Memorandum of Agreement with Joint School District No 2 for Joint Use of Sports FacilityMEMORANDUM OF AGREEMENT
FOR JOINT USE OF SPORTS FACILITIES
This MEMORANDUM OF AGREEMENT FOR JOINT USE OF SPORTS
FACILITIES ("MOA") is made this t' _ day of November, 2010 ("Effective Date"), by and
between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho ("City"), and Joint School District No. 2, a school district organized under the laws of the
State of Idaho ("District").
WHEREAS, the parties hereto are mutually interested in encouraging and supporting
athletic programs for students and community members and recognize that through cooperation,
publicly -held facilities can be used to meet broader community needs for education and recreation
than either party can provide separately; and
WHEREAS, District's Policy no. 1003. 10, "Use of School Facilities," a copy of which is
attached hereto as Exhibit A, states, among other things, that "City recreation programs shall pay
fees as established by a separate Memorandum of MOA";
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the recitals above, which are
incorporated herein, City and District agree as follows.
I. JOINT USE OF DISTRICT FACILITIES.
A. Priority Gyms defined. As used herein, "Priority Gyms" shall mean the specifically
enumerated gymnasiums within District facilities that are designated by this MOA for City
priority use. Gymnasiums designated as "Priority Gyms" are:
1. Heritage Middle School Practice Gym, 4990 North Meridian Road, Meridian, Idaho;
2. Paramount Elementary School Gym, 550 West Producer Drive, Meridian, Idaho; and
3. Meridian Middle School Wes Lowe Gym, 1507 West 8th Street, Meridian, Idaho.
B. City's rights and obligations regarding Priority Gyms.
1. School first priority use. At all times school activities shall have first priority for usage.
2. City next priority use. During the school year, Monday through Friday, between the
conclusion of school activities (i.e., approximately 6:00 p.m.) and 11:00 p.m., City shall be
entitled to the first right of use among non -District groups of the Priority Gyms for adult
athletic programming, including practice sessions, games, classes, camps, and related
preparatory activities, under the terms set forth in this MOA. During Thanksgiving break
and Christmas break, City's usage may be limited due to maintenance, cleaning, and/or
reduced utility settings.
3. As -needed use. During the school year, on an as -needed basis, City may request use of
other available District gymnasiums for adult athletic programming, including practice
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sessions, games, classes, camps, and related preparatory activities, under the terms and
consideration set forth in this MOA.
4. Annual payment. On or before November 30 annually, in consideration of the mutual
promises and covenants herein contained, City shall remit to District the sum of eight
thousand dollars ($8,000.00).
5. Facility access. City shall assign personnel to unlock District facilities for City -scheduled
uses, set up equipment, take down equipment, ensure that all persons have left the District
facility, and lock the facility.
6. Compliance with District policies. City shall exercise best efforts to see that any and all
use of school facilities scheduled or authorized by City is in compliance with District's
policies, which shall specifically, and without limitation, include the following:
a. Use and/or possession of alcohol and/or any controlled substance is prohibited;
b. Use and/or possession of all forms of tobacco is prohibited;
c. Other than as specifically set forth in this MOA, City shall not schedule or authorize any
use of District facilities without prior approval of District; and
d. All activities scheduled and/or authorized by City shall be appropriate and shall be in
accordance with the best interests of the District and its students and patrons.
7. District's rights and obligations regarding District facilities.
a. Stop play. Any duly authorized agent or employee of District may stop scheduled use of
District facilities, including play in progress, at any time where such action is warranted due
to floor or other conditions or coach, player, or spectator conduct.
b. Notification of closure. District shall provide thirty (30) days notice to City when a Priority
Gym or other District facility reserved by City will be closed for any reason, including
routine or scheduled maintenance or repair, except that this provision shall apply neither to
acts of God nor to emergency maintenance or repairs necessary to preserve health or safety.
II. GENERAL PROVISIONS.
A. Day-to-day communications. Communication between District and City regarding day-to-day
matters (e.g., issues related to use, scheduling, and maintenance of Priority Gyms) shall occur in
person or via e-mail, facsimile, or telephone. City shall provide District the name, e-mail
address, and telephone number of specific City personnel ("City Contact") who shall serve as
the liaison between City and District for all such matters, and District shall provide City the
name, e-mail address, and telephone number of specific District personnel ("District Contact")
who shall serve as the liaison between District and City for all such matters.
B. All other notice. All other notices required to be given by either of the parties hereto shall be in
writing and be deemed communicated when sent via electronic mail ("e-mail"), personally
served, or mailed via United States mail, to the following personnel and address:
MOA WITH MERIDIAN JOINT SCHOOL DISTRICT No. 2 FOR JOINT USE OF SPORTS FACILITIES PAGE 2 OF 4
Steve Siddoway
Parks and Recreation Dept. Director
City of Meridian
Bruce Gestrin
Assistant District Superintendent
Meridian Joint School District no. 2
33 E. Idaho Avenue 1303 E. Central Drive
Meridian, Idaho 83642 Meridian, Idaho 83642
ssiddoway@meridiancity.org Gestrin.Bruce@meridianschools.org
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
C. Seasonal review. The District Contact and the City Contact shall meet annually to review the
season, address any problems which may have arisen, and discuss improvements regarding the
parties' joint use of Priority Gyms.
D. Conflict resolution. If either party believes that the other party is not fulfilling its obligations as
established by this MOA, the complaining party shall give written notice of its complaint to the
other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct
the situation and confirm the correction in writing, or reject the complaint, explaining the
mitigating circumstances and why a remedy cannot be achieved.
E. Assignment. City shall not assign or sublet all or any portion of City's interest in this MOA or
any privilege or right hereunder, either voluntarily or involuntarily, without the prior written
consent of District. District shall not assign or sublet all or any portion of District's interest in
this MOA or any privilege or right hereunder, either voluntarily or involuntarily, without the
prior written consent of City. This MOA and each and all of the terms and conditions hereof
shall apply to and are binding upon the respective organizations, legal representative,
successors, and assigns of the parties.
F. Indemnification. On or about August 22, 2007, City and District entered into a "Hold
Harmless and Indemnity Agreement"; such agreement is attached hereto as Exhibit B and
incorporated herein by reference as though set forth fully herein.
G. Term of MOA. This MOA shall become effective as of the Effective Date upon execution by
both parties, and shall expire on June 30, 2012, unless earlier terminated or extended in the
manner as set forth in this MOA. If the parties to this MOA fail to mutually extend this MOA,
and neither has terminated the MOA, the term of this MOA, or such other terms as the parties
have agreed upon in writing, shall be renewed automatically for one-year periods thereafter
unless terminated by either party in the manner provided in this MOA.
H. Grounds for termination. Grounds for termination of this MOA shall include, but shall not be
limited to:
1. An act or omission by either party which breaches any term of this MOA.
2. An act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this MOA by either party.
3. A change in circumstances that renders the performance by either party a detriment to the
public health, safety, or welfare.
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I. Termination process. Either party may terminate this MOA by providing sixty (60) days
advance written notice of intention to terminate. Upon termination, City shall be entitled to a
refund of monies actually paid to District, in a prorated amount of eight hundred dollars
($800.00) per month remaining in the school year.
J. Construction and severability. If any part of this MOA is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other part of this MOA so long
as the remainder of the MOA is reasonably capable of completion.
K. Entire agreement. This MOA contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith.
L. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of
this MOA shall not constitute a waiver or relinquishment of any party's right to thereafter
enforce such term, and any right or remedy hereunder may be asserted at any time after the
governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement.
M. Applicable law. This MOA shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho.
N. Approval required. This MOA shall not become effective or binding until approved by the
duly authorized entities of both City and District. The parties signatory hereto represent and
warrant that each is duly authorized to bind, respectively, City and District to this MOA in all
respects.
IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly
authorized officers to be effective as of the day and year first above written.
MERIDIAN JOINT SCHOOL DISTRICT NO. 2:
Juan Vuittonet
Chairman of the Board
CITY OF MERIDIAN:
„ 11iiiur1r,;/
F MER' /`'''•,
POR,q T ,
BY: fest'
Tammy d eerd ycee o an
Mayor = SEAL City Clerk
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