BUILDING AND FACILITY USE AGREEMENT BETWEEN
THE CITY OF RIALTO AND
THE RIALTO UNIFIED SCHOOL DISTRICT
THIS BUILDING AND FACILITY USE AGREEMENT ("Agreement") is entered into as of _______________, 2023, by and between the City of Rialto, a municipal corporation (the “City"), and the Rialto Unified School District, a regularly organized and existing school district under the laws of the State of California (the “School District").
RECITALS
A. The School District owns certain buildings and facilities which are used for various reasons related to the conduct of School District business.
B. The City owns certain buildings and facilities which are used for various reasons related to the conduct of City business.
C. The City and the School District desire to make mutual and better use of one another’s buildings and facilities and to minimize the paperwork and transfer of funds associated with buildings/facility rental.
D. The City and the School District recognize that, by entering into this Agreement, each incurs costs associated with the use of one another's facilities. Each agency also recognizes that on the whole and in consideration of the benefit to the community at large and youth in particular, the City and the School District ultimately and equally bear the financial liabilities incurred by virtue of this Agreement.
E. Education is a crucial aspect of civic life. A program that benefits the schools benefits the community. It is, therefore, in the public interest that the City and the School District enter into this Agreement in order to provide for the mutual use, exempt from the Fair Rental Value of one another's buildings and facilities.
F. Unless otherwise stated in this Agreement, waiver of costs shall be per School District Board Policy 1330 (attached hereto as Exhibit B) (page 2: #1): "The direct cost fee may be waived for summer and after-school recreation programs under the direction of the Rialto City Parks and Recreation Department (rename - Community Services), provided the City furnishes all the necessary supplies, equipment, supervision, and adequately cleans and secures premises upon completion of daily activity."
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein, by reference and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the School District further agree as follows:
Section 1. Initial Agreements School District's Warranties. As an inducement to the City to enter into this Agreement, the School District represents, warrants and covenants as follows: The direct cost fee traditionally charged by the School District may be waived for summer and after - school recreation programs under the direction of the City of Rialto, Community Services Department, provided the City furnishes all the necessary supplies, equipment, supervision, and adequately cleans and secures premises upon completion of daily activity (Board Policy 1330 attached).
Mutual Agreement. Set up, take down and post-use cleaning of any building or facility owned by either entity, will be determined for each use via the standard application process used by the owner of the facility.
Section 2. Admission Fees. The City shall comply with the provisions of Education Code section 38134(e) and transfer net receipts it receives (over and above any City costs), if any, to the School District from any and all admission fees collected for any City event held at any School District- owned building or facility pursuant to this Agreement. The School District shall transfer to the City any and all net receipts (over and above any School District costs) collected for any School District event held at any City -owned building or facility pursuant to this agreement. "Admission fee" includes a charge to any person or entity for admission to, or participation in, any City or School District event held, pursuant to this Agreement, at any building or facility owned or leased by the other party.
Section 3. The Buildings, Facilities and Sports Fields. City shall have first scheduling priority for City activities to be held in City buildings and facilities, and School District shall have first scheduling priority for School District activities to be held in School District buildings and facilities. Use of City buildings and facilities by the School District and use of School District buildings and facilities by City shall have second scheduling priority, customers paying to rent either City or School District facilities shall have third scheduling priority. To reserve and schedule the use of a given facility, the parties shall use the standard application process utilized by the owner of the facility in question.
a. Except as provided herein, the City and School District shall waive all application, processing, and use fee associated with the use of a given facility by the other party. In the event use of a given facility requires the facility owner’s staff to assist with or be present during the use of the facility, the using party sha ll reimburse for the cost of staff time, at the fully burdened rate.
b. The City use of RUSD restrooms will be at direct cost. c. The City is permitted the use of RUSD artificial turf fields for City sponsored events at direct cost (City/School District to summarize costs); no Third-Party events will be allowed, except at the discretion of RUSD.
d. The City's use of RUSD theatres will require a School District approved Audio Visual Technician to be present during use. The City shall reimburse the School district for the actual cost of the Audio Visual Technician.
e. The City's use of RUSD's Culinary Classroom will require a School District-assigned Kitchen Worker to be present during use. The City shall reimburse the School district for the actual cost of the Kitchen Worker.
f. The districts use of City Parks will be permitted at no cost with the exception of clean up.
If city staff is required to assist in school districts event clean up RUSD will be billed at the fully burdened rate of maintenance staff used for cleanup. g. Both organizations agree to allow for b anners to be hung on their properties advertising for the communities benefit i.e. special events and programs for the city and the lunch program for the school district?
Buildings and facilities shall be scheduled through the appropriate contact person listed on "Exhibit A.”
Section 4. Maintenance and Good Repair. The City herby covenants to maintain in good repair City buildings, facilities and equipment that may be used by the School District. The School District herby covenants to maintain in good repair School District buildings, facilities and equipment that may be used by the City.
Section 5. Insurance, Indemnification and Risk of Loss.
A. The School District and the City shall bear the risk of loss for their own buildings and facilities, whether or not such buildings or facilities are damaged or destroyed by fire, theft, flood, collision, other casualties, or the acts of third parties wh ile the School District or the City is using the other party’s buildings or facilities; provided, however, that the parties hereto shall indemnify each other as set forth in subsections ( C ) and ( D ) of this section for all loss and damages to buildings or facilities, and personal injury which may occur in said buildings and facilities, resulting from negligence or willful misconduct of the City or School District while using the other party’s building or facilities.
B. During the term of this Agreement , the School District and the City shall maintain, at their own expense, the following types of insurance:
(i) Workers’ compensation insurance covering all employees as required by California State Law;
(ii) Commercial general liability insurance covering their party liability risks in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury, and personal injury, and property damage; and both the School District and the City shall name each other as an additional insured on their policy.
(iii) Commercial auto liability insurance covering combined single limit per occurrence for bodily injury, personal injury and property damage.
Provided, however, that a comparable self-insurance program satisfactory to both the School District and the City shall also constitute compliance with this Section 5.B.
C. The City shall indemnify, defend and hold the School District and its elected and appointed officials, employees and agents f ree and harmless from any and all actions, claims, liabilities or damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the City’s or its elected officials’, officers’, employees’, or agent’s use or maintenance of the buildings and facilities covered under this Agreement, excepting such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of the School District or its elected or appointed officials, officers, employees or agents.
D. The School District shall indemnify, defend and hold the City and its elected and appointed officials, employees and agents free and harmless from any and all actions, claims, liabilities or damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the School District or its elected officials’, officers’, employees’, or agent’s use or maintenance of the buildings and facilities covered under this Agreement, excepting such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of the City or its elected or appointed officials, officers, employees or agents.
Section 6. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental action, civil commotion, fire, to oth er casualty, or other occurrences beyond the reasonable control of the party obligated to perform any term, covenant or condition of this Agreement, shall excuse the performance by such party, for a period equal to any such prevention, delay or stoppage, p rovided that the obligated party could not have voided such delay through the exercise of due diligence, and provided further that the obligated party notified the other party within a reasonable time after the obligated party becomes aware that such occur rence will or is likely to result in such prevention, delay or stoppage.
Section 7. Termination of Agreement. Either party may terminate the Agreement upon thirty (30) days advance written notice to the other party. Should termination of this Agreement occur, the parties agree to make every effort to accommodate events which have been previously schedule under the terms of this Agreement.
Section 8. Miscellaneous.
A. Notice. Any notice which is required to be given by any provision of this Agreement may be given by hand delivery, by any overnight co urier service providing dated evidence of delivery, or by U.S. Certified Mail return receipt requested. Each notice shall be addressed as follows:
If to the City:
If to the School
District:
Cynthia Alvarado
Director of Parks, recreation & Community Services
City of Rialto
150 S Palm Ave. Rialto, CA 92376
Diane Romo
Lead Business Services Agent
Rialto Unified School District
182 E. Walnut Ave. Rialto, CA 92376
B. Entire Agreement. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements between the parties with respect to the matters contained in this Agreement.
C. Compliance with the Laws and Regulations . The Parties agreement that in the performance of this Agreement and use of any School District or City facility, the Parties shall comply with all applicable laws, regulations, and policies in effect at the time of use.
D. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the Parties when at least a copy hereof shall have been signed by both Parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
E. Not an Agent. Nothing contained in this Agreement shall be deemed, construed or represented by the City or School District or by any third person to create the relationship of principal and agent.
F. Modification of Agreement. This Agreement may be modified or amended only by a written instrument signed by all Parties.
G. Assignment. Assignments of any or all rights, duties or obligat ions under this Agreement will be permitted only with the written consent of the other party.
H. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of comp etent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
I. No Third -Party Beneficiaries. The Parties do not intend the benefits of this Agreement to inure to any third party.
J. Representations of Parties and Persons Executing Agreement. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
K. Term: This Agreement is for three (3) years from the effective date with an option for two, one-year extensions.
IN WITNESS WHEREOF, the parties have caused their duly authorized representative to execute this Agreement as of the date first written above.
“SCHOOL DISTRICT”
Rialto Unified School District
Diane Romo, Lead Business Services Agent
“CITY”
City of Rialto
Arron Brown, Acting City Manager
ATTEST:
Barbara McGee, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
EXHIBIT "A"
CITY OF RIALTO OWNED BUILDINGS AND FACILITIES AVAILABLE FOR
RIALTO SCHOOL DISTRICT USE
• Carl Johnson Community Center Classrooms and Gymnasium • Senior Center Meeting Rooms
• Tom Sawyer Pool
• Sports Fields
• Parks and Picnic shelters
• Restrooms
• Theater
• Portable Classroom No. F-1 at Boyd Elementary School ???? • Fire Station No. 201 Conference Room
City Contact:
Cynthia Alvarado,
Director of Parks, Recreation & Community Services
214 N. Palm Avenue Rialto, CA 92376
RIALTO SCHOOL DISTRICT OWNED BUILDINGS AND FACILITIES AVAILABLE
FOR THE CITY OF RIALTO USE
• Sports Fields: Includes stadium with artificial turf and Includes track and field stadium use • Classrooms (except special use classrooms, i.e. science labs, workshops, engineering/design workshop and classrooms)
• Gymnasiums
• Outdoor Courts
• Theaters (requires District AV tech support for Performances) • Multi-Purpose Rooms
• Restrooms
• Culinary Classroom-located at 324 N. Palm Ave. (requires District Kitchen Worker assigned) • Portable Classroom D.C. Building at Hughbanks Elementary School ?????
District Contact:
Angie Lopez
Agent (Director) Facilities Planning Services
625 W. Rialto Avenue Rialto, CA 92376
Exhibit B
BOARD POLICY 1330
Rialto USD Board Policy BP 1330
(SEE CURRENT BP ATTACHED)