HomeMy WebLinkAboutAgreement with David Harris for Use of Privately Owned Electric Personal Assistive Mobility DeviceAGREEMENT FOR USE OF PRIVATELY -OWNED ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICE (SEGWAY) BY PARKS AMBASSADOR
This AGREEMENT FOR USE OF PRIVATELY -OWNED ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICE (SEGWAY) BY PARKS AMBASSADOR is made this _ day of May, 2014,
by and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and David
Harris, an individual person and a volunteer for the City of Meridian (hereinafter "Volunteer")
(collectively, "Parties").
WHEREAS, Volunteer owns, as his personal property, an electric personal assistive mobility
device, which is, as defined in Idaho Code section 49-106(1), a self -balancing two (2) nontandem
wheeled device designed to transport only one (1) person, with an electric propulsion system that limits
the maximum speed of the device to fifteen (15) miles per hour or less, known commercially by the
brand name "Segway" (hereinafter "Segway");
WHEREAS, Volunteer is a participant in the City's Park Ambassador program, in which
citizens volunteer to be present in parks to answer questions regarding park amenities, promote
community programs and events, and observe park use;
WHEREAS, Volunteer wishes to use his Segway for the purposes and in the manner set forth
in this Agreement, and City has deemed it to be in the best interest of the public to allow such use by
Volunteer, on an as -needed basis and where deemed appropriate by both Volunteer and City; and
WHEREAS, among other things, City seeks by this Agreement to establish that City possesses
no interest in Volunteer's Segway, insurable or otherwise;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, and in consideration of the recitals above, which are incorporated herein, City and
Volunteer agree as follows:
I. USE OF SEGWAY.
A. Use discretionary. While Volunteer is on duty as a Park Ambassador, Volunteer may, at his
election, use his Segway in the course and scope of fulfilling his duties as a Park Ambassador.
B. Volunteer solely responsible. Volunteer shall be solely responsible for insuring, maintaining,
repairing, storing, and transporting his Segway. City shall not provide insurance coverage of
any kind for Volunteer's Segway or his use or possession thereof. City shall not contribute to
any cost related to Volunteer's Segway or use or possession thereof while in any City park or
facility, en route to any City park or facility, or on duty as a Park Ambassador. City shall not
store or provide storage space at or in any City facility for Volunteer's Segway. Volunteer shall
not leave his Segway unsecured and unattended in any City park or facility for any length of
time.
AGREEMENT FOR USE OF SEGWAY BY PARKS AMBASSADOR PAGE I OF 3
C. Damage to City property. Volunteer shall employ best efforts to ensure that Volunteer's use
and possession of Segway in or on City parks or facilities is appropriate and reasonable. Where
Volunteer's use and possession of Segway in or on City parks or facilities causes damage to
same, Volunteer shall reimburse City for the cost or proportionate cost of necessary repairs
and/or replacement.
D. Compliance with laws and standards. Volunteer's use of his Segway in or on City parks or
facilities shall be consistent in all respects with the requirements and standards established by
this Agreement and by any and all applicable federal, state and city laws, ordinances,
regulations, resolutions, policies, and orders of the Director of the Meridian Parks and
Recreation Department. Volunteer represents and warrants that Volunteer will use and possess
his Segway in City parks or facilities in accordance with generally accepted standards and
safety practices, including, but not limited to:
1. Volunteer will wear a helmet at all times when using Segway, without exception.
2. Volunteer has reviewed, is familiar with, and will comply in all respects with the Segway
manufacturer's instructions and warnings.
3. Volunteer will use Segway only on improved level, smooth riding surfaces with adequate
traction and free of obstructions.
4. Volunteer and/or cargo will not exceed the weight limit of Segway.
5. Volunteer will not allow any additional person to ride Segway, whether with Volunteer or
alone.
6. Volunteer will use safe and appropriate loading and lifting techniques when transporting
Segway.
7. Volunteer will always ride under control and at a speed safe for Volunteer and others.
8. Volunteer will yield the right of way to pedestrians, bicyclists, and dogs.
9. Volunteer will not park Segway in a way that impedes pedestrian traffic.
E. Acknowledgment. Volunteer acknowledges that use of his Segway presents risks to himself
and to others, some of which are unknown. Other than as specifically addressed in this
Agreement, Volunteer agrees to assume all risks associated with the use of his Segway.
F. Indemnification and waiver. Volunteer shall, and hereby does, indemnify, save and hold
harmless, release and forever discharge City and its agents, employees, and officials from 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 Volunteer attributable to or in the course of
Volunteer's use or possession of Segway on or in City property, facilities, or equipment not
caused by or arising out of the tortious conduct of City, regardless of the manner by which such
claim may be brought.
G. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or
habitability of any City premises, property, or facilities for use or possession of a Segway
therein. Volunteer accepts the premises, property, and facilities as is, both at the Effective Date
of this Agreement and when using or possessing Segway in same at all times hereafter.
H. Assignment. Volunteer shall not assign or sublet all or any portion of Volunteer's interest in or
obligations under this Agreement or any privilege or right hereunder. This Agreement and each
AGREEMENT FOR USE OF SEGWAY BY PARKS AMBASSADOR PAGE 2 OF 3
and all of the terms and conditions hereof shall apply to and are binding upon the respective
parties' legal representatives, successors, and assigns.
I. Termination. Either party may terminate this Agreement for any reason by providing written
notice to the other via U.S. Mail or personal service. Such termination shall be effective
immediately upon mailing or personal delivery.
Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related
to scheduling) shall occur via e-mail or telephone. All other notices required to be given by
either of the Parties shall be in writing and be deemed communicated when personally served,
or mailed in the United States mail, addressed as follows:
City: City of Meridian Volunteer: David Harris
Attn: City Attorney 6109 N. Duxbury Pier Place
33 E. Broadway Avenue Garden City ID 83714
Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
K. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
L. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding shall not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of completion.
M. Applicable Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
N. Advice of attorney. Each party warrants and represents that in executing this Agreement, it
has received independent legal advice from its attorneys or the opportunity to seek such advice.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day
of May, 2014.
CITY OF MERIDIAN: 9���° At
BY: CCGn .
�erd Maw- / J , 11 - ace olman, City Clerk
ekarlit Au.nt.cz, NUAe�
AGREEMENT FOR USE OF SEGWAY BY PARKS AMBASSADOR PAGE 3 OF 3