1 SHARED RECREATION FACILITIES AND SRO AGREEMENT
This Shared Recreation Facilities Agreement SRO ("Agreement") is made and entered into as of , 2026, by and between the City of Manteca, a California municipal corporation and public body ("City"), and the Manteca Unified School District, a California public school district ("District"). The City and District may be referred to herein as "Party" or collectively as "Parties."
RECITALS
A. The Community Recreation Act (Ed. Code,§§ 10900 - 10914.5) authorizes cities and public-school districts to organize, promote, and conduct community recreation programs and activities to promote the health and general welfare of the community, and to enter into agreements for such purposes; and
B. Education Code section 10905 authorizes the governing bodies of the City and District to enter into agreements with each other to promote the health and general welfare of the community and to enhance the recreational opportunities afforded to the community; and
C. The Civic Center Act (Ed. Code,§ 38131, et seq.) authorizes the District to grant use of its school facilities and grounds to certain organizations and citizens; and D. The District is the owner of certain facilities within the City ("District Facilities"), as described and depicted in Exhibit "A" attached hereto; and E. The City. is the owner of certain facilities in the City ("City Facilities"), also as described and depicted in Exhibit "B" attached hereto; and F. The Parties desire to maximize the Recreational opportunities of the District Facilities and the City Facilities, in some instances referred to herein as the "Shared Facilities" (as defined herein); and
G. The Parties desire to establish an arrangement to use each other's Shared Facilities at no cost pursuant to the terms of this Agreement; and
H. The Parties use of the Shared Facilities will create Recreational programs and activities that will greatly benefit the community and District's students, and therefore the Parties desire to enter into this Agreement under Education Code Section 10900 et seq.; and I. The Parties' use of the Shared Facilities is authorized under Education Code Section 10900 et seq. Each Party further acknowledges that, consistent with Education Code Section 10910, the use of District Facilities for community recreational purposes under Rev. 05/21/26
2 this Agreement will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system; and
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and District hereby agree as follows:
1. Defined Terms. Capitalized terms used in this Agreement are given the following meanings:
a. "City" means the City of Manteca, a California municipal corporation and public body, its employees, agents and itsinvitees pursuant to applicable law. b. "City Council" means the City Council of the City of Manteca. c. "City Facility" and "City Facilities" mean only those facilities as identified in Exhibit "B" attached hereto.
d. "District" meansthe Manteca Unified School District, its Board ofTrustees, employees (both full and part time), students and its invitees pursuant to applicable law. e. "District Board of Trustees" means the Board of Trustees for the Manteca Unified School District.
f. "District Facility" and "District Facilities" means only those facilities as identified in Exhibit "A" attached hereto.
g. "Effective Date" means this Agreement shall be effective upon the date of full execution hereof by the Parties.
h. "Agreement" means this Agreement, including the Recitals and the Exhibits.
i. "Recreation" and "Recreational" shall be defined by the term "recreation" set forth in Education Code Section 10901, which includes "any activity, voluntarily engaged in, which contributes to the physical, mental, or moral development of the individual or group participating therein, and includes any activity in the fields of visual and performing arts, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any of them, and any informal play incorporating any such activity." j. "Shared Facility" and "Shared Facilities" refer individually and collectively to the District Facilities and the City Facilities defined herein and identified in Exhibits "A" and "B" attached hereto.
k. "SRO" means a School Resource Officer employed by the City.
2. Rent. Neither Party shall pay rent to the other for use of the Shared Facilities.
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3 3. Agreement Term and Termination. This Agreement shall be effective upon the Effective Date. Following the Effective Date, this Agreement shall remain in full force and effect for a period of one (1) year ("Term"). The Term may be extended by mutual written consent of the Parties for five (5) extensions of one (1) year each. This Agreement may be terminated by either Party at an earlier date than specified hereunder by providing written notice to the other Party at least one hundred twenty (120) days in advance of the early termination date. Early termination shall not relieve either Party of any obligations, financial otherwise, which are owing at the time of termination or which extend beyond the termination date.
4. Grant of License for Use of Shared Facility. Each Party grants to the other Party a license, exclusive or non-exclusive as herein provided, to enter upon and use a Shared Facility for the purposes described in this Agreement. As provided herein, in some instances the license is for exclusive use; at other times, the license is for nonexclusive use so both Parties may use designated portions of a Shared Facility at the same time, so long as no student contact occurs.
Any Party's use of a Shared Facility must not unreasonably interfere with the reasonable use and enjoyment of the Shared Facility by the other Party.
5. Scope of Shared Facilities Use.
a. The District is allowed use of the City Facilities for school-related Recreational activities. District's use does not include any use not described in Exhibit "A", unless approved in writing, in advance, for the school year or otherwise by the City, which the City will reasonably approve on request of District. The City is allowed to use District Facilities for Recreational activities and programs offered by the City. The City's use of District Facilities does not include any use not described in Exhibit "B", unless approved in writing, in advance, for the school year or otherwise by District, which District will reasonably approve. Neither Party shall have any right to authorize use of Shared Facilities by any third-party organization via sublicense, facilities use request, or other means without the prior written consent of the other Party, which may be revoked by a Party at any time and for any reason. A Party's use of the other's Shared Facilities shall be without charge to other, except as otherwise provided herein. b. District’s custodial staff are normally not present at the District Shared Facilities after 8:30 p.m. on weekdays, all day on weekends or holidays. If the City’s use of a District shared Facility requires District’s custodial staff during these hours, the City will reimburse the District for the additional cost of the District providing custodial services for the City’s use during those times.
6. Shared Facilities Use Limitations.
a. A Party's use of the Shared Facilities shall be during the hours and on the days authorized in this Agreement.
b. Each Party must pay all direct costs, provide appropriate staffing, provide coordination and arrange scheduling for its uses of a Shared Facility. Each Party must ensure that its use of a Shared Facility is conducted appropriately and safely. c. Shared Facilities must be used in accordance with each parties' applicable rules, applicable law, and governmental regulations.
d. A Party may restrict admission to that portion of a Shared Facility during that Party's hours of use.
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4 e. Each Party is obligated to inspect a Shared Facility prior to its use and shall determine the suitability of it for its intended use.
f. A Party's use of a Shared Facility must not materially affect the other Party's use a Shared Facility for their approved and intended purposes, nor become a nuisance to neighboring property owners.
g. The City shall not use a District Facility, or any part thereof, for any purpose which is inimical to public morals and welfare or morally objectionable as unsuitable for a public educational facility.
h. A Party's use does not include permission to construct, install, or erect any structure, device or other item, regardless of size, use or function, whether temporary or permanent on or in the other's Shared Facility without written approval from facility owner. i. Any use which involves the consumption and/or sale of alcoholic beverages and the conducting of games is prohibited at a Shared Facility. The use of tobacco products at a Shared Facility is also prohibited at all times.
j. In accordance with the District's policy (BP 3513.3(a)), tobacco and nicotine use of any kind is strictly prohibited. The City's employees, volunteers, and invitees shall additionally comply with all applicable laws and ordinances regarding the use of tobacco and nicotine in the vicinity of all entrances to the School Site. k. Except for law enforcement, firearms, weapons, explosives, and open flame devices are prohibited at the Shared Facilities regardless of whether carried openly or concealed or stored.
1. Each Party is solely responsible for supervising adults and minors when using the Shared Facility. Each Party shall provide sufficient staffing and exercise such control as is necessary to avoid damage to the Shared Facility, its landscaping and improvements and/or injury to persons or property using the Shared Facility. m. Upon conclusion of its use, the Party must return the Shared Facility to its original condition. This includes returning any equipment, tables and chairs to the place that they were stored and removing any trash that accumulated.
n. No vehicle access or restroom access to a Shared Facility is granted unless expressly stated in Exhibits "A" or "B" or authorized in advance through a separate written agreement executed by both parties. Placement of storage pods at a Shared Facility may be permitted upon written request and mutual written approval, subject to agreed-upon terms and conditions.
0. a Shared Facility.
No animals (except service animals allowed by law) may be brought upon p. Neither Party has the authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Party, operation of law or otherwise, to attach to or be placed upon the other Party's Shared Facilities, and any and all liens and encumbrances created by a Party shall only attach to that Party's interest only. The Parties shall have the right at all times to post and keep posted on the Shared Facilities a notice, which it deems necessary, for protection from such liens. The Parties covenant and agree not to suffer or Rev. 05/21/26
5 permit any lien of mechanics or materialmen or others to be placed against the other Party's Shared Facilities with respect to work or services claimed to have been performed or materials claimed to have been furnished at a Shared Facility, and, in case of any such lien attaching or notice of any lien, the Parties covenant and agree to cause it to be immediately released and removed of record.
Notwithstanding anything to the contrary set forth in this Agreement, in the event that such lien is not released and removed on or before the date notice of such lien is delivered by a Party to the other, the aggrieved Party, at its sole option, may immediately take all action necessary to release and remove such lien, without any duty to investigate the validity thereof, and all sums, costs, and expenses, including reasonable attorneys' fees and costs, incurred by the Party in connection with such lien shall be deemed immediately due and payable by the other Party.
7. Party's Right to Use Its Own Shared Facilities. Each Party retains the right to use any portion of its Shared Facilities that is not being used by the other. Each Party shall continue to exclusively control its own Shared Facilities.
8. Compliance with Laws and Regulations. The Parties shall use each other's Shared Facilities in a manner that meet federal, state and local regulations, and shall comply with the following:
a. Any action taken by a Party that is required by state law but is inconsistent with the terms of this Agreement shall not be construed to be a breach or default of this Agreement. b. The Parties shall not use the other's Shared Facilities, in whole or in part, for any purpose or use in violation of the laws applicable thereto. c. The Parties shall not commit or suffer to be committed, any waste upon the Shared Facilities, or allow any sale by auction upon the Shared Facilities, or impose any loads upon the floor, walls, or ceiling which could endanger the structure of a Shared Facility, or place any harmful liquids into the plumbing, sewer, or storm water drainage system of a Shared Facility.
No waste materials or refuse shall be dumped upon or permitted to remain upon any part of a Shared Facility, except in trash containers designated for that purpose.
9. Fingerprinting and Criminal Background Investigations. For uses of the District Facilities, the City shall ensure compliance with the fingerprinting requirements of Education Code section 10911.5 for all persons who could have direct contact with students, regardless of whether such individuals are paid or unpaid. The City shall provide written verification of compliance with the fingerprinting and criminal background investigation requirements to District prior to any person coming into direct contact with any students
10. No Unnecessary Student Contact. Prior to use of Shared Facilities where students are present, the City shall instruct all persons under its control to not engage in unnecessary contact with students. At its sole discretion, the District may require the City to immediately remove any person under its control from a District Facility if any unnecessary student contact is observed or reported.
11. Personnel, Equipment, and Reasonable Rules, and Regulations. a. For each use of a Shared Facility, the Party, at its sole cost and expense, shall provide: (i)such employees, volunteers, or others as are necessary to ensure the safety of all Rev. 05/21/26
6 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.
b. The personnel hired by each Party shall not be construed as employees or independent contractors of the other Party for any purpose whatsoever. If a Party wishing 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 by the Parties on terms to be mutually agreed upon. c. If a hazard is identified at any time, the Party will immediately notify the other to allow that Party who owns the Shared Facility to remedy the hazard. Each Party has a duty to warn its users of any identified hazard.
d. The Parties agree to reasonably respond in a timely manner to concerns expressed by neighbors or the community relating to a Party's use of the other's Shared Facility. e. A Party shall submit a written accident/incident report to the other Party within twenty-four (24) hours of any accident or incident that occurs on the other's Shared Facility.
12. Condition of Shared Facilities.
a. The Shared Facilities shall be provided to the Parties on an "AS IS" basis.
A Party shall not be required to make or construct any alterations including structural changes, additions, or improvements to the other's Shared Facility, unless specifically agreed upon in writing.
b. The Parties acknowledge that neither have made any representation or warranty as to the suitability of the Shared Facilities for the other's use. Any agreements, warranties, or representations not expressly contained herein shall in no way bind either Party, and the Parties expressly waive all claims for damages by reason of any statement, representation, warranty, promise or agreement, if any, not contained within the Agreement. c. The Parties make no representation or warranty, express or implied, concerning the location of present or future facilities surrounding the Shared Facilities.
13. Obligations of the City. The City hereby covenants and agrees to the following:
a. Custodial service necessary to keep the City Facilities in a neat, orderly, and sanitary condition shall be the City's sole responsibility. b. The City shall not permit any vehicle(s) to enter upon District Facilities, except as may be necessary for its use and with written approval by District. c. The City shall designate an employee with whom District may confer regarding the terms of this Agreement.
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7 d. The City shall enforce all District rules, regulations, and policies provided by District while using District Facilities.
e. At no cost to the District, the City shall permit the District to use City's specialized equipment including, but not limited to, scoreboards, TVNCR, overhead projectors, sound system, air conditioning, etc. Requests for specialized City equipment must be submitted on the approved standard form, attached hereto as Exhibit "C", fifteen (15) days prior to date such equipment is needed for use by the District.
14. Obligations of District. The District hereby covenants and agrees to the following:
a. Custodial services necessary to keep District Facilities in a neat, orderly, and sanitary condition shall be District's sole responsibility. b. The District shall not permit any vehicle(s) to enter upon City Facilities, except as may be necessary for its use and with written approval by City. c. The District shall designate an employee with whom the City may confer regarding the terms of this Agreement.
d. The District shall enforce all City rules, regulations, and policies provided by City while using City Facilities.
e. The District shall provide personnel necessary for the direction or supervision of activities sponsored by District at City Facilities. f. At no cost to the City, the District shall permit the City to use the District's specialized equipment including, but not limited to, scoreboards, TV/VCR, overhead projectors, sound system, air conditioning, etc. Requests for specialized District equipment must be submitted on the approved standard form, attached hereto as Exhibit "D", fifteen (15) days prior to date such equipment is needed for use by the City.
g. Pursuant to Education Code section 10913, District shall permit the City to jointly use District's school buses on the basis of a supplemental agreement, pursuant to which the City shall be responsible for costs, including fees, operators, and insurance.
15. Calendar Planning and Use Scheduling.
a. Civic Center Act Use of District Facilities. The City acknowledges that the District Facilities are subject to uses by certain organizations and citizens under the Civic Center Act (Ed. Code, § 38131 et seq.) and District Board Policy BP 1330(a) and Administrative Regulation 1.4(a). Civic Center Act users schedule their use by completing an online form to reserve a particular District Facility if that facility is not reserved for another. For this reason, the District cannot provide exclusive use of the District Facilities at all times listed in Exhibit "B".
Therefore, the City shall use the District's online form for scheduling its use of District Facilities not reserved during the calendar planning sessions, described below. b. Calendar Planning Session. The Parties shall develop a master schedule for the Parties' use of the Shared Facilities. The Parties shall schedule quarterly meetings, unless alternate meeting times are mutually agreed upon by the Parties. At these meetings, both Parties Rev. 05/21/26
8 shall review and evaluate the status and condition of the Shared Facilities and shall modify or confirm the upcoming schedule. A Party will provide minutes of these meetings to the other Party upon request. Any party can request a meeting at any time. c. Scheduling. Each Party shall have the responsibility for scheduling the use of its Shared Facilities. Scheduling requests for any Shared Facility shall be submitted on the applicable standard form (Exhibits "E" or "F").
d. Obligations in Connection with a Reserved Use. When a Party has scheduled a use of a Shared Facility:
(i) The other Party will not schedule use of the Shared Facility, unless the use is approved in advance, in writing, by the Party who first reserved the Shared Facility. The Shared Facility's owner is not required to patrol a Shared Facility or remove persons who may be using a Shared Facility during the hours reserved by a Party. (ii) Each Party will post on its website and periodically distribute notices to its Shared Facility users advising them of that Party's right to use the Shared Facility.
16. Maintenance of Shared Facilities. Unless unavoidable, the Parties are obligated to maintain their respective Shared Facilities in a good and safe condition for use by the other Party. Neither Party is obligated, and shall not maintain, the other Party's Shared Facilities.
Whenever a Party's maintenance of its Shared Facility may interfere with the other Party's use of a Shared Facility, the Party conducting the maintenance shall notify and coordinate with the other to reschedule any use that would be precluded by the maintenance. Each Party shall use their best efforts to scheduled maintenance of its Shared Facilities to avoid interfering with the other Party's scheduled use of a Shared Facility. Maintenance that interferes with a Party's use of the other's Shared Facility shall not entitle that Party to compensation for disruption of use.
17. Management, Repair, and Improvement of Shared Facilities. a. Exclusive Control Over a Shared Facility. Each Party retains the sole and exclusive right to make management decisions concerning all aspects of its Shared Facilities. This management right includes the right to establish, amend, implement, and enforce reasonable rules and regulations for the use of a Shared Facility. This management right includes the right to establish the timing and level of maintenance of a Shared Facility. b. Costs. Each party shall be responsible for paying all costs related to electrical, lighting, water, and other utility services for its respective Shared Facilities. c. Right to Restrict Access to a Shared Facility. Each Party retains the right to temporarily restrict access to a Shared Facility it owns to perform repairs or improvement activities. The Party performing such repairs or improvements agrees to use its best efforts to accommodate the other Party's schedule when scheduling work. The Party performing repairs or improvements shall use its best efforts to provide the other Party prior written notice at least thirty (30) days in advance of any scheduled temporary restriction on access. In case of an emergency, access may be restricted immediately. Whenever access is restricted, the Party restricting access shall provide the other Party with a written notice explaining the reason for restricting access and the estimated length of time the restriction will be in effect.
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9 d. Damage to a Shared Facility. If a Party determines that an activity is causing excessive damage to a Shared Facility, the other Party shall immediately discontinue such activity upon notification. Moreover, within thirty (30) days following a Party's delivery of an invoice to the other identifying the costs and expenses reasonably incurred in repairing the damage caused by the activity complained of, the other Party shall pay the invoice by delivery of immediately available funds. That Party shall not recommence or otherwise allow the recommencement of the activity complained of unless and until the Parties have developed a mutually acceptable plan concerning the conduct/activity-in question.
e. Capital Improvements to Shared Facilities. Should a Party desire to make any capital improvements, alterations, or additions to its Shared Facilities, the Party must give notice to the other Party of when such improvements, alteration, or additions will take place and to take reasonable steps to avoid its disrupting scheduled uses of the Shared Facilities. f. Removal of improvements from Shared Facilities. Should a Party desire to remove an improvement from its Shared Facilities, the Party must give notice to the other Party of when such removal will take place and to take reasonable steps to avoid its disrupting scheduled uses of the Shared Facilities.
g. Emergency Repairs. Neither Party has the right to make any repairs to the other's Shared Facilities.
h. Vandalism and other Damage. If a Shared Facility is vandalized or damaged in any way during the time a Party uses the other's Shared Facility, the cost of repair and restoration shall be borne by that Party exclusively, regardless of whether the perpetrators are known or not. If the Shared Facility is vandalized or damaged in any way at any other time or if the time of act causing the damage cannot be determined, the cost of repair and restoration shall be borne by the Shared Facility's owner exclusively, regardless of whether the perpetrators are known or not. This provision shall not limit the ability of either Party to participate in the prosecution of, and to pursue and obtain restitution from, the other Party or individual(s) responsible for the damage. •
18. Hazardous Materials.
a. Definition. As used herein, the term "Hazardous Materials" means any hazardous or toxic substance, material or waste that is or becomes regulated by any local governmental authority, the State of California or the United States Government. Hazardous Materials includes, without limitation, petroleum products, asbestos, PCBs, 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 11, Article 4, Sections 66261.30 et seq.; (ii) defined as a "hazardous waste" pursuant to Section (14) of the federal Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq.; or (iii) defined as a "hazardous substance" pursuant to Section 10 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq. As used herein, the term "Hazardous Materials Laws" 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 Materials.
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10 b. Hazardous Materials. Neither Party shall bring any Hazardous Materials onto the other's Shared Facilities.
c. Responsibility for Release. In the event that a Party causes any Hazardous Materials to be released, spilled, discharged, or otherwise exposed through its use and occupancy of the other Party's Shared Facilities, the Party shall be solely responsible for all costs associated with the proper handling, mitigation, remediation, and disposal of the Hazardous Materials and all related cleanup.
d. Hazardous Materials Notice. The Parties shall each give notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Shared Facilities, and (ii) any contamination of the Shard Facilities by Hazardous Materials which constitutes a violation of any Hazardous Materials Law.
e. Survival of Hazardous Materials Provisions. The obligations under this Section shall survive the expiration or earlier termination of this Agreement. The rights and obligations of the Parties with respect to issues relating to Hazardous Materials are exclusively established by this Section.
19. School Resource Officers.
a. Provision of SROs. At no cost to the District, the City shall provide three (3) School Resources Officers ("SROs") at the District's schools for the days and hours described below. The District shall fund one SRO (1) dedicated to elementary schools only. Requests for staffing outside of these hours such at school events, sporting events, dances, etc. shall be made by the District through the submission of an Outside Service Request Form, as described and depicted in Exhibit G" attached hereto. District will strive to provide ten (10) days' notice prior to date such staffing is needed by the District. On August 1 st of each year during the term of this
agreement, the District shall pay to the city One Hundred and Twenty thousand Dollars ($120,000) per year for provision of a 4th SRO and their incidentals, while the first three (3) SRO'S are provided by the city at no additional cost to the District. b. SRO Purpose. The City recognizes the primary role and assignment for the SROs is to provide services to the District as outlined in this Agreement. The City's Police Department will endeavor to ensure those officers assigned as SROs will not be routinely used to provide other law enforcement services not directly linked to the SRO program. However, both the Parties recognize and acknowledge the primary function of each officer assigned as an SRO is that of a Police Officer. As each SRO generally wears a police uniform and drives a marked police vehicle, they may often be flagged down and/or expected to take law enforcement action by the public. The City also recognizes in many instances when an SRO may not be available to respond to a request for a call for service from the District, a Police Officer normally assigned to patrol or not routinely assigned to function as an SRO may respond. The Police Department agrees to continue to ensure calls for service for the District will be handled by an officer not assigned as an SRO to maintain the peace, ensure the protection of life and/or property, or when delaying the call forservice for an SRO would otherwise be unacceptable or impractical based on the circumstances. c. Control of SROs. The SROs shall be employees of the City and shall be subject to the administration, supervision, and control of the City. The SROs shall be subject to Rev. 05/21/26
11 all personnel policies and practices of the Police Department, except as such policies or practices may be modified by the terms and conditions of this Agreement. The City's Police Department, in its sole discretion, shall have the power and authority to hire, discharge, and discipline SROs.
If a District principal is dissatisfied with an SRO who has been assigned to that principal's school, then that principal may request that, at the Chief of Police's discretion, assign a different officer as the SRO for that school.
d. Deployment. One SRO shall be assigned to each of the three primary high schools within the City of Manteca (Manteca High, East Union High & Sierra High). These SROs will provide assistance and support to the feeder schools of their assigned high school. One SRO shall also be assigned to all MUSD elementary schools.
e. Duty Hours. SRO duty hours shall be determined by the provisions of the labor agreement between the Police Department and the City. Whenever possible, it is the intent of the Parties that the SRO’s duty hours shall conform to the school day. The general operation of a school day consists of Monday through Friday, 7 a.m. to 5:00 p.m. and it is the understood and agreed that the time spent by SROs attending municipal court, juvenile court, and/or criminal cases arising from and/or out of their employment as an SRO shall be considered as hours worked under this Agreement.
f. Absence. In the event an SRO is absent from work, the SRO shall notify his or her supervisor in the City's Police Department and the principal of the school to which the SRO is assigned. In the event of an extended absence of one of the SRO's, the City will make every attempt based on staffing levels to backfill or replace the SRO as soon as possible. Extended absence will be defined as anything greater than ten (10) consecutive school days. g. Duties. The SROs duties will include, but not limited to, the following:
(i) To be an extension of the principal's office for assignments consistent with this Agreement.
(ii) To be a visible, active law enforcement figure on campus dealing with law enforcement matters and school code violations originating on the assigned campus or the nexus to and from school and school sponsored events. As to school code violations, the SRO will take the student to the principal's or designee's office for discipline to be meted out by school officials.
(iii) To act as the designee of the campus administrator in maintaining the physical plant of the assigned campus to provide a safe environment as to law enforcement matters and school code violations. This includes building(s), grounds, parking lot(s), lockers and other public-school property. As to school code violations, the SRO will take the student to the principal's or designee's office for discipline to be meted out by school officials. (iv) To provide a classroom resource for law education using approved materials.
(v) To be a resource for students which will enable them to be associated with a law enforcement figure and role model in the students' environment. (vi) To be a resource for teachers, parents and students for conferences on an individual basis dealing with individual problems or questions, particularly in the area of substance control.
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12 (vii) To make appearances before site councils, parent groups, and other groups associated with the campus and as a speaker on a variety of requested topics, particularly drug and alcohol abuse.
(viii) The SRO will be involved in school discipline, when it pertains to preventing a disruption that would, if ignored, place students, faculty and staff at risk of harm, the SRO will resolve the problem to preserve the school climate. As to school code violations, the SRO will take the student to the principal's or designee's office for discipline to be meted out by school officials.
(ix) IN ALL OTHER CASES, disciplining students is a School District responsibility, and the SRO will take students who violate the code of conduct to the principal where school discipline can be meted out. It will be the responsibility of the SRO to report all crimes originating on campus. Information on cases that are worked off-campus by the Police Department or other agencies involving students on a campus served by an SRO will be provided to the SRO, but the SRO will not normally be actively involved in off-campus investigation(s).
However, there may be situations where the SRO will investigate certain off-campus incidents reported to them that involve a student.
(x) The SRO will share information with the administrator about person and conditions that pertain to campus safety concerns.
(xi) The SRO will be familiar with helpful community agencies, such as mental health clinics, drug treatment centers, etc., that offer assistance to dependency-and delinquency-prone youths and their families. Referrals will be made when necessary. (xii) The SRO and the principal will develop plans and strategies to prevent and/or minimize dangerous situations which might result in student unrest. (xiii) The SRO will coordinate all of their activities with the principal and staff members concerned and will seek permission, guidance, and advice prior to enacting any programs within the school.
(xiv) The SRO may be asked to provide community wide crime prevention presentations that include, but are not limited to (A) Drugs and the law - adult and juvenile;
(B) Alcohol and the law - adult and juvenile;
(C) Sexual assault prevention;
(D) Safety programs - adult and juvenile;
(E) Assistance in other crime prevention programs as assigned (xv) The SROs will wear approved department uniform, formal business attire or business casual with appropriate logos and name badges depending on the time of school year, the type of school activity or program, and the requests of the school and/or police Rev. 05/21/26
13 department. The Chief of Police and the principal shall jointly set expectations and resolve any disputes in this area.
(xvi) The SROs will wear their department authorized duty weapons in accordance with department policy.
h. Chain of Command.
(i) As employees of the City's Police Department, SROs will be subject to the chain of command of the Police Department.
(ii) In the performance of their duties, SROs shall coordinate and communicate with the principal or the principals' designee of the school to which they are assigned.
1. Transporting Students & Student Information
(i) SROs shall not transport students in City's Police Department vehicles except:
(A) When the students are victims or witnesses of a crime, under arrest, truant or some other emergency circumstances exist; and (B) When students are suspended and/or sent home from school pursuant to school disciplinary actions, if the student's parent or guardian has refused or is unable to pick up the child within a reasonable time period and the student is disruptive/disorderly and their continued presence on campus is a threat to the safety and welfare of other student's school personnel.
(C) If some information in a student's record is needed in an emergency to protect the health or safety of the student or other individuals, school officials shall disclose to the SRO that information which is needed to respond to the emergency situation based on the seriousness of the threat to someone's health or safety; the need of the information to meet the emergency situation and the extent which time is of the essence. (ii) If confidential student record information is needed by an SRO, but no emergency situation exists, the information may be released only as allowed by law.
20. Notices.
a. The City Contact Person. The City shall provide (i) the name, address, phone number, email address, and business hours of an individual who will act as the contact person on behalf of the City for matters concerning this Agreement, and (ii) the name, address, phone number, and email address of an individual who will act as the contact person on behalf of the City and who will be available after hours and on weekends. Each contact person must have the authority to act and make decisions on behalf of the City related to use of each Shared Facility and related to any emergency matters. The initial City contact person is:
-----------------
[insert name, address and phone no.], email:
---------- business hours: . District acknowledges that some decisions regarding this Agreement must be made by the City Council at a duly called and noticed meeting.
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14 b. District Contact Person. District shall provide (i) the name, address, phone number, email address, and business hours of an individual who will act as the contact person on behalf of District for matters concerning this Agreement, and (ii) the name, address, phone number, and email address of an individual who will act as the contact person on behalf of District and who will be available after hours and on weekends. Each contact person must have the authority to act and make decisions on behalf of District related to use of each Shared Facility and related to any emergency matters. The information about the contact person shall be updated as necessary by written notice to the City. The City acknowledges that some decisions regarding this Agreement must be made by District's Board of Trustees at a duly called and noticed meeting.
21. Events of Default. Each of the following events shall be deemed a default by a Party of its obligations under this Agreement (each an "Event of Default"): (i) the Party fails, within the time required, to pay an undisputed or unexcused amount due to the other Party; or (ii) the Party fails to perform or observe any covenant, condition, or agreement to be performed or observed by such Party under this Agreement, and such failure materially and adversely affects the other Party's rights.
22. Notice of Default and Opportunity to Cure. If a Party is alleged to be responsible for an Event of Default ("Defaulting Party"), the other Party ("Non-Defaulting Party") may provide written notice thereof to the Defaulting Party, specifying in reasonable detail the nature and extent of the a1leged Event of Default ("Notice of Default"). If the Defaulting Party has not cured the Event of Default within twenty (20) calendar days after receipt of the Notice of Default in the case of a monetary default (i.e., failure to pay money or secure the payment of money), or within thirty (30) calendar days after receipt of the Notice of Default in the case of a non-monetary default, the Non-Defaulting Party, in its discretion, may initiate the dispute resolution process described in this Agreement. Giving a Notice of Default and allowing the period for cure of the Event of Default under this section shall be a condition precedent to the Non-Defaulting Party exercising any available remedy in response to the Event of Default. Nothing shall be construed to prohibit the Defaulting Party from disputing that an Event of Default has occurred. Neither giving any Notice of Default, nor the initiation by the Non-Defaulting Party of any dispute resolution, legal, or equitable action, or other proceeding in connection with an Event of Default, shall by itself operate to terminate this Agreement.
23. Insurance.
a. Liability Insurance. Each Party shall obtain and keep in place a policy or policies of general commercial liability insurance (or acceptable self-insurance) with respect to its use of each Shared Facility, written on an occurrence basis, that provides coverage for damage to property and injury to any person (including death) that arises from or incurs in connection with that Party's activities under this Agreement, including, without limitation, the presence on or use of any property owned by the other Party. This liability policy shall be deemed primary and provide coverage for any property damage, bodily injury, personal injury and/or death which occurs or is occasioned due in whole or in part to negligence by the Licensee in conjunction with Rev. 05/21/26
15 activity authorized by this Agreement. Each Party's liability policy shall name the other Party as an additional insured and shall include a cross-liability endorsement and waiver of the insurer's rights of subrogation against the other Party. The policy limits shall be at least in an amount no less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) in annual aggregate.
b. General Insurance Requirements. Each policy shall be issued by an insurer licensed to do business in the State of California and having an A.M. Best Company Rating of not less than an "A" and Financial Site Category of not less than "IX". Notwithstanding the foregoing, either Party may maintain the insurance coverage required under this Agreement through a jointpowers insurance cooperative in which the Party is a member. c. Proof of Insurance. Within fifteen (15) days after the Effective Date, the Parties shall furnish to each other a certificate of insurance for each policy of insurance required under this section (each a "Certificate of Insurance") stating that the required insurance coverage is in full force and effect and naming the other Party as an additional insured. Within sixty (60) days of the Effective Date, each Party shall provide to the other Party copies of all policies of insurance and endorsements required under this section, which the receiving Party may review for compliance with this section. A Party that determines the other Party's insurance does not satisfy the requirements of this section shall provide written notice of the deficiency to the other Party, which shall have thirty (30) days to cure the deficiency. No failure by a Party to review, fully review, or adequately review any policy received from the other Party, or to provide any notice of deficiency regarding any such policy, shall be deemed or construed to constitute acceptance or a waiver of any failure by the other Party to comply with the requirements of this section. d. Continuity of Coverage. Each Party, during the Term, must maintain in full force and effect, without any lapse in coverage, all policies of insurance that the Party must maintain under this section, whether through the original or any renewal or replacement policies.
The Party whose insurance policy is being cancelled, for any reason, shall also notify the other Party in writing within two business days after learning of such cancellation. e. Waiver and Release of Claims. Upon receipt by a Party of insurance proceeds attributable to any claim or liability for which the other Party is responsible, the receiving Party shall be deemed to have waived and released the other Party from such claim or liability, but only to the extent that such claim or liability is satisfied or paid by the net amount remaining after deducting the receiving Party's reasonable costs of obtaining such proceeds, including, without limitation, any deductibles or reserves expended by the receiving Party. f. Motor Vehicle Insurance. Each Party shall obtain and maintain under this section a policy or policies of liability insurance, written on an occurrence basis, providing coverage for all motor vehicles owned, leased, rented, or used by a Party in undertaking any activities under this Agreement ("Vehicle Policy"). Each Party's Vehicle Policy shall name the other Party as an additional insured and shall include a cross-liability endorsement and a standard waiver of the insurer's rights of subrogation against the other Party. Unless modified by the Insurance section of this Agreement, in no event shall a Party's Vehicle Policy provide coverage for damage to property and injury to any person (including death) in an amount no less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) annual aggregate.
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16 g. Workers' Compensation Insurance. Each Party shall obtain and maintain under this section a policy or policies of workers' compensation insurance in compliance with Section 3700 et seq. of the Labor Code and all other applicable requirements, including, without limitation, any laws as may be enacted or amended from time to time. Each Party's workers' compensation insurance policy shall include a standard waiver of the insurer's rights of subrogation against the other Party.
h. Minimum Requirements. The requirements for insurance coverage in this section are to be deemed and construed as the minimum requirements for the insurance to be maintained by a Party. Notwithstanding anything to the contrary, each Party may maintain such additional insurance coverage as such Party determines in its reasonable business judgment is required to adequately protect the interests of the Parties in connection with this Agreement.
24. Indemnification and Liability.
a. Reciprocal Indemnification. The City expressly agrees to indemnify, protect, defend, and hold District, its Board of Trustees, employees, agents, students, and/or any other District invitees free and harmless from all liability from whatever source for any and all injuries, damages, suits, actions, claims, liens, losses and/or demands arising from or as a result of the City's use of the District's Shared Facilities and/or exercise of its rights and obligations under this Agreement. This indemnity will not extend to claims to the extent arising from the negligence (in any form), recklessness, or willful misconduct of District, its Board of Trustees, employees, agents, students, or any other District invitees.
b. District expressly agrees to indemnify, defend, protect, and hold the City, its employees, agents, and volunteers free and harmless from all liability from whatever source for any and all injuries, damages, suits, actions, claims, liens, losses and/or demands arising from or as a result of District's use of the City's Shared Facilities and/or exercise of its rights and obligations under this Agreement. This indemnity does not extend to claims to the extent arising from negligence (in any form), recklessness, or willful misconduct of the City, its employees, agents, or volunteers.
These indemnity provisions shall extend to claims accruing after this Agreement is terminated (for activities/actions occurring during the Term) as well as while it is in force. c. Liability of the City. The City shall be solely responsible and liable for the welfare and control of all City employees, agents, and invitees at all times they are present on any of the District Facilities, or adjacent areas, because of, or in connection with, this Agreement or otherwise for purposes related to the City's activities under this Agreement. d. Liability of District. District shall be solely responsible and liable for the welfare and control of all District Board of Trustees, employees, agents, students, and/or any other District invitees at all times they are present on any of the City Facilities, or adjacent areas, because of, or in connection with, this Agreement or otherwise for purposes related to District's activities under this Agreement.
e. Joint Defense. The Parties may agree in writing to a joint defense of any claim, action, or proceeding arising out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties may appoint agreed-upon legal counsel to defend such Rev. 05/21/26
17 as
claim, action or proceeding. The Parties may equally bear the cost of any such joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation of, the claim, action or proceeding. The Parties may equally share in any amount awarded to or received by the Parties in settlement of or as result of a court judgment, arbitration or mediation of, the claim, action or proceeding. Neither Party may bind the other Party to any settlement of a claim, action, or proceeding without the express written consent of the other Party.
f. Comparative Fault. In the event any settlement, court judgment, or arbitration, or mediation award allocates or determines the comparative fault of the Parties, either Party shall be entitled to reimbursement from the other Party, with respect to defense costs, settlement payments, judgments and awards, consistent with such comparative fault to the extent such settlement, judgment, award, payment or costs are not paid or reimbursed through insurance coverage that a Party is required to maintain pursuant to this Agreement. g. Insurance Not a Limitation on Liability. A Party's liability or responsibility under this Agreement shall not be limited by insurance coverage maintained by either Party. h. Survival of Terms. With respect to any acts, omissions, and/or incidents occurring prior to termination of this Agreement, the requirement that a Party indemnify, defend, and/or hold the other Party harmless, or pay any amounts owing under this Agreement, shall survive.
25. Conflicts/Dispute Resolution.
a. Communication to Prevent Problems from Becoming Disputes. In recognition of the need to resolve problems quickly, each Party shall use its best efforts to respond to all communications (whether written, or oral, by mail or electronic) within the response time indicated in the communication, but in no event later than twenty (20) days following dispatch of the communication by the other Party. The Parties shall work cooperatively and in good faith to promptly resolve the issues/conflicts identified in the communication, which resolution shall be accomplished in the shortest time reasonably possible, but in no event later than forty-five (45) days following the issuance of the original communication. b. Breach of the Agreement. Failure to comply with the terms of this Agreement is a breach. The following are examples of breaches of this Agreement:
(i) Use of a Shared Facility for a purpose or at a time not authorized by this Agreement.
(ii) Failure to discontinue, or recommencement of, an objectionable activity in violation of the provisions of this Agreement. (iii) Failing to pay any expenses as required by this Agreement. (iv) Failing to make a Shared Facility available on the dates and at the times required by this Agreement.
(v) Failure by a Party to fulfill any nonmonetary obligation where such failure continues beyond any applicable notice-and-cure period.
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18 c. Mediation Prior to Litigation. Before initiating any litigation to enforce this Agreement, the Parties will first make a reasonable attempt to mediate the dispute through nonbinding mediation.
d. Attorney's Fees. Should it be necessary to file an action at law or in equity to interpret and/or enforce the provisions of this Agreement, each Party shall bear their own attorney's fees and costs.
26. Miscellaneous.
a. No Assignment Without Consent. Neither Party may assign any rights, duties, obligations, or privileges under this Agreement without the express written consent of both Parties.
b. Waiver of Rights and Obligations. No waiver of any right or obligation under this Agreement is effective unless executed in writing by the Party relinquishing the right or excusing the obligation. Any such waiver shall be limited to the specific right or obligation set out in the written waiver and shall not be a waiver of any other right or obligation under this Agreement.
c. Non-Discrimination. No Party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the basis of sex, race, color, religion, national origin, ancestry, age, sexual orientation, or physical and mental disability. d. Entire Agreement. All Exhibits attached hereto are incorporated in this Agreement by this reference. The written expression of this Agreement, including the recitals and the Exhibits, contains the entire understanding of the Parties with respect to this Agreement. No other statements, promises, or understandings of any kind not contained in this Agreement were made to or by either Party.
e. Interpretation. In interpreting this Agreement, it shall be deemed to have been prepared by the Parties jointly and no ambiguity shall be resolved against either Party on the premise that it or its attorneys were responsible for drafting this Agreement or any of its provisions. f. California Law. This Agreement shall be governed by and the rights, duties, and obligations of the Parties and shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the county in which District's administrative offices are located.
g. Waiver. Failure by a Party to enforce any term, condition, restriction, or provision of this Agreement, in any certain instance or on any particular occasion, shall not be deemed a waiver of such enforcement right, with respect to that or any future breach of the same or any other term, condition, restriction or provision. h. 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. i. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.
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19 j. 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. k. Severability. If any provision of this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by a court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions shall not be affected, provided that the economic and legal substance of the transactions contemplated herein are not affected in any manner materially adverse to any Party. In the event of any such determination, holding, or finding, the Parties agree to negotiate in good faith to modify this Agreement to fulfill as closely as possible the original intent and purposes hereof. To the extent permitted by law, the Parties hereby, to the same extent, waive any provisions of law that render any provision of this Agreement prohibited or unenforceable in any respect.
1. Modification. All modifications to this Agreement must be in writing and signed by the Parties.
m. Representation of Authority. Each Party warrants and represents that all of the actions, steps and/or resolutions necessary to empower the signer to make and enter into this Agreement on behalf of each of the Parties has been fully and faithfully taken so as to authorize and bind each of the respective Parties to this Agreement. n. No Third-Party Beneficiaries. The only parties to this Agreement are the City and District. This Agreement does not involve any third-party beneficiaries, and it is not intended and will not be construed to benefit or be enforceable by any other person or entity. o. No Joint Venture. Neither Party is authorized to assume or create any obligation on behalf of, in the name of, or binding upon the other Party, nor shall this Agreement in any way create, give rise to, or be deemed a joint venture or partnership between the Parties. p. Independent Contractor Status. This Agreement is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, or association.
q. Incorporation of Recitals and Exhibits. The Recitals and each Exhibit attached hereto are hereby incorporated herein by reference. r.
obligations herein.
Time Is of the Essence. Time is of the essence with respect to the Parties' s. Further Actions. Each Party hereto shall execute, acknowledge, and deliver such additional documents, and take such further action(s), as may be reasonably required from time to time to carry out each of the provisions, and the intent, of this Agreement. t. Force Majeure. In addition to specific provisions of this Agreement, performance by a Party hereunder shall not 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; Rev. 05/21/26
casualties; acts of God; limitation of supplies; epidemics; quarantine restrictions; freight embargoes; lack of transportation; litigation; unusually severe weather; or any other causes beyond the control of or without the fault of the Party claiming an extension of time to perform.
Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the forced 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 thirty (30) days of the commencement of the cause.
IN WITNESS OF THE FOREGOING, the undersigned execute this Agreement on behalf of the Parties.
CITY OF MANTECA
By:
Name:
Title:
By:
Name:
Title:
MANTECA UNIFIED SCHOOL DISTRICT
By:
Name:
Title:
By:
Name:
Title:
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EXHIBIT "A"
CITY FACILITIES
1. Northgate Softball Complex ( excluding field chalking)
2. Lincoln/Morenzone Ballfields ( excluding field chalking)
3. Soccer Fields
4. Woodward Park
5. Northgate Park
6. Roberts Estates Park
7. Union West Park
8. Picnic Shelters
9. Library Park Gazebo
10. All City Park Locations
11. Senior Center
12. Lincoln Pool
13. Manteca Transit Center
14. Manteca Golf Course ( excluding balls and carts)
a. The Athletic Director must submit the team's match and practice schedule during the designated submission window for the season. While late submissions wi11 be accepted, priority scheduling will be granted to teams that submit their schedules on time.
Golf Course Rules and Conduct
All players and coaches are expected to adhere to the golf course's rules and regulations.
This includes, but is not limited to:
a. Wearing proper go]f attire
b. Always Exhibit respectful and sportsmanlike
behavior.
Seasonal Access and Tournament Use
Each team will be allotted access for scheduled league matches, regular practices, and up to two non-league matches per season.
In addition, MUSD shall be permitted to host one (1) VOL Tournament and one (1) WAC Tournament per season only in years when Lathrop High School is designated as the official host site, as determined by the respective league's rotational hosting schedule.
Additional tournaments may be requested, subject to facility availability and approval, and shall be scheduled at the sole expense ofMUSD.
Note: Course access on Fridays will be restricted unless prior written approval is granted by the course operator.
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EXHIBIT "B"
DISTRICT FACILITIES & USAGE TIMES
Exhibit B negates City and School District Joint Use Agreements. The city can permit a minimum of 20 hours weekly in each community gymnasium.
1. Manteca Community Gymnasium at Golden West School
2. Stella Brockman Community Gymnasium
3. Neil Hafley Community Gymnasium
4. Shasta Community Gymnasium
Usage:
1. Priority usage of Sierra High School and Manteca High School. a. Sierra High School: June-July Monday-Thursday 7:00am-1:00pm and 4:00pm-9:00pm b. Manteca High School: June-July Monday-Thursday 7:00am-1:00pm and 4:00pm-9:00pm as well as pool access Monday-Friday 4:30pm-9:00pm immediately following the school swim session.
2. Priority usage of Lincoln and Morenzone ballfields Monday-Saturday June-August (first week) a. Monday-Friday 5:00pm-9:00pm; Saturday 7:00am-5:00pm.
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EXHIBIT "C"
STANDARD DISTRICT FORM
DISTRICT FACILITIES FORM IS NOW ONLY OFFERED ONLINE
https://musd.civicpermits.com
Rev. 05/21/26