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Poway Unified School District (2)0 AGREEMENT BETWEEN THE CITY OF POWAY AND THE POWAY UNIFIED SCHOOL DISTRICT FOR COOPERATIVE USE AND MAINTENANCE OF THE FUTURE FARMERS OF AMERICA FACILITY THIS AGREEMENT, made and entered into this 2nd day of April , 1991 , by and between the City of Poway (hereinafter called "CITY ") and the Poway Unified School District, State of California, (hereinafter called "DISTRICT ") WITNESSETH WHEREAS, the CITY and the DISTRICT are mutually interested in and concerned with the provision of adequate facilities and services for the community; and WHEREAS, said governing bodies are authorized by Government Code of the State of California, Chapter 5 (Section 6500 et. seq.) to enter into agreements with each other to promote the health and general welfare of the community and contribute to the attainment of education goals and objectives within the community; and WHEREAS, the DISTRICT has contributed $15,000 and the CITY has contributed $181,640 and use of the site for the facility described below; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code of the State of California (Section 10900 et. seq.) to organize, promote, and conduct activities within or without their territorial limits. NOW, THEREFORE, the CITY and DISTRICT agree as follows; 1. USE OF FACILITY: A. The CITY shall make available to the DISTRICT the Future Farmers of America facility (hereinafter called the "facility ") which shall be built on CITY land, on the terms and conditions set forth in this Agreement. B. The DISTRICT shall use the facility during the hours of operation at Lake Poway (hereinafter called the "Park "). Access to the facility after normal operating hours shall be restricted for emergencies such as animals needing attention due to illness or birth. 3 0 0 C. The DISTRICT'S Future Farmers of America Advisor shall have a key to access the facility after park hours and shall take full responsibility for Future Farmers ofAmerica members when entering the park during closed hours. D. The DISTRICT shall be prohibited from entering or using park facilities other than the Future Farmers of America facility while the park is closed to the public. E. In the event that a special circumstance warrants the need for a Future Farmers of America member to stay with an animal outside normal park operating hours, the DISTRICT shall be required to notify the CITY in advance. F. The DISTRICT shall furnish all personnel and supervisory staff, all materials, supplies, and equipment (personal property) required for conducting a animal husbandry program. G. The DISTRICT shall inform the CITY of any schedule changes or special needs required for the facility. H. The DISTRICT shall provide the CITY a 24 -hour callback list for emergency purposes. 2. MAINTENANCE: A. The CITY shall be responsible for all maintenance and repair of structures and installations (barns, fences, irrigation systems, etc.) on CITY property. The CITY shall be responsible for the cost of such maintenance and repair. B. The DISTRICT shall maintain the facility and the immediately surrounding nearby real property in neat, clean, orderly, and sanitary condition. C. The facility shall be cleaned by the DISTRICT on a daily basis and a waste management program shall be established. D. Solid animal waste shall be cleared from the stalls and stored in airtight containers. The airtight containers shall be removed from the site as needed. E. The facility shall be equipped with an automated fly and insect control system to be installed by the City. F. Disinfectants and pesticides used to clean the facility 2 must be environmentally safe. G. The CITY and the DISTRICT shall cooperate in maintaining and protecting the facility and shall limit use of the facility at any time it is deemed that such use will result in damage, will create unsafe use, or will interfere with major repair or restoration. H. The CITY and DISTRICT shall periodically review maintenance standards and practices and mutually agreed upon recommended changes. 3. UTILITIES The DISTRICT shall be responsible for all gas, electric, water, and sewer expenses associated with operating the facility as well as the cost of all utility hookups associated with the construction and operation of the facility. 4. SECURITY The City will provide security for the facility at its expense. Issuance of keys to the facility to other than CITY personnel shall be limited to the DISTRICT'S Future Farmers of America Advisor in order to restrict access to the facility after the park's operating hours. 5. EMPLOYMENT RELATIONSHIPS AND OBLIGATIONS For the purpose of this Agreement, all persons employed in the performance of services and functions for CITY shall be deemed CITY employees and no CITY employee shall.be considered as an employee of the District or under jurisdiction of the District, nor shall such CITY employee have any DISTRICT pension, civil service, or other status while an employee of the CITY. The DISTRICT shall not be responsible for the payment of any salary, wage or other compensation to any CITY personnel performing services hereunder for CITY. The CITY shall not be liable for compensation or indemnity to any DISTRICT employee for injury or sickness or wages arising out of his /her employment with the DISTRICT. For purposes of this Agreement, all persons employed in the performance of services and functions for DISTRICT shall be deemed DISTRICT employees and no DISTRICT employees have any CITY pension, civil service, or other status while an employee of the DISTRICT. The CITY shall not be responsible for the payment of any salary, wage or other compensation to any DISTRICT personnel performing services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or 3 0 0 indemnity to any CITY employee for injury or sickness or wages arising out of his /her employment with CITY. 6. FUTURE FACILITY DEVELOPMENT: A. DISTRICT agrees to consult CITY as to the type and specifications of equipment and facilities to be constructed or modified on CITY property. DISTRICT shall furnish to the CITY all plans and specifications for approval by CITY. B. DISTRICT agrees, prior to the construction of improvements on CITY property, to consult with CITY on all construction schedules. The CITY shall grant site access to the DISTRICT necessary for the construction of the improvements. Construction shall not interfere with the recreational facilities of the CITY. C. Upon CITY and DISTRICT concurrence, future facility improvements located on CITY property shall be included within the terms of this Agreement. 7. INDEMNITY AND HOLD HARMLESS: The DISTRICT shall indemnify, defend, and hold harmless the CITY, members of the City Council, Boards or Commissions, its employees, officers and agents, from any and all loss, damage or expense which may arise by reason of injury to property or injury to or death of persons, received or suffered by reason of the DISTRICT'S use of the facility, whether or not such use is authorized by this Agreement. The DISTRICT shall indemnify, defend, and hold harmless the CITY, members of the City Council, Boards or Commissions, its employees, officers and agents, from any and all loss, damage or expense which may arise by reason of injury to property or injury to or death of persons, received or suffered by reason of the DISTRICT'S failure to repair and maintain the facility as required by the Agreement. The CITY shall indemnify, defend, and hold harmless the District, members of the Board of Trustees, its employees, officers and agents, from any and all loss, damage, or expense which may arise by reason of injury to property or injury to or death of persons, received or suffered by reason of any defective or dangerous condition of the facility created by the CITY. In the event the CITY and DISTRICT jointly sponsor any event or program, neither shall be obligated to defend, indemnify, or hold harmless the other from any loss, damage, or expense which may arise by reason of injury to property or injury to 4 0 or death of persons received or suffered at such event or program. For purposes of this paragraph, usual and ordinary Future Farmers of America activities shall be deemed to be sponsored so by the DISTRICT unless the CITY has specifically agreed in writing to sponsor such activity. 8. INSURANCE During the term of this Agreement, each party shall obtain and maintain in full force and effect the following insurance coverage: A. Workers' Compensation Insurance. Full workers' compensation insurance shall be provided that is necessary in connection with the performance of this Agreement to protect itself and its employees under the Workers' Compensation Act. B. Liability Insurance. Each party hereto shall carry property damage and public liability insurance or self- insurance with limits of at least $1,000,000 that covers the areas and activities set forth in this Agreement. The property damage and public liability insurance or self - insurance shall include all areas and activities set forth in this Agreement under their insurance program. Each party shall be added as insured to the respective policies. C. Certificate of Insurance. Each party shall deliver within fifteen (15) days of the demand by the other party, certificates of insurance or self- insurance which shall provide that no cancellation, major change in coverage, or nonrenewal will be made during the term of this Agreement, without thirty (30) days written notice to the other party prior to the effective date of such cancellation or, change in coverage. 9. TERM: This Agreement shall become effective commencing on the date this document is fully executed by both parties. This Agreement may be cancelled without cause by either party upon written notification not less than 60 days in advance of the end of the cancelling party's fiscal year. 10. AMENDMENT: The provisions of this Agreement may be amended or modified only by mutual consent and written agreement of the respective parties. The parties hereto agree that there shall be a periodic review of this Agreement for the purpose of assessing the need for any amendment or modification to 5 s • the Agreement. Review will be held upon the request of either party. 11. DISPUTE RESOLUTION: In the event of any dispute or difference arising from this Agreement or from the use or proposed use of a facility, then, in this event, said dispute or difference shall be settled and arbitrated jointly by the City Manager and Superintendent. 12. SUPPLEMENTAL AGREEMENT: The CITY and DISTRICT may enter into supplemental agreements to provide more specific detail regarding the operation of the joint use facility. If there is any conflict between the supplemental agreement and this Agreement, the supplemental agreement shall govern. 13. BINDING EFFECT: This Agreement shall inure to binding upon the CITY and the successors and assigns. the benefit of and shall be DISTRICT and their respective IN WITNESS WHEREOF, the CITY and DISTRICT have signed this Agreement on the respective dates indicated below at Poway, California. A OF POWAY POWAY UNIFIED SCHOOL DISTRICT ,Mayor z Pr sident Board of Trustees Date ATTEST: 1 2, 1991 Date: A"-J/ /i /% �!A04191t� Marjorie",K. Wahlsten City lerk 9 Secretary, Board of Education