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HomeMy WebLinkAbout10/17/2023 10. Resolution authorizing a Joint Use Agreement with the Yakima School District No. 7 1 a, ga, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10. For Meeting of: October 17, 2023 ITEM TITLE: Resolution authorizing a Joint Use Agreement with the Yakima School District No. 7 SUBMITTED BY: *Ken Wilkinson, Parks & Recreation Manager, (509) 576-6416 Scott Schafer, Public Works Director Sara Watkins, City Attorney SUMMARY EXPLANATION: The City of Yakima and the Yakima School District have a long history of cooperative utilization of park, recreation, athletic and other facilities for the mutual benefit of the Yakima area. Over the past years, a need to update the agreement has arisen due to changes in the usage of the facilities owned by each entity. The new agreement identifies and outlines the current facilities that may be used by the Yakima School District and the City of Yakima Parks & Recreation Division. In addition to recreation, athletic facilities, this agreement identifies the authorized use of parking lots and locations for the Yakima School district summer lunch program which utilizes the parks for meal distribution. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution Joint Use Agreement 10/5/2023 D Joint Use Agreement-Yakima School District 10/5/2023 ❑ 2023-Park&Recreation Fees-Exhibit C 10/5/2023 Yakima School District Public Use of Facilities D 10/5/2023 Operational Procedures-includes fees 2 RESOLUTION NO. R-2023- A RESOLUTION authorizing a Joint Use Agreement between the City of Yakima and the Yakima School District for use of recreational and other facilities WHEREAS, the City of Yakima (City) and the Yakima School District (District) each own land and buildings which, over the years, have been used cooperatively and collaboratively for recreational, athletic, and other purposes for the benefit of the Yakima community; and WHEREAS, the City and the District have entered into past joint use agreements addressing joint use of general facilities and joint use of specific facilities, which need to be updated; and WHEREAS, the District continues to need the use of City facilities to assist in accomplishing its goal and obligation to provide athletic and recreational opportunities to its students on an equitable basis; and WHEREAS, the City has recently reduced its need for the use of District facilities; and WHEREAS, both parties have updated their requirements and fees for use of their respective facilities which the other will be required to pay under this Joint Use Agreement to offset the costs of maintenance of those facilities; and WHEREAS, the parties want to continue their collaborative partnership to provide recreational and athletic opportunities to the residents of Yakima and the students in the Yakima School District under the agreed upon Joint Use Agreement; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to approve the Joint Use Agreement with the Yakima School District; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Joint Use Agreement with the Yakima School District to provide for the terms and conditions of joint use of City and District recreational and other facilities. ADOPTED BY THE CITY COUNCIL this 17th day of October, 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk 3 JOINT USE AGREEMENT This JOINT USE AGREEMENT("Agreement") is executed by and between YAKIMA SCHOOL DISTRICT NO. 7 ("District") and the CITY OF YAKIMA,WASHINGTON ("City") pursuant to and in accordance with the Interlocal Cooperation Act, RCW 39.34. WHEREAS,the City and the District each own land and buildings and over the years the City and District enjoyed a cooperative and collaborative relationship regarding the shared use of each party's recreational, athletic, and other facilities; WHEREAS,the terms of the use of the parties' respective facilities was provided for under several interlocal agreements entered into in accordance with the Interlocal Cooperation Act, RCW 39.34., et.seq.; WHEREAS,the District continues to need the use of city facilities to assist it in accomplishing its goal and obligation to provide athletic and recreational opportunities to its students on an equitable basis; WHEREAS,the parties wish to address the changing needs of the parties; WHEREAS,the parties want to continue their collaborative partnership to provide recreational and athletic opportunities to the residents of Yakima and students in the Yakima School District; WHEREAS,the City has significantly reduced its need for the use of District facilities and has also identified a need to collect revenue for the use of its facilities by YSD to offset the costs to it for maintaining those facilities; and WHEREAS,the parties now,therefore, wish to create a global agreement covering the subject matter; NOW, WHEREFOR, in consideration of the mutual covenants, promises and conditions set forth herein, it is agreed by and between the City and the District as follows: I. Purpose. The purpose of this agreement is to describe the conditions for the joint use of City and District facilities.The facilities covered by this Agreement are listed in Exhibit "A" (City-owned facilities) and Exhibit "B" (District-owned facilities), attached hereto and incorporated herein by this reference. By signing this Agreement,the Parties agree that each prior agreement for use of any facility listed on Exhibits "A" and "B" hereto are hereby terminated by agreement, notice requirements for such termination waived, and shall no longer be valid as to any of their terms and/or conditions. This agreement will however, as provided in Section 22 below, have no effect on the Agreement between the City of Yakima and Yakima School District for Development, Maintenance and Use of the Upper Kiwanis Park, dated June 2011, or the Development Agreement for Lions Park, dated July 16, 2014, and those agreements shall remain in full force and effect. 4 2. Term. This Agreement shall be effective on October 1, 2023 and shall continue for a period of ten (10)years unless the Agreement is terminated by either party in accordance with Section 30 of this Agreement. This Agreement may be continued for an additional eight (8)year extension upon approval of the parties. 3. Use. Each party agrees to make its facilities listed in the attached Exhibits available for use by the other party for the duration of this Agreement. The use by one party of the other party's facility shall be in a manner and at a time that is mutually agreed upon by the parties in advance in accordance with Section 6 below. Full responsibility for supervision of the participants, spectators, activity, and use rests with the user, unless otherwise agreed upon in writing. 4. Maintenance. Except as may be otherwise provided in this Agreement, each party agrees to maintain its own facilities, including providing utilities and necessary custodial care. 5. Priority Use. For City-owned facilities,the City shall have first priority use and the District shall have second priority use over all other users. For School District-owned facilities,the School District's facility use policy and procedures will be followed. The School District's facility use policy and procedures will be provided to the City, as well as any updates or amendments made during the term of this Agreement. These priorities shall be reviewed at least once a year by the parties. In the event of a dispute concerning priority of use arises,the City's Manager and District's Superintendent will meet for the purpose of reaching a resolution of the dispute. This agreement is intended to cover scheduled events and regular practices that may preclude use of a facility by the public. It is not intended to cover occasional casual use consistent with the public's general non-scheduled use of the facilities. 6. Administration/Scheduling Use. This Agreement shall be administered by the City of Yakima Parks and Recreation Manager or his/her designee and the District Superintendent or his/her designee. Meetings shall be held at least once per year to plan for future joint use and to otherwise administer this Agreement. The parties will, during this meeting or at other meetings that may be agreed upon by the parties, agree to schedules providing for the use of each facility covered under this Agreement by each of the parties. Use of facilities will be subject to fees set forth in Exhibit C. In addition, each party must fill out the other party's applications and/or paperwork associated with use of said facility. Applications can be made for an entire season or multiple dates so as to not require a separate application for each use of the property, where appropriate. 7. Condition of Property. Each party agrees to return the facility it uses to the party owning that facility in the same condition it enjoyed before the use, normal wear and tear and general custodian requirements excepted. Responsibility for damage to the owner's facility rests with the user as does liability for payment therefore. The user may be permitted use of the owner's equipment (such as tennis and volleyball nets and/or ballfield equipment) under conditions to be agreed upon prior to their use. Damage to equipment caused by the user shall be the financial responsibility of the user. 8. Additional requirements of specific City-owned Property. a. Parks used for Cross-Country events. Those parks listed on Exhibit A which are authorized to be used for cross-country events, other than the Sunfair Cross Country meet, have the following additional costs and requirements: 5 i. Courses should not be set up more than twenty-four hours prior to the event to allow for public use of the park. ii. An additional fee may be charged, and paid for,for each cross-country meet to address damages to the grass. Damages shall be addressed as outlined in Section 7 above. Damage to grass must be supported by sufficient evidence to determine the extent of the damage. Transitory impact to grass from use that is readily correctable will not constitute damage sufficient to require payment. iii. All items associated with the cross-country event (banners, signage, flagging, course markings, mats, etc.) shall be removed immediately following each event. If YSD fails to do so,the City is hereby authorized to remove any remaining items from the event and charge YSD for all costs associated with removal, including, but not limited to, staff time. b. Sunfair Cross Country Meet The Sunfair Cross Country meet is not included in this Agreement. The sponsoring organizations for Sunfair shall go through the established process to rent Franklin Park for the duration of the meet, including both set-up and take- down periods. c. Slow pitch softball will be limited to using Gateway Field 5 for practices, or Gardner Fields, and will not be allowed to use the Upper Kiwanis Fields for practices. 9. Parking lots. YSD and the City jointly use the following parking lots for both park patron use and school parking: a. Franklin Park Parking Lot—Tieton Drive (owned by City) b. Franklin Middle School East Parking Lot (owned by YSD) c. Washington Middle School Parking Lot—E. Beech Street (owned by YSD) d. Lions Park Parking Lot-5th Avenue (owned by City and also subject to the 2014 Development Agreement referenced in Section 1 above) At no time shall any of the parking lots be closed to the owner's business without prior written consent of the owner. In the event a party wishes to have exclusive use of a parking lot, it shall make such request to the other party no later than 14 days prior to the proposed event and pay a reasonable sum for the exclusive use for an event or other short-term purpose. 10. Summer lunch program. YSD currently conducts a summer lunch program which provides free lunches to students at various locations within the City. Currently a number of City parks 6 are used for pick-up points for these lunches. YSD agrees to the following if it seeks to use City parks for the summer lunch program during the term of this Agreement: a. YSD shall provide minimum staffing of three (3) staff members per mobile food unit and two YSD-provided trash cans. The cans will be marked YSD. YSD is responsible for packing out all trash accumulated in those trash cans at each location. b. YSD shall provide the City a list of proposed locations for the summer lunch program on or before March 1st of each year. The City shall approve or deny each location on or before May 1st. If the City denies a specific location, it will strive to recommend an alternate location that could be used in the vicinity for the summer lunch program. c. For each approved location, YSD shall provide the City a site plan for use, which will include, but not necessarily be limited to, information regarding the location of the mobile food unit, location and number of trash cans provided by YSD,the number of staff members to be present at each location, and the dates and times the mobile food unit will be at the location. 11. Consideration. The parties agree that fees will be charged for the use of each other's facilities covered by this Agreement in accordance with Exhibit C("Fee Schedule"). Each party shall pay the lowest rate on the respective fee schedules for use of the other's facility. Each party shall provide an updated Fee Schedule to the other following the yearly review of the agreement during the month of July if there are any changes in fees associated with use of the property. Once provided to the other party,those new fees shall become effective February 1st of each year. 12. Notice of Cancellation. If either party (the user or the owner) has to cancel the use of a facility at an agreed-upon scheduled time,that party must give the other party notice of cancellation. In the event of owner cancellation, at least 48 hours notice of the cancellation must be provided. In the event of user cancellation, at least 24 hours notice of cancellation must be provided. In addition, if the party canceling the use is the owner of the facility,that party shall reschedule the use at the earliest possible time acceptable to the party seeking to use the facility. If required prior notice is not provided then the party failing to provide notice shall pay 100%of the fee associat3ed with use of the facility. 13. Performance Excused under Certain Conditions. Either party's failure to perform its obligations under this Agreement shall be excused if due to causes beyond the control and without the fault or negligence of the party, including but not limited to acts of God, acts of the public enemy,fires, floods, epidemics, strikes, and/or weather conditions. 14. Property Ownership. Unless otherwise provided herein or agreed to in writing by the parties, all property acquired by either party during the term of this Agreement related to its performance under this Agreement shall be paid for solely by that party and shall remain the property of that party in the event of termination of this Agreement. Any property acquired jointly by the City and the District during the term of this Agreement relating to the subject of this Agreement shall, upon termination of this Agreement, be disposed of in such manner as mutually agreed upon by the parties. 7 15. Nondiscrimination Provision. The parties shall not discriminate in the performance of this Agreement in violation of any federal, state, and/or local law or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status,the presence of any sensory, mental or physical handicap, or other status protected by law. This provision shall include but not be limited to use of each other's facilities pursuant to this Agreement. 16. The Americans with Disabilities Act. The parties agree to comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti-discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 17. Indemnification and Hold Harmless. Each party hereto agrees to be responsible and assume liability in the performance of this Agreement for its own wrongful and/or negligent acts or omissions and those of its officers, elected officials, agents, volunteers, and/or employees to the fullest extent allowed by law. In its role as user of the other party's facility, each party agrees to defend, indemnify and hold the owning party harmless from any and all claims, demands, losses, liens, and liabilities of any nature or description (including attorneys'fees and disbursements) arising out of the use unless otherwise expressly agreed to in writing. In the event that the officials, officers, agents, and/or employees of both the City and District are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages,judgments, costs and expenses (including reasonable attorneys'fees). Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. The provisions of this Section shall survive the termination or expiration of this Agreement. 18. Insurance. a. At all times during the term of this Agreement,YSD shall maintain in effect insurance to protect the City and YSD against all claims, damages, losses, and expenses arising out of or resulting from any use or the City's facilities subject to this Agreement. YSD shall maintain in force insurance in limits no less than those stated below as applicable. City reserves the right to require higher limits should it deem it necessary in the best interest of the public. If YSD carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsement and the City shall be named as an additional insured for such higher limits. Failure by the City to demand such verification of coverage with these insurance requirements or failure of the City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of YSD's obligation to maintain such insurance. YSD's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement. Any insurance, self- insurance or insurance pool coverage maintained by the City shall be in excess of the YSD's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by YSD's insurance when YSD is utilizing City facilities under this Agreement. 8 To comply with this section,YSD may add the City of Yakima as an additional insured to its current policies if they meet or exceed the limits outlined herein. The City should be listed as follows on the Certificate of Insurance and Endorsement: City of Yakima, its elected and appointed officials, officers, agents, employees, and volunteers. i. General Liability Insurance. Before this Agreement is fully executed. b. At all times during the term of this Agreement,the City shall secure and maintain in effect insurance to protect the City and YSD against all claims, damages, losses, and expenses arising out of or resulting from any use or the YSD's facilities subject to this Agreement. The City shall provide and maintain in force insurance in limits no less than those stated below as applicable. YSD reserves the right to require higher limits should it deem it necessary in the best interest of the public. If the City carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsement and YSD shall be named as an additional insured for such higher limits. Failure by YSD to demand such verification of coverage with these insurance requirements or failure of YSD to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of the City's obligation to maintain such insurance. The City's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement. Any insurance, self-insurance or insurance pool coverage maintained by YSD shall be in excess of the City's insurance and neither YSD nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by the City's insurance when the City is utilizing YSD facilities under this Agreement. i. General Liability Insurance. Before this Agreement is fully executed by the parties,the City shall provide YSD with a certificate of insurance as proof of the general liability insurance and umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00)general aggregate. The certificate shall clearly state who the provider is,the coverage amount,the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name YSD, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving YSD thirty(30) calendar days prior written notice. The insurance shall be with an insurance 9 company or companies rated A-VII or higher in Best's Guild and admitted in the State of Washington. ii. Commercial Automobile Liability Insurance. Before this Agreement is fully executed by the parties,the City shall provide YSD with proof, if requested,that the City maintains a minimum of Two million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage for commercial automobile liability.YSD, its elected and appointed officials, officers, agents, employees and volunteers shall be named as an additional insured on Commercial Automobile Liability Insurance policies. c. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the City or YSD,their elected and appointed officials, officers, employees, agents, and representatives thereunder. Neither party shall be responsible for payment of the other party's premiums because of being named as additional insureds. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the other party until thirty(30) days after written notice to the other party of such intended cancellation, expiration or change. d. At any time during the life of this Agreement or any extension, if a party fails to maintain the required insurance in full force and effect,this Agreement may be terminated immediately. 19. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by either party to any other person or entity. 20. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and the District. It shall confer no benefits or rights, direct or indirect, on any third persons. No person or entity other than the parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of each party. 21. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this Agreement which shall prove to be invalid, unenforceable, void, or illegal shall in no way affect impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Any provision of this Agreement in direct conflict with any statutory provision of the State of Washington shall be deemed modified to conform to such statutory provision. 22. Integration, Supersession, and Modification. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes all other facility use agreement between the parties with the exception of the AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SCHOOL DISTRICT NO. 7 FOR DEVELOPMENT, MAINTENANCE AND USE OF THE UPPER KIWANIS PARK dated June 2011, and the Development Agreement for Lions Park, dated July 16, 10 2014, which shall remain in full force and effect. This Agreement also supersedes any and all prior negotiations, discussions, and understandings between the parties as to the subject matter hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 23. Non-Waiver. The waiver by the City or the District of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 24. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: Parks and Recreation Manager City of Yakima Public Works Administration 2310 Fruitvale Blvd. Yakima, WA 98902 TO DISTRICT: Superintendent Yakima School District No. 7 104 N. 4th Avenue Yakima, WA 98902 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 25. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 26. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 27. Venue.The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County,Washington. 11 28. Compliance with Law. The parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. Each party shall be responsible for complying with all relevant safety laws and regulations and for taking all necessary safety precautions while using the other party's facility pursuant to this Agreement. 29. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of the parties hereto. No presumption or other rule of construction that would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any provision of this Agreement. 30. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party one hundred eighty (180) days prior to August 1st of any year prior written notice of termination. 31. Financing. The parties intend to the greatest possible extent to coordinate budgeting for programs and facilities impacted by this Agreement. The parties understand that each has its own financial responsibilities and budgetary requirements. However, recognizing those limitations,the parties hope to avoid unnecessary duplication of recreational programs and avoid overlapping of facilities use. Should either party require a substantial change in budget, which would affect its performance under this Agreement,that party will provide the other party with reasonable advance notice of such change. 32. Filing. A copy of this Agreement shall be filed for record with the Yakima County Auditor or, alternatively, listed by subject on each party's website or other electronically retrievable public source pursuant to RCW 39.34.040. AGREED to this day of , 2023 CITY OF YAKIMA, WASHINGTON By: Robert Harrison, City Manager YAKIMA SCHOOL DISTRICT NO. 7 By: Dr.Trevor Greene, Superintendent ATTEST: Rosalinda Ibarra, City Clerk 12 Exhibit A-City-Owned Facilities The following are City-Owned Facilities that are anticipated to be used by YSD and the anticipated use of each facility. Cross Country Franklin Park Randall Park Kiwanis Park Chesterley Park Tennis Courts Kissel Park Franklin Park Lion's Park Soccer Fields Chesterley Park Ball Fields Gateway Sports Fields Gardner Park Upper Kiwanis Fields Golf Fisher Park P.E. Classes Franklin Park Gardner Park Fisher Park MLK Park Pool Lion's Park Pool Franklin Pool 13 Summer Meals Program Larson Park Kissel Park Chesterly Park Randall Park Cherry Park Franklin Park Gardner Park Kiwanis Park Miller Park MLKJr. Park General Recreational Use Franklin Park Chesterley Park Larson Park Kissel Park Franklin Park Lions Park Randall Park Gardner Park SE Community Park MLKJr. Park Gilbert Park McGuinness Park Miller Park Kiwanis Park 14 Exhibit B- District-Owned Facilities Gyms: Lewis and Clark(2 gyms) McKinley Wilson (2 gyms) Barge Lincoln Whitney Garfield Ridgeview Washington Middle School Roosevelt Franklin Middle School McClure Nob Hill Elementary Gilbert Hoover Robertson Adams MLK High School: Eisenhower High School Cafeteria and Classrooms Davis KIVA Playfields at District Schools Track Facilities School classrooms at all YSD school facilities 15 Exhibit C—Fee Schedule 16 Exhibit"C" 2023 FEE SCHEDULE Yakima Parks and Recreation Division Effective Date —January 1, 2023 PARK MAINTENANCE Description Non Resident Resident Resident Adult Youth Soccer League Field Rental — per hour minimum 2 hours $18 $15 $10 Soccer Tournaments — per day [50%non-refundable deposit per field] $144 $120 $73 Soccer Field Line Painting — per field $96 $80 $60 Special Line Painting — per field e.g. lacrosse,3v3 soccer, etc. $95 $90 $85 Gateway Tournaments — Non-Refundable Deposit per Tournament $1,000 Minimum cost per tournament $5000 $500 $500 [$40 per game per field,$25 per 15 minutes after 10pm Fri.&Sat.&after 5pm on Sun.] Gateway- All Fields - One Day $700 $625 $575 Gateway- Second Day $500 $375 $335 Gateway- Field #5 for Practice— per hour minimum 2 hours $30 $25 $15 Kiwanis Tournaments— Non-Refundable Deposit per Tournament $725 Minimum cost per tournament $450 $450 $450 [$30 per game per field,$25 per 15 minutes after 10pm Fri. &Sat. &after 5pm on Sun.] Kiwanis - All Fields —One Day $625 $575 $525 Kiwanis - All Fields — Second Day $455 $325 $250 Elks - orange, black, blue, red fields — per field, per day $35 NA $30 Elks - larger green field - per day $85 NA $80 Gardner Tournaments - per field - per day [$200 non-refundable $210 $200 $140 deposit]$400 Minimum cost per tournament Gardner Field Rental - per hour- per field, 2 hour minimum $30 $25 $15 Temporary Fences - per field - per tournament NA $250 NA Field Prep - per hour $72 $60 $48 Mowing - per hour $100 $100 $100 Sports Field Lights - per hour $65 $55 $30 Tennis Court Reservations - per court, per hour $18 $15 $10 COMMUNITY RECREATION All programmed recreation activities, except summer playgrounds, youth drop in programs and additional programs determined by City Council will follow the "Program Fee Formula" as identified. Description Resident Non-Resident Beyond the Bell - After School Program — per child, per day $3 [tax not $5 [tax not included] included] Beyond the Bell —After School Program - Monthly $46 [tax not $63 [tax not included] included] Summer Day Camp — Monday through Friday for 9 weeks $60 [includes tax] $85 [includes tax] Special Services to Organizations Contract 17 Exhibit"C" FISHER PARK GOLF COURSE Description Adult Juniors Seniors Youth Greens Fees 9 holes $12 $9 $11 $5 2nd 9 holes $8 $5 $7 $5 Sundays — after 3:00 pm $8 $5 $7 $5 Family (2 Adults, 2 Juniors) —9 holes $30 Family (2 Adults, 1 Junior) $25 Family (1 Adult, 2 Juniors) $24 Golf Passes 20 Round $192 $140 $176 NA Season Pass $912 $625 $836 NA Couples Season Pass $1460 NA $1338 NA Specials Ladies Day, Men's Day, etc. - 9 holes $9 $8 $9 NA Moonlight Golf $30 KXDD Loyal Listener Day $7 $6 $7 NA Monday—Seniors Day NA NA $7 NA Rentals Corporate Outings — 1/2 Day (4 hours or less) $800 Corporate Outings —full day (5 hours or more) $1200 Corporate Outings —Glow Ball $975 Club Rental $7 Pull Cart Rental $5 Electric Cart— per nine holes $16 Golf Lessons Adult/Youth formula The First Tee of Yakima No Charge AQUATICS Honored Citizen is defined as a person that is 62 years old or older or is a Yakima Transit Honored Citizen State of Washington Handicapped Parking Placard (wallet card) holder, SSI Disabled or active military with an ID. Ages 3 and under may swim for free when accompanied by a paying adult. Description Non Resident Resident [includes tax] [includes tax] Swim Lessons Tiny Tots through Level 6 $42 $33 Semi — Private — (8 sessions) $125 $100 Community Water Safety $65 $50 Competitive Stroke Class $65 $50 Lifeguard Training $132 $122 Water Safety Instructor Class formula 18 Exhibit"C" Water Exercise Classes Hydro-Fit, Aquacise, etc. 10 Visit punch card $47 $38 Drop— in $7 $6.50 Zumba—30 day unlimited formula Zumba— 10 visit punch card formula Other Services & Classes Utilize Program Fee Formula formula General Recreation Swimming Youth (age 4 — 17) $2.00 Adult (age 18 —62) $4 Honored Citizen $2.50 Family (up to four kids &2 adults) $13 Lap Swimming/Water Walking Adult $4 Honored Citizen $2.50 Passes Youth —3 Month $52 Adult—3 Month $105 Honored Citizen —3 Month $64 Family—3 Month — up to 6 family members $227 Family Pass —3 Months— up to 8 family members $300 Youth —Coupon book— 10 swims $17 Adult—Coupon book— 10 swims $35 Honored Citizen —Coupon book— 10 swims $23 Description Non Resident Resident [tax not included] [tax not included] Pool Rentals — minimum of 1 hour rental Lions Pool 1 —50 participants — price per hour $150 $125 Each additional 50 participants $50 $50 Franklin Pool 1 —50 participants $190 $165 Each additional 50 participants $50 $50 Party Area— up to 10 kids & 2 adults $150 $125 Party groups larger than 10 children - $8.00 each $8 $8 Other Rentals Non Resident Resident Swim team meets — per hour $150 $125 Swim team practice— per hour per lane $21 $17 For Profit Agencies 25% add 19 Exhibit"C" COMMUNITY CENTERS — Harman &Washington Fruit Description Non Profit Fee Regular Fee [plus tax] [plus tax] Harman Center Rentals Ballroom —all 3 sections — up to 5 hours - $300 per hour $1125 $1500 Ballroom —all 3 sections - additional hours $200 $200 Ballroom cleaning & damage deposit [moo w/alcohol permit] $500/$1000 $500/$1000 Ballroom Sections— per section per hour $90 $110 Classroom —weekends/evenings, 2 hour min. $50 $60 Classroom — normal open hours $40 $50 Weekly & Monthly User $40 $50 Set Up & Clean Up Fee for Ballroom - per hour $90 $110 Trips and Tours formula formula Classes - Miscellaneous formula formula Regular Schedule Weekly Classes — per quarter $12 Forever Fitness $15 Exercise (Session/Month) $6/$40 Line Dancing (Session/Month) $4/$15 Ballroom Dancing (Session/Month) $10/$40 Zumba (Session/Month) $5/$35 Pool/Billiards —yearly dues $25 Drop-In Price $1.25 Activity Cards $15 Subscriptions Per Year Mailed Copy—Quarter $4 Mailed Copy—Yearly $15 Reserved Activity Space —fee per quarter $12 Tournaments formula formula Washington Fruit Rentals Ballroom — Minimum 3 hours $90 $110 Classroom A & B— Monday— Friday— per hour $40 $50 Classroom A & B— Sat. — Sun. — per hour—2 hour min. $50 $60 Set Up & Clean Up Fee for Ballroom - per hour+ tax $90 $110 ADULT SPORTS Description Program Fee Formula formula YOUTH SPORTS Description Program Fee Formula formula 20 Exhibit"C" PICNIC SHELTERS Description Non Resident Resident Half Day Rental (9:00am-2:00pm or 2:30pm-Dusk) $90 $60 All Day Rental (9:00am-Dusk) $120 $ 85 SPECIAL EVENT FEE Special Event Fee 1 —50 participants No Additional Fee 51 — 100 participants $85 101 —200 participants $110 201 —300 participants $210 *301 —400 participants $310 All special events require an onsite meeting with Parks and Recreation staff prior to event. Events of over 250 people require an Onsite Supervisor at a cost of$40 per hour. An additional $.50 will be charged for each additional person over 300 people. CONCESSIONS PERMIT FEES One day concessions permit $40 Yearly concessions permit $315 ADDITIONAL SERVICES Park Bench Rental —delivery fee applies $10.00 per bench per day Picnic Table Rental — delivery fee applies $20.00 per picnic table per day 21 Yakima School District Operational Procedures 4330 Page 1 of 12 Public Use of School District Facilities Yakima School District buildings and facilities have been provided primarily and specifically for use in the educational and extracurricular programs for school-age children. Any other use of district facilities must be subordinated to these uses. The use of school facilities by members of the community is encouraged. After educational and extracurricular program needs have been met, priority use of facilities will be given to Yakima School District and groups herein listed under 7.0 Priority Access to School Facilities. Regulations governing this use shall be developed by the superintendent. Use of such facilities by the community shall not interfere with regular school educational or extracurricular activities. Approval of the use of facilities by a group or organization does not constitute endorsement of this group or its objectives by the district. School facilities may be rented for scientific, artistic, sporting, cultural, or other community events open to the public which are sponsored by individuals or by recognized non-profit organizations or groups. School facilities may also be used, subject to paying reasonable rental value or actual district cost, by individuals or groups whose intended use is solely commercial, private for profit, religious instruction or worship, or partisan political; provided, however, that school facilities shall not be rented for such purposes on a regular or continuing basis. The lessee agrees to protect all responsibilities listed for lessee; see section 3, Responsibilities of Lessee. A schedule of rental fees and charges shall be developed by the superintendent or designee. In determining the intended use of the facility, the district at its discretion shall determine and decide the primary use being made of the facility as evidenced by the application for use. The district reserves the right to grant or deny use of school facilities at its sole discretion. Appeals may be made to the assistant superintendent of human resources. Facilities will not be rented during normal school day hours. An exception to this will be allowed for such activities as school picture photographers, as long as such use does not interfere with the educational program. The district understands that casual use of playgrounds, baseball, football or soccer fields by the community may occur from time to time, providing the use does not interfere with school or scheduled activities. 1. General Provisions 1.1 The school district reserves the right to deny use of school facilities to any applicant when the intended use or the principles, philosophy, or background of the applicant organization would be detrimental to the best interest of the school district and its educational program. Appeals may be made to the assistant superintendent of human resources. 1.2 School facilities are not available for public dances. 22 Yakima School District Operational Procedures 4330 Page 2 of 12 1.3 Tobacco products/alcoholic beverages/drugs or other controlled substances are not permitted at any time on school district premises, including all grounds and play fields. 1.4 A school district employee must always be assigned and on-site at all times of rental and be responsible for unlocking and securing the building for after-school use. The lessee shall be responsible for said employee's wage costs, inclusive of any overtime and employment taxes. 1.5 If kitchen facilities are to be used a regular cafeteria employee must be in attendance, lessee shall be responsible for said employee's wage costs, inclusive of any overtime and employment taxes. 1.6 Officials representing the school district reserve the right to enter the school buildings at any time. 1.7 No keys will be loaned. Whenever these facilities are rented, the facilities scheduling coordinator or their appointed representatives will open and close the building. The facilities scheduling coordinator or their appointed representative of the school district on duty shall be in complete authority. 1.8 Gym shoes are required for all gym floors and elsewhere for activity-type games and events, including but not limited to basketball, volleyball or badminton. Heeled and/or hard-soled shoes should not be worn on gym floors. 1.9 During the summer, use of the school facilities may be restricted if such use interferes with the summer maintenance program. 1.10 All groups or organizations using facilities are responsible for total clean up of all facilities used or for the wage cost of district custodians to perform these duties, inclusive of any overtime and employment taxes. 1.11 Failure to comply with facilities use rules or polices may result in the revocation of the facilities use agreement and/or the denial of the future use of school facilities. 2. Applications 2.1 No permit will be granted for the use of buildings or grounds except upon application, which shall be made to the facilities scheduling coordinator at the central services building, 104 North Fourth Avenue. 2.2 All applications shall be presented in time to allow adequate consideration by the designated school representative. Ten (10) days shall be the minimum. Rental fees will be calculated and estimates submitted in accordance with the current fee schedule. The district reserves the right to determine the most appropriate facility for the event. 2.3 A single application may be made for a series of meetings or meetings of like character. However, if any of the meetings is found to conflict with school programs, such meeting will be canceled or rescheduled for another time or place. 2.4 Upon approval of an application, a permit will be issued by the facilities scheduling coordinator to be forwarded to the principal. Orientation with the principal may be required prior to use. 2.5 The district reserves the right to revoke any permit and refund any rental up to ten (10) calendar days prior to the time of the event. 23 Yakima School District Operational Procedures 4330 Page 3 of 12 2.6 Payment of rental fees shall be required in advance of the event. 2.7 After all charges are determined, a copy listing these charges will be sent to the rental group. In all cases, payment for the use of school facilities and any related costs shall be made at the school district business office, 104 North Fourth Avenue. 2.8 Any and all use of district facilities shall be totally free from obscure and controversial purposes and purposes of a disruptive nature. Objections to a specific use of district facilities by any group must be made in writing to the superintendent and signed by the individual and/or group of individuals lodging the complaint. When a valid complaint is lodged, the following shall apply: 2.8.1 Use of facilities by the applicant may be suspended temporarily to afford the superintendent or designee and all concerned parties sufficient time to meet for the purpose of a hearing. The applicant shall be duly notified in time to contact the members of the group regarding the temporary suspension of facility use, pending the hearing. 2.8.2 Within ten (10) days of temporary suspension, the superintendent or designee, the complainant, and the applicant shall convene at a specified time and location to determine the validity or non-validity of the complaint. The superintendent shall be the deciding authority, and their decision shall be final. A written copy of the decision may be obtained by any and all members of either the complainant group or the application group by request. 3. Responsibilities of Lessee 3.1 The lessee agrees to protect, indemnify, and save harmless the district, its officers, directors and employees, from any and all claims, liabilities and damages, or rights of action directly or indirectly growing out of the use of the premises covered by the application for use agreement. Lessee further agrees to provide evidence of insurance in the form of a certificate for limits of not less than one million dollars ($1,000,000) combined single limit. Certificate shall name the Yakima School District#7, its officers, directors and employees as additional insured, and provide not less than ten (10) days notice of cancellation or material change. This insurance shall be primary. The certificate shall be amended, deleting the wording "endeavor to" and "this certificate is issued as a matter of information only, and confers no rights upon the certificate holder." This wording shall be crossed off the certificate form and initialed by an authorized representative of the insurance company. 3.2 The lessee and all members of the group occupying school facilities are responsible for reasonable and proper care of the facility used and any material or equipment found therein. Any loss or damage resulting from activities of the group or activities of any person present because of the activity booked will be billed to the leasing organization. Failure to comply with this regulation and to pay any damage charges which may be assessed will result in denial of further privilege of use of school facilities and may result in legal action. 3.3 The leasing organization is responsible for the conduct of all persons in attendance. Adequate adult supervision of a youth group or program must be 24 Yakima School District Operational Procedures 4330 Page 4 of 12 provided by the leasing sponsor to assure proper conduct of occupants. Such adult supervision must be present with youth groups and in effective control at all times. Secondary student initiated groups wishing to meet and to use school facilities must be supervised at all times by a district employee. 3.4 The district requires any organization that operates a youth program where there is any reasonable risk that participants in the youth program might suffer a head injury or concussion to assure that the following requirements are met before any use of the district facilities (RCW 28A.600 and RCW 4.2.4.660); see OP 3436. The youth organization must sign a facilities use agreement with the district that shall include, in addition to other necessary terms the following requirements: a. The youth organization must provide written evidence of having obtained a bodily injury and accident liability policy; see section 3.1 above for insurance requirements. b. The youth organization must provide the district with a statement of compliance acknowledging that the youth organization and its coaches and volunteers have taken all training that is reasonably available to the organization and provided by WIAA on head injuries and concussions and that the youth organization will fully comply with all of the requirements, policies and guidelines promulgated by the WIAA related to head injuries and concussion. The facilities program will compile a list of activities that must comply with the provisions of this operational procedure, as well as maintain procedures to verify that all qualified organizations have fully complied with legal requirements. 3.5 The lessee shall remove at their own expense materials, equipment, furnishings and rubbish in excess of two (2)thirty (30) gallon garbage containers. 3.6 The lessee using the facilities for a series of dates shall notify the office of the facilities scheduling coordinator if the days or times of use change in number, dates, or any other matter. If such notification is not made, and if paid employees show up to work the event, the lessee shall be responsible for their actual wage cost, inclusive of overtime and employment taxes. 3.7 When large crowds are anticipated, it will be the responsibility of the leasing organization to notify police and fire for aid in providing security and fire protection. The lessee is responsible for notifying the district in writing as to what fire and security arrangements have been made. Any additional cost for same shall be borne by the leasing organization. 3.8 The lessee is responsible for the wage cost of district custodians to perform clean up of the facilities, inclusive of overtime and employment taxes. 25 Yakima School District Operational Procedures 4330 Page 5 of 12 4. Traffic Control, Parking, Fire, and Security Requirements 4.1 Traffic - The lessee may be required to provide an off-duty law enforcement officer if the facilities scheduling coordinator anticipates traffic congestion as a result of an event. The cost shall be the responsibility of the lessee. 4.2 Parking - The lessee may be required to provide an off-duty law enforcement officer, to hire district security person(s) and/or to organize and provide adult parking supervisors if the facilities scheduling coordinator anticipates parking problems as a result of an event. The cost shall be the responsibility of the lessee. No driving or parking on track fields, turf, and Sidewalks. Failure to do so may result in loss of facility use. 4.3 Fire - The lessee is required to follow all precautions for fire safety, to comply with all applicable fire safety rules and regulations, and to obey the fire marshal's edicts. 4.4 Security - The lessee may be required to hire district security personnel and/or to provide an off-duty law enforcement officer if the facilities scheduling coordinator anticipates security problems as a result of an event. The cost shall be the responsibility of the lessee. 5. Damages, Defacement and Loss 5.1 Any damage to school district premises and/or equipment owned by the school district will be charged to the lessee or the organization, which will be responsible for the cost of any necessary repairs or replacement necessary to restore the premises to their original condition as determined by the facilities scheduling coordinator. 5.2 The school district assumes no responsibility for any personal property brought on district premises by the lessee, and the school district is not liable for any loss, damage or destruction to such personal property that may be sustained by the lessee in connection with any service to be carried out under the terms of this agreement. 6. Priority Access to School Facilities The mission, vision, beliefs, objectives and legal requirements of the Yakima School District are aimed at youth. The superintendent and district staff subscribe to the belief that public schools are owned and operated by and for its patrons. The public is encouraged to use school facilities but shall be expected to reimburse the district for such use to ensure that funds intended for education are not used for other purposes. Our commitment to district youth, followed by patron use of district facilities, governs the following prioritization of the use of Yakima School District buildings and grounds. Use of non-commons and non-gymnasium indoor school facilities by the above or similar groups is limited to the following times when the school facility is operated and staffed: • elementary school- 3:45 — 5:00 p.m.; • middle school- 3:00— 5:00 p.m.; and • high school- 3:05 — 5:00 p.m. 26 Yakima School District Operational Procedures 4330 Page 6 of 12 This allows the building's teachers to complete their contracted work day at their work stations. Use of gymnasiums may continue into the evening until 9:30 p.m. When scheduling school district facilities for use outside the regular school day, priority in scheduling shall be given in the following sequence, which has sample groups listed. The facilities scheduling coordinator, with approval of the building principal, shall assign school district rooms and, in consultation with the district athletic director as needed, gymnasiums and play/athletic fields. Application requests for use of school facilities may be submitted beginning May 1, for the following school year and will be assigned using the following timeframes: Priority I: May 1-31 Priority II: June 1-30 Priority III: July 1-30 Priority IV: August 1-31 Priority V: September 1-30 Applications received outside of the designated ranges listed above will be reviewed on a first-come first-serve basis by priority and date received. 6.1 Priority I: Yakima School District Educational and Extra-curricular Programs No charge unless labor or damage costs are incurred. 6.1.1 School curricular and extra-curricular groups, such as drama, debate, the performing arts, intramurals, athletics, Associated Student Body (ASB) clubs; 6.1.2 Faculty, curriculum and staff development meetings; 6.1.3 School support groups, such as PTSA and parent booster clubs; 6.1.4 School photos, college recruitment or district-sponsored college courses; the district will provide official recruiting representatives of the state and United States military forces, Job Corps, Peace Corps, and AmeriCorps with access to school facilities (including number of days and type of presentation space) equal to and no less than the access provided to other post-secondary occupational or educational representatives. 6.1.5 Washington Interscholastic Athletic Association (WIAA) district, regional or state playoffs. 6.1.6 Others, as approved by the superintendent. 6.2 Priority II: Non-profit Activities of Youth Organizations Rental fee may be waived. Labor, damage, and utility costs will be charged. Available facilities may be scheduled on a first-come basis by community-sponsored youth groups and teams, but not limited to, Boy Scouts, Cub Scouts, YMCA, YWCA, Girl Scouts, Brownies, Camp Fire, 4-H, AAU, Grid Kids, and Little League; see section 3.4 regarding requirements for youth groups/organizations. 27 Yakima School District Operational Procedures 4330 Page 7 of 12 6.3 Priority III: Local Government Agencies and Contractual Groups Rental fee may be waived. Labor, damage, and utility costs will be charged. Available facilities may be scheduled on a first-come basis by Yakima City, County, or Washington State department or agency meetings; and other public municipal government/agency meetings. 6.4 Priority IV: Non-profit Activities of Adult Organizations Rental fee may be waived. Labor, damage, and utility costs will be charged. Available facilities may be scheduled on a first-come basis by recognized non-profit civic, social, recreational, and charitable organizations including, but not limited to, college courses, Kiwanis, Red Cross, League of Women Voters, hospital auxiliaries, United Way, YWCA, YMCA, Cancer Society, Toastmasters, Rotary, and Greenway Foundation. Excluded are any groups or organizations whose aim is commercial or for the monetary benefit of any individual or group of individuals. 6.5 Priority V: Commercial or For-profit Motivated Events Established rental cost plus labor, utility fees, and any damage costs will be charged. Available facilities may be scheduled and rented on a first-come basis by groups, associations, or activities whose motive is commercial gain or monetary benefit, either directly or indirectly. This includes organizations whose purposes are advertising or promoting sales or use of products or services when the motive of such sales results in monetary gain to an individual or group of individuals. Also included are entertainment programs, which yield any financial return to the entertainers or promoters, whether such financial return is based on a fee, percentage of admissions, or any other arrangement, included in this classification. State or national conferences or assemblages on a one-time basis are included in this priority classification. 7. Rental Rate Structure by Priority Access Categories Rental rates are based upon utility costs, maintenance costs, equipment replacement costs and reasonable or additional cleaning costs. Rental rates apply to use of the physical area requested and the halls and restrooms only. When equipment such as public address systems, special lights or scenery is used, extra charges apply. 7.1 Priority I: No charge unless labor or damage costs are incurred. 7.2 Priority II-IV: Rental fee may be waived. Labor, damage, and utility costs will be charged. 7.3 Priority V: Established rental cost plus labor, utility fees, and any damage costs will be charged. 8. Rental Rates (see following charts) Location District Staff Labor/Rent Hourly cost 28 Yakima School District Operational Procedures 4330 Page 8 of 12 All sites Custodial Labor school day $40 per hour All sites Custodial Labor non-school day $60 per hour All sites Maintenance Labor school day $50 per hour All sites Maintenance Labor non-school day $75 per hour All sites Scoreboard Operator Labor Employee Cost Elementary school Gymnasium Rent $20 per hour Elementary school Fields Rent $30 per hour Middle school Commons Rent $30 per hour Middle school Gymnasium Rent $30 per hour Middle school Baseball/Softball field Rent $30 per hour Middle school Football/Soccer field Rent $30 per hour Middle school Track Rent $30 per hour High school Auditorium Rent $70 per hour High school Commons Rent $40 per hour High school Gymnasium Rent $40 per hour High school Baseball field Rent $30 per hour High school Football practice field Rent $30 per hour High school Tennis Courts Rent $30 per hour High school, Davis KIVA Rent $40 per hour High school, Davis Soccer field Rent $30 per hour High school, Davis Track Rent $30 per hour High school, Ike Softball field Rent $30 per hour All sites Kitchen Rent $50 per hour(4-hour minimum) Stadium Zaepfel Rent $200 per hour(4-hour minimum) Sites not listed above Rooms not listed above Rent $20 per hour Sites not listed above Fields not listed above Rent $30 per hour All sites Personnel not listed above Labor Average cost 29 Yakima School District Operational Procedures 4330 Page 9 of 12 9. Equipment Use - On Site Groups leasing school facilities may obtain the use of equipment for a particular activity for the appropriate rental rate, providing the equipment is used in conjunction with the rental of the facility and that a qualified district employee is available to operate the equipment. Without prior arrangement, the school district will provide only the furniture and equipment normally found in the area leased. Reasonable shifting of furniture within the room to meet the needs of the occupant will be permitted, provided that it is returned to the original location and arrangement by the lessee. No furniture or equipment may be removed from any room without prior approval. 9.1 Podiums, nets, and standards will be made available, but only upon written request at the time of application. 9.2 Use of the following equipment, since it involves extra labor cost for moving, setting up, or returning the equipment, will necessitate additional charges at the current rental rate: band risers, bleachers, choir risers, choir shell, loudspeakers, piano, spotlights, platform or stage. Direct cost for district labor will be added if required. 9.1.1 A minimum two (2) hour labor charge is required by union contract for any use of district employees on special call-out. 9.1.2 The charge for bleacher time includes pulling out and returning, putting up and removing rails, and sweeping off the bleacher seats and floor underneath. 9.3 Computer lab rentals include charges for all of the equipment in the lab, regardless of the amount of equipment actually used. The labs are rented for half-day (up to 4 hours) and full-day increments (5 to 12 hours). A computer lab is defined as a room with 15 or more computers. 10 Equipment Rental Fee Schedule Stadium Lights $35.00 per hour Video Projector $35.00 per hour 30 Yakima School District Operational Procedures 4330 Page 10 of 12 Computer labs, 15 or more computers (all hardware within lab) $500/half-day (1 to 4 hours) $1,000/full-day (5 to 12 hours) Plus current hourly pay rate for trained operator 11. Central Services 11.1 Central Services conference rooms are heavily used for district meetings and staff trainings. 11.2 Conference rooms are not set up for coffee service, custodial assistance or connection to the internet for outside users. 11.3 Requests from outside groups are directed to other facilities in Yakima. 12. Special Additional Provisions for High School Auditoriums, High School Gymnasiums, and Davis KIVA 12.1Yakima School District's building facilities have been provided primarily and specifically for the use of educational programs for school-age children. Any other use of district facilities must be subordinated to this educational program. These facilities may be used for programs that are educational, civic or entertaining in nature and that are beneficial to the welfare of the community. 12.2 All applications for use of these facilities are subject to the approval of the high school principals and/or their respective managers for dates and times available. 12.3 Organizations, which desire commitments involving long-term use of these facilities, may make special arrangements with the assistant superintendent of human resources. 12.4 A calendar of programs and events will be developed by the principals at these locations each year during the month of September for the following twelve (12) month period beginning September 1. If more than one (1) date is desired during any twelve (12) month period, it is essential that those requests be made as early as possible to avoid conflict with school use of facilities. 12.5 No keys will be loaned. Whenever these facilities are rented, the facilities scheduling coordinator or their appointed representatives will open and close the building. The facilities scheduling coordinator or their appointed representative of the school district on duty shall be in complete authority. 12.6 At no time shall food or refreshments be carried into these areas, nor will food be served or consumed within the perimeters of these areas except as required by script. 12.7 Tobacco products and/or alcoholic beverages/controlled substances are not permitted on school premises at any time. 12.8 The superintendent or their designee shall develop a schedule of fees and charges which will ensure that district funds shall not be used to support activities other than those 31 Yakima School District Operational Procedures 4330 Page 11 of 12 consistent with the mission of the district and authorized by the board. School administrative officers reserve the right to enter these areas at any time. 12.9 If stage facilities are used in any of these facilities, district stage crew members and systems operators shall be employed at the current rate paid by the district. This shall include rehearsals, as well as actual performances. 12.10 Promotional material to be used in the lobbies and/or other areas must be approved by the facilities scheduling coordinator. Displays in these areas shall be restricted to materials directly related to program in these areas. Displays in any area may not be attached to the walls; they must be free-standing, and they must comply with local fire code. 12.11 There shall be no sales of materials or transactions involving contracts for sale of materials in these areas except for theatrical programs or items approved in advance by the director of support services. Nothing shall be sold in the seating area of these facilities. 12.12 Tape or sound recorders and photography equipment shall not be set up or used in these facilities without prior permission. Permission to tape or photograph a program must be obtained from person(s)in charge, the artist(s), and director of support services prior to performance. 12.13 The sponsor shall not grant live or delayed radio or television broadcast privileges to any person, organization or activity in connection with the sponsor's use of the leased facilities without prior approval of the assistant superintendent of human resources. 12.14 The lessee shall not transfer their contractual responsibilities to any other person or group using these facilities. 12.15 During the school day, the use of these facilities normally is limited to school classes and school related activities. 12.16 The use of these facilities is limited to the hours the building normally is open, unless special arrangements are made with the high school principals and/or the director of support services. 12.17 Eligibility for operations of any and all equipment will be determined by the school principal, the facilities scheduling coordinator, and the facilities manager. School officials shall be the sole judge of such eligibility. 12.18 The box office and the lobbies may be used for advanced sales, as well as performance sales during the hours the building is open. 12.19 The facilities scheduling coordinator shall approve the copy for all tickets of admission for all events held in these facilities. 12.20 These facilities have maximum seating capacities as determined by the fire marshal. Any additional seating must be cleared by the assistant superintendent of human resources and must meet local fire codes. No seating in aisles or stairways is permitted. Cross References: (cf.: 3436 —Concussion and Head Injury in Youth Sports) (cf.: 3511 — Secondary Student Group Meetings) (cf.: 4313 —Eliminating Tobacco and Alcohol on school Premises) (cf.: 4320 —Distribution of Materials and Contacts with Students Promoted by Outside Agencies) 32 Yakima School District Operational Procedures 4330 Page 12 of 12 Legal References: RCW 28A.320.510 —Night Schools, Summer Schools, Meetings, Use of Facilities RCW 28A.335.150 —Permitting Use and Rental of Playgrounds, Athletic Fields or Athletic Facilities RCW 28A.335.155 —Use of buildings for youth programs—Limited immunity RCW 28A.230.180 -Educational and career opportunities in the military, student access to information on, when AGO 1973 No. 26, Initiative No. 276 — School districts—Use of school facilities for presentation of programs—Legislature—Elections 20 USC SEC.4071 —Equal Access Act Adoption Date: 770419 800923 851022 950321 950818 000516 011016 020820 060821 090908 100315 121130 131202 210420