HomeMy WebLinkAboutMemorandum of Understanding with Meridian Speedway for Joint Presentation of July 4, 2014 EventMEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF MERIDIAN AND MERIDIAN SPEEDWAY
REGARDING JOINT PRESENTATION OF NLY 4, 2014 EVENT
This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made this 25th
day of January, 2014 (Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City " , and Hwy 16, LCC, dba Meridian
Speedway, a limited liability company organized under the laws of the State of Idaho ("Speedway").
WHEREAS, City and Speedway are mutually interested in enhancing recreational,
entertainment, and special event opportunities within the Meridian community, 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, 2014;
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, 2014 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, 2014 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 six thousand dollars ($6,000.00 for the purpose
of purchasing fireworks to be discharged on July 4, 2014 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, 2014, from
approximately 3:00 p,m. to 10:15 p.m.
MOU BETWEEN CITY AND SPEEDWAY -JULY 4, 2014 EVENT PAGE l OF 4
C. Promotion of Event. City shall promote the Jul 4 2014 ev '
y , ent in its promotional materials,
including the City newsletter, City website, and banners to be la '
p ced in Storey Park. In such
materials the City will reference the activities available at the S eedwa
p y as part of such event.
D. Post-Event Review. City agrees to meet with S eedwa between
. p y July 6, 2014 and November
1, 2014 in order to review the event, discuss an roblems that ma hav '
Y p y e arisen, and identify
possible changes for an improved joint Independence Da event on Jul 4 2
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II. SPEEDWAY'S COMMITMENTS
A. Presentation of Public Fireworks Display. S eedwa will resent a '
P Y p public fireworks display
on July 4, 2014 shortly after dark. This commitment shall include the followin
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1. Speedway shall engage Fireworks and Stage FX of America to resent the ubli '
dis la p p c fireworks
p yon July 4, 2014.
2. Speedway shall contribute at least six thousand dollars ($6,000.00 to the resen '
p tation of
the public fireworks display. Speedway shall remit this amount directl to Firework
Sta e FX Y sand
g of America.
3. The public fireworks display shall be staged and executed inside the S eedwa fa i '
sh p y c lity, but
all include aerial fireworks that shall be visible from Store Park.
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4. The public fireworks display shall begin no earlier than 10:15 m and no later than
10:30 m. p
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5. Speedway shall obtain, or shall ensure that Fireworks and Sta a FX of America has
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obtained, all necessary permits for such display, including, but not necessary limited to
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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, 2014 event in its romotion 1
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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 Cit of Meridi
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logo without the express, written permission of the City of Meridian Ma or's Office.
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C. Post-Event Review. Speedway agrees to meet with City between Jul 6 2014 and Nov
1 2014 ' ~ Y ~ ember
in order to review the event, discuss any problems that may have arisen, and identif
possible chap es for an im roved 'oint Ind Y
g p ~ ependence Day event on July 4, 2015.
III. NOTICES
Communication between City and Speedway may occur via a-mail, facsimile or tele hone.
p All other
notices required to be given by either of the parties hereto shall be in writin and be deemed
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communicated when personally served, or mailed via U.S. mail to:
City: City of Meridian Speedway: Adam Nelson, General M r.
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Attn: Colin Moss, MPR Meridian Speedwa
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33 E. Broadway Avenue 335 S. Main Street
Meridian, Idaho 83642 Meridian, Idaho 83642
MOU BETWEEN CITY AND SPEEDWAY -,JULY 4, 2014 EVENT PAGE Z OF 4
IV. ACKNOWLEDGMENTS
The parties hereto specifically acknowledge that, inconsideration for the commitments set forth
herein, the following provisions shall apply:
A. Contributions cumulative. It is understood by the parties that the monet contributions of
each ~
party shall be separately and respectively made to Fireworks and Stage FX of America,
and that the cumulative monetary payment made to Fireworks and Stage FX of America b the
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parties shall therefore total twelve thousand dollars ($12,000.00).
B. Speedway Sponsorship. It is understood that Speedway will be allowed to secure a title
sponsor for the races on July 4~', 2014 to help offset Speedway's race costs. The billin for the
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event in promotional material shall read, "[Sponsor Name] Firecracker 150 with Fireworks
Presented by the City of Meridian." Due to the fact that the title sponsor will be affiliated with
the City of Meridian through the joint event, Speedway's title sponsor may not be a business
who sells alcohol or tobacco.
C. Conflict Resolution. If either party believes that the other party is not fulfillin its obli ations
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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 eve (5) calendar
days, correct the situation and confirm the correction in writing, or reject the com laint,
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explaining the mitigating circumstances and why a remedy cannot be achieved.
D. Assignment. Except as otherwise specifically set forth herein, City shall not assi n or sublet
all or an ortion • • • g
y p of City s commitments as set forth herein or any privilege or right hereunder
without the prior written consent of Speedway. Except as otherwise specificall set forth
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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 Cit .
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This MOU and each and all of the terms and conditions hereof shall apply to the res ective
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organizations, legal representative, successors, and assigns of the parties.
E. No agency or employment. Neither Speedway nor its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees shall be considered agents or em to ees of
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City in any manner or for any purpose whatsoever.
F. 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 Cit
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from and for any and all losses, claims, actions, judgments for damages, or in'u to ersons or
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property and losses and expenses caused or incurred by Speedway or any Speedway em to ee,
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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.
G. Compliance with laws. In performing the scope of services required hereunder, Cit and
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Speedway shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments.
MOU BETWEEN CITY AND SPEEDWAY -JULY 4, 2014 EVENT PAGE 3 OF 4
H. Term of MOU. This MOU shall become effective as of the Effective Date upon execution by
both parties, and shall expire immediately upon the conclusion of the July 4, 2014 event unless
earlier terminated or extended in the manner as set forth in this MOU.
I. 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 makes 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 circumstances 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.
J. 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.
K. Entire Agreement. This MOU contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith.
L. 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.
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:
Adam Nelson
General Manager, Meridian Speedway
Date
CITY OF MERIDIAN:
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Tammy de ; erd ~~' ' . ~' l~ ~ ~'~ ~ ~~
Mayor r
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MOU EETWEEN CITY AND SrEEDVVAY -JULY 4, 2O1 N'~
~e ~blman
Clerk
rAGE 4 OF 4