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.
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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
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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
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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
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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
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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