HomeMy WebLinkAboutAgreement with Becky Breshears for Youth Farmers MarketPROFESSIONAL SERVICES AGREEMENT FOR EVENT COORDINATION
SERVICES: ONE -DAY YOUTH FARMER'S MARKET EXPO
This PROFESSIONAL SERVICES AGREEMENT FOR EVENT COORDINATION
SERVICES: ONE -DAY YOUTH FARMER'S MARKET EXPO ("Agreement") is made this 8th
day of September, 2015 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City") and Becky Breshears, on
behalf of Fired Up Event Planning LLC, a limited liability company organized under the laws of
the State of Idaho, doing business as Plan Ahead Events — Boise, whose address is 7750 W.
Crestwood Drive, Suite 4, Boise, Idaho ("Promoter").
WHEREAS, City and Promoter are mutually interested in enhancing the Meridian
community's quality of life; enriching the character of downtown Meridian; promoting healthy
eating and locally grown produce; and providing opportunities for members of the Meridian and
greater youth communities to produce and sell fruits, vegetables, and other agricultural or hand-
crafted products;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. PROMOTER'S RESPONSIBILITIES
A. September 10, 2015 event planning and presentation. Promoter shall plan and present
a one -day youth farmer's market expo event ("Expo"), in accordance with the
specifications set forth herein. Promoter shall be responsible for all contractual
arrangements and obligations, financial or otherwise, and shall plan for all logistics and
provide all features of the Expo, including, but not limited to, youth produce vendors,
educational displays, musical performers or music deejay, sound system, food trucks
and/or food and beverage vendors, event security, crowd management, first aid stations,
signs, and extra garbage receptacles.
B. Expo specifications. The Expo shall comply in all respects with each and all of the
following specifications:
The Expo shall be presented at Meridian City Hall plaza, 33 E. Broadway Avenue, in
Meridian, Idaho, on Thursday, September 10, 2015, from 4:30 p.m. to 7:30 p.m.
2. The Expo shall include at least ten (10) youth vendors, selling a variety of products
grown, made, or otherwise produced by such vendors, including, for example, fruit,
vegetables, herbs, baked goods, and crafts.
3. Promoter may not charge youth vendors any registration or other fee to participate in
the Expo. Promoter may not charge vendors who were invited by City any
registration or other fee to participate in the Expo. Promoter may, however, charge
registration or other fees for food trucks or other vendors invited by Promoter to
PROFESSIONAL SERVICES AGREEMENT FOR YOUTH FARMERS' MARKET EXPO PAGE 1 Of 7
participate in the Expo.
4. In addition to the youth vendors, the Expo may feature:
a. Educational displays regarding gardening or agriculture, for example,
composting, soil preparation, etc.;
b. Cooking or food demonstrations;
c. Seed exchange or seed giveaway to help interested youth start gardens;
d. Community Garden representatives offering youth the opportunity to sign up for
garden plots;
e. Food trucks;
f. Music, live performance or deejay; and
g. Applications for youth vendors for Meridian Youth Farmer's Market 2016.
5. The Expo shall be closed promptly at 7:30 p.m., and cleanup shall be completed by
9:00 P.M.
6. All set-up for the Expo shall occur between 2:30 p.m. and 4:15 p.m. on Thursday,
September 10, 2015.
7. Amplified sound shall not exceed sixty-two (62) decibels at the perimeter of the
plaza. Under no circumstances may amplified sound be used after 7:30 p.m.
8. The Expo and all components thereof shall comply in all respects with all conditions
of the applicable City of Meridian Temporary Use Permit and other applicable
permits and permitting requirements, Meridian City Code, and state and federal law.
9. Music played at the Expo, whether live performance or recorded, shall contain
material, and shall be performed or played in such a manner, as shall be appropriate
for all ages, values, and sensibilities. Music shall not include language, attire, and/or
behavior that is profane, sexual, violent, or discriminatory in nature.
10. Promoter shall be on site at the Expo from set-up through tear -down to supervise and
to ensure that use of City facilities, amenities, infrastructure, and/or vegetation is
appropriate and reasonable.
11. The Expo shall be provided to the public at no cost; Promoter may not collect
admission fees for the Expo or any component thereof.
C. Insurance. Promoter shall obtain insurance as set forth below. Proof of such insurance
shall be provided to City by 12:00 p.m. (noon) on September 9, 2015, evidenced by a
certificate of insurance issued by an insurance company licensed to do business in the
State of Idaho and containing a thirty -day notice of cancellation endorsement. Promoter
shall obtain, and shall maintain throughout the term of this Agreement, the following
insurance coverage: Comprehensive general liability insurance with a combined single
limit of not less than one million dollars ($1,000,000) per occurrence for property
damage and bodily injury or death, naming the City of Meridian as an additional insured.
PROFESSIONAL SERVICES AGREEMENT FOR YOUTH FARMERS' MARKET EXPO PAGE 2 of 7
In the event a unilateral cancellation or restriction by the insurance company of the
insurance policy referred to in this paragraph, Promoter shall notify City in writing within
three (3) business days. City has the right to suspend portions of this Agreement in the
City's sole discretion if Promoter's general liability insurance is revoked, cancelled,
expires or Promoter is otherwise without general liability insurance. Promoter shall be
afforded a reasonable time to obtain insurance. If Promoter cannot obtain insurance
within a reasonable time, City may terminate this Agreement.
D. Sponsorship. Promoter may not sell sponsorships of Expo; any and all sponsorships of
Expo shall be sold by, and proceeds retained by, City.
E. Promotion. Promoter shall be responsible for marketing Expo to the public via
broadcast, print, and online promotion. Promoter may, at Promoter's sole expense,
purchase commercial advertising of Expo.
IL CITY'S RESPONSIBILITIES.
A. Stipend and reimbursements. City shall provide payment or reimbursement to
Promoter as follows:
1. Following completion of the Expo, within thirty (30) days of receipt of a complete
W-9 form and invoice, so long as such documents are received by City by September
18, 2015, City shall pay Promoter a stipend of one thousand dollars ($1,000.00).
2. Within thirty (30) days of receipt of proof of insurance as required herein, proof of
payment for such insurance by Promoter, and invoice, so long as such documents are
received by City by 5:00 p.m. on September 4, 2015, City shall reimburse Promoter
for the cost of such insurance, in an amount not to exceed five hundred dollars
($500.00).
3. Within thirty (30) days of receipt of invoice, City shall reimburse Promoter for the
cost of non -City permit fees, in an amount not to exceed five hundred dollars
($500.00).
B. City permitting and reservations. City shall, on behalf of Promotor, obtain a City of
Meridian Temporary Use Permit for the Expo, and shall reserve and make available
Meridian City Hall plaza for the Expo.
C. Promotion. City shall promote Expo via City communication outlets, including the City
newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and
local media and event calendars.
D. Canopies, tables, handwashing stations. City shall provide, for use at Expo, up to
twenty-eight (28) canopies with dimensions of approximately ten feet by ten feet (10' x
10'); up to twenty-eight (28) eight -foot (8') tables for use at Expo; and handwashing
stations, if necessary.
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E. Primary Source of Contact for City. City shall provide Promoter the name, e-mail
address, and telephone number of specific City personnel (hereinafter "City Contact")
who shall serve as City's primary contact between City and Promoter for all day-to-day
matters regarding City's and Promoter's responsibilities under this Agreement.
IV. TERMS AND CONDITIONS
A. Public place. Promoter acknowledges that Meridian City Hall and Meridian City Hall
plaza are public places, and that all members of the public shall be invited to attend Expo.
The public must have general access to City Hall and the plaza at all times, so long as
such access does not unduly interfere with the use of such spaces for the reserved
purposes.
B. Vehicles. Driving or parking vehicles on non -designated driving or parking surfaces
shall be prohibited, with the limited exception of vehicles driven short distances on non-
designated driving surfaces for the purpose of transporting, loading, or unloading
equipment and supplies during set-up or tear -down. Vehicles may not be driven on turf
or landscape areas, unless at the direction of Meridian Parks & Recreation Department
staff.
C. No financial obligation. The parties agree that, other than as specifically set forth
herein, City shall have no obligation to contribute personnel or funding to the planning or
production of Event, and no obligations other than those specifically set forth in this
Agreement.
D. Cancellation. City Contact may, in her sole discretion, elect to cancel Expo, with no
notice to Promoter, where cancellation is in the best interest of City or the public health,
safety, or welfare, due to weather, act of God, unforeseen facility closure, or other reason.
E. Term. This Agreement shall become effective as of the Effective Date upon execution
by both parties, and shall expire on September 30, 2015, unless earlier terminated or
extended in the manner as set forth in this Agreement.
F. Time of the essence. Promoter acknowledges that services provided under this
Agreement shall be performed in a timely manner. The Parties acknowledge and agree
that time is strictly of the essence with respect to this Agreement, and that the failure to
timely perform any of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
G. Notice. Communication between Promoter and the City Contact regarding day-to-day
matters shall occur via e-mail or telephone. All other notices required to be given by
either of the parties hereto shall be in writing and be deemed communicated when
personally served, or mailed in the United States mail, or via e-mail, addressed as
follows:
PROFESSIONAL SERVICES AGREEMENT FOR YOUTH FARMERS' MARKET EXPO PAGE 4 of 7
City:
City of Meridian
Attn: Danyele Jansen van Beek
33 E. Broadway Avenue
Meridian, Idaho 83642
djansenvanbeek@meridiancity.org
becky.breshears@planaheadevents.com
Promoter:
Becky Breshears
Plan Ahead Events
7750 W. Crestwood Drive, Suite 4
Boise, Idaho 83704
H. City policy applies. Promoter shall comply with all City policies and codes applicable to
use of City property and facilities, including, but not limited to, policies of the Meridian
Parks and Recreation Department.
I. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from Meridian City Hall or Meridian City Hall
Plaza, the activities described herein for educational, promotional, and public information
purposes. City shall not be responsible for the actions of persons who are not under its
employment or control.
J. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign
any of its obligations or rights under this Agreement related to or that may relate to
Promoter's professional event planning expertise. Promoter may subcontract or assign
obligations that do not require such expertise, including, but not limited to, such
obligations as transport and set-up of special equipment and/or instruments. Any
subcontractor or assignee shall be bound by all the terms and conditions of this
Agreement.
K. Termination. Either party may terminate this Agreement in whole, or in part, due to
convenience, nonappropriation, or when either or both parties agree that the continuation
of the project is not in the parties' best interest, by providing thirty (30) days written
notice of termination.
L. Non -waiver of breach. A waiver of any breach or default of any provision of this
Agreement shall not be construed as a waiver of a breach of the same or any other
provision hereof.
M. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless
the City and any and all of its employees, agents, volunteers, and/or elected officials from
any and all losses, claims, and judgments for damages or injury to persons or property,
and from any and all losses and expenses caused or incurred by Promoter, its assistants,
servants, agents, employees, guests, and/or business invitees, in connection with this
Agreement or activities related thereto. Promoter acknowledges that provision of the
services described hereunder presents risks, some of which are unknown, and do agree to
assume all such known or unknown risks.
N. Waiver. Except as to rights held under the terms of this Agreement, Promoter shall, and
hereby does, waive any and all claims and recourse against City, including the right of
PROFESSIONAL SERVICES AGREEMENT FOR YOUTH FARMERS' MARKET EXPO PAGE 5 of 7
contribution for loss and damage to persons or property arising from, growing out of, or
in any way connected with or incident the performance of this Agreement, whether such
loss or damage may be attributable to known or unknown conditions, except for liability
arising out of concurrent or sole negligence of City or its officers, agents or employees.
O. Relationship of Parties. Promoter is an independent contractor and is not an employee,
agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or
construed as creating or establishing the relationship of employer and employee between
Promoter and City or any official, agent, or employee of City. Specifically, without
limitation, Promoter understands, acknowledges, and agrees:
1. Except as otherwise set forth herein, Promoter is free from actual and potential
control by City in the provision of services under this Agreement.
2. Promoter is engaged in an independently established trade, occupation, profession, or
business.
3. Promoter has the authority to hire subordinates.
4. Promoter owns and/or will provide all major items of equipment necessary to perform
services under this Agreement.
5. Neither Promoter nor City shall be liable to the other for a peremptory termination of
the business relationship described under this Agreement.
P. Compliance with law. Throughout the course of this Agreement, Promoter shall comply
with any and all applicable federal, state, and local laws.
Q. Nonappropriation. Promoter acknowledges that City is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the
authority of City's statutory mandate.
R. Non -Discrimination. Throughout the course of this Agreement, Promoter shall not
discriminate against any person as to race, creed, religion, sex, age, national origin,
sexual orientation or any physical, mental, or sensory handicap.
S. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written; whether previous
to the execution hereof or contemporaneous herewith. The terms of this Agreement may
not be enlarged, modified or altered except upon written agreement signed by both parties
hereto.
T. Costs and attorneys' fees. If either party brings any action or proceedings to enforce,
protect or establish any right or remedy under the terms and conditions of this
Agreement, the prevailing party shall be entitled to recover reasonable costs and
attorneys' fees, as determined by a court of competent jurisdiction, in addition to any
other relief awarded.
PROFESSIONAL SERVICES AGREEMENT FOR YOUTH FARMERS' MARKET EXPO PAGE 6 of 7
U. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
V. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
W. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
X. Successors and assigns. All of the terms, provisions, covenants and conditions of this
Agreement shall inure to the benefit of, and shall be binding upon, each party and their
successors, assigns, legal representatives, heirs, executors, and administrators.
Y. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
not be construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 8tb
day of September, 2015.
PR 7A 7
Becky Breshears, Man ger
Plan Ahead Events -- Boise
CITY OF MERIDIAN:
Tammy de
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Mayor "� SEAL,
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Jaycee
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