Mou/Moa - 2020 - West Ada Schol District/Joint School District No. 2 - Agreement For Joint Use Of Sports Facilities - 10/22/2020 r
MEMORANDUM OF AGREEMENT FOR JOINT USE OF SPORTS FACILITIES
This MEMORANDUM OF AGREEMENT FOR JOINT USE OF SPORTS
FACILITIES ("MOA") is made this day of Dom ` , 2020 ("Effective Date"), by and
between the City of Eagle, 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, dba West Ada School District, ("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" 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. Eagle Academy, 100 S Academy Ave Eagle, Idaho;
2. Eagle Middle School, 1000 W Floating Feather Road Eagle, Idaho;
3. Eagle Elementary of the Arts, 475 N Eagle Road Eagle, Idaho;
4. Eagle Hills Elementary, 650 E Ranch Drive Eagle, Idaho;
5. Seven Oaks Elementary, 1441 N Seven Oaks Way, Eagle, Idaho; and
6. Galileo STEM 4735 W Saguaro Dr, Eagle, 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.
MEMORANDUM OF AGREEMENT FOR JOINT USE OF SPORTS FACILITIES Page 1
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
sessions, games, classes, camps, and related preparatory activities, under the terms and
consideration set forth in this MOA.
4. Fees waived. Pursuant to the "Interagency Governmental Agreement for Waiver of
Costs and Fees," executed by District and City contemporaneously herewith, fees related
to use of the facilities enumerated herein shall be waived.
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.
C. District's rights and obligations regarding District facilities.
1. 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.
2. 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.
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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:
Brandon"Beeg" Johnson Joseph E. Yochum
Parks and Recreation Director Assistant Superintendent - Operations
City of Eagle West Ada School District
660 E Civic Ln 1303 E. Central Drive
Eagle, Idaho 83616 Meridian, Idaho 83642
bjohnson@cityofeagle.org yochum.joe@westada.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, upon either Contact's
request, 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. The Hold Harmless and Indemnity Agreement shall govern City's
responsibility for any damage caused by City's use of District facilities under this Agreement.
G. Term of MOA. This MOA shall become effective as of the Effective Date upon execution
by both parties, and shall expire on September 30, 2030, 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.
MEMORANDUM OF AGREEMENT FOR JOINT USE OF SPORTS FACILITIES Page 3
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.
I. Termination process. Either party may terminate this MOA by providing sixty (60) days j
advance written notice of intention to terminate.
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, This MOA is intended to supersede the previous
"Memorandum of Agreement for Joint Use of Sports Facilities" entered into the Parties on
November 9, 2010.
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.
WEST ADA SCHOOL DISTRICT:
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Dr. Ma Ann Ranells, Superintendent
2)11911CITY OF EAGLE:
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. ;Pierce, Mayor
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