HomeMy WebLinkAbout05.N- Parks, Recreation & Community Services 5.N
RESOLUTION (ID#3208) DOC ID: 3208
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Lease
From: Mickey Valdivia M/CC Meeting Date: 05/19/2014
Prepared by: Deborah Hansen, (909) 384-
5233
Dept: Parks, Recreation& Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Memorandum of Understanding Between the City of San Bernardino and San
Bernardino City Unified School District Regarding Use of the Facilities at 8088 Palm Lane for
City Programs at the Center for Individual Development. (#3208)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
November 5, 2012 - Resolution No. 2012-256 - Resolution of the Mayor and Common Council
of the City of San Bernardino Disclaiming and Waiving Any Interest or Compensation in
Connection to the Property Located at 8088 Palm Lane, San Bernardino (APN 0279-042-12),
Owned by the County of San Bernardino and Approving the County of San Bernardino's
Conveyance of Said Property to the San Bernardino Unified School District.
October 15, 2007 - Resolution No. 2007-423, City and County Lease of CID and Maintenance
and Operation Agreement
September 6, 2006 - Resolution No. 2006-312, City and County Agreement to provide facility
Improvements at CID
October 16, 2000 - Resolution No. 2000-307, City and County Lease of CID and Maintenance
and Operation Agreement
November 6, 1995 -Resolution No. 95-388,City and County Lease of CID and Maintenance and
Operation Agreement
September 15, 1981 -Resolution No. 81-403,North Norton Center Operation and Maintenance
Agreement
September 10, 1979 - Resolution No. 79-367, First Amendment to the Agreement which Created
the Authority for the Handicapped
October 23, 1978 Resolution 78-708, Creation of Joint Powers Authority at North Norton,
Updated: 5/13/2014 by Steven Graham I Packet Pg. 262
5.N
3208
designating the City as the lead Agency
Background:
The San Bernardino Unified School District ("District") and the City are entering into a ratified
MOU in order to provide use by the City of those certain facilities ("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.
City Attorney Review:
Supportinp,Documents:
reso 3208 (PDF)
agrmt 3208 (PDF)
Updated: 5/13/2014 by Steven Graham Packet Pg. 263
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j 1 RESOLUTION NO.
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 0
10 Understanding between the City of San Bernardino and the San Bernardino City Unified D
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11 School District attached hereto as Exhibit"A"and incorporated herein;
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12 SECTION 2. The authorization to execute the above referenced agreement is
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13 rescinded if not executed by both parties within sixty (60) days of the passage of this 2
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Packet"'Pg.264
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM j
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 meeting
7 thereof,held on the day of , 2014, by the following vote:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9 0
10 MARQUEZ
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11 BARRIOS w
12 VALDIVIA o
13 �
SHORETT °-
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NICKEL co
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16 JOHNSON N
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17 MULVIHILL
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19 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of ,2014.
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23 R. CAREY DAVIS,Mayor
City of San Bernardino
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
26 r
BY- - L.
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Packet Pg.265
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 day of
, 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
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A. The DISTRICT and the CITY are entering into this MOU in order to provide for the use 0
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by the CITY of those certain facilities (the "FACILITIES") located at 8088 Palm Lane En
(the "PROPERTY"), in San Bernardino that are owned, or will be owned, by the r
DISTRICT. The FACILITIES are more particularly described in Exhibit "A" attached 3
hereto and incorporated herein;
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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 U
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certain existing CITY programs (CITY Programs), as identified in Exhibit "B" attached
hereto and incorporated herein; M
C. The DISTRICT intends to take title to the FACILITIES and PROPERTY at the N
expiration of a ninety (90) day transition period (90-Day Transition Period), as explained E
in greater detail below;
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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
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 a
PROPERTY.
Now, therefore, the PARTIES hereto, for the consideration hereinafter expressed, covenant and
agree as follows;
I. 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 p rior to the date that the DISTRICT
takes title to the FACILITIES and the PROPERTY, the DISTRICT shall have no
II'I 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
r 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. o
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3. CITY's Use of FACILITIES After DISTRICT Takes Title to FACILITIES and M
PROPERTY. N
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3.1 Use of FACILITIES.
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3.1.1 Once the DISTRICT has taken title to the FACILITIES and the 2
PROPERTY, the DISTRICT shall permit the CITY's use of the 0
FACILITIES only for the CITY's continued operation of the CITY
Programs and for no other purpose unless agreed to in writing by the co
PARTIES.
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3.1.2 The CITY's use of the FACILITIES must be requested and contracted for M
through the DISTRICT's then-current Application for Use of School E
Facilities, and in accordance with the DISTRICT's then-current Board a�
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 a
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 c°n
the FACILITIES all personal property. In the event that the CITY fails to remove v
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its personal property within the thirty (30) day period, the DISTRICT may Cn
dispose of such personal property and invoice the CITY for -the cost of such r
disposal, which the CITY shall pay in full within thirty(30) days of receipt of the 3
invoke. :3
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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 U
by any public or governmental authority or agency, including without limitation the co
DISTRICT or CITY, having jurisdiction over the FACILITIES.
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5. Binding Effect; Partial Invalidity. This MOU shall be binding upon and inure to the M
benefit of the parties hereto and their respective successors and assigns. If any provision E
of this MOU shall be held invalid or unenforceable by a court of competent jurisdiction, M
such holding shall not invalidate or render unenforceable any other provision of this
MOU. r_
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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 a
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. 91h Street
San Bernardino, CA 92418 San Bernardino, CA 92411
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MOIL BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDIN
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Indemnification.de nificataon. 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.
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SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
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CITY OF SAN BERNARDINO °O
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By:
Allen J. Parker, City Manager
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APPROVAL AS TO FORM:
Gary D. Saenz, City Attorney
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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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MOU BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDIN
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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-4:45pm1 r°n
Adults with physical disabilities and seniors participate in this aquatics group exercise U
program in the warm water therapy pool at C.I.D. This program has about 35 participants in co
it daily.
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• Adult Swim-Wednesdays and Fridays 12:00pm-1:45pm O
In Adult Swim,they practice individual exercise. Participants in both programs experience o
greatly improved physical, mental and emotional health. This program has about 12
participants in its daily 00
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• Sea Turtles-Monday-Wednesday & Friday 5pm-7:45pm Saturdays 10am-2:15pm o
Swim lessons for children and adults teaching the basics of swimming as well as a swim N
team 8 session per month. This program has about 50 + participants monthly.
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• Aerobics—this is an exercise program for the community. Monday-Friday 9am-10am.
They have 30 participants daily.
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Events Q
• C.I.D.Awards I 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-thou 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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MOU BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDIN
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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.
k • 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 o
• Community options-come and use our kitchen twice a week on Tuesdays& Wednesdays
12:00pm-2:00pm this program is a outside community program for adults with
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Developmental Disabilities that comes and uses our kitchen. The program teaches their s
clients how to cook. They have 16 participants attend this program. 3
• Highland/San Bernardino First Step—a community program for adults with disability. p
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. v
• Friends of the C.I.D. meetings once a month 6pm-9pm. This is a non-profit organization 00
that helps raise money for the C.I.D. They have 17 members that attend the meetings. M
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MOU BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDI
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EXHIBIT C
CURRENT APPLICATION FOR USE OF SCHOOL FACILITIES
,>an Semardino City unifieci School District
APPLICATION FOR USE OF SCHOOL FACILITIES
TODAY'S LATE
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MOU BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDINO
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CUSTODIAN'S REPORT ON USE OF BU11,I)ING
(,ustodial Time Used: Regular overlinw ..........
Equipment Used
Signature of Custod hion, .......... sellool
Additional.JlemarU:
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General Rules and Regulations Regarding Facility tAilization =3
(See also Appendix A of Use of Facilities Policy,Regulations,&Fees Brochure)
I School property may o.7ol,be used for public dances.partirs,or wedding receptions (Refer to Rule 41
2. Anangvnxnts for low ofselwol equipmem(wist be made with the individual shcK?l principal wi Tetary
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3. sch(xal furniture or equipment may not trh zonywed or diipla:cd without permission from the�,Kbool emploNce in churge No alteration to 0
field or facility is allowed Rx,any reason,
4, Permits will not bc gjartiord,for pw.orsonal or inflivkAdw-0 ulie.of schmll property and equipollent,
S. All permits shall k,issued for Specific hours;no permit will be issued on extend later than 11:00 P,roro.
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6. Permits may be revoked without previous notice when conflicting dates accur or when the need of the Property for public school
purposes has subsequently de.velopcd.POT offier cause,permits may be TeVktd 31 Any time upon Teasonsable notice.
7. All prrscm utoing schwl facilities skill alsstinot full or"prnnsibility,air arty damage or abuse:and sirdll etmwr tkAt same degrecof maintic- 00
nancr-and cieanliroess found ujxn alfivid at the facility.No alcoholic tvycrag.es allowed at any Unic.Nosme.)Mrrg at any iirooe- 0
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8, No applicatiom will be accepted allare than 30 d;ky,,,in advance,Reservations will be made for no morr.,Chart thm.or(3)months at a urge. cv)
9 c2fcmfia kitchen facilit-C,may tv uyed(301y under the 5�-upervinkyp of the Cal,.Iggja\A,?jVp E
AT for Pail 1-
made directly with:.:aid Cafeteria Mana&&r lacier to filing the application.
M 'There shall be,at all times,a citaodian cur othrr mcinher of the school staff on duty whose rtspm!,sibiky itss to open,clean,and claie.
and to friforce all rule-,and regulations and to repeat any violations iti the prion6pa3 and f&Aai"%ecretary.
(D
I I ChAqges for use of Disajct facilities,where applicable,am payable in advance,at k5ouq two days prior it)use.Charges may be deennincoi E
froin schedule of rains.Facilities will tom be opened imlcmx payment has been made.Payment of charl;e%should be made to the
pay bb:
"Sail Bernardino City Unified sch<x))District-. a
11 Use,roogificithon.of t;i me4a,lon mwt Ne made at icxj 4$hmirs(work"14",&ko foladvaricc or yms will be charged fee costs jrcurred by the District-
13, I-'Arilities.are,availarle during Valca(inn rwrirxis t.,tdy if the use&xS not conflia with vlem)ing and renovating activities.
14. At the time ofscheduflpll,additional ndirtkand proceduros,Ina%,be added verbally by s0-0x)l;X:Fsontotl-or as conditknis arise that nrccssitatr
aoriy vhangtts.
15. (15ei agrecs to piovidc liupervos.Jon in the ratio oforte adult to every 25 ymsrk
16. Refer also to Use of Facilifies}tales.,and ReFultotlorts Pamphlet,copfca may tv,obianird from the facility clerk.
IT Call site requested one 0)wo>ri;day prior to iKcasivn it)ixrttfirtv Itmile one will be there to open
I& Must meet insurance guid6inv-,s is no.nc4 in the use ofFaclififirs Policy.Re.gulatit'xis,and 1-as hroiJiure-
Ili. Opening a fw0hy tinder sliecia" a$250-M dcposit feu rMIT)11151y be aVailahk through Building*,
20. In case of all crorielgenx.y,corotxt Sc hNll Police W •(1130.
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MOU BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDINO
I Packet Pg. 274