HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2025-06-18COU No. 2526-240r
10/23/2025
COU No. 1415-142
AGREEMENT FOR JOINT USE OF FACILITIES
This Agreement is made and entered on the ` day of -'2 ti , 2014, in Ukiah,
Califarnia, by and between the City of Ukiah ("City"), and Ukiah Unified School District
District"). District and Ciry may each be referred to individually as "Party" or jointly as
Parties."
RECITALS
A. City operates a year round community recreation program that includes a variety of
classes and sports programs. These programs include youth basketball, girls' softball, adult co-ed
volleyball and softball, men's and women's softball, sport and specialty camps/leagues/clubs, and
a variety of special interest classes for adults and children such as dance, fitness, arts and crafts,
music, language, and cooking classes ("City recreation programs").
B. District organizes golf, swimming, and baseball classes and teams and has
occasional use for public meeting spaces in addition to those available on its campuses ("District
recreation programs").
C. Sections 10900 et. seg. of the Education Code ("Community Recreation Act")
authorize cities and school districts to maintain and operate joint use playgrounds and outdoor
playing fields in order to reduce capital and operational costs to both governmental jurisdictions
and provide recreational areas for the community as a whole.
D. Section 10910 of the Education Code provides that the governing body of any
school district may use or grant the use of grounds of the school district to any other public
authority for the purposes of joint use, whenever such use does not interfere with school uses.
E. The Parties have determined that it is in their mutual interest, subject to the terms
and conditions as further stated herein, to exchange the use of certain facilities owned and
maintained by them to support the recreation programs they each organize and conduct.
AGREEMENT
In consideration of the above-recited facts and the terms and conditions as further stated
herein the Parties hereby agree as follows:
1.The initial term of this Agreement shall be ten (10) years, beginning on
jL'7.' l" Z/' ("Commencement Date") and expiring on December 31, _
Expiration D e"), unless extended or earlier terminated as provided in this Agreement.
a.This Agreement may be terminated at any time by either Party,upon written
notice to the other Party thirty (30) days prior to termination. Upon receipt of notice, the Parties
agree to use their reasonable efforts to allow a transition from the shared use of facilities that
allows their respective programs to continue without undue disruption.
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COU No. 1415-142
b.This Agreement may be extended by mutual agreement for two (2) ten
10)-year extension terms, which, including the initial term, comprises a total of thirty (30) years
or longer, under the same terms and conditions of this Agreement. The Parties shall meet no later
than ninety (90) days prior to the expiration of the initial term or any eXtension to determine
whether to extend or terminate the Agreement.
2 Subject to the terms and conditions set forth in paragraph 4, the District shall make
available to City for its use in conducting City recreation programs its gymnasiums, multipurpose
rooms, class rooms, tennis courts, swimming pool facilities, and football, softball, soccer and
baseball fields.
3.Subject to the terms and conditions set forth in paragraph 4, the City shall make
available to District for classes, sports teams and public meeting spaces, its Conference Center,
golf course, swimming pool facilities, Anton Stadium, park facilities, Todd Grove Clubhouse,
Grace Hudson Museum meeting room, and Civic Center Council Chamber.
4.Except where special conditions are otherwise stated, the Parties shall make their
facilities available to each other in accordance with the following terms and conditions:
a.Each Party shall have the use of the facilities without charge, except that
each Party may charge the other a facilities maintenance fee, if the time and expense to clean and
prepare the facility for reuse exceeds a reasonable amount normally expected from routine use of
the facility. As to each facility the Parties shall agree to leave the facility clean and each Party is to
have performed general maintenance reasonably expected of the Party using the facility pursuant
to this agreement and the amount reasonably expected of the owner of the facility. Any bill under
this subparagraph for a facilities maintenance fee shall itemize the time, hourly rates and expenses
included in the bill. Each Party using the facility of the other shall pay all costs associated with
repairing any damage to the facility caused by that use, normal wear and tear excepted. If either
Party discovers such damage, it shall immediately notify the other and arrange a joint inspection of
the damage. Each Party shall provide written notice to the other party of the name and contact
information for the staff inember who will participate in the joint inspection.
b.Any Party's use of the other Party's facilities under this Agreement shall not
interfere with the normal use of the facility by the owner. Each Party shall have first priority for
the use of the other Party's facility, after the facility owner, barring any third party user who has
been previously scheduled. The Parties shall work cooperatively to schedule the use of such
facilities under this Agreement to avoid unnecessary inconvenience to each other and third party
facility users (i.e. community groups, private rentals, club/team activities, and sport groups). In
scheduling the use of facilities by third party facility users, the District and the City shall take into
consideration their past use of District and City facilities and use reasonable efforts to continue that
past use. The District and City shall provide reasonable notice of their intended use of the facilities
to each other.
c.Each Party shall exercise due care in providing adequate and legally
required supervision of its use of facilities under this Agreement. With respect to all facilities the
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COU No. 1415-142
use and supervision of the activity shall comply with any requirements imposed by state law or
local regulation or policy. The facility owner shall complete a use of facility document and provide
the Party using the facility with a contact person and phone number who can be reached at any time
while the facility is being used. All use of facility documents must be signed by an authorized
representative.
When either Party uses the swimming pool facilities of the other Party, the Party
using the swimming pool facility shall provide not less than two lifeguards who must be on duty
throughout the entire time that the pool is used by that Party, with the exception of the Ukiah
Municipal Pools where City of Ukiah lifeguards must be on duty. The cost of these lifeguards will
be absorbed by the City of Ukiah. The lifeguards must have current certifications required by state
law and any locally adopted regulation or policy. The number of lifeguards required shall be
dictated by the American Red Cross Guidelines and is currently at a ratio of one guard per
twenty-five swimmers. If the lifeguards are not supplied by the facility owner, the Party using the
facility must file current lifeguard certifications with the owner before using the facility.
d.No Party or any of its officers, agents, volunteers, contractors, or employees
shall be responsible for any damage or liability occurring by reason of any acts or omissions on the
part of the other Party under or in connection with any obligation delegated to the Parties under
this Agreement. Each Party shall indemnify, defend and hold harmless the other Party,its officers,
agents, volunteers, contractors, and employees from any and all liability, loss, expense (including
reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature
whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage
occurring by reason of any acts or omissions on the part of the Party's own officers, agents,
volunteers, contractors, invitees, and employees under or in connection with any obligation
delegated to such Party under this Agreement. This indemnity shall survive termination of this
Agreement.
e.Prior to using any facility under this Agreement and as a condition
precedent to its right to use such facilities, each Party shall provide the other Party with proof of
general comprehensive or commercial liability insurance satisfactory to the other Party with policy
limits of not less than $5,000,000 per occurrence and a general aggregate of limit of not less than
5,000, 000. Each policy shall name the other Party as an additional insured as to any use of
facilities under this Agreement Coverage under a memorandum of coverage issued by a joint
powers agency to which the Party belongs may be used to comply with the insurance requirements
in this subparagraph e. Each Party shall provide Workers' Compensation and Employers' Liability
insurance, as required by the State of California. The insurance coverage requirements in this
Section 4.e. shall be subject to review and adjustment to reflect coverages recommended by the
Parties' insurance advisors over the term of this Agreement. Any such adjustments shall be set
forth in a written amendment to the Agreement, agreed to by both Parties.
Each Party shall pay the utility costs for its own site.
g.Each Party shall be responsible for its separate trash collection provided to
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COU No. 1415-142
the site when the use generates an amount of trash in excess of that normally expected from routine
use of the facility.
5.Whenever notice is permitted or required under this Agreement, it shall be deemed
given when personally served by personal delivery or overnight courier or when delivered by fax
or email, but only if receipt of the fax or email is acknowledged, or 48 hours after deposited in the
United States mail with proper first class postage affixed thereto and addressed as follows:
UKIAH UNIFIED SCHOOL DISTRICT CITY OF UKIAH
Attention: Superintendent Ukiah Civic Center
511 S. Orchard Ave. Attention: City Manager
Ukiah, CA 95482 300 Seminary Avenue
FAX: Ukiah, CA 95482
Email: FAX:
Email:
or at such other address as such party may previously have advised the other party by notice
similarly given.
6.This constitutes the whole agreement between the Parties concerning its subject
matter and supersedes and replaces any prior agreements, statements or understandings that may
have existed between the Parties.
7.This Agreement may be executed in one or more duplicate originals and when so
executed each such duplicate original, bearing the original signatures of the Parties, shall be
admissible in any administrative or judicial proceeding as proof of its terms.
8.In the event of a dispute under this Agreement, each Party shall bear its own
attorneys' fees and costs.
9.The persons executing this Agreement on behalf of the Parties warrant that(i) such
person is duly authorized to execute and deliver this Agreement on behalf of said Party, (ii)by so
executing this Agreement, Party is formally bound to the provisions of this Agreement, and (iii)
entering into this Agreement does not violate any provision of any other agreement to which either
Party is bound.
10. There shall be no discrimination against any person on account of race, color,
religion, sex, marital status, national arigin, or ancestry in performance of the obli ations under
this Agreement.
WHEREFORE, this Agreement is made and entered on the date first written above.
DIST ICT UKI H
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Page 1 of 2
UKIAH UNIFIED SCHOOL DISTRICT
APPLICATION AND AGREEMENT FOR USE OF FACILITIES
District/Certificate Holder: Applicant:
Ukiah Unified School District
Address: 511 South Orchard
Avenue, Ukiah CA 95482
Company/Organization:
Non-profit organization? __Yes __No
Phone: (707)-472-5012
Email: kristinakeene@uusd.net
Requestor’s Name:
Must be an officer or authorized
representative of company/organization)
Address:
Phone: Email:
Facilities Requested.
School Site:
Facility/Room Requested:
Please indicate exact date(s) and time(s) requested.
One-time Use Daily Use Weekly Use Monthly Use
Month Date(s) Year Day of Week Time
from/to)
Expected
Attendance
of District
Students
Event /Program:
Will a donation, fee or charge be collected from participants? Yes No
If yes, how will the proceeds be used? _________________________________________________
Is the use non-exclusive and open to the public? ____ Yes ____ No
1.Indemnification: To the fullest extent permitted by law Applicant shall hold harmless, defend and indemnify
the District, its governing board, officers, agents and employees, from and against any liability, claim,
action, cost, damage or loss, including reasonable costs and attorneys’ fees, for injury, including death, to
any person or damage to any property arising out of the activities of Applicant or its agents, officers,
employees, invitees or guests in or about the Facilities, whether or not there is concurrent passive or active
negligence on the part of District, but excluding liability due to the sole negligence or willful misconduct of
District. This obligation shall continue beyond the term of this Agreement as to any act or omission that
occurred during or under this Agreement. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable to Applicant or its employees or
agents under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
2.Insurance: Attach a Certificate of Insurance with Additional Insured Endorsements specified in the
Insurance Required of Applicant Section clearly evidencing all coverage, limits, and endorsements required.
Said certificates shall be submitted prior to the execution of this Agreement. This policy shall not be canceled or
materially changed without first giving thirty (30) days prior written notice to District. Upon District’s written
request, certified copies of insurance policies shall be submitted within thirty (30) days of the District’s request.
Applicant’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. If
applicant, for any reason, fails to maintain insurance coverage as required, the right to use the Facilities shall be
deemed revoked.
3.Fees: Applicant understands that direct costs / fair rental value fees will be assessed in accordance with the
District’s policies and regulations. An application fee and % deposit on estimated use
fees are due upon submittal of this Application and Agreement for Use of Facilities. Applicant agrees
If this request is by the City of Ukiah, no other information is needed; skip to the signature section and sign.
Page 2 of 2
to remit payment in full within thirty (30) days after District’s issuance of an invoice.
4.Compliance with District Policies and Regulations: Applicant shall comply with District policies and
regulations concerning including, but not limited to, the prohibitions against unlawful discrimination and use
of tobacco and alcohol on District property. Applicant shall inform its staff and event/program participants
that tobacco and alcohol use are prohibited and shall strictly enforce the policy. Applicant shall not make any
modifications or alterations to the facilities without the advanced, specific, written authorization of District.
5.Supervision: Applicant shall be responsible for providing adequate personnel to supervise all persons who enter
the Facilities during Applicant’s authorized use periods.
6.Applicant is responsible to repair or replace anything damaged during their use. The District will inspect facility
after use to determine damages, if any.
Insurance Required of Applicant
As evidenced by Certificate of Liability Insurance, Additional Insured Endorsement and other Amendatory Endorsements:
Certificate Holder:
Ukiah Unified School District
511 South Orchard Avenue
Ukiah, CA 95482
Commercial General Liability or Personal Liability on an occurrence form with a minimum limit of $1,000,000 each
occurrence / $2,000,000 general aggregate for all groups except:
a)Seasonal Sports/Recreation Leagues, Sober Grad Organizations, or Private Events with 500+
attendees: Minimum limit of $2,000,000 each occurrence / $2,000,000 general aggregate.
b)Year Round Sports/Recreation Leagues: Minimum limit of $5,000,000 each occurrence / $5,000,000
general aggregate
c)Use of Swimming Pool Minimum limit of $6,000,000 each occurrence / $6,000,000 general aggregate.
Additional Insured Endorsement: This is a separate form attached to the certificate. The endorsement must name
Ukiah Unified School District, it’s elected or appointed officials, employees, agents and volunteers as Additional
Insured (or Additional Covered Party) under the general liability policy. Forms CG 2026 or CG 2011 or equivalent
required. For purposes of the CG 2011 only, this Agreement shall be deemed to be a lease. Blanket Additional
Insured forms are acceptable when accompanied with an approved Facility Use Agreement.
Evidence of Primary Insurance (either by endorsement or the actual page(s) of the policy typically found in the
Other Insurance” section of policy): Applicants insurance shall be primary insurance as respects to Ukiah Unified
School District, it’s elected or appointed officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by Ukiah Unified School District, its elected or appointed officials, employees, agents and volunteers
shall be excess and shall not contribute with it.
The individual signing below on behalf of Applicant warrants that he/she has read the foregoing terms and
conditions, that he/she is authorized to execute this document, and that this document constitutes a legally
binding obligation of the individual/organization which he/she represents.
Date: Applicant Signature:
Applicant Address________________________________ Telephone (_____)__________________________
For Office Use Only
Approved / Denied By: Date:
Site Administrator
Approved / Denied By: Date:
Business Office
Facility Available: Yes No
Estimated Fees:
Application Fee: $25.00 (non-refundable); Deposit: (applies toward fees); Date Paid: , 20__
District Cost: _______ Fair Rental Value: ________ Free: Labor Charge: Yes No
School Employee Support Required for this Rental: Yes No
Insurance Certificate Checklist:
Limits Adequate
Additional Insured Endorsement
Primary Wording Provided
Page 1 of 2
UKIAH UNIFIED SCHOOL DISTRICT
APPLICATION AND AGREEMENT FOR USE OF FACILITIES
District/Certificate Holder: Applicant:
Ukiah Unified School District
Address: 511 South Orchard
Avenue, Ukiah CA 95482
Company/Organization:
Non-profit organization? __Yes __No
Phone: (707)-472-5012
Email: kristinakeene@uXVd.net
Requestor’s Name:
Must be an officer or authorized
representative of company/organization)
Address:
Phone: Email:
Facilities Requested.
School Site:
Facility/Room Requested:
Please indicate exact date(s) and time(s) requested.
One-time Use Daily Use Weekly Use Monthly Use
Month Date(s) Year Day of Week Time
from/to)
Expected
Attendance
of District
Students
Will a donation, fee or charge be collected from participants? Yes No
If yes, how will the proceeds be used? _________________________________________________
Is the use non-exclusive and open to the public? ____ Yes ____ No
1.Indemnification: To the fullest extent permitted by law Applicant shall hold harmless, defend and indemnify
the District, its governing board, officers, agents and employees, from and against any liability, claim,
action, cost, damage or loss, including reasonable costs and attorneys’ fees, for injury, including death, to
any person or damage to any property arising out of the activities of Applicant or its agents, officers,
employees, invitees or guests in or about the Facilities, whether or not there is concurrent passive or active
negligence on the part of District, but excluding liability due to the sole negligence or willful misconduct of
District. This obligation shall continue beyond the term of this Agreement as to any act or omission that
occurred during or under this Agreement. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable to Applicant or its employees or
agents under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
2.Insurance: Attach a Certificate of Insurance with Additional Insured Endorsements specified in the
Insurance Required of Applicant Section clearly evidencing all coverage, limits, and endorsements required.
Said certificates shall be submitted prior to the execution of this Agreement. This policy shall not be canceled or
materially changed without first giving thirty (30) days prior written notice to District. Upon District’s written
request, certified copies of insurance policies shall be submitted within thirty (30) days of the District’s request.
Applicant’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. If
applicant, for any reason, fails to maintain insurance coverage as required, the right to use the Facilities shall be
deemed revoked.
3.Fees: Applicant understands that direct costs / fair rental value fees will be assessed in accordance with the
District’s policies and regulations. An application fee and % deposit on estimated use
fees are due upon submittal of this Application and Agreement for Use of Facilities. Applicant agrees
Event /Program: City of Ukiah Summer School Safari Camp
If this request is by the City of Ukiah, no other information is needed; skip to the signature section and sign.
cborgna@cityofukiah.com
Cafeteria, gym, stage, entire outside campus (outside tables, field,
blacktops and playgrounds), all classrooms available/designated for use
by UUSD/site principal, and an emergency use room in case needed.
City of Ukiah - Day Camp
City of Ukiah
411 W. Clay St., Ukiah, CA
Yokayo Elementary School
June 10 -Monday-Friday 11:30am-6pm 400 per day 100%
July 18, 2025
Cassandra Borgna
707-272-2257
Page 2 of 2
to remit payment in full within thirty (30) days after District’s issuance of an invoice.
4.Compliance with District Policies and Regulations: Applicant shall comply with District policies and
regulations concerning including, but not limited to, the prohibitions against unlawful discrimination and use
of tobacco and alcohol on District property. Applicant shall inform its staff and event/program participants
that tobacco and alcohol use are prohibited and shall strictly enforce the policy. Applicant shall not make any
modifications or alterations to the facilities without the advanced, specific, written authorization of District.
5.Supervision: Applicant shall be responsible for providing adequate personnel to supervise all persons who enter
the Facilities during Applicant’s authorized use periods.
6.Applicant is responsible to repair or replace anything damaged during their use. The District will inspect facility
after use to determine damages, if any.
Insurance Required of Applicant
As evidenced by Certificate of Liability Insurance, Additional Insured Endorsement and other Amendatory Endorsements:
Certificate Holder:
Ukiah Unified School District
511 South Orchard Avenue
Ukiah, CA 95482
Commercial General Liability or Personal Liability on an occurrence form with a minimum limit of $1,000,000 each
occurrence / $2,000,000 general aggregate for all groups except:
a)Seasonal Sports/Recreation Leagues, Sober Grad Organizations, or Private Events with 500+
attendees: Minimum limit of $2,000,000 each occurrence / $2,000,000 general aggregate.
b)Year Round Sports/Recreation Leagues: Minimum limit of $5,000,000 each occurrence / $5,000,000
general aggregate
c)Use of Swimming Pool Minimum limit of $6,000,000 each occurrence / $6,000,000 general aggregate.
Additional Insured Endorsement: This is a separate form attached to the certificate. The endorsement must name
Ukiah Unified School District, it’s elected or appointed officials, employees, agents and volunteers as Additional
Insured (or Additional Covered Party) under the general liability policy. Forms CG 2026 or CG 2011 or equivalent
required. For purposes of the CG 2011 only, this Agreement shall be deemed to be a lease. Blanket Additional
Insured forms are acceptable when accompanied with an approved Facility Use Agreement.
Evidence of Primary Insurance (either by endorsement or the actual page(s) of the policy typically found in the
Other Insurance” section of policy): Applicants insurance shall be primary insurance as respects to Ukiah Unified
School District, it’s elected or appointed officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by Ukiah Unified School District, its elected or appointed officials, employees, agents and volunteers
shall be excess and shall not contribute with it.
The individual signing below on behalf of Applicant warrants that he/she has read the foregoing terms and
conditions, that he/she is authorized to execute this document, and that this document constitutes a legally
binding obligation of the individual/organization which he/she represents.
Date: Applicant Signature:
Applicant Address________________________________ Telephone (_____)__________________________
For Office Use Only
Approved / Denied By: Date:
Site Administrator
Approved / Denied By: Date:
Business Office
Facility Available: Yes No
Estimated Fees:
Application Fee: $25.00 (non-refundable); Deposit: (applies toward fees); Date Paid: , 20__
District Cost: _______ Fair Rental Value: ________ Free: Labor Charge: Yes No
School Employee Support Required for this Rental: Yes No
Insurance Certificate Checklist:
Limits Adequate
Additional Insured Endorsement
Primary Wording Provided
5/9/25
411 W. Clay St., Ukiah, CA 707 272-2257