Intermountain Pet Hospital -MOU - Discovery Park Water Features dog park MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MERIDIAN AND INTERMOUNTAIN PET HOSPITAL
This MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
MERIDIAN AND INTERMOUNTAIN PET HOSPITAL is made this A""day of Sanua►q
2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho (hereinafter"City"), and Intermountain Animal
Hospital, PLLC, a limited liability company, doing business as Intermountain Pet Hospital,
organized under the laws of the State of Idaho (hereinafter"IPH").
WHEREAS, City and IPH are mutually interested in enhancing the Meridian
community's quality of life by providing and enhancing spaces where people can bring their
dogs for off-leash exercise, play, and socialization, and City's Discovery Park, located at 2121 E.
Lake Hazel Road, Meridian, Idaho, features a designated area where dogs are allowed off-leash;
WHEREAS, IPH wishes to donate to City, for public use in Park, dog enrichment
equipment as described in Exhibit A hereto;
WHEREAS, City is grateful to IPH for this donation, as it will enhance the dog park
amenity at Discovery Park for Meridian residents and visitors, both human and canine;
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, the Parties agree as follows:
I. IPH CONTRIBUTION. IPH shall contribute to City the dog enrichment equipment
("Equipment") and installation as enumerated in Exhibit A hereto. Upon installation of
the Equipment, City shall assume full and irrevocable ownership thereof
II. ACKNOWLEDGEMENT. City shall publicly acknowledge IPH's contribution by posting
two signs, approximately eight inches wide and twelve inches high(8"xl2"), inside the
dog park at Discovery Park ("Signs"). Except as otherwise set forth herein, the Signs
shall be posted for seven(7) years,the anticipated useful life of the donated equipment.
City's posting of the Signs is a gesture of acknowledgment and gratitude, and shall not be
construed as consideration for donation of the Equipment. If City should remove the
Signs, City need not return the equipment donated by IPH. City may remove either or
both of the Signs in the event of. an act of nature, loss of funding, premature end of the
useful life of the equipment, or other unforeseeable event; a change in circumstances that
renders the Signs or the Equipment a detriment to the public health, safety, or welfare; or
reasoned determination by the Meridian City Council that removal of the Signs is in the
best interest of City.
MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAC 1". 1 of 3
Meridian City Council Meeting Agenda February 4,2020— Page 287 of 298
III . CITY OWNER OF EQUIPMENT. Upon delivery of the Equipment , City shall be the owner
of the Equipment and shall , in City ' s sole discretion , determine whether, how, when ,
where , and under what circumstances the Equipment shall be installed , used , or
maintained . If for any reason , City determines that the Equipment is no longer safe,
useful , or attractive , City may repair or remove such Equipment, in City ' s sole discretion .
IV. CITY OWNER OF PARK. Nothing in this Agreement shall prevent City from making any
improvements or changes to Discovery Park or any component thereof, including the dog
park , whether temporarily or permanently , as may be necessary to protect the health,
safety , and/or welfare of the public or to fulfill the duties of the Parks and Recreation
Department Director as set forth in Meridian City Code .
V. NON-APPROPRIATION . IPH acknowledges that City is a governmental entity , and the
validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate .
VI . APPLICABLE LAW. This Agreement shall be governed by and construed in accordance
with the statutes and constitution of the State of Idaho , including , without limitation,
Article VIII , Section 3 , of the Idaho Constitution ,
VIIe 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 .
VIII . APPROVAL REQUIRED, This Agreement shall not become effective or binding until
approved by the governing body of City .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date first written above .
INTER NTAIN PET HOSPITAL ,
Kim Mulvahill , CVT, CVPM
CITY OF MERIDIAN .
0 #,OT E0 A (jG
BY : a�Q
f R bert E . Si son , ayor
0hV ()r
E IDI W
ANC.
Attest : ' Dq " O
Ch o on , City Clerk ��EAL �
FR°jrhe TREASV�� /
MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PIiT HOSPII•AL PAGE 2 of 3
I
EXHIBIT A
— - Option i
Uve LuckyDog Recreation
Maly("'ZA 10 si PO Sox603 Quotation
/`m -4- Ashton,ID 8M20
Toll Free:800-388-2196
Fax:208-652-3285
Email:leslie@luckydrec-com Estimate Valid
60
Project: Dog Park Spray Hydrants Terms
Date: January 3,2020 112 Down,Balance on receipt
Sill To: 4Ship To:
City of Meridian TBD
33 E Broadway Ave Meridian,ID83642
Meridian,ID 83642
Contact: Mike Barton Contact:
Phone: (208)888-3579 Phone:
Email: mbarton@meridiancity.org Email:
Brand Item DescrhM
Dog-On-IT Spray Fire Hydrant with Adjustable Timer 7270 1 $1.2441M $2.244-04
Top Spray Fire Hydrant 7280 1 $1.759, $1.759
Sub Total $3,01
Freight 1 $375.00 $375
Professional installation 1 $3.335-1 $3.335.1
i
Additional Info:
No drainage or loose fill in pit,additional charges will incur.
Does not include any site prep,drainage,or borders.
Standard Insurance applies-Additional insurance requirements will incur applicable Grand Total $6,713.14
charges.includes ID use tax-Includes footers.
Leslie Smith Accepted By:
208-521-8997
leslie@luckydrec.com Date:
MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PE"r HOSPITAL PAGE 3 of 3
Meridian City Council Meeting Agenda February 4,2020— Page 289 of 298