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