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The Boys & Girls Clubs of Greater Redlands-Riverside-Amendment No. 1-2019-20-A
2019-20-A AMEND NT NO. 1 TO AGREEMENT FO CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND THE BOYS & GIRLS CLUBS OF GREATER REDLANDS-RIVERSIDE This AMENDMENT NO. 1 TO A REEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND THE BOYS& GIRLS CLUBS OF GREATER REDLANDS-RIVERSIDE ("A endment No. 1") by and between the CITY OF GRAND TERRACE ("City") and THE BOYS & GIRLS CLUBS OF GREATER REDLANDS-RIVERSIDE, a California nonprofit corporation ("Consultant") is effective as of the I I day of June, 2019. RE ITALS A. The City and Consultant entere into an agreement entitled "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND THE BOYS &GIRLS CLUBS OF GREATER REDLANDS —RIVERSIDE," which is dated I 2019, and wherein the Consultant will provide services to the City in relation to the operation of the City's Summer Swim Program ("Agreeme t"). B. The Agreement requires the pe formance of the Services contemplated therein at facilities owned and operated by Colton Jo nt Unified School District ("District"), and the District has certain requirements as to the use�f its facilities. C. The City and Consultant desire to enter into this Amendment No. 1 wherein the Consultant shall provide the additional service in Exhibits A-1.and A-2 of this Amendment No. 1 (relating to the use of the District's fa ilities) and the City will increase Consultant's compensation under the Agreement by$816.0 for a new total contract sum of$26,014. T RMS 1. Contract Amendments. The Agreement is amended as provided herein: 1.1 Section 2.1, "Contract Sum," is hereby modified as follows (str-il gh representing deleted language while bold italics represents added language): "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in he "Schedule of Compensation" attached hereto as Exhibit "C" and incorpor ted herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Six Thousand Fourteen Dollars Twoi4y Five Thousand ne Hundred Ninety Eight Dell fs ($26,014 S) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8." 1.2 Section 5.1, "Insurance Coverages," is hereby modified as follows (st-r-ilethfeugh representing deleted language N ihile bold italics represents added language): 645.1 Insurance Coverages. 01247.0001/557645.1 The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the f llowing policies of insurance which shall cover all elected and appointed officers employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal mJu and property damage. The policy of insurance shall be in an amount not less than $5,000,000.00 per occurrence or if a general aggregate limit is used,'then the general aggregate limit shall be twice the occurrence limit. he policy of insurance shall be in an amount of at least$1,000,000.00 for p operty damage. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and with a limit of not less than $1,000,000.00 per employee and $1,000,000.00 per occurrence for injury or occupational disease. Such policy a-ad whieh shall indemnify, insure anci provide legal defense for the Consultant against any loss, claim or damage prising from any injuries or occupational diseases occurring to any worker em loyed by or any persons retained by the Consultant in the course of carrying o t the work or services contemplated in this Agreement. (c) Automotive Insurance (Form C 0001 (Ed 1/87) including "any auto" and endorsement'CA 0025 or equivalent) A policy of comprehensive automobile liability insurance written on a per ccurrence for bodily injury and property damage in an amount not less tha $1,000,000. Said policy shall include coverage for owned, non-owned, lease�, hired cars and any automobile. (d) Professional Liability. Profes ional liability insurance appropriate to the Consultant's profession. This coverag may be written on a "claims made" basis, and must include coverage for contr ctual liability. The professional liability insurance required by this Agreement ust be.endorsed to be applicable to claims based upon, arising out of or related t services performed under this Agreement. The insurance must be maintained fo at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consult nt shall annually and upon request of the City submit written evidence of this co tinuous coverage. (e) Subcontractors. Consultant s all include all subcontractors as insureds under its policies or shall furnish sep rate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit `B"." 01247.0001/557645.1 1.3 Section III of Exhibit C of the Agreement is hereby modified as follows (str-ikethfeugh representing deleted language wIiile bold italics represents added language): "The total compensation for the Servic s shall not exceed $26,014.00 $25,198.00 as provided in Section 2.1 of this Agreement." 1.4 Exhibits A-1 and A-2 of this Amendment No. 1 is hereby added to Exhibit A of the Agreement. 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No. 1, shall remain unchanged and in full force and effect. From and after th- date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. 3. Affirmation of Agreement; 'Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and very one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of otice, or both, would constitute a material default under the Agreement. City represents and warrants to Consu tant that, as of the date of this Amendment No. 1, Consultant is not in default of any material to of the Agreement and that there have been no events that, with the passing of time or the gi ing of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and inde end consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly orga ized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bou id to the provisions of the Agreement, as amended and (iv) the entering into this Amendment IN o. 1 does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the partic s hereto have executed this Amendment No.1 on the date and year first-above written. [Signatures on following page] 01247.0001/557645.1 CITY: CITY OF GRAND TERRACE, a muni i al corp ration G. Harolr Y, Cit a ager TT ST: lGr.� ebra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE Adrian R. Guerra, City Attorney CONSULTANT: The Boys & Girls Clubs of Greater Redlands- Riverside a California profit corporation B " Name: M ticJ Title: p "3i�► ' By: Name: /44-r— pd�.5 Title: Address: _� Z57 C j—*-r Si-re_ew-r- R,=QLA,%� Cd— 9237Y NOTE: CONSULTANT'S SIGNATURE SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. 01247.0001/557645.1 ACKNO LEDGMENT A notary public or other officer completing t is certificate verifies only the identity of the in ividual who signed the document to which this cert ficate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of D ) On s �rU o� o�D� before m (insert name and title offthe officer) personally appeared �' , who.proved to me on the basis of satisfacto evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and tha by his/her/their signature(s) on the instrument the . person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under.the laws of the State of California.that the foregoing paragraph is true and correct. DEBRA L.THOMAS WITNESS my hand and official seal. Commission 2130209 Z ;'m Notary Public-California z Z ' San Bernardino County D My Comm.Expire Nov 10,2019 Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the inc ividual who signed the document to which this cert'ficate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of d ) On :Poj before m ab1-;e,� (insert name and title offthe officer) personally appeared A A _ who.proved to me on the basis of satis actoryi evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and tha by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which tie person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY unde the laws of the State of California that the foregoing paragraph is true and correct. DEBRA L.THOMAS WITNESS my hand and official seal. rs Commission#2130209 z;'m Notary Public-California z San Bernardino County My Comm.Expires Nov 10,2019 Signature (Seal) EXH BIT A-1 ADDITIONAL SCOPE OF SERVICES I. Consultant will perform the following ervices: A. Consultant agrees and acknowl dges that the Services under the Agreement will be performed at Grand Terrace High School (located at 21810 Main St., Grand Terrace, CA 92313), which is a facility belonging to Colton Joint Unified School District ("District"). The exact location of the pool to be utilized shall be coordinated between City an Consultant as provided in Exhibit A of the Agreement ("Pool Site"). Therefore, Consultant shall carry out the Services under the Agreement in compliance with all City and District policies, including but not limited to those requirements id ntified in the Agreement. B. A minimum of one (1) lifeguard shall be present and on duty in the Pool Site at all times during the performance o F the Services and shall solely serve as a lifeguard rather than involved in instruction and/or maintenance. This lifeguard shall possess, as minimum qualifica ions, current certificates from an American Red Cross or Y.M.C.A. of the U.S. . lifeguard training program and who is trained to administer first aid, including, I ut not limited to, cardiopulmonary resuscitation. C. In the course of using the Pool Site, Consultant shall comply with the following Pool Site use regulations: 1. No person, including a lifeguard, may enter the pool without another person present. 2. Consultant shall be responsible for compliance with all codes and regulations governing u I e of public swimming pools. 3. Consultant ensure tha there are signs relating to cardiopulmonary resuscitation, emergent phone numbers and any other signage required to be posted in the vicinit I of the Pool Site, as well as a phone, life hook, life ring and first aid kit in a readily accessible location. 4. Prior to use of any pc of at the Pool Site, Consultant shall completely remove the entire pool cover, regardless of whether the Services involve the use of only a portion of a pool. 5. At the conclusion of each period of use, Consultant shall properly secure all pool covers for each pool used at the Pool Site. ,6. Consultant shall not usc and shall not permit the use of any snack bar areas at the Pool Site without prior written consent from the District and City. 7. Consultant shall not ph ce, construct, or maintain any sign, advertisement, awning, banner, or oth r external decorations at the Pool Site or at Grand Terrace High School without the written consent of the District and City. 01247.0001/557645.1 8. Consultant shall compl r with all District policies (including but not limited to those policies provided in Exhibit A-2), City policies, and all applicable laws relating to the use of the Pool Site. C. Under no circumstances during he term of the Agreement shall Consultant use or cause to be used in the Facilitie any Hazardous or Toxic Substances or Materials, and under no circumstance during the term of the Agreement shall Consultant store or dispose of any such substances or materials in the Facilities. Notwithstanding the foregoing, onsultant may use, at its own risk, in compliance with any applicable laws and District policies, any ordinary and customary materials reasonably required to be used in the normal course of the Program. For the purpose of this Section (I), "Hazardous or Toxic Substances or Materials" is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Governor nt. The term "Hazardous or Toxic Substances or Materials" includes, without li itation, any material or substance which is: (A) petroleum or oil or gas or any irect or derivate product or byproduct thereof; (B) defined as a "hazardous was e," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 2511.7 or 25122.7, or listed pursuant to Section 25140, of the CaliforniaHealth and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (C) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Haz rdous Substance Account Act); (D) defined as a "hazardous material," "hazar ous substance," or "hazardous waste" under Sections 255010) and (k) and 5501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (E) defined as a " azardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (F) "used oil' as defined under Section 25250.1 of the California Health and Safety Code; (G) asbestos; (H) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extre ely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (I) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (J) d signated as a "toxic pollutant" pursuant to the Federal Water Pollution Con rol Act, 33 U.S.C. § 1317; (K) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (L) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability A t, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); (M) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. 5101 et seq.; or (N) defined as such or regulated by any "Superfund" or "Super ien" law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standar s of conduct concerning Hazardous or Toxic 01247.0001/557645.1 Substances or Materials and/or it wells and/or underground storage tanks and/or pipelines, as now, or at any time here-after, in effect. D. Consultant shall not interfere with any activities of the District. E. Consultant shall insure that all employees, contractors, volunteers, invitees, and all others in attendance at the P of Site have appropriate background and medical clearance and will adhere to pr per standards of public conduct and comply with all applicable laws and policies. F. Consultant shall not permit its e ployees, contractors,volunteers, invitees, and all others in attendance to con ume intoxicating liquors or other controlled substances, smoking, gambling quarreling, fighting, use of profane language, or indecent exposure on or near th Pool Site. G. In the event the District or City determines, in their sole and absolute discretion, that an employee, contractor, volunteer or invitee of Consultant is failing to adhere to proper standards of pi lie conduct, is in violation of any District or City policy or is in any way disru ting the activities of the District's employees, students or invitees or the City's employees or invitees, the District and City may order the removal of said individual, or require Consultant to remove said individual from the Pool Site nd prohibit said individual's future access to the Pool Site. H. Parking in the Pool Site parki g lot shall not be reserved and shall be limited to standard-sized automobiles, e �Cept in specifically designated areas or except as otherwise authorized by District and City. Except as otherwise permitted by District and City; no vehicles hall be parked in Titan Way, driveways, loading areas, or other areas not specifi:ally designated for parking. I. Consultant shall not imply, indicate or otherwise suggest that the Program or any use of the Pool Site, or any re-ated activities are connected or affiliated with, or are endorsed, favored or sup orted by, or are opposed by the District. No signage, flyers or other materia may reference the District, any school name, logo or mascot without the Distric 's prior written consent and City's prior written consent, except that Consultant may indicate the location of the Program. J. Consultant shall be responsible for any keys provided to Consultant to access the Pool Site. In the event that uch keys are lost, damaged, or destroyed, then Consultant shall pay for any and all costs required to replace such keys, including, but not limited to,replacement Hof related locking mechanisms. 01247.0001/557645.1 EXH BIT A-2 DISTRICT POLICIES Colton Joint Unified School District BP 1330 Community Relations—Use of School Facilities The Board of Education recognizes that district facilities and grounds are a community resource and authorizes their use by community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities. All school-related activities shall be given pri rity in the use of facilities and grounds under the Civic Center Act. Thereafter, the use shall be on a first-come, first-served basis. The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that: (Education Code 3 133) 1. Aid, encourage, and assist groups desiring to use school facilities for approved activities 2. Preserve order in school buildings and n school grounds and protect school facilities, designating a person to supervise this task, if ecessary 3. Ensure that the use of school facilities or g ounds is not inconsistent with their use for school purposes and does not interfere with the reguh r conduct of school work Fees The Board shall grant the use of school faci sties or grounds without charge to school-related organizations whose activities are directly related to or for the benefit of district schools as identified in Board Policy 1230 - School Connected Organizations. All other groups requesting the use of school facilities under the Civic Ceriter Act shall be charged an amount not to exceed direct costs. However, if the use of school facilities or grounds is for religious services, the group shall be charged an amount that equals or exceeds direct costs determined in accordance with Education Code 38134 Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 3 8134) In determining direct costs to be charged for community use of school facilities or grounds, including, but not limited to, playing or athletic fields, track and field venues, tennis courts, and outdoor basketball courts, the Superintendent or designee shall include a proportionate share of the costs of the following: (Education Code 3 134) 1. Supplies, utilities, janitorial services, other services of district employees, and salaries of district employees directly associated with operation and maintenance of the school facilities or grounds involved 2. Maintenance, repair,restoration, and refurb shment of the school facilities or grounds 01247.0001/557645.1 However, for classroom-based programs that operate after school hours, including, but not limited to, after-school, tutoring, and child care programs, direct costs to be charged shall not include the cost of maintenance, repair, restol ation, or refurbishment of the school facilities or grounds. (Education Code 38134) Legal Reference: EDUCATION CODE 10900-10914.5 Community recreation programs s 32282 School safety plan 37220 School holidays 38130-38138 Civic Center Act, use of school roperty for public purposes BUSINESS AND PROFESSIONS CODE 25608 Alcoholic beverage on school premises GOVERNMENT CODE t 54950-54963 The Ralph M. Brown Act MILITARY AND VETERANS CODE 1800 Definitions CODE OF REGULATIONS, TITLE 5 14037-14042 Proportionate direct costs for us of school facilities and grounds UNITED STATES CODE,TITLE 20 7905 Equal access to public school facilities COURT DECISIONS Good News Club v. Milford Central School, (2001) 533 U.S. 98 Lamb's Chapel v. Center Moriches Union Fre School District, (1993) 508 U.S. 384 Cole v. Richardson, (1972) 405 U.S. 676 Connell v. Higgenbotham, (1971) 403 U.S. 207 01247.0001/557645.1 ACLU v. Board of Education of Los Angeles, 1961) 55 Cal .2d 167 Ellis v. Board of Education, (1945) 27 Cal.2d 322 ATTORNEY GENERAL OPINIONS 82 Ops.Cal.Atty.Gen. 90 (1999) 79 Ops.Cal.Atty.Gen. 248 (1996) Management Resources: CSBA PUBLICATIONS Maximizing Opportunities for Physical Activity Through Joint Use of Facilities, Policy Brief, February 2010 Building Healthy Communities: A SchoolLeader's Guide to Collaboration and Community Engagement, 2009 WEB SITES CSBA: http://www.csba.org California Department of Education: http://w w.cde.ca.gov Policy COLTON JOINT UNIFIED SCHOOL DISTRICT adopted:: September 3, 2015 Colton, California 01247.0001/557645.1 Colton Joint Unified School District AR 1330 I ommunity Relations—Use of School Facilities Application for Use of Facilities Any persons applying for the use of any sc ool facility or grounds on behalf of any society, group, or organization shall present written au horization from the group or organization to make the application. Persons or organizations applying for the u e of school facilities or grounds shall submit a statement of information indicating that t e organization upholds the state and federal constitutions and does not intend to use school premises to commit unlawful acts. Civic Center Use Subject to district policies and regulations, s hool facilities and grounds shall be available to citizens and community groups as a civic center for the following purposes: (Education Code 32282, 38131) 1. Public, literary, scientific, recreational, educational, or public agency meetings 2. The discussion of matters of general or public interest 3. The conduct of religious services for temp rary,periods, on a one-time or renewable basis, by any church or religious organization 4. Child care programs to provide supervision and activities for children of preschool and elementary school age 5. The administration of examinations for the election of personnel or the instruction of precinct board members by public agencies 6. Supervised recreational activities including but not limited to, sports league activities that are arranged for and supervised by entities, inchiding religious organizations or churches, and in which youths may participate regardless of rel gious belief or denomination 7. A community youth center 8. Mass care and welfare shelters during di asters or other emergencies affecting the public health and welfare 9. A ceremony, patriotic celebration, or relat d educational assembly conducted by a veterans' organization A veterans' organization means the American Legion, Veterans of Foreign Wars, Disabled American Veterans, United Spanish War Veterans, Grand Army of the Republic, or other duly recognized organization of honorably discharged soldiers, sailors, or marines of the United States, or any of their territories. (Military and Veterans Code 1800) 01247.0001/557645.1 10. Other purposes deemed appropriate by the 3oard of Education The district may grant the use of school facil ties on those days on which the public school is closed. (Education Code 37220) Restrictions School facilities or grounds shall not be used for any of the following activities: 1. Any use by an individual or group for the commission of any crime or any act prohibited by law 2. Any use which is inconsistent with the use f the school facility for school purposes or which interferes with the regular conduct of school o school work 3. Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances, including tobacco use The district may exclude certain school facilities from non-school use for safety or security reasons. Damage and Liability Groups, organizations, or persons using sch of facilities or grounds shall be liable for any property damages caused by the activity. The Board may charge the amount necessary to repair the damages and may deny the group further use of school facilities or grounds. Any group or organization using school facilities or grounds shall be liable for any injuries resulting from its negligence during the use o district facilities or grounds. The group shall bear the cost of insuring against this risk and def6nding itself against claims arising from this risk. (Education Code 38134) Groups or organizations shall provide the district with evidence of insurance against claims arising out of the group's own negligence. roups or organizations shall also be required to include the district as an additional insured on their liability policies for claims arising out of the negligence of the group. As permitted, the Superintendent or designee may require a hold harmless agreement and indemnification when warranted by the type o activity or the specific facility being used. Regulation COLTON JOINT UNIFIED SCH OL DISTRICT approved:: September 3, 2015 Colton, Califonda 01247.0001/557645.1 [ � S `T `© ►IT'IU+ = UO ' �S1E®iF °AChI, T`I+EIS DI��T'RTC P®L , 01247.0001/557645.1 5Ct'wL l5:(d TW5 rA- F7 rww COLTON JOINT.UNIFIED SCHOOL DISTRICT. APPLICATION-AND:PERMIT,F0R-U8E-01F SCHOOL FACUTIES (P UBM_)ALL7HRESZOPIES-TO_THE_FACILITIES OFFICE) Today;Date 610ig. Organization Cry' yc& rand �erca�e school �'ardrtd Terrace_ {-t�g� �choo$ uate(s)of use:;6�171 /29 ��((/?Tt /e"!� 2 . Al -:�=3a Purpose of use U,t no2 .�' oZ0 (six month max mum) 6/2 /1� J�301g/Y1- .rSF'M 7/1--7/26s M-F :'3�Qw►- S'�Sl° 7/1/i9 - -71i6/l j _q-a . +S PM(/ / y - M FACILITY (Please circle) . Auditorium-/Multi-Purpose Room./Classroom,/Resource Room/Kitchen/Restrooms/Football Stadium/Basketball"Courts./ " Ken Hubbs Gym/Macintosh Gym l BHS Gym I .Flelds(please specify) l Other,C i Will school equipment.be needed? If so..plesse bt and contnct.Principal or Director of Activities prior to event Esfimaied Total Attendance 2 Admission-Fee ti� Cotlect(on7Yes No Will event he non-exclusive and open to. public? YES -��' S�V UP ls;the organizallnn'making appilcation a reibious creed;church;.or sectarian denomination? Yes No X. Is It in anyway connected with or;giving support or �+ ..aid4d a'rellgbus group,church creed.or sectarian denomination? Yes T�r Er,te N s ThispermIt-shelf berevocable without notice and at:anytime by:Distcff Districtdecides. ntsediscrelion,th� �t dt either(1)(t,ls In the test-,interest of the Distdct to"revoke.Organlration's.:Permit;or-(2) the O[ge'nizatton's use_of.the Facility ls;.ln.violation of.:any.provision::o[the at the tFacBily-outside-the scope the Permit:ir the Permit is revoked tpursuan to section to follow()ta9bovetrthe�.tHe will not-refund'a clean'the ny feyes pa1�d_t� tricLb activities . Organization: the ndersignedYtcknowledges-that b6fshefias-read-and-agmes-to-aWde by the Blstrict's Mic CenterRulesim"egaiabons WRI weO es agrees District's Civic Center Ruies.and Regulations are incorporated into this Permit The undersigned'appilcant;hereby'agiees�o be personafly respons}h1e,an bettatf of the at�ove-named .organization {1).:far any damage sustalnetl.:thy ttte..schooi building or,appurtenances:ttterenf;i accruing through.the .accupancyr of saki organization;(2).to conform,;to°"ali_the rules'and'ie'gulations of the Cdlon.Joint Unified School District Board of.Education.govemino,.ft use of facilitias:.and:(3)to. Pay>rom pdY:aH:Mvoices for services.It food services.if any.furnished.by the Dlstr{ct. _ jj�:tFASMLEs8 A[ttgiTM� -The applicant for the Use.of Cotton Joint Untied`Schooi-Dislrict_:facilities-agrees•to.and.does,:here Indemn tom:hoiil. by . . ffy ;harmless the'District'b ofikars,agents,and'em from every claim or demand made and llabili toss;dam ployees ry very ty age,or,expense ofany naturew r?ewer.: . Which'may'M'incurred-by reason.Ouse a f'such-facNittes. n NO LOTTERY SHALL-SE!CONDUCTED.ON ANY SCHOOL ROUNIP OR:iN ANYWAY CONNECTED WITH THIS"PERMIT. 1 (P o`MM sroru ""II 22�:Q5 3a v a Goad- Grand "fie«au. q 13 9 og ;f324 :6:6 Z i., ext 2 5 m . q . 21P CODE PHONE riUlAaEft � DISTRICT OFFICE DISTR CE USE d[VI.Y� VeiH{ed by: i!p/ ,��;R� Portable Resimm(s) A Dale: =, ) r is there a charge? $==et / Ins4ance Required �Approved•By Title" Piton . ter DISTRIBUTION: WHITE-Facil(ties.Ottice YELLOW--School PINK-Appilcant D-101 Revised11107 CONDITIONS 6F USE OF FACILITIES 1. RESPONSI6WTY-The district will not be Noble for(oases,d ges or Injuries occunring during Ihe'use of a school fa�lllty. All organizations "shall be financially responsible far losses or damages to`sch_01 'roperty.which resultfrom the use of the focilitles:='Such losses or damages shall be lust cause for cancellation;of future uses of District facll ties 2 TIME OF USE-School facilities shalt be considered as,in use f rschool purposes on school days.during the period from one hour before start of-school until one hour after the close of school;therefore,the` se of District facilitles may not be permitted during this period. 3. TIME OF CLOSING-All functions conducted"on Dlstrictprope 'shall close nbiatertfian 11:00 p.m. 4 LICENSE AND TAX--Ali groups using District facilities sha11 obt 'n and pay for any'required licenses,permits;etc.,and shall pay all,Wes or fees required,tiecam6 of the groups'use of District facilities; 5 TERMINATION' OF PERMIT§TO USE FACTO IBS,=Permlts fc r the use of District facilitiesshall not extend beyond°the end of the fiscal year, l o v$veF.such permits maybe renewed upon proper appllcatio and approval.; The District reserves the rightto revoke permission to`use sc i 1 facilities at anytime. 1. PRIOR APPROVAL=Prior District approval must be received f r.all advertising before materials are released for publication. HNNMiif1M•NN�f MNf�fllffNNlN11/N1NM11MfHfH1fNHNHftN ffMtHNfM�gplNfNQf1fH\HHM1f1fN1N11ffN�%1H1ffNf1l/f�M1HNHN1f RULES-AND REGULATION8 FOR THE USE OF.SCHOOL FACT tES In addition to other provisions of the Poildes,Rules and Regulations f the Board of Education concerning the use of school facilities,the following rules and regulations Shall be stdctty adhered to: GENERAL 1. Organizations shall not use any facility_or equipment not approv :..in the permit. . 2. Use of facilities shall not extend beyond the time spedfied in the.permit. 3 Organizations using school facilities shall provide at there own ense,such supervision as may be required for crowd control and property protection: 4. Groups of,minors using school facilities shall be'supiarvii.sed by a.least one adult for each forty minors or fraction thereof. . 5, The District employee to charge of a faci9ty shall.be authorized t call the police,sheriff,or fire department in the event the using group does not appear to be taking proper control measures, Any,costs Inv flied shall be,borne by the using group. 6. The possession or•use of intoxlcants or narcotics shall not tie " itted on school premises. 7. The-use of'profane language;quarrel►ng,-fight ng or gambling sh all not be permitted on District property. 8 Alterations shall not be made,to any school building or facility. 9.1 'i"he:use of thumbtacks or other materials which tend la mar or d sfigure watts or other surfaces is,prohiblled. 10. .No special preparation shalt be used on any,floor or other finlsh""surface., 11. The use.of school premises for circus"or carnival-type shows or' des shall.be prohibited. 12. The use of commercial advertismg on school premises is prohlb ed except for letteringand insignia on uniforms. 13. The sale or•vending of any.litereture by-other than school-affiliat groups on school premises is prohibited. 14, All groups permitted use of district facilities on holidays shall be squired to pay the overtime rate,plus overhead,of District employees required except as otherwise determined by the Education ATHLETIC COURTS AND FiELDS 1. The District shall furnish only routine care of the grounds and all uses must conform to District schedules for care and watering. The District grounds di%wt ent may move or cancel an activity.if necessa ,in order to properly maintain the grounds. 2. Groups using athletic fields may,with special permission;be pe fitted to mark fields for their own use,however,such marking Shall be done underthe supervision of the District grounds department. Mate als`used for marking purposes must be approved by the District grounds department. 3. Stadium concession stands may be used onty,upon approval.. 4. Concession stands-shall be installed on atirletic fields:and cou only upon obtaining special permission for such installation. The InstaUing and/or using organ&akp shall be,responsible for oblairiing arty nd all necessary licenses,permits,etc..'required(or.the operation of such stands and shall be responsible for complying with aft sanitary 'ulreme'a of the District or sanitation agencies involved. The organl atlon Shall further be responsible for the cleaning:and maintenance of adjacent areas. BUILDINGS=GENERAL 1. The use of flammable•materials or devices which constitute a fir'hazard shall not be used in or near any building. ?. .The use of lighted candies or any open-type flame in any biitldl• .shall be prohibited except in lnstrudI6 i areas for.Instructianal purposes. 3, The placing of chairs In aisles,hallways,corridors,orchestra pit ,foyers,etc„to Increase seating capacity shall be prohibited. 4. 'the sale of tickets,"or occupancy of a building,shali be lirnited t the seating capacity of the rooms'use'd. 5. No exit shall,be blocked in:any manner. 6. The service,sale,or consumption of food shall not be permitted by outside groups in auditorium,gymnasium or classroom buildings. The principal may approve and-provide supervision for the serving food by sdwoi or sclipt:affiliated groups in such areas as he/she deems advisable. 1. 'Smoking is prohibited on'all school premises: CAFETERIAS 1 District cafeteria personnel Stull supervise the operaran of all elerta kitchens: ' 2. Groups not'aff il0led witty the school shall be required to pay for he use of cafeferias.ln accordance with the schedule fees. 0ARf4NG AREAS 1 The parking of vehicles shall be permitted only in authorized pa-4ng areas. 2 The police,sheriff,or fire department wilt be requested to rernoWe,at the owner's expense,any vehicle parked in or blocking drives,entrances, exits,fire lanes,orftm other unauthorized parking areas 3 Using organizations shall not ti'e,permitted to charge parking fees. SPECIAL EQUIPMENT District-owned equipmentmay be used by organizations qualifying for use of Distriet.faciiifies subject to the following rules: 1 Equipment is used on`schoal premises In conjunction with approved use of facilities. 2. Permission is secured from the person who has jurisdiction ove:the equipment, 3. The organization assumes the responsibility for such equlpmen, and agrees to repair or replace any equipment which Is lost,damaged,or stolen white under its jurisdiction 4. The organization reyuestirig the use of the equipment certifies that a qualified person will operate It,,or arrangements are"made for District employees to:operate the equipment, The castof sa aries;plus overhead,;will b made for District operators.