HomeMy WebLinkAbout2014-137 1 RESOLUTION NO. 2014-137
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
3 OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN
4 BERNARDINO CITY UNIFIED SCHOOL DISTRICT REGARDING USE OF THE
FACILITIES AT 8088 PALM LANE FOR CITY PROGRAMS AT THE CENTER FOR
5 INDIVIDUAL DEVELOPMENT.
6 BE IT RESOLVED BY THE MAYOR AND THE COMMON COUNCIL OF
7 THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager is hereby authorized to execute a Memorandum of
9
Understanding between the City of San Bernardino and the San Bernardino City Unified
10
11 School District attached hereto as Exhibit"A" and incorporated herein;
12 SECTION 2. The authorization to execute the above referenced agreement is
13 rescinded if not executed by both parties within sixty (60) days of the passage of this
14 resolution.
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2014-137
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
2 OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT REGARDING USE OF THE
3 FACILITIES AT 8088 PALM LANE FOR CITY PROGRAMS AT THE CENTER FOR
4 INDIVIDUAL DEVELOPMENT.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 19th day of May , 2014, by the following vote:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ x
11 BARRIOS x
12 VALDIVIA x
13 SHORETT x
14
NICKEL x
15
16 JOHNSON x
17 MULVIHILL x
18 •
19 Georg: Hanna, City Clerk
20
The foregoing resolution is hereby approved this , / day of May , 2014.
21 L1
22 L- �
23 R. CAREY P AVIS, Mayor
City of S. Bernardino
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
26
By .y _•
27
28
2014-137
Memorandum of Understanding between the
San Bernardino City Unified School District
and the
City of San Bernardino
for the Use of a Portion of PROPERTY Located at
8088 Palm Lane, San Bernardino, CA
This Memorandum Of Understanding (MOU) is approved and entered into as of this 1 9th day of
,y, , 2014 (Effective Date), by and between SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT, a California public school district duly organized and existing under
Chapter 1 of Division 3 of Title 2 of the Education Code of the State of California (hereinafter
"DISTRICT") and the CITY OF SAN BERNARDINO, a charter city organized under the laws
of the State of California (hereinafter "CITY"). The DISTRICT and the CITY are sometimes
hereinafter referred to individually as a "PARTY" and collectively as the "PARTIES."
RECITALS
A. The DISTRICT and the CITY are entering into this MOU in order to provide for the use
by the CITY of those certain facilities (the "FACILITIES") located at 8088 Palm Lane
(the "PROPERTY"), in San Bernardino that are owned, or will be owned, by the
DISTRICT. The FACILITIES are more particularly described in Exhibit "A" attached
hereto and incorporated herein;
B. The FACILITIES and PROPERTY are presently owned by the COUNTY of San
Bernardino (the "COUNTY") and utilized by the CITY for the purpose of operating
certain existing CITY programs (CITY Programs), as identified in Exhibit `B" attached
hereto and incorporated herein;
C. The DISTRICT intends to take title to the FACILITIES and PROPERTY at the
expiration of a ninety (90) day transition period (90-Day Transition Period), as explained
in greater detail below;
D. The DISTRICT and the CITY desire to clarify the terms of the CITY's use of the
FACILITIES as set forth below; and
E. This MOU will, upon approval by both PARTIES, supersede any and all prior
agreements entered into between the CITY and the DISTRICT as to the FACILITIES and
PROPERTY.
Now, therefore, the PARTIES hereto, for the consideration hereinafter expressed, covenant and
agree as follows:
1. Transition Period.
1.1 The PARTIES agree that the transfer of title of the FACILITIES and the
PROPERTY to the DISTRICT will take place after the 90-Day Transition Period
which commences upon the Effective Date. Upon expiration of the 90-Day
Transition Period, the DISTRICT will take all commercially reasonable steps to
take title to the FACILITIES and the PROPERTY, including obtaining any
required Board approvals and recording a grant deed.
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1.2 During the 90-Day Transition Period and prior to the date that the DISTRICT
takes title to the FACILITIES and the PROPERTY, the DISTRICT shall have no
responsibility for or obligation to pay any costs or expenses related to the
FACILITIES and/or the PROPERTY, including but not limited to costs and
expense for maintenance, repair, taxes, surcharges, or fees of any nature or from
any source.
2. Right of Entry.
2.1 As of the Effective Date, the CITY hereby grants to the DISTRICT a right of
entry onto the FACILITIES and the PROPERTY to allow the DISTRICT to
conduct the due diligence determined necessary in the DISTRICT's sole
discretion without restriction.
2.2 The CITY represents and warrants that, as of the Effective Date and throughout
the 90-Day Transition Period, the CITY has the legal right to grant the DISTRICT
a right of entry onto the FACILITIES and the PROPERTY to grant the
DISTRICT the right of entry to conduct the aforesaid due diligence on the
FACILITIES and the PROPERTY.
3. CITY's Use of FACILITIES After DISTRICT Takes Title to FACILITIES and
PROPERTY.
3.1 Use of FACILITIES.
3.1.1 Once the DISTRICT has taken title to the FACILITIES and the
PROPERTY, the DISTRICT shall permit the CITY's use of the
FACILITIES only for the CITY's continued operation of the CITY
Programs and for no other purpose unless agreed to in writing by the
PARTIES.
3.1.2 The CITY's use of the FACILITIES must be requested and contracted for
through the DISTRICT's then-current Application for Use of School
Facilities, and in accordance with the DISTRICT's then-current Board
Policies and Administrative Regulations. A copy of the current
Application for Use of School Facilities is attached hereto as Exhibit "C."
CITY shall be subject to all terms and conditions set forth in the
DISTRICT's then-current Application for Use of School Facilities and
then-current Board Policies and Administrative Regulations. If a conflict
arises between this MOU and the terms and conditions of the DISTRICT's
Application for Use of School Facilities or Board Policies and
Administrative Regulations,then the terms of this MOU shall govern.
3.1.3 Once the DISTRICT has taken title to the FACILITIES and the
PROPERTY, the DISTRICT shall be responsible and obligated to pay all
costs or expenses related to the FACILITIES or PROPERTY, including
but not limited to costs and expenses for maintenance, repair, taxes,
surcharges, or fees of any nature or from any source.
3.2 Operation of CITY Programs. At all times, the CITY shall be solely responsible
for all costs and expenses associated with the operation of the CITY Programs,
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including but not limited to all supplies, equipment, staffing, utilities, and
custodial, for the CITY Programs.
3.3 Tenn. The DISTRICT shall give the CITY the first priority to use the
FACILITIES so long as the CITY continues to operate the CITY Programs.
Either PARTY may terminate this MOU upon thirty (30) days written notice to
the other party for any reason.
3.4 Continuation of CITY Programs. In the event that the CITY fails or ceases to
operate the CITY Programs for any reason, or the CITY cancels all of the CITY
Programs for any reason, this MOU will terminate. The CITY will notify the
DISTRICT in writing within 72 hours of any failure to fund and/or decision to
cease funding all of the CITY Programs or cancellation of all of the CITY
Programs for any reason. Notwithstanding the foregoing, this MOU will remain
in effect so long as one or more of the CITY Programs are operated by the CITY
and not otherwise cancelled by the CITY.
3.5 Removal of Personal PROPERTY. Within thirty (30) calendar days of
termination of the MOU, the CITY will vacate the FACILITIES and remove from
the FACILITIES all personal property. In the event that the CITY fails to remove
its personal property within the thirty (30) day period, the DISTRICT may
dispose of such personal property and invoice the CITY for the cost of such
disposal, which the CITY shall pay in full within thirty (30) days of receipt of the
invoice.
4. Compliance With Law. At all times, the PARTIES shall comply with all laws,
ordinances, rules, and regulations applicable to the FACILITIES, enacted or promulgated
by any public or governmental authority or agency, including without limitation the
DISTRICT or CITY, having jurisdiction over the FACILITIES.
5. Binding Effect; Partial Invalidity. This MOU shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. If any provision
of this MOU shall be held invalid or unenforceable by a court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
MOU.
6. Counterparts. This MOU may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an original
and all of which shall constitute one and the same instrument.
7. Notices. Any notices, documents, correspondence or other communications concerning
this Agreement or the work hereunder may be provided by first class mail and shall be
addressed as set forth below.
IF TO THE CITY: IF TO THE SCHOOL DISTRICT:
Allen J. Parker, City Manager John Peukert, Asst. Superintendent
300 N. "D" Street 956 W. 9th Street
San Bernardino, CA 92418 San Bernardino, CA 92411
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Indemnification. Each Party shall hold harmless, and indemnify the other Party and its
directors, officers, agents and employees against any and all loss, liability, damage, or
expense, including any direct, indirect or consequential loss, liability, damage, or
expense, including attorney's fees, for injury or death to persons, including employees of
either Party, and damage to property, including property of either Party, arising out of or
in connection with intentional, willful, wanton, reckless or negligent conduct regarding
(a) the engineering, design, construction, maintenance, repair, operation, supervision,
inspection, testing, protection or ownership of the FACILITIES and PROPERTY, or (b)
the making of replacements, additions, or improvements to, or reconstruction of, the
FACILITIES or PROPERTY. However, neither Party shall be indemnified hereunder for
any loss, liability, damage, or expense resulting from its sole negligence or willful
misconduct.
IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed
this MOU, as of the Effective Date set forth above.
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
By:
Its:
Date:
CITY OF SAN BERNARDINO
By:
Allen J. Parker, City Manager
Date:
APPROVAL AS TO FORM:
Gary D. Saenz, City Attorney
B (.►o
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EXHIBIT A
DESCRIPTION OF FACILITIES
All that certain real property with a common address of 8088 Palm Lane in the City of San
Bernardino, with an Assessor's Parcel Number of 0279-042-12, that is situated in the County of
San Bernardino, State of California is the subject of this MOU ("PROPERTY").
All those improvements upon the PROPERTY are the subject of this MOU ("FACILITIES").
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EXHIBIT B
DESCRIPTION OF CITY PROGRAMS
C.I.D. Activities/Programs
Regular Programs
• Teen/Sunshine Club Monday-Friday 2pm-5pm
This is an after school program for youth and young adults with developmental disabilities.
This program has 25 participants that attend daily.
• Merri-Mixers- Tuesday-Thursday 9:30pm-12:30pm
This is a social-recreation program for adults with developmental disabilities. This program
has 12 participants that attend daily.
• Twinges & Hinges-Monday-Wednesday & Friday 2:45pm-4:45pm
Adults with physical disabilities and seniors participate in this aquatics group exercise
program in the warm water therapy pool at C.I.D. This program has about 35 participants in
it daily.
• Adult Swim- Wednesdays and Fridays 12:OOpm-1:45pm
In Adult Swim, they practice individual exercise. Participants in both programs experience
greatly improved physical, mental and emotional health. This program has about 12
participants in its daily
• Sea Turtles- Monday-Wednesday & Friday 5pm-7:45pm Saturdays l0am-2:15pm
Swim lessons for children and adults teaching the basics of swimming as well as a swim
team 8 session per month. This program has about 50 +participants monthly.
• Aerobics—this is an exercise program for the community. Monday- Friday 9am-l0am.
They have 30 participants daily.
Events
• C.I.D.Awards 1 day in March from 5:30pm-8:30pm. It is an awards dinner where we
recognize the past years donors as well as volunteers. This event takes place in a TBA
location. There are usually about 150 people that attend.
• C.I.D. Walk-A-thon April 16, 2014 2:30-pm-4:30pm . This is a C.I.D. Fundraiser that we
hold out in the park. The participants walk around a outlined track for 2 hours in order to
raise money for the programs. This event usually has about 75 people attend. If they are not
able to walk on the grass then they can walk in the pool during the Twinges & Hinges Class.
• C.I.D. Prom May 23, 2014 2pm-5pm . Is an event for the Teen Sunshine club, their friends
and family. This event gives them an opportunity to live what mainstreamed teens get to
experience while in mainstream high school. Food is served, Pictures are taken, and there is
lots of dancing . This event usually has about 150 people attend. The event is held in a TBA
location.
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• C.I.D. Family Day September 17, 2014 1:45pm-4:45pm. This event is held in the back patio
of the C.I.D. There are games to play, we have a BBQ an potluck, there is a DJ, and the
participants and guests get to go swimming as well. There are usually about 75 participants
in this event
• C.I.D. Haunted House- October 2014. This is a C.I.D Fundraiser that we hold in a TBD
location. The Haunted House is designed into a maze, Enter at you own Risk, Choose from
no scare,half scare or full scare. This event usually has 200 +people attend.
• YMCA parade December 6, 2014. The C.I.D. and some of its participants from Various
Programs participate in the annual Christmas Parade and there are usually about 45
participants.
• C.I.D. Movie in the Park-
Movies in the Park is normally held in June on a Friday at the C.I.D. Park. Families bring
their chairs, blankets, and their choice of goodies to snack on during the movie. There are
normally 150 people in attendance.
Public Drop-Ins
• Community options- come and use our kitchen twice a week on Tuesdays & Wednesdays
12:OOpm-2:OOpm this program is a outside community program for adults with
Developmental Disabilities that comes and uses our kitchen. The program teaches their
clients how to cook. They have 16 participants attend this program.
• Highland/San Bernardino First Step—a community program for adults with disability.
They teach their clients different skills i.e. cleaning. They work outside on the patio cleaning
up the area. Monday-Friday l Dam-12pm. They have 14 clients daily.
• Friends of the C.I.D. meetings once a month 6pm-9pm. This is a non-profit organization
that helps raise money for the C.I.D. They have 17 members that attend the meetings.
Page 7 of 9
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EXHIBIT C
CURRENT APPLICATION FOR USE OF SCHOOL FACILITIES
San Bernardino City Unified School District
APPLICATION FOR USE OF SCHOOL FACILITIES
NAME opORGANIZATION . _-_' _-______ __ ___'______ TODAY'S DATE
SCHOOL REQUESTED___ ___ __--___ ___ ROOM on AREA
______
STARTING
UST EACH DATE _ __ ___________________ _______� TIME ENDING__
ruserwsnoes WILL BE LIMITED TO^MONTHS PER APPL,"ANON
WILL SCHOOl.EQUIPMENT BE NEEDED? CUSTOOIAN NEEDED?
/=so.PLEASE LIST RETIE°°"RT=,=NC."~USERS RE"PONS.=°."ENSURE FACtLi"°".=~,.,~NC`ON.AL) .°SO,=""ATEq
NATURE o,USE _ __--_______-_____
AIR CONDITIONING _ HEATING. WILL FOOD vE SERVED on SOLD?
_____-__
DO YOU HAVE LIABILITY INSURANCE? YES NO /,YES,HOW MUCH?
__
INSURANCE COMPANY NAME&ADDRESS. .
ESTIMATED ATTENDANCE _ -__ ADMISSION FEE S -- COLLECTION: YES
IS THE ORGANIZATION MAKING APPLICATtON A RELIGIOUS CREED.CHURCH,OR SECTARIAN DENOMINATION? YES NO
ISO'IN ANY WAY CONNECTED WON OR GIViNG SUPPORT DR AIDE TO A PEUGK)US GROUP,CHURCH,CREED,OR SECTARIAN DENOMINATION? YES
REFER TO GENERAL RULES ON BACK OF THIS FORM,
The undersigned hereby Iglees to be personaly responsible,Oct behalf"'the above-named"np""^*~.m for any damage°the school building°appurtenances thereof,
accruing through the occupancy*said building*sad organization;(2)m conform u all*°rules and regulations w the San Bernardino City Board mEducation
governing the use"'school facilities;(3)*pay promptly all invoices for services,Including food services.v any,furnished bythe District;and(4)the
agrees 10 irrrrvrrfy,detend and save harmless the San Beqnirdir,City Urriled SCh001 District.fts officers
(name of organization°undersigned)
--
agents,and employees from and against any and all claims,demands,losses,de*.=and other litigation costs,°..iabildy*any kind°nature+*the District,Its officers,
agents,and employees may sustain~incur~which may w imposed upon them Ice.~"y°°death*persons,°damage*property=^result of,arising out of.=^any
manner corrected with _______'".�*m*.�^=.*�=w,/m��"/*a=~="*~."��w��=w�°m*="
_ .(=������*___
negligence m the District."*agreed and understood that __' ",°m�"..w��.°�.*�."m=���
_ --_ (name of organization)
are mp*"*the _ ___ '____ and not the District
name 01 orgarrlzaroirl
The undersigned also states,^"behalf°/the above-named organization and°.hebest~Ns°her knowledge,"°.the school property m question will nog beused for.~
curnvnrssion of any act lirlerrded to turttner any program or monerrinnt lot trw purpose of which a to acovarinsIr the overthrow cr4 the gorienirrient of the United States by force,
w"*~e.=other unlawful means Furthermore,the undersigned states that the organization OR whose behalf he tes.is making application for use*="ool property,does not,
m the best m his°her knowledge,advocate the Overthrow*"~government w the United States~*the Stale*Calif"wby force.violence,°other unlawful means,and
that,*m°best*his or her knowledge,^^not"Communist action organization=Communist front organization required by law mberegistered with the Attorney General 01
the United States.This statement m made under the pe~niesuperjury.
BUDGET NUMBER TO""CHARGED_ ______._ _____' -__(MUST o"COMPLETED BEFORE APPROVAL)
,m~=n",Of PERSON APPLYING
-- -(SIGNATURE)-------' (MUST BE RESPONSIBLE ADULT)— ----(PRINT NAME)
HOME.
«m°m* PHONE WORK-
----T�~�— ---------�m[-----'----------(Zi°------
"EmEIS="u~~~NTS.
*FE ADMINISTRATOR:
-
FACIUTIES AVAILABLE UNDER:
o°x CENTER ACT___ _' COS,OF=~°"0os____________ "="e=IAL RATE
____
Scirom*"°.° ""°,m"=COSTS ONLY__' O,NE° __
APPROVED BY: ____________�____�______ _-- PATE
DISTRIBUTION: WHITE p=w.s Orrice GREEN•School CANARY'Sire Custodian ,/*K School Police GOLD Applicant
uv-2o'us,0=e)
Page 8 of 9
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CUSTODIAN'S REPORT ON USE OF BUILDING
Conduct of Meeting
Approx.Number in Attendance Room(s)Used
Custodial Time Used: Regular Overtime
Equipment Used
Signature of Custodian School
Additional Remarks: •
General Rules and Regulations Regarding Facility Utilization
(See also Appendix A of Use of Facilities Policy,Regulations,&Fees Brochure)
I. School property may not be used for public dances,parties,or wedding receptions.(Refer to Rule 41
2. Arrangements for use of school equipment must be made with the individual school principal's secretary.
3. School furniture or equipment may not be removed or displaced without permission from the school employee in charge. No alteration to
field or facility is allowed for any reason.
4. Permits will not he granted for personal or indivudual use of school properly and equipment.
5. All permits shall be issued for specific hours;no permit will be issued to extend later than 1100 p.m.
6. Permits may be revoked without previous notice when conflicting dates occur or when the need of the property for public school
purposes has subsequently developed.For other cause,permits may be revoked at any time upon reasonsable notice.
7. All persons using school facilities shall assume full responsibility for any damage or abuse and shall ensure the same degree of mainte-
nance and cleanliness found upon arrival at the facility.No alcoholic beverages allowed at any time.No smoking at any time.
8. No applications will be accepted more than 30 days in advance.Reservations will be made for no more than three(3)months at a time.
9. Cafeteria kitchen facilities may be used only under the supervision of the Cafeteria Manager.Arrangement for food services must be
made directly with said Cafeteria Manager prior to filing the application.
10. There shall be,at all times.a custodian or other member of the school staff on duty whose responsibility it is to open,clean,and close
and to enforce all rules and regulations and to report any violations to the principal and facilities secretary.
11. Charges for use of District facilities,where applicable,are payable in advance,at least two days prior to use.Charges may be determined
from schedule of rates.Facilities will not be opened unless payment has been made.Payment of charges should be made payable to the
"San Bernardino City Unified School District".
12. User notification of a cancellation must be made at!cast 48 hours(working days)in advance or you will be charged for costs incurred by the District.
13. Facilities are available during vacation periods only if the use does not conflict with cleaning and renovating activities.
14. At the time of scheduling,additional rules and procedures may be added verbally by school personnel-or as conditions arise that necessitate
any changes.
15. User agrees to provide supervision in the ratio of one adult io every 25 youths.
16. Refer also to Use of Facilities Rules,and Regulations pamphlet.Copies may be obtained from the facility desk.
17. Call site requested one(I)work day prior to occasion to confirm someone will be there to open facility.
18. Must meet insurance guidelines as noted in the use of Facilities Policy,Regulations,and Fees brochure.
19. Opening a facility under special circumstances a$250.00 deposit for room may be available through Building Services.
20. In case of an emergency,contact School Police at(9091 388-6130.
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•
Memorandum of Understanding between the
San Bernardino City Unified School District
and the
City of San Bernardino
for the Use of a Portion of PROPERTY Located at
8088 Palm Lane, San Bernardino, CA
This Memorandum Of Understanding (MOU) is approved and entered into as of this 1 9th day of
,y: , 2014 (Effective Date), by and between SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT, a California public school district duly organized and existing under
Chapter 1 of Division 3 of Title 2 of the Education Code of the State of California (hereinafter
"DISTRICT") and the CITY OF SAN BERNARDINO, a charter city organized under the laws
of the State of California (hereinafter "CITY"). The DISTRICT and the CITY are sometimes
hereinafter referred to individually as a"PARTY" and collectively as the "PARTIES."
RECITALS
A. The DISTRICT and the CITY are entering into this MOU in order to provide for the use
by the CITY of those certain facilities (the "FACILITIES") located at 8088 Palm Lane
(the "PROPERTY"), in San Bernardino that are owned, or will be owned, by the
DISTRICT. The FACILITIES are more particularly described in Exhibit "A" attached
hereto and incorporated herein;
B. The FACILITIES and PROPERTY are presently owned by the COUNTY of San
Bernardino (the "COUNTY") and utilized by the CITY for the purpose of operating
certain existing CITY programs (CITY Programs), as identified in Exhibit `B" attached
hereto and incorporated herein;
C. The DISTRICT intends to take title to the FACILITIES and PROPERTY at the
expiration of a ninety (90) day transition period (90-Day Transition Period), as explained
in greater detail below;
D. The DISTRICT and the CITY desire to clarify the terms of the CITY's use of the
FACILITIES as set forth below; and
E. This MOU will, upon approval by both PARTIES, supersede any and all prior
agreements entered into between the CITY and the DISTRICT as to the FACILITIES and
PROPERTY.
Now, therefore, the PARTIES hereto, for the consideration hereinafter expressed, covenant and
agree as follows:
1. Transition Period.
1.1 The PARTIES agree that the transfer of title of the FACILITIES and the
PROPERTY to the DISTRICT will take place after the 90-Day Transition Period
which commences upon the Effective Date. Upon expiration of the 90-Day
Transition Period, the DISTRICT will take all commercially reasonable steps to
take title to the FACILITIES and the PROPERTY, including obtaining any
required Board approvals and recording a grant deed.
Page 1 of 9
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1.2 During the 90-Day Transition Period and prior to the date that the DISTRICT
takes title to the FACILITIES and the PROPERTY, the DISTRICT shall have no
responsibility for or obligation to pay any costs or expenses related to the
FACILITIES and/or the PROPERTY, including but not limited to costs and
expense for maintenance, repair, taxes, surcharges, or fees of any nature or from
any source.
2. Right of Entry.
2.1 As of the Effective Date, the CITY hereby grants to the DISTRICT a right of
entry onto the FACILITIES and the PROPERTY to allow the DISTRICT to
conduct the due diligence determined necessary in the DISTRICT's sole
discretion without restriction.
2.2 The CITY represents and warrants that, as of the Effective Date and throughout
the 90-Day Transition Period, the CITY has the legal right to grant the DISTRICT
a right of entry onto the FACILITIES and the PROPERTY to grant the
DISTRICT the right of entry to conduct the aforesaid due diligence on the
FACILITIES and the PROPERTY.
3. CITY's Use of FACILITIES After DISTRICT Takes Title to FACILITIES and
PROPERTY.
3.1 Use of FACILITIES.
3.1.1 Once the DISTRICT has taken title to the FACILITIES and the
PROPERTY, the DISTRICT shall permit the CITY's use of the
FACILITIES only for the CITY's continued operation of the CITY
Programs and for no other purpose unless agreed to in writing by the
PARTIES.
3.1.2 The CITY's use of the FACILITIES must be requested and contracted for
through the DISTRICT's then-current Application for Use of School
Facilities, and in accordance with the DISTRICT's then-current Board
Policies and Administrative Regulations. A copy of the current
Application for Use of School Facilities is attached hereto as Exhibit "C."
CITY shall be subject to all terms and conditions set forth in the
DISTRICT's then-current Application for Use of School Facilities and
then-current Board Policies and Administrative Regulations. If a conflict
arises between this MOU and the terms and conditions of the DISTRICT's
Application for Use of School Facilities or Board Policies and
Administrative Regulations,then the terms of this MOU shall govern.
3.1.3 Once the DISTRICT has taken title to the FACILITIES and the
PROPERTY, the DISTRICT shall be responsible and obligated to pay all
costs or expenses related to the FACILITIES or PROPERTY, including
but not limited to costs and expenses for maintenance, repair, taxes,
surcharges, or fees of any nature or from any source.
3.2 Operation of CITY Programs. At all times, the CITY shall be solely responsible
for all costs and expenses associated with the operation of the CITY Programs,
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including but not limited to all supplies, equipment, staffing, utilities, and
custodial, for the CITY Programs.
3.3 Term. The DISTRICT shall give the CITY the first priority to use the
FACILITIES so long as the CITY continues to operate the CITY Programs.
Either PARTY may terminate this MOU upon thirty (30) days written notice to
the other party for any reason.
3.4 Continuation of CITY Programs. In the event that the CITY fails or ceases to
operate the CITY Programs for any reason, or the CITY cancels all of the CITY
Programs for any reason, this MOU will terminate. The CITY will notify the
DISTRICT in writing within 72 hours of any failure to fund and/or decision to
cease funding all of the CITY Programs or cancellation of all of the CITY
Programs for any reason. Notwithstanding the foregoing, this MOU will remain
in effect so long as one or more of the CITY Programs are operated by the CITY
and not otherwise cancelled by the CITY.
3.5 Removal of Personal PROPERTY. Within thirty (30) calendar days of
termination of the MOU, the CITY will vacate the FACILITIES and remove from
the FACILITIES all personal property. In the event that the CITY fails to remove
its personal property within the thirty (30) day period, the DISTRICT may
dispose of such personal property and invoice the CITY for the cost of such
disposal, which the CITY shall pay in full within thirty (30) days of receipt of the
invoice.
4. Compliance With Law. At all times, the PARTIES shall comply with all laws,
ordinances, rules, and regulations applicable to the FACILITIES, enacted or promulgated
by any public or governmental authority or agency, including without limitation the
DISTRICT or CITY, having jurisdiction over the FACILITIES.
5. Binding Effect; Partial Invalidity. This MOU shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. If any provision
of this MOU shall be held invalid or unenforceable by a court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
MOU.
6. Counterparts. This MOU may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an original
and all of which shall constitute one and the same instrument.
7. Notices. Any notices, documents, correspondence or other communications concerning
this Agreement or the work hereunder may be provided by first class mail and shall be
addressed as set forth below.
IF TO THE CITY: IF TO THE SCHOOL DISTRICT:
Allen J. Parker, City Manager John Peukert, Asst. Superintendent
300 N. "D" Street 956 W. 9th Street
San Bernardino, CA 92418 San Bernardino, CA 92411
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Indemnification. Each Party shall hold harmless, and indemnify the other Party and its
directors, officers, agents and employees against any and all loss, liability, damage, or
expense, including any direct, indirect or consequential loss, liability, damage, or
expense, including attorney's fees, for injury or death to persons, including employees of
either Party, and damage to property, including property of either Party, arising out of or
in connection with intentional, willful, wanton, reckless or negligent conduct regarding
(a) the engineering, design, construction, maintenance, repair, operation, supervision,
inspection, testing, protection or ownership of the FACILITIES and PROPERTY, or (b)
the making of replacements, additions, or improvements to, or reconstruction of, the
FACILITIES or PROPERTY. However, neither Party shall be indemnified hereunder for
any loss, liability, damage, or expense resulting from its sole negligence or willful
misconduct.
IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed
this MOU, as of the Effective Date set forth above.
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
By:
Its: 301 v� �e ct k r�
Date: / '?-- J �f
CITY OF SAN BERNARDINO
By:
A'en J. arke , City Manager
Date: � y
APPROVAL AS TO FORM:
Gary D. Saenz, City Attorney
B _AL
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EXHIBIT A
DESCRIPTION OF FACILITIES
All that certain real property with a common address of 8088 Palm Lane in the City of San
Bernardino, with an Assessor's Parcel Number of 0279-042-12, that is situated in the County of
San Bernardino, State of California is the subject of this MOU ("PROPERTY").
All those improvements upon the PROPERTY are the subject of this MOU ("FACILITIES").
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• EXHIBIT B
DESCRIPTION OF CITY PROGRAMS
C.I.D. Activities/Programs
Regular Programs
• Teen/Sunshine Club Monday-Friday 2pm-5pm
This is an after school program for youth and young adults with developmental disabilities.
This program has 25 participants that attend daily.
• Merri-Mixers- Tuesday-Thursday 9:30pm-12:30pm
This is a social-recreation program for adults with developmental disabilities. This program
has 12 participants that attend daily.
• Twinges & Hinges- Monday-Wednesday & Friday 2:45pm-4:45pm
Adults with physical disabilities and seniors participate in this aquatics group exercise
program in the warm water therapy pool at C.I.D. This program has about 35 participants in
it daily.
• Adult Swim- Wednesdays and Fridays 12:OOpm-1:45pm
In Adult Swim, they practice individual exercise. Participants in both programs experience
greatly improved physical, mental and emotional health. This program has about 12
participants in its daily
• Sea Turtles- Monday-Wednesday & Friday 5pm-7:45pm Saturdays l0am-2:15pm
Swim lessons for children and adults teaching the basics of swimming as well as a swim
team 8 session per month. This program has about 50 +participants monthly.
• Aerobics—this is an exercise program for the community. Monday- Friday 9am-10am.
They have 30 participants daily.
Events
• C.I.D.Awards 1 day in March from 5:30pm-8:30pm. It is an awards dinner where we
recognize the past years donors as well as volunteers. This event takes place in a TBA
location. There are usually about 150 people that attend.
• C.I.D. Walk-A-thon April 16, 2014 2:30-pm-4:30pm . This is a C.I.D. Fundraiser that we
hold out in the park. The participants walk around a outlined track for 2 hours in order to
raise money for the programs. This event usually has about 75 people attend. If they are not
able to walk on the grass then they can walk in the pool during the Twinges&Hinges Class.
• C.I.D. Prom May 23, 2014 2pm-5pm . Is an event for the Teen Sunshine club, their friends
and family. This event gives them an opportunity to live what mainstreamed teens get to
experience while in mainstream high school. Food is served, Pictures are taken, and there is
lots of dancing . This event usually has about 150 people attend. The event is held in a TBA
location.
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• C.I.D. Family Day September 17, 2014 1:45pm-4:45pm. This event is held in the back patio
of the C.I.D. There are games to play, we have a BBQ an potluck,there is a DJ, and the
participants and guests get to go swimming as well. There are usually about 75 participants
in this event
• C.I.D. Haunted House- October 2014. This is a C.I.D Fundraiser that we hold in a TBD
location. The Haunted House is designed into a maze, Enter at you own Risk, Choose from
no scare, half scare or full scare. This event usually has 200 +people attend.
• YMCA parade December 6, 2014. The C.I.D. and some of its participants from Various
Programs participate in the annual Christmas Parade and there are usually about 45
participants.
• C.I.D. Movie in the Park-
Movies in the Park is normally held in June on a Friday at the C.I.D. Park. Families bring
their chairs, blankets, and their choice of goodies to snack on during the movie. There are
normally 150 people in attendance.
Public Drop-Ins
• Community options- come and use our kitchen twice a week on Tuesdays & Wednesdays
12:OOpm-2:OOpm this program is a outside community program for adults with
Developmental Disabilities that comes and uses our kitchen. The program teaches their
clients how to cook. They have 16 participants attend this program.
• Highland/San Bernardino First Step—a community program for adults with disability.
They teach their clients different skills i.e. cleaning. They work outside on the patio cleaning
up the area. Monday-Friday 10am-12pm. They have 14 clients daily.
• Friends of the C.I.D. meetings once a month 6pm-9pm. This is a non-profit organization
that helps raise money for the C.I.D. They have 17 members that attend the meetings.
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EXHIBIT C
CURRENT APPLICATION FOR USE OF SCHOOL FACILITIES
San Bernardino City Unified School District
APPLICATION FOR USE OF SCHOOL FACILITIES
NAME opORmAN.mriON__ _ __ __- __ TODAY'S DATE
SCHOOL REQUESTED _____� ______--_-___-_______ ___. pmOMon^ee^__
STARTING
UST EACH DATE _____________�___ ____� TIME ENDING
RESERVAOON`Mu,FIE OAT,"TO'SWATHS E~AREL■"AT'ON
WILL SCHOOL EQUIPMENT BE NEEDED' _ __�___- CUSTODIAN NEEDED?
___
",ea°=^"UST IT~`°4)"",==NV,=USER'S RE"EO=IS^.~."ENSURE°"°ri."".~~"°RJ°=CHAL` .~SO US,"=*
NATURE n"USE
AIR CONDITIONING _ HEATING WILL FOOD BE SERVED OR SOLD?
YOU HAVE LIABILITY INSURANCE? YES NO *YES,~0w MUCH?
____
INSURANCE COMPANY NAME^ADDRESS
__-_____-___________________
ESTIMATED ATTENDANCE ^mv/mx/vwFEE S COLLECTION: YES wo_-'
IS THE ORGANIZATION MAKING APPUCATION A RELIGIOUS CREED CHURCH,Oft SECTARIAN DENOMINATION? YES
IS IT Sit ANY WAY CONNECTED WrEN Oft GIVSIIG SUPPORT Oft AJOP 10 A REUGIOUS GROUP.CHURCH,CREED,npueCTAR1AN DENO/MvTCH^ YES
REFER TO GENERAL RULES ON BACK OF ThIS FORM.
Ile undersigned hereby agrees*be pe'so=e,/responsible,=behatt°.=."mive=~m"rg=u"*".(1)^^"nyw="p=,he school building°"ppurmnano°thereof,
accruing through the occupancy°/said building by said organization;(2)m conform w all the rules and regulations".the San Bernardino City Board mEducation
governing the use w school facilities,mw pay promptly all invoices for services,including food services,.'any,*,"/.^°"^v the District;and wthe
agrees mindermrly,defend and save harmless the Sa"BeinarClino City Unified School District,its°Mows
(name a"rganutdion°undersigned)
agents,and employees horn and against any and all claims.demands.losses.defense,and other litigation coats,or liability 01 any kind or nature SilSclT the District,Its olfItera,
agents,and employees may sustain°incur~which may w~p"se'upon them for injury°°death*persons,°damage*properly as^result of,arising out of,or in any
manner="=^ed with_ __-_' _-_^use^District facilities under the term w this application,except liabiely arising out*sole
(name*organization)
negligence m the District/.*agreed and unm.good that ____-'"members.volunteers,°m*~ee".and cogitators
are agents 04 the _ __ __~*=Me District.
(name of organization;
The undersigned also states,""behalf m the above-named organization and to~"best u his°her knowledge,that the school property*question~w not be used fni lire
°~==ion*any"=intended w further any program°movement tor the purpose"/which a*accomplish the overthrow*the government*the United Stales byforce,
vIolence,or other unla°m.means,Furthermore,the undersigned states trial the organization onwhose behalf "she is making afrpficabon for uSe of school plopefty,does not,
m the best*m"or her^no°tedge,advocate the overthrow w the government..the United States°w the State*California by lorOe.yiro="°.~Other unlawful means,and
that,m the beef*Ns".her knowledge, Is not a Comrts,nmst action nrganrration or Comrrrurssl trout organ/anon reqoired by law to be registered with tre Attorney General*
the united States This statement is made under the pe=nieswperjury.
BUDGET NUMBER,v°E CHARGED___-____-________ ______(MUST oe COMPLETED BEFORE APPROVAL)
SIGNATURE OF PERSON APPLYING
(SIGNATURE) - (MUST BE RESPONSIBLE ADULT) (PRINT NAME)
HOME,
_
PHONE WORK.
--- -���7-----' (Cm)
SWAM°NO"°=^~~.
SITE ADM.PAo,=.___
FACILITIES AVAILABLE UNDER:
PVC CENTER ACT COST OT-0,E°==_ _____ COmMERCTAL RATE --
SCHOOL AC=° _ "US,v=,COSTS°PS.,_-_- ",nE" _______--___'___-__-
APPROVED BY _ -_______�____ _____ _______- DATE
DISTRIBUTION. WHITE Feceiliesnffic" GREEN School CANARY•wmCustodian PINK School Police Applicant
ovuo(m~,vwm)
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CUSTODIAN'S REPORT ON USE OF BUILDING
Conduct of Meeting
Approx.Number in Attendanc Room(s)Used
Custodial Time Used: Regular Overtime
Signature of Custodian School
Additional Remarks: •
General Rules and Regulations Regarding Facility Utilization
(See also Appendix A of Use of Facilities Policy,Regulations,&Fees Brochure)
/ School property may not be used for public dances,pasties,or wedding receptions.(Refer to Rule 4.1
2. Arrangements for use of school equipment must be made with the individual school principal's secretary.
3. School furniture or equi w may not be removed or displace without permission from the school employee in charge. No alteratio to
field",facility,,allowed for any reason.
4. Permits will not be granted for personal or indivudual usc of school property and equipment.
5. Aom,nnits,om/be/a"eus,svc"ocx"",°;novcnnit°mv,.ou"d/^oxumu/*,,mon//.wor.m.
6. Permits may be revoked without previous notice when conflicting dates occur or when the need of the property for public school
purposes has subsequently developed.For other cause,permits may bc revoked at any time upon reasonsable notice.
7. All persons usi school faciliti shall assume full re .w./ for any damage or abuse and shall ensure the saint degree'x mainte-
nance=mumom=ufo"nd"pmar".mat the facility.No alcoholic beverage allowed*any time.w"smoking m any time.
o, No applications will be accepted more than 30 days in advance.Reservations will be made for no more than three(3)months at a time.
9. Cafeteria kitchen facilities may be used only under the s . i n of the Cafeteria Manager.Arrangement for food services must be
made directly with said Cafeteria Manager prior to filing the appxcm.o"
10. There shall be,at all times,a custodian or other member of the school staff on duty whose responsibility it is to open,clean,and close
and to enforce all rules arid regulations and to report any violations to the principal and facilities secretary.
//. Charges for use of District facilities,where applicable,arc payable in advance, least prior to use.Ch be determined
from schedule"/rates.Facilities will not he opened unless payment has been made.Payment"r charges should vv made payable'"the
"San Bernardino City Unified School District".
12. uSer notification^/^cancellation must ov made m least*o hours(working days)in advance".you will v"charged for costs incurred ov the District.
13. Facilities are available during vacation periods only./the use does not conflict with cleaning and renovating activities.
14. A'the time"/scheduling,additional rules and procedures may be added verbally by school personnel-or as conditions arise that necessitate
any changes.
15. User agrees'v provide supervision."the ratio"r one adult*every oyouths.
/a Refer also to Use of Facilities Rules,and Regulations pamphlet.Copies may be obtained from the facility desk.
17. Call site requested one mwork day prior to occasion to confirm someone will be thereto open facility.
18. Must meet insurance guidelines as note in the use of Facilities Policy.Regulations,and Fees brochure.
19. Opening x facility under special circumstances^$z5uov deposit for room may o,available through o".uu"gxorv/ues.
20. /"case vran emergency,contact School Police m(9m)mo'*/m.
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