MEMORANDUM OF UNDERSTANDING

AGREEMENT FOR USE OF FACILITIES

AT SARATOGA FEDERATED CHURCH FOR
STORAGE OF CITY EMERGENCY OPERATIONS SUPPLIES

This agreement entered on ____________________, 2013 between the CITY of Saratoga,

hereinafter referred to as “the CITY”, and Saratoga Federated Church, hereinafter referred to as
‘the CHURCH”: is to formally acknowledge the agreement between the CITY and the CHURCH
to initiate and implement joint facility utilization for the purpose of enhancing emergency
preparedness for community residents and enable the CITY to better respond to an emergency.

In consideration of the mutual benefits derived therefrom, the parties agree as follows:

1. Term: The term of this agreement is November 1, 2013 to June 30, 2017. The agreement
may be reviewed on a yearly basis.

2. Purpose: The purpose of this agreement is to enhance the emergency preparedness for
community residents and to increase the ability of the CITY to respond in the event of an
emergency by increasing the capacity of the CITY to store emergency supplies.

3. Scope: The CHURCH agrees to provide to the CITY the use of the enclosed (chain link
“cage”) storage area in the exterior of the rear of the building located at 14382 Saratoga Avenue.

4. Process: The CHURCH retains the right to store CHURCH equipment, materials, and
supplies in the same area, but will focus on the needs of the CITY for space. The CHURCH and
the CITY will work together to develop acceptable amounts of space for the interests of each
party. Use of the facilities by the CITY will be coordinated in such a manner as not to interfere
or conflict with CHURCH activities. The CHURCH Senior Director of Administration and the
CITY Emergency Services Director or designees shall be the contact persons for the use of the
facilities.

5. Legal Responsibility/Insurance: The CITY assumes responsibility for injury or damage,

which occurs as a proximate cause of its use of CHURCH facilities and agrees to name the
CHURCH as additional insured in the CITY’s comprehensive general liability insurance policy.
The CITY hereby agrees to, and shall, hold CHURCH, its elective and appointed Board,
Commissions, officers, agents and employees harmless and defend and indemnify the same from
and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature
and description directly or indirectly arising from any negligent or wrongful act or omission of
CITY in the exercise of its use of the CHURCH facilities.

The CHURCH assumes responsibility for injury or damage, which occurs as a proximate cause
of its use or maintenance of CHURCH facilities and agrees to name the CITY as an additional
insured in the CHURCH’s comprehensive general liability insurance policy. The CHURCH
hereby agrees to, and shall hold the CITY, its elective and appointed Council, Commissions,
officers, agents and employees harmless and defend and indemnify the same from and against
any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and

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description directly or indirectly arising from any negligent or wrongful act or omission of
CHURCH in the exercise of its use or maintenance of the CHURCH facilities.

6. Facility Use and Maintenance: All facility use will be consistent with the provisions in
CHURCH policies regarding use of facilities. CHURCH shall have first priority for any use of
facilities and CITY of Saratoga will have second priority. This agreement applies to use of the
facilities listed and does not apply to other CHURCH facilities (e.g., classrooms, meeting rooms,
etc.). The CHURCH agrees to provide clean and safe facilities prior to usage by the CITY.

7. Billing: There shall be no charge to the CITY by the CHURCH for the use of the facility.
The CITY shall pay the CHURCH for any extra-ordinary expenses reasonably relating to the
CITY’s use of the facility, including but not limited to additional CHURCH expenses to cover
custodial, administrative, or supply expenses which the CHURCH must expend as a result of
CITY’s use of the facility.

8. Termination Provisions: This agreement may be terminated by either party at any time
upon 30 days notice to the other party.

9. Amendments: No alteration or variation of the terms of this agreement shall be valid unless
made in writing and signed by the parties hereto.

CITY OF SARATOGA SARATOGA FEDERATED CHURCH

By: ___________________________ By: _______________________

Dave Anderson, CITY Manager

________________ ______
(Title)

____________________________ ______________________
(Date) (Date)

APPOVED AS TO FORM:

____________________________
Richard Taylor, CITY Attorney

____________________________
(Date)

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