Milpitas Unified School Policies & Bylaws - Use of Facilities
The Civic Center Act states that the governing board of any school district may grant the use of
school facilities or grounds as a civic center upon the terms and conditions the board deems appropriate, subject to the limitations, requirements, and restrictions set forth in Article 38130- 38138.
The Governing Board recognizes that district facilities are a community resource whose primary purpose is to be used for school programs and activities. The Board authorizes the use of school facilities by Milpitas community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities.
All school- related activities (clubs, class events, etc.) shall be given priority in the use of facilities under the Civic Center Act.
The Board believes that the use of school facilities should not result in costs to the district.
The Board shall grant the use of school facilities without charge to school-related organizations whose activities are directly related to or for the benefit of district schools. Other groups requesting the use of school facilities under the Civic Center Act shall be charged at least direct costs.
The Superintendent and staff shall develop district regulations, including a schedule of fees,
governing community use of district facilities.
Subject to District policies and regulations, facilities may be made available to responsible organizations, associations, and individuals of the Milpitas community for the following appropriate civic, cultural, welfare, or recreational activities which do not infringe upon nor interfere with the regular conduct of school work andare in the best interests of the District.
Public, literary, scientific, recreational, educational, or public agency meetings.
The discussion of matters of general or public interest.
Child care programs to provide supervision and activities for children of pre-school and elementary school age.
The administration of examinations for the selection of personnel or the instruction of
precinct board members by public agencies.
Supervised recreational activities.
Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The Board shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, and shall cooperate in furnishing and maintaining such services, as it deems necessary to meet community needs.
The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization, provided the Board imposes a charge at least equal to the District's direct cost.
A community youth group center.
Other purposes deemed appropriate by the Board.
The Board shall not grant the use of school facilities 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 of school facilities or grounds which is inconsistent with school purposes or which interferes with the regular conduct of school or school work.
3. Anyuse which is discriminatory in the legal sense.
4. Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances on school property.
5. Any use which involves the use or smoking of tobacco products on school property.
Priority of Users
Applications for use of facilities shall be given preferences in the following order:
In-school uses (clubs, class events, etc.)
School support groups
City of Milpitas Leisure Services for the conduct of community recreational programs
Milpitas youth groups
Public agencies and public affairs groups
Community recreational and cultural groups
Community special interest groups
Private, non-school-connected classes and educational events
Profit-making or commercial events, out-of-town groups, etc.
Fees for Use of Facilities
Fees for the use of facilities and grounds shall be charged in accordance with the District schedule of fees. Copies of the fee schedule can be obtained from the Office of the Assistant Superintendent of Business Services.
Application Processing Fee: All applications, other than Class 1 - Free-use, shall be submitted with a twenty-five dollars ($25.00) non-refundable processing fee.
Class 1 - Free Use: District sponsored activities directly related to the educational program or activities sponsored by any other approved Milpitas youth group. These groups include, butare not limited to, Girl Scouts, Boy Scouts, Camp Fire, parent-teacher associations, and school/community advisory councils.
Should any free-use group prefer to use facilities at a time when custodial services are not normally available, the District will charge a fee equal to the cost of the custodial services and other actual added costs. 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.
3. Class 2 - Direct Costs Fee: Non-profit organizations not directly related to the District's educational programs and/or charge admission, fees, dues, or contributions. Activities other than those specified for free use or fair rental value shall be charged a fee not to
exceed direct costs to the District. Direct costs include supplies, utilities, janitorial services, services of other District employees and salaries paid to District employees necessitated by the organization's use of facilities.
The following activities shall be charged at direct costs:
Services conducted by religious groups.
Charitable fund-raising activities, which are not beneficial to youth or public school activities of the District, as determined by the Board.
Events sponsored by religious or community groups, except those which qualify for free use.
1} In lieu of direct costs, the District may enter into a written joint-powers agreement with local public agencies.
Activities not previously identified which do not fall within the free-use or fair- rental value classifications and which are included here through subsequent Board action,
4. Class 3 - Fair-Rental-Value Fee: Organizations, groups, or individuals engaged in major fund-raising or profit-making activities of any kind where admission is charged or contributions solicited of which the net proceeds are not to be expended for the welfare of the District's students or charitable purposes. Groups, organizations, or individuals shall be charged a fair rental value fee which includes direct costs plus the amortized costs of the facilities or grounds used for the duration of the activity.
Damage and Liability
1. Groups or persons using facilities under the provisions of this policy shall be liable for any property damages caused by the activity. The Board shall charge the amount necessary to repair the damages and may deny the group further use of the facilities.
A. District property must be protected from damage and mistreatment and ordinary precautions for cleanliness maintained. Groups are responsible for the condition in which they leave the property.
B. On the day following the use of facilities, the employee designated to have care of the facility shall complete a report if any damage or misuse of the facility has taken place. This report is to be filed with the Office of the Assistant Superintendent of Business Services in order to levy any penalty due for damage.
2. Any group using school facilities shall be liable for any injuries resulting from its negligence during such use. The group shall bear the cost of insuring against the risk and defending itself against claims arising from this risk.
The District requires groups using facilities to have bodily injury and property damage liability insurance coverage with a minimum limit of one million dollars ($1,000,000).
The following must be onfile:
1] Certificate of Insurance naming the District as an additional insured;
2] Additional Insured Endorsement; and
3] Mutual Hold harmless agreement.
Conditions of Use
Use of facilities of the District is contingent upon the availability and presence of a duly authorized employee whose duty is to open, exercise care over, clean, and close such facilities. When kitchen facilities are used, a food service employee must also be present. Employees shall be present due to health department regulations for the handling of food.
Groups with activities involving children in an audience or as event participants shall provide adequate supervision.
Activities open to the general public shall require the employment of security personnel by the individual or organization using the facility. The level of security required shall be determined by the Office of the Assistant Superintendent of Business Services, and approval for security employed must be obtained through the Office of the Assistant Superintendent of Business Services. The Milpitas Police Department will be informed of any activity with 500 or more participants. If the Milpitas Police Department is participating and will assume security responsibilities, a letter from the Department must be provided to the District 15 days prior to use.
Any person applying for use of school property on behalf of any society, group, or organization shall be a member of the applicant group. Unless he/she is an officer of the group, the applicant shall present a written authorization from an officer of the group to make application behalf of the group.
If more than one group is sponsoring the activity, one group will assume the total responsibility for the facility.
Persons or organizations applying for the use of school facilities shall submit a statement of information indicating that the organization upholds the State and Federal constitutions and does not intend to use the premises to commit unlawful acts.
Any use of facilities of the District by any individual, society, group, or organization whose membership requirements, written or implied, exclude any individual because of race, creed, or national origin, shall not be permitted.
Any use of facilities of the District by any individual, society, group, or organization for the purpose of holding closed or secret meetings shall not be permitted.
Application for Use of Facilities
1. Application forms can be obtained from:
the Office of the Assistant Superintendent of Business Services, or
the school at which the facilities desired is located.
2. Applications for Use of Facilities shall be submitted for scheduling and approval to the principal/designee of the school in which the facility desired is located not less than thirty
(30) business days prior to the date of the use of the facility.
3. Applications approved by the principal/designee must be submitted for approval to the Office of the Assistant Superintendent of Business Services not less than twenty-four (24) business days prior to the date of the use of the facility. All necessary documents must be provided 15 days prior to the use of the facility.
4. All applications, other than Class 1 - Free-use applications, shall be submitted with a twenty-five dollars ($25) non-refundable processing fee. Checks shall be made payable to Milpitas Unified School District.
5. Payment of fees and charges, if any, must be made prior to the use of the facilities. The district will bill the organization for any additional costs.
6. The following insurance documents shall be submitted to the Office of the Assistant Superintendent of Business Services not less than fifteen (15) business days prior to the use of the facilities:
al Certificate of Insurance naming the District as an additional insured;
b] Additional Insured Endorsement; and
c] Mutual Hold harmless agreement.
7. The District reserves the right to cancel any and all agreements for the use of facilities up to twenty-four (24) hours before the scheduled use.
In addition to the District’s terms and conditions, applicant/representative enters this Coronavirus Addendum which is hereby incorporated into the agreement.
The following must be adhered to:
1) Applicant/Representative (the “FACILITY USER”) acknowledges that the County of Santa Clara, acting through its Health Officer, has imposed health protocols on all individuals, business and organizations, including FACILITY USER, due to the SARS‐ CoV‐ 2 virus (the “Coronavirus”). A copy of the most recent health order, can be found at https://www.sccgov.org/sites/phd/Pages/phd.aspx. The Order incorporates additional guidelines and health standards and protocols (collectively referred to herein as “Guidelines”).
2) FACILITY USER has read and agrees to strictly, and without exception, follow all the Guidelines, as may be amended, updated or superseded from time to time. The Guidelines to strictly follow are located at various sites, including, but not limited to: https://www.sccgov.org/sites/phd/Pages/phd.aspx
3) Facility User will incur an additional charge for disinfection (including, without limitation, cost of labor and supplies) DAILY.
4) Facility User further acknowledges and understands that the Guidelines set forth limitations on group gatherings and events, and additional requirements pertaining to social distancing, face coverings, hygiene, disinfection/sanitation (including frequent disinfecting and cleaning of all high-contact surfaces, equipment and facilities during Facility User’s use of District’s facility), symptom checks and screening procedures, temporary signage, and related measures pertaining to the operation of Facility User’s program and activities to prevent the spread of Coronavirus. Facility User agrees that Facility User, at its sole cost and expense, shall be solely responsible for developing and enforcing proper protocols and procedures, and otherwise ensuring compliance with these requirements by Facility User and Facility User’s employees, volunteers, participants, partners, officers, members, agents, contractors, customers, guests, invitees, staff, and spectators..
a. Additionally, FACILITY USER shall have protocols and place and take all precautions necessary to ensure FACILITY USER and its employees, volunteers, participants, partners, officers, members, agents, contractors, customers, guests, staff, invitees, and spectators do not enter District facilities, grounds, or property when they are sick, and do not return until they have met applicable criteria to discontinue home isolation. FACILITY USER understands and agrees that
● Business Services
● 1331 E. Calaveras Blvd., Milpitas, CA 95035
● (408) 635-2600
FACILITY USER will promptly notify District upon learning or discovering someone is or becomes sick.
i. A deep disinfection will be performed, which may require disinfecting the entire site. Facility User will incur an additional charge for the deep cleaning (including, without limitation, cost of labor and supplies)
5) 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.
6) 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.
7) 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 and/or pursuant to orders or directives of the County of Santa Clara or other governmental agency. 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.
8) The District makes no representation regarding the condition of the facility in use. FACILITY USER acknowledges, understands, and agrees that the District’s school facilities, grounds or equipment are being provided to FACILITY USER on an “as-is”, “where-is” and “with any and all faults” basis, without representation or warranty, whether express or implied, of any kind whatsoever, including, without limitation, any representation or warranty of fitness or suitability for FACILITY USER’s particular use or purposes.
9) Assumption of Risk. FACILITY USER recognizes that there is presently a significant element of risk of Coronavirus transmission inherent in visiting public spaces, such as District’s facilities and grounds, and/or engaging in activities, gatherings, or events with or within proximity of others, including, without limitation, accident, personal or bodily injury, illness, viral or bacterial exposure or infection, and/or death, and that engaging in such activities may be dangerous. Facility User agrees that District cannot ensure the safety of FACILITY USER or FACILITY USER’s employees, volunteers, participants, officers, members, customers, guests, District facility invitees, and spectators from risks of the Coronavirus or other related or similar pandemics. 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 as the FACILITY USER and each of their employees, District facility invitees, participants, volunteers, students, members, spectators, and all other related persons, agents, and entities.)
10) Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the Milpitas 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.
11) INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF MYSELF AND MY ORGANIZATION, FACILITY USER AGREES TO IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD THE DISTRICT (AS DEFINED ABOVE IN SECTION 8) 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.