MASTER FACILITY USE AGREEMENT
BYAND BETWEEN BASSETT UNIFIED SCHOOL DISTRICT
AND CITY OF LA PUENTE
THIS MASTER FAClLlry USE AGREEMENT ("Agreement") is made on February 23, 2023, ("Commencement Date"), by and between BASSETT UNIFIED SCHOOL DISTRICT ("District"), a public school district duly organized and existing under the laws of the state of California, and CITY OF LA PUENTE ("City"), a general law municipal corporation duly organized and existing under the constitution and laws of the state of California. The District and City may be referred to herein individually as a "Party," and collectively as the "Parties".
RECITALS
WHEREAS, California Education Code ("Education Code") sections 1O9OO et seq. ("Community Recreation Act"), authorize both the District and the City to organize, promote, and conduct programs for community recreation and to cooperate in providing community recreation programs and facilities that will contribute to general recreational and educational objectives for children and adults of the State; and
WHEREAS, under Education Code section 10905, two or more public authorities may cooperate with each other to carry out the purposes set forth in section 10900, and to that end may enter into agreements with each other and may do all things necessary and convenient to aid and cooperate in carrying out said purposes; and
WHEREAS, pursuant to District Board Policy 1300.1(a), this Agreement will meet student and community needs for increased access to recreational spaces; and WHEREAS, the City's 2004 General Plan, Community Resources Element section, encourages City collaboration with local school districts to expand community recreational options; and WHEREAT the City of La Puente Municipal Code ("LPMC") grants City Council authority to establish rules and regulations for the use of City parks and facilities; and WHEREA$ the District and City are authorized to operate and maintain recreation facilities including play fields, parks, performing arts centers, hardscapes, and, by virtue of that authority, do operate and maintain such recreation facilities; and
WHEREAS, the District owns and operates multiple properties, including school sites ("District Site(s)"), with classroom buildings, recreational play fields, hardscapes, and other types of facilities available for City use ("District Premises"); and
WHEREA$ the City owns and operates multiple properties and active use areas ("City Site(s)"), which include recreational play fields, hardscapes, and other types of facilities available for District use ("City Premises"); and
WHEREAS, District and City Sites may be referred to herein collectively as the "Sites," and District and City Premises may be referred to herein collectively as the "Premises" or "Facilities; and Master Facility Use Agreement
Bassett Unified School District and City of La Puente
WHEREAS, the District and the City desire to use the Premises for playfields, playgrounds, restrooms, and recreation facility needs, as described herein, and in the site-specific exhibits, attached hereto and made part of this Agreement ("Site-specific Exhibit(s),,); and WHEREAS, certain District Premises are permitted for use as authorized by the Civic Center Act, Education Code sections 38130, et seq. ("Civic Center Uses"); and WHEREA$ the District and City permitting departments will continue to issue use permits for Civic Center Uses and City facilities uses ("Permitting Departments"), and the Premises authorized for use underthe Permitting Departments will be identified in a Site-Specific Exhibit, attached hereto; and WHEREAS, uses that are categorized asJoint Use or Reciprocal Use arrangements (both defined below), shall also be identified in a Site-Specific Exhibit, attached hereto; and WHEREA$ the Parties agree, entering into this Agreement will benefit the community, provide facilities that promote and preserve community health and general welfare, and cultivate the development of good citizenship by providing adequate programs of community recreation; and WHEREAS, pursuant to Education Code section 10910, the District is authorized to "grant the use of any building, grounds, or equipment of the district to any other public authority . . . whenever the use of the buildings, grounds, or equipment for community recreational purpbses will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system"; and WHEREAS, pursuant to Education Code section L7529, the District has determined, City use of District Premises, as identified herein, will not (L) interfere with educational programs or activities of any school or class conducted on District Sites, (2) unduly disrupt the residents in the surrounding neighborhood, or (3)jeopardize the safety of the children at the District Sites; and WHEREA$ the District has determined City use of District Premises, as identified herein, will not interfere with the District's use of District Premises.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. AGREEMENTTO COOPERATE. The Parties hereby agree to cooperate in coordinating programs and activities conducted in all their respective Premises. Each Party agrees to promptly respond to concerns relating to use of their Premises expressed by the other Party or neighbors of the Premises. The Parties shall have the right to add or exclude Premises during the Term of this Agreement, provided such change is made in writing and approved by the governing boards of both the District and the City. As used in this Agreement, "Owne/' shall mean the Party to this Agreement that owns a particular Premises and/or Facility covered by this Agreement. "Usey'' shall mean the Party utilizing the Owner's Premises and/or Facility under the terms of this Agreement.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
2. SITE.SPECIFIC EXHIBITS.
2.2. The Parties will execute Site-Specific Exhibits as needed to govern their shared use of the Premises subject to this Agreement. Site-specific Exhibits may be modified at any time during the Term of this Agreement, with mutual written agreement of the Parties and approval by their governing boards, to accommodate additions, removals, and/or changes to the Premises.
Except as expressly addressed herein, where the terms and conditions of this Agreement and a Site-Specific Exhibit conflict, the Site-specific Exhibit shall control between the Parties.
Exhibit Categories. Site-Specific Exhibits shall be categorized as follows:
2.3.L. Permitted Use. Use permits for Sites identified in Exhibit A, attached hereto, and incorporated herein, shall be requested based on the procedures identified in Exhibit A as authorized by the Civic Center Statutes and the Parties' Facility use rules and regulations for shorter term uses.
2.3.2. Joint Use Agreements. Joint Use Agreements are used to govern a party's long-term use of District Sites pursuant to Education Code sections 17527, et. seq. These agreements generally include a financial component, such as the funding of improvements or joint development of facilities by the party using District property. 2,3,3. Reciprocal Use Agreements. Reciprocal Use Agreements govern the Parties' longterm, mutually beneficial exchange of use of their respective property, usually without a financial component.
The Parties will develop a directory of Sites that will be made available for joint and reciprocal use under this Agreement.
2.3. 2.5. The Parties intend that each Site-Specific Exhibit will include, without limitation, terms of use, maintenance and repair obligations, payment provisions, schedule restrictions, etc., to the extent such information is unique to the specific Premises.
3. DESCRIPTION OF DISTRICI PREMISES. For the purposes of this Agreement, the District Premises shall include classroom buildings, recreational facilities, equipment, landscaping, and other facilities, including public restrooms, unless otherwise indicated, as further described in the SiteSpecific Exhibits attached hereto, located at the District's Sites. The City acknowledges that, to the extent District Premises are operational school sites, City use of District Premises under this Agreement shall not interfere with school activities.
4. DESCRIPTION OF CITY PREMISES. For the purposes of this Agreement, the City Premises shall include the recreational facilities, equipment, landscaping, and other types of facilities, including public restrooms, asfurtherdescribed in the Site-Specific Exhibits attached hereto, located at the City's Sites.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
2.1. 2.4,
5. TITLE TO SITES AND PREMISES. Nothing in this Agreement shall in any way alter the Parties' fee title ownership interest in their Sites and Premises, Nothing herein shall be construed as creating a Iease, easement, or any other interest except a permissive, revocable use.
TERM. This Agreement shall commence on February 23,2023, and shall continue from year to year, unless sooner terminated under any provision hereof, or in a Site-Specific Exhibit ('Term"), USE OF PREMISES.
7.L. Administration.
7.L.L. The Parties shall establish a Facilities Management Committee ("FMC"), composed of District and City personnel established to review and make recommendations regarding short-term permitted, long-term joint, and shared reciprocal use of the Sites.
7.7.1.1. The District and the City shall each designate an equal number of representatives to meet as the FMC to develop a written master schedule for the Parties exclusive use of the Premises ("Master Use Schedule").
The FMC shall be composed of the City Community Services Superuisor and Community Services Coordinator, and a third designated City represented selected by the City Manager as well as the District I nstructiona I Director/Principal Supervisor, Maintena nce Manager, and Operations Manager. Such parties shall make up the FMC, whose majority vote shall be required for all decisions. The District's and the City's Use of Premises shall be governed and coordinated through the Agreement, Site Specific Exhibits, FMC, and the Master Use Schedule developed by the Parties and the District's and City's Permitting Departments.
7.1.2. The Parties, through the FMC, shall manage and coordinate the Master Use Schedule for four (4) month time frames for each year of the Term as follows:
Season Dates Covered in Master Use Schedule
S1 Schedule for Summer Sports Season
(approx. June Lst to July 30th)
S2 Schedule for Fall Sports Season
(approx. August 1st to October 31st)
S3 Schedule for Winter Sports Season
(approx. November 1't - February L5th)
S4 Schedule for Spring Sports Season
(approx. February L6th - May 30th)
5. 7.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
7.L.3. The FMC shall hold regular quarterly meetings, priorto the commencement of each quarter, on a date mutually agreeable to the Parties, or at such times mutually agreed upon by the FMC ("FMC Meeting").
7.L.4. Either Party may request an additional FMC Meeting if there are modifications required for the Master Use Schedule, and the Parties shall cooperate to satisfli those requirements.
7.1.5, The FMC shall meet with the Chief Business Officer and the City and the City's Department of Community Services Director or designees present during at least the First Quarter FMC Meeting.
7 .L.6. No less than 30 days prior to the First Quarter FMC Meeting, the City shall provide to District a copy of its master schedule for City scheduled activities for the First through Fourth Quarters above ("City Master Schedule"). 7 .L.7 . No less than 30 days prior to the First Quarter FMC Meeting, the District shall provide to the City a copy of its master schedule, including school calendar, school construction schedule, bell schedule and school events for the First through Fourth Quarters above ("District Master Schedule").
7.1,.8. After each FMC Meeting, a "Master Use Schedule" including applicable information from the District Master Schedule and the City Master Schedule shall be published for the upcoming Quarter, upon approval by the District Superintendent and the City Manager or their designees, which shall not be unreasonably delayed. Publication of the Master use Schedule shall occur within five (5) calendar days of approval, except where either Party has reasonably withheld approval of the Master Use Schedule, in which case publication shall occur within three (3) calendar days after the Parties reach an agreement on the Master Use Schedule.
7.t.9. The FMC shall have the authority to make coordination and scheduling decisions as set forth in this section 7 below, except for the following actions, which shall require approval by the governing boards of each Party:
7.L.9.1..
7.1,.9.2.
Amend the Agreement and Site-Specific Exhibits; and
Final approval of the Master Use Schedule.
7.t.t}. The FMC's primary responsibilities are as follows:
7.1.10,1, Develop the Master Use Schedule to ensure the Premises are available for City and District use;
7.1.10.2. Make recommendations regarding maintenance, operations, and renovations of the Premises to ensure that the Premises are kept in a safe and clean condition;
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
7.L.10.3. Discuss any issue(s) related to use of the premises; 7,1.LA.4. Review any reported misuse of the Premises and report incidents of misuse upon majority approvalof the FMC;
7.t.L4.5. Collect, account for, and distribute applicable fees and costs for use of the Premises, as required by law;
7.1.t0.6, Report to the District Superintendent and the City Manager, or their designees, as necessary; and
7.1.10.7. Develop bylaws or operating procedures for the FMC and participate in meetings.
7.2. District Use of District Premises. The District's use of District Premises for any purpose shall take precedence and priority over the City's use or any other person or entity's use of District Premises, unless otherwise specified in a Site-Specific Exhibit, in which case the SiteSpecific Exhibit shall control. The District's use includes the following uses of District Pre mises (collectively, "District Use Period"), witho ut I i m itatio n :
7.2.L. Use during anytime when the District Site is in school session, including Summer School;
7.2.2. Use during any time scheduled in advance by the District Site principal or other chool officers for classes, activities, exercises, or functions; and
7.2.3. Use during any time when the District has permitted another person or entity to use District Premises for a specific event(s) or activity(ies).
7.3, City Use of City Premises. The City's use of the City Premises for any purpose shall take precedence and priority over the District's or any other person or entity's use of the City Premises, unless otherwise specified in a Site-Specific Exhibit, in which case the Site-Specific Exhibit shall control. The City's use includes the following uses of City Premises (collectively, "City Use Period"), without limitation:
7.3.1. Use during any time scheduled in advance by City administration for activities, exercises, or functions; and
7.3.2. Use during anytime when the City has permitted another person orentityto use City Premises for a specific event(s) or activity(ies).
7.4, City Use of District Premises.
7,4.!. ln scheduling the use of District Premises, the District's events and programs shall have priority. The City's events and programs shall have second priority. All other users shall have third and on-going priority use in accordance with the District's policies and regulations for third party users.
7.4.2. The City may use District Premises when use does not conflict with the District's use.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
7.5. 7.6.
7.4.3, The City's use of District Premises shall be desribed in further detail, if applicable, in the Site-specific Exhibits attached hereto. Where this section of the Agreement and Site-Specific Exhibits conflict, the Site-specific Exhibits shall contol. The City's right of use shall be non-exclusive.
7.4.4. The Cityshall be responsible for maintaining and overseeing its use, excluding the District's use, of the District Premises pursuant to the terms and conditions set forth herein. The District reserves the right, in its sole disretion, to reasonably preclude or prohibit the use of the District Premises by any person or entity consistent with District Rules and Regulations (defined below).
District Use of City Premises.
7.5.L. ln scheduling the use of the City Premises, the City's events and programs shall have priority. The District's events and programs shall have second priority in scheduling.
All other users shall have third and on-going priority use in accordance with the City's policy for third party users.
7.5.2. The District may use City Premises when use does not conflict with the City's use.
7.5.3. The District's use of City Premises shall be described in further detail, if applicable, in the Site-Specific Exhibits attached hereto. Where this section of the Agreement and Site-Specific Exhibits conflict, the Site-Specific Exhibits shall control. The District's right of use shall be non-exclusive.
7.5.4. The District shall be responsible for maintaining and overseeing its use, excluding the City's use, of the City Premises pursuant to the terms and conditions set forth herein. The City reserves the right, in its sole discretion, to reasonably preclude or prohibit the use of the City Premises by any person or entity consistent with City Rules and Regulations (defined below).
Scheduling Use of Premises.
7.6.1. Except as otherwise provided in the Site-Specific Exhibits, if a Party requires use of a Premises at times other than those set forth in this Agreement, it shall submit a request to the other Party's Permitting Department, as described in Exhibit A, as soon as possible or at least seventy-two (72) hours in advance. The other Party may approve or deny that request at its sole discretion.
7.6.2. To claim priority scheduling status, the Parties shall submit requests for use no later than thirty (30) days prior to the requested date of use. lf a Party makes a request after that date, the request will be processed in the same order of priority provided, and if a permit for requested facility and date has already been issued, the Party's request will be denied.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
7.7 . Cancellations.
7,7 .1. Except in the event of an emergency, or when necessary to prevent damage to the Premises, the Parties shall provide at least thirty (30) calendar days' prior notice of a cancellation of a Party's scheduled use. lf the cancelling Party is the Owner, it shall make good faith and reasonable efforts to provide alternative, available recreational space for the other Party's originally scheduled use, which the other Party shall not unreasonably refuse.
7.7.2. The Parties reserue the right to cancel scheduled activities during inclement weather to prevent damage to facilities. Cancellations for inclement weather will not incur any cancellation fee.
7.7.3. Emergencies. There may from time to time be unanticipated maintenance emergencies (e.g., water main break, roof leak, etc.) which are unavoidable, and will interrupt otherwise approved facility use. In the event of an emergency, the Parties shall have the right to cancel scheduled use of their Premises without prior notice. The Parties shall provide notification of all unanticipated maintenance emergencies as soon as possible to expedite scheduling use of alternative facilities. lf the cancelling Party is the Owner, it shall make good faith and reasonable efforts to provide alternative, available recreation space for the User Party's originally scheduled use, which the User Party shall not unreasonably refuse.
7.8, Collection of Fees and Costs. The FMC shall collect all fees and costs, as required by law, and further described below.
7.8.1. Duties. The FMC shall maintain records, books, and accounts with respect to the management and operation of the District and City Premises. The FMCshall provide a report on all fees and costs collected to the District's Chief Business Officer, or their designee, and the City's Department of Community Services Director, or their designees, within five (5) business days following the conclusion of each season.
The FMC shall retain those records during the Term of this Agreement and for a reasonable period thereafter; provided, however, that prior to disposing of such records, books and accounts, the FMC shall have the obligation to notify the District's Chief Business Officer, or their designee, and the City's Department of Community Seruices Director of its intent to do so and provide the District's Chief Business Officer, or their designee, and the City's Department of Community Services Director or their designees with a reasonable opportunity to reclaim such documents. Notwithstanding the above, the District's Chief Business Officer, or their designee, and the City's Department of Community Services Director or their designees shall have the right, during normal business hours, to inspect or copy such records and audit the reports.
Master FacilitV Use Agreement
Bassett Unified School District and City of La Puente
7.8,2. Civic Center. All scheduling, use, fee/admission fee collection, and other activities shall be compliant with the Civic Center Statutes, which permit a school district to recoup the cost of groups using its facilities, which includes the Recreational Facilities. While the FMC, on behalf of the District, may collect fees for all groups, it must collect fees as indicated here:
7.8.2.L. Direct Costs. A fee equal to at least the direct costs for religious groups using the Recreational Facilities for religious seruices. (Ed. Code, S 38134, subds. (d), (eXt).)
7.8.2.2. Fair Rental Value. A fee equal to the fair rental value for use for entertainment or meetings where the user is (i) charging admission or soliciting contributions, and (ii) the net receipts will not be expended for charitable purposes or for the welfare of the District's students. (Ed.
Code, S 38L34, subds. (d), (gX2).)
7.8.3. Costs. Each Party, when using the other Party's Premises, shall pay the Owning Party direct costs, which include, but shall not be limited to, custodial and security costs pursuant to this Agreement. All direct costs shall depend on the scope and complexity of use, in accordance with the District's Community Use of School Facilities Standard Fee Schedule and the City's Fee Schedule. Notwithstanding anything to the contrary in this Agreement, each Party shall submit their invoices to the FMC, who shall collect reimbursement and make disbursements as hereinafter provided. lnvoices submitted to the FMC shall be accompanied by written documentation itemized with sufficient detail to support the invoiced amounts.
7.8.4. Custodial Services. The Parties recognize that the use of the Premises, particularly in the evenings or on the weekends, creates the need for the Owning Party to pay employees, such as custodians, additional wages and/or overtime wages. These employees will setup and tear-down the activities and events. Each Party shall be responsible for its pro rata share of any wages paid to the custodians, or similar employees, for work performed during its events/programs at the Premises.
7.8.4.1. The City understands and agrees that it and all of its employees shall not be considered employees of the District and are not entitled to wages or benefits of any kind or nature normally provided to the District's employees or to which the District's employees are normally entitled.
The City remains solely liable for the payment of wages for its employees.
7.8.4.2. The District understands and agrees that it and all of its employees shall not be considered employees of the City and are not entitled to wages or benefits of any kind or nature normally provided to the City's employees or to which the City's employees are normally entitled. The District remains solely liable for the payment of wages for its employees.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
7.9. 7.8.5. Disbursements. All invoices shall be paid no later than thirty (30) days following the date the applicable invoice is received from the FMC, All amounts not paid within such time (and not subject to a bona fide dispute) shall accrue interest at the rate of one and one-half percent (1.5%) per month. Other than collecting and forwarding applicable fees and costs, as provided herein, the FMC shall not be responsible for further compensation to the Parties.
District Rules and Regulations.
City use of District Premises shall be pursuant to the District's then existing Policies and Regulations for use of District Premises ("District Use Rules"), as may be amended from time to time. The City shall use reasonable efforts to exclude persons and entities whom the City is aware have violated the District Use Rules from using the District Premises. Where the Agreement and the District Use Rules conflict, the Agreement shall control.
7.9.t.t, Current District Use Rules can be found here: GAMUT Online: Bassett USD: 1000 Community Relations: Use Of School Facilities BP 1330 and AR 1330 (http://www.ea mutonl ine. net/d istrict/bassettusdl).
7.9,2, The Parties agree the District does not permit possession, use, sale, or consumption of tobacco, cannabis, or of any controlled substance on District property, including the District Premises, or any other District facility. Any uses which involve the serving and/or sale of alcoholic beverages and the conducting of games of chance are prohibited on the District Premises.
7.9.3. All proposed use of District Premises shall align with State of California and local governmental Orders regarding public health including, but not limited to, play/activities, physical distancing measures, maximum occupancy, face covering, and reporting and contact tracing requirements and protocols. Violations of these requirements may result in immediate suspension of use of District Premises.
7.L0. City Rules and Regulations.
7.LO.L. District use of City Premises shall be pursuant to the City's then existing Policies and Regulations for use of City Premises ("City Use Rules"), as may be amended from time to time. The District shall use reasonable efforts to exclude persons and entities whom the District is aware have violated the City Use Rules from using the City Premises.
7.!0.t.1. Current City Use Rules can be found here:
http s ://l a p ue nte. o re/co m rn u n ity-se rv ices/fa c i I itv- re se rvat io n s/
7.10.2. The Parties agree City does not permit possession, use, sale or consumption of tobacco products, cannabis or of any controlled substance on City property, including City Premises, or any other City facility, provided that a controlled substance may be used pursuant to a valid prescription.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
7.10.3. All proposed use of City Premises shall align with State of California and local governmental 0rders regarding public health including, but not limited to, play/activities, physical distancing measures, maximum occupancy, face covering, and reporting and contact tracing requirements and protocols. Violations of these requirements may result in immediate suspension of use of City Premises.
7.LL. Personnel and Equipment.
7.tL.L. When using a Premises, the Parties shall provide, at their sole cost and expense: (i) such employees, volunteers, or others as are necessary to ensure the safety of all participants, spectators, and others present in connection with such use; and (ii) all personal property (e.g., equipment, materials, supplies, and/or other items) as necessary to permit the use to occur and as necessary to ensure the safety of all participants, spectators, and others present in connection with such use.
7.tt.2. The Parties specifically agree that personnel hired by a Party shall be employees or independent contractors of that Party and shall not be construed as employees or independent contractors of the other Party for any purpose whatsoever. lf a Party wishes to use the other Party's employees or independent contractors in the conduct of programs (i.e., lifeguards, gym attendants, sport camp instructors, contract instructors, audio-visual crew, technical staff, etc.), the use of such employees shall be subject to a separate written agreement to be negotiated between the Parties on terms to be mutually agreed upon.
7.tt.3, Supervision. Each Usershall train and provide an adequate numberof competent personnel to supervise all activities on the Owner's Premises, including ensuring the area is properly used and participants stay within the designated area and do not stray into adjacent areas not subject to use. The User shall enforce all the Owner's rules, regulations, and policies while supervising activities or programs on the Owner's Premises.
7.t2. Signage. A Party may place temporary signs on the Premises to provide information regarding its approved use, provided the Party obtains the Owning Party's prior written consent and approval of all aspects of the sign including, without limitation, location, verbiage, and appea ra nce.
7.t2.t. The Owning Party's approval and consent is in its sole discretion but shall not be unreasonably withheld.
7.12.2. Anysignshall beattherequestingParty'ssolecostandexpenseandincompliance with the local ordinances pertaining thereto.
7.12.3. Throughout the Term of this Agreement, the Party placing the sign shall, at its sole cost and expense, maintain the signage, and all appurtenances, in good condition and repair. At the termination of this Agreement, that Party shall remove any signs which it has placed on the Premises and shall repair any damage caused by the installation or removalof its signs.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
8. 7.12.4. Signs shallcomply with all applicable local ordinances and state laws.
7.t2.5. The Parties agree to cooperate in obtaining any governmental permits necessary in connection with the placement of a party,s sign.
CONDITION OF PREMISES. The Premises are offered for use to the Parties on an "AS lS" basis.
8.1. The Parties shall not be required to make or construct any alterations including structural changes, additions, or improvements to their Premises. By a Party's entry and use of the Premises pursuant to this Agreement, the Party accepts the Premises in "AS lS" condition. 8,2. The Parties acknowledge that neither Party's agents have made any representation or warranty as to the suitability of the Premises for the other Party's uses as described herein.
Any agreements, warranties, or representations not expressly contained in this Agreement shall in no way bind the Parties, and the Parties expressly waive all claims for damages by reason of any statement, representation, warranty, promise or agreement, if any, not contained in this Agreement.
8.3. Unsafe Conditions. Each Party is responsible for notifying the other of any Hazardous Materials (defined below) or Dangerous Condition (defined below) it discovers on the Premises so the Party or Parties may promptly remedy the unsafe condition. The Parties shall not cause or permit any Hazardous Materials or Dangerous Condition to exist on the Premises. A Party will promptly provide, pursuant to the "Compliance with All Laws" section of the Agreement, if the Party becomes aware of any Hazardous Materials on the Premises.
A Party will promptly provide notice, pursuant to the "Accident/ lncident Reporting" section of the Agreement, if the Party becomes aware of any Dangerous Condition the Premises.
8.3.1. As defined by Government Code section 830 et seq., "Dangerous Condition" is any condition of the Premises that creates a substantial risk of harm when the Premises or adjacent property are used with due care, in a reasonably foreseeable manner.
NO ALTERATIONS OR IMPROVEMENTS. Using Parties shall not construct or cause to be constructed any alterations or improvements on the Premises, except as described in the Site-specific Exhibits attached hereto.
10. MAINTENANCE AND REPAIRS.
10.1, The Parties will maintain their Premises in a good condition consistent with the condition of the Premises existing at the time of delivery.
10.1.1. The Parties shall provide routine maintenance and repair of their Premises, at their sole cost and expense, using the same standards that the Party applies to comparable areas at its facilities, including, without limitation, mowing, watering, fertilizing, reseeding, and maintaining athletic fields, turf, and parks.
70.1.2. Maintenance and/or repair work includes work necessary to prevent or arrest any degradation in the condition of improvements located on Premises, or necessary to otherwise maintain or restore the condition of such improvements. Maintenance and/or repair work also includes, but is not limited to: (i) trimming of vegetation,
9. Master Facility Use Agreement
Bassett Unified School District and City of La Puente
Page L2 of 25
(ii) replanting or replacement of turf, shrubs, trees, et cetera; (iii) replacement and adjustment of irrigation system components; (iv) repaving, resurfacing or slurrycoating of asphalt/blacktop play areas; (v) repaving, resurfacing or slurry-coating of, and re-striping of, parking areas; (vi) repair or replacement of fencing; and (vii) repair or replacement of play-structures, equipment and other improvements located on Premises, or components thereof. The Parties, to the extent permitted by law and applicable contractual arrangements, may perform its maintenance and/or repair obligations using either its own personal or contracted forces under the direct control of the Party.
10.1.3. ThePartiesmakenorepresentationsorwarrantiesforthestructureofanybuildings existing on the Premises as of the Commencement Date. The Parties agree that if the structural elements of any building become damaged to a lesser condition than currently exists, and if such structural damage is due to no fault or negligence of the other Party, then each Party will repair the damage in such a manner as to bring it back to a condition which is similar to the condition which exists at the Commencement Date; however, each Party may terminate the agreement to use a specific Site if such repair cost exceeds fortv thousand dollars (540,000) per District or City Site. The Parties agree to pro-rate payment for use of the Premises during the "repair" period if the resulting structural damage prohibits the other Party from carrying out its normal daily activities. If a Party elects not to perform a repair estimated to cost in excess of forty thousand dollars (540,000), the other Party may elect to terminate the agreement to use that Site.
LO.L. . As used in this Agreement, the term "structural elements of the building" are defined as and shall be limited to the foundation, footings, floor slab but not flooring, structural walls excluding glass and doors, and the roof excluding skylights.
Plumbing, electrical and heating systems shall be considered "structural elements of the building" excluding, however, those repairs and maintenance items which can be completed without wall or floor removal.
L0.L.5. The Parties shall have no maintenance or repair obligations with respect to the Premises except as expressly provided in this Section. The Parties hereby expressly waive the provisions of section L932 of the California Civil Code.
10.1.5.1. Provided, however, that the Parties shall submit to the other Party for review any plans for repairs required on the Premises, respectively. Upon review of any submitted plans, there shall be a determination whether and to what extent the other Party will share in the cost of the repairs to the Premises, as applicable.
10.1.6. Each Party may schedule renovations, maintenance, and repairs on its Premises at times of its choosing, in its sole discretion, but shall schedule planned renovations, maintenance, and repairs in a manner so as to minimize impact upon the other Party and its use of the Premises.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
11. SAFETY OF PROPERTY. The Parties make no warranties or representations as to the safety or security of the Premises,
tl.t. The Parties acknowledge, understand, and agree that the Parties are neither responsible for, nor have the obligation to supply, provide, establish, maintain, or operate Safety Measures (defined below) for the premises.
71,.2. The Parties shall not be liable for, and are hereby released from any and all responsibility for any damage, loss, or injury to the other Party or its personal property resulting or arising out of any criminal activity (including, but not limited to, any damage, loss, or injury resulting from intrusions, petty theft, vandalism, or other similar acts), that may occur on or near the Premises, regardless of whether a Party was able to, actually did, or failed to provide notice to the other Party of a safety incident or situation occurring on the Premises which led to the damage, loss, or injury.
LL.3. Safety Measures.
tl.3.L. The Premises may be monitored by a safety system or protocol implemented, maintained, and operated by the Parties ("Safety Measures"). tL.3.2. Unless expressly agreed to by the Parties, the Parties shall be responsible, at its sole cost, for supplying, providing, establishing, maintaining, and operating its own safety measures, protocols, personnel, or systems to encourage and ensure the security of the Party, its agents, officers, employees, licensees and invitees, and the Premises ("Party's Safety Measures"); provided, however, that Party must obtain prior written approval from the other Party prior to employing the Party's Safety Measures and provided that all of Party's Safety Measures are compatible with the Safety Measures.
12. ACCIDENT/INCIDENT REPORTING. Each Party shall submit written accident/incident reports to the other Party as soon as practicable, but not more than twenty-four (24) hours, after the occurrence of or a Party's receipt of information or notice regarding any accident or incident that occurs on the Premises including related claims, arrest or criminal charges associated with that Party's use of the Premises or Party's staff working on the Premises. Submission of written accident/incident reports shall be made pursuant to the section entitled "Notice." Accident/injury reports shall also be verbally reported to the Party's Maintenance Office during normal business hours and to the Party's contact (as identified below) during non-business hours. tz.L. The District's contact during non-business hours is Director of Facilities, Development, and Transportation; [email protected]; after hours telephone number (562)997-81-01-.
L2,2. The City's contact during non-business hours is Community Seruices Coordinator Troy Grunklee, [email protected]; office telephone number (626) 855-1509; after hours telephone number (626) 622-5216.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
13. REMEDIES FOR BREACH. Any default in the performance of any terms or conditions of this Agreement, by either Party, shall constitute a breach of this Agreement,
13.1. Excepting the circumstances discussed in section 15, the non-defaulting Party shall provide thirty (30) day written notification to cure every breach identified in the notification. t3.2. ln the event the defaulting Party fails to cure within such period of time, and subject to any conditions or obligations made applicable by the prior or continuing expenditure of grant funds in relation to any City Premises or District Premises, the non-defaulting Party shall have the right to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement.
13.3. The failure of a Party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.
13.4. De minimis or minor technical errors in the performance of any terms and conditions of this Agreement shall not be considered a material breach.
13.5. Any d ispute as to the existence of a materia I breach, the accepta b ility of a cu re for a n a lleged breach, orthe appropriate remedy for a material breach of this Agreement shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both Parties.
Arbitration of disputes as to material breach of this Agreement shall be final and binding as the exclusive remedy for enforcement of the rights and responsibilities of all Parties.
14. WAIVER. The waiver by either Party of any breach of any term, covenant, or condition contained herein shall not be deemed a waiverof such term, covenant, condition, any subsequent breach of the same, or any other term, covenant, or condition contained herein.
15. TERMINATION. This Agreement may be terminated for convenience or cause as specified below.
15.1. Termination for Convenience. Either Party may terminate this Agreement by written notification sixty (60) days prior to the effective date of the termination. Neither Party shall be required to provide just cause for termination in the written notification. 1-5.2. Termination for Cause. Either Party may terminate this Agreement immediately for cause.
Cause shall include, without limitation:
L5.2.L. Material violation of this Agreement by either Party; L5.2.2. Any act by a Party exposing the other Party to liability to others for personal injury or property damage; or
t5.2.3. Either Party is adjudged bankrupt, makes a general assignment for the benefit of creditors, or a receiver is appointed on account of a Party's insolvency.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
15.3. Either Party may allow a period for the defaulting Party to "ctJre" the default, at the nondefaulting Party's sole discretion, lf Party terminates for cause, the other Party's rights in the Premises shall terrninate upon receipt of notice of termination from the party. Any termination under this section shall not release a Party from the payment of any sum or payment for use of the Premises then due to a Party or from any claim for darnages previously accrued or then accruing against a Party.
!5.4. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to the Parties.
15.5. Upon termination of this Agreement, the Parties shall be responsible to restore the other Party's Premises to its condition prior to the commencement of this Agreement with no damage thereto, reasonable wear and tear excepted.
15. SURRENDER OF AGREEMENT NOT MERGER. Mutual cancellation of this Agreement, or surrender by a Party, shall not work a merger and shall, at the option of the other Party, terminate all or any existing rights of third parties acting through such Party and this Agreement to use the Premises.
L7. SURRENDER OF PREMISES. Upon surrender of Premises:
!7.7. Each Party shall deliver the Premises in the same condition as upon entry, normal wear and tear and approved alterations and improvements excepted.
L7.L.t. The Using Party shall, at its sole cost, be responsible for repairing all damage attributable to its use of the Owning Party's Premises.
17.2. The Owning Party may undertake such repairs of damage caused by the Using Party and provide the Using Party with an itemized invoice for the costs. The Using Party shall pay the invoice within (30) days of receipt.
L7.2.t. lf there is a dispute regarding the cause of the damage, the Parties shall promptly meet and confer and, if so agreed share the cost of repairs.
18. INDEMNIFICATION. To the fullest extent permitted by California law, each Party shall defend, indemnify, and hold harmless the other Party and its board members, council members, representatives, officers, officials, consultants, employees, trustees, volunteers, agents, and invitees from and against any and all loss, liability, damage, or expense, including any direct, indirect, or consequential loss, liability, damage, or expense, for injury or death to persons, including employees of either Party, and damage to property, including property of either Party, arising out of or in connection with intentional, willful, wanton, reckless, or negligent conduct resulting from the use, conduct, or any activities of a Party related to this Agreement. However, neither Party shall be indemnified herein for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct. These lndemnification provisions are independent of and shall not in anyway be limited bythe lnsurance Requirements of this Agreement. Approval of the lnsurance contracts required by this Agreement does not in any way relieve the Parties from liability under this section.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
19. INSURANCE.
19.1,. lnsurance is to be obtained from insurer(s) with a current A.M. Best lnsurance rating of no less than A-minus: Vll and subject to each Parties approval. Each Party shall furnish the other with the original certificates and amendatory endorsements effecting coverage required. Alternatively, if either Party is self-insured, the insurance requirements may be satisfied through the Party.
t9.2. Each Party acknowledges that the insurance to be maintained by the Parties on the Sites will not insure any of Party's property or improvements made by Party.
19.3. Each Party, at each Party's expense, shall obtain and keep in force during the term of this Agreement a policy of commercial general liability insurance, an excess liability/umbrella policy and a comprehensive auto liability policy insuring the other Party as an additional insured against claims and liabilities arising out of the operation, condition, use, modification, maintenance, or occupancy of the Sites and all areas appurtenant thereto, including parking areas. Each Party's comprehensive auto liability policy shall insure all vehicle(s), whether hired, owned or non-owned.
19.4. Each Party's commercial general liability insurance shall be at least as broad as the lnsurance Service Office (lSO) CG 00-01 form and in an amount of not less than one million dollars (51,000,000) for bodily injury or death and property damage as a result of any one occurrence and a two million dollar (52,000,000) general aggregate policy limit. ln addition, each Party shall obtain an excess liability/umbrella coverage policy in the aggregate amount of five million dollars (55,000,000). Each Party's commercial auto liability policy shall be in an amount of not less than five million dollars ($5,000,000) combined single limit.
19.5. The insurance carrier, deductibles and/or self-insured retentions shall be approved by each Party. Within five (5) days of the Commencement Date, each Party shall deliver to the other Party a certificate of insurance evidencing the existence of the policies required hereunder and copies of endorsements stating that such policies shall:
19.5.L. Not be canceled or altered without thirty (30) days prior written notice to the other Party;
L9,5.2, State the coverage is primary and any coverage by other Party is in excess thereto; L9.5.3. Contain a cross liability endorsement; and
19.5.4. lnclude an endorsement naming the other Party's officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the use of the facility, work or operations performed by or on behalf of either Party including materials, parts, or equipment furnished in connection with such work of operations. General liability coverage can be provided in the form of an endorsement to the Party's insurance (at least as broad as ISO Form CG 20 tO 11 85 of if not available through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if a later edition is used).
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
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19.5.5. At least fourteen (14) days prior to the expiration of each certificate, and every subsequent certificate, each Party shall deliver to other Party a new certificate of insurance consistent with all the terms and conditions required in connection with the original certificate of insurance as described herein.
19.6. During the Term, each Pafty shall comply with all provisions of law applicable to the party with respect to obtaining and maintaining workers' compensation insurance. 19,5,1. Worker's Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability insurance with a limit of no less than one million dollars (51,000,000) per accident for bodily injury or disease. t9.7. Each Party hereby grants to the other a waiver of any right to subrogation which any insurer of said Party may acquire against the other by virtue of the payment of any loss under such insurance. Each Party agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the Parties have received a waiver of subrogation endorsement from the insurer. However, the Workerrs Compensation policy shall be endorsed with a waiver of subrogation in favor of each Party for use of facilities and for all work performed by each Party.
19.8. The applicable insurance requirements above must be satisfied by any third-party administrators of the District or the City's programs prior to use of the Premises.
20. NOTICE. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served, and received if given in writing, and personally delivered by overnight delivery service, addressed as follows:
lf to Citv:
City of La Puente
15900 E. Main Street
La Puente,CA9t744
Attn: Director of Administrative Services
Email : troy.grun klee@ la puente.org
lf to District:
Bassett Unified School District
904 N. Willow Avenue
La Puente, CA9L746
Attn: Director of Facilities, Development, and Transportation Email : d mca ulay@ bassettusd.org
Notice personally given shall be effective upon receipt. Notice sent by overnight delivery shall be effective the business day next following delivery thereof to the overnight delivery service. Notice sent by USPS shall be effective within three (3) business days following delivery thereof to USPS.
The Parties agree to also provide notices, certificates, or other communications by electronic mail.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
21. CALIFORNIA LAW. This Agreement shall be governed by, and the rights, duties, and obligations of the Parties shall be determined and enforced in accordance with, the laws of the State of California, All actions or proceedings brought to enforce the terms and conditions of this Agreement shall be maintained in Los Angeles County, California.
22. COMPLIANCE WITH ALL LAWS. The Parties shall, at their own expense, comply with all requirements of all governmental authorities, including applicable District Policies and Procedures, in force either now or in the future, affecting the Premises, and shallfaithfully observe in their use of the Premises all laws, regulations and ordinances of these authorities, in force either now or in the future including, without limitation, all applicable federal, state and local laws, regulations, and ordinances pertaining to air and water quality, hazardous material, waste disposal, air emission and other environmental matters (including the California Environmental Quality Act ("CEQA") and its implementing regulations) and the other Party's Use Policies, rules and regulations relating to same ("Environmenta I Laws").
22.1. Violation. The judgment of a court of competent jurisdiction, or a Party's admission in an action or a proceeding against a Party, whetherthe other Party is a partyto it or not, that Party has violated any law or regulation or ordinance in their use of the Premises shall be considered conclusive evidence of that fact as between the Parties. lf a Party fails to comply with any law, regulation or ordinance, the other Party reserues the right to take necessary remedial measures at the non-compliant Party's expense, for which the noncompliant Pafty agrees to reimburse the other Party on demand. 22,2. Hazardous Materials. The term "Hazardous Materials" means 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 Government. The Parties shall not cause or permit any Hazardous Material to be generated, brought onto, used, stored, or disposed of in or about the Premises and any improvements by a Party or its agents, employees, contractors, subtenants, or invitees, except for limited quantities of standard office, classroom, and janitorial supplies (which shall be used and stored in strict compliance with Environmental Laws). The Parties shall comply with all Environmental Laws. The term "Hazardous Materials" includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance which is (i) defined as hazardous or extremely hazardous pursuant to Title 22 of the California Code of Regulations, Division
4.5, Chapter Ll, Article 4, section 6626L30 et seq., (ii) defined as a "hazardous waste" pursuant to section (ta) of the federal Resource Conservation and Recovery Act, 42 U.S.C. 690L et. seq. (42 U.S.C. 6903), or (iii) defined as a "hazardous substance" pursuant to section 10 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. (42 U.S.C. 9501). As used herein, the term "Hazardous Materials Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release, or disposal of any Hazardous Material.
22.3, Notice of Hazardous Substances. The Parties will promptly notify each other in writing if a Party has or acquires notice or knowledge that any Hazardous Substance has been or is threatened to be, released, discharged, disposed of, transported, or stored on, in, or under or from the Premises in violation of Environmental Laws. The Parties shall promptly provide Master Facility Use Agreement
Bassett Unified School District and City of La Puente
Page L9 of 25
copies to each other of all written assessments, complaints, claims, citations, demands, fines, inquiries, reports, violations, or notices relatingto the conditions of the Premises or compliance with Environmental Laws. The Parties shall promptly supply each other with copies of all notices, reports, correspondence, and submissions made by a Party to the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, and any other local, state, or federal authority that requires submission of any information concerning environmental matters or Hazardous Substances pursuant to Environmental Laws. The Parties shall promptly notify each other of any liens threatened or attached against the Premises pursuant to any Environmental Laws.
22.4. lnspection. Each Party and the Party's agents, servants, and employees including, without limitation, legal counsel and environmental consultants and engineers retained by that Party, may (but without the obligation or duty to do so), at any time and from time to time, on not less than ten (10) business days' notice to the other Party (except in the event of an emergency, in which case, no notice will be required), inspect the Premises to determine whether a Party is complying with the Party's obligations set forth in this section, and to perform environmental inspections and samplings, during regular business hours (except in the event of an emergency) or during such other hours as the Parties may agree.
22.5. Indemnification. Each Party shall indemnify, defend (by counsel reasonably approved in writing by the other Party), protect, release, save, and hold harmless the other Party from and against all Claims arising from any breach of a Party's covenants under this section 22.
23. SUSPENSION OF USE DURING GOVERNMENT MANDATED CLOSURES. Either Party may suspend use of the Sites and Premises immediately due to State and localgovernment mandated closures ("Closure") due to a pandemic or epidemic or other health concern, including COVID-19. Such suspension shall not be considered a default, breach, material violation or failure to perform under the terms of the Agreement. Written notification of the closure shall be provided to the other Party as soon as practicable, but in no event more than ten (10) days after the Closure. The FMC shall meet and confer periodically during the term of the suspension regarding when use of the facilities can resume. During the suspension, the Parties can terminate for convenience per section 15 of the Agreement.
24. FINGERPRINTING AND CRIMINAL BACKGROUND VERIFICATION. lf applicable and/or requested by District, the City shall be responsible for ensuring compliance with all applicable fingerprinting and criminal background investigation requirements described in California Education Code section 45L25.L, which may be met underthe fingerprinting provisions of Title 22 of the California Code of Regulations and applicable provisions of the California Health and Safety Code relevant to community care facility licensing (Health & Safety Code 5$ 1500 et seq.). lf required, the City shall complete Exhibit B and verification of compliance with the fingerprinting and criminal background investigation requirements to District prior to every individual's commencement of employment or participation in the City's Program and priorto permitting contact with any pupils. 25, NONDISCRIMINATION. Neither Party shall discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, dge, national origin, ancestry, disability, or any other basis prohibited by law in the operation of any of their programs or employment practices. The Parties affirm they are equal opportunity employers and shall comply with all applicable federal, state, and local laws and regulations.
Master Facllity Use Agreement
Bassett Unified School District and City of La Puente
25. AUTHORITY. The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and all acts necessary to confer such authority have been duly, properly, and legally taken, such that by executing this Agreement, the Parties are formally bound to the provisions of this Agreement. _
27. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, and assigns.
28. SUBCONTRACTING AND ASSIGNMENT. The Parties shall not have the right, voluntarily or involuntarily,toassign,license,transfer,orencumberthisAgreement. Anypurportedtransfershall be void and shall, at the other Party's election, constitute a default. No consent to transfer shall constitute a waiver of the provisions of this section. Neither Party shall subcontract any required performance under this Agreement without the prior, written consent of the other Party.
29. AMENDMENT AND MODIFICATION. The Parties may amend or modify the Agreement, and any exhibit attached hereto, including Site-specific Exhibits, in writing, signed by the Parties. No amendments, changes, or modifications are valid or binding unless and until approved and/or ratified bythe District's Board and City's governing body.
30. SEVERABILITY. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but in the event any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect underthe applicable law, such provision shall be severed, and all remaining provisions shall remain valid, legal, and enforcea ble.
3L. CAPTIONS. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.
32. ATTORNEY9 FEES. ln the event either Party institutes legal action to enforce its rights under this Agreement, in whatever forum, public or private, each Party shall be solely responsible for its costs and attorneys'fees. No court shall have authority or jurisdiction to rule or order to the contrary.
33. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals and each Site-Specific Exhibit attached hereto are incorporated herein by reference.
34. COUNTERPARTS. This Agreement, and all exhibits, amendments, and supplements to it, may be executed in counterparts. All counterparts together shall be construed as one document.
35. DRAFTING PARTY. This Agreement is created as a joint effort of both Parties and shall not be interpreted against either Party as the drafter of the Agreement.
36. ENTIRE AGREEMENT OF PARTIES. This Agreement sets forth the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
37. BOARD APPROVAL. The Agreement and its exhibits, including Site-Specific Exhibits, are not valid or binding unless and until approved or ratified by the District's Board and City's governing body.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
38. FORCE MAJEURE. ln addition to specific provisions of this Agreement, performance by a party shall not be deemed to be in default, and all performance or other dates specified in this Agreement shall be extended, where the Party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonable control of the Party, such as but not limited to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; limitation of supplies; epidemics; quarantine restrictions; freight embargoes; lack of transportation; litigation; unusually severe weather; acts or omissions of another party; or any other causes beyond the control of or without the fault of the Party claiming an extension of time to perform. Any governmental statute, order, regulation, rule, or equivalent preventing the use of any Premises as a result of COVID-19 shall not be considered an event beyond the reasonable control of a party.
Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other party within ten (10) days of the commencement of the cause.
ISIGNATURE PAGE TO FOLLOWI
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
E/ 4- Dated: / L@u_ Z)_,2023 Dated: -3 =o
*ZL ,2023
ACCEPTED AND AGREED on the date indicated below:
BASSETT UNIFIED SCHOOL DI
By:
Print Name:
Print Title: Su perintendent
CITY OF LA PUENTE
By:
Print Name:
Print Title:
APPROVED AS TO FORM:
ATTEST:
By:
Jaureg
q{r\a Tcrv€,S
City Clerk
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
EXHIBIT A
FACILITY PERMITTING PROCEDU RES
l. Bassett Unified School District Facility Use Permit Request Procedures. a. The City shall utilize the District's most current Facility Use Permit Request Proced u res.
ll. City of La Puente Facility Use Permit Request Procedures. a. The District must complete and submit the City's "Facility Rental Application" form identifying the location, date(s), and time(s) of requested use. i. The City Facility Rental Application can be found here:
https://la pu_e nte.o relcommu n ity-services/faci litv-reserv*ions/ ii. The District shall not be required to submit any other documentation to the City to reserve facility use (e.g. California Drive/s License or ldentification, executed Facility Rules and Regulations, executed Cancellation Policy, etc.).
b. The District must then and return the completed application to the City's Youth Lea rn i ng Activity Ce nte r: a nlora les@ Ia.pqe nte. o rg c. Once submitted, City Staff will review the District's application to determine whether the facility is available on the requested date(s) and time(s). d. When no conflict exists, City Staff will schedule the District's requested use and provide the District with notice of the approval.
Master Facility Use Agreement
Bassett Unified School District and City of La Puente
2. EXHIBIT B
CRIMINAL BACKGROUND
I N VESTT GAT| ON/F| N G ERpRt NTt N G CE RTt Ft CAT! ON Education code' The undersigned does hereby certify to the governing board of District as follows:
The
District
undersigned
property
is an authorized representative of the city currently under Agreement for use of as described in the Agreement; the unJersigned is familiar with the facts herein certified and is authorized and qualified to execute this certificate on behalf of the city. The city with
certifies it has complied with the fingerprinting requirements of Education code section 4st2s.1, respect to all city's employeei who inieract with District pupils outside the immediate supervision and control of the pupil's parent or guardian or school employee, and the california Department of Justice has determined (per the ool process for Applicant Agencies described more fully on its website, located at: http://oag.ca.govfingerprints/agencies) none of those employees complete
has been convicted of a felony, as the term is defined in Education code section 45122.1. A and accurate list of city's employees who may interact with District pupils during the course and scope of the Agreement is attached hereto.
Megan's Law (Sex Offenders). The City has performing services are not listed on verified, and will continue to verify, City employees the State of California ,,Megan,s Law,, Website 3' The city's responsibility for background clearance extends to all its employees, subcontractors, and employees of subcontractors who may interact with District pupils regardless of whether they are designated as city employees or acting as independent contractors of the city.
Date:
Proper Name of the City:
Signatu re:
Print Name:
Title:
IEND OF DOCUMENTI
Master Facility Use Agreement
Bassett Unified School District and City of La puente Page 25 of25