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America's Freedom Festival at Provo Agreement

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America's Freedom Festival at Provo Agreement AMERICA'S FREEDOM FESTIVAL AT PROVO AGREEMENT This agreement is entered into this 12.- day of 2018 by and between America's Freedom Festival, Inc., hereafter "Corporation," and Provo City Corporation, hereafter "City." Recitals Whereas, there has been a Fourth of July parade and other Independence Day celebrations in Provo since the 1 800's; and, Whereas, City took over responsibility for the parade from The Church of Jesus Christ of Latter-day Saints in 1972; and, Whereas, with City involvement and sponsorship, the celebration known today as America's Freedom Festival at Provo was bom; and, Whereas, the Stadium of Fire became a part of the celebration in 1980; and, Whereas, the responsibility for America's Freedom Festival at Provo, hereafter "Festival," was transferred from City to Corporation in 1994 via an agreement dated June 13, 1994, hereinafter "1994 Agreement;" and, Whereas, America's Freedom Festival at Provo has a national reach, including the Stadium of Fire which is now broadcast worldwide via the Anned Forces Network; and, Whereas, the people of Provo feel a great source of community pride to be the hosts of America's Freedom Festival at Provo and their feeling of pride and commitment to the principles of freedom and patriotism find expression in the Festival; and, Whereas, America's Freedom Festival at Provo publications reach a large audience throughout Utah Valley, the State of Utah and throughout the inter mountain region; and, Whereas, America's Freedom Festival at Provo consists of 25 community events attended by more than 450,000 people; and, Whereas, America's Freedom Festival at Provo provides volunteer opportunities for local residents; and, 1 Whereas, America's Freedom Festival at Provo has a significant economic impact to City and other businesses including lodging, eating establishments, retail outlets, etc., estimated at over $9,000,000, and an estimated $115,000 in direct sales tax revenues. Agreement NOW, THEREFORE, in consideration of the premises recited above and the terms and conditions set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Corporation hereby agree as follows: 1. Funding: City agrees to participate as a sponsor of the Festival at the level of $75,000 cash annually, and to provide in-kind services to the Festival as defined below, at an estimated value of $75,000 annually. In-Kind Services: City shall provide in-kind services, including the cost of labor, services and materials associated with same as follows: Balloon Launch: Providing traffic control and crowd control services, including barricades; fire department standby; electrical service including Energy Department standby and deactivation of power lines as needed; refuse pickup and bags; chairs and folding tables. Festival Days: Providing one portable stage; electrical service; and the Fire Department's "Learn Not To Bum Trailer" with staffing. Firecracker Tournament: Preparation of fields; organization of tournament; cleanup services. Flag Retirement Ceremony: Providing bleachers, chairs and portable stage; and the Fire Department's "Learn Not To Bum Trailer" and one ladder truck with staffing. Freedom Run: Providing route approval and maps; traffic control; lead cars for each race; follow car; folding tables and chairs; free park and pavilion reservations of Kiwanis Park; electrical hookup at Kiwanis Park; and medical standby services, provided that race packet pickups are available at a location in Provo's corporate boundaries. Grand Parade: Providing temporary fencing; installation of street banners; bleachers as needed along the parade route; VIP seating platform; chairs for reviewing stand; electricity for announcer booths at the Library at Academy Square and other specified locations; trash bags and trash collection; street sweeping following the parade; Channel 17 broadcast and rebroadcast services; placement of fire trucks, ambulances and paramedic crews as needed; barricades as needed; posting of detour siY1s•, enforcement of no-parking regulations along the parade route; services of the police patrol along the parade route; coordination of parade route security in concert with Corporation's Grand Parade Committee, signage along the route advising spectators of rules of conduct; and providing coordination of lost children services. Lawn Preparation for Events: Ensuring that City parks and facilities used for the Festival events are adequately watered and maintained in advance of Festival events and coordinating irrigation schedules with Festival activities. Stadium of Fire: Provision of police bicycle patrol; barricades; pre and post event traffic control; the Police Department Foothill ATV patrol; communications van; fire and emergency medical standby services; issuance of the fireworks permit; and electrical services for the city's command post at Lavell Edwards Stadium Historic Provo Project: Provision of tours of the Provo City Library at Academy Square at scheduled times as requested by the Corporation. Children's Parade: Provision of two fire trucks with drivers; approval of the parade route; traffic control during the event; set up and removal of barricades; lead and follow patrol vehicles; bicycle patrol officers along the parade route. Other: Assignment of one city staff member to serve as the City's liaison to the Festival committee; provision of financial and accounting services to verify the City's in-kind contribution level. 3. Services Provided by Corporation. Corporation agrees to provide the following services in exchange for the City's sponsorship: Advertising for Provo City Two full-color, full-page advertisements in the Festival Magazine and one full-color, fullpage advertisement in the Stadium of Fire Program, with the City to determine the content and design of the advertisements. The Provo City logo to be featured on the Festival website and in print and media ads for Festival events. Placement of a city-owned banner at Freedom Days and in the Grand Parade. An advertisement in the Grand Parade insert, with the content determined by City and production made by the publisher of the Grand Parade insert. Two fifteen-second promotional spots on the Stadium of Fire Video Screens during the pre-show, with the spot produced by the City. 3 Event Participation Patriotic Service: 2 tickets on the podium and 40 additional reserved floor seats and additional floor seats upon request and subject to availability. Pre-patriotic Service Reception: 26 tickets. Grand Parade: 25 reserved seat tickets for the VIP stand with additional bleacher seats upon request and subject to availability Stadium of Fire: (1) 24 tickets in the $90 per seat area without charge and additional tickets available for purchase at the same prices in the same general area. (2) 35 additional tickets in the least expensive area without charge and additional tickets available for purchase at the same prices in the same general area. Stadium of Fire Pre-show Reception: 15 invitations for two persons each. Stadium of Fire Post-show Reception: 35 invitations with additional individual tickets available at $5 upon request and subject to availability. Stadium of Fire VIP Parking Passes: 10 passes. Freedom Awards Gala: 24 tickets. Hot Air Balloon Fest: 5 tickets for balloon rides. Mayors' Prayer Breakfast: 12 invitations for two persons each. The parties herein acknowledge that City may use tickets as detennined by city policy including use by elected officials in the course of their official duties, tokens of appreciation for employees or volunteers, or promotion of the City. 4. Annual Review: Each year within 90 days following the final Festival event, both City and Corporation shall provide a report detailing the financial benefits to the other regarding the services provided under this agreement. The report provided by City shall document the value of in-kind services provided to Corporation. The report provided by Corporation shall document the value of services provided to City as a result of the sponsorship and an estimate of the economic impact to Provo of the event and of the revenues derived by City from the economic stimulus provided by the Festival to City. 5. Term: The tenn of this Agreement shall commence on the date this Agreement is executed and shall terminate on June 30, 2019. Funding may be reduced or discontinued at the discretion of City, including, but not limited to, a determination that the consideration provided by the parties is not of equal value. 6. Non Discrimination: Corporation agees not to and shall not discriminate on the basis of race, color, religion, gender, age, national origin (ancestry), disability, marital status, sexual orientation, or military status in any of its applicable activities in violation of federal, state or local laws. Nevertheless, the parties recognize and acknowledge that, consistent with applicable law, parade and other event organizers in general, and the Freedom Festival Board of Trustees in particular, have wide discretion to include or exclude organizations, groups, individuals, content, etc., on a wide variety of grounds, including but not limited to the perceived quality of the entry or offering; alignment with the theme, mission and values of the Festival; compliance with the rules and standards; and so forth. Indemnification: Corporation shall defend, indemnify and save harmless City and all its officers, agents and employees from all suits, actions or other claims of any character, name and
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