RESOLUTION 2021-7 – City of Rich Hill

A Resolution authorizing a facilities and services agreement with the Rich Hill 4th of July Committee for the use of Park Place and Prospect Park; Olive Street from Fayette Street to Second Street; Park Street from 14^th Street to McCombs Street; Maple Street from 8th Street to 6^th Street; Pine Street from Railroad Street to 6^th Street; Railroad Street from Park Street to Pine Street; 7^th Street from Walnut Street to Pine Street; 6^th Street from Walnut Street to Maple Street; 5^th Street from Walnut Street to Maple Street; 3^rd Street from Walnut Street to Maple Street; 2^nd Street from Olive Street to Park Street; 1^st Street from Chestnut Street to Park Street; and Fayette Street from Chestnut Street to Park Street for the Fourth of July Celebration, Fireworks Display, and Parade; and fixing the time when this resolution shall become effective.

BE IT RESOLVED, by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

SECTION 1 – The Mayor of Rich Hill is hereby authorized to execute a facilities and services agreement with the Rich Hill 4th of July Committee for the use of Park Place and Prospect Park; Olive Street from Fayette Street to Second Street; Park Street from 14^th Street to McCombs Street; Maple Street from 8th Street to 6^th Street; Pine Street from Railroad Street to 6^th Street; Railroad Street from Park Street to Pine Street; 7^th Street from Walnut Street to Pine Street; 6^th Street from Walnut Street to Maple Street; 5^th Street from Walnut Street to Maple Street; 3^rd Street from Walnut Street to Maple Street; 2^nd Street from Olive Street to Park Street; 1^st Street from Chestnut Street to Park Street; and Fayette Street from Chestnut Street to Park Streetfor the Fourth of July Celebration, Fireworks Display, and Parade. The form and content of the agreement shall be substantially in the same form as set forth in “Exhibit A” attached hereto and made a part hereof as fully as if set forth herein verbatim.

SECTION 2 – This resolution shall be in full force and effect from and after its passage.

PASSED this 9^th day of June 2021

ATTEST:

____________________________ ______________________

Amber Barker, Deputy City Clerk Nathan Kassner, President of the Board

APPROVED AS TO FORM:

Ayes: Kassner, Bonham, Thompson

Nays:

Abstain:

EXHIBIT A

Rich Hill 4th of July Committee

Facilities and Services Agreement

This agreement is entered into by and between the Rich Hill 4th of July Committee hereinafter referred to as “Committee” and City of Rich Hill hereinafter referred to as “City” for the use ofPark Place and Prospect Park; Olive Street from Fayette Street to Second Street; Park Street from 14^th Street to McCombs Street; Maple Street from 8th Street to 6^th Street; Pine Street from Railroad Street to 6^th Street; Railroad Street from Park Street to Pine Street; 7^th Street from Walnut Street to Pine Street; 6^th Street from Walnut Street to Maple Street; 5^th Street from Walnut Street to Maple Street; 3^rd Street from Walnut Street to Maple Street; 2^nd Street from Olive Street to Park Street; 1^st Street from Chestnut Street to Park Street; and Fayette Street from Chestnut Street to Park Street for the Fourth of July Celebration, Fireworks Display, and Parade. In consideration of the mutual benefits to be derived, the parties agree to the following terms and conditions.

A. PURPOSE OF USE

The City shall make available the facilities as specified above including, but not limited to, Park Place Pavilion, sidewalks, Prospect Park shelter houses, sand volleyball courts, tables and parking areas. The City shall not be liable for any delays, failures, or accidents that may affect the services and use of the facilities.

B. DATE OF USE

The Committee meeting/event/convention/conference shall be held on June 30^th-July 4^th with set up on June 27^th-July 1^st and clean up July 5^th-10^th.

The Committee shall pay the City for rent of the properties and for use of facilities as follows: $10.00 + out of pocket expenses to be billed after the event (electric and water usage, damages, if any, and up to but not to exceed $500 for security). A deposit of $500 shall be paid upon execution and delivery of this agreement.Any changes to the original agreement shall be in writing and signed by both parties.

C. FIREWORKS DISPLAY

Whereas, there is a large increase in foot traffic, business sales, tourism that results in financial benefits that the City receives solely from this event the City shall contribute $5,000 for the purchase of fireworks used during the fireworks display.

The Committee shall provide the City with a copy of the receipt for the total of the fireworks purchased.

D. OTHER CONDITIONS

To the extent allowed by law, the Committee shall indemnify, protect, defend and hold harmless the City, its officers, agents, and employees from any and all liability including claims, demands, losses, costs, damages, and expenses of every kind and description (including death) or injuries to persons or damages to property arising out of the Committee’s use of the City’s facilities and services.
The Committee may advertise any performance, exhibition, attraction or public display that meets with the approval of the City as to the means and manner of the advertising. No programs shall be sold without the consent of the Board of Alderman.
The Committee shall comply with all rules and requirements of the Police Department and other appropriate authorities; shall obtain and pay for all necessary permits and licenses; and shall not do or suffer to be done anything on the premises during the term of this agreement that is in violation of the state or federal law or the City ordinances, rules and regulations.

Due to increased foot traffic, business sales and tourism in the City and because the festivity providers require them to be onsite to provide services, Article 2 of Ordinance 1711 shall not be in effect inside the street-closed areas during the dates of use registered with the Committee.

No booths or obstructions of any kind shall be allowed in front of water fountains. The Committee shall not injure or mar, or in any manner deface the premises; no bills, signs, or other articles shall be posted, nailed or otherwise attached to any part of the facilities in any manner as to injure, deface, or destroy the same. The Committee covenants and agrees that it shall, upon the termination of this agreement, surrender the premises in as good order and condition as existed at the commencement of the agreement, acts of God and ordinary wear and tear excepted.
Neither the Committee nor the festival providers shall bring onto, or possess on the City premises animals, pets, contraband, or other controlled substances.
The Committee shall not assign this agreement or permit any use of the premises other than herein specified, or let any article be brought into or act done on the premises that vitiate or increase the premiums of the insurance policy or policies held by the City on its facilities, of which the premises are a part of.
The City shall have, at all time, free access to the premises for conducting necessary inspections or attending to any other matter that is usual and customary in managing and regulating the facility. The keys and other locking devices may be logged out from the City in accordance to the City’s key policy.
The City, its employees, servants and agents shall not be responsible for any damage to the property or injury that may happen to the Committee’s agents, servants and employees, or to property that may belong to any other person including any of the general public that may attend the festival when the loss arises from theft, fire or any other circumstance.
The Committee through its concessionaire shall have the sole right:
to sell or serve refreshments, including food, confectionary, drinks (excluding alcoholic beverages), cigars, cigarettes, and other such articles;
to sell raffles during programs, souvenirs, and novelties; and
the right to conduct check stands.
Extra charges shall be paid for labor and materials when an excessive amount of cleaning is required to return the areas used to their prior condition. Extra charges shall also be due for damages resulting from loss or misuse of any furnishings or grounds equipment when repairs or replacements are required.
The City shall not be responsible for damage to or loss of any materials or equipment left at the facilities, on display or in storage.
The Committee and the City agree, stipulate and recognize that in entering this agreement, they are not in any way partners, co-partners, or in any way jointly interested in any mutual enterprise, but are to each other lessor and lessee respectively, and occupy that status only.
The Committee agrees that if the facilities, or any part thereof, shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this agreement or render the performance of any of its terms thereof by the City impractical of impossible, then and thereupon, this agreement shall terminate; and in the event the term of this agreement shall have begun prior to any such occurrence, the Committee shall pay rent for the premises for the number of days used at the rate herein specified.
Pursuant to Ordinance 1711, the Committee is hereby granted and exception to Ordinance 1711, in that it is authorized to utilize mobile homes and recreational vehicles in conjunction with the activities outlined in this Agreement.

Rich Hill 4^thof July Committee:City of Rich Hill, Missouri:

By: By:

Natalea Platt, President Nathan Kassner, President of the Board

Date: Date:

Attest:

Amber Barker, Deputy City Clerk

Date:

APPENDIX A

INSURANCE BY THE PRESENTER

Presenter shall carry during the terms of the Agreement, at its own expense, commercial General Liability Insurance (comparable to Comprehensive General Liability Insurance) against all claims or suits with the following minimum limit of liability:

$1,000,000 Combined single limit for bodily injury and property damage, per occurrence and aggregate.

All insurance policy(s) shall provide that the required insurance shall not be cancelled or altered, except after 10 days written notice has been given to “The Mayor” at 120 N. 7^th Street, City Hall, Rich Hill, MO 64779

A certificate of insurance evidencing the above requirements is to be filed with the City of Rich Hill at 120 N. 7^th Street, City Hall, Rich Hill, MO 64779, prior to the date of the performance.