AMENDMENT NO. 1 TO THE AGREEMENT FOR OPERATION OF
WATER FOLLIES EVENT FOR 2007-2009 BETWEEN THE CITY OF
PASCO, TRI-CITY WATER FOLLIES ASSOCIATION AND FRANKLIN
COUNTY, THUS, AMENDING FRANKLIN COUNTY RESOLUTION
2007-333
WHEREAS, Franklin County Resolution 2007-333 approved the agreement between the
City of Pasco, Tri-City Water Follies Association and Franklin County for the operation
of the 2007, 2008 and 2009 Water Follies Columbia Cup Unlimited Hydroplane Races;
and
WHEREAS, the Tri-City Water Follies Association requested approval to decrease the
liquor liability insurance from$5,000,000 to $2,000,000; and
WHEREAS, pursuant to R.C.W. 36.01.010 and R.C.W. 36.32.120 the legislative
authority of each county is authorized to enter into contracts on behalf of the County and
have the care of County property and management of County funds and business; and
WHEREAS, the Board of Franklin County Commissioners constitutes the legislative
authority of Franklin County and desires to enter into this arrangement as being in the
best interest of Franklin County;
NOW, THEREFORE, BE IT RESOLVED the Franklin County Board of
Commissioners hereby approves Amendment No. 1 to the Agreement for Operation of
Water Follies Event for 2007-2009 between the City of Pasco, Tri-City Water Follies
Association and Franklin County, thus, amending Franklin County Resolution 2007-333.
APPROVED this 23rd day of July 2007.
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
4-M4-,.I"/
Robert E. Koch, Chair
Attest: Rick , Chair Pro Tern
te
Cler to e Board Ova-j. C0991 Member
Originals: Auditor cc: Benton-Franklin Health Department
City of Pasco Franklin County Prosecuting Attorney
Tri-Cities Water Follies Association Franklin County Public Works
(I:Resol2008',Agreement Water Follies Amendment l.doc) ��