HomeMy Public PortalAbout2016.11.14 Idaho Dept Parks & Rec Life Jacket Loaner MemorandumLIFE JACKET LOANER STATION MEMORANDUM OF UN ERSTANDINC
BETWEEN THE
IDAHO DEPARTMENT OF PARKS AND RECREATION
And THE
-CITY OF MCCALL
I. Parties to Agreement:
This Memorandum of Understanding (MOU) is entered into by the Idaho Department of
Parks and Recreation, hereinafter referred to as IDPR; and the City of McCall, hereinafter
referred to as the City of McCall. This MOU shall become effective upon the date of the
last signature.
II. Purpose of Agreement:
The purpose of this MOU is to increase boating safety in Idaho by making life jackets
available to boaters at no cost. The parties agree that a life jacket loaner station,
consisting of a kiosk, signage, life jackets in a variety of sizes, and associated materials,
will be located at McCall City Beach.
III. IDPR shall:
A. Work cooperatively with City of McCall to identify a specific location for the
kiosk that best serves the public needs.
B. Supply one (1) life jacket kiosk, signs, life jackets, and all associated materials.
C. Install the kiosk, signs, and life jackets, and provide two (2) weeks notice to City
of McCall.prior to such installation.
D. Inspect life jacket loaner stations once annually and make any repairs necessary.
E. Replace life jackets as needed.
IV. The City of McCall shall:
A. Work cooperatively with IDPR to identify a specific location that best serves the
public needs for the kiosk.
B. Assist IDPR to erect the pre -built -kiosk at the aforementioned property.
C. Inform IDPR of any known damage to the kiosk or signage.
D. Inform IDPR when life jackets are damaged or missing and replacement life
jackets are needed.
V. It is mutually agreed that:
A. This MOU shall be effective on date of last signature and shall continue in effect
for ten (10) years from that date. This MOU may be terminated upon mutual
agreement of the parties; or thirty (30) days written notice to the other party.
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B. This MOU may not be altered or amended in any fashion other than by a written
agreement signed by both parties.
C. By entering into this MOU the City of McCall assumes no responsibility for
claims, damages, losses, expenses, actions and suits arising from the Life Jacket
loaner program. IDPR agrees that it is responsible for responding to all claims,
damages, losses, expenses, actions and suits arising from the life jacket loaner
program. Nothing in this provision shall extend the liability of IDPR beyond that
provided in the Idaho Tort Claims Act, Idaho Code 6-901 et seq.
D. If any term or provision of this MOU is held by the courts to be illegal or in
conflict with any Idaho law, the validity of the remaining terms and provisions
shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the MOU did not contain the particular terms or
provisions held to be invalid.
E. This MOU shall be governed by the laws of the State of Idaho. Nothing herein
shall be construed as in any way enlarging, affecting or waving the jurisdiction,
responsibility, liabilities or existing rights of either party. Rather, this MOU
provides only for the exercise of existing authorities in a cooperative manner to
achieve a more efficient operation of government. For this reason, this MOU is
entered into for the sole purpose of setting forth the understanding of the parties in
achieving a common purpose, and is not intended to provide a basis for legal
action upon breach of any of its provisions.
F. The parties understand and agree that each party's participation in this MOU is
dependent upon available funds, and that this MOU may be terminated in the
event that sufficient funds to carry out the terms of this MOU are not available or
in the event of a holdback in funding that prevents such .party from carrying out
the terms of this MOU.
G. The parties agree that no person shall, on the basis of race, color, creed, national
origin, or gender, be excluded from or denied participation in or otherwise
subjected to discrimination in relation to any activity associated with this MOU.
Signatures:
4_41,
Jere Aymon%MayorCity of McCall Keith Hobbs, Operations Administrator
Idaho Department of Parks and Recreation
Date: IV Okie YY1k. _ 1) �Lf 10 Date:
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