Loading...
HomeMy WebLinkAboutTri-City Water Follies Assoc - Operate Water Follies Event 2016 - 2020AGREEMENT FOR OPERATION OF WATER FOLLIES EVENT (2016-2020) This agreement is made and entered into this Z qday of /plf>' , 2016, between 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 2016-2020 Columbia Cup Unlimited Hydroplane Races on water adjacent to certain City 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: For the years 2016-2020, the City grants to the Association the temporary use of the property for the periods defined in Section VIII of this agreement and Schedule "I", 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. This agreement may be extended for an additional 5 year period by request of either party. 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 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. Id �C - IV A traffic and crowd control plan will be submitted to and shall have the written approval of the 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 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 Administrative and Community Services Director and Facilities Manager 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 Five Hundred Dollars ($1,500) with the Administrative and Community Services Director, 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. If, prior to the race, the City of Pasco Fire Chief requires 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 3:00 p.m. the Thursday before the race, to 9:00 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, State and local laws and regulations. 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, color, religion, age, sex, national origin or disability. 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, Agreement for Operation of Water Follies Event page 3 and the City, such insurance to afford protection of a limit of not less than $5,000,000.00. The City shall be named as a certificate holder on the general liability insurance. Certificates of coverage shall be provided to the City as described below. 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 "Margarita Village" (spirituous liquor service). Such insurance shall afford protection to a limit of not less than $1,000,000.00 per claim, and $2,000,000.00 aggregate. The Association and the City shall be named as additional insureds on the policies. The City shall be named as a certificate holder. Certificates of coverage shall be delivered to the City as provided below. 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 $1,000,000.00 per claim, and $2,000,000.00 aggregate. The Association and the City shall be named as additional insureds on the policies. The City shall be named as a certificate holder. Certificates of coverage shall be delivered to the City as provided below. Copies of the certificates of coverage shall be delivered to the City by the Association at least fourteen (14) days before the day race time trials are to be held. XIII 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 City roads and rights-of-way south of Court Street and east 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 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 upon such claims and shall pay any and all judgments that may be recovered against the City upon such actions. Venue shall be in Franklin County. General Provisions. For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. The Association shall provide the Administrative and Community Services Director and the Facilities Manager, or such other persons as designated by the Administrative and Community Services Director, passes for the purpose of inspections for compliance with the agreement. Agreement for Operation of Water Follies Event page 4 XIV 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. The Association also agrees to assist with cost of onsite EMT's, including an on-site Rescue Boat, at a cost of $1,500 per year made payable to the City of Pasco prior to the event. This section is subject to amendment each year, if necessary. K"V This agreement is subject to the terms and conditions of the lease granted City of Pasco by the United States dated July 29'' 2009, W912EF-1-04-13, and modifications thereto or any subsequent agreements that the United States and the City may enter into with respect to the premises. A copy of this agreement shall be on file in the office of the Pasco City Clerk, Pasco, Washington. In the event said lease is relinquished by the City or terminated by the Government, this agreement will also be canceled on the effective date agreed to between the City and the Government. XVI This agreement may be amended by mutual agreement of the parties. XVII This agreement may be cancelled by any party upon thirty (30) days written notice to the other parties to the agreement. Dated this day of by '2016. TRI -CITY WATER FOLLIES ASSOCIATION, INC. B ' Date: � o nt irector CITY OF PASCO By: id, Date: 3`2Z—/& Rick Terway, Dir r, Admin & Comm Services APPROVED AS TO FORM: BY Date: 3' Zl -1c)(6 Leland B. Kerr, City Attorney Agreement for Operation of Water Follies Event page 5 Schedule 1 TRI -CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2016 RACE The Tri -City Water Follies Association may collect donation fees at admission gates between the hours of S:OOam and 6:OOpm on Saturday, July 30, and Sunday, July 31, 2016 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 TRI -CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2017 RACE The Tri -City Water Follies Association may collect donation fees at admission gates between the hours of S:OOam and 6:OOpm on Saturday, July 29, and Sunday, July 30, 2017 as specified below: Donation Fee Weekender Pass (Sat/Sun) $25 with a maximum option increase to $30 Saturday, July 28 $15 with a maximum option increase to $20 Sunday, July 29 $25 with a maximum option increase to $30 Children ages 6 — 12 $ 5/day with a maximum option increase to $10 Children under 6 Free The Tri -City Water Follies Association may assess parking fees up to $10 per vehicle TRI -CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2018 RACE The Tri -City Water Follies Association may collect donation fees at admission gates between the hours of S:OOam and 6:OOpm on Saturday, July 28, and Sunday, July 29, 2018 as specified below: Donation Fee Weekender Pass (Sat/Sun) $25 with a maximum option increase to $30 Saturday, July 28 $15 with a maximum option increase to $20 Sunday, July 29 $25 with a maximum option increase to $30 Children ages 6 — 12 $ 5/day with a maximum option increase to $10 Children under 6 Free The Tri -City Water Follies Association may assess parking fees up to $10 per vehicle G)* SU m � V) N 4 X CD m X tv MM w Hartford OM) G) Fruitland 0 W (D 6D ,,dial 81HX3 T 0 EXHISIT "A" 54 Rd. 52 Rd. 49 Rd. 47 Rd. 46 m Rd. 39 I Rd. 44 Rd. 40