Playing Smart changelabsolutions.org | kaboom.org 117 8. Documentation and Allocation of Operational Costs A. Tracking Use of Facilities The District and the City shall each track use of their respective Properties under this Agreement. B. Documentation of Costs The District and the City shall maintain records of costs associated with the Agreement. C. Payment of Overtime Each party shall bear the cost of any overtime incurred by their employees in carrying out this Agreement. Each party shall provide to the other party an accounting on an annual basis of all overtime costs incurred as a result of overtime duties carried out by their respective employees. 9. Fees and Charges A. Fees The _____ [City or District depending upon who will be responsible for scheduling] may charge rental fees to third-party users of District Property to cover any administrative and maintenance costs which the District or the City may incur. Any fees and costs shall be assessed according to District policy. B. Documentation of Fees The District and City shall maintain records of costs associated with the Agreement. C. Annual Review of Benefits The District and City shall annually review the exchange of benefits based upon hours of use, costs, fees, and charges, [or capital investments]. Any compensation for an imbalance in joint use programming costs shall occur through balancing the exchange of future benefits [or substitute another method for allocating fees and benefits]. 10. Improvements A. The District shall obtain prior written consent of the City to make any alterations, additions, or improvements to City Property; the City shall obtain prior written consent of the District to make any alterations, additions, or improvements to District Property. B. Any such alterations, additions, or improvements will be at the expense of the requesting party, unless otherwise agreed upon. Documentation and Allocation of Operational Costs: In this and the following section, the parties may allocate any costs and revenue associated with the agreement. The parties should agree on the type and nature of costs and revenue to record and the methodology to measure and allocate them. Payment of Overtime: The parties can allocate the overtime costs as they choose, consistent with any overriding state or local laws. Fees and Charges: State law may limit the ability to charge fees to community users of public property. Consult with legal counsel before establishing fees. Annual Review of Benefits: The parties should determine a way to allocate the costs and fees of the joint use project. The parties may wish to simply divide the fee proceeds or reallocate costs by making improvements or using offsets of costs in future years. Improvements: The parties should determine whether they wish to be able to make “improvements” (beneficial changes to the owner’s property made by or for the benefit of the user) to the properties, and if so, whether they want to address improvements in this Agreement or another one.
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