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HomeMy WebLinkAboutCity of Idaho Falls Field Use AgreementJOINT USE AGREEMENT MEMORANDUM OF AGREEMENT made and entered into tf,is SEoay of April 2022, by and between the City of ldaho Falls, a municipalcorporation, hereinafter called the "City" and the ldaho Falls School District No. 91of ldaho lalls, Bonneville County, State of ldaho, hereinafter called "District." WITNESSETH: WHEREAS, the City owns certain lands, buildings, facilities and equipment for recreation and public use; WHEREAS, the District owns certain lands, buildings, facilities and equipment for recreation and public use; and WHEREAS, the City and District desire to enter into an agreement whereby lands, buildings, facilities and equipment nray be most completely and effectively used by boti parties for the greatest public good. NOW THEREFORE, in consideration of the covenants, conditions and obligations set forth herein, the city and the District agree as follows: 1. Jeint U!g-Subject to the terms and conditions hereof, the city agrees to allow the District, to use certain lands, Jacilities, athletic fields, and other facilities, as described in Exhibit "A" attached hereto (hereinafter referred to as "City Facllities")owned by the City, regardless of whether such facilities are located within the territorial boundaries of the district. City Facilities may also include such other athletic fields and facilities identified in a written memorandum or letter signed by the Director of the ldaho Falls Parks and Recreation Division and delivered to the District. The Districl agrees to allou/ the City, to use certain lands, facllities, athletic fields, and other facilities, as described in Exhibit "B" attached hereto {hereinafter referred to as "District Facilities")owned by the District, regardless of whether such facilities are located within the ter.itorial boundaries of the City. Each party's right to use the facilities of the other- shall be limited to programs and events that are directly sponsored by such party, and nothing herein shall grant or be construed as granting any right by either party to grant or allow the sole use of the other party's facilities by a third-party sponsor or other private or public organization or entity. 1 Each party may charge reasonable fees to the using party to def:'ay operational expenses incurred for materials, the set-up cost, clean-up costs or other reasor'lable costs specific to the activity and occurrence that the facility is being used for, where the using party is not providing said materials or labor for facitity preparaiions and use. The City and the District agree to the following reasonable fees: ldaho Falls High School Soccer Field Season Use: i200 Skyline High School Soccer Field Season Use: $200 Skyline Practice Field Season Use Boys: 5365 Skyline Practice Field Season Use Girls: 5 365 Baseball Field Use: $25 per game Softball Field Use: $30 per game 2. Term. Thetermof this agreement shall be indefinite, howevereach party reserves the right to terminate the Agreement at any time for its sole convenience, provided it shall first deliver at least thirty (30) days advance written notice to the other party. 3. Sched uling of Facil:ties. B. Prioritv Use Events. Each party shall submit in writing a Fa.ility Use Request lor all events, programs, or activities for which it desires of the other party's facilities on or before August 15 - September 1 of each year. Each party shall deliver a written notice of such decision to the other pady. ln the event priority is granted, the requesting party's right to use the facility of the other shall become absolule on the 30tr' calendar day preceding the commencement of the scheduled priority use event. The District shall give the City scheduling priority from August 15 - September 1 of each year. This is to allow adequate amou.t of correspondence time for the District and City to commun;cate facility needs p.ior to third parties scheduling fac:lities. In the case that a request for facility use is in question, t:'re request will not be concrete until verification of the affiliation of the requesling party ls validated by the District or City. 2 A. schedulins Coordinator. On or before August 15th of each ca le ndar year during the term hereof, the City and the Departmena shall respectively inform each party who the Scheduling Coordinators a.e at each lacility. Use of the District Facilities shall be scheduled through the School Coordinator {the "Coordinator"). Use of the City Facilities shall be scheduled through the Parks and Recreation Oflice Staff (the "City Coordirator"i. The Scheduling Coordinator shall have the responsibility to schedule and coordinate use of the facilities designed u nder section 1 of this Agreemert. Each of the parties shall ensure that a Scheduling Coordinalor has been and is always appointed du.ing the term of this Agreement and that the other party is apprised of the contact information of such Scheduling Coordinator. C. Force Maieure. Notwithstand in I the forgoing, each party's right to use the facilities oJ the other shall be subject to interruption, delay, cancellation or rescheduling of any event or program caused by fire, flood, naturaldisaster, labor shortage or other event beyond the control of the party owning the facility for which joint use is scheduled. ln such event, the owner of the facility shall have no obligation to provide substitute facilities at other locations on the day of the event. E. Rescheduling of High School Sport contest: ln the event that a high school sports contest be canceled, and need to be rescheduled, the District has the right to displace a third party user even if the contest is less than two (2) weeks prior to the commencement of the displaced event, under the conditions that the contest must be played in such short notice to meet district or state standing implications for post season tour.rament play. All IHSAA Sports. 4. Maintena nce. A. Tennis Court Maintenance. The Cit y agrees to keep the District's tennis courts located at the ldaho Falls High School and Skyline High School in good state of repair, provided that the parties agree to eoually share the costs if any major repair expense for such tennis courts. For the purpose hereof, a "major repair" expense shall be any expense which in the aggregate exceeds more than five thousand dollars ($5,000.00) during the fiscal year of the City. On or before April 15th of each year during the ternr hereof, the City shall submit to th€ district a proposed budget of all major repair expense which it reasonably anticipates will be incurred during the district's fiscal year. Upon the Dastrict's review and concurrence with respect to such budget, the District shall include such major repair expense as part of its budget for the next fiscal year. The District shall reimburse the City for its share of the budgeted major repair expense within thirty (30) days after such expense has been paid by the City and the City has delivered an invoice therefore to the District for its share thereof. The City shall keep and maintain all invoices, statements and documentation reflecting such expense and shall nrake the same available to the 3 D. Third Partv Displacement. In addition to the Priority Use rights granted under sub- section C above, each party to this Agreement shall have the right to displace or preempt scheduled third-party use of the other party's facilities up to two (2) weeks prior to the commencement of the event. For the purpose hereof, a third-party user shall be any person, entity or organization who has scheduled an event, program, or facility and who is not an agency, division or department of the party owning the facility where the event is to be located. ln such event, the party desiring to exercise such displacement rights shall give as much notice as reasonably possible under the circumstances, but in no event less than two (2) weeks prior to the commencement of the displaced event. District upon request during normal business hours. All routine, ordinary repairs shall be undertaken and performed by the City provided that in the event the total amount of such repair expense exceeds the sum of five thousand dollars ($5,000.00) during the fiscal year of the District. the City may deliver an invoice to the District for one-half the amount of such excess. B. Compass AcademV Skate?alk The City shall operate and maintain the skate park located at the Compass Academy School, including the cost of all routine expenses and major repair expenses as are reasonably necessary to keep the facility in good state of repair. C. Maintenance of Facilities Subject to the foregoing, the City and the District shall each operate, maintain, and keep their own respective lands, buildings, and facilities in a good state of repair, free from any dangerous condition of defect. The city and the District agree that routine maintenance of alljoint use facilities will be scheduled in a manner that does not otherwise interface, interfere with or impair the use of the facility by the other party, except for emergency maintenance or repairs which cannot reasonably be anticipated or scheduled, or which are caused by events which are beyond the control ofthe responsible party. 4 5. Supervision and Operation of Joint Use Facilities. The City and the District agree to provide at their own respective expense all operational personnel and staff as is usually and customarily employed by the operator of such facility, during the scheduled joint use times. ln the event additional personnel are necess:tated by and during anyjoint use period, the user of the facility shall pay for or retain such additional personnel or overtime personnel for the period during which joint use is made. In such event, preference shall be given to hiring or retaining the regular employees of the owner of the facility. Notwithstanding the foregoing, each party using the facilities of the other shall provide at its own expense adequate supervision of the participants using the facility as part of such party's scheduled program, event, or activity. Each party, when using the facilities of the other, shall also provide sufficient supervision as necessary to prevent damage, loss, or destruction to the facilities of the othe. during such joint use. Any damage, destruction or loss which occurs during such period ofjoint use, shall be borne by the party using the facility, unless such user can establish beyond a reasonable doubt that such damage, destruction or loss was caused by a person who was not a participant or spectator at such event, activity or progra m. 6 Rules and Resulalions. Each party may establish reasonable rules and regulations with respect to the use and operation of its facilities, and each party making use of the other's facilities shall provide adequate supervision of participants and spectators as sufficient to ensure such rules and regulations are obeyed. Each party reserves the right to immediately terminate or halt any activity, program, or event in the event it observes any violation of such rules and regulations and may immediately eject one, more than one or all the participants and spectators involved in such event, program or activity. once in the fall and once in the spring, the parties or their representative shall meet and confer for the purpose of discussing rules and regulations of each facility sub.iect to the terms of this Agreement and shall provide each other with a written copy of slch rules and regulations ln the event either party alters or changes such regulations, it shall notify the other party within a reasonable time thereafter of such changes. Each of the parties' will be responsible for providing to the using party the rules, regulations, and guidelines specific to each facility and its use. 7. Responsibilitv for Personal BeloneinRs. The owner of any facility or property subject to this Agreement assumes no obligation or duty with respect to the safe keeping of personal equipment, belongings, money or valuables of any participant or spectator involved in an activity, program or event sponsored by the other party. Prior to the commencement of such joint use, each party shall counsel with and advise all participants in such program, event or activity of their own personal responsibility to provide for the safe keepirg of such personal belongings, property, valuables, or money. 8. Repo rtine of Accidents or Damage. ln the event an y accident involving personal injury or significant property loss occurs during any period ofjoint use, the party making such joint use shall submit to the facility scheduling coordinator of the facility a written report of such accident or loss within twenty-four (24) hours after the date and time such event occurs. ln the event either party fails to make such designation, then such report may be submitted to the City Clerk or the Clerk of District. ln the event the accident or injury involves property loss estimated to exceed five thousand dollars ($5,000.00), the supervisor of such event shall notify the facility scheduling coordinator as soon as reasonably possible. Such supervisor shall also undertake reasonable efforts to preserve the names and identities of any persons who may have witnessed such event and sha ll take photographs of any condition that may be a contributing cause to such accident or injury. ln the event any accident results in significant personaliniury reporting hospitalization, ambulance transport or significant medical treatment, such supervisor shall also take the same precautions with respect to the preservation of evidence relating to the cause of the event. 9. Liability lnsurance. Each party shall procure and always maintain during the term hereof a policy of commercialgeneral liability insurance having a combined single limit of not less than two million dollars (52,000,000.00) for personal injury, death, and property damage. Such insurance shall be maintained with a reputable insurance company who is licensed to sell and issue such policiei of insurance within the state of ldaho- On or before August 1'r of each year during the term hereof, each party will provide the other party with certificates of insurance as evidence of such coverage. 10. Vendinq. All sales of food, beverage, concessions, or merchandise upon any premises subject to this Agreement shall be sub.iect to and governed by rules and regulations established by the owner of the facility. Neither party shall, without the express written consent of the other authorize any third-party vendor to conduct such sales or vending upon the premises owned by the other without the express written consent of the other Vending conducted by any officer, employee or agent of the parties shall also be subject to such rules and regulations promulgated by the owner of the facilities. 11. U n lawful Use. Neither party shall conduct, engage in, or allow any unlawful, obscene, or immoralacts to be committed or undertaken upon any premises being used pursuant to the terms if this Agreement. 12. Land and Water Conservation Fund Grant Restrictions. The district acknowled ges that some of the facilities owned by the City are subject to grant restrictions associated with recreational grants used to construct, improve, or operate such facilities. The District agrees that it will not knowingly or deliberately engage in any activity, conduct, or undertake any program which would violate the terms and conditions of such grant restrictions or cause the City to be in violation of s!ch grant restrictions. The City will, upon request of the District, provide the District with a copy of any such Brant restrictions as the same may apply to any facility subject to the terms of this Agreement. 13. Relationship of Parties. Nothin g herein shall be construed as or deemed to constitute any joint act or enterprise, partnership, or joint undertaking between the parties, it being the intention of the parties that each party shall be an independent contractor relative to each other. Neither party shall have any right, authority, or permission to act for or on behalf of the other or otherwise bind the other party without a duly authorized resolution of the governing board of such party. Neither party shall have any obligation to indemnify or hold the other party harmless with respect to any act or omission committed during the joint use of any facility hereunder. All allocation of fault or responsibility for such acts or omissions shall be in accordance with the ldaho Tort Claims Act. 6 14. Severabilitv. The separate provisions of this Agreement shall be separate and severable from each other, and in the event any such provision is determined to be in violation of public policy or otherwise enforceable for any reason, then such invalidity shall not affect the entorceability'oI the remaining provisions. 15. Construction and lntent. This writinB has been mutually drafted and reviewed by counsel for each of the parties, and in the event any provision hereof is determined to be ambiguous or unclear in any respect, the rule of construction requiring that such ambiguous provision be construed against the drafter, shall not be applied in determining the ;ntent of the parties. This Agreement shall be constructed in a manner and fashion that will effectuate the intent of the parties and, except as noted above, all other rules of construction or interpretation shall be applied as determined to be appropriate. 16. The City and the District agree to provide at their own respective expense, all operational personnel and staff as is usually and customarily employed by the operator of such facility, during scheduled joint use times. Each party shall hold the right to establish compensation wages that the party will pay its operational personnel and staff to supervise the other parties'facilities. The City's determined wage will be the same wage for all employees hired to supervisor a facility, regardless of the facility. 17. Notices- All notices required or allowed to be given under the terms of this Agreement shall be deemed to be delivered upon deposit thereof in the United State mail, addressed to the receiving party at the address set forth below, with proper postage affixed. Such notice shall be mailed to the parties at the following address, or such other address as may be delivered to the sending party, to wit: City of lda ho talls Attn: Director of Parks and Recreation P.O. Box 50220 lda ho Falls, lD 83405 ldaho Falls School District 91 Attn: Pat Lloyd IFHS 601 S. Holrnes Ave lda ho Falls, lD 83401 ldaho Falls School District 91 Attn: Gregg Baczuk 1767 Bluesky Drive lda ho Falls, lD 83402 7 18. Bindins Effect. This Agreement shall be binding upon its approval by the governing board of each of the parties and execution by the Mayor and Chairman of the Board of Trustees 19. Final Agreernent. This writing evidence the complete and final agreement between the parties, and no statement, representation or understanding shall be binding upon the parties except as expressly set forth herein. CITY OF IDAHO FALLS IDAHO FALLS SCHOOL DISTRICT NO. 91 ::XHlBlT A City of ldaho Falls Facilities All City owned Park and Recreation facilities 50me facilities may be subject to other agreements or fees: Melaluca Field Aquatic Center civic Auditorium Recreation Center Sandy Downs EXHIBIT 8 City of ldaho Falls Facilities All ldaho Falls School Dislrict 91 Elementary and Secondary schools 8.