Att B - WCCUSD - JUA City of San Pablo - Multiple Sites CLEAN DRAFT wExh 071223

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 1

FACILITIES JOINT USE AGREEMENT

BETWEEN

WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
AND

CITY OF SAN PABLO

(MULTIPLE SCHOOL SITES AND CITY SITES)

THIS FACILITIES JOINT USE AGREEMENT (“Agreement”), effective the 1 st day of July , 2023 (“Effective Date”), is by and between WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, a California public school district (“District”), and the CITY OF SAN PABLO, a municipal corporation of the State of California (“City”).

District and City may be individually referred to herein as “Party” or collectively referred to herein as the “Parties.”

RECITALS

A. WHEREAS, District is the owner of the eight school sites described in Exhibit “A” (collectively “School Sites”); and

B. WHEREAS, the provisions of Education Code s ections 17527 through 17535, inclusive (the “ Joint Use Provisions”), authorize the District to allow use of its educational facilities so long as the proposed joint use does not interfere with the educational programs or activities of any school or class conducted upon a school site , does not unduly disrupt residents in the surrounding neighborhoods, and does not jeopardize the safety of the children of the school; and

C. WHEREAS, the City has a need to use certain indoor and outdoor facilities located on the School Sites as identified in Exhibit “A” (“District Premises”) for general recreation and sports programs to benefit District students and City residents; and

D. WHEREAS, City’s use of the School Sites as described herein complies with the Joint Use Provisions and will not interfere with the District’s use and/or jeopardize the safety of District’s students; and

E. WHEREAS, City use of the School Sites as described herein will provide a benefit to the students who attend the school and to City’s residents, and will not unduly disrupt residents in the surrounding neighborhoods .

F. WHEREAS, the City is the owner of the City facilities described in Exhibit “B” (“City Premises”); and

G. WHEREAS, the District has a need to use the City Premises from time-to-time to provide adult and/or youth enrichment programs and such use benefits City residents, District students and others in the broader community.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this agreement, the Parties agree as follows:

1. TERM OF AGREEMENT . The “Term” of this Agreement shall commence on the Effective Date , and shall remain in effect until August 31, 2027, unless terminated earlier pursuant to the termination provisions set forth in this Agreement.

2. JOINT USE OF DISTRICT PREMISES.

2.1. District’s Use.

2.1.1. District’s use of the District’s Premises for any purpose (“District’s Use of District Premises”) shall take precedence and priority over the City’s use of the District’s Premises.

2.1.2. District’s Use of District’s Premises includes the following uses, without limitation:

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 2

2.1.2.1. Use during any time during the school day when school is in session, including when Summer School is being conducted on a school site . For purposes of this Agreement only, the school day is from 7:00 AM – 4:00 PM; and

2.1.2.2. Use during any time that has been scheduled in advance by any School Site principal or other school officers for classes, activities, exercises, or functions; and

2.1.2.3. Use by a third party that was approved by District pursuant to the Civic Center Act before the District received the City’s request for use of the same, subject to t he preference and priority provisions of Section 7.1.1.

2.2. City’s Use of District Premises.

2.2.1. City may use District Premises when approved by the District pursuant to this Agreement.

District shall endeavor to approve requests for City use of District Premises when that use does not conflict with the District’s Use. City’s right of use of District Premises shall be non - exclusive.

2.2.2. City’s use of District Premises shall be pursuant to the District’s existing rules and regulations pertaining to the use of the District Premises (“District Use Rules”), as may be amended from time to time. A copy of the District Use Rules is attached hereto as Exhibit “C.” The District shall promptly provide the City with a copy of any amendments to the District Use Rules.

2.2.3. City shall provide appropriate supervision of any activities conducted on the District Premises that are part of the City’s use of District Premises under this Agreement.

2.2.4. City shall take reasonable measures to avoid damage to the District Premises resulting from the City’s use under this Agreement and to ensure that the City’s employees, participants, guests and invitees who use the District Premises do so in a safe manner and observe all traffic flow requirements established for the District Premises as posted at the School Sites, including identified entrances and driveways, leaving the same clear at all times for the safe and unimpeded flow of vehicle traffic to and through the School Site.

2.2.5. Accident/Incident Report . City shall submit a written accident / incident report to District within twenty-four (24) hours of the City learning about any accident or incident resulting in damage to the District Premises or injury to individuals that occurs on the District Premises during City’s use under this Agreement . Accident / incident reports shall be submitted to the District’s principal at the School Site and to the District Office of Risk Management.

2.2.6. Concussion or Head Injury during City Athletic Activity . City acknowledge s and shall comply, and require any person, group, or entity using the District Premises, pursuant to City’s authority hereunder this Agreement, to comply, with Education Code section 49475, as amended, which requires (1) the removal of any athletic partic ipant suspected of sustaining a concussion or head injury in an athletic activity in connection with City’s use of the District Premises from the athletic activity for the remainder of the day and (2) that the participant not be permitted to return to the athletic activity until the participant receives written clearance from a licensed health care provider to return to the athletic activity.

2.2.6.1. Limitations on Full -Contact Football Practices . City acknowledges and shall comply, and require any person, group, or entity using the District Premises, pursuant to City’s authority hereunder, to comply, with the requirements of Education Code section 35179.5 which limits the amount, timing, and duration of full-contact football practices conducted by any high school or middle school football team.

2.2.7. Use of District Staff. City acknowledges and agrees that any and all District staff on-site during a regular work day in which City uses the District Premises have regular duties that must be seen to and are neither present nor available for the express purpose of serving whatever program is being conducted during City’s use under this Agreement, unless otherwise so agreed and arranged to by the Parties in writing.

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 3

2.2.8. Rules of Conduct . City and its employees, participants, guests and invitees who use the District Premises under this Agreement shall follow the following rules of conduct:

2.2.8.1. No Unnecessary Student Contact . City shall instruct its employees and any volunteers in writing t hat employees and volunteers shall not engage in unnecessary verbal or physical contact with students who are on the District Premises and not a participant in a City’s program . At its sole discretion, District may require City to immediately remove any employee or volunteer from the District Premises or School Site if any unnecessary student contact is observed or reported.

2.2.8.2. No Disturbances. City, its employees, participants, guests and invitees who use the District Premises, shall refrain from disorderly conduct or conduct that creates loud and unusual noises or unpleasant odors in connection with the City’s use of the District Premises under this Agreement.

2.2.8.3. No Gambling. City, its employees, members, guests and invitees who use the District Premises shall refrain from conducting or participating in games for money or other personal property, the operation of gambling devices, the conduct of a lottery or pool, or the selling or purchasing of lottery tickets at, on, or in the District Premises or School Si te in connection with the City’s use of the District Premises under this Agreement.

2.2.8.4. Drug-Free Environment . City shall not knowingly permit any person under the influence of any non -prescribed drug that has been defined by the state or federal government as a “controlled substance” to enter upon the District Premises or School Site in connection with the City’s use of the District Premises under this Agreement .

The possession, sale, or use of any “controlled substance” (except when permitted by law) on the District Premises or School Site is prohibited.

2.2.8.5. No Weapons and Explosives . City, its employees, participants, guests and invitees who use the District Premises shall refrain from carrying firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, and from storing any such weapons or explosives on or within the District Premises or School Site in connection with the City’s use under this Agreement, except for permitted official purposes.

2.2.8.6. No Tobacco or Nicotine Products. In accordance with the District's general policy, the use of tobacco or nicotine products shall not be permitted on the District Premises or School Site at any time. City shall comply with the District -wide policies prohibiting the use of products conta ining tobacco or nicotine, including but not limited to smokeless tobacco, snuff, chew, and clove cigarettes, on the District Premises at all times in connection with the City’s use under this Agreement . The District’s prohibition against the use of produ cts containing tobacco or nicotine also applies to electronic nicotine delivery systems such as electronic cigarettes, electronic hookahs, and other vapor emitting devices, with or without nicotine content, that mimic use the use of tobacco products, but d oes not apply to the use or possession of prescription products or other FDA-approved cessations aids.

3. DISTRICT’S USE OF CITY PREMISES.

3.1 District’s Use of City Premises.

3.1.1 City’s use of City Premises for any purpose shall take precedence and priority over the District’s use of City Premises. District may request to use City Premises when the requested use does not conflict with the City’s use or another third party’s previously scheduled use.

District’s right of use of City Premises shall be non-exclusive, except when noted.

3.1.2 District’s use of City Premises shall be pursuant to the City’s existing rules and regulations pertaining to the use of the particular City Premises as may be amended from time-to-time.

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 4 A copy of the City’s current Facility Use Rules is attached hereto as Exhibit “D.” The City shall promptly provide the District with a copy of any amendments to the City’s Facility Use Rules.

3.1.3 District shall provide appropriate supervision of any activities conducted on City Premises that are part of the District’s use of those premises under this Agreement.

3.1.4 District shall take reasonable measures to avoid damage to City Premises resulting from the District’s use under this Agreement and to ensure the District’s employees, participants, guests and invitees who use City Premises do so in a safe manner and obser ve the City’s Facility Use Rules as set forth in Exhibit “D” as they may be amended from time-to-time.

3.1.5 Accident/Incident Report. District shall submit a written accident / incident report to City within twenty-four (24) hours of the District learning about any accident or incident resulting in damage to City facilities or injury to individuals that occurs during District’s use of City Premises under this Agreement. Accident / incident reports shall be submitted to the City’s Facilities Coordinator and Community Services Manager.

3.1.6 Use of City Staff . District acknowledges and agrees that the District’s use of City Premises requires at least two City staff on-site at all times. If District’s use of City Premises is during a work day when City staff are scheduled or when the City is using City Premises at the same time, there will be no charge for City staff. If the District’s use of City’s Premises is exclusive, then the District acknowledges and agrees to pay direct staffing costs of $40 per hour total for two (2) staff members for the duration of its use, including set up and break down time . This hourly rate is subject to change and City agrees to notify District in writing of any fees changes when the District requests a reservation for use of City Premises.

4. USE FEES. In recognition of the mutual benefits the District and its students, the City and its residents, and the broader c ommunity receive from the City’s use of the District Premises and the District’s use of the City’s Premises under this Agreement , the City shall have use of the District Premises for no charge and, subject to paragraph 3.2.6, the District shall have use of the City Premises for no charge. However, in the event either Party’s use under this Agreement requires the Party whose Premises is being used to assign staff to either open or lock facilities, or clean and/or repair facilities above and beyond providing the normal level of maintenance that Party provides to comparable facilities as set forth in Section 3 , the Party using the other Party’s Premises under this Agreement shall pay the other Party for the direct costs of these services (“Use Fee”). The direct costs shall consist of the share of the costs of supplies, janitorial services, the hourly wage rate for the services of employees, maintenance, repair, restoration, and refurbishment for the Premises that is proportional to the use thereof, as determined pursuant to the provisions of the Civic Center Act (Education Code § 38130 et seq.) . The Party who incurred these costs shall invoice the other Party within thirty (30) calendar days of incurring these costs, and Party receiving such an invoice shall pay the invoicing Party for amounts due within thirty (30) calendar days of receipt.

5. CLOSURE OF PREMISES. The Parties recognize that the District Premises and City Premises may need to be closed from time to time in the interest of public safety or for repairs and maintenance. Each Party shall promptly notify the other Party of any conditions necessitating a closure of its Premises, or any portion thereof.

Such notice shall be provided promptly, with at least two weeks advance notice where feasible.

6. PARKING.

6.1. City shall have non-exclusive use of the parking lot located on the School Site, if any. City shall abide by District’s policies concerning the use of any District parking lot, including the District policy relating to the drop-off and pick-up of students, as posted at each School Site. City’s use of District parking lots under this Agreement shall be on a first-come, first-serve basis but shall not unreasonably impa ct other occupants with similar access rights. City may instruct its visitors, invitees and guests to park in the parking lot located on the School Site or on available street parking. City shall not abandon any inoperative vehicles or equipment on any portion of the School Site.

6.2. District shall have non -exclusive use of the City’s parking lot located at the City facilities when the District is using City Premises. District shall abide by City’s policies and signage concerning parking,

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 5 including not parking in spaces reserved for elected City officials or City staff. District’s use of the City parking lot under this Agreement shall be on a first -come, first-serve basis but shall not unreasonably impact other occupants with similar access rights. District may instruct its visitors, invitees and guests to park in the parking lot located on the City Premise or on available street parking. District shall not abandon any inoperative vehicles or equipment on any portion of the City Premise.

7. SCHEDULES OF USE.

7.1 District and City shall coordinate a schedule for the City’s uses of the District Premises as follows:

7.1.1 Priority of Uses . Consistent with the terms of this Agreement, District’s Use shall take precedence and priority over the City’s use of the Distric t Premises. When requested by the City by the timeframes set forth in this Section 7.1. 2 and/or 7.1.3, the City’s request for use of District Premises shall take precedence and priority over all third party requests for use of District Premises.

7.1.2 For Outdoor Playfields (except during the school day on days school is in session during academic year), and Indoor Spaces (on days school is not in session during the academic year and anytime outside of the academic school year):

7.1.2.1 This Section 7.1. 2.1 establishes the agreed procedure and timing for coordination of the City’s use of the following District Premises at the specified times:

7.1.2.1.1 Outdoor Playfields during after school times on days when school is in session during the academic year, any day school is not in session during the academic school year, and any time outside of the academic school year; and

7.1.2.1.2 Indoor Gymnasiums and Multipurpose Rooms any day school is not in session during the academic school year and anytime outside of the academic school year.

7.1.2.2 The City previously provided in writing to the District its proposed uses of the District Premises described in Section 7.1.2.1 for the twelve-month period from September 1, 2023 through August 31, 2024 for uses not previously approved by the District for District approval . District and City shall work together to attempt to coordinate a schedule for their respective uses of the requested District Premises for the September 1, 2023 through August 31, 2024 timefra me, and the District shall notify the City in writing no later than July 28, 2023 whether the uses of District Premises requested under this Section 7.1.2.2 have been approved.

7.1.2.3 By August 1, 2023, City shall submit its proposed use (s) of the District Premises described in Section 7.1.2.1for the twelve-month period from September 1, 2024 through August 31, 2025 to __________________________ for District approval.

District and City shall work together to attempt to coordinate a schedule for their respective uses of the requested District Premises for the September 1, 2024 through August 31, 2025 timeframe, and the District shall notify the City in writing no later than October 1, 2023 whether the uses of District Premises requested by the City under this Section 7.1.2.3 have been approved.

7.1.2.4 For each subsequent year, the City and District shall follow a similar process outlined in Section 7.1.2.3 for approving City requests for use of the District Premises described in Section 7.1.2.1. Under this process, by August 1 of each year, City shall submit its proposed use(s) of the District Premises described in Section 7.1. 2.1 for the next twelve-month period beginning September 1 of the following calendar year in writing to _____________________ for District approval. District and City shall work together to attempt to coordinate a schedule for their respective uses of the requested District Premises, and the District shall notify the City in writing no later than October 1 of the calendar year in which the August 1 request is made whether the uses of District Premises requested by the City under this Section 7.1.2.4 have been approved.

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 6

7.1.3 For Use of Outdoor Spaces During the School Day When School Is in Session During the Academic Year and Indoor Spaces on Any Day School Is in Session During the Academic Year:

7.1.3.1 This Section 7.1. 3.1 establishes the agreed procedure and timing for coordination of the City’s use of the following District Premises at the specified times:

7.1.3.1.1 Outdoor Playfields during the school day on any day school is in session during the academic year; and

7.1.3.1.2 Indoor Gymnasiums and Multipurpose Rooms at any time on a day school is in session during the academic school year.

7.1.3.2 By July 1 of each year, City shall submit its proposed use(s) of the District Premises described in Section 7.1.3.1 for the immediately upcoming academic year to ____________________ for District approval. The District and City shall work together to attempt to coordinate a schedule for their respective uses of the requested District Premises, and the District will use best efforts to notify the City in writing no later than October 1 of the year in which the request is made under this section 7.1.3.2 whether the requested uses have been approved by the District.

7.1.4 Changes or Additional Requests for Use . In the event City requires changes or additions to its use(s) of the District Premises at a time that has not been previously mutually agreed upon by the Parties under the terms of this Section 7.1, City shall submit its request to _______________________ for District approval at least 30 days in advance.

7.2 District and City shall coordinate a schedule for the District’s use of the City Premises as follows :

7.2.1 District shall submit its request via email to [email protected] at least sixty (60) days and no more than one (1) year in advance prior to requested use for approval . District shall follow all rules and regulations set forth in the City Facility Use Rules, attached as Exhibit D, as may be amended from time-to-time.

7.2.2 District agrees to provide a facility layout diagram to the City’s Facilities Coordinator at least two (2) weeks prior to the start of each rental.

8. MAINTENANCE. District will provide all maintenance for the District Premises at its own cost and expense , and City will provide for all maintenance for the City’s Premises at its own cost and expense . Maintenance to be provided by each Party of its own Premises shall be consistent with the normal maintenance levels as applied to other comparable facilities of that Party, ensure safe and healthful use , and include payment at the Party’s own cost and expense of any and all utility costs, including without limitation, electricity, water, and refuse removal costs.

9. REPAIRS. City shall be responsible for any damage, injuries, or harm caused to the District Premises by City’s use of the District Premises under this Agreement, and District shall be responsible for any damage, injuries, or harm caused to the City Premises by District’s use of the District Premises under this Agreement. Each Party shall reimburse the other Party for the reasonable cost of repairing damage that Party caused to the repairing Party’s Premises, other than ordinary wear and tear items. Any dispute regarding the responsibility for any damages shall be resolved pursuant to the dispute resolution procedures indicated herein this Agreement.

10. INDEMNIFICATION.

10.1 To the furthest extent permitted by California law, City shall protect, defend, indemnify and hold harmless District and its officers, agents, representatives, consultants, employees, trustees and volunteers (“Indemnified District Parties”) from any and al l demands, liabilities, losses, damages, injury, claims, suits, and actions (“Claims”) of any kind, nature or description, including, but not limited to, personal injury, death, property damage, and consultants’ and/or attorneys’ fees and costs, directly or indirectly resulting from the negligent or willful misconduct of the City or its officers, agents, representatives, consultants, employees or volunteers in the performance of this Agreement except to the extent the

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 7 Claims are directly or indirectly, in whole or in part, caused by the negligence or willful misconduct of the Indemnified District Parties.

10.2 To the furthest extent permitted by California law, District shall protect, defend, indemnify and hold harmless City and its officers, agents, representatives, consultants, employees, and volunteers (“Indemnified City Parties”) from any and all demands, liabilities, losses, damages, injury, claims, suits, and actions (“Claims”) of any kind, nature or description, including, but not limited to, personal injury, death, property damage, and consultants’ and/or attorneys’ fees and costs, directly or indirectly resulting from the negligent or willful misconduct of the District or its officers, agents, representatives, consultants, employees, trustees or volunteers in connection with this Agreement, except to the extent the Claims are directly or indirectly, in whole or in part, caused by the negligence or willful misconduct of the Indemnified City Parties.

10.3 The Parties’ obligations under this Section 5 shall survive termination or expiration of this Agreement.

11. INSURANCE. Each Party acknowledges that it is permissibly self -insured under the applicable Government Code provision and agrees to provide to the other Party upon execution and on an annual basis thereafter adequate proof of self-insurance and excess liability coverage that meets the insurance levels and requirements set forth in Exhibit “E”.

12. TERMINATION. City or District may terminate this Agreement at any time by written notice of election to terminate delivered to the other Party at least sixty (60) calendar days in advance of the effective termination date elected.

13. NOTICES. All notices required or permitted to be given under this agreement shall be in writing and personally delivered or sent by overnight delivery or certified mail, postage prepaid and return receipt requested, addressed as follows:

CITY DISTRICT
City of San Pablo West Contra Costa Unified School District 1000 Gateway Avenue 1400 Marina Way South
San Pablo, CA 94806 Richmond, CA 94804
Attn: City Manager Attn: Associate Superintendent
Facilities, Maintenance and Bond

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) calendar days after deposit in the mail. Notice provided by overnight delivery shall be deemed effective the next business day after delivery by the overnight delivery service. As a courtesy only, the Parties also agree to provide notices by email to the City at [email protected] and to District at ______________________. The Parties may change their respective addresses for purposes of delivering notices b y sending notice of such change pursuant to this paragraph.

14. ASSIGNMENT. Neither Party shall assign its rights, duties, or privileges under this Agreement, nor shall either Party attempt to confer any of its rights, duties, or privileges under this Agreement on any third Party without the written consent of the other Party.

15. NON-DISCRIMINATION. Neither Party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the b asis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

16. 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, joint venture, or association.

17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties.

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 8

18. VERIFICATION OF QUALIFICATIONS . Each Party shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its staff, agents, consultants , and/or subcontractors who may provide services in conjunction with each Party’s duties or obligations pursuant to this Agreement or the use of the District Premises.

19. FINGERPRINTING AND CRIMIN AL BACKGROUND INVESTIGATIONS . City shall ensure compliance with the fingerprinting requirements of Education Code section 10911.5 for all City employees, staff, and/or contractors who could have direct unsupervised contact with District’s students, regardless of whether such individuals are paid or unpaid, as a result of City’s use of District Premises.

20. DISPUTE RESOLUTION. If a dispute arises that is in any way related to this Agreement, the Parties agree to attempt first to resolve the dispute through negotiations. If negotiations are unsu ccessful, the P arties agree to mediate the dispute prior to initiating any legal action.

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. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in Contra Costa County, California.

22. WAIVER. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

23. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the P arties hereto and their respective heirs, legal representatives, successors, and assigns.

24. AMENDMENTS. Amendments to the terms and conditions of this Agreement shall be requested in writing by the Party desiring the revision, and any amendment to the Agreement shall only be effective upon the mutual agreement in writing of both Parties hereto.

25. COUNTERPARTS. This Agreement and all amendments and supplements thereto may be executed in counterparts, and all counterparts together shall be construed as one document.

26. 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 intentions of the Parties hereto.

27. SEVERABILITY. Should any provision of this Agreement be determined to be invalid, illegal or unenforceable in any respect, such provision shall be severed and the remaining provisions shall continue as valid, legal , and enforceable.

28. INCORPORATION OF RECITALS AND EXHIBITS . The Recitals and each e xhibit attached hereto are hereby incorporated herein by reference.

29. APPROVAL. The Parties agree that this Agreement shall not be binding on the Parties unless the Agreement is approved by the District’s Board of Education and the City Council.

30. NO THIRD PARTY BENEFICIARIES. This Agreement sets forth the rights and responsibilities between the Parties and no third-party beneficiaries are intended by the Parties.

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 9

IN WITNESS WHEREOF, this Agreement has been duly approved by Parties on the day and year written.

WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
A California public school district

________________________________ Date: _______________________________ Luis Freese
Associate Superintendent
Operations

CITY OF SAN PABLO
A municipal corporation

________________________________ Date: _______________________________ Matt Rodriguez
City Manager

APPROVED AS TO FORM FOR CITY OF SAN PABLO:

_____________________________
Teresa L. Stricker
City Attorney

Attachments:

Exhibit A – District Premises
Exhibit B – City Premises
Exhibit C – District Facility Use Rules
Exhibit D – City Facility Use Rules
Exhibit E – Insurance

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 10 EXHIBIT “A”

DISTRICT PREMISES

School Site Description of Premises
Bayview Elementary School
3001 16th Street
Multi-purpose room and Outdoor Playfields

Dover Elementary School
1870 19th Street
Multi-purpose room and Outdoor Playfields
Downer Elementary School
1231 18th Street
Multi-purpose room, Outdoor Playfields and
Gymnasium
Lake Elementary School
2700 11th Street
Multi-purpose room and Outdoor Playfields
Montalvin K8 School
300 Christine Drive
Multi-purpose room and Outdoor Playfields
Riverside Elementary School
1300 Amador Street
Multi-purpose room and Outdoor Playfields
Tara Hills Elementary School
2300 Dolan Way
Multi-purpose room and Outdoor Playfields
Helms Middle School
2500 Road 20
Multi-purpose room, Outdoor Playfields and
Gymnasium

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 11 EXHIBIT “B”

CITY PREMISES

City Premises Description of Premises
San Pablo Community Center
2450 Road 20, San Pablo
Community Hall, Activity Room #2,
Computer Lab (Activity Room #3) and Teen
Lounge
City Hall
1000 Gateway Avenue, San Pablo
Maple Hall
San Pablo Library
1375 San Pablo Avenue, San Pablo
Wildcat Creek Community Room

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 12 EXHIBIT “C”

DISTRICT FACILITY USE RULES

West Contra Costa Unified
School District

Facilities Use Policies and Procedures

2019-2020

WCCUSD – Facilities Use Policies & Procedures

TABLE OF CONTENTS
I. Introduction ..........................................................................................................1 II. Facility Use and Rental ........................................................................................2 III. WCCUSD Guidelines .........................................................................................3 IV. Use Fee Classifications ........................................................................................4 V. Application Procedures ........................................................................................6 VI. General Procedures & Policy ...............................................................................9 VII. Field and Athletic Facility Use ............................................................................14 VIII. Theatre Use ..........................................................................................................16 IX. Cafeteria and Community Kitchens .....................................................................18 X. Barbeque Policy and Guidelines ..........................................................................20

Appendix A State Guidelines
Appendix B Statement of Information
Appendix C Hold Harmless Agreement
Appendix D El Cerrito High School Theatre Usage Policy
Appendix E De Anza High School Theatre Usage Policy
Appendix F Operational Cost
Appendix G Fee Schedule
Appendix H How to Create Log In
Appendix I How to Login and Submit a Request for Facility Use at WCCUSD WCCUSD – Facilities Use Policies & Procedures

INTRODUCTION

Welcome to West Contra Costa Unified School Districts Schools!

West Contra Costa Unified School District (“WCCUSD” or “District”) is a public entity whose mission is to provide the best education possible to the children located in the West Contra Costa Unified School Di strict community. Our classrooms and support facilities offer the best opportunity for educational success. Our community provides many activities outside of school hours for our youth, which require rooms and playing fields. It is the policy of the District to grant the use of its school facilities and grounds through the District’s on-line facilities use program and upon the terms and conditions set forth in Board Policy 1330. District Administrative Regulations define the limitations, requirements, a nd restrictions set forth in current, applicable law. Access to District facilities is available after school and on weekends for user groups with prior approval, upon proof of insurance, and subject to certain costs as prescribed in the Civic Center Act (Educ.

Code § 38130 et seq.).

These Facilities Use Policies and Procedures are a resource guide for outside users in completing the application process and to clarify the District’s expectations of grou ps who are permitted to use our facilities.

WCCUSD – Facilities Use Policies & Procedures 2

II.

FACILITY USE AND RENTAL

For facility use and rentals, the District uses www.communityuse.com for outside user groups and www.schooldude.com for District users, which are user-friendly, web-based programs that enable groups to request the use of District facilities through the internet. This will make it easy for you to submit permit applications and track their status.

If you have any Facilities Use Permit questions please contact:

Rina Prasad at (510) 231-1113 or [email protected].

To register or access School dude see Appendices H and I for detailed instructions, or go to:
www.communityuse.com/default.asp?acctnum=553378094.

The District is updating the fees for Facilities Use Permits and, as of July 1 st, 2018. WCCUSD
will implement the new fee structure. To develop the fee structure, we calculated the actual costs to the District for facilities use. These fees are comprised of the District’s Direct Costs or Fair Rental Value for the use of school facilities or grounds on an hourly basis, as set forth in Appendix G. The District’s Direct Costs include capital direct costs and operational direct costs which consist of the users’ share of the costs of supplies, utilities, janitorial services, services of District employees, maintenance, repair, restoration, and refurbishment for the school facilities or grounds. The Fair Rental Value includes the District’s Direct Costs plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.

With the updated fee structure, anyone using WCCUSD facilities or grounds outside of the regular school day must have a facilities use permit and pay all applicable fees.

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III.

WCCUSD GUIDELINES

1. Board Policy / Administrative Regulation 1330

1.1. The use of WCCUSD school facilities and grounds is governed by District Board Policy and Administrative Regulation 1330.

1.2. The Superintendent has delegated authority to the Assistant Superintendent of Business Services, or designee, to approve applications for the use of school facilities or grounds.

All Applications must be submitted on-line and approved by the District’s Facilities Use Office.

2. Code of Conduct for All Facility Users

2.1. If any group activity results in the destruction of school property, the group may be charged for an amount necessary to repay the damages, and further use of school facilities or grounds may be denied.

2.2. When a facility use activity will not begin immediately after classes are dismissed for the day, children must not be left unsupervised waiting for the activity/class to begin. Staff is not available to supervise children after the close of the school day.

2.3. We have high expectations for the conduct of all users of District school facilities and grounds. This includes students, coaches, parents, guests, by-standers, and anyone else in attendance at a facility -use event. If these expectations are not met the individuals, including the group associated with any individual’s poor conduct may have their facility use permit revoked. It is incumbent upon each group to properly supervise themselves and not allow inappropriate behavior. The following are examples of behavior that will not be tolerated at any time by the District:

2.3.1.1. Poor sportsmanship;

2.3.1.2. Profanity;

2.3.1.3. Fighting (verbal or physical);

2.3.1.4. Abuse (verbal or physical);

2.3.1.5. Inappropriate behavior toward children, referees, or coaches;

2.3.1.6. Harassment, discrimination, or sexual misconduct;

2.3.1.7. Gambling;

2.3.1.8. Arson;

2.3.1.9. Use or possession of tobacco, alcohol, drugs, or firearms; and

2.3.1.10. Trespassing onto neighbors’ properties.

2.4. Any inappropriate activity should be immediately reported to District’s Facilities Use Office, Rina Prasad on 510-231-1113

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IV.

USE FEE CLASSIFICATIONS

The priorities and fee structure for using facilities will be determined by the District for any Use of Facilities requests other than school district instructional and related activities based on the following use classifications. Additional fees beyond use fees may be required for all users.

“School facilities” are limited to only non-classroom space and “school grounds” includes, but is not limited to, playing fields, athletic fields , track and field venues, tennis courts, and outdoor basketball courts.

1. Uses Subject to No Cost.

1.1. Uses subject to no cost include school activities generated by District personnel or volunteers for purposes directly related to the education and enrichment of District students, as directed or approved by District administration, and/or for the purpose of employee gatherings related to the operation of the District. These uses include , for example, those by PTA or other school-associated parent / teacher / student associations and student body clubs.

1.2. Uses in this category may also be subject to Direct Cost if the use requires additional District personnel or work hours to be assigned (e.g., weekend, holidays, or other days when the facility may otherwise be closed).

2. Uses Subject to Direct Cost.

2.1. Direct Cost is defined as the share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of the Civic Center Act to operate and maintain school facilities or grounds that is proportional to the entity’s use of the school facilities or grounds.

2.2. Uses subject to Direct Costs include for example:

2.2.1. Uses by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:

2.2.1.1. Girl Scouts, Boy Scouts, Camp Fire USA, or the YMCA;

2.2.1.2. A parent-teacher association;

2.2.1.3. A school-community advisory council;

2.2.2. An entity using school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youth;

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2.2.3. An entity conducting religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization that has no suitable meeting place for the conduct of the services; and

2.2.4. An entertainment or a meeting where an admission fee is charged or contributions are solicited and the net receipts are expended for the welfare of the pupils of the WCCUSD or for charitable purposes.

3. Uses Subject to Fair Rental Value.

3.1. Fair Rental Value is defined as the direct costs to the District plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.

3.2 Uses subject to Fair Rental Value include an entertainment or a meeting where an admission fee is charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils of WCCUSD or for charitable purposes.

3.3 This fee structure may apply even to “nonprofit” organizations where organizers, activity supervisors, coaches, etc., draw salary from the activity or organization, and participation fees are received from students or adults.

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APPLICATION PROCEDURES

1. Facilities Use applications originating from established and responsible entities appropriately licensed and insured shall be considered.

2. All applications must be received in the Facilities Use Office fifteen (15) days prior to the requested date of use.

3. Application.

3.1. To submit a Facilities Use application to the District, complete the application on-line using the following web site:

www.communityuse.com/default.asp?acctnum=553378094

3.2. To complete the application, see the instructions on:

3.2.1. How to Create a Log-in, in Appendix H; and

3.2.2. How to Log-in and Submit a Request for Facility Use, in Appendix I.

3.3. The application process should start at least four (4) weeks prior to the requested date of use.

3.4. Fifteen (15) days prior to the event date, the Facility Use Office must have all required insurance certificates, the Additionally Insured Endorsement, and the payment

3.5. The request, when approved, becomes the permit to use District facilities and/or grounds.

3.6. It is the responsibility of the applicant to make sure all requirements are met. The Applicant must have final approval from the Facilities Use Office prior to the scheduled event.

3.7. A complete request consists of the following three (3) items:

3.7.1. An approved request submitted online (fully routed and approved by the Facilities Use Office);

3.7.2. Proof of insurance, with the D istrict identified as an additional insured, and endorsement approved by the Facilities Use Office (see below for further details); and

3.7.3. Payment for the estimated use of the facilities and/or grounds. If the estimated use exceeds the time indicated on the issued permit, the District will invoice the applicant the difference owed.

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4. All school-related activities will be given priority in the use of facilities and grounds.

4.1. When school activities take preference over any scheduled activities, a fifteen (15) days' notice will be given so that the cancelled activity can be rescheduled.

4.2. Cities and outside user groups within the District will have second priority. Thereafter the use shall be on a first-come, first-served basis of completed requests.

5. All permits expire on June 30th of each year (end of the District’s fiscal year) and a new request must be submitted for subsequent uses.

6. Certificate of Insurance Requirements. Applicant agrees to procure and maintain required insurance limits during the life of any approved facility use permit.

6.1. The West Contra Costa Unified School District shall be named as certificate holder. An endorsement page naming West Contra Costa Unified School District as an additional insured must accompany the certificate of insurance. The certificate of insurance and the endorsement page must be received at least fifteen (15) calendar days prior to the use of the District facility.

6.2. The required limits of insurance are as follows:

Liability $1,000,000
General Aggregate $2,000,000
Personal Injury $1,000,000
Fire Damage $100,000
Medical Expenses $5,000

6.3. Hold Harmless. In making an application for use of District facilities, all users agree to defend, indemnify, and hold harmless the district, its officers, employees and agents from any and all injuries, losses , or damages, including damage to District property, which may result or arise in any way out of their use of the District facilities, negligence of the user group, its officers, employees or agents , except when caused by the negligence of the District.

6.4. Advance Payment . Advance payment in full is required at least fifteen (15) calendar days prior to the event; if payment is not received by the District, the use permit and event will be cancelled.

6.5. Changes or Cancellations. A request may be changed or cancelled fifteen (15) calendar days prior to the requested date of use. For all changes or cancellations, applicants must contact Facilities Scheduling Office at 510-231-1113

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6.6. Revocations. The District may revoke permits without prior notice in extreme circumstances where the need for the facilities or grounds has subsequently developed for public school purposes. The District will give as much advanced notice as possible to the user.

6.7. Refunds. Refunds will be provided up to fifteen (15) calendar days prior to the event; any cancellations after the fifteen-day period will NOT be refunded.

6.8. Permit Transfers. No use permit shall be transferred or assigned to any person or group.

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VI.

GENERAL PROCEDURES AND POLICY

1. Authority. The District Facilities Scheduling Office has the sole authority to grant use of the school facilities at each District school. If a conflict in scheduling should arise, the Facilities Scheduling Office shall have the authority to reschedule or cancel a requested use for any reason the office deems necessary.

2. Priority. The priority for use of District facilities and grounds shall be according to the following:

2.1. District and District schools;

2.2. Public agencies within the District;

2.3. Nonprofit organizations, clubs, associations, and entities;

2.4. For profit organizations, clubs, associations, and entities

3. Permits. All users including school-related groups must file an application for a facilities use permit. For advance schedules use permits during the school year (July 1 to June 30) , applicants must reapply for new permits annually to continue using the District facilities or grounds.

4. Special Arrangements. A facilities use permit does not authorize the use of certain District, school, or student body equipment . Arrangements for supervision and operation of any equipment shall be made by the applicant with the site administrator and Facilities use office at the time of the reservation.

4.1. All applicants will be liable for any damage or loss of equipment during facilities use.

5. Structures. No structures (including tents), whether permanent or temporary, may be erected or assembled on school premises, nor may any extraordinary electrical, mechanical, or other equipment be brought thereon unless special approval has been obtained from the District.

6. Fireproofing. Decorations must be flameproof and shall be erected and taken down in a manner not destructive to school property. The District may request the fire department to verify certification of fireproofing at the user’s expense.

7. Automated External Defibrillator (AED). Some District facilities and grounds are equipped with AEDs. Any use of District AEDs requires the appropriate certifica tion as prescribed by applicable California law.

8. Vehicles/Parking. No modifications to District parking provisions will be allowed. All vehicles will be operated on paved driveways and parking lots only; parking on paved play areas, fields, or in marked fire lanes is strictly prohibited.

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9. Facilities and Grounds Access. All District facilities are lockable and connected to an alarm system. A custodian or District official staff must be on site for all uses.

9.1. The District’s site employee shall unlock the facility or grounds and check-in with the user at the beginning of the use , and at the end of the event shall clean, check-out the user, and lock the facility or grounds.

9.2. In the event the use requires additional personnel for support, only District employees shall be utilized. The events that has more than 300 attendees will require 2 personal support staff.

9.3. Minimum hours to open any District facilities on a weekend is two and half hours (2 ½).

9.4. Payment directly to District employees is prohibited.

10. Classrooms. Classrooms are the professional workspace of WCCUSD certificated teaching staff. All individuals working with or teaching students on the campus must complete the following prior to any student contact:

10.1. Mandated fingerprinting;

10.2. Required proof of insurance; and

10.3. Payment of applicable fees.

11. District Restroom Facilities. Arrangements for use of restrooms must be made at the time of application, and a custodian or District official staff must be present during the entire event.

No restrooms are available at Elementary Sites field use. Submit rental agreements or the contract to Facilities Use Office for the use of Portable Toilets. No Portable Toilets are allowed at any Middle and High Schools.

12. Users of outdoor facilities that do not have access to restroom facilities may have the option of making its own arrangements for renting portable toilets from an outside vendor. User shall obtain District’s prior written approval for the use of portable toilets on District property. The approval of such use shall be at the sole and absolute discretion of the District. User shall assume full responsibility for the renting and use of portable toilets. User shall provide the District its rental agreement with the portable toilet provider at least one working day prior to the event. The rental agreement must specify the cleaning/servicing schedule, date of removal of the portable toilets and applicable insurance maintained by the portable toilet provider. In the event the portable toilets remain on the District site beyond the date of user’s permit hereunder, user may be charged additional use fees. User shall indemnify and hold the District harmless from any liability or damages resulting from user’s rental and use of portable toilets on District property. User shall be responsible for any damages to District property resulting from the use or rental of portable toilets.

13. Smoking/Tobacco Products. Smoking and tobacco products of any kind are not permitted on District property.

14. Alcohol. No alcoholic beverages are allowed on District property.

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15. Prohibited Uses. Uses, activities, or affairs which require heavy maintenance or crowd control, such as swap meeting, wedding s, parties, dog shows, rock bands, commercial advertising, use of any smoke machines, car wash, etc. are prohibited.

16. Revocation of Permit. Any violations of law and/or District policy and procedure will result in the immediate revocation of the facilities use permit and removal of the user(s) from District property.

17. Violations. Applications will be denied if past use by an organization has resulted in, without limitation, violation of Board Policy, inconvenience for school use, damage to property, consistent lack of supervision, adverse behavior, or non-payment of fees.

18. Keys. Key control and security code control are mandatory. Under no circumstances is a non- District individual or student authorized to be in possession of keys to District facilities or grounds or have knowledge of any District security codes. District master keys and codes must be secured to the greatest extent possible and never loaned to students or non - District employees.

19. Candles/Open Flames. The use of open flames, bonfires, candles, incense, fireworks, or any incendiary device is strictly forbidden. Decorations must be flameproof and shall be erected and taken down in a manner so as not to be destructive of District property.

19.1. Note: Outdoor food preparation, including barbecues, is not allowed without all appropriate health permits obtained from the Contra Costa County Environmental Health Division.

20. Fundraisers. All fundraisers must be approved by the Board of Education pursuant to Education Code § 51521. For specific details regarding fundraising activities, refer to District Administrative Regulation 1321 or contact Facilities Use Office at 510-231-1113.

21. Catering. Kitchen facilities at secondary schools are not available for use by community groups and food cannot be prepared at the schools unless one or more district food service personnel are employed to supervise. A rental fee will be charge d in addition to facility use fee. In such cases, an additional $250 refundable property damage deposit is required to cover possible damage or theft.

22. Mobile Food Vendors/Trucks. Facility or site use may include the provision of mobile food vendors and/or food trucks with the District’s prior approval. All food vendors and/or food trucks must be approved by the Contra Costa County Health Department and follow Contra Costa County Health Department guidelines. The placement or location of mobile food vendors and/or trucks must be approved by the District a minimum of fifteen (15) working days prior to the event for which the user has requested use of District facilities. No parking is permitted on any of the District’s fields at any time. Trucks and/or vehicles that support the mobile food vendor will not be allowed onto the fields at any time. Food vendors must possess WCCUSD – Facilities Use Policies & Procedures 12

a valid and current City of El Cerrito, City of Hercules, City of Pinole, City of Richmond, City of San Pablo, or County of Contra Costa Business License (business license must represent city where business is established). User must indicate on it Facilities Use Permit whether the use includes mobile food vendor and/or trucks. User must al so include evidence of the appropriate license required by agencies having authority over mobile food vendors/trucks.

The District has the right to assess an additional security/cleaning deposit for and users that includes mobile food vendors/trucks in its use of District facilities.

23. Gymnasiums. Gymnasiums may not be used for dances. The serving of refreshment s is prohibited in the gym nasiums at all times . Gymnasiums are not available for any soccer or any outdoor sports practices or games.

24. Due Dates for Fees: All monies for facility use fees as applicable must be paid to the Facilities Scheduling Office at least fifteen (15) days before the scheduled day of use.

25. Signs and Fliers.

25.1. A user may post pre-approved, temporary signs or banners during the hours of use.

25.2. Advertising or sponsor signs will not be allowed.

25.3. All fliers must be approved and stamped by a WCCUSD Executive Director prior to printing and distributing.

26. Gambling. Facilities may not be used for a ny gaming or gambling purposes (e.g., raffles, bingo, etc.).

26.1. School entities, including student clubs, are not authorized to participate in raffles because unlike the local PTA, they are not a nonprofit organization exempt from state taxes and defined in the Franchise Tax Code.

26.2. In order for a user to be able to hold a raffle, the user needs to be a tax-exempt, nonprofit organization with an approved tax identification number pursuant to California Revenue and Taxation Code § 23701(d). The organization must have been approved to do business in California for at least one year and must register with the Attorney General's Registry of Charitable Trusts.

26.3. Drawings may be considered raffles, and should not be held by school group which does not meet the requirements of a tax-exempt nonprofit organization.

27. Animals. Animals are permitted on school grounds for instructional purpose and when operating in the capacity as a service animal.

28. Post-Event Adjustments. Adjustments will be made for additional costs incurred or refunds as appropriate based on the form Verification of Charges for Community Use of School Facilities. In addition, all users will be invoiced for any damage or vandalism caused by their use of the school facilities or grounds.

WCCUSD – Facilities Use Policies & Procedures 13

29. Damage to Facilities . Any damage caused by a user during the use of District facilities or grounds will be the responsibility of the user for full payment of all repairs to the damaged property. An invoice for damages will be sent to the user for payment. Failure to comply will result in permanent loss of use by the user at any District facilities or grounds for the future.

WCCUSD – Facilities Use Policies & Procedures 14

VII.

FIELD AND ATHLETIC FACILITY USE

1. Field Availability. Fields will not be available:

1.1. During school hours or on District holidays;

1.2. If schools are under construction or repair due to safety issues at the sole discretion of District administration; and

1.3. At all closed facilities.

2. Field Use on Rainy Days . Please contact Facilities Scheduling Office for closure updates of fields on rainy days at 510-231-1113.

3. Permits take priority over the use of tracks and Tennis courts at DeAnza High School, El Cerrito High School, Helms Middle School and Pinole Valley High School on the weekends.

4. Improvements and Upkeep on Fields by Facility Users.

4.1. A user may use District soccer goals and any athletic equipment with site approval. Any additional goals and athletic equipment will be portable and provided by the user . The equipment will be marked legibly and the user will provide documentation to determine ownership. The principal's prior approval is required. During the season when goals are not in use they must be chained to a fence. During the off-season the portable goals must be removed from the field

4.2. Many facility users work to improve the sites they use. The District encourages this partnership. Prior to beginning any improvement , however, a written plan must be submitted to the Facility Use Office for consideration and determination which will be communicated to the proposing user.

5. Restroom Facilities. Users of outdoor facilities that have access to restroom facilities are required to pay an additional fee for the cost associated with custodial services, including but not limited to, stocking, cleaning, unlocking and locking restroom facilities during us er’s event.

6. 7. Locker Room. Use of locker rooms requires a custodian to be present.

8. Press Box, Public Address, and Score Board.

8.1. The use of the Press Box, Public, Address System, or scoreboard will not be available unless approved by the school site prin cipal. A D istrict employee is required to open the press box and operate the system.

9. Snack Bars and Concessions . Access to use of the snack bars and concessions will be provided by a District employee.

WCCUSD – Facilities Use Policies & Procedures 15

10. Trash Removal. All field users are responsible for cleaning after their event and picking up any and all litter left on the fields . Additional fees may be assessed if the District requires staffing above and beyond the original Facilities use agreement.

11. Gymnasium Use.

11.1. No food or drink is allowed inside any gymnasium.

11.2. Only soft sole shoes may be worn and no high heels inside the gymnasiums.

11.3. No locker room, stage , or music room use is allowed unless approved by the District.

11.4. Scoreboard use is allowed if approved by the District.

11.5. Gymnasium bleachers will be either opened or closed. Users must specify preference on the application or it will be assumed that the bleachers will be opened.

WCCUSD – Facilities Use Policies & Procedures 16

VIII.

THEATRE USE

1. General Theatre Procedures . The following are general procedures for theatre use.

Additional site specific procedures may apply. Please refer to Appendi ces D & E for site specific policies.

1.1. The District at its discretion may require additional security at the user’s cost depending on the type and scope of the use.

1.2. Approved uses, events, presentations , rehearsal s, and/or production arrangements are binding and may only be modified at the District’s discretion.

1.3. Applications for theatre use need to be submitted eight ( 8) weeks in advance, and applications are considered on a first come first served basis. Priority is always given first to District theatre users. Users may then be scheduled around the District’s events, productions, and presentations.

1.4. All users must provide a description of their use/ presentation/production during a prior arranged consultation with the Technical Theater Manager. Coordination is organized by the Facilities Scheduler.

1.5. All presentation/production content must be in compliance with Education Code § 38131(b) and the Usage Policy of the consulted theater space.

1.6. All fees must to be paid fifteen (15) days prior to the date of use to avoid being canceled.

1.7. District support staff will be present for all theater events, productions, or performances.

1.8. No food or drinks are allowed in the theater , classrooms, or adjoining facility spaces at any time. Request and approval by the Facilities Scheduling Office must be given for food/drink to be allowed in green room areas if applicable.

1.9. All theater equipment, curtains, scenery, props, and costumes must be fire retardant. The District may request the fire department to verify certification of fireproofing at the renter’s expense. Fire codes will be strictly enforced at all times . During the consultation, this must be arranged ahead of time.

1.10. All theaters, adjoining rooms, and classrooms adhere to a strict “as is where is” policy.

Any group using an auditorium or stage shall not disturb, move or change any existing equipment except with the permission of the site administrator and under the supervision of the site employee who is in charge of the facility. A walkthrough shall be documented before and after a use with the technical theater manager to ensure these policies are followed.

WCCUSD – Facilities Use Policies & Procedures 17

1.11. All theater hallways and exits must remain free of equipment and debris at all times to ensure safety of users, audiences, and District staff.

1.12. The user or group may cancel its facility use permit by written notice to Facilities Scheduling Office at least thirty (30) days prior to the start of the permit without further financial obligation to the D istrict. If said application is canceled less than thirty (30) days prior to the permit start date, the user/group must pay the full amounts owed.

WCCUSD – Facilities Use Policies & Procedures 18

IX.

CAFETERIA AND COMMUNITY KITCHENS

1. Use of school kitchens and concession stands may be granted to eligible groups when such use will not interfere with the regular school food services program. When these areas are used, a food services employee must be assigned to ensure sanitation, safety, and proper operation of equipment. This employee will act in a supervisory capacity only. The organization using the facility is responsible for preparation and cleanup.

2. Cafeteria Kitchen use includes food presentational areas and the use of cafeteria dining areas with limited use of kitchen facilities such as sinks and power outlets. The following equipment is excluded from Cafeteria Kitchen use: ovens, stovetops, refrigeration units, ice machine and all other food preparation equipment.

2.1. Cafeteria Kitchen Use.

2.1.1. Cafeteria Kitchens are not available during the school day.

2.1.2. Authorization to use the Cafeteria Kitchen area does not authorize the adjacent or nearby Community Kitchen and the equipment including the refrigerator space and oven use.

2.1.3. A custodian is required to unlock the Cafeteria Kitchen, inspect that the facility was left clean, and will remove trash and lockup the Cafeteria Kitchen.

2.1.4. The custodian will report to the District if a group does not leave the Cafeteria Kitchen Clean.

2.1.5. No food, utensils, paper product, pots and/or small appliances may be stored in the Cafeteria Kitchen.

2.1.6. Groups who do not follow the policy may not be allowed any future Cafeteria Kitchen Use.

2.1.7. Kitchen facility may only be used for heating water and coffee.

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3. Community Kitchen use includes access and use of cafeteria dining area and food preparation areas including food preparation equipment (with appropriate District supervision).

Community Kitchen use requires the appropriate health permits from the Contra Costa County Environmental Health Division and the appropriate approvals from the Facilities Scheduling
Office at the time of application.

3.1. Community Kitchen Use.

3.1.1. Use Food preparation at the schools requires supervision by District food service personnel.

3.1.2. A rental fee will be charged in addition to the facility use fee.

3.1.3. In such cases , a $250 refundable property damage deposit is required to cover possible damage or theft.

3.1.4. Community Kitchen use requires the appropriate health permits from the Contra Costa County Environmental Health Division.

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BARBEQUE POLICY AND GUIDELINES

1. Barbeque Safety.

1.1. Only gas BBQ grills will be permitted for use on school facilities and grounds.

1.2. BBQ grill must be no less than 36" from the ground.

1.3. BBQ must be placed at least 50 feet away from all District buildings.

1.4. No Barbeques are permitted on the All Weather Fields and Tracks.

2. Post-Barbeque Procedures.

2.1. Portable BBQ equipment must be removed from District property after the BBQ.

2.2. Any incidents or property damage as the result of a BBQ must be immediately reported to the Facilities Scheduling and District’s Risk Management Liability Office. For questions, please call 510-231-1113.

APPENDIX A
State Guidelines

Civic Center Act (Education Code sections 38130-38138)
A. The governing board of any school district may grant the use of school facilities or grounds as a civic center upon the terms and conditions the board deems proper, subject to the limitations, requirements, and restrictions set forth in the Civic Center Act , for any of the following purposes:

1. Public, literary, scientific, recreational, educational or public agency meetings.

2. Discussion of matters of general or public interest.

3. Conduct of religious services for temporary periods, on a one-time or renewal basis, by any church or religious organization that has no suitable meeting place for the conduct of services, provided the governing board charges the church or religious organization using the facilities or grounds a fee as specified in the Civic Center Act.

California law encourages the Governing Board of a school district to make available the school buildings or grounds for public, literary, scientific, recreational, or educational meetings, or for the discussion of matters of general or public interest. T he general rules and guidelines are defined in the California Education Code under section 38130 et seq., and are cited as the “Civic Center Act.”
West Contra Costa Unified School District is a public entity whose mission is to provide the best education possible to the children of our community located in the West Contra Costa Unified School District.

It is required of each user to read this manual and understand the District's expectations for facility use. User groups must have a current, approved applic ation in order to use the District school facilities or grounds. If you are the representative of a user group, it is your responsibility to inform your participants of the contents of the District’s policies and procedures manual. The District expects everyone to abide by the rules and regulations.

It is the intent of this Policies and Procedures Manual to provide potential users of West Contra Costa Unified School District facilities information regarding the application process, fee structures, insurance requirements, and other factors governing the use of school facilities under the Civic Center Act.

4. Child care or day care programs to provide supervision and activities for children of preschool and elementary school age.

5. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies.

6. Supervised recreational activities including, but not limited to, sports league activities for youths that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination.

7. A community youth center.

8. A ceremony, patriotic celebration, or related educational assembly conducted by a veterans’ organization.

9. Other purposes deemed appropriate by the governing board.

B. State laws prohibit the use of school facilities for subversive, immoral, offensive, or harmful purposes. State laws also limit the use of school facilities for denominational or sectarian activities. The use of school facilities shall not be granted to persons, forums, corporations, groups, clubs, or associations which:

1. May, by such use, be reasonably expected to expose the property of the district to damage through riot, mob action, or violence of any kind.

2. Use the property in a manner which will be adverse to the best interest of the school district.

3. For the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States or of the state by force, violence, or other unlawful means

4. Use the facilities for a purpose not consistent with the Civic Center Act and/or adopted board policies.

APPENDIX B
Statement of Information

Education Code § 38136 provides that no governing board of a school district shall grant the use of any school property to any person or organization for any use in violation of § 38135 prohibiting any use, by any individual, society, group, or organization for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States or of the state by force, violence, or other unlawful means . For the purpose of determining whether or not any individual, society, group, or organization applying for the use of the school property intends to violate § 38135, the governing board shall require the making and delivery to the governing board, by the applicant of a written statement of information in the following form:

STATEMENT OF INFORMATION

The undersigned states that, to the best of his or her knowledge, the school property for use of which application is hereby made will not be used for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States by force, violence or other unlawful means;

That __________________________________________________, the organization on whose behalf he or she is making application for use of school property, does not, to the best of his or her knowledge, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means, and that, to the best of his or her knowledge, it is not a Communist action organization or Communist front organization required by law to be registered with the Attorney General of the United States.

This statement is made under the penalties of perjury.

As the undersigned, I have read the above STATEMENT OF INFORMATION and understand, as the individual and/or a duly authorized representative of my organization, that failure to comply with any of the above items will be grounds for the revocation of the facilities use permit. I understand further that as the individual and/or duly authorized representative of my organization that I/we are responsible for the implementation of the above requirements included in this Statement of Information.

Organization

Name (Print) Title

Signature

West Contra Costa Unified School District – Verification and Action

Compliance of Statement of Expectations Non-compliance of Statement of Expectations

Name Title Date

APPENDIX C
Hold Harmless Agreement

The following Hold Harmless Agreement shall be completed prior to use of facilities:

To: WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

In connection with the granted use of your facilities and premises at_________________________________ for ____________________________________________________________________________

We, ____________________________________________ hereinafter referred to as the Permittee, do agree to defend, indemnify and hold harmless the West Contra Costa Unified School District, hereinafter referred to as the District, its officers, agents and employees, individually and collectively, from and against all costs, losses, claims, demands, suits, actions, payments and judgements, including legal and attorney fees, arising from personal or bodily injuries, including death, or property damage or otherwise, however caused, sustained by any persons(s), firm(s), corporation(s), including the district, brought or recovered against any of the above that may arise for any reason from or during or be alleged to be caused by the undersigned's use/occupancy of District's facilities, including school or District parking lots and walkways, furniture or equipment or other use as requested by the Permittee, or from any occurrence in or on the demised premises, and will further indemnify and hold the District harmless against and from any and all claims arising from any breach or default on the part of the Permittee in the performance of any covenant or agreement on the part of the Permittee to be performed pursuant to the terms of this use, or arising from any act or negligence of the Permittee, or any of its agents, contractors, servants, employees, licensees, customers, or invitees. In the case any action or proceeding is brought against the District by reason of any such claim, the Permittee, upon notice from the District, covenants to resist or defend at Permittee expense such action or proceeding by counsel reasonably satisfactory to the District. The term “facilities” as used in this agreement shall include any adjacent school or District parking lots, walkways or thoroughfares used by guests, patrons, invitees, employees, or agents of the Permittee.

The Permittee further agrees to retain responsibility for any loss, theft or damage to Permittee's equipment, supplies or materials or equipment, supplies or materials of others brought onto or stored on District's premises in connection with Permittee's use of District's facilities and premises.

The Permittee further agrees and promises that he will not use nor permit any other person, firm or corporation to use pictures or films of the premises and/or facilities of the West Contra Costa Unified School District in any movie film, film production or commercial venture the subject matter of which does or might bring discredit to the District, including any film production which contains immoral, obnoxious, obscene or injurious material, or is subversive in any way.

The Permittee further agrees to surrender the premises and facilities to the district at termination of the use period hereinbefore specified in the same condition as at the commencement of the period. All equipment, supplies and materials of any kind, used by the Permittee, shall be removed from the premises at termination of the use period.

West Contra Costa Unified School District
1108 Bissell Avenue, Richmond, CA 94801. (510) 231-1113

The Permittee shall be responsible for any damage to District property, arising from Permittee's use, and shall promptly reimburse the District for repair or replacement as billed. The undersigned further agrees to provide a Certificate of Insurance for liability coverages and limits acceptable to the District.

IN WITNESS WHEREOF, the Permittee has executed this document on the ____________ day of

____________________________________ 20

As the undersigned, I have read the above HOLD HARMLESS AGREEMENT and understand, as the individual and/or a duly authorized representative of my organization, that failure to comply with any of the above items will be grounds for the revocation of the facilities use permit. I understand further that as the individual and/or duly authorized representative of my organization that I/we are responsible for the implementation of the above requirements included in this Statement of Expectations.

Organization

Name (Print) Title

Signature

West Contra Costa Unified School District – Verification and Action Compliance of Hold Harmless Agreement Non-compliance of Hold Harmless Agreement

Name Title Date

Legal References: Education Code: 40041-40043 (as applicable); Lamb’s Chapel v. Center Moriches Union Free School District (1993) 508 U.S. 394; Fairfax Covenant Church v. Fairfax County School Board (1994) 17 F.3d 703.

1 APPENDIX D
El Cerrito High School Theatre Usage Policy
(July 2018)

This usage policy agreement outlines policies and procedures for usage and rental of the El Cerrito High School Performing Arts Theater . Additional policies and procedures may apply as outlined in the WCCUSD Facilities Use Policies and Procedures . Whenever possible, El Cerrito High School Theater makes its facilities available to the community for events, productions, lec tures, performances, etc. El Cerrito High School or WCCUSD reserves the right to deny any request for use of its facilities that may conflict with the Theater’s primary mission of school use and/or district use of the theater. As follows, policies and procedures become effective once the Facilities U se Permit for the theater is signed by the Group/ User, Site Administrator(s), Theatre Manager, and Facilities Management.

Theater Contact Information:
• Theater Manager: Jessica Olwell
• Contact: (510) 231-1437, ex. 26605
• E-Mail: [email protected]

Other Contact:

• Site Administrator: Patricia Crespo
• Department Chair: Keith Johnson ex.26418
• Facilities: Rina Prasad at 510-231-1113 or [email protected]

A.) Rooms/Facilities Included in Usage Agreement.

Users of El Cerrito High School facilities agree upon an “as is, where is” policy, and expected to accept the facilities in the condition existing at the start of the permit and return them to this condition upon the end of permit. No food or drinks shall be allowed in the theater at any time (including: house, stage, or agreed facilities); smoking or alcohol is not permitted in any El Cerrito High School facilities, school grounds, or adjoining buildings.

Permits for usage of the ECHS Performing Arts Theater include the:
-House (400 seat capacities)
-Balcony (200 seat capacity to be used if agreed upon by Theater Manager -Front Lobby
-Ticket Booth
-Green Room
-Dressing Rooms/Make-Up Labs
-Scene/Loading Gallery (prior written approval)

Use of the El Cerrito High School Performing Arts Theater does not include any other facility, classroom, or adjoining space.

2 B.) Use Availability and Scheduling:

Any user of the El Cerrito Performing Arts Theater can make requests by following the guidelines noted below:

The theater is available for use during the days and hours of:

Monday – Thursday: 4:00pm – 10:00pm
Friday: 4:00pm – 11:00pm
Saturday – Sunday: 8:00am – 11:00pm

First priority will always be given to El Cerrito High School programs. All other groups requesting usage of the ECHS Performing Arts Theater will be scheduled on a first come, first served basis.

WCCUSD may revoke permits without prior notice in extreme circumstances when the need of the facilities is required by El Cerrito High School and/or WCCUSD . Advanced notice will be given to the user as soon as possible . El Cerrito High School reserves the right to use its spaces and facilities during use of the Theater provided that such use does not unreasonably interfere with the events, productions, and/or performances in the Theater.

Complete the application on-line using the following web address:
http://www.communityuse.com/default.asp?acctnum=553378094

The completed application will be routed to the theater manager for consultation.

Follow instructions on: See Appendix H & I
• How to Create a Log In
• How to Login and Submit a Request for Facility Use at WCCUSD • Application must be submitted to the ECHS Theater Manager eight (8) weeks prior to the requested use date(s).
• All Application for Use of School Property must be accompanied with technical requests (i.e. lighting, sound, custodial, special support services) for consideration. • Applicants will be notified of date availability during their theater consultation. • After the requested date(s) have been cleared with the Theater Manager, the permit request will be routed to the Site Administrator(s) and then the WCCUSD Facilities Use Office for cost estimates and final approval.

The permittee will be notified by the facilities use coordinator.

C.) Consultation:

• A consultation with the Theater Manager will be required for all groups requesting usage to go over all areas of the ECHS Performing Arts Theater in regards to date availability, scheduling, technical needs, fees, terms of use, and to make sure there is a complete understanding by both parties.
• There will be a $50 non-refundable fee for the consultation. • Additional technical expertise may be required for certain types of events. In such case, the Theater Manager will require a joint consultation with an outside technical expert. All fees associated with additional technical support must be paid by the user group. The Technical Consultant will evaluate services requested and quote the cost for technical support from 3 the WCCUSD approved technician. T he ECHS Performing Arts Theater will operate within its technical capacity and will not go beyond reasonable ac commodation of the facility.
• WCCUSD (at their discretion) may require additional security at the applicant’s cost depending on the type and scope of the event.
• At the end of the Facilities Usage P ermit date and when the production, event, or performance has closed, a walkthrough conducted by the Theat er Manager or Site Administrator will be completed to ensure the compliance of policies and procedures have been followed.

D.) Usage Fees:

• There is a 4-hour minimum for use of the Theater.
• Load in and breakdown time included in the 4-hour use. • All Fees must be paid fifteen (15) days prior to the event to avoid event cancellation. • A minimum of thirty (30) days is required for cancellation of any event in order to be eligible for a refund.

Community U ser Groups : User is required to pay for the following by the hour ( 4-hour minimum) during the operating hours of the theater.

Hourly Theater Rate:

Monday-Thursday: $180
Friday-Sunday: $220
*Hourly theater rate includes site supervisor, custodial, and direct costs *Discounts available with proof of 503(c) Non-profit AND by providing direct benefit(s) to WCCUSD students. Please ask for further details

Additional Technicians per requests:
• Lighting Technician: $25
• Sound Technician: $25
• Fly/Rig Technician: $25
• A.V. Technician: $25
• House Management: $10
• Students Stagehand: $13

Commercial User Groups: User is required to pay for the following by the hour ( 4-hour minimum) during the operating hours of the theater.

Hourly Theater Rate:

Monday-Thursday: $300
Friday-Sunday: $320
*Hourly theater rate includes site supervisor, custodial, and maintenance costs

4 Additional Technicians per requests:
• Lighting Technician: $25
• Sound Technician: $25
• Fly/Rig Technician: $25
• A.V. Technician: $25
• House Management: $10
• Student Stagehand: $13

E.) Proof of Insurance:

The West Contra Costa Unified School District requires a Certificate of Insurance and a copy of the Policy Endorsement from your insurance carrier naming WCCUSD as additionally insured and certificate holder. The WCCUSD name and address must appear on the Certificate of Insurance and the Additionally Insured Endorsement.

Liability: $1,000,000
General Aggregate: $2,000,000
Personal Injury: $1,000,000
Fire Damage: $100,000
Medical Expense: $5,000

F.) Condition of Theater:

• Approved usage of the El Cerrito High School Performing Arts Theater allows users to use the facilities on an “as is, where is” basis and are expected to accept the facilities in the existing condition.
• Failure to leave the stage as found may result in non-approval of future requests, additional fees to the using group, and/or cost of removal of items left behind. • The backstage corridor, dressing rooms, green room, front lobby, ticket booth, and loading gallery must remain clean and free of clutter during the entire length of the permit for the facility.
• For groups with minors, a monitor or supervisor must be provided backstage for all events.

The name of the designated supervisor(s) must be made available to the Theater Manager prior to the scheduled event.
• Depending on the time of year, school programs may have props or equipment on the stage, which shall not be moved without the approval of the Theater Manager. In most cases the stage will be clear of props or chairs and should be left in the condition it was found.

G.) Facilities and Equipment Alterations:
• Under no circumstance should the El Cerrito High School Performing Arts Theater be altered, designed, built, or changed in any way. This includes and is not limited to: painting walls, nailing/screwing structures into the walls or floors, moving lighting instruments, audio equipment, taping, and/or control booth equipment. • There shall be no alterations or changes to the orchestra pit, house seating, house walls, balcony, windows, dressing rooms, bathrooms, or green room. 5 • School equipment including classroom chairs, desks, music stands, and/or classroom materials are not permitted to be used without express permission of the theater manager .

Such use will be advised during the consultation.
• Any and all painting and/or building of sets must be arr anged prior to moving into t he Theater unless expressly permitted by the Theater Manager.

H.) Theater Equipment Usage:

• ECHS Performing Arts Theater equipment is to be operated only by the Theatre Manager, hired Technicians, or trained staff/students so as to protect ECHS theater property and the safety of those in the Theater.
• Lighting in the ECHS Performing Arts Theater has a standard “house -plot” that is to be used for all events, performances, and productions in the Theater. House-plot light fixtures may not be removed, howe ver lights may be added to the existing plot and placed based on the needs of the production. All groups or users are required to return added light fixtures to their original settings or location in a reasonable amount of time . Groups and users will be held accountable for any broken , damaged, altered, or stolen lighting equipment.
• Sound in the ECHS Performing Arts Theater has a standard patched system that is used for all events, performances, and productions in the Theater. The Theater is equipped to handle up to 24 channels for audio/sound equipment . Groups in need of multiple channels or microphones must plan on providing their own equipment if needs exceed available equipment in the Theater . Groups and users will be held accountable for any broken, damaged, altered, or stolen sound/audio equipment.
• Rigging/Fly use must be approved by the Theater Manager. Under no circumstance is any individual, volunteer, or group allowed to hang, operate, fly, or alter the t heater rigging equipment. This also includes border curtains, leg curtains, travelers, and the cyclorama.

Groups and users will be held accountable for any broken, damaged, altered, rigging equipment or curtains.

I.) Storage:

• Student safety is the primary concern for any storage arrangement. • Productions that take place on consecutive weekend days (Friday 4:30pm – Sunday 10:00pm) are permitted to store equipment and scenery for that weekend only. • Scenery and equipment left on stage during an extended event, performance, or production are subject to the approval of the Theatre Manager.
• WCCUSD and/or El Cerrito High School employees, staff, administrators, students will not be held responsible for theft or damage of any sets or e quipment left in the El Cerrito Performing Arts Theater.
• Scenery, equipment, props , etc. may not be left on site for storage outside of the permit period; subject of leaving such items will result in additional costs to user for removal or storage. Loss or damage of props or equipment left on stage or on the premises is not the responsibility of ECHS or the WCCUSD employees, staff or administrators.

6 J.) Balcony Seating:

• The ECHS Performing Arts Theater has a seating capacity of 600; 400 on the floor level and 200 in the balcony. The balcony will not be opened or available unless the estimated attendance of a group exceeds 375 people. If expected attendance exceeds 375 people, the user agrees to responsible for additional support staff.

K.) Merchandise and Concessions Sales

• Merchandise and/or sales items are not permitted during the use of the El Cerrito Performing Arts Theater. Concessions are permitted, but must be given prior approval from WCCUSD and El Cerrito High School.

L.) Publicity

• Groups and users are held solely responsible for marketing and publicity of their event, performance, or production. WCCUSD and/or El Cerrito High School do not solicit materials or publications on behalf of the user.
• Prior written consent must be agreed by the El Cerrito High School Performing Arts Theater in regards to publishing on any media, including but not limited to, print, video, television, social media, and web publishing.
• Groups or users must not in any way alter, change, exploit, solicit, sponsor and/or affiliate the name of the facilities as reads: West Contra Costa Unified School District, El Cerrito High School, and/or El Cerrito Performing Arts Theater.

M.) Photography or Filming

• Filming or photography is not permitted at any time without prior written approval. • If filming or photography is permitted, no student, st aff, teacher, administrator and, or employee of the WCCUSD can be captured without express permission from WCCUSD.

N.) Cancellation Policy

• The group or user may cancel its facility use permit by written notice delivered to the Theater Manager or WCCUSD at least thirty (30) days prior to the start of the permit without further financial obligations to the El Cerrito High School Performing Arts Theater or WCCUSD.
• The $50 consultation fee is not refundable.
• If its reservation is canceled less than thirty (30) days prior to the permit start date, user/group must pay the full amounts owed.
• WCCUSD will effect a termination by delivering a written notice to an authorized representative of the group
• WCCUSD and/or El Cerrito High School will not be liable for any costs incurred by group or user in preparing for cancelled performances or for lost profits or consequential damages arising from cancelled performances.

7 [Signatures on following page]

By initialing each page of these procedures and by the signature below I certify that I have received, read, and understand the policies and procedures provided. I understand that my signature indicates agreement to these policies and procedures and that failure to comply can result in financial recourse and/or eviction.

Date:

Client Authorized

Date:

Theater Manager

Date:

Site Administrator

Date:

Facilities

APPENDIX E
DeAnza High School Performing Arts Theater Usage Policy (July 2018)

This usage policy agreement outlines policies and procedures for usage and rental of the DeAnza High School Performing Arts Theater. Additional policies and procedures may apply as outlined in the WCCUSD Facilities U se Policies and Procedures . Whenever possible, DeAnza High School Theater makes its facilities available to the community for events, productions, lectures, performances, etc. DeAnza High School or WCCUSD reserves the right to deny any request for use of its facilities that may conflict with the Theater’s primary mission of school use and/or district use of the theater. A s follows, policies and pr ocedures become effective once the Facilities Use Permit for the theater is signed by the User, Site Administrator(s), Theatre Manager, and Facilities Management.

Theater Contact Information:
• Theater Manager: Dan Brandon
• Contact: (510) 231-1440 ex. 27038
• Cell: (510) 383-6275
• E-Mail: [email protected]

Additional Contacts:

• Site Administrator: Summerlyn Sigler (510) 231-1440
• Facilities: Rina Prasad at (510) 231-1113 or [email protected]

A.) Rooms/Facilities Included in Usage Agreement:

Users of DeAnza High School facilities agree upon an “as is, where is” and are expected to accept the facilities in the condition existing at the start of the permit and return them to this condition upon the end of permit. No food or drinks shall be allowed in the theater at any time (including: ho use, stage, or agreed facilities); smoking or alcohol is not permitted in any WCCUSD facilities, school grounds, or adjoining buildings.

Permits for usage of the DAHS Performing Arts Theater include the:
-Control Room
-A/V Room
-Dimmer Room
-House (380 seat capacities)
-Front Lobby with two bathrooms
-Theater Store
-Ticket Booth/House Manager’s room
-Green Room
-2 Dressing Rooms M/F
-Classroom (Located in the Performing Arts wing)
-Loading Gallery

Use of the DeAnza High School Performing Arts Theater does not include any other facility, classroom, or adjoining space without written consent from the site administrator. Even though the Band and Choir rooms are a part of the Performing Arts building, they are NOT included with a use.

B.) Use Availability and Scheduling:

Any user of the DeAnza Performing Arts Theater can make requests by following the guidelines noted below:

The theater is available for use during the days and hours of:

Monday – Thursday: 4:00pm – 10:00pm
Friday: 4:00pm – 11:00pm
Saturday - Sunday: 8:00am – 11:00pm

First priority will always be given to DeAnza High School programs. All other groups requesting usage of the DAHS Performing Arts Theater will be scheduled on a first come, first served basis.

In an unlikely event, WCCUSD reserves the right revoke permits without prior notice in extreme circumstances when the need of the facilities is required by DeAnza High School and/or WCCUSD. Advanced notice will be given to the user as soon as possible. DeAnza High School reserves the right to use its spaces and facilities during uses of the Theater provided that such use does not unreasonably interfere with the events, productions, and/or performances in the Theater.

All applications must be completed on- line using the following web address:
http://www.communityuse.com/default.asp?acctnum=553378094 This will be routed to the theater manager for consultation

Follow instructions on: Refer to Appendix H & I
• How to Create a Log In
• How to Login and Submit a Request for Facility Use at WCCUSD

• Applications must be completed and submitted to the DAHS Theater Manager eight (8) weeks prior to the requested use date(s).
• All Facilities Usage Permits must be accompanied with technical requests (i.e. lighting, sound, custodial, special support services) for consideration. • Applicants will be notified of date availability during their theater consultation. • After the requested date(s) have been cleared with the Theater Manager, the permit request will be routed to the Site Administrator(s) and then the WCCUSD Facilities Use Office for cost estimates and final approval. • The permittee will be notified by the facilities use coordinator.

C.) Consultation:
• A consultation with the Theater Manager will be required for all groups requesting usage to go over all areas of the DAHS Performing Arts Theater in regards to date availability, scheduling, technical needs, fees, terms of use, and to make sure there is a complete understanding by both parties. • There will be a $50 non-refundable fee for the consultation. • Additional technical expertise may be required for certain types of events. In such case, the Theater Manager will require a joint consultation with an outside technical expert. All fees associated with additional technical support must be paid by the user group. The Technical Consultant will evaluate services requested and quote the cost for technical support from the WCCUSD approved technician.

The DAHS Performing Arts Theater will operate within its technical capacity and will not go beyond reasonable accommodation of the facility. • WCCUSD (at their discretion) may require additional security at the applicant’s cost depending on the type and scope of the event.
• At the end of the Facilities Usage Permit date and when the production, event, or performance has closed, a walkthrough conducted by the Theater Manager or Site Administrator will be completed to ensure the compliance of policies and procedures have been followed.

D.) Usage Fees:
• There is a 4-hour minimum for use of the PAC.
• Load in and breakdown time included in the 4-hour use. • All Fees must be paid fifteen (15) days prior to the event to avoid event cancellation.
• A minimum of (30) days is required for cancellation of any event in order to be eligible for a refund.

Community User Groups: User is required to pay for the following by the hour (4-hour minimum) during the operating hours of the theater.

Hourly Theatre Rates:

Monday-Thursday: $180
Friday-Sunday: $220

*Hourly theater rate includes site supervisor, custodial, and direct costs *Discounts available with proof of 503(c) Non-profit AND by providing direct benefit(s) to WCCUSD students. Please ask for further details.

Additional Technicians per request:

• Lighting Technician: $25
• Sound Technician: $25
• Fly/Rig Technician: $25
• A.V. Technician: $25
• Student Stagehand: $13

Commercial User Groups: User is required to pay for the following by the hour (4-hour minimum) during the operating hours of the theater.

Hourly Theater Rate:
• Monday-Thursday: $300
• Friday-Sunday:
$320
*Hourly theater rate includes site supervisor, custodial, and maintenance costs

Additional Technicians per request:

• Lighting Technician: $25
• Sound Technician: $25
• Fly/Rig Technician: $25
• A.V. Technician: $25
• Student Stagehand: $13

E.) Proof of Insurance:

Liability: $1,000,000
General Aggregate: $2,000,000
Personal Injury: $1,000,000
Fire Damage: $100,000
Medical Expense: $5,000

F.) Condition of Theater:
• Approved usage of the DeAnza High School Performing Arts Theater allows users to use the facilities on an “as is, where is” basis and are expected to accept the facilities in the existing condition.
• Failure to leave the stage as found may result in non-approval of future requests, additional fees to the group using, and/or cost of removal of items left behind. • The backstage hallway, dressing rooms, green room, front lobby, store, ticket booth, and loading gallery must remain clean and free of clutter during the entire length of the permit for the facility.
• For groups with minors, a monitor or supervisor must be provided backstage for all events. The name of the designated supervisor(s) must be made available to the Theater Manager prior to the scheduled event.
• Depending on the time of year, school programs may have props or equipment on the stage, which shall not be moved without the approval of the Theater Manager. In most cases, the stage will be clear of such items and should be left in the condition it was found.

G.) Facilities and Equipment Alterations:
• Under no circumstance should the DeAnza High School Performing Arts Theater be altered, designed, built upon, or changed in any way. This includes and is not limited to:
painting walls, nailing/screwing structures into the walls or floors, moving lighting instruments, audio equipment, taping, and/or control booth equipment. • There shall be no alterations or changes to the orchestra pit, house seating, house walls, balcony, windows, dressing rooms, bathrooms, or green room. • School equipment including classroom chairs, desks, music stands, and/or classroom materials are not permitted to be used without express permission of the theater manager.

Such use will be advised during the consultation.
• Any and all painting and/or building of sets must be arranged prior to moving into the Theater unless expressly permitted by the Theater Manager.

H.) Theater Equipment Usage:
• DAHS Performing Arts Theater equipment is to be operated only by the Theatre Manager, hired Technicians, or trained staff/students so as to protect DAHS theater property and the safety of those in the Theater.
• Lighting in the DAHS Performing Arts Theater has a standard “house-plot” that is to be used for all events, performances, and productions in the Theater. House-plot light fixtures may not be removed, however lights may be added to the existing plot and placed based on the needs of the production. All groups or users are required to return added light fixtures to their original settings or location in a reasonable amount of time. Groups and users will be held accountable for any broken, damaged, altered, or stolen lighting equipment. The DAHS theater lighting equipment runs on ETC Paradigm Net 3 networking and has the capacity of moving instruments. Please work with the Th eater Director on specific lighting requests of the theater.
• Sound in the DAHS Performing Arts Theater has a standard patched system that is used for all events, performances, and productions in the Theater. The Theater is equipped to handle up to 64 channels for audio/sound equipment. Groups in need of multiple channels or microphones must plan on providing their own equipment if needs exceed available equipment in the Theater. Groups and users will be held accountable for any broken, damaged, altered, or stolen sound/audio equipment. The DAHS theater has a digital mixing console with a fully modern integrated station to accommodate several requests for mixing sound, playback, and live amplification. There are also 13 por table acoustical shells available for live sound productions to enhance audience experience. • Video within the DAHS theater has the most digitally advanced applications for presentations, pr oductions, and live performances. An Oppo Blu-Ray to playback any digital format, integrated with 7.1 surround sound and widescreen projection, for quality, comfortable viewing. Several inputs inside the stage to accommodate HDMI, VGA, and S-Video applications. Please inquire during the consultation to understand the full capacity of video within the site.
• Rigging/Fly is not available at the DeAnza HS Theater. The stage is equipped with two moving curtain t ravelers (front, back), three dead hung leg curtains, and a whi te cyclorama. There also is a walkable g rid above the stage that will allow for hanging/focusing of lighting instruments. If you have questions regarding hanging items, such as backdrops, scenery, or curtains, please ask during the consultation. • Digital Recording Studio availability at the DAHS theater. A Yamaha DM-1000 mixing console with pr ofessional recording equipment, Pro Tools HD 10, and 5.1 surround playback for creating any quality performance. Use of this space is by request and will incur additional fees in accordance with a professional sound engineer/mixer. The starting rate will be at least $50 per hour to include recording, mixing, editing, and duplicating of any performance. Please inquire during the consultation about this space.

I.) Storage:
• Student safety is the primary concern for any storage arrangement. • Productions that take place on consecutive weekend days (Friday 4:30pm – Sunday 10:00pm) are permitted to store equipment and scenery for that weekend only. • Scenery and equipment left on stage during an extended event, performance, or production are subject to the approval of the Theatre Manager. • WCCUSD and/or DeAnza High School employees, staff, administrators, students will not be held responsible for theft or damage of any sets or equipment left in the DeAnza Performing Arts Theater.
• Scenery, equipment, props, etc. may not be left on site for storage outside of the permit period; subject of leaving such items will result in additional costs to user for removal or storage. Loss or damage of props or equipment left on stage or on the premises is not the responsibility of DAHS or the WCCUSD employees, staff or administrators.

J.) Merchandise and Concessions Sales
• Merchandise and/or sales items are not permitted during the use of the DeAnza Performing Arts Theater. Concessions are permitted, but must be given prior approval from DeAnza High School. All concessions must take place inside the lobby or outdoor space available.

K.) Publicity
• Groups and users are held solely responsible for marketing and publicity of their event, performance, or production. WCCUSD and/or DeAnza High School do not solicit materials or publications on behalf of the user. • Prior written consent must be agreed by the DeAnza High School Performing Arts Theater in regards to publishing on any media, including but not limited to, print, video, television, social media, and web publishing.
• Groups or users must not in any way alter, change, exploit, solicit, sponsor and/or affiliate the name of the facilities as reads: West Contra Costa Unified School District, DeAnza High School, and/or DeAnza Performing Arts Theater.

L.) Photography or Filming
• Filming or photography is not permitted at any time without prior written approval. • If filming or photography is permitted, no student, staff, teacher, administrator and, or employee of the WCCUSD can be captured without express permission from WCCUSD.

M.) Cancellation Policy
• The group or user may cancel its facility use permit by written notice delivered to the Theater Manager or WCCUSD at least thirty (30) days prior to the start of the permit without further financial obligation to the DeAnza High School Performing Arts Theater or WCCUSD.
• The $50 consultation fee is not refundable.
• If its reservation is canceled less than thirty (30) days prior to the permit start date, outside user must pay the full amounts owed. • WCCUSD will effect a termination by delivering a written notice to an authorized representative of the group
• WCCUSD and/or DeAnza High School will not be liable for any costs incurred by group or user in pr eparing for cancelled performances or for lost profits or consequential damages arising from cancelled performances.

____________________________________
Client Authorized

Date:
____________________________________
Theater Manager

Date:

____________________________________
Site Administrator

Date:
____________________________________
Facilities
____________________________________
Date:

APPENDIX F

WEST CONTRA CONTA UNIFIED SCHOOL DISTRICT
Operational Cost
2019-2020
Utilities and Maintenance Fee Estimated #
of
Attendees
Regular Time &
Half
Flat Rate
Maintenance & Utility Fee
0 - 4 Hours $16.00
4 - 8 Hours $32.00
Add $4.00 for each additional hour

Permit Fee $22.00

Support Staff
Custodian Fees Flat Rate 0-299 $26.00
Custodian Fees (M-S) OT 0-299 $39.00
Custodian Fees (Sundays) 0-299 $52.00

Grounds Person Flat Rate 0-299 $28.00
Grounds Person (M-S) OT 0-299 $43.00
Grounds Person (Sundays) 0-299 $57.00

Electronic Tech/PA System (M-S) OT $35.00 $52.00
Electronic Tech/PA System(Sundays) $69.00

Food Service Worker (M-S) $26.00 $39.00
Food Service Worker (Sundays) $52.00

NOTE: In the weekends and during the school holidays, custodians and the grounds person start half an hour early and finish one hour after the event.

The above rates are based on estimated number of attendees not exceeding 300. Add 1 custodian for every 300 attendees.

Add a custodian and a grounds person for all user groups using locker rooms.

The permittee is responsible for providing own security officer.

APPENDIX G

WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
Fee Schedule 2019-2020

FACILITY TYPE HOURLY RATES
Non-Profit Fair Market Rate
Auditorium (Harding Elementary) $ 15.00 $ 25.00
Cafeteria/MPR $ 15.00 $ 25.00
Library $ 10.00 $ 15.00
Locker Room $ 10.00
Kitchen $ 15.00 $ 20.00

Gymnasium
Entire Gym $ 15.00 $ 25.00
Half Gym $ 10.00 $ 15.00
Entire Gym with stage & seating $ 20.00 $ 30.00
Half Gym with stage & seating $ 15.00 $ 20.00

Field and Athletic Facilities
All Weather Turf Field $ 15.00 $ 25.00
Tennis Court $ 10.00 $ 15.00
Baseball Field $ 5.00 $ 10.00
Softball Field $ 5.00 $ 10.00
Stadium (El Cerrito High School) $ 20.00 $ 30.00
Black Top Area $ 5.00 $ 10.00
Parking Lots $ 5.00 $ 10.00

Theater (ECHS/DeAnza) 4 Hour Minimum
Monday-Thursday $ 180.00 $300.00
Friday-Sunday $ 220.00 $320.00
Additional Technicians per request
Lighting Technician $ 25.00 $ 25.00
Sound Technician $ 25.00 $ 25.00
Fly/Rig Technician $ 25.00 $ 25.00
A.V. Technician $ 25.00 $ 25.00
Student Stagehand $ 13.00 $ 13.00
Special Equipment Fees
Overhead Projector $ 10.00 $ 20.00
Portable PA Systems $ 5.00 $ 10.00
Processing Fee $ 22.00 $ 22.00
Maintenance and Utility Fee $ 32.00 $ 32.00

APPENDIX H

How to Create Log in:
1 Go to: https://www.communityuse.com/default.asp?acctnum=553378094 2 Click on Log in to Request Facility Use

3 Create One
4 Terms and Conditions
5 Check on the box: have read and agreed to abide by the terms and conditions stated above. 6 Then click Agree and Register

7 Complete Personal Profile

8 Submit Request

APPENDIX I
How to Login and Submit a Request for Facility Use at
West Contra Costa Unified School District

Go to: https://www.communityuse.com/default.asp?acctnum=553378094 At the top of the page, you’ll see a link to Login to Request Facility Use. Click here to login.

If you have already registered, enter your login name and password into the form and click Login:

When you login, you will start on the Home tab. Here you can view the calendar. If no events are showing, be sure you have a Location selected. Anytime you make a filter choice on the Calendar, be sure to click the Filter button. (See Yellow Arrows below)

You will also see some tabs at the top of the page. To begin making a request choose Request Facility Use tab.

Note: if this is your first time making a request through CommunityUse, you will be asked to read the terms and conditions that the district provides. You will also be asked to verify you agree to these terms each time you submit a request.

Choose Location
Click Filter

You have two forms to choose from when submitting a request.

1. The Normal Schedule Form is the easier to use. It will allow you to request up to 20 events at one time. All of your events should be in the same room(s) at the same time over different days.

2. The Recurring Schedule form will allow even more events. You can choose up to 100 events with this form, and the events should be in the same room(s) at the same time over different days – and these days will happen on a recurring basis (e.g. every Monday and Wednesday for a month, or every Sunday for a year, etc.)

Let’s start with a
Normal Schedule.

You will be asked to fill in some required fields. These are indicated with an orange vertical line You can also ‘hide’ sections of the page by clicking on the icon. You can use this feature to help minimize scrolling and to keep track of sections of the request page you have already completed. The icon allows you to jump to different sections of the page. 1 2

1. After you’ve entered your Event Title,

2. You will be asked to choose a Location & Room. You can select up to 50 rooms by using the CTRL key to highlight your choices. Contact Rina Prasad at Facilities Use Office on 510-231-1113 or [email protected] for additional rooms.

3. You can enter the Event Date by typing in the date, or clicking it off of the calendar.

4. Then enter your event time. Times must be in 15 minute increments, so be sure to enter the broadest range of time required to accommodate your event.

5. You are required to
This feature will look for conflicts with events that have already been approved on the calendar. Your requested rooms will show at the top, and the time frame you’ve requested will show in a yellowish color. If you see a black or red X in the box – there is already an event scheduled at that time. The system will allow you to proceed with entering your request even when a conflict is present. This will likely slow the processing time of your request, and may result in the request being declined based on district policy. Please consult the district or educational institution on their policies regarding double booking.
1 2
3 4

For a Recurring Schedule follow the same steps as above with the exception of entering dates. The date range field will look like this:

Recurrence Patterns:
• Daily – this is every day in the date range including weekdays and weekends

• Weekly – Use this for meetings on specific days of the week. Choose Recur every “1” week for your weekly meetings and then choose the day of the week as well • Monthly – You can have a meeting on a specific date(like the 15th) of each month, or you can choose the second option which allows you to choose a floating date like the Second Weekday of Every 1 month. Choosing every 3 months would be a quarterly meeting and every 6 months for bi-annual meetings, etc.

Next you will select your Organization. Only the organization(s) you’ve been approved for will show in the list. You will be able to see ALL contacts with that group.

Setup Requirements and Rental Requests
:

If your organization has Setup Requirement enabled, you will be able to request special services. Simply check the box and then you can enter detailed setup information in the box. Some services may be limited to district use. There may be fees associated with some services.

Look under the Help tab and contact your district liaison for more information on services, availability and cost.

1 2
3 4
5 Event Information

1. Total Attending - Enter the approx. number attending

2. Yes, please display events on the community calendar – leave this box checked unless the district indicates otherwise.

3. Other Needs- Additional information about your request can be entered here. If you have Setup Requirements enabled, it is recommended that as much information be put in those fields as possible

4. Signature/Terms & Conditions- this is your Email address that you logged in with. It will need to match exactly and is case sensitive. You are also asked to confirm that you have read the Terms and Conditions. You can click the words ‘terms and conditions’ to review the district policy info.

5. Submit - After you have completed all required fields, entered your email signature and agreed to the Terms and Conditions, click “Submit” to enter your request

If your request was successfully entered, the webpage will reload and you will see a message like this:

Schedule #11111 has been saved!
You should also receive an email notification confirming your request was received. Save this email and refer to the Schedule ID number should you have any questions or need to make any changes.

Please allow at least ten (10) day for the request to be processed by the district. If you have any questions contact Rina Prasad on 510-231-1113

The “My Organizations” Tab:

You can come here to review the Organization(s) that you have been approved to submit request for.

Clicking the Organization Name will take you to the Organization Information page, where you can verify Address and other important information including Insurance Information. Please contact your CommunityUse administrator if any of the information is inaccurate or out of date to have this updated.

The “My Settings” Tab
:

You can come here to update your personal contact information or reset your password.

Be sure to click Submit to save any changes.

Thank you for using the Community Use site to submit your online requests.

Contact Rina Prasad
West Contra Costa USD
1400 Marina Way South
Richmond, CA 94801
510-231-1113
[email protected]

APPENDIX J
Richmond High School Performing Arts Theater Usage Policy (December 2018)

This usage policy agreement outlines policies and procedures for usage and rental of the Richmond High School Performing Arts Theater. Additional policies and procedures may apply as outlined in the WCCUSD Facilities Use Policies and Procedures. Whenever p ossible, Richmond High School Theater makes its facilities available to the community for events, productions, lectures, performances, etc. Richmond High School or WCCUSD reserves the right to deny any request for use of its facilities that may conflict with the Theater’s primary mission of school use and/or district use of the theater. As follows, policies and procedures become effective once the Facilities Use Permit for the theater is signed by the User, Site Administrator(s), Theatre Manager, and Facilities Management.

Theater Contact Information:
 Theater Manager: Samantha Verbeck
 Contact: 510-231-1450 x27607
 E-Mail: [email protected]

Additional Contacts:

 RHS Front Office: 510-231-1450
 Facilities: Rina Prasad at (510) 231-1113 or [email protected]

A.) Rooms/Facilities Included in Usage Agreement:

Users of Richmond High School facilities agree upon an “as is, where is” and are expected to accept the facilities in the condition existing at the start of the permit and return them to this condition upon the end of permit. No food or drinks, excepting water shall be allowed in the theater at any time (including: house, stage , or agreed facilities); smoking or alcohol is not permitted in any WCCUSD facilities, school grounds, or adjoining buildings.

Permits for usage of the RHS Performing Arts Theater include the:
• -Control Room
• -House (650 seat capacities)
• -Front Lobby with two bathrooms
• -Green Room
• -2 Dressing Rooms

Use of the Richmond High School Performing Arts Theater does not include any other facility, classroom, or adjoining space without written consent from the site administrator.

Even though the media classroom is a part of the Performing Arts building, it is NOT included with a use.

B.) Use Availability and Scheduling:

Any user of the RHS Performing Arts Theater can make requests by following the guidelines noted below:

The theater is available for use during the days and hours of:

Monday – Thursday: 4:00pm – 10:00pm
Friday: 4:00pm – 11:00pm
Saturday - Sunday: 8am – 11:00pm

*District Holidays and summer hours can change to accommodate additional production requests

First priority will always be given to Richmond High School programs. All other groups requesting usage of the RHS Performing Arts Theater will be scheduled on a first come, first served basis. In an unlikely event, WCCUSD reserves the right to revoke permits without prior notice in extreme circumstances when the need of the facilities is required by Richmond High School and/or WCCUSD. Advanced notice will be given to the user as soon as possible.

Richmond High School reserves the right to use its spaces and facilities during uses of the Theater provided that such use does not unreasonably interfere with the events, productions, and/or performances in the Theater.

 All applications must be completed on- line using the following web address:
http://www.communityuse.com/default.asp?acctnum=553378094

This will be routed to the theater manager for consultation Follow instructions on: Refer to Appendix H & I
● How to Create a Log In
● How to Login and Submit a Request for Facility Use at WCCUSD

 Applications must be completed and submitted to the RHS Theater Manager eight (8) weeks prior to the requested use date(s).
 All Facilities Usage Permits must be accompanied with technical requests (i.e. lighting, sound, custodial, special support services) for consideration.  Applicants will be notified of date availability during their theater consultation.  After the requested date(s) have been cleared with the Theater Manager, the permit request will be routed to the Site Administrator(s) and then the WCCUSD Facilities Use Office for cost estimates and final approval.
 The permittee will be notified by the facilities use coordinator.

C.) Consultation:
 A consultation with the Theater Manager will be required for all groups requesting usage to go over all areas of the RHS Performing Arts Theater in regards to date availability, scheduling, technical needs, fe es, terms of use, and to make sure there is a complete understanding by both parties.
 There will be a $50 non-refundable fee for the consultation.  Additional technical expertise may be required for certain types of events. In such case, the Theater Manager will require a joint consultation with an outside technical expert. All fees associated with additional technical support must be paid by the user group. There is an additional $50 non- refundable fee for this consultation to be paid in advance. The Technical Consultant will evaluate services requested and quote the cost for technical support from the WCCUSD approved technician. The RHS Performing Arts Theater will operate within its technical capacity and will not go beyond reasonable accommodation of the facility.  WCCUSD (at their discretion) may require additional security at the applicant’s cost depending on the type and scope of the event.
 At the end of the Facilities Usage Permit date and when the production, event, or performance has closed, a walkthrough conducted by the Theater Manager or Site Administrator will be completed to ensure the compliance of policies and procedures have been followed.

D.) Usage Fees:
 There is a 4-hour minimum for use of the PAC.
 Load in and breakdown time included in the 4-hour use.  All Fees must be paid fifteen (15) days prior to the event to avoid event cancellation.  A minimum of (30) days is required for cancellation of any event in order to be eligible for a refund.

Community User Groups : User is required to pay for the following by the hour (4 -hour minimum) during the operating hours of the theater.

Hourly Theatre Rates:

Monday-Thursday: $140
Friday-Sunday: $170

*Hourly theater rate includes site supervisor, custodial, and direct costs *Discounts available with proof of 503(c)Non-profit AND by providing direct benefit(s) to WCCUSD students. Please ask for further details.

Additional Technicians per request:

 Lighting Technician: $25
 Sound Technician: $25
 Fly/Rig Technician: $25
 A.V. Technician: $25
 Student Stagehand: $13

Commercial User Groups : User is required to pay for the following by the hour (4 -hour minimum) during the operating hours of the theater.
 Hourly Theater Rate:
• Monday-Thursday: $220
• Friday – Sunday: $ 240
*Hourly theater rate includes site supervisor, custodial, and maintenance costs

Additional Technicians per request:

 Lighting Technician: $25
 Sound Technician: $25
 Fly/Rig Technician: $25
 A.V. Technician: $25
 Student Stagehand: $13

E.) Proof of Insurance:

Liability: $1,000,000
General Aggregate: $2,000,000
Personal Injury: $1,000,000
Fire Damage: $100,000
Medical Expense: $5,000

F.) Condition of Theater:
 Approved usage of the Richmond High School Performing Arts Theater allows users to use the facilities on an “as is, where is” basis and are expected to accept the facilities in the existing condition.
 Failure to leave the stage as found may result in non-approval of future requests, additional fees to the group using, and/or cost of removal of items left behind.  The backstage hallway, dressing rooms, green room, front lobby, store, ticket booth, and loading gallery must remain clean and free of clutter during the entire length of the permit for the facility.
 For groups with minors, a monitor or supervisor must be provided backstage for all events.

The name of the designated supervisor(s) must be made available to the Theater Manager prior to the scheduled event.
 Depending on the time of year, school programs may have props or equipment on the stage, which shall not be moved without the approval of the Theater Manager. In most cases, the stage will be clear of such items and should be left in the condition it was found.

G.) Facilities and Equipment Alterations:
 Under no circumstance should the Richmond High School Performing Arts Theater be altered, designed, built upon, or changed in any way. This includes and is not limited to:
painting walls, nailing/screwing structures into the walls or floors, moving lighting instruments, audio equipment, taping, and/or control booth equipment.  There shall be no alterations or changes to the orchestra pit, house seating, house walls, balcony, windows, dressing rooms, bathrooms, or green room.  School equipment including classroom chairs, desks, music stands, and/or classroom materials are not permitted to be used without express permission of the theater manager.

Such use will be advised during the consultation.
 Any and all painting and/or building of sets must be arranged prior to moving into the Theater unless expressly permitted by the Theater Manager.

H.) Theater Equipment Usage:
 RHS Performing Arts Theater equipment is to be operated only by the Theatre Manager, hired Technicians, or trained staff/students so as to protect RHS theater property and the safety of those in the Theater.
 Lighting in the RHS Performing Arts Theater has a standard “house -plot” that is to be used for all events, performances, and productions in the Theater. House -plot light fixtures may not be removed, however lights may be added to the existing plot and placed based on the needs of the production. All groups or users are required to return added light fixtures to their original settings or location in a reasonable amount of time. Groups and users will be held accountable for any broken, damaged, altered, or stolen lighting equipment. The RHS theater lighting equipment runs on ETC Paradigm Net 3 networking and has the capacity of moving instruments. Please work with the Theater Director on specific lighting requests of the theater.
 Sound in the RHS Performing Arts Theater has a standard patched system that is used for all events, performances, and productions in the Theater. The Theater is equipped to handle up to 64 channels for audio/sound equipment. Groups in need of multiple channels or microphones must plan on providing their own equipment if needs exceed available equipment in the Theater. Groups and users will be held accountable for any broken, damaged, altered, or stolen sound/audio equipment. The RHS theater has a digital mixing console with a fully modern i ntegrated station to accommodate several requests for mixing sound, playback, and live amplification.
 Video within the RHS theater has the most digitally advanced applications for presentations, productions, and live performances. Several inputs inside the stage to accommodate HDMI, VGA, and S-Video applications. Please inquire during the consultation to understand the full capacity of video within the site.
 Rigging/Fly is not available at the RHS theater. The stage is equipped with three moving curtain travelers (front, mid-stage, back), two dead hung leg curtains, and a white cyclorama.

If you have questions regarding hanging items, such as backdrops, scenery, or curtains, please ask during the consultation.

I.) Storage:
 Student safety is the primary concern for any storage arrangement.  Productions that take place on consecutive weekend days (Friday 4:30pm – Sunday 10:00pm) are permitted to store equipment and scenery for that weekend only.  Scenery and equipment left on stage during an ex tended event, performance, or production are subject to the approval of the Theatre Manager.  WCCUSD and/or Richmond High School employees, staff, administrators, students will not be held responsible for theft or damage of any sets or equipment left in the Richmond Performing Arts Theater.
 Scenery, equipment, props, etc. may not be left on site for storage outside of the permit period; subject of leaving such items will result in additional costs to user for removal or storage. Loss or damage of props or equipment left on stage or on the premises is not the responsibility of RHS or the WCCUSD employees, staff or administrators.

J.) Merchandise and Concessions Sales
 Merchandise and/or sales items are not permitted during the use of the Richmond Performing Arts Theater. Concessions are permitted, but must be given prior approval from Richmond High School. All concessions must take place inside the lobby or outdoor space available.

K.) Publicity
 Groups and users are held solely responsible for marketing and publicity of their event, performance, or production. WCCUSD and/or Richmond High School do not solicit materials or publications on behalf of the user.  Prior written consent must be agreed by the Richmond High School Performing Arts Theater in regards to publishing on any media, including but not limited to, print, video, television, social media, and web publishing.
 Groups or users must not in any way alter, change, exploit, solicit, sponsor and/or affiliate the name of the facilities as reads: West Contra Costa Unified School District, Richmond High School, and/or Richmond Performing Arts Theater.

L.) Photography or Filming
 Filming or photography is not permitted at any time without prior written approval.  If filming or photography is permitted, no student, staff, teacher, administrator and, or employee of the WCCUSD can be captured without express permission from WCCUSD.

M.) Cancellation Policy
 The group or user may cancel its facility use permit by written notice delivered to the Theater Manager or WCCUSD at least thirty (30) days prior to the start of the permit without further financial obligation to the Richmond High School Performing Arts Theater or WCCUSD.  The $50 consultation fee is not refundable.
 If its reservation is canceled less than thirty (30) days prior to the permit start date, Outside user must pay the full amounts owed.
 WCCUSD will effect a termination by delivering a written notice to an authorized representative of the group
 WCCUSD and/or Richmond High School will not be liable for any costs incurred by group or user in preparing for cancelled performances or for lost profits or consequential damages arising from cancelled performances.

________________________________
Client Authorized

Date: ___
______________________________
Theater Manager

Date: _______

________________________________
Site Administrator

Date: ___
_______________________________
Facilities

Date: ___________________

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 13 EXHIBIT “D”

CITY FACILITY USE RULES

FACILITY RENTAL AGREEMENT

RULES & REGULATIONS
Recreation Division
Revison June 2021

A. City - Public meetings and/or events which are approved and co-sponsored by the City of San Pablo.

B. *Non-Profit/Governmental – Meeting and/or events for which there is no entry fee for participation or attendance offered by nonprofit organizations which are a bona- fide 501(c) organization or governmental agency.

C. Private - Private meetings and/or events for which there are no entry fees for participation or attendance.

D. For Profit/Commercial - Private, business meetings, seminars, parties, auctions, fundraisers or other events where an entry fee is collected/charged or funds are raised. *To qualify for nonprofit rates, applicant must be listed as an officer or agent for the Organization on the State of California nonprofit status. Applicant must provide a copy of their letter of nonprofit status from the CA Secretary of State's office with their nonprofit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non- profit status, check/charge card, and permit must all be in the same name.

A. Reservations for use of the facilities may be made by contacting the San Pablo Community Center (2450 Road 20, San Pablo, CA 94806) , 8:00am to 5:00pm, Monday through Friday and are taken via-email at [email protected].

B. Reservations will be booked no more than one (1) year in advance. Reservations dates requested in less than thirty (30) days will need approval of the department head or designee before the booking will be made.

C. A facility rental application, application fee (non-refundable) and facility deposit must be paid in full to secure the reservation. Proof of residency is required for all a pplications. The reservation must be approved by the City a minimum of 30 days prior to the requested date of use. If scheduled less than 30 days in advance, all fees are due in cash at time of reservation.

D. All reservations shall include time for preparation, event time, and clean- up in 1-hour increments. Refunds will not be given for unused time. A completed facility rental application, agreement, and a facility deposit must be paid to the City of San Pablo prior to approval of the facility use. The b alance of all fees are due 30 days prior to the event. If payment is not received City may cancel facility reservation.

E. In order to process a reservation, applicant must be at least 21 years of age or older and must Section II – RESERVATION OF FACILITY Initial:

Section I – USER DEFINITIONS Initial:

be present throughout the entire use of the rental. The deposit will be refunded to the original applicant with the address written on the application at time of reservation.

F. Due to liability, the City of San Pablo does not allow jumpers or any inflatables on any City property. This includes parks and/or facilities.

G. The application fee and deposit are non-refundable at any point of cancellation.

H. Original applicant must request in writing thirty-one (31) days before the rental date any refund of fees other than the application fee and deposit. Requests shall be submitted by email ([email protected]), fax (510-215-3015) or letter to the Recreation Division (2450 Road 20, San Pablo CA 94806).

I. The City reserves the right to cancel any rentals after further review of the application, including but not limited to a background check by the San Pablo Police Department. All rental applications requesting the use of alcohol will be subject to a background check by the San Pablo Police Department.

J. Once the rental agreement is appr oved, the applicant has seven (7) days to make any modifications at no additional cost. Modifications made after seven (7) days will be assessed a $35 fee per request. ; Modifications made 7 -14 days prior to the event will be assessed a $50 fee per request. No modifications are allowed to the agreement within 7 days of the event.

K. On some occasions, it may become necessary to reschedule or relocate certain activities, which were authorized within the facility due to scheduling conflicts. If this occurs, the applicant will be given advanced notice by the Recreation Division in order that the change does not greatly inconvenience the party or parties involved. In any event, the Recreation Division reserves the right to reschedule or cancel any event at its sole discr etion without liability, subject to refund of all monies deposited by the applicant with the Recreation Division.

L. COVID-19 Pandemic. All City of San Pablo rentals and rental attendees must be in compliance with current health orders issued by the Contra Costa County Department of Public Health at: https://www.coronavirus.cchealth.org/health-orders and any applicable Cal OSHA orders. Renters shall comply with these requirements and contact City staff immediately if there is any issue with compliance.

M. If your cancellation is less than 30 days prior to your rental date, 100% of the entire rental fee including Facility Deposit will be retained. Initial here .

A. Facility Requirements may be altered to meet any COVID-19 related requirements up to and including cancellation of an event. If the City is forced to cancel an event due to COVID-19, all fees including the Booking Fee and Facility Deposit will be returned to the renter or the renter may choose to rebook the event within one year.

B. After the application for use of the recreation facility is approved by the City, the person or organization requesting the use will be provided copies of the application, facility rental agreement and alcohol use permit if applicable. These items will specify the nature of the use, the extent of the use and the conditions under which the use will be permitted. The applicant must agree to abide by all rules and regulations governing the use of the facility. Any failure Section III – FACILITY REQUIREMENTS Initial:

to so abide may result in revocation of the rental agreement by the City and the forfeiture of all fees or deposits that have been paid.

C. Facilities may be closed as determined by the City during inclement weather or for maintenance purposes.

D. Facilities are multi- use facilities and may have other activities and events occurring at the same time as your event.

E. A facility layout diagram is provided for the applicant in order to provide specific set -up instructions. All set-up requests must be submitted 2-weeks prior to the rental date.

F. Applicant is required to have City staff throughout the duration of the rental who will provide set-up and take-down of tables and chairs per the layout submitted by the applicant.

G. Applicant is required to take down all decorations and clean up after the event by leaving the facility in the condition in which it was provided at the start of the rental.

H. Any parties remaining in the facility beyond the scheduled rented time will be subject to the hourly charge of the facility plus an additional $40/hour for staffing costs.

I. Facility capacity maximums are strictly enforced including those outlined by any COVID -19 related County Health Orders or applicable Cal OSHA orders. The maximum capacity for an event includes all adults and children, including caterers, DJ/band, party planners, etc.

Violation of the capacity limits will result in immediate termination of the event and forfeiture of some or all of the facility fees paid.

No reservations are allowed for memorials, funerals, vigils, repass services, viewings, or other rentals that pertain to a ceremony honoring a person who has passed away.

B. Alcohol is not permitted in any park or park facility, including spectators or event goers.

C. No overnight rental use is allowed.

D. The Church Lane Senior Center is only available for reservation on Sundays.

E. No group or individual, political or otherwise, that advocates the immediate overthrow of the United States Government or the government of the State of California by force or violence or other unlawful means may use the City’s facilities for such purposes.

F. Campaign events are not allowed to avoid appearance that City is endorsing a particular candidate or initiative.

G. No activity shall be allowed which will cause a substantial danger or damage to the facility, grounds or neighborhood, nor shall any activity be allowed which is deemed not to be in the best interest of the City. Decisions regarding this shall be made by the City.

Section IV – INELIGIBLE APPLICANTS OR ACTIVITIES Initial:

A. The City of San Pablo is not responsible for any lost or stolen property.

B. Smoking (including E-cigarettes) is not permitted in any indoor area, and State Law prohibits smoking within 20 feet of a door or operable vent to a public building. Applicants are responsible to make sure their guests are respectful of these regulations and other users of the facility.

C. Only City-trained staff are allowed to operate the audio/visual equipment.

D. Children attending the event must be under adult supervision at all times. Children are not allowed to run around the facility unsupervised.

E. No objects are allowed in facility fountains.

F. Authorized City employees shall have the right to enter all facilities at any time during rentals.

G. Reservation cannot be transferred, assigned, or sublet.

H. Reservation dates cannot be changed or transferred to a different date less than sixty (60) days before the original reservation date (see cancellation/refund section).

I. The City reserves the right to amend fees and charges as deemed necessary. Previously approved reservations will not be affected by new rates.

J. The City of San Pablo reserves the right to change, adjust or delete any of the rules and regulations. Any and all request/variances of these rules shall be considered individually and shall not be automatically applied as a matter of precedent to past or future uses of a similar nature. Request for a waiver of any stated rule shall be directed, in writing, to the Recreation Division ninety (90) days prior to the date of use.

K. All applicants, entities or organizations using city facilities for public or private events shall use compostable or recyclable disposable food ware, and are encouraged to use reusable food ware in place of disposable food ware where practicable, per Section 5.13.030 of the City of
San Pablo Municipal Code. Use of plastic foam food or beverage containers (for example, StyrofoamTM) is strictly prohibited within the City. First -time violations of this requirem ent will result in a fine of $100 withheld from your security deposit and subsequent violations in the same year will result in higher fines as outlined in
Section 1.10.030 of the Municipal Code. The
City strongly encourages recycling. Please use the bins provided to separate recyclable materials from other wastes. The City composts all food waste, food soiled paper, and flower/plant materials. Please use the green waste bin provided to separate your food scraps, food soiled paper and flower/plant material from other wastes.

L. Tables and chairs are to be used indoors only and only for the specific use for which they are intended. Standing on tables or chairs, or sitting on tables is prohibited and the applicant will be charged for damages if this occurs.

Section V – GENERAL REGULATIONS/NOTICES Initial:

M. Applicant and attendees shall comply with all applicable Laws, rules and regulations which includes, in part, “…all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the facility. Any applicant or attendee violating the established Rules and Regulations, or constituting a public nuisance may be required to leave the facility and premises. Should the staff member on duty find that any facility users are in violation they will attempt to make contact with th e primary applicant, who is responsible for resolving the situation. If no resolution is made, the staff member may choose to shut down the event. If necessary, police will be contacted.

A. The use of alcoholic beverages must be requested in writing and submitted at the time of application. All written requests must detail the nature of the event, all types of alcohol to be served, and claim full responsibility for any problems that may occur due to the presence of alcohol. The request will be reviewed by the Police Department and may be denied or conditioned due to nature of the event or criminal background of applicant or invitees.

B. Alcohol may be served for a limit of five (5) hours total over the course of the event, and must stop one (1) hour prior to the conclusion of the event.

C. Alcohol is not allowed at youth-oriented events or events held in the honor of a minor (Christenings, birthdays, youth graduations, quinceañeras, Bar or Bat Mitzvahs, etc.).

D. No consumption of alcohol is permitted outside of the facility, i.e. parking lot, sidewalks, streets, landscaped areas etc.

E. A group or organization wishing to sell alcoholic beverages (or tickets for alcohol) at their event must obtain a valid License from the California Department of Alcohol Beverage Control (ABC). The ABC License must be on file in the Recreation Division 14 days prior to the use and the License must be prominently displayed during the event. City staff is required to check the License prior to allowing the sale or distribution of alcohol at the event. ABC will issue a one-day license to 501(c)(3) non-profit groups who wish to sell admission tickets, beer or wine at a fundraising event. The local ABC Office is located at: 1515 Clay Street, Suite 2208, Oakland, CA 94612, (510) 622-4970.

F. Evidence of this license must be on file at the Recreation Division office at least fourteen (14) days prior to the event/function. If no license is provided, then the facility reservation will not be able to sell alcoholic beverages at their function.

G. If alcohol is used without a license, the event will be ended immediately without warning, and the entire security deposit and rental fees will be forfeited. If necessary, police will be contacted.

H. If applicant reserves an event and indicates that there will be no alcohol at the event and an applicant or any guest brings any type of alcohol to the event, it will result in the forfeiture of the full facility deposit.

Section VI – ALCOHOL BEVERAGE REQUEST Initial:

A. The applicant shall be responsible for putting up any decorations and any special preparations necessary for the function.

B. No storage or decoration deliveries are permitted before or after a reservation.

C. All decorations and tape shall be removed at the conclusion of the function. Applicant shall be responsible for the removal of all decorations, tape, special preparations, applicant's personal property, and any rented equipment immediately upon the conclusion of the event. N othing will be stored on site and will be thrown away at the conclusion of the rental.

D. All decorations must be applied with blue painter’s tape. The following items are not permitted on walls, windows or ceilings: cellophane, adhesive tape, nails, staples, screws, etc.

E. All decorative materials must be either made of non- combustible substance or treated with fire retardant, or state approved flame retardant.

F. Decorations may not be hung from light fixtures, ceilings, smoke detectors, emergency lights, or acoustical wall/ceiling tiles.

G. Open flames (such as lighted candles) are not allowed. Battery operated candles are acceptable. Due to the sensitivity of the fire/smoke alarm system and the lingering odor, incense or other smoke producing products are not allowed in any City facilities.

H. No rice, birdseed, fog machines, confetti, or hay bales are permitted at any City of San Pablo facility or on surrounding sidewalks and parking lots. Use will result in the loss of deposit(s).

I. For safety reasons, relocation or rearrangement of City equipment is not permitted. City staff must perform any rearrangement of City furnishings and/or equipment. All doors must be kept clear in the event of an emergency evacuation.

A. Drinks with red or orange dye and/or food coloring are not allowed in the facility.

B. If any food is served at a public/community event, a Temporary Food Facility permit must be obtained by the applicant from Contra Costa County Environmental Health in Concord, refer to cchealth.org/eh/. The permit process requires that the event organizer fill out the Temporary Food Event Application, and attach, if applicable, the vendor’s proof of non- profit or veteran status, as well as a site map showing the locations of booths, restrooms, and garbage. There must also be a list of all food/beverage vendors and a payment of all fees. The complete application must be submitted to County Health 14 days before the event and a copy of the approved permit must be submitted to the Recreation Division prior to date of use.

C. Food Requirements may be altered to meet any COVID -19 related requirements including not being able to serve any food or drink at the event except for to-go.

Section VIII – FOOD REQUIREMENTS Initial:

Section VII – FACILITY DECORATIONS Initial:

A. Applicant shall secure and keep a general commercial insurance policy covering personal injury and property damage in the amount of not less than $1million per occurrence, $2 million aggregate. The coverage shall be primary insurance, with a waiver of subrogation and notice of the cancellation of the policy provided to the City.

1. The City, and its officials, officers, employees and agents shall be named as additional insured by separate endorsement.

2. Applicant shall also secure and maintain workers’ compens ation insurance if Applicant has employees as required by State law.

3. If alcohol is served, the general liability insurance shall include host liquor liability coverage and must be stated on the certificate. If alcohol is sold, then Applicant or caterer must have liquor liability coverage, as well as a valid liquor sales license.

4. Applicant shall provide the certificate of insurance (CG 00 01) and additional insure d endorsement to City (CG 20 10) in a form and with carriers acceptable to the City with a minimum AM Best rating of A:VII.

5. The certificate of insurance shall include the “Recreation Division of the City of San Pablo” as the Certificate Holder.

6. Please contact your insurance provider to check if your homeowner’s policy may be extended to cover your facility rental. If an acceptable certificate and endorsement are not submitted to the Recreation Division office at least thirty (30) days prior to the event, then the applicant will be mandated to purchase insurance from the City of San Pablo’s insurance provider.

B. Indemnity: On behalf of itself and its successors, employees, members, volunteers, invitees and participants, Applicant assumes all risk of loss or injury arising from its use of the facility.

Applicant shall indemnify, hold harmless, and defend City, its officers, agents, volunteers and employees from and against any and all liability, costs, or expense for loss of or damage to property or for injuries to, sickness, disease or death of any pers on arising or resulting from Applicant’s use of the facility or the acts, errors, or omissions of the Applicant or its agents, employees, members, volunteers, invitees and participants. This provision shall survive termination of this Agreement. .

1. The applicant shall be responsible for any and all damage to the City's premises, equipment, and property.

2. The applicant will be held responsible for all actions, behavior and damages caused by his/her guests/attendees.

Section IX – INSURANCE Initial:

A. The San Pablo Police Department has the authority to shut down any event for any reason deemed necessary. In this event, the applicant will forfeit all fees paid including the deposit.

B. Security will be required and arranged by the San Pablo Recreation Division for all events.

1. One Security Guard 1-50 People

2. Two Security Guards 51-100 People

3. Three Security Guards 101-150 People
C. Approved security services will be required to be on duty at the facility during the entire event time, including clean-up.

A. Any charges for damages to the facility or furnishings, additional use hours, or imposed third party fines will be deducted from the applicant’s deposit:

1. Failure to follow clean up protocols, or generally leave the facility in an unsatisfactory condition.

2. Additional janitorial maintenance is required (in excess of normal cleaning services/time), or additional clean-up or damage costs.

3. If the City is charged any third party fines (for example: fire alarm set off as a result of any policy violation, such as incense or balloons at facility).

B. The City reserves the right to collect any additional fees above and beyond the deposit for damages or costs incurred by the City as a result of the rental.

C. Failure to comply with required security, licenses, permits or certificates will result in immediate cancellation of facility use and applicant will forfeit all deposit(s) and fees paid.

D. Staff on duty does not have the authority to grant use of additional facilities, equipment, or time extensions. Any time the facility is occupied beyond the scheduled time applicant will be billed at the facility hourly base rental rate plus $40/hr. for the overtim e use (all overtime is calculated in 1 hour increments). Use or occupancy of the facility beyond 12:00am (midnight) will cause forfeiture of the applicant’s entire damage deposit.

E. The misuse of any City of San Pablo facility, failure to conform to facilit y regulations, or any other Federal, State or local law, rule, regulation or ordinance or any other threat to public health, safety, or welfare shall be sufficient reason for immediate cancellation of the facility use. No refund will be granted. This shall include overcrowding of the posted maximum capacity for the room in use, serving alcohol to minors, or any action deemed sufficient by City of San Pablo staff.

Section XI – FORFEITURE OF DEPOSIT/EVENT TERMINATION Initial:

Section X – SAFETY AND SECURITY Initial:

F. In the event, that the City deems it necessary to cancel or terminate facility use, the applicant will forfeit all deposits and fees paid.

G. Failure to comply with required security, licenses, permits or certificates will result in immediate cancellation of facility use and applicant will forfeit all deposit(s) and fees paid.

I have read and agree to the above information.

Applicant’s Signature Today’s Date

Revison June 2021

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 14 EXHIBIT “E”

INSURANCE

The Parties, at their sole cost and expense, shall each procure and maintain for the duration of this Agreement sufficient self-insurance and excess liability coverage to meet the following minimum coverage against claims for injuries to persons or damage to property which may arise from, or in connection with, the Parties’ performance of under this Agreement, use of the District Premises by the City, its agents, representatives, employees , subcontractors or volunteers, or use of the City Premises by the District, its agents, representatives, employees, subcontractors, or volunteers.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. The coverage described in Insurance Services Office Form Number GL 0002 (Ed. 01/96) covering Commercial General Liability together with Insurance Services Office Form Number GL 0404 covering Broad Form Comprehensive Gen eral Liability; or that described in Insurance Services Office Commercial General Liability coverage ( “occurrence”) Form Number CG 0001 (Ed. 01/96), including X.C.U. (Explosion, Collapse and Underground) coverage.

2. The coverage described in Insurance Services Office Form Number CA 0001 (Ed. 12/93) covering Automobile Liability, Code 1 “any auto”, or Code 2 “owned autos” and Endorsement CA 0025. Coverage shall also include Code 8 “hired autos” and Code 9 “non-owned autos”; and

3. Workers’ Compensation insurance as required by the California Labor Code and Employers Liability insurance; and

B. Minimum Limits of Insurance

Each Party shall maintain limits no less than:

1. Commercial General Liability: $ 3,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Sexual abuse/molestation insurance: with limits of not less than $ 2,000,000 per occurrence and $4,000,000 general aggregate. Coverage may be provided as part of Commercial General Liability coverage, Professional Liability coverage, or as a separate policy.

3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and

4. Workers’ Compensation and Employers ’ Liability: Workers’ Compensation limits as required by the California Labor and Employers Liability limits of $1,000,000 per accident.

C . Other Insurance Provisions

Each policy shall contain, or be endorsed to contain, the following provisions:

1. Commercial General Liability and Automobile Liability Coverage:

a. The other Party , its officers, employees, agents , contractors and volunteers are to be covered as additional insureds as to use of the other Party’s Premises and the Parties’ obligations under this Agreement.

b. Any failure to comply with reporting provisions of the policies by the Party holding the insurance shall not affect coverage provided to the other Party , its officers, employees, agents, contractors , or volunteers.

Facilities Joint Use Agreement: WCCUSD & City of San Pablo – Multiple School Sites 15

2. All Coverage:

Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days ’ prior written notice has been given to the other Party.

D. Acceptability of Insurers

Except as to self-insured amounts, insurance is to be placed with insurers with a current A.M. Best Insurance rating of no less than A-minus: VII, or the equivalent provided through a risk-pooling joint powers authority operating pursuant to Government Code section 6500, et seq.

E. Verification of Coverage

Each Party shall furnish the other Party with certificates of insurance and with original endorsements affecting coverage required by this Agreement within 10 days of execution of this Agreement and by January 31st annually beginning in 2024 . The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Proof of insurance shall be mailed pursuant to the Notice provisions herein this Agreement.

San Pablo City CouncilJuly 17, 2023

San Pablo City Council
July 17, 2023