Metal Detectors in City Parks Discussion 102009DRAFT
METAL DETECTOR PERMITTING AGREEMENT
I3ettiveen Conn's Wampum Hut and Meridian Parlcs & Recreation Department
This ME I'AL DETECTOR PERMITTING AGREEMENT (hereinafter "Agreement")
is made this day of , 2009 ("Effective Date"}, by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter
"City"), and Donna J. Conn, informally doing business as Corr's Wampum Hut, an informally
organized entity located at 209 East 36th Street, Garden City, Idaho (hereinafter "Corm's").
(City and Conn's may hereinafter be referred to as "Parties.")
WHEREAS, the mission of the City of Meridian Parks and Recreation Department is to
enhance the Meridian community's duality of life by providing well-designed and properly
maintained parks and recreational opportunities for all citizens;
WHEREAS, Corm's Wampum I-Iut is a gathering place and source of information for
Treasure Z~alley and visiting metal detectorists, some of whom may wish to enjoy metal detecting
in Meridi~ui parks and city-owned facilities; and
WHEREAS, the City of Meridian {hereinafter "City") and Conn's are mutually
interested in enhancing recreational variety in the Meridian community by supporting metal
detecting opportunities in City-owned parks, facilities, and properties;
NOW, THEREFORE, in consideration of the mutual understandings and commitments
herein contained, and in consideration of the recitals above, which are incorporated herein, City
and Conn's agree as follows:
I. DESIGNATION Ur PERMIT AIJTHORITI'
~. ,
City hereby authorizes and empowers Conn's to issue City of Meridian Metal Detector
Permits (hereinafter "Perniits") to qualified individuals on behalf of City, in accordance with
the terms of this agreement, all applicable City policies, and all applicable provisions of law.
II. CONN'S RIGHTS AND RESPONSIBiL,iTTES
Corm's shall issue a Permit Identification Badge, signifying compliance with all Permit
requirements, to each and every applicant therefor who:
A, Provides name and contact information. Corm's shall mairtain a log of all permit
holders, v~~hich log shall state each permitee's name, address, telephone number, date of
birth, and date of issuance of Permit.
B. Demonstrates understanding of rules and law. Corm's shall issue a Permit to an
applicant therefor only upon verifying applicant's understanding of Meridian Parks and
METAI, DETECTOR PERMIT MOU - COhTI'S WAZv1PUM HtiT PAGE 1 OF 7
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Recreation Department (hereinalfer "MPR") administrative policies regarding the use of
metal detectors in City-owned parks, facilities, and properly, A copy of MPR's
administrative policy entitled "USE OF METAL DE"rEC"TORS CITY PARKS AND FACILITIES"
("Policy"), cu>Yent as-of the Effective Date, is attached hereto as Exhibit A. It is expressly
understood that both Conn's and permitees shall be subject to all current laws, policies,
and regulations, which are subject to change without notice.
C. Satisfactorily passes pracYrcaI testing. Prior to initial issuance of a permit to any
person, Conn's shall administer a test to the applicant wherein the applicant must
demonstrate that he or she can retrieve an item in full compliance with MPR's Policy.
D. Pays the annual fee. Corm's shall collect an annual permit fee in the amount often
dollars (~ 1 U.00), which fee represents actual costs of services rendered under this
Agreement. Corm's may provide a portion of fees collected to Boise School District
Community education for advertising and publication expenses. Corm's shall be
responsible for payment of, and shall pay, all taxes due and owing.
I)(I. PERMITS
A. Duration. The Permit shall be effective from June 1 through May 31.
B. Renewal. Renewal of a valid Permit shall not require testing, but shall require applicant
to register contact information in the permit log and pay the annual permit fee.
C. Design. The design, appearance, and content of the Permit Identification Badge shall be
subject to the approval of the Meridian Parks and Recreation Department Director.
D. No warranty. Nothing in this Agreement nor any Pernzit shall be or imply any warranty v "
or promise by City as to the condition, safety, or usefulness of its parks, facilities, or
properties for metal detecting purposes.
IV. GENERAL TERiVIS AND CONDITIONS
A. Agreement non-exclusive. The Parties agree that this Agreement and the right conveyed
to Conn's to issue permits on behalf of City shall be non-exclusive, and that other
qualified organizations or entities may apply to City for authority to issue Permits.
B. Term of Agreement. The term of this Agreement shall be one {1}year, commencing on
the Effective Date and expiring one {1) year thereafter, provided that, unless earlier
termuiated, this Agreement shall automatically renew each year on the anniversary of the
Effective Date, and shall be considered ayear-to-year agreement.
C. Termination. This Agreement may be terminated by either Party upon thirty (30) days
METAL DF,TF.CTOR PERtv4IT MOU - CONI\'S WAtvlPUA4 HUT PAGE 2 OF 7
flRA~r
written notice. If Conn's is in breach or default of any term or condition of this
Agreement and fails or refuses to cure such breach or default within seven {7) days of
written notice thereof, this Agreement may be deemed terminated and forfeited without
further notice or demand.
D. Notice. Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and shall be deemed communicated
when mailed in the United States mail, postage paid, addressed as follows:
City: City of iUleridian
Meridian Parks & Recreation Director
33 E. Broadway Avenue
Meridian, Idaho 83642
Corm's: D.J. Conn
Corm's Wampum I-Iut
209 East 36th Street
Gardcn City, Idaho 83714
E. No assignment. It is expressly agreed and understood by the Parties that Conn's shall not
have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or
responsibilities under this Agreement except upon the prior express written consent of
City.
f. Discrimination prohibited. In fulfilling the terms of this Agreement, Conn's shall not
discriminate against any person on the basis of race, colox, religion, sex, national origin or
ancestry, age or disability.
.-
G. Reports and information. At such times and in such forms as the City may require,
Corm's shall furnish to City such statements, records, reports, data and information as the
City may request pertaining to matters covered by this Agreement.
Id. CompiianCe with laws. In performing the scope of services required hereunder, Conn's
shall comply with all applicable laws, ordinances, and codes of federal, State, and local
governments. This Agreement shall be governed by and constzued and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian.
I. Indemnification. Corm's shall indemnify and save and hold harmless City from and for
any and alI losses, claims, actions, judgments for damages, or injury to persons or
property and/or losses and expenses caused or incurred by Comp's, its servants, agents,
employees, guests, and business invitees in the course of implementing the terms of this
[\'IETAL llETECTOR PERMIT MOU - CONN's WAMPUM HUT PAGE 3 OF 7
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Agreement, and not caused by or arising out of the tortious conduct of City or its
employees.
J. Independent Contractor. In all matters pertaining to this Agreement, Conn's shall be
acting as an independent contractor, and neither Conn's nor auy officer, employee, or
agent of Conn's shall be deemed an employee of City for any purpose whatsoever.
K. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will 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.
L, Entire agreement. This Agreement 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.
M. Approval required. This Agreement shall not become effective or binding until
approved by City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day of , 2009.
C~NN'S WAMPUM HUT:
llonna J. Conn
STATE OF Idaho )
ss:
County of )
I HEREBY CER"I'IFY that on this day of
?009, before the undersigned, a Notary Pubic in the State of
Idaho, personally appeared Donna J. Conn, known tome to
be the person who executed the said instrument, and
acknowledged to me that she executed the same. TN
WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate first
above wri[ten.
Notary Public for Idaho
Residing at
My Commission Expires:
CITY OF MERIDIAN:
13y:
"i'ammy de Weerd, Mayor
ATTEST:
Idaho
Jaycee Holman, City Clerk
METAL DETECTOR PERMIT' MOU -- CONN'S WAMPUM I-IUT PAGE 4 OF 7
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EXHIBIT A
;-
METAL DETECTOR HERMIT MOU - CONN'S WAMPUM HU"C PAGE 5 OF
~RAFr
9RAM0
meridian Parks and Recreation ®epartment
A~®NII~IISTRATI'VE P®LICY
SUBJECT: USE Or MF,TAL UETECTDRS CITY PARKS ANll FACILITIES
PURPOSE: To provide a regulations governing the allowed time, place, and manner of using a
metal detector within a City park or facility.
POLICY: A. Regulations. The use of a metal detector in any park, facility, or property
owned or operated by the City of Meridian shall be allowed, subject to the
metal detectorist's adherence to each and all of the following terms,
conditions, and regulations.
1. Metal detectorists actively using metal detectors are expected to be
ambassadors for their hobby and should observe the highest standards of
respect for persons and property at all times. Metal detectorists shall not
interfere with reserved activities, organized sporting activities, or other
park users or activities.
2. Whenever metal detecting in a Meridian City Park or City-owned facility
or property, the metal detectorist shall wear his or her Permit Identification v
,.
Badge in plain sight. Metal detecting without a valid City of IVleridian
Metal Detector Permit shall be prohibited.
3. Metal detectorists shall not disturb sprinkler heads, pipes, irrigation system
components, or any other infrastructure above or below the ground.
Persons damaging or destroying City property, whether purposefully or
inadvertently, shall be responsible for the cost of repair or replacement.
4. Metal detectorists shall have access only to areas open to the general
public. Metal detectorists entering closed or restricted areas may be
subject to trespassing or other criminal charges.
5. Only probes shorter than eight inches (8") and one-fourth inch ('/~") across
may be used to dig. Metal detectorists shall not dig with knives, trowels,
or other sharp or destructive implements.
METAL DE"1'EC'I'OR I'LRMPr UIOU - CONN'S WAMPU?~f HU'r PAGE 6 OF 7
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6. Plugs of earth or sod shall not 6e removed from the ground. Retrieval of
an object from the ground shall occur by cutting a neat flap without
removing the plug entirely, extraction of the object, and careful
reinstatement of the grass, sand or soil carefully. Always heel probed
ground.
7. Metal detectorists shall abide by all MPR Hiles and regulations.
B. Violation. Failure to abide by all applicable rules and regulations may result
in revocation of the violator's Meridian Metal Detector Permit, trespass from
the premises, and/or further available civil, criminal, and/or administrative
action, including, but not. limited to, exclusion from the park pursuant to
Meridian Cily Code section 13-2-11.
A[1TtIORITY: Officers of the Meridian Police Department and Employees of the Meridian Parks
and Recreation Department shall be authorized to require that a metal detectorist
in a City park, facility, or property produce his or her Permit Identification Badge
and/or comply with any and alI terms of this policy.
,.
METAL DETCCTOR PERMI"]' MOU - CONN'S WAMPUM E-tUT PAGt; 7 OF 7
l~ernorandum of lUnderstanding
Between
Corm's Wampum Hut &
Boise Parks & Recl•eation Department
Whereas, the City of Boise (hc;reinafler referred to as "City") is responsible .for the
managemtent and maintenance of parks, recreation, open space and certain right of way median
properties for the welfare, health and betterment of the community; and
Whereas, pursuant to Boise City Code section 9-14-04, no pet'son is allowed to operate a
metal detector in City parks 4vithout obtaining a perniit }iom an authorized agetrt of the Park
Director; and
tiVhcrcas, Conn's Wampum Hut (hereinafter referred to as "Corm's), represents metal
detectorists who wish to do metal detecting in the Boise Parks; and,
Whereas, Conn's has agreed to provide education and testing on appropriate metal
defecting target rc;ntoval and turf conservation techniques and issue permits to meta] detectorists
who wish to use City parks for metal detecting.
Now, therefore, the parties do hereby agree as follows:
Corm's agrees to provide education to metal detectorists regarding appropriate removal of
items from turf, including the following instruc[ions:
a. Do not use a knife or trowel
b. Do not dig plugs.
c. Do not pull grass.
d. No probes longer than 8 inches or 114 inch across.
e. Always heel probed ground.
Corm's agrees to administer a test whereby the metal detectorists will demonstrate that
they can retrieve, with minimal. disturbance of the turf, a target buried underground and
replace the probed area properly
Cunn's agrees to issue yearly I'erutit Identifcatiun Badges to those who satisfactorily
complete the test. Pernlits shall be issued at a cost of $2.00, far the portion of the year
beginning June 1 of issued year, and ending iVlay 31" of the following year. The design
and content of the permit shall be subject to the approval of the Parks Director or
designee. The nominal fee of $2.00 for issuance of the permit is intended solely to allow
recovery of expenses associated with administering the education and testing program
described in this agreement. Citv understands and agrees that Conn's tnav split a
portion of this fee with the Boise Schools Community Education program to offset
at}vertisinu expenses.
The Petnlit Identification Badge issued by Conn's shall be worn in plain sight by the
metal deteetorist at~d shall include a statement that by accepting the permit the perrrtit
holster agrees:
,;
a. to abide by the instructions set forth above in Section 1, a though e.
U. to abide by all park n21es and regulations,.
c. to not use the park facilities in a manner that would interfere with reserved
activities, organized sporting activities, and others park users.
d. that failure of an individual to abide by the rules and regulations will result in
revocation of the permit and appropriate legal action.
5. Corm's agrees to [seep an aniwal register of all permit holders. Coral's agrees that metal
deiectorists under 18 years of age must have a parent or guardia[r signature ou the register
at the time a permit is issued.
C. Roth parties agree that this agreement to isst[e permits on behalf City is non-exclusive
and That other quali Ced organizations or entities may apply to the Parks Director to be an
authorized agent for issuance of metal detecting permits.
7. This agreement shall be for a term ofone {1) year, commencing on the first day o['June,
2001. This agreement shall automatically renew eacl~ year and shall be considered ayear-
lo-year agreement unless terminated by either of the parties, as noted herein.
8. This agreement may be terminated by either party at the end of the annual period upon
thirty {30) days w[•itten notice.
9. if Cane's is in breach or default of any ofthe terns, covenants or conditions of this
agreement and fail or refuse to cure such breach or default within ten (10} days of written
notice thereof, this AGREEMENT may be deemed terminated and forfeited without
further notice or dem:cnd,
10. Corm's shall not assign, sublet or transfer any rights or obligations under this willwul thG
express written consent of City.
11. City makes no warranty or premise as in the c~nditi~n, safety, usefulness of its parks for
metal detecting purposes.
IN WITNESS Wtl!/RE;O)~, the parties hereto have subscribed their names the day and year
written below:
~ tru~i~f'S VyA~AI'Ll 7 t ~iIT
~ f cTAL D"c'T~C':ORS-N[r1LTN FC10D5
/'` -~ %L 3 £. 3fith - {2081 343.281'0
CONN S WAMPUM HUT: t ~ ;; ia.~~;o~r~ c~~r iur~t[o 8371
By: ' e--~~i, c.~•c_ Date: ~° ! r' G' ~
BOISE CITY
DEPARTMENT OF PARKS AND RECREATION:
~~~'~ Date: / ~ 6~
J es R. Hall, Director
A.~~ ~~~ l~~0 1
'~'®
Mom®~°an~l ®~ ~J>~~~-~t~~~>~n~
This amendment No. l to Memoran um of Understanding is entered into for the purposes
stated herein as of _~day of 2009, by Conn's Warnpurn Hut (Cone's}, and the
City of Boise, acting through its De rtment of Parks & Recreation (City), collectively referred
to herein as "the Parties", for the purpose of modifying that certain Memorandum of
Understanding entered into by the parties September 7, 2001.
WHEREAS the MOU renews yearly with mutual consent of parties; and
WHEREAS the parties desire to amend the fees charged for Permit Identification Badges;
NOW, TIII/RIrFORE the Parties do hereby enter into this MOU and the terms and
conditions set forth below.
the following;
i•'1lodiif:cs~tean o@' Sectio~a 3 of tlhe 1~OU. Section 3 of the MOU is modified by
3. Corm's agrees to issue yearly Permit Identification Badges to those who
satisfactorily complete the test. Permit shall be issued at a cost of $10.00, forthe portion of the
year beginning June I of issued year, and ending May 3 I of the following year. The design and
content of the permit shall be subject to the approval of the Parks & Recreation Director or
designee. The nominal fee of $I0.00 for issuance ofthe permit is intended solely to allow
recovery of expenses associated with administering the education and testing program described
in this agreement. City understands and agrees that Cone's may split a portion of this fee with
Boise Schools Community Education program to offset advertising expenses.
IN WITNESS WHEREOF, the parties have executed and attested this MOU as of the
date and year first above written.
COI®tl~l";g WAIViIP~JI'Vl~ )E~J'T:
By:
Date:_ ~ ~ ®~ d ~
I30>151C CITE
PARKS ~i RIEC)E2}EATI~)'~ iDEPtI,)f3'I'It/IEiVT
~ ~ ,.,
y. ~ Date:
i ar s R. Hal(, Director ~ ~,
FINAL llRAFT
Revision Date: 02/04/2005
Author: Jamie Koole
Metal Detecting Rules
Boise Parks & Recreation Department
PURPOSE
To establish rules for metal detecting in Boise Parks & Recreation (BPR) facilities as directed by Boise
City C;nde (RCC) 9-l 4-04K.
GUIllL.LINLS
1. BCC authorizes metal detecting in Boise Parks ~'c Recreation facilities with a permit from an
authorized agent of BPR. All permittees shall display permit in plain sight and comply with the
Following rules and regulations.
2. Permits may be issued to users under the age of 18 with a guardian's signature.
3. Authorized agent of BPR will teach the following skills and permittees will be required to follo~a-
them:
a. Remove items properly froth the turf
b. Do not use a knife or trowel
c. Du not did; plugs
d. Do not pull grass
e. No probes longer than 8 inches or 1/4 inch across
f. Always heel probed ground
g. Abide by alI park rules and regulations
h. Do not interfere with reserve activities, organized sporting activities, or other park uses.
~l. Failure of an individual to abide by the piles and regulations will result in revocation of the
permit and appropriate legal action.
REPLACES RCSULU'1'ION #11369
APPROVED
B ~~~
B ise P s & Recreatio~z Dep ent
DATE
!U D5
Board of Park & Recreation Commissioners
Authority Given to Director by BCC 9-I4-04
sois~ City eounoil Authority Given to Director by BCC 9-14-04
Boise City Code section 13-03-04~K)
shall any person use such area and facilities for an unreasonable time if the facilities are
crowded; provided, however, reservations in advance may be made for any park facility
where diamonds, courts, halls, rooms, gyms, gardens, picnic shelters or fireplaces are
provided. All persons requesting advance reservation shall pay a fee as provided by the
Department and approved by the Commission and shall observe all Department rules and
regulations. Failure to observe such Department rules and regulations shall, in addition to
other applicable penalties, result in the itmediate termination of the advance reservation.
4. Permit Required. Conduct, sponsor, promote ar publicly advertise any meeting, concert,
theater, athletic event or other public activity in park facilities or any activities which
include amplified sound, use of equipment or apparatus, sales, closing parkways, fund
raising, or interference with the normal and regular use or maintenance of the park
without obtaining a park use permit.
5. Moving Tables, Move reserved tables without consulting a duly authorized
representative of the Director.
6. Duty of Reservation Holder. Violate the duty to leave all halls, rooms, gyms and other
building and pal•k facilities reserved for use in a condition identical to that when those
facilities were permitted to the reservation holder for use. All trash in the nature of boxes,
papers, cans, bottles, garbage and other refuse is placed in disposal receptacles where
provided. if no such trash receptacles are available, then refuse and trash shall be carried
away From the park area to be properly disposed of elsewhere.
E. Camping. No person in any park shall set up tents, shacks, or any other temporary shelter for the
purpose of camping, except by special permission by the Director, nor shall any person leave in a
park after closing hours any movable structure or special vehicle to be used, or that could be used,
for such purpose such as a motor home, camp-trailer, or the like.
F. Fires. No person in any park shall light, build, or maintain a fire in any public park, except for
culinary purposes in park grills, fireplaces, or privately owned grills, and no person shall leave the
immediate aria without first extinguishing such fire.
G. Games. No person in any park shall take part in or abet the playing of any games involving
thrown or otherwise propelled dangerous objects such as stones, arrows or javelins except in
areas set apart for such forms of recreation. Golfing or driving golf balls is prohibited except
where specific facilities have been provided.
H. 'Tennis Courts. No person in any park shall fail to observe and/or violate the rules of the use of
such courts as promulgated by the Commission.
I. Archery Range. No person in any park shall fail to observe and/or violate rules and regulations
for the use of such range promulgated by the Commission.
J. Hot Air Balloons. No person in any park shall tether or launch a hot air balloon except by permit
issued pursuant to rules and regulations promulgated by the Commission.
I{. Metal Detectors. No person in any park shall operate a metal detector without obtaining a permit
from an authorized agent of the Director. All permittees shall display permit in plain sight and
comply with all rules and regulations of the Department.
SUPPLELEMENT NO. 45