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Home My WebLink AboutCoyote Valley Tribal Council 2006-11-01 " � �� ,�(� ll�l e�4' MEMORANDUM OF UNDERSTANDING This Agreement is made and entered on November 1 st, 2006, in Ukiah, California, by and between the City of LTkiah ("City"), and the Coyote Valley Tribal Council ("Coyote"). RECITALS: 1. City operates community recreation programs that include basketball and aquatic training programs. ("City recreation programs"). 2. Coyote has gym and swimming pool availability and has teams and occasional use for aquatic training on its property("Coyote programs"). 3. The parties have determined that it is in their mutual interest, subject to the terms and conditions as further stated herein, to exchange the use of certain facilities owned and maintained by Coyote in exchange for free participation in the recreation programs provided by the City at these facilities. AGREEMENT: In consideration of the above-recited facts and the terms and conditions as further stated herein the parties hereby agree as follows: 1. Subject to the terms and conditions set forth in paragraph 3, Coyote shall make available to City for its use in conducting City recreation programs its gymnasium and swimming pool facilities. 2. Subject to the terms and conditions set forth in paragraph 3, the City shall make available to Coyote free participation in any programs operated at Coyote; as well as the following: a. Unlimited swim lessons &public swim at the LJkiah Municipal Pool b. Unlimited youth & one free team per league adult basketball c. Unlimited girls youth softball d. One free team per league men's, women's, and coed softball e. One free team per league coed volleyball To receive free registration participants must provide a tribal member verification letter and sign all applicable City release forms. 3. Except where special conditions are otherwise stated, Coyote shall make their facilities available to the City in accordance with the following terms and conditions: a. Coyote Valley will continue at its own expense to operate, manage,provide oversight of, and maintain its facilities for the uses currently conducted on that property. Coyote Valley shall 1 maintain the current facilities in a condition that allows for public use of the facilities for their intended purposes and shall not permit or maintain a dangerous condition thereon. The City will be responsible for basic clean-up of the gym(sweeping gym floor and removing garbage generated by City programming) after each use but will not be responsible for maintenance or cleaning of the restroom facilities. b. In the event that Coyote Valley does not operate, manage, provide oversight of, and maintain the facilities in a condition as required by Section 1 of this Agreement,the City shall have the right to provide written notice to the Coyote Valley of any conditions that violate the requirements of this Section 2. Within 15 days of its receipt of the notice, Coyote Valley must provide the City with a written response, setting forth remedies which are acceptable to the City. Furthermore, if Coyote Valley fails to remedy the violations then the programs utilizing such facilities will be canceled and Coyote Valley's right to the benefits in Section 2 of this Agreement shall be suspended until the condition of the facilities is corrected to the City's reasonable satisfaction. c. Coyote Valley will comply with all federal, state, and local laws and ordinances as may be applicable to the carrying out this MOU. d. The party using the facility under this Agreement shall defend, indemnify and hold harmless the facility owner from and against any claim for personal injury or property damage, including death, arising out of that party's use of the facility, including, but not limited to, claims based on the negligence or willfully wrongful conduct of the party using the facilities, or its negligent or willfully wrongful supervision of the activity. This indemnification shall not include injuries or damage resulting from a dangerous condition of the physical facility itself,unless(1)the party using the facility discovers the dangerous condition and fails to notify the owner immediately, in writing, of that condition; or(2) the owner has provided the party using the facility with prior written notice of the dangerous condition. The indemnification provided under this subparagraph shall include all costs of defending against any such claim, including,but not limited to, the fees of attorneys, experts, consultants and investigators. �?Prior to using any facility under this Agreement and as a condition precedent to its right to use such facilities, each party shall provide the other party with proof of general comprehensive liability insurance satisfactory to the other party with policy limits of not less than $1,000,000 per occurrence and a general aggregate limit of not less than $1,000,000. Each policy shall name the other party as an additional insured as to any use of facilities under this Agreement. The City may satisfy this requirement through the Memorandum of Coverage provided by the Redwood Empire Municipal Insurance Fund ("REMIF") a California joint powers agency of which the City is a party. 4. This Agreement shall become effective upon the date first written above and shall remain in effect for one calendar year or until 30 days following a written notice of termination by one party to the other party. 2 � 5. Whenever notice is required by the provisions of this Agreement, it shall be deemed given when deposited in the United States mail with proper postage affixed thereto or personally delivered and addressed as follows: CITY OF LJKIAH Coyote Valley Tribal Council C/O City Manager 7751 N State Street Ukiah Civic Center PO Box 39 300 Seminary Ave. Redwood Valley, CA 95470 Ukiah, CA 95482 Fax: 485-1247 Fax: 463-6204 6. This constitutes the whole agreement between the parties concerning its subject matter and supercedes and replaces any prior agreements, statements or understandings that may have existed between the parties. 7. This Agreement may be executed in one or more duplicate originals and when so executed each such duplicate original, bearing the original signatures of the parties, shall be admissible in any administrative or judicial proceeding as proof of its terms. 8. This agreement shall be interpreted and enforced in accordance with the laws of the State of California. The parties hereby agree to arbitrate any dispute that may arise under paragraph 3.d, and to the judicial enforcement of the obligation to participate in an arbitration, to the judicial confirmation an arbitrator's award as a California state court judgment and to the judicial enforcement of that judgment. The arbitration shall be conducted by a single arbitrator under the provisions of Part 3, Title 9 of the California Code Civil Procedure, commencing with §1280. The parties consent to the jurisdiction and venue of the California state courts in Mendocino County. WHEREFORE, this Agreement is made and entered on the date first written above. Coyote IJKiAH By : �� 1 By: � Its: � �l Y-r7�(A,i�l Its: ''^� \ �� 3