MODESTO CITY SCHOOLS
Use of School Facilities
The Governing Board shall make school facilities and grounds under its jurisdiction available as a civic center to citizens and community groups for the following purposes, subject to district regulations:
A. Public, literary, scientific, recreational, educational, or public agency meetings.
B. The discussion of matters of general or public interest.
C. The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization which has no suitable meeting place for the conduct of services. As required by law, religious groups shall be charged a direct-costs fee at least.
D. Child care programs to provide supervision and activities for children of preschool and elementary school age.
E. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies.
F. Supervised recreational activities.
G. Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare.
H. The Board shall grant the use of school buildings, grounds, and equipment of public agencies, including the American Red Cross, and shall cooperate in furnishing and maintaining such services as it deems necessary to meet community needs. (Education Code 40041.5)
I. Other purposes deemed appropriate by the governing board.
The Board shall not grant the use of school facilities for any of the following activities:
A. Any use by commercial or profit-making organizations.
B. Any use by an individual or group for the commission of any act intended to further any program or movement dedicated to overthrowing the United States or State of California governments by force, violence, or other unlawful means.
C. Any use of school facilities or grounds which is inconsistent with their use for school purposes or which interferes with the regular conduct of school or school work.
D. Any use which is discriminatory in the legal sense.
E. Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances on school property.
Fees for Use of School Facilities
Fees for the use of school facilities and grounds shall be charged in accordance with the following classifications:
A. Clubs or associations organized to promote youth and school activities if facilities are used when custodial services are normally available. (Examples: Girl Scouts, Boy Scouts, PTA, Parents’ Clubs, Booster Clubs, Site Councils, etc.) If such clubs/organizations need use of school facilities when custodian services are not normally available or if they charge fees or solicit contributions, they shall be subject to the District’s Special Fee Schedule.
B. Public agencies, senior citizens groups, and non-profit organizations not charging admission fees or soliciting contributions shall be subject to the District’s Special Fee Schedule.
A. Church or religious organizations (required by Education Code 40043 (c).
B. Non-profit organizations charging admission fees, soliciting contributions or charging a participation fee when the net receipts are expended for the welfare of the pupils of the District or for charitable purposes.
Fair Rental Value
A. Non-profit organizations charging admission fees, soliciting contributions or charging a participation fee where the net receipts are not expended for the welfare of the pupils of the District or for charitable purposes.
Damage to School Property
A. Groups or persons using school facilities under the provisions of the policy shall be liable for any damage to property caused by the activity.
B. The Board shall charge the amount necessary to repair any damages.
C. Further use of school facilities may be denied the responsible party.
Application and Use of Facilities
A. The Superintendent or designee shall maintain application procedures and regulations for the use of school facilities. Regulations shall include, but not be limited to:
B. Preserving order in school buildings and on school grounds, and protecting school facilities.
C. Ensuring that the use of facilities or grounds under this policy is not inconsistent with the use of school facilities or grounds for school purposes and does not interfere with the regular conduct of school work.
MODESTO CITY SCHOOLS
Use of School Facilities
A. Application to use school facilities shall be made through Facilitron.com.
B. Applications shall be filed at least 30 days in advance of use date and signed by a responsible adult who is authorized to represent the applicant.
C. The use of school premises shall not be granted when there is a possibility of damage to school property.
D. In the event that a loss or damage does occur, the person or group signing the request for use of premises shall be fully responsible and liable and shall assume liability before being granted the use of school facilities in the future.
E. Non-profit groups must be registered with the California Secretary of State as a non-profit organization. They must also provide a copy of the state tax exemption letter and number.
F. A non-profit group must be a community-based group within the boundaries of the Modesto High School District.
G. A Certificate of Insurance showing coverage in the amounts of $100,000/$300,000 public liability and $50,000 property damage must be provided five (5) days prior to the scheduled date of use. If not, the application will be cancelled.
H. The application must list equipment, furniture arrangement or District personnel that will be needed.
I. The requesting organization has the responsibility of making all facts known to the District to settle any questions regarding qualification for use and program content. This must be completed prior to a permit being issued.
J. The Superintendent/designee may request advance payment of the estimated rental fee at the time the building assignment is issued.
K. If cancelled, the payment will be refunded less any expenses incurred by the District.
A. A minimum of seven (7) working days advance notice of cancellation is required from the reserving organization.
B. If the notice is not received in advance, the organization will be responsible for reimbursement of any expenses incurred by the District.
C. A cancellation fee of $50.00 will be charged if notification is not received prior to seven (7) days in advance of the scheduled activity.
D. NOTE: “Working day” is defined as a day when the District Office is open for business.
E. Failure to notify in advance of cancellation and/or pay cancellation fee may make the organization subject to deposit requirements for subsequent building facility assignments.
F. The District will make every effort to avoid cancellation of any community event due to date conflicts.
G. Schools may, in special circumstances, request the Superintendent/designee to cancel a community event in favor of a school-sponsored event. Such requests shall be in writing and set forth the circumstances that make the request necessary.
H. Advertising and ticket sales by a community organization may prohibit cancellation.
I. The District reserves the right to cancel any permit if use would cause damage to facility or present a safety concern.
A. Facilities will not be available for dances unless organized, sponsored and conducted by District student body organizations, classes or campus clubs.
B. School facilities will not be available for outside use during scheduled class hours or at other times where school functions have been scheduled.
C. The District shall not assume responsibility for incoming or outgoing mail of non-school sponsored organizations.
D. Non-school organizations shall not use school telephones without prior approval.
E. The use of tobacco products is prohibited at all times in all District buildings and on all District grounds, including indoor and outdoor athletic facilities.
F. Open flame devices are not permitted without prior written approval from the Modesto City Fire Chief.
G. The non-profit organization sponsoring the event must have written approval from the Fire Chief on file in the Facilities Use Office prior to use of facilities.
H. Organizations using facilities must conform to all city and county ordinances and fire regulations.
I. To possess, use, or be under the influence of any controlled substance as defined in Section 11053 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind is prohibited on school district property.
J. No food or drink shall be consumed in any auditorium, gymnasium, or classroom without prior written approval.
K. Animals, motorized vehicles or cycles, skateboards, rollerblades, go-karts, rockets, powered airplane models, and golf practice are prohibited on school grounds unless prior written authorization has been obtained.
L. Authorization will not be granted for use of school facilities under any circumstances if it is determined that such use presents a danger to persons or property.
M. Violation of District rules by any organization during occupancy shall be sufficient cause for denying further use of school premises to the organization.
N. A school custodian or other District employee approved by the Director of Planning & Facilities or his/her designee shall be on duty when school facilities are being used. It shall be his/her duty to see that rules and regulations are observed.
O. Concessions are the exclusive right of the Modesto City School District unless special permission has been granted to the requesting party.
P. The use of District-owned equipment is not permitted (i.e. video camera recorders, televisions, monitors, computers, projectors, musical instruments).
Q. Piano, music stands, and Public Address System may be provided if available.
R. Fireworks are not permitted to be sold on District property.
S. Non-school-sponsored garage or rummage sales are not permitted on District property.
A. Playground use shall be permitted to other groups when not previously committed or limited by agreements between the Modesto City Schools and the City of Modesto.
Baseball, Football, Soccer Fields
A. Facility use permits are required if an organization wants to reserve a particular field at a designated time.
A. A school kitchen may only be used when a member of the District Nutrition Services staff is on duty.
B. Non-school organizations shall not be permitted to use a kitchen for other than charitable or fund-raising purposes.
C. Charges for Nutrition Services staff will be billed to the user.
A. Organizations are prohibited from removing or using stage scenery, properties, lights, curtains, ceiling pieces and/or the counterweight system, unless the Auditorium Manager or his/her designee grants permission and supervises the activity.
B. In cases where the stage is used, no dressing shall be permitted except in dressing rooms connected with the auditorium and stage.
C. Access to other buildings or rooms shall not be permitted unless specifically designated on the building facility assignment form.
A. All rental charges shall be in conformance with the fee schedule and applied according to Board Policy 1330.
B. These fees and charges are subject to review and may be changed as a result of increases in salaries, energy or other direct costs.
C. Organizations that fail to clear debts on prior facilities use fees within 90 days shall be required to pay deposit prior to future use.
D. NOTE: The fees do not include the cost for a custodian to open, set-up, clean, close, etc. Custodial charges will be billed to the user at 1-1/2 times the custodial rate for actual time if during the regular workweek. Custodial charges will be billed to the user at 1-1/2 times the custodial rate for actual time or a 2-hour minimum, whichever is greater, if the activity is on a non-school day.
E. At Modesto, Downey, and Johansen high schools, the High School Auditorium Manager/designee will assume the responsibility of opening and closing the auditoriums.
F. Kitchen equipment will be used only under the supervision of cafeteria personnel at a fee based on the current salary schedule. There will be a two-hour minimum with time and a half charged after an eight-hour day. Applicant should contact the school cafeteria manager to make arrangements. All fees include use of restroom facilities.
G. The applicant will be responsible for any extraordinary cleanup caused by the organization’s activity (i.e. furniture not replaced in its original configuration; debris and material strewn about; and shower and locker rooms left in an untidy condition).
H. Organizations will be billed for actual cleanup time.
In addition to the Application and Agreement for the Use of Pomona USD Facilities, the Applicant/ Representative enters this Coronavirus Addendum and further Hold Harmless 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 follow all local, state, and federal guidelines regarding human protection from the Coronavirus (the “Guidelines”) without exception. The Guidelines to strictly follow are located at various publicly accessible websites, 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 to 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). FACILITY USER understands that District may elect to further clean and/or sanitize the used premises and charge back costs to FACILITY USER.
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 as the 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 Pomona Unified School District, its affiliated campuses, its governing board, 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. I represent that I am duly authorized to execute this Agreement on behalf of FACILITY USER.
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, agree to all terms herein, and fully understand my responsibility to adhere to all Coronavirus guidelines and instruction during the use of the District facility.