HomeMy WebLinkAboutCoastline Equipment Public Works Week Heavy Equipment RodeoLICENSE AND INDEMNITY AGREEMENT
with
Coastline Equipment
for the
2019 PUBLIC WORKS WEER MINI HEAVY EQUIPMENT RODEO
+-
This LICENSE AND INDEMNITY AGREEMENT is made this, -,1 day of, 2019
("Effective Date"), by and between Coastline Equipment whose address is 2000 E. Oven d
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 12, 2019 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 Hall 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 and mutual covenants, agreements, and
inducements contained herein, the parties hereby agree as follows:
I. SCOPE OF 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
equipment 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. Term of ficense. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 12, 2019,
along with sufficient time to set up and tear down immediately before and after the time period
set forth herein.
II. INDEMNIFICATION; INSURANCE.
A. Indemnification. In consideration of Licensee's fee -free access to and use of Property,
LICENSE AND IDE.MNITYAGRFEMF_.NT Page 1 of 5
Meridian City Council Meeting Agenda May 21, 2019 – Page 211 of 576
Meridian City Council Meeting Agenda May 21, 2019 – Page 212 of 576
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 farther 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 from its attorney and/or has received the opportunity to
seek such advice.
I. Applicable 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.
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
Mon Sever
Branch Manager
CITY OF MERIDIAN:
Tammy de rd, Mayor
�Q0VtATED,4
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Attest m s �OgHO
City Clerk �ti, EAL
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LICENSE AND IDEMNITYAGREEMENT Page 4 of 5
Meridian City Council Meeting Agenda May 21, 2019 – Page 214 of 576
Page 1 of 2
Mayor Tammy de Weerd
City Council Members:
Joe Borton
Treg Bernt
Genesis Milam
Luke Cavener
Ty Palmer
Anne Little Roberts
Public
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Dinae Kerr– Asset Management Specialist
DATE: May 21, 2019
SUBJECT: MINI HEAVY EQUIPMENT RODEO AGREEMENT WITH COASTLINE
FOR PUBLIC WORKS WEEK EXPO 2019
I. RECOMMENDED ACTION
A. Move to:
1. Approve the License and Indemnity Agreement with Coastline for the Mini Heavy
Equipment Rodeo
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Dinae Kerr, PWW Expo Chair 489-0380
Kristina Keith, PWW Expo Sub-Chair 489-0338
Susie Deardorff, PW Admin Division Manager 489-0361
III. DESCRIPTION
A. Background
For the past five years, the Mini Heavy Equipment Rodeo has been a focal point of
the Public Works Week Expo. This year, we are working primarily with Coastline
to keep the tradition alive by having a Mini Heavy Equipment Rodeo at the Expo.
Meridian City Council Meeting Agenda May 21, 2019 – Page 215 of 576
Page 2 of 2
IV. IMPACT
A. Strategic Impact:
The City Hall east parking lot will be closed for the expo and the mini heavy
equipment rodeo. The rodeo will take place in the center of the parking lot, and will
be roped off using traffic cones and caution tape. The equipment will be live and
operational, so it can be quickly moved, if necessary.
B. Fiscal Impact:
License and Indemnity Agreement $0.00
V. ALTERNATIVES
A. The City could choose not to sign the License and Indemnity Agreement with
Coastline; this will prevent the Mini Heavy Equipment Rodeo at City Hall.
VI. TIME CONSTRAINTS
Council’s approval will allow for the timely return of the signed license agreement
to Coastline. This will allow Coastline to prepare properly for the Mini Heavy
Equipment Rodeo.
VII. LIST OF ATTACHMENTS
A. License and Indemnity Agreement (Rodeo)
Approved for Council Agenda: ______________
Date
Meridian City Council Meeting Agenda May 21, 2019 – Page 216 of 576