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CITY COUNCIL AGENDA ITEM NO. 19


Meeting Date: February 12, 2008

Subject/Title: Adopt a Resolution approving a revised Agreement between City of Brentwood and Liberty Union High School District related to Joint Use of Facilities and authorize the City Manager or her designee to execute the agreement

Prepared by: Poldina Scherff, Recreation Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation


RECOMMENDATION
Adopt a Resolution approving a revised Agreement between City of Brentwood and Liberty Union High School District related to Joint Use of Facilities and authorize the City Manager or her designee to execute the agreement.

PREVIOUS ACTION
On November 26, 2002, City Council approved the joint use agreement between the City of Brentwood and Liberty Union High School District relating to joint use of facilities.

On February 14, 2006 City Council adopted Resolution 2006-27 approving Amendment No. 1 to the Joint Use Agreement between Liberty Union High School District and City of Brentwood for those facilities subject to the agreement and to authorize the development of rules and regulations for the subject facilities.

BACKGROUND
For many years, the City of Brentwood and the Liberty Union High School District have worked together to make facilities available for community programs and activities. With the completion of the Liberty High School Gymnasium in 2002 that included a $650,000 contribution from the City of Brentwood, City and Liberty Union High School District staff worked to revise the existing joint use agreement for use of facilities. The purpose was to establish a master agreement between the City and Liberty Union High School District that covered the legal aspects of the relationship including specific use for the City of the Liberty High School gymnasium.

On August 27, 2002, the City Council approved funding of $2,500,000 for developing a joint use gymnasium and pool at Heritage High School with the Liberty Union High School District. Heritage High School opened in July 2005 and as the joint use agreement did not include the addition of Heritage High School, City Council approved Amendment No. 1 to the Joint Use Agreement on February 26, 2006 that added specific use for the City of the pool and gymnasium.

Since approval of Amendment No. 1, City and School District staffs have been working on a new joint use agreement that would include all facilities that are currently used by the City and the District in addition to just those facilities that have been constructed as joint use facilities. The agreement has been through a number of changes as the discussions between the City and School District have considered a variety of new facilities and is now ready to be approved by City Council and the School District Board of Trustees.

The Joint Use of Facilities agreement accomplishes a number of specific things:

• It outlines the legal agreement between the City and the School District as indicated in the Education Code of the State of California that authorizes cities, counties and public school districts to organize, promote and conduct such programs of community recreation as will contribute to the attainment of general education and recreational objectives for the children and adults of the State.
• Provides specific guarantees for the City use of the joint use facilities that were partially built with City funds: Liberty High School gym; Heritage High School gym; and Heritage High School pool. In addition, the School District has provided specific times for use of Heritage High School sport fields, Heritage High School tennis courts, and Heritage and Liberty High School sports stadiums on a case-by-case basis.
• Identifies a number of current City facilities/equipment that the School District will be able to use to conduct School and community programs and activities. These facilities have been used for years by the School District related to Liberty High School, Heritage High School, and Alternative Education and this agreement recognizes this relationship in writing. Additionally, a number of future City facilities that will be built with joint use funding are identified for joint use.
• Provides for both the City and School District to use each others facilities/equipment at no charge related to the normal use fee. The agreement allows each agency will be able to recover staff costs if those are required during use of the facilities/equipment.
• Stipulates a three-year term for the agreement with a mandatory review starting six months prior to the agreement termination date.

Due to continued growth in the City and School District, having a joint use agreement between the two agencies allows both agencies to better serve the members of our community. It also formalizes what has been a very good long term working relationship between the City and School District. The School District will take the Joint Use of Facilities agreement to the Liberty Union High School District Board for approval on Wednesday, February 13, 2008.

FISCAL IMPACT
There is no impact on current budgets as the City and School District have historically been using each others facilities at no cost. As a result, there is not expected to be any reduction in revenue or increase in expenses.


Attachment:
Resolution
Agreement
Exhibits A - H

RESOLUTION NO.


ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REVISED AGREEMENT BETWEEN CITY OF BRENTWOOD AND LIBERTY UNION SCHOOL DISTRICT RELATED TO JOINT USE OF FACILITIES AND AUTHORIZE THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE AGREEMENT

WHEREAS, the City of Brentwood and the Liberty Union High School District have a long standing relationship of building joint use facilities; and

WHEREAS, on November 26, 2002 City Council approved the Joint Use Agreement between the City of Brentwood and the Liberty Union High School District relating to joint use of facilities; and

WHEREAS, on February 14, 2006 City Council adopted Resolution 2006-27 approving Amendment No. 1 to the Joint Use Agreement between Liberty Union High School District and City of Brentwood for those facilities subject to the agreement and to authorize the development of rules and regulations for the subject facilities; and

WHEREAS, the City of Brentwood and the Liberty Union High School District are revising the 2002 agreement and the 2006 Amendment #1 to address the current use of joint use facilities; and

WHEREAS, the City of Brentwood and the Liberty Union High School District intend to revise and enter into a Joint Use Agreement in accordance with the California Education Code Section 17077.40 et seq. regarding use of the facilities described above; and

WHEREAS, the City of Brentwood and the Liberty Union High School District intend that the facilities will be used to the maximum extent possible for both school and community purposes; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood approves a revised agreement between the City of Brentwood and Liberty Union High School District related to Joint Use of Facilities and authorizes the City Manager or her designee to execute the agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on February 12, 2008 by the following vote:


AGREEMENT BETWEEN
CITY OF BRENTWOOD
AND
LIBERTY UNION HIGH SCHOOL DISTRICT
RELATING TO JOINT USE OF
FACILITIES


THIS AGREEMENT is made and entered into this ____ day of ____________, 2008 by and between the CITY OF BRENTWOOD, a municipal corporation, (“City”) and the LIBERTY UNION HIGH SCHOOL DISTRICT, Contra Costa County, California (“School District”) (collectively, the “Parties” or “Agencies” and singularly, “Party” or “Agency”).
WITNESSETH:
WHEREAS, Sections 10900 –10916, inclusive of the Education Code of the State of California, authorize cities, counties and public school districts to organize, promote and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for the children and adults of the State; and
WHEREAS, City owns, maintains and operates recreational facilities as further described in Exhibit H which is incorporated herein by this reference (“City Facilities”); and
WHEREAS, School District owns, maintains and operates school grounds and facilities within the City as further described in Exhibit H which is incorporated herein by this reference (“School District Facilities”); and
WHEREAS, the Parties recognize the public need for gymnasiums; sports fields, sports courts, swimming pools, and related facilities including parking, and desire to cooperate in the construction and use of gymnasiums; sports fields, sports courts, swimming pools and related facilities including parking to be constructed on or adjacent to School District sites; and
WHEREAS, it is the mutual desire of the Parties to promote a program of community recreation in connection with the use of City and School District Facilities (collectively, the “Facilities”); and
WHEREAS, the governing bodies of the Parties may cooperate with each other to carry out the purposes of community recreation, and to that end may enter into an agreement with each other and may do any and all things necessary to aid and cooperate in carrying out the purposes of community recreation; and
WHEREAS, Sections 6500-6515 of the Government Code of the State of California authorize public agencies through their governing bodies to jointly exercise any power common to the contracting agencies.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows:
1. Cooperation. The Parties shall cooperate in providing a community recreation program under the authority contained in Sections 10900 –10916, inclusive, of the Education Code of the State of California, in connection with the use of Facilities.
2. Term. The term of this Agreement shall be for a period of three (3) years from the date first above written. Six (6) months prior to the Agreement termination date, the Parties shall meet to determine whether to extend the term of the Agreement and whether any changes to the Agreement are necessary.
3. Facility Availability. Upon completion of the City and School District Facilities, the Facilities shall be made available to children and adults of the community, subject to the rules and regulations as adopted by both Parties and attached to this Agreement as Exhibits A through G and incorporated herein by reference.
4. Supervision and Control - City. At all times when either a School District or City Facility is used by City, that Facility shall be under the supervision and control of the City, its agents and employees and administered and operated in accordance with all rules and regulations established by both the Parties. If conflict occurs between the Agencies’ rules and regulations, the stricter rule or regulation shall apply. City agrees to assume full responsibility for the scheduling, supervision and control of recreational activities conducted by City. City further agrees to provide adequate and qualified personnel to fulfill these responsibilities. All personnel employed in connection with the City’s use of the Facilities for recreational programs shall be deemed City employees or its agents. The hiring, supervision and discipline of all such personnel shall be the responsibility of City. City agrees to procure and maintain in full force and effect, workers compensation insurance coverage for such recreational personnel for any death, injury, or illness arising in connection with the performance of this Agreement. The City Manager and District Superintendent are authorized to develop any additional rules and regulations for the Facilities that they deem necessary and those rules and regulations so developed will be subject to the terms and conditions of this Agreement.
5. Supervision and Control - School District. At all times when either a School District or City Facility is used by School District, that Facility shall be under the supervision and control of the School District, its agents and employees and administered and operated in accordance with all rules and regulations established by both the Parties. If conflict occurs between the two Agencies’ rules, the stricter rule or regulation shall apply. School District agrees to assume full responsibility for the scheduling, supervision and control of educational or recreational activities conducted by School District. School District further agrees to provide adequate and qualified recreational or educational personnel to fulfill these responsibilities. All personnel employed in connection with the School District’s use of the Facilities shall be deemed School District employees or its agents. The hiring, supervision and discipline of all such personnel shall be the responsibility of School District. School District agrees to procure and maintain in full force and effect, workers compensation insurance coverage for such recreational or educational personnel for any death, injury, or illness arising in connection with the performance of this Agreement.
6. Equipment and Apparatus. The Parties agree to furnish recreational and educational apparatus and equipment according to the terms set forth herein in respective Exhibits. The Equipment shall remain the property of the Party furnishing it. School District agrees to furnish and install on the School Facilities, and City agrees to furnish and install on the City Facilities, the Equipment as each deems appropriate for its programs. City and School District may, with the express written approval of the other Party furnish and install at its own expense, such additional Equipment as it deems required in connection with the performance of its recreational and educational programs pursuant to this Agreement in the other Party’s facility. Any such additional Equipment shall not interfere in any way with the ordinary use by the other Party of the School District or City facility. At the request of the Party owning the subject Facilities, the other Party shall remove their equipment from the Facility.
7. Indemnity. As authorized by Government Code Section 895.4, in connection with the use of School District and City Facilities pursuant to this Agreement:
(A) City shall indemnify, save and hold harmless School District, its officers, agents and employees against any and all claims, causes of action, suits, or judgments, including expenses incurred therewith for death or injury to persons, or loss of or damage to property, resulting from negligent acts of City, its officers, agents, employees or invitees in the performance of this Agreement. In the event of any such claims made, or suits filed, School District shall give City prompt written notice thereof, and the City shall have the right to defend or settle the same to the extent of its interest hereunder.
(B) School District shall indemnify, save and hold harmless City, its officers, agents, and employees, against any and all claims, causes of action, suits, or judgments, including expenses incurred therewith, for death or injury to persons or loss of, or damage to, property, resulting from negligent acts of School District, its officers, agents, employees or invitees in the performance of this Agreement. In the event of any such claims made or suits filed, City shall give School District proper notice thereof, and School District shall have the right to defend or settle the same to the extent of its interest hereunder.
(C) Should any litigation be initiated by either Party to enforce the terms of this Agreement, each Party shall pay its own attorney’s fees and costs of suit.
8. Parking. School District shall allow access to the School District Facilities and the public parking facilities of School District Facilities in a reasonable time prior to, during, and after the period of time the School District Facilities are scheduled for use by City.
9. Facility Cleaning. The Agency that uses any Facility in accordance with this Agreement shall be responsible for cleaning that Facility after use. Should either Agency be required to assume custodial costs due to the other Agency’s use of a Facility, the costs may be billed to the responsible Agency with sufficient information accompanying the billing to identify the reason for required service as identified in respective Exhibits. Each Agency shall make every effort to insure the Facility is clean and ready for the next user agency. Each Agency shall make every effort to communicate information regarding clean-up problems noted to the other agency in an effort to improve housekeeping.
10. Damage to Facilities. The Agency that uses any Facility in accordance with this Agreement shall assume responsibility for damage occurring to the Facility during such use and shall be responsible to notify the other Agency of any damage noted during the next workday.
11. Insurance - General.
A. City shall keep insured, or cause to be kept insured, at City’s sole cost and expense, all improvements located on or pertinent to City Facilities against loss or damage by fire and such other risks as are now or hereafter insured against with respect to other City structures.
B. School District shall keep insured, or cause to be kept insured, at School District’s sole cost and expense, all improvements located on or pertinent to School District Facilities against loss or damage by fire and such other risks as are now or hereafter insured against with respect to other School District structures.
C. The amount of the insurance required in this section shall be sufficient to prevent either School District or City from becoming a co-insurer under the provisions of the policies, but in no event shall the amount be less than 80% of the then actual replacement cost (herein called full insurable value). City shall not carry any insurance to the effect of which would be to reduce the protection under any insurance that this lease obligates City to carry.
12. Insurance - Public Liability/Property Damage. Notwithstanding section 11 above, the Parties shall each maintain public liability and property damage insurance of not less than $1,000,000 per person and $1,000,000 per occurrence with aggregate coverage of $2,000,000 insuring against all liability of the Parties and their authorized representatives arising out of and in connection with the Parties use of the Facilities. Any public liability insurance and property damage insurance shall insure performance by each Party of the indemnity provisions of paragraph 7 (A), (B) and (C) above. Either Party may provide the required insurance coverage through approved programs of self-insurance, or by combinations of self- and excess insurance coverage, so long as the requisite coverage is provided.
13. Release/Insurance Endorsements. The Parties release each other, and their respective authorized representatives, from any claims for damage to any person or to the Facilities, premises, buildings and other improvements on the premises that are caused by or result from risks insured against under any insurance policy carried by the Parties and in force at the time of any such damage. All the insurance required pursuant to this Agreement shall contain an endorsement requiring fifteen (15) days written notice from the insurance company to both Parties before cancellation or change in the coverage, scope, or amount of any policy. Each policy, or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with the other Party at the commencement of the term; and on renewal of the policy not less than fifteen (15) days before the expiration of the term of the policy.
14. Assignment. Each Party agrees it shall not, without the other Party’s prior written consent, assign its rights pursuant to this Agreement. City shall not enter into a contract of the School District facility without the express written consent of School District. Each Party also agrees not to make any use of the Facilities not in keeping with the purposes of this Agreement. Should the City enter into a contract in duration of more than three (3) months without the School District’s prior written consent the School District may request termination of the contract and City at any time shall take immediate effect to terminate the contract.
15. Private Business Use of City Facilities. The District acknowledges that funds used to construct City Facilities may be provided by the City from proceeds of tax-exempt bonds. The District will not allow use of the City Facilities in a manner that constitutes private business use under Section 141(b) of the Internal Revenue Code of 1986.
16. Entire Agreement. This Agreement supersedes and replaces all previous agreements and amendments thereto, by and between the Parties as they may pertain to the construction or use of the Facilities.
17. Amendment. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the Parties. The City Manager and District Superintendent are hereby authorized, in consultation with their respective legal counsels, to agree to non-material amendments to this Agreement including, but not limited to, revisions, to Exhibit C (Use of Facilities Fee Schedule).
18. Notice. Any notices that either Party desires to or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be addressed to the other Party at the address set forth below. Either Party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within seventy-two (72) hours from the date of mailing, if mailed as provided in this paragraph.

CITY OF BRENTWOOD LIBERTY UNION HIGH SCHOOL DISTRICT
City Hall 20 Oak Street
150 City Park Way Brentwood, CA 94513
Brentwood, CA 94513 Attn: Superintendent
Attn: City Manager

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the date and year first above written.
CITY OF BRENTWOOD LIBERTY UNION HIGH SCHOOL DISTRICT

By: ________________________________ By:
Donna Landeros, City Manager Daniel M. Smith, Superintendent


Attest:
___________________________________
Margaret Wimberly, City Clerk

Approved As To Form:

___________________________________
Damien B. Brower, City Attorney


APPROVED EXHIBITS:


Exhibits:
A. City/Schools Rules and Regulations for Joint Use Partners
B. Standard Rules and Regulations
C. Use of Facilities Fee Schedule
D. Participant Rules and Regulations for Gymnasiums
E. Participant Rules and Regulations for Pool
F. Participant Rules and Regulations for Outdoor Athletic Fields and Courts
G. Participant Rules and Regulations for Sports Stadiums
H. List of City and School District Facilities


Approved by City of Brentwood, City Council action on:


Approved by Liberty Union High School District action on:

EXHIBIT A
City/Schools Rules and Regulations for Joint Use Partners

The City will have first priority for use after all School District activities have been accommodated for School District Facilities as indicated in Exhibit “H.” The School District agrees to honor City use requests on a first priority basis, respectively, before other non-School District related requests for all School District Facilities.

The City of Brentwood Director of Parks and Recreation (“Director”) and the Liberty Union High
School District Superintendent (“Superintendent”) shall appoint representatives of each Agency to meet no later than May 30th of each year to review the calendar for the up coming year.

These representatives shall also meet in August to revise the schedule as needed. These representatives shall provide a recommended yearly schedule to the Director and Superintendent for final approval.

Representatives will be appointed from each Agency to represent the maintenance
division of the City and School District to meet in March of each year to establish yearly scheduled maintenance of the facilities for minimum interruption of programs and activities.

Representatives shall be appointed from each Agency to meet in November of
each year to determine equipment needs for the coming fiscal year (July – June).

Should the appointing staff be unable to resolve conflicts in scheduling or maintenance,
the final approval authority shall rest with the Director and the Superintendent for their own Facilities.

City designated areas at School District Sites. City has exclusive use of Liberty High School new gymnasium recreation office; Heritage High School gymnasium recreation office; and Heritage High School pool and community building. School District may request use of City Facilities with approval and conditions as set by the City.

City is responsible for furnishing equipment and staffing of City Facilities at School District sites and related maintenance. City reserves the right to key these School District facilities for City use only and will provide adequate copies for School District maintenance for emergencies. City reserves the right for approval of these facilities for any non-School District or City use.

GYMNASIUMS:
The City Parks and Recreation Department (the “Department”) shall schedule no events in the new gymnasiums at Liberty and Heritage High Schools on Tuesdays or Fridays except during summer break unless approved in advance in writing by the School District.

School District’s scheduled events in the upper Gym at Heritage High School must end by 6:00 p.m. unless otherwise agreed to in writing by the School District and the City. The Department can schedule use on Monday & Wednesday from 6:30 – 10:30 p.m. in the upper gym at Heritage and new gym at Liberty. Use of the main floor at Heritage will be available if no School District event is taking place. The Department can schedule use on Saturday and Sunday from 8:00 a.m. – 10:30 p.m. with prior arrangement from the school.

Should the School District require the use of one of the new gymnasiums after 6:00 p.m. other than Tuesday and Friday, they will make reasonable attempts to make the existing Stonebarger Gym at Liberty High School or upper Gymnasium at Heritage High School available to the Department as an alternate.

POOL:
School District activities in the Heritage High School pool will be accommodated prior to any use by the City.

The Department shall schedule no events in the pool at Heritage on swim meet and tournament days except during summer break unless approved in advance in writing by the School District.

At Heritage High School pool, School District scheduled events must end by 6:00 p.m. unless agreed to in writing by the School District and the City. Both parties will work together to allow when possible, either shared use or City use from 5:00 – 6:00 p.m. (2 or 4 lanes for lap swimming) Monday – Friday. The Department can schedule use on Monday – Friday from 5:00 – 6:30 a.m. and 6:30 -10:30 p.m. The Department can schedule use on Saturday and Sunday from 5:00 a.m. – 10:30 p.m. with prior arrangement from the School District.

Should the School District require the use of the Heritage High School pool after 6:00 p.m. other than on specified swim meet and tournament days, they will make reasonable attempts to make another pool available to the Department as an alternate.

SPORTS FIELDS:
The Department shall schedule no events on athletic fields at Heritage High School on game days except during summer break unless approved in advance in writing by the School District.

School District scheduled events must end by 6:00 p.m. unless otherwise agreed to in writing by the School District and the City. The Department can schedule use on Monday – Friday from 6:15 – 10:30 p.m., and Saturday and Sunday from 6:30 a.m. – 10:30 p.m. with prior arrangement from the respective school.

Should the School District require the use of the athletic fields after 6:00 p.m. other than on specified game days, they will make reasonable attempts to make another athletic field available to the Department as an alternate.

TENNIS COURTS:
School District scheduled events must end by 6:00 p.m. unless approved in advance in writing by the School District and the City. The Department can schedule use on Monday-Friday from 6:15 – 10:30 p.m., and Saturday and Sunday from 6:30 a.m. – 10:30 p.m. with prior arrangement from the respective school.

Should the School District require the use of the tennis courts after 6:00 p.m. other than on specified match days, they will make reasonable attempts to make additional tennis courts available to the Department as an alternate.

SPORTS STADIUMS:
School District activities in Heritage and Liberty High School sports stadiums will be accommodated prior to any use by the City. Specific requests by the City, will be considered on a case by case basis.

EXHIBIT B

STANDARD RULES AND REGULATIONS


Whenever Facilities are used, the general rules and regulations, as established by the School District and the City, as Joint Use Partners, shall be enforced. Failure to comply with these requirements, by City or School District, as applicable, or by outside user group or an individual member of an outside user group, shall result in the immediate termination of privileges to use and the immediate expulsion from the facility for that event.

Standard Rules and Regulations “General Rules and Regulations”
A. School District, its student body, faculty, personnel, and teams and the City of Brentwood Parks and Recreation Department (the “Department”) shall have first priority use of their respective Facilities, in case of scheduling conflicts with an outside user group. Notice shall be given to outside user group as soon as a conflict becomes apparent. Outside user groups agree that cancellations of outside user groups’ events due to these conflicts shall not create any liability or recourse against the School District, the Board of Trustees, District employees, students and agents, the City , its officers, employees and agents.

B. Pursuant to California Education Code #38135 outside user groups using the School District Facilities certify that they do not advocate the overthrow of the United States.

C. School District may at any time deny or refuse to grant any application or cancel, without liability, any contract for the use of School District Facilities whenever the use, in the reasonable judgment of the Board or site personnel, presents or may present a clear and present danger to persons or property, or may be in violation of or contrary to applicable federal, state, or local law or ordinance.

D. School District Facility building capacity shall be posted and shall not exceed the
capacity established by the California building regulations.

E. No School District Facility can be used by City or outside user groups during normal school hours. (7AM – 6PM Monday – Friday) without the prior written approval by the Superintendent or School District designee.

F. All meetings and use of the School District Facilities shall be in the public interest and open to the public. A Department staff member must supervise any non-school event associated with Department events in School District Facilities. All outside user groups shall be scheduled through the District for School District Facilities. A District staff member must supervise any non-City event.

School District personnel shall monitor outside user groups’ events in School District Facility buildings. Any outside user group requesting the use of School
District Facilities shall reimburse School District for the cost of providing District personnel to monitor the building during the entire event.

G. User groups shall have sole responsibility for supervising all spectators. Do not allow any members of the user group or spectators to climb on structures, fences, backstops, bleachers, etc.

H. As a condition of use of the School District Facilities and City Facilities, outside user groups must provide, at their sole cost and expense, each of the following items:

• Proof of insurance, comprised of certificates of insurance and original endorsements of comprehensive general liability insurance, written by insurance companies licensed to do business in California and satisfactory to the Parties for the entire duration of the event.

• The City and the District, and their board officials, officers, directors, employees, agents, representatives and volunteers shall be named as additional insured, with insurance limits not less than $1,000,000 for each occurrence of bodily injury, $1,000,000 for each occurrence of personal injury, $1,000,000 for each occurrence of property damage, and an aggregate coverage of not less than $3,000,000. Each outside user group’s liability insurance shall include, without limitation, coverage for liability arising out of: (i) use of School District Facilities or City Facilities by the group or its agents, employees, representative, or volunteers; (ii) the provision of services on District Facilities or School District Facilities by the group or its agents, employees, representatives, or volunteers, and (iii) the acts or omissions of the group or its agents, employees, representatives or volunteers. The outside user group will provide insurance whereby there shall be a thirty (30) day notice of cancellation mailed to the District and the City.

• Include liability coverage for claims made by participants in the event or by other third parties arising out of the event

• Include liability coverage for claims made by participants in the event or by other third parties arising out of the event.

• All exclusions pertaining to athletic or recreational events must be disclosed in the endorsement.

• The liability coverage provided by the outside user group is PRIMARY with respect to the additional insured named above. Any other insurance available to the District and City, and their board officials, officers, directors, employees, agents, representatives and volunteers shall be excess and non-contributing.

• The outside user group must provide the City (in the event of use of City Facilities), or School District (in the event of use of School District Facilities) with copies of the certificates of insurance and endorsements at least 14 calendar days prior to the start of the event.

• An indemnity and hold harmless agreement, satisfactory to the City (in the event of use of City Facilities) or School District (in the event of use of
School District Facilities), must be signed by the outside user group and delivered to the City (in the event of use of City Facilities) or School
District (in the event of use of School District Facilities) at least 14
calendar days prior to the start of the event.

I. It is necessary to present in writing all set-up needs, clean-up needs and use of other facilities/services to City or School District staff, as the case may be, at least 14 calendar days prior to the event. Arrangements must be made with the staff at least 14 calendar days prior to the event for any equipment to be delivered, arranging for times and use of the delivery entrance.

J. Facilities must be cleaned after each use to School District or City’s satisfaction, as applicable. City may perform cleaning with their staff to meet District standards. School District custodial service shall be present during all outside user groups’ events in School District Facilities and shall perform all required cleaning. Cost of custodial service shall be billed to the user group at the prevailing rate for City or School District as applicable.

K. School District and/or City reserve the right to request personal identification of any and all participants upon entrance into facilities.

L. Requests for use of the facilities by non-School District/non-City agencies will be permitted up to 3 months in advance of the request and not for more than 3 consecutive months.

M. All users must abide by all fire regulations. Keep exit doors, exit lights, fire alarm stations, wet standpipe hose cabinets and fire extinguisher locations visible and unobstructed by decorative material or any other item. (C.A.C. Title 19, Sections 7.20) Refrain from smoking on school property. Keep exit ways and required means of egress unobstructed so they may be used as an exit. (P.F.C. Section 26.107 and C.A.C. Title 19, Section 65.03)

N. All users must observe all parking signs and restrictions.

O. All users must not smoke or consume alcoholic beverages on school property.

P. All users must not have dogs or other animals on school campuses unless guide dogs, signal dogs, or service dogs.

Q. All users no food, concession or merchandise items will be offered for sale on the facility grounds without prior written approval from the School District or City as applicable at least 14 calendar days prior to the event. A request to sell items must include (as is appropriate): proposed gate fee; items proposed for sale, including price per item; and/or other for sale/donation items.

R. The City and/or School District reserve the right to approve items for sale with a percentage to be shared with the City/School District.

S. Superintendent of School District, the City Manager, Chief of Police, Director of Parks and Recreation, or their designated representatives shall have the right to: enter the facility or any part thereof at all times during the period covered by the use; and to control use of the facility for the safety and welfare of the users and general public. Any use that violates these conditions of rental may cause the rental use to be terminated with forfeiture of all fees.

T. The Parties will charge nonprofit organizations an amount not to exceed the School District’s and City direct costs for the intended use. Direct costs includes supplies, utilities, janitorial services, services of other School District or City employees and salaries paid to School District or City employees necessitated by the organization’s use of School Facilities.

U. All fee schedules for-profit organizations or private party renters will be charged pursuant to the established School District and City fee schedule. Groups shall be charged fair rental value when using School Facilities or grounds for entertainment or meetings. Fair rental value means the direct costs to the School District or City, plus the amortized costs of the facilities or grounds used for the duration of the activity authorized.

V. The City’s fee schedule shall be revised annually through the City’s Cost Allocation Plan.

W. Any changes to the rental agreement can be made up to 14 calendar days prior to the event with City or School District written approval as applicable.

X. If the activity is canceled with a minimum of 14 calendar day’s notice, a $25.00
cancellation fee will be deducted from the deposit/rental fee. If less than fourteen (14) calendar days is given, 1/4th of the rental fee, or $25, whichever is greater, will be retained by the School District. Refundable fees/deposits will be mailed to the individual whose name and address appears on the application.

Y. All user decorations in School District Facilities must have prior approval in writing from the School District and will be subject to a damage deposit. Do not deface facilities walls, surfaces, or walkways by using scotch tape, masking tape, or adhesives, chalk or other markers on any surface. Driving nails, hooks, or tacks into any surface. Affixing anything to walls, windows, doors, woodwork, curtains, beams, ceilings, chandeliers or pieces of furniture. Using acids, dyes, solvents, paint pigments, rubber-backed mats or rubber casters.

Z. All users decorations must be flame proof and approved by the School District.

AA. All users confetti is not allowed in the facility at any time – no exceptions. Violation of this will result in a $100 fine deducted from the deposit/rental to be retained by the School District.

AB. No property and/or equipment belonging to the City or School District is to be removed from the facility.

AC. School District and/or City fees, rules, and regulations and policies are subject to change.

AD. Portable toilet facilities shall be provided by the user groups for all exterior group functions unless prior arrangements have been made and approved in writing with the District at the time the Preliminary Request From is submitted. Procurement, maintenance and return for all portable toilet facilities shall be the responsibility of the user group. Should a request for District toilet facilities be granted, user group shall reimburse LUHSD for all direct costs of District personnel required to open, close, monitor and clean the toilet facilities. Interior events shall have toilet facilities in the rental costs if toilets are located in close proximity to the rental space. User group shall reimburse LUHSD for all direct costs of District personnel required to open, close, monitor and clean the toilet facilities.

AE. City will retain their fees.






EXHIBIT C
LIBERTY UNION HIGH SCHOOL DISTRICT
USE OF FACILITIES FEE SCHEDULE

Group 1: Organizations for the Benefit of District Students
Group 2: Non-Profit organizations or Charitable Associations
Group 3: Commercial Groups
HOURLY CHARGES – Minimum 4 hours
Use of facilities during the weekend, holiday, evening or non-school hours requires overtime charges for custodial/technical/monitor services. All groups are responsible for these overtime charges. The average hourly overtime charge for one person is $35.20 per hour (6/19/07). Damage Deposit for Theaters and Gymnasiums is $200.00.
A food service worker will be assigned and billed separately by the food services department if a kitchen is included in the use of facilities.
Charges for use of open spaces (i.e. parking lots) will be determined on an individual basis. There is a one-hour minimum on all custodial charges. Custodial charges apply as long as occupied. All fees listed are per hour rates.

Room/Facility Group I Group II Group III Requires
Monitor Cleaning
GYMNASIUMS
Liberty High New Gymnasium – Joint Use -1800
Heritage High Gymnasium -1800
Freedom High Gymnasium -1800 * $36.30 $72.60 Yes +4hrs
Liberty High Stonebarger Gymnasium 1500 * $24.20 $54.45 Yes +4hrs
Heritage High Gym - Mezzanine level
Freedom High Gym - Mezzanine level * $18.15 $48.40 Yes if only space +1hr
Locker Rooms (all sites) * $21.18 $54.45 - +1 hr
POOLS
Liberty High Pool (7 lanes)
Long Term Users $2.15/hr per lane * $60.50 $90.75 Yes +2 hrs
+1 hr
Heritage High Pool (16 short or 9 long lanes)
Long Term Users $2.15/ hr per lane, short course
Long Term Users $3.03/hr per lane, long course * $121.00 $181.50 Yes +4 hrs
+2 hrs
+2 hrs
Freedom High Pool (8 lanes)
Long Term users $2.15/ hr per lane * $60.50 $90.75 Yes +2hrs
+1hr
TENNIS COURTS
Liberty High without Lights
With Lights *
* $12.10
$18.15 $42.35
$48.40 Yes +1hr
Heritage High without Lights
With Lights *
* $12.10
$18.15 $42.35
$48.40 Yes +1hr
Freedom High without Lights
With Lights *
* $12.10
$18.15 $42.35
$48.40 Yes +1hr
STADIUMS
Liberty Football Field/Track -one time use
With LIGHTS
(Long term users add $20 per hour for lights) *
* $18.15
$42.35 $42.35
$66.55 Yes +3hrs
Heritage Football Field/Track -one time use
With LIGHTS
(Long term users add $20 per hour for lights) *
* $18.15
$42.35 $42.35
$66.55 Yes +3hrs
Freedom, Football Field/Track -one time use
With LIGHTS
(Long term users add $20 per hour for lights) *
* $18.15
$42.35 $42.35
$66.55 Yes +3hrs
Snack Bars are not rented. They are run by the Booster Clubs.
ATHLETICS FIELDS
Liberty High Varsity Baseball Field
Heritage High Varsity Baseball Field
Freedom High Varsity Baseball Field (E) * $24.20 $48.40 Yes +1hr
Liberty High JV Baseball Field
Heritage High JV Baseball Field
Freedom High JV Baseball Field (E) * $18.15 $42.35 Yes +1hr
Liberty High Varsity Softball Field
Heritage High Varsity Softball Field
Freedom High Varsity Softball Field (N) * $24.20 $48.40 Yes +1hr
Liberty High JV Softball Field
Heritage High JV Softball Field
Freedom High JV Softball Field (N) * $18.15 $42.35 Yes +1hr
Liberty High North Soccer Field V Boys
Liberty High South Soccer Field * $24.20
$18.15 $48.40
$42.35 Yes
+1hr

Freedom High Varsity Soccer Field (W)
Freedom High Soccer Practice Field * $24.20
$18.15 $48.40
$42.35 Yes
Yes +1hr
+1hr

PERFORMING ARTS
Liberty High PAC (capacity 598)
Includes 2 dressing rooms.
Additional PAC classrooms charged separately *

* $75.63

$18.15 $114.95

$48.40 Yes +4hrs

+1hr ea.
Heritage High Theater (capacity 299) * $75.63 $114.95 Yes +4hrs
Freedom High Theater/Multipurpose Room * $36.30 $72.60 Yes +2hrs
Lighting Technician(s) minimum 1 person $16.50 $16.50 $16.50
Sound Technician(s) minimum 1 person $16.50 $16.50 $16.50
CAETERIA / Multipurpose Room
Liberty High Cafeteria (seats 276)
Without Kitchen use
With Kitchen use
(Cafeteria staff is mandatory to rent kitchen.) *
* $21.18
$57.48 $51.43
$93.78 Yes +2hrs
Heritage High Cafeteria / MPR (seats 600)
Without Kitchen use
With Kitchen use
(Cafeteria staff is mandatory to rent kitchen.) *
* $30.25
$66.55 $60.50
$102.85 Yes +2 hrs
Freedom High Cafeteria / MPR (seats 600)
Without Kitchen use
With Kitchen use
(Cafeteria staff is mandatory to rent kitchen.) *
* $30.25
$66.55
$60.50
$102.85
Yes +3 hrs
Cafeteria Staff (Minimum 1 person) $20 $20 $20
Liberty Faculty Dining Room
Without Kitchen use
With Kitchen use *
* $18.15
$54.45 $48.40
$90.75 Yes +2hrs
MISCELLANEOUS FACILTIES
Wrestling Room- All Sites * $18.15 $42.35 - +1hr
Liberty High School Library (holds 30)
Heritage High School Library (main room) *
* $15.13
$15.13 $48.40
$48.40 Yes
Yes +1hr
+1hr
Classroom * $12.10 $48.40 Yes +1hr
District Board Room * $18.15 $48.40 Yes +1hr
* Group I: Organizations for the Benefit of District Students. No space rental charge if 90% LUHSD students.
Group II: Non-profit organizations or Charitable Associations
Group III: Commercial Groups
The School District will not charge the City for use of School District facilities as identified in Exhibit “H” when use is for a City sponsored activity. The City will not charge the School District for use of City facilities as identified in Exhibit “H” when use is for School District sponsored activity.



EXHIBIT D
Liberty Union High School District and City of Brentwood

PARTICIPANT RULES AND REGULATIONS FOR
GYMNASIUMS

A. Tennis or basketball shoes only on the gym floor.

B. No food or beverages allowed in the gymnasium or restrooms.

C. No smoking or tobacco related material in facility or on school grounds.

D. No pets inside the building except guide dogs, signal dogs, or service dogs.

E. No radio/music players are allowed in the building except with written permission by the
School District prior to the event.

F. Sound System - only School District or City Park and Recreation Department technicians shall operate the sound systems, unless prior arrangements are made and outside users are trained.

G. Jewelry/watches are not to be worn in games on the courts of play.

H. Staff/patrons are responsible for personal property. The Parties are not responsible for staff/patron personal items left in the gym, office area, restrooms or surrounding area.

I. No heavy equipment, furniture or the like is to be slid across the gym floor at any time.

J. Loitering in and/or around the building is prohibited.

K. No alcoholic beverages or controlled substances allowed in the Facility, parking lot or
school grounds.

L. No roughhousing in the Facilities.

M. All users of the Facilities will be held accountable to insure the Facility is used in a
responsible manner for the safety and welfare of the participants, spectators, and exposure of the Facility to damage.

N. Snack Bar usage must be cleared and approved in advance in writing through Site Administrator.

EXHIBIT E
Liberty Union High School District and City of Brentwood

PARTICIPANT RULES AND REGULATIONS FOR JOINT-USE POOL DURING NON-SCHOOL HOURS (HERITAGE HIGH SCHOOL POOL)

The Superintendent of the School District and the City Manager, or their designated representatives shall have the right to have and approve specific rules of operation and use of Heritage High School Pool. Participant Rules and Regulations will be given to the prospective renter and or user at the time of application.

City will collect fees on behalf of the School District when it pertains to Heritage High School pool during City hours of operation. Fees will be collected from user groups to use Heritage High School Pool during City hours of operation. Payment to the School District for their fees will be made upon receipt of invoice from the School District for the use of the Heritage High Pool. City will retain their fees.





EXHIBIT F
Liberty Union High School District and City of Brentwood

PARTICIPANT RULES AND REGULATIONS FOR
OUTDOOR ATHLETIC FIELDS AND COURTS

A. Varsity and Junior Varsity baseball/softball fields shall be kept clean. Dugouts shall be kept clean at all times.

B. All user groups must stay off areas that are wet for any reason or undergoing maintenance. Events must be canceled when these conditions exist. Violators will have their use permit taken away and all future requests for facility use denied.

C. Do not hit balls into baseball/softball backstops or fences.

D. No smoking on school grounds.

E. Users have exclusive use only for the facility/space designated on the use permit.

F. Jewelry/watches are not to be worn in practices/ games/matches on the field/court of play.

G. Staff/patrons are responsible for personal property. The City and School District are not responsible for staff/patron personal items left on the grounds/fields/courts, in the rest rooms or surrounding area.

H. Loitering in and/or around the facility grounds is prohibited.

I. No alcoholic beverages or controlled substances allowed in the facility, parking lot, or school grounds.

J. All users of the facilities will be held accountable to insure the facility is used in a responsible manner for the safety and welfare of the participants, spectators, and exposure of the facility to damage.

K. All users must pick up and dispose of garbage after each use of the facility.

L. No outside equipment may be brought onto the grounds without prior approval from the City or School District.







EXHIBIT G
Liberty Union High School District and City of Brentwood

PARTICIPANT RULES AND REGULATIONS FOR
SPORTS STADIUMS


A. Respect the neighbors when using our facilities.

B. The stadiums are CLOSED for use by the public during school hours.

C. Abide by the hours posted and approved on the Facility Use Permit.

D. Protect the track surface and fields.
• Wear proper athletic/running shoes on the track.
• No cleats, heels, and dress shoes allowed.
• No vehicles, including bicycles, skateboards, etc., on any surfaces.
• Joggers do not use first two inside lanes on surface.
• No food or beverages are allowed on the track or main football/soccer fields.

E. Clean up litter generated by your activity, including any litter left by
spectators.

F. Stay in the stands if you are a spectator.

G. Secure the facility after use.

H. Park in designated parking areas.

I. No dogs allowed in stadium.

J. Maintain press booth; clean and lock up after activity.

K. Outside groups must be trained in the use of the sound system before usage. Any damages to sound system will be billed to user group.

L. Snack Bar usage must be cleared and approved in advance in writing through Site Administrator.






Exhibit H.
List of City and School District Facilities


City Facilities:
Balfour Guthrie Park
Brentwood Community Center – Multi-Purpose Room
Brentwood Family Aquatic Complex
Oak Meadow Park
Mobile Stage and Bleachers
Sunset Park Athletic Complex
Future Brentwood Community Center
Future Brentwood Senior Activity Center
Future Brentwood Library

School District Facilities
Heritage High School Gymnasium
Heritage High School Pool
Heritage High Athletic Fields
Heritage High School Sports Stadiums
Heritage High School Tennis Courts
Liberty High School Gymnasiums
Liberty High School Sports Stadium




 
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov