HomeMy WebLinkAboutSweetwater Union High School District - Use of Facilities, Coronavirus AddendumSWEETWATER UNION HIGH SCHOOL DISTRICT
APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES
CORONAVIRUS ADDENDUM (Attach to Application)
Date of Application: April 27, 2021
Requested Facility: Multi -Purpose Room Kitchen Classrooms(s), Other: New Gvm
Month: April, Day(s) of Month: Thursday the 29th Time(s): 8am-2pm
In addition to the attached Application and Agreement for the Use of Facilities, Applicant/ Representative
enters this Coronavirus Addendum and further hold harmless Agreement, Incorporated into the
Application and Agreement, as follows:
1, Including, but not limited to, the SARS-CoV-2 virus (the "Coronavirus"), the Applicant/Representative
(the "FACILITY USER") agrees to use Its best efforts to enforce all local, state, and federal guidelines
regarding human protection from the Coronavirus (the "Guidelines"). The Guidelines to strictly follow
are located at various sites, including, but not limited to:
a, https://covidl9.ca.gov/
b. https://www,cdc.gov/coronavirus/2019-ncov/Index.html
c. San Diego County Health Guidelines
2. To the extent permitted by law, the FACILITY USER shall send all invitees/participants away if they are
observed not to be meeting all required Guidelines,
3, The FACILITY USER shall provide all personal protective equipment required to follow the guidelines.
4. If the District determines that the FACILITY USER's use of the District facility at any time is not in full
compliance with the Guidelines, the District will bring these discrepancies to the attention of the FACILITY
USER, If notified by the District of any such discrepancies, FACILITY USER will promptly make all
reasonable efforts to bring its use of the District facility into full compliance with all Guidelines. The
District will not, however, have the authority to order the FACILITY USER to terminate use of the District
facility as a Voting Center, nor may the District obstruct the access of voters to the District facility. (See
Paragraphs 5 & 6 below regarding FACILITY USER assumption of risk.)
5. The District makes no representation regarding the condition of the facility In use. It shall be the
FACILITY USER's sole responsibility to appropriately and thoroughly clean, disinfect, and maintain a clean,
disinfected, and sanitized environment before, during, and after the event, including the use of
Coronavirus products approved by the Environmental Protection Agency (EPA) and in compliance with
the Healthy Schools Act (HSA).
6. Assumption of Risk. FACILITY USER recognizes that there is presently a significant element of risk of
Coronavirus transmission when any group of people gathers. FACILITY USER has reviewed and
understands the risks reflected in the local, state, and federal alerts and guidelines, including, but not
limited to, the links above. FACILITY USER assumes all risks, known and unknown, arising from FACILITY
USER's use and occupancy of the District facility, including risks from the Coronavirus. FACILITY USER
assumes full responsibility for any sickness, hospitalization, bodily injury, death, loss of personal property,
quarantines, and all related costs and expenses of any person arising from FACILITY USER's use and
occupancy of the District facility.
7. Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the
District, its affiliated campuses, and their governing boards, affiliates, subsidiaries, divisions,
administrators, directors, officers, employees, agents, and volunteers (collectively referred to herein as
the "District"), from and against all claims and causes of action, for any injury or harm of any kind which
may arise from or out of FACILITY USER's use and occupancy of the District facility, including the risks from
Coronavirus. This release is intended to discharge the District against any and all liability arising out of or
connected in any way with FACILITY USER's use and occupancy of the District facility, even though that
liability may occur or arise out of the negligence or carelessness on the part the District. This waiver shall
not apply to liability that may occur or arise as a result of willful, intentional or reckless conduct on the
part of the District. FACILITY USER understands that by signing this Agreement, FACILITY USER is releasing
claims and giving up substantial rights, including FACILITY USER's right to sue, and acknowledge that
FACILITY USER is doing so voluntarily. No representations, statements, or inducements, oral or written,
apart from the foregoing written statement have been made.
8. INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF MYSELF AND MY
ORGANIZATION, I AGREE TO IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD THE DISTRICT (AS DEFINED
ABOVE) FREE AND HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY, OR EXPENSE THAT MAY ARISE IN
WHOLE OR IN PART FROM THE APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES AND THIS
CORONAVIRUS ADDENDUM, INCLUDING AS IT RELATES TO ANY EXPOSURE TO THE CORONAVIRUS (AS
DEFINED ABOVE). THE DEFENSE AND INDEMNITY OBLIGATIONS UNDER THIS PARAGRAPH SHALL APPLY
REGARDLESS OF THE DISTRICT OR ANY OTHER PERSON OR ENTITY'S ACTIVE OR PASSIVE NEGLIGENCE, BUT
NOT INTENTIONAL, WILLFUL OR RECKLESS CONDUCT ON THE PART OF THE DISTRICT.
Addendum acknowledgment: I acknowledge that 1 have read this addendum and agree to all of its terms
and that I fully understand my responsibilityto adhere to all Coronavirus guidelines and instruction during
the use of the District facility. I represent and warrant that I am authorized to execute this Addendum on
behalf of FACILITY USER and have the authority to do so under law.
Name of FACILITY USER's Organization: City of National City
Name of Representative/Agent (please-•ptJ ): Franco Barra, Chief of Emergency Services
Signature of Representative:
Address: 1243 National City Blvd, National City, 91950
Work Phone: (619) 336-4551 Other Phone: (619)726-6547