Playing Smart changelabsolutions.org | kaboom.org 104 5. Compliance With Law All use of District property shall be in accordance with state and local law. [Optional: Enumerate applicable state law here.] In the case of a conflict between the terms of this Agreement and the requirements of state law, the state law shall govern. Any actions taken by the District or the City that are required by state law, but are inconsistent with the terms of this Agreement shall not be construed to be a breach or default of this Agreement. 6. Communication A. Designation of Employees The District and the City shall respectively designate an employee with whom the other party, or any authorized agent of the party, may confer regarding the terms of this Agreement. B. Joint Use Interagency Team a. The District and the City shall establish a Joint Use Interagency Team (“Interagency Team”), composed of staff representatives of the District and the City, to develop the schedule for use of District Active Use Areas, to recommend rules and regulations for the District and the City to adopt to implement this Agreement, to monitor and evaluate the joint use project and Agreement, and to confer to discuss interim problems during the term of the Agreement. b. The Interagency Team shall hold conference calls or meetings _________ [add frequency of meetings here] to review the performance of the project and to confer to discuss interim problems during the term of the Agreement. If the Joint Use Interagency Team is unable to reach a solution on a particular matter, it will be referred to ________ [District official] and________ [City official], or their designees, for resolution. c. The Joint Use Interagency Team shall review the Agreement by ________ each year to evaluate the project, determine changes to the schedule, and to propose amendments to this Agreement. 7. Scheduling Use of Property A. Master Schedule The District and the City shall develop a master schedule for joint use of District Active Use Areas to allocate property use to the District, the City and third parties. The Interagency Team shall schedule regular _________ [frequency of meetings] meetings or at such other times as mutually agreed upon by the District and City. At these meetings, the District and the City will review and evaluate the status and condition of jointly used properties and modify or confirm the upcoming ______ [year/season/etc.] schedule. Communication: The parties will need a process by which to schedule use of properties, develop rules for implementing the Agreement, address and resolve any concerns or problems that arise during the Agreement, and evaluate the Agreement. The parties can determine what type of communication will best serve their needs in carrying out the Agreement. The parties will have developed some type of work group/ communication method in developing the plan that they may wish to continue to use to address issues that arise during the operation of the Agreement. Scheduling Use of Property: Depending upon the size of the District and City and the number of properties and potential users involved, the arrangements may require a great deal of planning and specificity. The parties may wish to include the general practice and procedures in the Agreement and elaborate more specifically in an attached exhibit or other document. Before entering into the Agreement, the District and City will have developed a process for scheduling properties. The Agreement will address how to continue and/or change the procedures for the subsequent term of the Agreement. Generally, the City and District develop a master schedule establishing District and City use of facilities. [Although each party could require the other to apply for use just as a third party would, the purpose of the Agreement is to facilitate use so that the parties need not do that for each use of property.] Then, the parties need to allocate use of the facilities to third parties. The primary ways to schedule third-party use is for each Owner to schedule third-party use of its own facilities or to have the City to schedule third-party use of all facilities. This document provides two alternative model clauses that communities may select from and tailor to their own use.
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