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HomeMy WebLinkAboutCity of Meridian and Together Treasure Valley Donation Agreement Cornhole Amenity Settlers Park (Signature Needed from Together Treasure Valley) Sent up to Pariks 10-27 Item#11. Mayor Robert E. Simison E11[ IDLIAN�� City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H 0 Luke Cavener Liz Strader October 19, 2021 MEMORANDUM TO: Mayor Robert Simison & City Council Members FROM: Steve Siddoway, Parks & Recreation Director RE: Together Treasure Valley Grant Background Earlier this summer, we had the opportunity to apply for a grant from Together Treasure Valley to add permanent cornhole boards in Settlers Park. We were recently notified by Together Treasure Valley that the project was selected for funding, with a $9,500 grant. They would like to present the check and announce the award for all grant recipients on October 28. For more details,the application text is included below. The fund recipient agreement has been reviewed and approved by the Legal department. Proposal We propose to approve the Together Treasure Valley Fund Recipient Agreement and a budget amendment to add those funds to our budget. Additional Details from the Application The Meridian Parks and Recreation Department would like to request Together Treasure Valley funding for a proposed new cornhole amenity which would enhance the recreation opportunities available to Treasure Valley families and residents of all ages in Meridian's Settlers Park, located at 3245 N. Meridian Road. Settlers Park is a 58-acre regional park centrally located in north Meridian, right in the heart of the Treasure Valley. It is heavily utilized by youth and teen athletic teams due to its large number of grass playing fields. It is also home to the award-winning all-abilities Adventure Island Playground, a large splash pad, a tennis/pickleball complex,fishing pond, children's sound garden, tournament-caliber horseshoe pits, and a concession stand and restroom.A number of large community events are also held at the park, including popular summertime Friday night movie showings on a gigantic inflatable outdoor movie screen. Page 176 Item#11. With your funding assistance, we would like to expand the park's outdoor activity offerings by installing five sets of permanent concrete cornhole courts in Settlers Park.The cornhole courts could be utilized on a first-come,first-served basis by the public and/or be used for occasional league or tournament play. Players could bring their own corn-filled "beanbags"to play with and we could also have bags available for check-out from our concession stand during its regular hours of operation. For anyone who might be unfamiliar with the game of cornhole (sometimes known as bags, sack toss, or bean bag toss), it is a backyard style lawn game in which players take turns tossing 16-ounce bags of corn kernels at a gently sloped platform with a hole in the far end.The two boards which comprise a cornhole "court" are placed approximately 27 feet apart (regulation distance). A bag in the hole scores 3 points, while one that lands on the board scores 1 point. Play continues until a team or player reaches or exceeds the score of 21. Cornhole can be played solo, but it generally intended for 2 to 4 players. It is a popular game enjoyed by people of all ages. We have identified Kay Park and Recreation, a provider of outdoor commercial and park furnishings, as the best source of concrete cornhole boards that are ACA(American Cornhole Association) regulation size and slope.The logos of Together Treasure Valley and the City of Meridian could be added to each concrete board to personalize them. We would also want to install a sign introducing the cornhole amenity and the rules for its use. In all, we are requesting a grant of$9,500,the full price of the project,to purchase the cornhole boards and sign. Additional funding for this project is not readily available through the City of Meridian or any other sources at this time. If approved for this purchase, we would order the concrete cornhole boards and sign right away and they could be installed by members of the Meridian Parks and Recreation Department's maintenance staff, most likely within 4-6 weeks after the initial order is placed. We feel this cornhole amenity would benefit Treasure Valley residents in a variety of ways.We believe people are social creatures. We thrive amongst company; we like to be surrounded by friends and acquaintances, and enjoy meeting new people. Games such as cornhole bring people together and meet their social needs,their health and fitness needs, and their occasional need for good-natured competition. It has been suggested that when people play games such as cornhole and focus on strategies to win the game,they utilize productive thinking, which can boost cognitive skills and improve confidence. Plus, cornhole is a low-cost or no-cost activity that individuals of nearly all fitness levels, ages and abilities can take part in. Compared to other sports and games, cornhole also has very few rules and is easy to understand. The Meridian Parks and Recreation Department is committed to helping the approximately 130,000 residents of Meridian, Idaho, enjoy high quality living, complete with opportunities to experience outstanding recreation activities and park facilities that help them stay healthy and fit; build relationships with family,friend and neighbors; and develop a deep sense of community pride. We're confident this new addition to Settlers Park, centrally located in the heart of the valley, would truly be an asset that would be used and enjoyed by residents and visitors of all ages for many, many years to come. Page 177 DONATION AGREEMENT TO SUPPORT A NEW CORNHOLE AMENITY IN MERIDAN'S SETTLERS PARKS BY AND BETWEEN THE CITY OF MERIDIAN AND TOGETHER TREASURE VALLEY This Agreement for the acceptance of funds for the purchase,installation,and maintenance of five sets of permanent concrete cornhole courts and related signage ("Amenity") in Settlers Park,located at 32425 N.Meridian Road,Meridian,Idaho,("Agreement"),by the City of Meridian ("City") is made this 5th day of November, 2021,by and between the City and Together Treasure Valley, an Idaho Communities Initiative ("TTV") (collectively"The Parties"). WHEREAS, the City desires to add a new Amenity in Settlers Park to enhance the recreation opportunities available to Treasure Valley families and residents of all ages, on a first-come, first- served basis by the public and/or to be used for occasional league or tournament play. WHEREAS,TTV supports the creation of the new Amenity in Settlers Park and desires to donate funds toward the Amenity, the development and installation of which shall be the sole and exclusive responsibility of the City; WHEREAS,the funds donated by TTV shall be paid to the City,to purchase, install and maintain the Amenity. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and TTV agree as follows: 1. DONATION OF FUNDS BY TTV. TTV will donate nine thousand, five hundred dollars ($9,500.00) (hereinafter "Donation") to support the addition of the new Amenity in Settlers Park per the terms set forth in this Agreement. These funds will be paid to City for the new Amenity and are the full and only amount of the funds to be provided by TTV. Any costs greater than the amount TTV is providing, are not the responsibility of TTV, regardless of the nature of the costs, which are the sole responsibility of the City. TTV is not liable for and has no responsibility for the Amenity or any related costs, damages, claims, fines, losses, or other liabilities. 2. FACILITIES. The parties agree that Settlers Park is an appropriate location for the Amenity. City shall provide TTV with regular updates on the development of Amenity. TTV agrees and understands that the City retains sole discretion in the design, development, construction, maintenance, and operation of the facilities. 3. TERM. This Agreement shall commence upon execution of this Agreement and does not expire,unless agreed to in writing by both parties. 4. PROPERTY INTEREST NOT CREATED. Parties agree that this Agreement shall in no manner create any property interest in the facilities or associated properties by TTV.City retains all rights with respect to the facilities and operation thereof except as expressly provided herein. 5. TTV RECOGNITION. In consideration for the Donation toward the new Amenity, the Parties agree that TTV will be included in a City press release and kick-off announcement of the Amenity. TTV logo and City logo will be added to each concrete board to personalize them. City will also install a sign,recognizing TTY's donation and introducing the Amenity and the rules for its use. Use of the TTV logo is pursuant to TTV's logo guidelines. In addition, this Agreement and funding is contingent on the following: -Completion of the new Amenity no later than June 2022. -The new Amenity, including signage and TTV recognition,will be maintained for a minimum of ten years. -TTV logos may only be used by the City in accordance with the terms set forth above and TTV's guidelines. 6. INDEMNIFICATION. City agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless TTV, Idaho Statesman, TTV sponsors, McClatchy Shared Services, LLC, and The McClatchy Company, LLC, and their affiliates, officers, directors, agents, employees,donors and/or representatives("TTV Indemnities")from any and all liability,damages and/or claims which may be brought against TTV Indemnitees for any claim, damages, losses, fines, settlements, judgments, rulings, costs (including attorneys' and other legal expenses) intentional acts,negligence, and/or omission in connection with this Agreement, including but not limited to any construction delays, injuries or property damage,violations of law, or breach of this Agreement. 7. TERMINATION AND REFUND. TTV may terminate this Agreement and obtain a refund of the Donation,or any amounts donated by TTV within thirty(30)days upon written notice to the City if the City does not meet the terms or timelines as outlined in this Agreement. City may terminate this Agreement if unable to meet the terms of the Agreement and written notice is given to TTV by December 1, 2021. Should either party terminate this Agreement as provided herein, City shall refund to TTV the entire Donation, or any amount collected from TTV under this Agreement within thirty(30) days after such termination or expiration of the Agreement. 8. ENTIRE AGREEMENT and AMENDMENT. This Agreement constitutes the entire agreement of the parties and is the complete and exclusive agreement between the Parties. This Agreement shall not be amended and/or altered except by mutual written consent, executed by City and TTV. 10. NOTICE. All notices under this Agreement shall be in writing via certified or overnight mail to the Party's last known address. 11. SEVERABILITY, WAIVER AND ATTORNEY'S FEES. This Agreement and any Addenda make up the entire agreement between the Parties. In the event any part of this Agreement is invalidated by reason of law or government regulation, the remaining provisions of this Agreement shall remain in full force and effect. No obligation or rights under this Agreement shall be waived except with the written consent of the Party waiving such right. In the event of any dispute arising under this Agreement, the prevailing Party shall be entitled to its attorneys' fees. The proper venue for any dispute shall be state or federal courts located in Boise, Idaho, and this Agreement shall be governed by the laws of the State of Idaho. CITY OF MERIDIAN APPROVED BY: Date Date TOGETHER TREASURE VALLEY APPROVED BY: Date Nov 5,2021