H1. Flathead Valley Hockey Association Memorandum of UnderstandingCITY OF
KALISPELL
MEMORANDUM
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
REPORT TO: Doug Russell, City Manager
FROM: Chad Fincher, Parks and Recreation Director
MEETING DATE: July 20, 2020
SUBJECT: Flathead Hockey Association MOU
BACKGROUND: The city owns and maintains Woodland Park and the Woodland Camp
Center, in which Flathead Valley Hockey Association has been operating a seasonal ice rink
since October 2007. The MOU between the city and FVHA expired in December.
Staff has reviewed and drafted a new five-year MOU identifying the responsibilities of each
party, to which both parties agree. The attached MOU indicates use by both parties' and their
obligations to set up and take down and responsibilities relating to programming of their own
recreational programs. The attached MOU specifies FVHA will pay utilities incurred during
their occupancy and expenses related to their staffing, Zambonis, rental skate fleet and
miscellaneous requirements related to their operations.
RECOMMENDATION: It is recommended the city council pass a motion authorizing the city
manager to enter into the MOU with Flathead Valley Hockey Association.
FISCAL EFFECTS: The city will be responsible for expenses related to maintenance of the
building, the snow removal from the roads within the park and city recreational programming.
Revenue will be collected for the city's Learn to Skate program. The expenses are included in
the parks FY 20/21 budget for which we have budgetary authority.
ALTERNATIVES: As suggested and approved by the City Council.
ATTACHMENT: Flathead Valley Hockey Association MOU
c: Aimee Brunckhorst, Kalispell City Clerk
USE AGREEMENT
This Use Agreement is made this day of July 2020, by and between the CITY OF
KALISPELL, a municipal corporation organized and existing under the laws of the State of
Montana, of 312 First Avenue East, Kalispell, Montana 59901 ("City"), and the FLATHEAD
VALLEY HOCKEY ASSOCIATION, a Montana corporation, of P.O. Box 2205, Kalispell,
Montana 59903 ("FVHA").
Recitals
A. The City owns and maintains Woodland Park, a municipal park and recreational
facility, located in the City of Kalispell, and more particularly, the area known as the Woodland
Camp Center located therein, as shown on the map attached hereto as Exhibit "A" and
incorporated herein fully by this reference.
B. FVHA is a Montana corporation incorporated for the purposes of providing
opportunities to the youth of the Flathead Valley to learn to play and participate in the sport of
hockey.
C. FVHA owns a portable ice rink and wants to install this rink at the Woodland
Camp Center for a certain term. The City wants to share in the recreational benefits of an ice
rink located in Woodland Park.
NOW THEREFORE, in consideration of the covenants, agreements, representations,
and warranties contained herein, the parties agree as follows:
Agreement
1. Installation of Portable Ice Rink: The City agrees that FVHA may, and FVHA agrees that
it shall install a portable ice rink at the Woodland Camp Center, located in Woodland Park,
Kalispell, Montana as set forth in more particularity on the map attached hereto and
identified as Exhibit "A", upon the terms as set forth below.
2. Term and Option to Extend: The terms of this agreement may be extended for an
additional FIVE (5) years, if, prior to NINETY (90) days before the termination date, the
FVHA requests such consideration from the Kalispell City Council and it agrees to the
extension.
3. Obligations of FVHA: FVHA shall have the following obligations under this agreement:
3.1. Fall set-up tasks:
3.1.1. Set up concession stand.
3.1.2. Set up lobby.
3.1.3. Set up rental skates.
3.1.4. Setup office.
3.1.5. Set up skate sharpening area.
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3.1.6. Move Zambonis.
3.1.7. Arrange and install propane service.
3.1.8. Install rubber matting.
3.2.
Required ice making tasks:
3.2.1.
Set up water treatment system.
3.2.2.
Start up chiller.
3.2.3.
Make base ice.
3.2.4.
Install/maintain glass.
3.2.5.
Paint ice, install lines and finish ice.
3.2.6.
Install rink shade system.
3.3. Season operation tasks:
3.3.1. Staffing youth hockey programs.
3.3.2. Staffing and administration of adult hockey programs.
3.3.3 Staffing and administration of public skate.
3.3.4. Staffing and administration of private rental times.
3.3.5. Staffing and administration of special programs, schools, mom and tots, figure
skating, etc.
3.3.6. Provide access to ice during open skate to accommodate "Learn to Skate"
program on an as -needed basis at no cost to the city.
3.3.7. Clean and maintain restrooms.
3.4. Expenses:
3.4.1. Required staff.
3.4.2. Kalispell Parks and Recreation will invoice throughout the season as electric bills
are received. FVHA will be responsible for all electric utility costs from October 1 to
March 31 of each year.
3.4.3. Kalispell Parks and Recreation will invoice throughout the season as gas bills are
received. FVHA will be responsible for all gas utility costs from October 1 to March 31
of each year.
3.4.4. Propane costs for Zambonis.
3.4.5. Blade sharpening costs for Zambonis.
3.4.6. Maintain rental skate fleet.
3.4.7. Zamboni maintenance, supplies and repairs.
3.4.8. Snow removal on steps, ramp and sidewalk at front of Rink entry, and all snow
removal necessary within the facility.
3.4.9. Color paper or ice paint.
3.4.10. Purchase restroom and cleaning supplies.
3.4.11. Repair and maintenance of the facility as it was received at the beginning of the
season.
3.5. Closing and takedown:
3.5.1. Palletize rubber mats.
3.5.2. Transport Zambonis to storage location.
3.5.3. Clean out lobby, office and concession area, and Zamboni room.
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3.5.4. Move out and store rental skates.
3.5.5. Shut down and clean chiller and equipment.
3.5.6. Sweep and properly dispose of all debris utilized in making ice and concrete
surface washed thoroughly by April 15 of each year.
4. Obligations of the City: The City shall have the following obligations under this
agreement:
4.1. Fall set-up tasks:
4.1.1. Set up and install locker rooms.
4.2. Season operation tasks:
4.2.1. Stacking Zamboni snow accumulation pile.
4.2.2. Administration of "Learn to Skate" program.
4.3. Expenses:
4.3.1. Maintenance and repair of building heating system.
4.3.2. Phone bill.
4.3.3. Snow removal on Woodland Park roads.
4.3.4. Marketing brochures and flyers will include FVHA schedule and announcements.
4.4. Closing and takedown tasks:
4.4.1. Move and store rubber mats.
4.4.2. Take down and store locker room materials inside garage at the facility.
5. Programming Responsibilities: The City and FVHA shall each have the following
programming responsibilities:
5.1. FVHA shall be responsible for the programming of the youth hockey league and open
public skate.
5.2. FVHA shall provide supervision and administration during Open Ice and Hockey.
5.3. The City shall be responsible for the programming of Learn to Skate programs.
5.4. The City shall provide supervision and administration for the Learn to Skate program.
5.5. The City and FVHA will cooperate in the distribution of materials for league
registrations and the promotion of league play.
6. Rules and Regulations for Use of the Facilities: The hours of operation for the ice facility
shall not extend beyond the park hours [6:00am — 11:00pm] unless approved by the Director
of Parks and Recreation. No alcohol shall be allowed on the site. All rules of Woodland
Park shall apply as set forth in Exhibit "B" attached hereto in fully incorporated herein by
this reference.
7. Indemnification and Insurance:
7.1. To the fullest extent permitted by law, FVHA shall fully indemnify, defend, and save the
City, its agents, representatives, employees, and officers harmless from and against any
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and all claims, actions, costs, fees, losses, or damages of whatever kind or nature arising
from or related to the use of the Woodland Camp Center as an ice facility for youth
hockey league play or practice.
7.2. FVHA shall maintain a policy for general liability in the amount of no less than
$1,500,000.00 aggregate and $750,000.00 per occurrence, and FVHA shall provide City
with proof of such insurance coverage within ten (10) days following execution of this
Agreement and at least annually thereafter. FVHA shall notify City thirty (30) days
prior to the expiration of any such required insurance coverage and during the term of
this Agreement shall ensure such required insurance coverage is timely renewed so that
there is no lapse in coverage during the term of this Agreement. FVHA shall further
notify City within two (2) business days of FVHA's receipt of notice that any required
insurance coverage will be terminated or FVHA's decision to terminate any required
insurance coverage for any reason. The required insurance coverage shall name the City
as additional insured.
8. Inspection and Testing: City has the right to inspect and test any and all work performed by
FVHA on the project. FVHA shall allow City and its agents access to the project at all times
and shall provide every reasonable facility for the purpose of such inspection and testing,
including temporarily discontinuing portions of the work or uncovering or taking down
portions of the finished work. Any inspection and testing performed by the City and its
agents is for the sole benefit of the City and shall not relieve FVHA of its duty,
responsibility, and obligation for ensuring the work strictly complies with all applicable laws
and building and safety codes.
9. Subcontractors:
9.1. FVHA may employ subcontractors for any work on the project only upon consent of the
City. FVHA shall provide City with a list of all subcontractors employed.
9.2. Even with the City's consent to a subcontractor, FVHA shall remain fully responsible
for the acts and omissions of any subcontractor as FVHA is for its own acts and
omissions.
9.3. FVHA shall be solely liable for any and all payments to subcontractors.
10. Indebtedness and Liens: FVHA shall furnish City with a satisfactory proof that there are no
outstanding debts or liens in connection with the project. If any lien or claim is filed or made
by any subcontractor or material man or any other person, FVHA shall immediately notify
the City and shall cause the same to be discharged of record within thirty (30) days after its
filing.
11. Headings: The headings used in this Agreement are for convenience only and shall not be
construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
12. Waiver: A waiver by City of any default or breach by FVHA of any covenants, terms, or
conditions of this Agreement shall not limit City's right to enforce such covenants, terms, or
conditions or to pursue City's rights in the event of any subsequent default or breach.
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13. Severability: If any portion of this Agreement shall be held to be void or unenforceable, the
balance thereof shall continue to be effective.
14. Applicable Law: The parties agree that this Agreement shall be governed in all respects by
the laws of the State of Montana and the parties expressly agree that venue shall be in
Flathead County, Montana, and no other venue.
15. Binding Effect: This Agreement shall be binding upon and shall inure to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
16. Amendments: This Agreement shall not be modified, amended, or changed in any respect
except by a written document signed by all parties.
17. No Third Party Beneficiary: This Agreement is for the exclusive benefit of the parties and
shall not constitute a third party beneficiary agreement and shall not be relied upon or
enforced by a third party.
18. Assignment: FVHA shall not assign this Agreement in whole or in part without the prior
written consent of the City.
19. Authority: Each party represents that it has full power and authority to enter into and
perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
20. Independent Contractor: The parties agree and acknowledge that in the performance of
this Agreement FVHA shall render services as an independent contractor and not as the
agent, representative, subcontractor, or employee of the City. The parties further agree that
all individuals and companies retained by FVHA shall at all times be considered the agents,
employees, or independent contractors of FVHA and shall at no time be the employees,
agents, or representatives of the City.
21. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement
of the parties. Covenants or representations not contained therein or made a part thereof by
reference, shall not be binding upon the parties. There are no understandings between the
parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless
specifically made a part of this Agreement by reference.
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IN WITNESS WHEREOF, FVHA and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF KALISPELL, MONTANA
Un
Doug Russell, City Manager
STATE OF MONTANA )
):ss
County of Flathead )
FLATHEAD VALLEY HOCKEY
ASSOCIATION
By:
FVHA
By:
FVHA
On this day of July, 2020, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Christy Eisinger, in her capacity as President of the Flathead
Valley Hockey Association, a Montana corporation, that executed the within instrument, and
acknowledged as such subscribed, sealed and delivered said instrument as the free and voluntary
act of said corporation, for the uses and purposes therein set forth, and that she was duly
authorized to execute the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Printed Name:
Notary Public, State of Montana
Residing at
My Commission Expires
STATE OF MONTANA )
):ss
County of Flathead )
On this day of July, 2020, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Scott Kroger, in his capacity as Board Member of the
Flathead Valley Hockey Association, a Montana corporation, that executed the within
instrument, and acknowledged as such subscribed, sealed and delivered said instrument as the
free and voluntary act of said corporation, for the uses and purposes therein set forth, and that he
was duly authorized to execute the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Printed Name:
Notary Public, State of Montana
Residing at
My Commission Expires
STATE OF MONTANA )
):ss
County of Flathead )
On this day of July, 2020, before me, a Notary Public in and for the State of
Montana, personally appeared Doug Russell, known to me to be the City Manager of the City of
Kalispell, a municipality, that executed the within instrument, and acknowledged that such City
Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said
municipality, for the uses and purposes therein set forth, and that she was duly authorized to
execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Printed Name:
Notary Public, State of Montana
Residing at
My Commission Expires
Woodland Park
411
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')°'Park Rd
Exhibit B
WOODLAND PARK RULES
Park Hours: 6:00 am to 11:00 pm
Speed Limit 15 mph
No Alcoholic Beverages
Dogs must be kept on leash
No littering
Parking in designated areas only