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HomeMy WebLinkAboutLicense Agreement with CESCO for Mini Heavy Equipment Rodeo Public Works Week Expo~~i~E IDIAN~- Public IDAHO Works Department T0: Mayor Tammy de Weerd Members of the City Council FROM: Ashley Newbry, E.I.T. David Allison, E.I.T. Staff Engineers DATE: May 24, 2013 Mayor Tammy de Weerd Y Ci~y CoWn~il Member: Keith Bird Brad Hoaglun Charles Rountree David Zaremba • MINI HEAVY E UIPMENT RODEO AGREEMENT WITH CESCO FOR SUBJECT. Q PUBLIC WORKS WEEK EXPO 2013 I. RECOMMENDED ACTION A. Move to: 1. A rove the License and Indemnity Agreement with Cesco for the Mini Heavy pp Equipment Rodeo 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Ashley Newbry, PWW Expo Chair David Allison, PWW Expo Sub-Chair Kyle Radek, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works Page 1 of 2 489-0385 489-0370 489-0343 489-0350 489-0372 III. DESCRIPTION A. Back rg ound he Mini Heav E ui ment Rodeo is a focal point during the Public Each year t y q p ek Ex o. This ear we are working primarily with Cesco to put on this Works We p y Mini Heavy Equipment Rodeo. IV. IMPACT A. Strate ig_c Impact: The drivewa between the City Hall east parking lot and the Meridian Mill will be y closed to traffic. This area will be reserved for the Mini Heavy Equipment Rodeo. The e ui ment will be live and operational, so it can be quickly moved, if qp necessary. B. Fiscal Impact: License and Indemnity Agreement $0.00 V. ALTERNATIVES A. The Cit could choose not to sign the License and Indemnity Agreement with y Cesco; 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 Cesco. This will allow Cesco to prepare properly for the Mini Heavy Equipment Rodeo. VII. LIST OF ATTACHMENTS A. License and Indemnity Agreement (Rodeo) Approved for Council Agenda: D e Page 2 of 2 LICENSE AND INDEMNITY AGREEMENT with CESCO for the 2013 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO This LICENSE AND INDEMNITY AGREEMENT is made this ~ day of ~ `0.y_, 2013 ("Effective Date"), by and between Contractor's Equipment Supply Co, dba CESCO, 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 May 24, 2012 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: 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 license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 5, 2013, 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, 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 LICENSE AND INDEMNITYAGREEMENT PAGE 1 OF S carries risks some of which are u~aknown, and assumes these accessing or using Property er known and u~aknown risks and. hazards of such activity and any and any and all oth • • a. Licensee forever waives and releases, on behalf of itself, its activity related theret , , . ` to ees and their heirs, executors, admin~strators, assigns, and/or members, its agents, its emp y . tatives an and all claims and/or rights far damages Licensee and its personal represen , y invitees volunteers, contractors, officials, officers, guests, employees now members, agents, , after have a ainst the City of Meridian and/or its employees, elected has or may here g . . a ents ests and/or business .invitees, suffered in connection with or ansing out officials, g , gu ~ t ' ccess to and use of Ci facilities and/or any activity related thereto and no of Licensee s a tY or arisin out of the tortious conduct of the City of Meridian or .its employees. caused by g rovided. Licensee acknowledges that the City of Meridian shall not provide B. No coverage p Licensee or for its members, agents, invitees, volunteers, contractors, officials, o ~cers, for em to ees an insurance or coverage of any kind, whether financial, mechcal, guests, p y y or otherwise for an accidents, injuries, deaths, illnesses, losses, or damages that property, , y .. result Burin or arise out of Licensee's actions or omissions hereunder and/or any activity g related thereto. ieensee to maintain insurance. Licensee shall maintain, and specifically agrees that it C. L . will maintain, thro out the term of this Agreement, and upon each and every occasion on ugh • which Licensee uses the Pro erty hereunder, liability insurance ~n which the City of p Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title b, Chapter 9 of the Idaho Code. The limits of ce shall not be deemed a limitation of the covenants to indemnify and save and hold insuran harmless Ci and if Ci becomes liable for an amount in excess of the insurance limits tY~ tY herein rovided Licensee covenants and agrees to indemnify and save and hold harmless p Ci from and for any and all such losses, claims, actions, or judgments for damages or ~' liabiii to ersons ar property. Licensee shall provide City with a Certificate of Insurance tY P or other roof of insurance evidencing Licensee's compliance with the requirements of this p h ar a h and shall f le such proof of insurance with the City Clerk. In the event t e P p insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall ~ediately submit proof of compliance with the changed limits. D. 'Waiver. Licensee and its members, agents, .invitees, volunteers, contractors, officials, officers uests, em to ees waive any and all claims and recourse against City, including the ~g p y ,. . ri t of contribution for loss and damage to persons or property arising from, growing out ~ , of or in an wa connected with or incident to Licensee's use of City s Property, whether y Y .. such loss or damage maybe attributable to known or u~lknawn conditions, except for liabili caused by or arising out of the tortious conduct of the City of Meridian or its tY 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. F. Good faith. Licensee wi11 utilize the Property in a manner. that will best conserve the current condition of the Property. LICENSE AND ~NDEMNI7YAGREEMENT PAGE 2 OF 5 III. GENERAL PROVISIONS. • to real roe .Licensee shall not make, or permit to be A. Alterations, improvement p p ~Y , , ' ns to or im rovements to Property without first obtaining City s written. made, alteratio p consent. i of parties. Licensee and its members, agents, invitees, volunteers, B. Relationsh p officials officers, ests, and employees are neither independent contractors nor contractors, ~ ~ ent shall be ees a ents ' oint venturers, or partners of City. Nothing in this Agreem employ g ~ J and ' ted or construed as creating or establishing the relationship of employer interpre en Licensee and Ci or any official, agent, or employee of City; or between employee betwe tY . icensee's members, a ents, invitees, volunteers, contractors, officials, o cers, anyofL g . sts em to ees and the City or any official, agent, or employee of City. gUe ~ p Y 1 'on. If throw an cause, Licensee fails to comply with the terms of this C. Termmat~ gh y merit violates an of the covenants, agreements, andlor stipulations of this Agree y nt or of an other a 'cable law, ordinance, regulation, or policy, andlor engages Agreeme , y pp 'fraud dishone or an other act of misconduct in the performance of this Agreement, in ~y~ Y .. . ' a immediatel terminate this Agreement without the necessity of providing written City m y Y . ' Licensee of such termination, Notice offor-cause termination shall be effective notice to immediately upon verbal notification by City. fiver. Ci 's waiver on one or more occasion of any breach or default of any term, D. No wa ty versant or condition of this Agreement shall not be construed as a waiver of any co ch or default of the same or a different term, covenant or condition, nor shall subsequent Brea ' r o crate to re'udice, waive, or affect any right or remedy City may have under such waive p p ~ . this A cement with respect to such subsequent default or breach by Licensee. 'ees. An and all notices re aired to be given by either of the parties hereto, unless E. Notl y q 'se stated in this a cement, shall be in writing and be deemed communicated when otherwi gr mailed b United States Mail, certified, return receipt requested, addressed as follows: y City: City of Meridian Public works Department Attn: David Allison 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: CESCO 2000 E. Overland Road Boise, Idaho 83642 Either ma char a its address for the purpose of this paragraph by giving written p~Y Y g notice of such change to the other in the manner herein provided. F. Com liance• no discrimination. In undertaking activities under or related to this p ' ~ laws ordinances A cement, Licensee shall comply in all respects with all applicable , gu ~ p gi. re lotions olieies, a cements, and requirements, including, but not limited to, the CtTI', LICENSE AND IN'DE11~lITYAGREEMENT PAGE 3 OF 5 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 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 CESCO ~~ Mark C. Canfield President CITY OF MERIDIAN: Tammy de e rd, Mayor f LICENSE AND INDEMNITYAGREEMENT PAGE 4 OF 5 E~BIBIT "A" SAMPLE CESCtI PARTICIPANT LIABILITY WAIYER ~ICEIVSE AND 11VDEMNITYAGREEMEN7' PACE 5 OF 5