GENERAL RULES AND REGULATIONS GOVERNING THE USE OF SCHOOL PROPERTY
In conformance with Sections 38130 through 38139 of the Education Code, the Board of Trustees has adopted the following Rules and Regulations covering the use of school facilities for other than school purposes.
The Chief Business Officer is authorized to issue Permits for the Use of School Facilities for other than school purposes only in accordance with the following Rules and Regulations:
1. There shall be no charge for the use of school properties by school affiliated sports teams, clubs, parent-teacher's associations and school/community advisory councils (ELAC, etc.)
2. A charge shall be made for the use of school properties based upon the lighting, heating, custodial service and all necessary expenses in connection with the use of school facilities by non-profit organizations, clubs or associations organized to promote youth and school activities, charitable fund raising activities as determined by the Board, religious or community groups and public agencies.
3. No permit shall be granted for use by any individual or group that discriminates against anyone based on their race, creed or sexuality.
4. Organizations are expected to leave school properties in the same condition of cleanliness in which they found them. Users will be billed if facilities are not left in good order and additional custodial support is required.
5. If equipment or property is damaged during use, organizations will be invoiced for repairs or replacement of the damaged equipment.
6. All parking associated with the use of SVUSD facilities must be within the school parking lots. Parking in other general public spaces or private residential areas is prohibited.
SONOMA VALLEY UNIFIED SCHOOL DISTRICT
The principal of each school shall be responsible for the school facilities and grounds for purposes of their preservation and protection.
District-owned equipment shall not be loaned to individuals or private groups for use off the district property.
Civic Center Use
Subject to district policies and regulations, school facilities and grounds shall be available to citizens and community groups as a civic center for the following purposes: (Education Code
1. Public, literary, scientific, recreational, educational, or public agency meetings
2. Discussion of matters of general or public interest
3. The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization
4. Childcare programs to provide supervision and activities for children of preschool and elementary school age
5. The administration of examinations for the selection of personnel or the instruction of the precinct board members by public agencies
6. Supervised recreational activities, including, but not limited to, sports league activities that are arranged for and supervised by entities, including religious organizations or churches, and in which youth may participate regardless of religious belief or denomination
7. A community youth center
8. Mass care and welfare shelters during disasters or other emergencies affecting the publichealth and welfare
9. A ceremony, patriotic celebration, or related educational assembly conducted by a veterans' organization
10. Other purposes deemed appropriate by the Governing Board.
School facilities or grounds shall not be used for any of the following activities:
1. Any use by an individual or group for the commission of any crime or any act prohibited by law.
2. Any use which is inconsistent with the use of the school facilities for school purposes or which interferes with the regular conduct of school or school work
3. Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances, including tobacco.
Sonoma Valley Unified School District has the right to exclude certain facilities from community use for safety and/or security reasons.
Application and Permit For Use of School Facilities
Any person applying for the use of any school facilities or grounds on behalf of any society, group, or organization shall present written authorization from the group or organization to make the application. An adult person must be fully responsible for society, group, or organization meetings or activities. The person in charge must:
1. Before the date of the use of facilities, fill out and sign an "Application and Permit for Use of School Facilities." The principal at the site will sign the "Application and Permit for Use of School Facilities" signifying availability and forward the application to the district office for approval and fee charge, if applicable. A copy of the "Application and Permit for Use of School Facilities" will be returned to the site and retained in the school office. At that time, if approval is granted, he or she will receive pertinent instructions.
2. Execute the statement of information form. The application and permit for use of school facilities shall contain the statement of information set forth in Education Code 38136.
Execution of that statement shall be completed by the applicant before permission to use any of the school facilities is granted.
Any infraction of the above stated condition may result in forfeiture of further use of school facilities.
3. Insurance - Applicants may be required to provide proof of public liability insurance or a public liability self-insurance program with primary insurance coverage of at least one million dollars ($1,000,000) combined single limit for personal injury and property damage with respect to the use of the school premises involved. The district “Sonoma Valley Unified School District, 17850 Railroad Avenue, Sonoma CA 95476” shall be named additional insured on the policy. Any public liability insurance or self-insurance program maintained by the district shall be in excess of, and shall not contribute with the required liability insurance or self-insurance coverage provided to renter or user. User's policy shall contain cross liability endorsements.
Prior to actual use, user or renter must furnish district with a certificate of insurance or self-insurance naming the district “Sonoma Valley Unified School District, 17850 Railroad Avenue, Sonoma CA 95476” as additional injured under the policy. Such certificate shall include the following language: "this policy shall not be canceled or terminated as to certificate holder unless certificate holder has been given 30 days' notice of such cancellation or termination."
4. Applicants must agree to the following:
a. Hold Harmless - All applicants, with the exception of applicants granted use of facilities as a "free-use" group, will be required to hold harmless, defend and indemnify the district, its officers, agents and employees from and against any liability or claims, damage, costs or expenses in law or equity, including costs of suits and expenses for legal services, that may at any time arise or be claimed because of alleged damage to property or death or injury to persons by reason of the operations of the applicant on the district's property, or because of any negligent act or omission on the part of district, its officers, agents or employees, or because of any negligent act or omission on the part of applicant, its officers, agents and employees.
b. Agreement Regarding Liability (Education Code 38134) - Applicants granted use of facilities as a "free-use" group will be required to defend and indemnify the district and its officer, agents and employees from and against any liability or claims, damage, costs or expenses in law or equity, including costs of suits and expenses for legal services that may at any time arise or be claimed because of alleged damage to property, or death or injury to persons by reason of the operations of the applicant on the district's facilities or grounds. Pursuant to Education Code 38134 the district will defend and indemnify the applicant granted use pursuant to "Free-Use" above and its officers, agents and employees from and against any liability or claims, damage, costs or expenses in law or equity, including costs of suits and expenses for legal services that may at any time arise or be claimed because of alleged damage to property, or death or injury to persons by reason of negligence of the district in ownership or maintenance of district facilities or grounds.
Fees for the use of school facilities and grounds shall be charged in accordance with the following classifications:
The District shall not charge any fees for the use of school facilities or ground by school affiliated sports teams, clubs, parent-teachers' associations and school/community advisory councils (ELAC, etc.)
Should any free-use group prefer to use school facilities at a time when custodial services are not normally available, the district may charge a fee equal to the cost of those services. The principal or designee shall first ensure the availability of other times when the facility could be provided without charge, and this availability shall be pointed out to the free-use group.
The site administrator or designee will verify that cleaning was not necessary after use.
SONOMA VALLEY UNIFIED SCHOOL DISTRICT
APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES
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 strictly, and without exception, follow 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:
2. The FACILITY USER shall not hold the event and shall cancel the event if all Guidelines will not, are not, or cannot be met before, during, or after the event.
3. The FACILITY USER shall stop the event immediately and send all invitees/participants away if they are observed not to be meeting all required Guidelines.
4. The District may terminate the FACILITY USER’s use of the District facility at any time if, in the sole discretion of the District, the District determines that the FACILITY USER or their invitees/participants are not in full compliance with the Guidelines. If the District terminates the FACILITY USER’s use of the District facility pursuant to this paragraph, the FACILITY USER will be not be entitled to a refund of any fees and will not be entitled to recover any consequential damages arising from such termination.
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 Your 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 Your use and occupancy of the District facility. (“Your” is defined herein asthe FACILITY USER and each of their employees, District facility invitees, participants, volunteers,students, members, and all other related persons, agents, and entities.)
7. Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the SONOMA VALLEY UNIFIED SCHOOL 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 Your 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 Your 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. I understand that by signing this Agreement, I am releasing claims and giving up substantial rights, including my right to sue, and acknowledge that I am 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.
Addendum acknowledgment: I acknowledge that I have read this addendum and agree to all of its terms and that I fully understand my responsibility to adhere to all Coronavirus guidelines and instruction during the use of the District facility.