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HomeMy Public PortalAbout2015.07.01 McCall Donnelly School District Tennis Court AgreementMEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MCCALL ("CITY") AND MCCALL DONNELLY JOINT SCHOOL DISTRICT NO. 421 ("DISTRICT") FOR JOINT USE OF TENNIS COURT FACILITIES RECITALS WHEREAS Idaho Code Section 33-601(5) authorizes the Board of Trustees of each school district to enter into contracts with any city located within the boundaries of the school district for the joint purchase, construction, development, maintenance and equipping of playgrounds, ball parks, swimming pools, and other recreations facilities upon property owned either by the school district of the city; and WHEREAS the District is the owner of real property in the City, including tennis court facilities that are capable of being used by the City for community recreational purposes; and WHEREAS, under appropriate circumstances, these publicly held lands and facilities should be used most efficiently to maximize use and increase recreational opportunities for the community; WHEREAS the District and the City desire to agree upon and clarify the operations and maintenance responsibilities, and, condition of use of the four (4) McCall -Donnelly School District tennis courts located on Mission Street (Tennis Courts); NOW THEREFORE, the District and the City agree to cooperate with each other as follows: 1. Term This Agreement shall be effective upon signing for the period of three years commencing July 1, 2015, unless sooner terminated as provided herein after in Section 12. 2. Facilities Covered The terms of this Agreement apply to the Tennis Courts and the surrounding grounds, or any other facilities added to this Agreement by mutual agreement and in writing signed by both the District and the City. 3. Permitted Use of Tennis Courts The District shall be entitled to the exclusive use of the Tennis Courts for public school and school -related educational and recreational activities including summer school, at such times as are being used by the District or its agents. The City shall be entitled to access the Tennis Courts to open them for use by the Community during non school hours and when otherwise not designated for school use. Such use will be called "Public Use Hours." MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND DISTRICT FOR JOINT USE OF TENNIS COURT FACILITIES July 9, 2015 Page 1 of 4 4. Compliance with Law A11 use of the District and City property shall be in accordance with state and local law. In the case of a conflict between the terms of this Agreement and state or federal law, the state or federal law shall govern. Any actions required by state or federal law but not consistent with the terms of this Agreement, shall not be construed as a breach of the Agreement. 5. Obligations of the City a. Designation of Employee The City shall designate an employee with whom the District, or any authorized agent of the District, may confer regarding the terms of this Agreement. b. Equipment Installation and Removal The City staff shall provide equipment and personnel to remove and install nets on an annual basis. c. Custodial The City shall encourage community users to dispose of trash in the trash receptacles. The City shall provide equipment and personnel to remove dirt and rocks off court surfaces once (1) a year, or, as needed and determined by district or city officials, and to remove all trash and debris in and around the courts as needed and determined by District or City officials. 6. Obligations of the District a. Custodial The District shall provide trash receptacles for all use on the Tennis Courts. The District shall provide equipment and personnel, during the school year, to remove dirt and rocks off of the Tennis Courts surfaces twice (2) a year, or, as needed and determined by District officials, and to remove all trash and debris in and around the Tennis Courts as needed and determined by District officials. 7. Maintenance The District retains responsibility for maintenance of the Tennis Courts at a basic level of service subject to normal wear and tear. The District shall notify the City of any known change in condition of the Tennis Courts. 8. Repair The City shall be wholly responsible to repair, remediate, or fund the replacement or remediation of any and all damage or vandalism to the Tennis Courts that occurs during Public Use Hours. a. Inspection and Notification. The District shall inspect and notify the City of any such damage including the date of the damage, name of inspector, description of damage, and estimated fixed costs of repair or property replacement. MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND DISTRICT FOR JOINT USE OF TENNIS COURT FACILITIES July 9, 2015 Page 2 of 4 b. Repairs. Except as mutually agreed, the City shall not cause repairs to be made for which the District is responsible. The City shall reimburse the District for any costs incurred which are determined to be the City's responsibility under this Agreement or otherwise by law. 9. Tennis Court Improvements Any improvements or changes made to the Tennis Courts or surrounding grounds, in any capacity, must receive prior approval of the District through an official proposal. This includes, but is not limited to, structural or aesthetic improvements, fencing, paving, etc. 10. Indemnification The City shall indemnify and hold harmless the District, its Board, officers, employees and agents (collectively, the School Parties") from, and if requested, shall defend them against all liabilities, obligations, losses, damages, judgments, costs, or expenses (including reasonable legal fees and costs of investigation) (collectively "Losses") as a result of (a) personal injury or property damage caused by any act or omission during the Public Use Hours; or (b) any damage to any District property as a result of access granted pursuant to this Agreement; or (c) to the extent any Loss arises out of the negligence or willful misconduct of the City, its employees and/or agents; provided, however, the City shall not be obligated to indemnify the School Parties to the extent any Loss arise out of the negligence or willful misconduct of the School Party. 11. Insurance The City and The District agree to provide the following insurance in connection with this Agreement. a. General Liability. Commercial General Liability for bodily injury and property damage, including Personal Injury and Blanket Contractual, with limits of $1,000,000 per occurrence and $3,000,000 aggregate. b. Workers' Compensation. Workers' compensation coverage as required by Idaho law. c. Documentation of Insurance. The City and District shall provide to each other a certificate of insurance each year this Agreement is in effect showing proof of the above coverage. 12. Termination This Agreement may be terminated immediately for cause which shall include, but is not limited to, the necessity to use the Tennis Court property for an alternative school use or purpose as determined by the Board of Trustees. MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND DISTRICT FOR JOINT USE OF TENNIS COURT FACILITIES July 9, 2015 Page 3 of 4 13. Entire Agreement. This Agreement constitutes the entire Agreement between the parties. 14. Amendments. This Agreement may not be modified except by written instrument executed and approved in the same manner as this Agreement. 15. Severability The terms of this Agreement are severable in that if any term is found to be void or voidable by law, the remainder of the Agreement shall be in full force and effect. 16. Controlling Law This Agreement shall be construed and enforced under Idaho law. EXECUTED this 9 day of July, 2015. City of McCall: By I s: Jacki - . Aymo Mayor ATTEST, ner, City Clefk McCall Donnelly Joint School District No. 421: ames V. Foud Its: Su erintendent MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND DISTRICT FOR JOINT USE OF TENNIS COURT FACILITIES July 9, 2015 Page 4 of 4