Pittsburg Unified School District Facility Use Terms and Conditions

Approval of this Application is contingent upon payment of all fees owed to the District for previously approved use permits.All rules and regulations of the Board of Trustees and provisions of the Education Code of the State of California (Civic Center Act) are to be observed strictly by those using School District facilities and grounds.

1. A Cancellation of Application and Permit for Use of School Property form must be submitted to the Business Services Department 48 hours prior to the date of intended use in order to avoid financial obligation for any charges involved.
2. Use and occupancy of School District property shall be primarily for public school purposes. Any authorized use or occupancy of the property for other than public school purposes shall be secondary and subordinate to this primary purpose.
3. The school principal has full responsibility for supervision and management of all property of that school at all times. He/she is authorized to assign use and occupancy of the property during school hours for meeting of other groups provided that such meetings are not inconsistent with and do not interfere with the use of the property for school purposes.
4. The Business Services Department of the School District shall approve all applications for the use and occupancy of School District property by authorized individuals or groups during non-school hours.
5. School premises shall not be available to non-school organizations during times that have been scheduled in advance by the various school principals for school exercises or functions or in connection with regular schoolwork.
6. Charges for use of School District facilities shall be determined from the Facilities Use Fee Schedule. Custodial fees and kitchen use fees are in addition to the facility use fees.
7. Nothing shall be offered for sale at meetings without special permission from the School District. No person or organization other than approved user shall distribute any literature or any other item or articles at a meeting held in or on School District facilities.
8. Use of tobacco products, intoxicants or narcotics are strictly prohibited in or about School District buildings and premises, nor shall profane language, quarreling, fighting, or gambling be permitted. Violation of these rules by an organization during occupancy shall be sufficient cause to deny further use of School District premises to the organization.
9. School District furniture or equipment may not be removed or displaced by any user without permission from and under the supervision of the School District employee in charge.
10. Any individual, group, or organization using School District property for Civic Center or other purposes shall defend and hold the Pittsburg Unified School District, its governing board, the individual members thereof, and all district officers, agents and employees, free and harmless from any liability, lawsuit, cost, expense, or claim of any type whatsoever (including those for attorney's fees) for any harm or injury arising out of the permittee's use of occupancy of the School District's facilities or grounds. School District property shall be protected from any damage or mistreatment and permittee shall be responsible for the condition in which they leave the School District buildings, fields and grounds. In cases in which School District property is damaged, the cost thereof shall be paid in full by the permittee.
11. Upon receipt of notice that a permit has been issued to a non-school agency for use, the Business Services Department shall designate a regular employee to open the building, be in charge during the use, and to clean up and close the building after the use. The School District employee in charge of the building or grounds, within or upon which any event may be held is empowered to take all necessary means to enforce these rules.
12. Any permit may be revoked without previous notice if conflicting dates have resulted or where need of the property for public school purposes has subsequently developed. For other cause, permits may be revoked at any time upon reasonable notice.
13. Persons or organizations using School District premises including stage or stage equipment shall not be permitted to remove or displace furniture or equipment, nor change or manipulate controls except as requested and approved at the time of application. Agree to using the CAB Theatre listed in documents as Use of CAB Theatre Terms and Conditions you must read and accept theatre terms and conditions listed under documents.
14. A School District employee assigned to the facilities requested or any other school person, other than the principal of the school, shall not permit any individual or group to use any equipment, room, or other facility on the premises, which was not designated on the application as, approved by the Business Services Department. Any departure from the original approved request allowed by the Business Services Department must be communicated to the Business Services Department as soon as possible prior to the event. Applicant should be aware of the possibility of additional charges resulting from the change in facilities.
15. The school office shall assume no responsibility for mail for a non-school group and shall not permit the use of the school telephone or school mail system by any such group or representative thereof.
16. The School District reserves the right to require police protection at the user’s expense for meetings held on school property when it deems such protection desirable. The user group must make such arrangements if requested.
17. Organizations granted the use of School District buildings or grounds may be permitted, at the discretion of the Business Services Department, to use School District equipment which needs an operator, such as public address systems, etc., provided the user agrees to pay all costs, including labor, to which the District may be subjected by reason of such use.
18. School District premises shall not be used by any person or group as its political campaign headquarters.
19. In most instances, it is assumed that a School District employee will be on duty during the time of usage. However, it is understood that the School District reserves the right to determine whether or not a School District employee shall be assigned during any or part of the use period.
20. It shall be the responsibility of the School District employee on duty to see that these rules and regulations are enforced and to report any violations or attempted violations to the Business Services Department and school principal. Whenever the School District determines that these rules and regulations have been violated, the School District shall revoke the permit in question and shall not issue future permits to the organization. This decision may be appealed to the Board of Trustees.
21. Opening the buildings for use shall be dependent upon the showing of an approved use permit application to the School District employee in charge.
22. Pittsburg Unified School District reserves the right to cancel a use permit at any time, for any reason for its convenience. Should the District cancel the permit for its convenience, a refund of fees paid will be issued within 15 days.

Pittsburg Unified School District Facility User Hold Harmless and Indemnification Agreement 

I agree to and do hereby indemnify and hold harmless the Pittsburg Unified School District, its Board, officers, agents, employees and volunteers (“District”) from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever (including reasonable attorney fees) which may be incurred by reason of:

1. Bodily injury to or death of persons, or damage to or theft of property sustained by the undersigned, its volunteers and agents or any person, firm or corporation hired or employed by the undersigned in connection with the Activity listed below; except for liability, loss or damage attributed to the sole negligence or willful misconduct of the District, its Board, officers, agents, employees and volunteers.
2. Bodily injury to or death of persons, or damage to property, sustained by any participant in the Activity listed below, any guest or attendee, or any other third party that is caused by any act, neglect, default, omission, or liability of the undersigned, its volunteers and agents, or any person, firm, or corporation hired or employed by the undersigned in connection with the Activity listed below; except for liability, loss or damage attributed to the sole negligence or willful misconduct of the District, its Board, officers, agents, employees or volunteers.
3. Harm (including death and health related injuries) arising from any person claiming to have contracted, or demonstrating contraction of, COVID, or any related sickness or ailment as the result of participating in the Activity listed below and/or entering the property at the permission or request of the undersigned. The undersigned is solely responsible for implementing any cleaning measures required or suggested to ensure the property is safe for use prior to any of undersigned’s volunteers, agents, personnel or invitees enter the property and adequately cleaning the property after any such use/Activity.
4. The undersigned’s responsibility and liability set forth herein shall include, but is not limited to, taking all steps and actions necessary or required to address the COVID pandemic with respect to this agreement, including but not limited to, ensuring any of the undersigned’s volunteers, agents, personnel and invitee(s) comply with all current and future requirements and recommendations issued by any government agency (including the City, County, State, or the Federal Government, including its associated agencies such as the Center for Disease Control) related to the COVID pandemic that are applicable to the property, including adherence to any protective measures established by such government agencies applicable to events at or use of the property. The undersigned shall be solely responsible for determining and implementing the specific actions and requirements applicable to the Activity listed below that is conducted at the property at the time of the Activity, including any limitation on the number of attendees, required protective gear (such as mask and/or gloves) and the specific social distancing requirements applicable at the time.
5. The undersigned acknowledges and understands that the District makes no representation or warranty regarding the condition of the property with respect to COVID at any time during this agreement and shall have no duty or responsibility to ensure the property is sanitized or otherwise made clear of the COVID virus. The undersigned shall be solely responsible for determining whether the Activity/use of the property listed below is permissible based on current and future regulations or requirements established by any governmental agency at the time of such event and shall indemnify, defend, hold harmless the District from any penalty, cost, or action claiming that any District activity at the property violated any applicable governmental regulation or requirement. However, the District, at its sole discretion, can require the undersigned to cancel or reschedule the Activity by the undersigned at the property if the District determines, at its sole discretion, that the Activity would be in violation of any applicable governmental regulation or requirement or create a public safety hazard. However, the District’s right to require cancellation or rescheduling shall in no way limit the undersigned’s liability and indemnification obligations set forth herein.
6. The undersigned at his/her own expense, cost and risk, shall defend any and all actions, suits or other proceedings that may be brought or instituted against the District, its Board, officers, agents, employees or volunteers, on any such claim, demand or liability and shall pay or satisfy any judgment that may be rendered against the District, its Board, officers, agents, employees or volunteers in any action, suit or other proceedings as a result thereof. The undersigned agrees to a Waiver of Subrogation provided in favor of the following Additional Insured (District) with respects to General Liability & Workers Compensation.

The undersigned shall procure and maintain during the life of this agreement, General Liability

Insurance with a $1,000,000 per occurrence and $2,000,000 Aggregate Limit of Liability for Bodily

Injury, Property Damage, including Blanket Contractual Liability. Organizations that provide services for children shall provide proof of sexual molestation and abuse coverage with a

$1,000,000 per occurrence, $2,000,000 aggregate limit of liability. Sports Associations must show evidence that their General Liability Policy contains Athletic Participant’s Medical Student Accident coverage that will respond to injuries sustained by athletic participants.

The certificate of commercial general liability insurance shall name the District as additional insured. The additional covered party/insured endorsement must be in the form of an Endorsement attached to the organization’s Certificate of Insurance and must contain the following text: Pittsburg Unified School District 2000 Railroad Avenue Pittsburg CA 94565

The insurance coverages noted above shall be considered primary and non-contributory. The undersigned shall pay for any and all damage to the property of the District, or loss or theft of such property, done or caused by any persons associated with the undersigned and resulting from the named activity. The District assumes no responsibility whatsoever for any property placed on the premises. At the District’s sole discretion, limits of liability coverage may be increased and additional insurance may be required depending upon use of property. Facility Users who use the swimming pool must provide a licensed lifeguard who will be required to be on deck at all times while attendees are in the pool area.

I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL TERMS AND CONDITIONS OF THIS DOCUMENT, AND ASSERT THAT I HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT IN CONNECTION TO THE ACTIVITY REQUESTED BY MYSELF AND/OR MY ORGANIZATION.