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HomeMy WebLinkAboutLicense and Indemnity Agreement with Coastline Equipment for 2016 Public Works Week Mini Heavy Equipment RodeoLICENSE AND INDEMNITY AGREEMENT with Coastline Equipment for the 2016 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO �h This LICENSE AND INDEMNITY AGREEMENT is made this +4 h day of May, 2016 ("Effective Date"), by and between Coastline Equipment whose address is 2000 E. Overland Road, Meridian, Idaho (hereinafter "Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, City is hosting an event at the Meridian City Hall Plaza on June 9, 2016 to celebrate Public Works Week; and WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy equipment rodeo activity in the City flail east parking lot (referred to herein as the "Property"); and WHEREAS, the City of Meridian is willing to allow Licensee a limited license to use Property for this purpose; NOW THEREFORE, in consideration of the recitals andirnutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. SCOPE Oh LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities associated with the mini heavy equipment rodeo, specific activities include the following: Up to two mini excavators will be on site for the public to test their skills at operation of the equiptnent in a competition setting. The setup will include plastic swimming pools filled with water and a "fishing" competition with the bucket and arm of the excavator. The area of operation will be delineated with traffic candles and caution tape for public safety. B. Participant Waiver and Release Required. Licensee shall have each participant execute the "Release and Waiver of Liability Agreement" in form and content substantially similar to that set forth in Exhibit "A" attached hereto and incorporated herein. C. Terin of license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 9, 2016, along with &efficient time to set up and tear down immediately before and after the time period set forth herein. II. INDEMNIFICATION,- INSURANCE. A. Indenuufication. In consideration of Licensee's fee -free access to and use of Property, LICF_,NSF., AND IDEAM117T :1GREITMFNT Page I of 5 Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, adininistrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. I:.,icensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C, Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City, and if City becomes liable for an amount in excess of the insurance limits herein provided, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph and shall file such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising fi•om, growing out of, or in any way connected with or incident to Licensee's use of City's Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. E. As -is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as -is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. LICE SE AND 1DF_,Mt\1ITY AGRETAIENT Page 2 of 5 F. Good faith. Licensee will utilize the Property iii a manner that will best conserve the current condition of the Property. I11. GENERAL, PROVISIONS. A. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. B. Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are not independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. C. Termination. If, through any cause, Licensee fails to comply with the terns of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or of any other applicable taw, ordinance, regulation, or policy, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may immediately terminate this Agreement without the necessity of providing written notice to Licensee of such termination. Notice of for -cause termination shall be effective immediately upon verbal notification by City. D. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. E. Notices. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Public Works Department Attn: Garrick Nelson 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Coastline Equipment 2000 E. Overland Road Boise, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. LICENSE AND IDFMA 17T /I GREENIENT Page 3 of 5 F. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to, the CUP, and further shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. H. Advice of attorney, Each party warrants and represents that in executing this Agreement., it has received independent legal advice froin its attorney and/or has received the opportunity to seek such advice. 1. Applicable law. The laws of the State of Idaho shall govern the validity, interl,)retation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year -first above written. LICENSEE Coastline Equipment Bob Nemec Manager Tai-amy eerd, Mayor City AAT my S Ali Atte, City Clerk TRf AS U LICENSE AND IDEIRVITY A GREEMEYT Page 4 of 5 SAMPLE COASTLINE EQUIPMENT PARTICIPANT LIABILITY WAIVER LICE NSFAND Il.)FA4 MITI',4GRE,rAfEIT Page 5 of 5 COASTLINE Equ���ent Liability Release Farm 2000 East Overland Road, Meridian, ID 83642 (208) 888-3337 Phone (208) 888-3088 Fax Merichan Jerome Lake Fork Name of Business or Organization: Coastline Equipment and City of Meridian Activity or Event: Citv of Meridian Public Works Exposition Equipment Rodeo Participant's Name (Printed) .JOHN DEERE I understand that participation in the above Activity or Event may be hazardous for the above-named participant. In signing below, I assume risk of harm or injury which may occur to the participant as a result of participating in the above-named event or activity. I hereby release (business or organization name) Coastline Equipment and the City of Meridian and their officers, employees, or agents from any liability, costs and damages resulting this individual's participation. If the participant is a minor: I agree that the minor has my consent to participate in the event or activity. I also give my consent for the business or organization to seek emergency treatment for the minor if necessary, and I agree to accept financial responsibility for the costs related to this emergency treatment. Participant's signature / Date Name of Parent or Guardian Signature of Parent/Guardian / Date DAT A+�C7!RL70 CERTIFICATE OF LIABILITY INSURANCE 05/166/2016/2016 D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUYE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sentry Customer Service PHONE FAX A/C No Ext : 800-447-0633 A/C No): 888-533-7827 Sentry Insurance Company 1800 North Point Drive Stevens Point, WI 54481 EMAIL ADDRESS: businessproducts ssdo@sentry.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: SENTRY SELECT INSURANCE COMPANY 21180 INSURED INSURER 8: INSURER C: COASTLINE EQUIPMENT 6188 PARAMOUNT BLVD LONG BEACH, CA 90805 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 0514 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE APDL INSR SUER WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 500,000 DAGE TOCLAIMS-MADE PREM SES (EaEoccu encs) $ 100,000 a OCCUR MED EXP (Any one person) $ 5,000 A 24-25473-01 10/01/2015 10/01/2016 PERSONAL & ADV INJURY $ 500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,500,000 PRODUCTS - COMP/OP AGG $ 1,500,000 X POLICY %oi EILOC $ OTHER: AUTOMOBILE LIABILITY CEOs aacideDISINGLE LIMIT $ 500,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ A AUTOWNED SCHEDULED HIRED AUTOS NON -OWNED AUTOS 24-25473-01 10/01/2015 10/01/2016 PPOPER, DAMAGE $ X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 15,000,000 A X EXCESS LIAB CLAIMS -MADE 24-25473-01 10/01/2015 10/01/2016 DED I I RETENTION $ PRODUCTS - COMP/OP AGG $ 15,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN NIA H STATUTE EOR E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Refer to attached (:FRTIFIRflTE HOLDER CANCELLATION CITY of MERIDIAN 33 E BROADWAY AVE MERIDIAN; ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REEPPENENTATIVE ACORD 25 (2014/01) 2425473 0514 1 00001 0000000000 16137 0 N Page 1 of 2 U 1988-2014 AGURU CORPORA I iON. An rights reserved. The ACORD name and logo are registered marks of ACORD 05116/2016 OD8C8B80-EO34-4EC8-8D84-DF77706EC713 AC"R" i6.� ' AGENCY CUSTOMER ID: _ LOC #: — ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Sentry Insurance Company NAMED INSURED COASTLINE EQUIPMENT POLICY NUMBER 24-25473-01 CARRIER NAIC CODE EFFECTIVE DATE: 10/01/2015 AnnITIf1NAI RpMARtCS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Description of Operations / Locations / Vehicles EVENT DATES: FROM 06/06/2016 THROUGH 06/13/2016, CITY OF MERIDIAN IS NAMED AS ADDITIONAL INSURED. ACORD 101 (2008/01) 2425473 Insurance © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 05/16/2016 SENTRY SELECT INSURANCE COMPANY THE SENTRY PLAN STEVENS POINT WISCONSIN POLICY (A PARTICIPATING STOCK COMPAN A MEMBER OF THE SENTRY FAMILY IF INSURANCE COMPANIES GENERAL LIABILITY DECLARATIONS NAME INSURED: COASTLINE EQUIPMENT ADDITIONAL INSURED SCHEDULE POLICY NUMBER 24-25473-10 The following information is required to complete the accompanying additional insured endorsement which forms a part of the Named Insured's COMMERCIAL GENERAL LIABILITY COVERAGE PART. ADDITIONAL INSURED CITY OF MERIDIAN 33 E BROADWAY AVE MERIDIAN ID 83642 (CERTIFI6ATE NUMBER CG 89 01 11 85 (MECH) 0514 ) COA 24-25473-10 40 160 05-16-2016 ('000 0514) ENDORSEMENT EFFECTIVE CG 20 26 04 13 FROM FEBRUARY 12, 2016 TO OCTOBER 01, 2016 FOR ENDORSEMENT TEXT COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 POLICY NUMBER: 24