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HomeMy WebLinkAboutMOU with Meridian Speedway for Joint Presentation of July 4, 2009 Event MEMORANDUM OF UNDERSTANDING BETWEEN CI'T'Y OF MERIDIAN AND MERIDIAN SPEED~~AY REGARDING JOINT PRESENTATION OF JI1I_,Y 4, 2009 E~~ENT Tliis MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made this ~~~ day of June, 2009 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Hwy 16, LCC, dba Meridian Speedway, a limited liability company organized under the laws of the State of Idaho (hereinafter "Speedway"). WHEREAS, City and Speedway are mutually interested in enhancing recreational, entertainment, and special event opportunities within the Meridian commmunity, particularly as it relates to the community's celebration of Independence Day; WHEREAS, Storey Park, a public park held by the City of Meridian located on the northeast corner of Main Street and Franklin Road in Meridian, Idaho, and the Meridian Speedway, a private facility located at 335 S. Main Street in Meridian, Idaho, are adjacent properties, thereby producing an opportunity for citizens to enjoy diverse recreational opportunities in one general location; WHEREAS, City and Speedway recognize that through their cooperation, the parties' adjacent facilities and respective efforts can be used together to provide a larger, longer, and more advantageous event than either facility or party can provide separately; WHEREAS, the parties intend to work in this cooperative spirit to plan, publicize, and execute an event with activities for the public in both Storey Park and the Speedway on July 4, 2009; WHEREAS, the parties seek by this MOU to describe the parties' respective commitments and intentions, both to clarify such commitments and intentions as they relate to the July 4, 2009 event, and also to prepare a framework for future cooperative events as the parties may jointly desire; WHEREAS, City and Speedway find that it is fiscally responsible and in the best interest of the community to sharing the costs and benefits of the July 4, 2009 event as set forth herein; NOW, THEREFORE, in consideration of the mutual understandings herein contained, and in consideration of the recitals above, City and Speedway agree as follows: I. CITY'S COMMITMENTS A. Monetary Contribution. City shall commit $6,500.00 for the purpose of purchasing fireworks to be discharged on July 4, 2009 in the fireworks display to be presented by Fireworks and Stage FX of America from inside the Speedway. City will remit this amount directly to Fireworks and Stage FX of America, whose address is P.O. Box 488, Lakeside, California 92040. B. Public Special Event in Storey Park. City shall plan and present a special event with a schedule of activities to be open to the public in Storey Park on July 4, 2009, from approximately 1:00 p.m. to 9:00 p.m. City shall budget approximately three thousand five hundred dollars ($3,500.00) for this event, which is projected to include four (4) bands, artistic MOU BETWEEN CTI'Y AND SPEEDWAY -JULY 4, 2009 EVENT PAGE 1 OF 6 perfoi7nances, inflatable recreational equipment, and a climbing wall, as well as event infi-asti-ucture to include a sound system, stage, generator, and portable toilets. C. Promotion of Event. City shall promote the July 4, 2009 event in its promotional materials, including the City newsletter, City website, and banners to be placed in Storey Park. In such materials the City will reference the activities available at the Speedway as part of such event. D. Post-Event Review. City agrees to meet with Speedway between July 6, 2009 and September 1, 2009 in order to review the event, discuss any problems that may have arisen, and identify possible changes for an improved joint Independence Day event on July 4, 2010. II. SPEEDWAY'S COMMITMENTS A. Presentation of Public Fireworks Display. Speedway will present a public fireworks display on July 4, 2009 shortly after dark, i.e., at approximately 10:00 p.in. This coininitinent shall include the following: 1. Speedway shall engage Fireworks and Stage FX of America to present the public fireworks display on July 4, 2009. 2. Speedway shall contribute at least three thousand five hundred dollars ($3,500.00) to the presentation of the public fireworks display. Speedway shall remit this amount directly to Fireworks and Stage FX of America. 3. The public fireworks display shall be staged and executed inside the Speedway facility, but shall include aerial fireworks that shall be visible from Storey Park. 4. Speedway shall obtain, or shall ensure that Fireworks and Stage FX of America has obtained, all necessary permits for such display, including, but not necessarily limited to, a City of Meridian Public Fireworks Display Permit. City shall not waive the fee for such permit as such fee is established by state law. B. Promotion of Event. Speedway shall promote the July 4, 2009 event in its promotional materials, including its racing schedule, and in such materials will reference the activities available at Storey Park as part of such event. Speedway shall not utilize the City of Meridian logo without the express, written permission of the City of Meridian Mayor's Office. C. Emergency Medical Services and First Aid. On July 4, 2009, Speedway shall allow City and its employees, agents, and invitees, including members of the public participating in the special event activities in Storey Park, to utilize all emergency medical services and first aid services that are provided at the Speedway site, on an as-needed and/or as-available basis. D. Volunteer Personnel for Storey Park Activities. Speedway shall provide five (5) volunteers to assist in the operations of the community events and recreational opportunities available in Storey Park on July 4, 2009. This commitment shall include the following: The volunteers provided by Speedway shall undertake such tasks at such times as maybe requested by the City of Meridian Parks and Recreation Department Recreation Site Supervisor. MOU BETWEEN CITY AND SPEEDWAY -JULY 4, 2009 EVENT PAGE 2 OF 6 r 2. Neither Speedway nor the volunteers prop-~ided pursuant to this section shall be considered employees or agents of City in any maiuler or for any purpose whatsoever at any time relevant hereto. 3. Speedway shall obtain from each and every volunteer a completed waiver and acknowledgement form as provided in Exhibit A hereto, and shall provide such completed foi7ns to City by June 30, 2009. E. Promotional Tickets. Speedway intends to provide to City approximately two hundred and fifty (250) tickets for admission to a Speedway event on a day other than July 4, to be distributed to City employees and their families for the dual purposes of promoting the Speedway event and for providing an opportunity for City employees to participate in community entertainment. F. Post-Event Review. Speedway agrees to meet with City between July 6, 2009 and September 1, 2009 in order to review the event, discuss any problems that may have arisen, and identify possible changes for an improved joint Independence Day event on July 4, 2010. III. NOTICES Colninunicationhetween City and Speedway may occur via e-mail, facsimile, 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 via U.S. snail to: City: City of Meridian Attn: Greg Farrow, MPR 33 E. Broadway Avenue Meridian, Idaho 83642 IV. ACKNOWLEDGMENTS Speedway: Adam Nelson, General Mgr. Meridian Speedway 335 S. Main Street Meridian, Idaho 83642 The parties hereto specifically acknowledge that, in consideration for the commitments set forth herein, the following provisions shall apply: A. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within five (5) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. B. Assignment. Except as otherwise specifically set forth herein, City shall not assign or sublet all or any portion of City's commitments as set forth herein or any privilege or right hereunder without the prior written consent of Speedway. Except as otherwise specifically set forth herein, Speedway shall not assign or sublet all or any portion of Speedway's commitments as set forth herein or any privilege or right hereunder without the prior written consent of City. This MOU and each and all of the terms and conditions hereof shall apply to the respective organizations, legal representative, successors, and assigns of the parties. MOU BETWEEN CITY AND SPEEDWAY-JULY 4, 2009 EVENT PAGE 3 OF 6 C. No agenc~T or employment. Neither Speedway nor its employees. agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents or employees of City in any manner or for any purpose whatsoever. D. Indemnification. Speedway and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall indemnify and save and hold harmless City fioin and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Speedway or any Speedway employee, agent, contractor, official, officer, servant, guest, and/or invitee, at or in its use of Storey Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of its premises; Speedway accepts Storey Park for use as is on the Effective Date of this MOU. E. Compliance with Laws. In performing the scope of services required hereunder, City and Speedway shall coimply with all applicable laws, ordinances, and codes of Federal, State, and local goverunents. F. Term of MOU. This MOU shall becoime effective as of the Effective Date upon execution by both parties, and shall expire irrumediately upon the conclusion of the July 4, 2009 event unless earlier terminated or extended in the manner as set forth in this MOU. G. Termination. Grounds for termination of this MOU shall include, but shall not be limited to: an act or omission by either party which breaches any term of the MOU; an act of nature or other unforeseeable event which precludes or snakes impossible the performance either party's respective commitments; or a change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. Either party may terminate this Agreement by providing five (5) calendar days advance written notice of intention to terminate. Such written notice shall include a description of the circulmstances providing grounds for termination. A forty-eight (48) hour cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this MOU shall automatically terminate. H. Construction and Severability. If any part of this MOU is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of the MOU so long as the remainder is reasonably capable of completion. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. J. Entire Agreement. This MOU contains the entire agreement of the parties and supersedes any and ali other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. K. Applicable Law. This MOU and all activities occurring hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. MOU BETWEEN CITY AND SPEEDWAY-JULY 4, 2009 EVENT PAGE 4 OF 6 v V. APPROVAL REQUIRED. This MOU shall not become effective until approved by the respective governing bodies of both City and Speedway. 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. MERIDIAN SPEEDWAY: BY: (~ - ((~ -O A am Nelson Date General Manager, Meridian Speedway CITY OF MERIDIAN: BY: / s~riy"~ Charlie ntp idian City Council Attest: Jaycee Holman City Clerk MOU BETWEEN CITY AND SPEEDWAY-JULY 4, 2009 EVENT Date PAGE 5 OF 6 ~~f~ibit A ~~~ r~. 3~, F f ~ ~~'° -+~- f a 9 d v a ~.~.. ~. ~~~~ ~~~ ~"I dpi ~~~°~~' Volunteer name: If volunteer is under 18, parent name: Volunteer/parent address: Volunteer/parent Phone no.(s): Indemnity and Hold Harmless Agreement PLEASE READ CAREFULLY BEFORE SIGNING. BY SIGNING, YOU ARE WAIVING YOUR RIGHT TO SUE THE CITY OF MERIDIAN OR ITS EMPLOYEES. I, in consideration of permission from the City of Meridian to enter/for my child to enter Storey Park as a volunteer on July 4, 2009, and intending to be legally bound by this agreement, hereby indemnify and save and hold harmless the City of Meridian from any and all losses, claims, actions, judgments for damages, expenses, or injury to myself/my child, to other persons, or to property caused or incurred by myself/my child. I acknowledge that this activity may carry a risk of injury and/or death, and with that knowledge hereby assume for myself/my child all risks and hazards of this activity. I forever waive and release, on behalf of myself/my child, my/my child's heirs, my/my child's executors, my/my child's administrators, my/my child's assigns, and/or my/my child's personal representatives, any and all claims and/or rights for damages Umy child now have/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 my/my child's participation in this activity. I attest that I am/my child is physically fit and sufficiently prepared, mentally and physically, for this activity, which I am/my child is voluntarily undertaking at my own risk. I understand that the City of Meridian provides no insurance or benefit coverage of any kind for injury or death that may result during my participation in this activity. I have read and do understand and accept all terms of this agreement. VOLUNTEER SIGNATURE (IF 18 OR OLDER) OR PARENT SIGNATURE (IF UNDER 18) PRINT NAME MOU BETWEEN CrrY AND SPEEDWAY -JULY 4, 2009 EVENT Date of birth: DATE PAGE 6 OF 6 ~~~ (~ ~~ City of Meridian/Meridian Speedway 4th of July Fireworks Festival ~~ ~: , Budget: $10,000 JUN 0 91009 CITY OFC~f$~ m~Nn P&R Special Events Committee Process CITY CLERKS OFFICE • Meetings/discussions since January Department's Commitments: • Monetary Contribution--$6,500 for Fireworks (of $10,000 show) • Public Special Event in Storey Park ($3,500) o Bands/performances o Inflatable Rec Equipment, i.e. "bouncy houses" o Climbing Wall o Stage/Sound System o Generator o Portable Toilets • Promotion of the Event o Banners, newsletter, movie ad, website, etc. Speedway's Commitments: • Fireworks Display ($3,500 of $10,000 show) • Promotion of the Event o Radio, etc. • EMS and First Aid Services • 5 Volunteers • Promotional Tickets Sponsorships • Fox 12/Meridian Suites-Advertising: 8days/30 sec ads on Fox 12. • 5 Food Vendors--$225 (bid process) • Stage Sponsors-Meridian Automotive, Dutch Brothers--$300