HomeMy WebLinkAboutCR 25-15 Ci °0 =T- Report to
Executive Committee
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Report Number: CR 25-15
Date: December 7, 2015
From: , Marisa Carpino
Director, Culture & Recreation
Subject: Reciprocal Use of Facilities Agreement
- Durham Catholic District School Board
- File: A-1100
Recommendation:
1. That the Mayor and Clerk be authorized to execute a Reciprocal Use of Facilities
Agreement pursuant to which the Durham Catholic District School Board will have
use of City owned parks listed in Schedule A and the City of Pickering will have
use of Board owned schools and school fields listed in Schedule B from January 1,
2016 to December 31, 2025, in the form included as Attachment 1, subject to such
revisions as are acceptable to the Director, Culture & Recreation and the Director,
Corporate Services & City Solicitor; and
2. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions as indicated in this report.
Executive Summary: For the past several decades, the City of Pickering has had a
verbal arrangement with the Durham Catholic District School Board regarding the
Reciprocal Use of Facilities. In recent months, City staff have worked with Durham
Catholic District School Board staff to establish a written Reciprocal Use of Facilities
Agreement that reflects this long standing verbal arrangement.
The Reciprocal Use of Facilities Agreement, as per Attachment 1, outlines the
contractual arrangement between the City and the Board for the use of facilities owned
by either party. In the agreement, the Board has use of City owned parks listed in
Schedule A and the City of Pickering has use of Board owned schools listed in
Schedule B.
The Culture & Recreation Department recommends that the Reciprocal Use of Facilities
Agreement with the Durham Catholic District School Board be executed for the period
January 1, 2016 to December 31, 2025.
Financial Implications: In exchange for the use of City owned parks adjacent to
Pickering Catholic Schools on weekdays from 7:00 am to 5:00 pm, the City of Pickering
has the use of Pickering schools belonging to the Durham Catholic District School
Board on weeknights and weekends for a variety of the City's recreation and leisure
CR 25-15 December 7, 2015
Subject: Reciprocal Use of Facilities Agreement Page 2
programs. The registration revenue for City programs that take place at Pickering
Catholic School facilities totals $10,000 annually.
Discussion: Over the past 20 years, the City of Pickering and the Durham
Catholic District School Board have built a successful partnership with respect to the
reciprocal use of facilities.
As per the Agreement in Attachment 1, the City has use of Pickering Catholic Schools
as listed in Schedule B for City educational, athletic and recreational purposes between
6:00 pm and 10:30 pm, Monday to Thursday, and 6:00 pm to 7:30 pm on Fridays and
between 7:00 am and 11:00 pm on Saturday and Sunday from September 1 of any year
to June 30 in the following year. In addition, City has use of Pickering Catholic Schools
during summer months in accordance with the board policy at the time of the request.
In exchange, the Durham Catholic District School Board has the use of City parks listed
in Schedule A of the attached Agreement for education, athletic and recreational
purposes between the hours of 7:00 am and 5:00 pm, Monday through Friday, from
September 1 in any year to June 30 in the following year. These City parks are already
maintained by City staff for use by the general public and permit holders.
This verbal arrangement has enabled the City of Pickering to offer quality recreation and
leisure programs at school facilities which staff could not otherwise offer due to limited
municipal facilities (specifically as it relates to gymnasiums). Such municipal programs
include Spanish language classes and competitive/recreational volleyball for which the
City generates approximately $10,000 annually in program revenue through registration
fees.
This partnership also enables the City of Pickering to offer over 200 hours in free
recreation programming each year at school facilities. This free programming is part of
the City's "Free Teen Programs" for which the municipality is recognized as a Youth
Friendly Community Builder— Gold Status by PlayWorks Ontario.
Clearly, formalizing the long standing verbal arrangement with the Durham Catholic
District School Board into a formal written Reciprocal Use of Facilities Agreement for a
10 year term ending December 31, 2025 with an option for a 10 year extension is an
expression of the City's ongoing commitment to community development. Therefore,
the Culture & Recreation Department recommend that the Reciprocal Use of Facilities
Agreement with the Durham Catholic District School Board be executed for the period
January 1, 2016 to December 31, 2025.
Attachments:
1. Reciprocal Use of Facilities Agreement— January 1, 2016 to December 31, 2025.
CORP0227-07101 revised
CR 25-15 December 7, 2015
Subject: Reciprocal Use of Facilities Agreement Page 3
Prepared By: Approved/Endorsed By
, ` ,/
•
Marisa Carpino Ric and Holborn
Director, Culture & Recreation Dir ,ctor, Engineering & Public Works
t,
Rob Gagen Paul B•• -•
Supervisor, Parks Operations Direc •r, or'orate Services &
City 'olicitor
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Recommended for the consideration
of Pickering City Council
CP11(1111
/k/01)--, 20/5
Tony Prevedel, P.Eng.
Chief Administrative Officer •
CORP0227-07/01 revised
ATTACHMENT# � TO REPORT# CR 25- I S
This Reciprocal Use of Facilities Agreement made January 1, 2016.
BETWEEN:
O'�C DISiR1pT�,S
1► m Durham Catholic District School Board hereinafter called the "Board"
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Of The First Part,
-and-
City.4
_- •? •-,_ The Corporation of the City of Pickering hereinafter called the "City"
Of The Second Part.
For the use of the facilities as outlined in Schedules A and B attached.
Whereas the Board is a board as defined in section 1 (1) of the Education Act(Ontario),
as amended, and as such is the owner of certain school buildings and lands within the
geographic boundaries of the City of Pickering which facilities are used by members of
the public and various community groups for both private and City-sponsored activities;
and
Whereas the City is an area municipality within the Regional Municipality of Durham and
is the owner of certain parks and recreational buildings within the geographic boundaries
of the City of Pickering which facilities are used by members of the public (including
students enrolled in Board schools) and various community groups for both private and
Board-sponsored activities; and
Whereas the City has the authority under section 94 of the Municipal Act(Ontario), as
amended, to operate and manage recreational areas, playgrounds, athletic fields,
auditoriums, community recreation centres and other places of recreation and
amusement; and
Whereas each of the Board and the City wishes to enter into a reciprocal use agreement
to provide for the use by the other of certain of its facilities, and for the use of the Board's
facilities by certain community groups acting under the auspices of the City;
Now Therefore This Agreement Witnesseth That, in consideration of the sum of$2.00
now paid by each to the other, the receipt of which by each is hereby acknowledged, and
of the terms and conditions herein set out, the Board and the City covenant and agree as
follows:
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1. Term of Agreement
(1) This Agreement shall be in effect for a term of ten years, beginning January
1, 2016 and expiring December 31, 2025 unless it is extended or earlier
terminated pursuant to this section.
(2) Despite the provisions of subsection (1), upon the expiry of the term hereof,
or of any extension of the term hereof, the term of this Agreement shall be
deemed to be extended for a further period of ten years, upon the same
terms and conditions as are contained herein (including this provision for
extending the term of this Agreement), unless either the Board or the City, at
least six months before the expiry of the term or any extension thereof, gives
written notice to the other of its intention to terminate the Agreement upon the
expiry of the current term.
2. Assignment of Agreement
Neither party shall assign any of its rights or obligations hereunder to any person
without the prior written permission of the other party.
3. Notice
(1) Any notice given under any provision of this Agreement shall be sufficiently
given if faxed to the fax number set out below and personally served upon, or .
mailed by prepaid ordinary mail to,
(a) in the case of notice to the Board,
Director of Education
Durham Catholic District School Board
650 Rossland Road West
Oshawa, Ontario L1J 7C4
Fax: 905.571.9702
(b) in the case of notice to the City,
Director, Culture & Recreation
The Corporation of the City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, Ontario L1V 6K7
Fax: 905.420.2596
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(2) Any notice personally served in accordance with subsection (1) shall be
deemed to have been given on the next business day following the day of
service.
(3) Any notice served by ordinary mail in accordance with subsection (1) shall be
deemed to have been given on the sixth calendar day following the day of
mailing.
(4) Any notice sent by electronic means in accordance with subsection (1) shall
be deemed to have been given on the next business day following the day of
electronic transmission.
4. Interpretation
(1) The Schedules attached hereto shall form part of this Agreement.
(2) In this Agreement, the term "force majeure" means acts of God, strikes,
lockouts or other labour disturbances, civil disturbances, acts of a public
enemy, wars, riots, sabotage, epidemics, landslides, snowslides, lightning,
earthquake, fire, storm, flood, washout or explosion and any other event or
occurrence beyond the reasonable control of the Board or the City, as the
case may be, whether or not of the nature of those mentioned above.
(3) This Agreement and everything contained herein shall enure to the benefit of
and be binding upon the parties hereto, their respective successors and
permitted assigns.
5. Board Use of City Park Facilities
(1) The Board shall have the non-exclusive use of facilities within or associated
with the City parks listed in Schedule A attached hereto for student
educational, athletic and recreational purposes between 7:00 am to 5:00 pm,
Monday through Friday, from and including September 1 in each year to and
including June 30 of the following year, except school holidays, without the
need for a City permit authorizing such use. In order to facilitate City
planning for maintenance, schools are required to request no fee permits
from the City for tournaments and special events not less than 14 days before
the proposed event.
(2) The Board shall have priority over any other user other than the City or a
City-sponsored organization for the use of the City parks listed in Schedule A
(with the exception of Woodsmere Park) for the purposes set out in
subsection (1) at all other times between September 1 in any year and June
30 in the following year, subject to permits issued by the City and any terms
and conditions, including payment of a permit fee, that the City may
reasonably attach to the issuance of those permits.
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(3) The use of any park by the Board pursuant to this section shall include the
use of any available,
(a) baseball or softball diamonds,
(b) parking facilities,
(c) playground equipment,
(d) football or soccer fields and posts,
(e) track and field facilities, and
(f) skating surfaces,
(4) The use of any park by the Board pursuant to this section shall not include
the right to the following without the prior written permission of the City:
(a) to erect, construct or install any feature, thing or apparatus in the park,
(b) to remove, reconstruct or change any feature, thing or apparatus in the
park, or
(c) to bring or drive any vehicle into the park (except into any parking
facility in the park).
The use of any park and facilities therein by the Board pursuant to this
Agreement shall be subject to the regulations set out in Schedule A attached
hereto the contravention of any of which may result in the City, in its sole
discretion, suspending the Board's right to use the facility or park in question
for up to thirty days or revoking the Board's permit to use the facility or park,
or both.
(5) The Board shall assume all liability and obligation for any loss, damage or
injury to persons or property that occurs during the use or occupation of any
park and facilities therein by the Board and the Board shall indemnify and
save harmless the City of and from any such loss, damage or injury and all
actions, proceedings or claims arising therefrom except to the extent to which
such loss, damage or injury is caused or contributed to by the neglect or
default of the City, its servants, agents or employees.
(6) The Board shall name the City as an additional insured with respect to the
City parks listed on Schedule "A" on the Board's liability insurance policy.
(7) Except for delays or interruptions caused by or arising out of events of force
majeure, and subject to normal wear and tear and maintenance required
thereby, the City shall keep and maintain the parks and facilities therein in
good condition, at its sole expense, so that they are available for the Board's
use.
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(8) The Board shall pay any taxes or similar charges that may be levied during
the term hereof against any of the lands that comprise any of the parks as a
result of the Board's use or occupation thereof pursuant to this section.
6. City Use of Board School Facilities
(1) Weekdays: The City shall have the non-exclusive use of facilities within or
associated with the Board's schools listed in Schedule B attached hereto for
City educational, athletic and recreational programme purposes between 6:00
pm and 10:30 pm, Monday through Thursday and 6:00 pm to 7:30 pm on
Fridays during the school year (September to June) , except for public
holidays the day before PA Days, PA Days, and Board holidays (including:
March Break, Easter Monday and Catholic Education Week).
(2) Weekends: The City shall have the non-exclusive use of facilities within or
associated with the Board's schools listed in Schedule B attached hereto for
City educational, athletic and recreational programme purposes between 7:00
am and 11:00 pm on Saturdays, and Sundays during the school year
(September to June) except for public holidays and Board holidays.
(including: March Break, Easter Monday and Catholic Education Week).
Weekend use is to subject to permits issued by or on behalf of the Board and
any terms and conditions, including payment of a permit fee that the Board
may reasonably attach to the issuance of those permits.
(3) Summer(during the month of July and August): The City shall have the non-
exclusive use of facilities within or associated with the Board's schools listed
in Schedule B attached hereto for City educational, athletic and recreational
programme purposes based on the Boards Community Use of School policy
at the time of the request.
(4) The use of any facility within or associated with a school by the City pursuant
to this section shall include the use of any available,
(a) desks, tables and similar furniture,
(b) dressing and change rooms,
(c) parking facilities,
(d) sports equipment in the nature of nets, goal and hoops,
(e) washroom facilities,
(f) baseball or softball diamonds,
(g) playground equipment,
(h) football or soccer fields and posts,
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(i) track and field facilities, and
(j) skating surfaces,
(5) The use of any facility within or associated with a school by the City pursuant
to this section shall not include the right to do the following, without the prior
written permission of the Board:
(a) to erect, construct or install any feature, thing or apparatus in the facility
or school,
(b) to remove reconstruct or change any feature, thing or apparatus in the
facility or school, or
(c) to bring or drive any vehicle onto the school grounds (except into any
parking facility associated with the school).
(6) The use of any facility within or associated with.a school by the City pursuant
to this Agreement shall be subject to the regulations set out in Schedule B
attached hereto.the contravention of any of which may result in the Board, in
its sole discretion, suspending the City's right to use the facility or school in
question for up to thirty days or revoking the City's permit to use the facility or
school, or both.
(7) Except for delays or interruptions caused by or arising out of events of force
majeure, and subject to normal wear and tear and maintenance required
thereby, the Board shall keep and maintain the schools and facilities therein
or associated therewith in good condition, at its sole expense, so that they
are available for the City's use.
(8) The City shall assume all liability and obligation for any loss, damage or injury
to persons or property that occurs during the use or occupation of any school
and facilities therein or associated therewith by the City and the City shall
indemnify and save harmless the Board of and from any such loss, damage
or injury and all actions, proceedings or claims arising therefrom except to the
extent to which such loss, damage or injury is caused or contributed to by the
neglect or default of the Board, its servants, agents or employees. The City
shall name the Board as an additional insured with respect to the Schools
listed on Schedule B on the City's liability insurance policy.
(9) The City shall pay any taxes or similar charges that may be levied during the
term hereof against any of the lands that comprise any of the schools as a
result of the City's use or occupation thereof pursuant to this section.
7. Community Use of Board School Facilities
Community groups may have the use of facilities within or associated with the
Board's schools subject to permits issued by the Board and to the terms and
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conditions of any Board policy respecting such use and the issuance of such
permits.
8. Dispute Resolution and Miscellaneous
(1) Any dispute arising out of the administration of this Agreement shall be
referred to a committee made up of the Chief Administrative Officer or
designate, (on behalf of the City) and the Director of Education or
designate (on behalf of the Board). Should the committee be unable to
settle this dispute, it shall be referred to arbitration and settled under the
terms of the Arbitration Act, 1991, as amended from time to time.
(2) The parties agree to execute such further and other documents as are
necessary to give effect to this Agreement.
In Witness Whereof the Board and the City have hereunto affixed their corporate seals,
attested their corporate seals, attested by the hands of their authorized officers.
The Corporation of the City of Pickering
David Ryan, Mayor
Debbie Shields, City Clerk
Durham Catholic District School Board
Anne O'Brien, Director of Education,
Secretary/Treasurer
Jim McCafferty, Chair of the Board
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Schedule A
Part 1 — City Parks Which the Board May Use
Item Park Adjacent School
City Owned Park DCDSB Owned School
Dunmoore Park n/a
Frenchman's Bay Father Fenelon Catholic School
Ratepayers
Memorial Park n/a
Kinsmen Park n/a
Rouge Valley Park n/a
St. Mary Park St. Mary - Catholic Secondary School
Southcott Park St. Wilfrid Catholic School
Woodsmere Park St. Elizabeth Seton Catholic School
Part 2 — Regulations for Use of City Parks by Board
Item Regulations
1. The Board shall be responsible for the conduct and supervision of all persons
involved in the Board activity in the park, whether those persons are spectators or
participants.
2. The Board shall not cause or permit to be caused at the park any unusual or
unnecessary noise that disturbs the peace, quiet or comfort of any person in any
residence, institution or place of business within the City.
3. Games of chance, lotteries or gambling in any form shall not be permitted in any
park.
4. The Board shall ensure that all persons admitted to the event in the park have
vacated the park by 1700 hours.
5. If liquor of any type is to be served, sold or available at the event, the Board shall
obtain all necessary permits and licenses and file a copy of each with the City at
least two weeks prior to the event.
6. The Board shall not restrict the use of the park by other members of the public
unless such use conflicts with the Board's use.
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Schedule B
Part 1 — Board Schools Having Facilities Which the City May Use
Item School Buildings
1. Father Fenelon Catholic School (this school will be unavailable until Jan 2017)
2. St. Isaac Jogues Catholic School
3. St. Monica Catholic School
4. St. Mary Catholic Secondary School
Part 2 — Regulations for Use of Board School Facilities by City
Item Regulations
1. Board, School, Parish and/or Continuing Education functions have precedence at
all times. The City shall be given priority thereafter.
2. The City shall be responsible to the Board for any misuse, damages to buildings,
equipment and/or property and shall indemnify and save harmless the Board from
any claims whatsoever by, or in respect of, any person or persons.
3. Smoking is not permitted under any circumstances within or on School Board
property.
4. No animals except service animals shall be permitted in school buildings.
5. The school telephone will be available for Emergency Calls only.
6. Decorations and portable materials must conform to fire safety standards and to
fire safety regulations of any municipality or provincial fire authority applicable to
the school. Decorations must be installed without damage to school facilities or
property. The permit holder accepts responsibility for any damage caused.
7. It is the responsibility of the City to set up and put away any tables, chairs or other
equipment used unless other arrangements have been approved through the
Community Use of Schools office.
8. Where custodial staff are kept after regular hours, interrupted from their normal
duties for tasks related to the group's needs, or must spend additional time to
clean any unusual mess left by the group, a charge may be levied against the
City.
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9. A Board employee shall open the building, secure the building at the completion
of its use, handle facility emergencies that arise and generally protect the
interests of the Board.
10. Food is not permitted in the Gym.
11. Only School or Parish dances are permitted in schools. If alcohol is to be
consumed, it is the responsibility of the City to obtain a Liquor License and show
proof of purchase of Party Alcohol Liability Insurance. A Custodian must be on
duty at all times when alcohol is served.
12. Storage of the City's equipment must be approved by the Principal and noted on
the permit. No liability is accepted for missing articles by the school or Board.
School is not responsible for damaged or stolen articles.
13. White soled gym shoes must be worn in school gymnasiums. Other shoes are not
permitted. Only plastic/composite hockey sticks are allowed. The use of wooden
sticks is strictly prohibited. No permits will be granted for floor/ball hockey in our
secondary schools. Only soft balls are allowed for baseball; floor hockey, squash
and lacrosse activities.
14. Use of school facilities and/or equipment are restricted to those noted on the
permit. The school Custodian cannot authorize use of any equipment. Additional
requests must be made in writing to the Community Use of Schools office. The
City may request the use of school equipment (balls, nets, poles, score clocks,
bleachers, sound and visual equipment etc.) for which additional charges may be
incurred.
15. Parking is only permitted in designated areas. Fire routes and driveways should
not be blocked. Failure to comply may result in ticketing and/or towing.
16. Exits shall be kept clear from any obstruction at all times.
17. Equipment:
(a) The City may be required to provide any or all necessary equipment.
(b) Neither Board employees nor City employees are authorized to allow the
use of any Board equipment not approved for use in the permit.
(c) School instructional equipment will not generally be available for use.
(d) Physical education equipment may be made available at no charge if
requested in the permit application and approved by the school principal.
(e) The City is responsible for the supervision and safety of users of Board
equipment
(f) Sound or lighting equipment may be made available at no charge if
requested in the permit application and approved by the school principal. In
order to use Board sound or lighting equipment, the City must make
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arrangements through the school to have a trained student operate the
equipment at the hourly rate set by the Board from time to time.
(g) The use of any Board equipment shall be at all times subject to the
supervision of Board employees.
(h) Plans of stage settings or the use of special equipment must be approved
by the Board's Superintendent of Facilities Services in consultation with the
school principal in advance of the use date.
(i) Wiring shall be made without the authority of the Superintendent, and all
costs thereof shall be charged to the City.
(j) Decorations shall conform to fire safety practices as recommended by the
City's Fire Department, shall be limited to flame proof materials and shall
not be attached to electric light fixtures or electrical outlets.
(k) The delivery of stage equipment and the setting of stage properties shall
be done outside school hours unless otherwise arranged with the school
principal.
(I) All equipment shall be removed immediately after the use unless otherwise
arranged with the school principal.
18. Permits:
(a) The issuance of a permit for Use of School premises shall not establish a
contract of rental or otherwise between the Durham Catholic District School
Board ("the Board") and any person or organization. The Board may at any
time, regardless of whether a fee has been paid, withdraw the use of any
facility, if in the opinion of the Board (in its unfettered discretion), the use to
which the facility is to be or is being put, is not in the best interest of the
Board or Community.
(b) A permit is not valid until it has been received and accepted, and
approved by the Community Use of Schools office.
(c) The issued permit is for the use of the group named therein. The permit is
not transferable nor extendable to include any other group.
(d) Times specified on the permit must be strictly adhered to. Failure to
comply may result in additional charges and/or cancellation of the permit.
(e) A permit shall be required for the use of any Board school facility after
normal school hours.
(f) Written applications for permits for City use of Board school facilities shall
be made to the Board's Community Use of Schools Department by the
City's Department of Culture & Recreation not less than 14 days before the
proposed date of use. The Board's Community Use of Schools
Department will endeavor to process City applications for summer
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programs within two weeks after the deadline for summer applications
close.
(g) Applications for permits for the use of Board school facilities shall be given
the following priorities:
1. School purposes and Board programmes;
2. City recreation programmes;
3. Community recreation programmes and youth groups;
4. Ratepayer associations;
5. Other activities.
(h) When making an application for a permit, the City's Culture & Recreation
Department shall ensure that the facility required is available on the date
and at the time requested by reviewing its own records and by contacting
the Board's Community Use of Schools Department.
(i) Permission to charge admission to the use, or sell a product or refreshment
in the facility, may be granted if requested in the permit application.
(j) When an additional Board custodial employee is provided, or when a
regular Board custodial employee is required to work overtime, or when
special circumstances warrant, custodial costs will be levied.
(k) Payment of custodial and other costs shall be made by cheque within thirty
days of receipt of the Board's invoice therefor.
(I) If the City wishes to cancel the use of a facility, shall notify in writing the
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Board's Community Use of Schools Department as early as circumstances
permit but no later than five full business days before the proposed date of
use.
(m) Refunds or credits of custodial costs will be made upon a cancellation
provided that the City notifies the Board's Community Use of Schools
Department at least five full business days before the proposed date of
use.
(n) The City shall ensure that all persons admitted to the use vacate the
Board's buildings and grounds promptly at the time specified in the permit.
(o) If the. Board wishes to cancel a permit, notice shall be given as soon as
possible, but no later than five full days prior to its effective date.
(p) All community use of schools permits shall be automatically cancelled
when schools are closed due to inclement weather, strikes or any other
causes beyond the control of the Board. Rental fees will not apply.
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(q) If the City is cancelling due to inclement weather please contact
Community Use of Schools before 4:30 pm Monday to Friday or the on call
supervisor for weekend permits (number listed on weekend permits).
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