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Home My WebLink AboutUkiah Unified School District (UUSD) 2015-10-09COU No. 1516 -130 TEMPORARY ACCESS AGREEMENT Between The City of Ukiah and Ukiah Unified School District This Temporary Access Agreement (the "Agreement ") is entered on October 9, 2015 ("Effective Date "), in Ukiah, California between the City of Ukiah ( "City "), a general law municipal corporation, and the Ukiah Unified School District ( "District "), a California School District, to provide the City with a temporary right to access and use property belonging to the District ('the Site ") which is depicted and described in the attached Exhibit A. RECITALS 1. The City is undertaking to investigate water resources on the Site within the area of Todd Grove Park and the Ukiah Golf Course ("the Project "). 2. The purpose of this Agreement is to allow the City and its authorized representatives, contractors, and subcontractors the temporary right to access and temporarily use District property (the "Property") on the Site as necessary during the investigation. Hereafter, all references to the "City" include its authorized representatives, contractors and subcontractors. AGREEMENT In consideration of the above recited facts and the terms and conditions as further stated herein, the parties agree as follows: 1. Right of Entry. District hereby grants the City a temporary right of access and use to the "Pomolita Fields" or APN 001 - 050 -11, and authorizes the City to enter upon the Property in order to investigate the Project in accordance with the Map. The City shall only enter upon as much of the Property as is necessary to complete the Project and said right of access shall terminate when the Project is complete. 2. Term. The term of this Agreement begins on the Effective Date and continues until the City completes the Project, but no later than January 9, 2015. The District may terminate this Agreement without cause on fifteen (15) days written notice to the City, and may terminate this Agreement for cause in the event of a breach of this Agreement upon written notice to the City. 3. Notification and Coordination. The City and the District will coordinate the City's access to the Property with the goal of providing adequate access for the purposes of completing the Project without undue interference with the day -to -day operation on the Property. 3.1 For purposes of this coordination, District designates Jim Moorhouse, telephone number 707- 472 -5081, cell phone number 707 -612 -0841, email address jmoorhousecuusd.net as the City's primary contact at Pomolita School. District may designate a different representative by written notice to the City. City designates Jarod Thiele, telephone number 707- 463 -6755, cell phone number 707 - 972 -2404, email address jthiele @cityofukiah.com as the District's primary contact with the City. City may designate a different representative by written notice to the District. 3.2 Through their designated representatives, the parties shall keep each other informed on a timely basis of their respective needs and of any problems or conflicts that arise during the temporary right of access to the Property. The City and the District will use their best efforts to address satisfactorily any concerns or problems that arise during the Project. 4. Applicable Law and Regulations. In exercising its rights under this Agreement, the City shall comply with all applicable laws, statutes, regulations, or ordinances with respect to the Project including, without limitation, all health, safety, and environmental laws, directives, California Division of the State Architect rules, ordinances, regulations, or statutes applicable to the investigation of the Project. 5. Restoration. Upon completion of the Project, the City shall repair and restore any areas of the Property damaged by the Project and restore the Site to a substantially similar condition as it was in before the Effective Date. 6. Indemnification. The City shall indemnify and hold the District harmless for any damage to the Property or to any person or property caused by the City during the term of this Agreement. The City shall indemnify and hold the District harmless for any damage to the Property or any person or property caused by the negligence or other wrongful conduct by the City, or its consultants, contractors or subcontractors during the term of this Agreement. The City shall defend, indemnify and hold the District harmless against any claim by a third party, including employees of the City, its consultants, contractors, subcontractors, or stop notice claimants, against the District for losses, damages, penalties or personal injuries, including death, which damages or losses are proximately caused by the Project, or by the negligent or willfully wrongful act or om ssion of City, its contractors, subcontractors or consultants during the term of this Agreement. Prior to commencing any work, the City shall provide to the District proof of comprehensive general or commercial liability insurance or comparable coverage from joint powers agencies providing the equivalent of insurance coverage to the City and provide the District with a policy declaration or equivalent notice, naming the District as an additional insured with policy limits of at least $2,000,000. This insurance shall be applicable to all City personnel who may be on site. The City shall provide the District with written notice of any cancellation of coverage and shall renew insurance certificates as they expire. The City shall ensure that all personnel working on District property pursuant to this agreement are covered by worker's compensation insurance as required by law. 7. Student Safety. Prior to commencing any work, the City shall certify compliance with Education Code section 45125.2. The City personnel (including contractors) shall not use student restroom facilities nor shall they interact with students. Adequate sanitation facilities shall be provided by City. If City personnel (including contractors) find themselves alone with a student, the personnel shall immediately contact the school office and request that a member of the school staff be assigned to that location to resolve the issue. Each work day, prior to any entry on to the school district's property, the City and its contractors shall first contact the school district's designee and shall advise the school district of the schedule of work at the property for that day. The City and its contractors shall make reasonable efforts to schedule and organize the work to minimize inconvenience to and to ensure the safety of the school district's students and staff. 8. Entire Understanding. This Agreement sets forth the entire understanding between the City and the District with respect to the subject matter of this Access and Maintenance Agreement and supersedes all prior negotiations and dealings pertaining to this Agreement. 9. Modification. No change in, addition to, or waiver of any of the provisions of the Agreement shall be binding upon either party unless it is established in writing and signed by each party. 10. Notice. The person authorized to give and receive notices and information on behalf of each party and the address and fax number for that person is set forth below. A decision communicated by the authorized representative of each party shall constitute the decision of the party, unless the other party has received prior notice, as provided herein, that the authorized representative's decision is not the decision of the party. Whenever notice of other communication is permitted or required by this Agreement, it shall be deemed given when personally delivered or when received, if delivered by overnight courier or fax, or 48 hours after it is deposited in the United States Mail with proper first class postage affixed thereto and addressed as follows: City of Ukiah Authorized Representative: Sage Sangiacomo, City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Fax: 707 -463 -6204 District Authorized Representative: Debra Kubin, Superintendent Ukiah Unified Offices 511 S. Orchard Avenue Ukiah, CA 95482 Fax: 707 -463 -2120 Either party may give notice in the manner provided above of a change in address or fax number. WHEREAFORE, this Agreement is binding on the parties as of the Effective Date. ty� Ukia kia Ukiah Unifi School Dim strict C0— `" -�s' Date lip 1-C 115 Date EXHIBIT A f�i. enu•.•- rvc' ... 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