AgdaPkt 2013-02-25 - Laserfiche WebLink

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6.1.E. - Page 15 EXHIBIT A b. Providing users with a defined resolution process that is to be followed if the dispute cannot be resolved satisfactorily for all parties at the level at which it occurs. This process will utilize the following steps: i. If a dispute is not resolved by the involved parties,it should be referred to the Joint Use Oversight Team by contacting one of the designated team members. The team will meet and attempt to find a resolurion within 30 days of the referral. ii. Disputes that are unresolved at the level of the Joint Use Oversight Team,shall be referred to the City Manager and the District Superintendent,or their designees,for resolution. iii. In the event that the Superintendent and City Manager are unable to resolve the dispute,the parties agree to worlc,in good faith,to resolve the dispute through mediation with a mutually acceptable neutral third party before,and as a condition precedent to,the initiation of any adjudicative action or proceeding. iv. The cost of the mediator,if any,shall be shared by the interested Pazties. v. If a mediated settlement is reached,neither party shall be the prevailing party for the puiposes of this settlemen� 18.Student Safety The safety and security of District students and staff are of the utmost importance.Therefore,except as noted in the Site Svecific Attachments,use of the District Facilities during school hours will be limited to use by students,teachers and other school stai�All joint use of Facilities by non-distzict users(both for City sponsored and other Community events)will take place during off-school hours(e.g.starting at 330 p.m. on school days or on weekends and holidays or as modified by the Oversight Team)when school is not in session and will be governed by the District's Boazds policies and administrative regulations regarding facilities use.District shall provide City with reasonable notice of changes to these policies. 19.Termination This Agreement may be terminated by each of the Parties at any time prior to its expiration for any reason whatsoever,including circumstances beyond their control,with six(6)months written notice. 20.Amendments This Agreement may not be modified, nor may compliance with any of its terms be waived,except by written instrument executed and approved in the same manner as this Agreement. 21.Not a Joint Ventnre or Joint Powers Authority The Parties intend by this Agreement to establish only an arrangement with regazd to facilities management, maintenance,and use for school activities and recreational opportunities for the community,and do not intend to create a joint powers agency,partnership,joint venture,or joint enterprise of any lcind. 22.No Third Party BeneSciary This Agreement is only for the benefit of the Parties as public entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties,and no third party or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever. 23.Notices and Contracts All notices,demands,request,approvals,authorizations,or designations hereunder by a Pariy to the other Party sha11 be in writing,unless otherwise specified in this Agreement,and shall be given and served upon the other party,sent by United States registered mail,retum receipt requested,postage prepaid and addressed as follows