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HomeMy WebLinkAboutConcerts on BroadwayMEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO 2018 CONCERTS ON BROADWAY This MEMORANDUM OF AGREElU NT FOR CONTRIBUTION TO CONCERTS ON BROADWAY ("Agreement") is made this day of f&va ,_, 20!_L ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts; WHEREAS, in the summer of 2018, the Meridian Arts Commission will present Concerts on Broadway, a series of live, outdoor performances to be held in the Meridian City Hall plaza; and WHEREAS, MDC is willing to contribute to City ten thousand dollars ($10,000.00) toward expenses related to the presentation of the Concerts on Broadway series; 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. CITY'S RESPONSIBILITIES. A. Concert production. Between May 31, 2018 and September 30, 2018, City agrees to present four (4) free outdoor concerts at Meridian City Hall plaza as part of the 2018 Concerts on Broadway series. Such concerts will include live musical performance, and may include an opening act, food vendor(s), amplified sound, and limited chair seating. The selection of staff and/or vendors for Concerts on Broadway shall be made by City. B. Publicity. City shall publicize the 2018 Concerts on Broadway series, which publicity may include distribution of information via written and broadcast media, social and online media, e-mail, posters, and a banner displayed at Meridian City Hall. Decisions regarding the time, place, and manner of such publicity shall be made by City. C. Acknowledgment of sponsorship. Though the amount contributed by MDC would typically allow MDC to be acknowledged as a title sponsor of the 2018.Concerts on Broadway series, MDC's desire is to be acknowledged as a Tier 1 sponsor (or like designation). As such, MDC shall be entitled to recognition as "sponsored by," and have the MDC logo printed on all event marketing materials where sponsors' logos are printed. D. Invoice MDC. City shall provide one (1) invoice to MDC by January 19, 2018, in the amount of ten thousand dollars ($10,000.00), and City shall use such amount for the payment of expenses related to the production of Concerts on Broadway. MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 1 OF 3 termination or breach, and MDC shall not be entitled to pro -rata or other reimbursement in such circumstance. E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of the Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its officers, agents, consultants, and employees from and against any and all liability, claims, losses, actions, or judgments, costs and fees, including any costs and attorney's fees incurred therein, for damages, losses, or injury to entities, persons or property for any act, error, or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers, employees, contractors, or agents related to or connected with this Agreement. F. Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. MERID N DEVELOPMENT CORPORATION: SIGNATURE D VID WINIEk.,VtC'V-- C44-P4RftA0 Bl kPKINTNAME, TITLET CITY OF MERIDIAN: Attest: SIGNATURE Attest: Rp1 t u AC0GST ay *derd, Mayor -Fw IDIgN4. Z AHO m SEAL BY(PRINTN E, ITLh)- MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 3 OF 3