Oakley Union Elementary School District
Terms of Use

Oakley Union Elementary School District

Application and Permit for Use of School Property

 

USER GUIDELINES

 

Please note that school functions have first rights to all properties and that you may be asked to reschedule your event. If applicable, your group will receive a bill for custodial overtime approximately one month after the event.

 

APPLICATION AND PERMIT FOR USE OF SCHOOL PROPERTY

Applications must be completed and submitted to the school principal for non-school activity 30 days prior to the date of the event. The facility use fee (and any appropriate custodial or kitchen fees) MUST accompany the application (see the Facilities Use Fee Schedule for rates). Facilities may be reserved for a maximum of three (3) months at a time.

 

INSURANCE

A Comprehensive and General Liability Certificate of Insurance with the following minimum requirements must be submitted to the Maintenance and Operations Department two (2) weeks prior to the date of the event:

 

1. 

General Liability

$1,000,000 Occurrence; $2,000,000 Aggregate

Auto Liability – Any Auto

$1,000,000 Single Combine Limit (CSL)

Workers Compensation

Statutory Limits pursuant to State Law

Employers Liability

$1,000,000

Property Damage

$1,000,000

2. The Oakley Union Elementary School District must be named as additional insured

 

FEES

Facility use fee MUST accompany the application (see the Facilities Use Fee Schedule for rates). Fees for custodial services and/or kitchen use must also accompany the application. Any additional hours beyond the scheduled event times will be invoiced following the event.

 

CANCELLATION

If an approved event is canceled, the Maintenance and Operations Department must be notified prior to 48 hours before the event. Failure to advise the Maintenance and Operations Department will result in two (2) hours of custodial overtime fees of $35 per hour and the minimum 2-hour rental fee. If a change in time, date, room or equipment arises, please notify the Maintenance and Operations Department as soon as possible prior to the event.

 

REQUEST FOR USE OF SCHOOL KITCHEN

If kitchen facilities are to be used, a Request for Use of Kitchen Facilities form must be completed and submitted along with the facility use application. Please note that a food service worker will be assigned to work the event and your group must submit payment for this expense in addition to the rental fee and any custodial fees.

 

THE MAINTENANCE and OPERATIONS DEPARTMENT

If your group or organization requires exclusive use of a custodian during the event, it must be noted on the Application and Permit for Use of School Property. The custodian's primary duty is to the user group. When a custodian has been assigned to a specific user activity and the user has not arrived one (1) hour after the scheduled arrival time, the custodian may secure the site and leave the premises. Overtime compensation will be paid at two (2) hours regardless and the user will be charged accordingly. Custodians assigned extra work for community service events are guaranteed a minimum of two (2) hours for each assignment. A custodian receives one 15-minute rest break in each 4-hour period and one 30-minute meal break in an 8 hour shift.

 

GENERAL RESTRICTIONS

• The sale and/or serving of alcoholic beverages on school property are prohibited

• The use of school district facilities for private use by individuals is prohibited

• The use of ALL tobacco products in or on school district property is prohibited

 

If you have any questions, please call the Maintenance and Operations Department at (925) 625-7065

 

All rules and regulations of the Board of Trustees and provisions of the Education Code of the State of California (Civic Center Act) are to be observed strictly by those using School District facilities and grounds. A Cancellation of Application and Permit for Use of School Property form must be submitted to the Maintenance and Operations Department 48 hours prior to the date of intended use in order to avoid financial obligation for any charges involved.

 

Use and occupancy of School District property shall be primarily for public school purposes. Any authorized use or occupancy of the property for other than public school purposes shall be secondary and subordinate to this primary purpose. The school principal has full responsibility for supervision and management of all property of that school at all times. He/she is authorized to assign use and occupancy of the property during school hours for meeting of other groups provided that such meetings are not inconsistent with and do not interfere with the use of the property for school purposes.

 

The Maintenance and Operations Department of the School District shall approve all applications for the use and occupancy of School District property by authorized individuals or groups during non-school hours.

 

School premises shall not be available to non-school organizations during times that have been scheduled in advance by the various school principals for school exercises or functions or in connection with regular schoolwork.

 

Charges for use of School District facilities shall be determined from the Facilities Use Fee Schedule. Custodial fees and kitchen use fees are in addition to the facility use fees.

 

Nothing shall be offered for sale at meetings without special permission from the School District. No person or organization other than approved user shall distribute any literature or any other item or articles at a meeting held in or on School District facilities.

 

Use of tobacco products, intoxicants or narcotics is strictly prohibited in or about School District buildings and premises, nor shall profane language, quarreling, fighting, or gambling be permitted. Violation of these rules by an organization during occupancy shall be sufficient cause to deny further use of School District premises to the organization.

 

School District furniture or equipment may not be removed or displaced by any user without permission from and under the supervision of the School District employee in charge.

 

Any individual, group, or organization using School District property for Civic Center or other purposes shall defend and hold the Oakley Union Elementary School District, its governing board, the individual members thereof, and all district officers, agents and employees, free and harmless from any liability, lawsuit, cost, expense, or claim of any type whatsoever (including those for attorney fees) for any harm or injury arising out of the permitee use of occupancy of the School District facilities or grounds. School District property shall be protected from any damage or mistreatment and permittee shall be responsible for the condition in which they leave the School District buildings, fields and grounds. In cases in which School District property is damaged, the cost thereof shall be paid in full by the permittee.

 

Upon receipt of notice that a permit has been issued to a non-school agency for use, the Maintenance and Operations Department shall designate a regular employee to open the building, be in charge during the use, and to clean up and close the building after the use. The School District employee in charge of the building or grounds, within or upon which any event may be held, is empowered to take all necessary means to enforce these rules.

 

Any permit may be revoked without previous notice if conflicting dates have resulted or where need of the property for public school purposes has subsequently developed. For other cause, permits may be revoked at any time upon reasonable notice.

 

Persons or organizations using School District premises including stage or stage equipment shall not be permitted to remove or displace furniture or equipment nor change or manipulate controls except as requested and approved at the time of application.

 

A School District employee assigned to the facilities requested or any other school person, other than the principal of the school, shall not permit any individual or group to use any equipment, room, or other facility on the premises, which was not designated on the application as, approved by the Maintenance and Operations Department. Any departure from the original approved request allowed by the Maintenance and Operations Department must be communicated to the Maintenance and Operations Department as soon as possible prior to the event. Applicant should be aware of the possibility of additional charges resulting from the change in facilities.

 

The school office shall assume no responsibility for mail for a non-school group and shall not permit the use of the school telephone or school mail system by any such group or representative thereof.

 

The School District reserves the right to require police protection at the user's expense for meetings held on school property when it deems such protection desirable. The user group must make such arrangements if requested.

 

Organizations granted the use of School District buildings or grounds may be permitted, at the discretion of the Maintenance and Operations Department, to use School District equipment which needs an operator, such as public address systems, etc., provided the user agrees to pay all costs, including labor, to which the District may be subjected by reason of such use.

 

School District premises shall not be used by any person or group as its political campaign headquarters.

 

In most instances, it is assumed that a School District employee will be on duty during the time of usage. However, it is understood that the School District reserves the right to determine whether or not a School District employee shall be assigned during any or part of the use period.

 

It shall be the responsibility of the School District employee on duty to see that these rules and regulations are enforced and to report any violations or attempted violations to the Maintenance and Operations Department and school principal. Whenever the School District determines that these rules and regulations have been violated, the School District shall revoke the permit in question and shall not issue future permits to the organization. This decision may be appealed to the Board of Trustees.

 

Opening the buildings for use shall be dependent upon the showing of an approved use permit application to the School District employee in charge. OUESD programs and activities shall be free from discrimination, including harassment, with respect to a persons actual or perceived sex, gender, ethnic group identification, race, national origin, religion, color, physical or mental disability, age or sexual orientation. Furthermore, any programs or activities taking place on the properties of the OUESD pursuant this Application and Permit for Use of School Property shall similarly be free from such discrimination.

 

The undersigned

We, agree to and do hereby indemnify and hold harmless the Oakley Union Elementary School District, its Board, officers, agents, employees and volunteers (“District”) from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever (including reasonable attorney fees) which may be incurred by reason of:

A. Bodily injury to or death of persons, or damage to or theft of property sustained by the undersigned, its volunteers and agents or any person, firm or corporation hired or employed by the undersigned in connection with the Activity listed below; except for liability, loss or damage attributed to the sole negligence or willful misconduct of the District, its Board, officers, agents, employees and volunteers.

B. Bodily injury to or death of persons, or damage to property, sustained by any participant in the Activity listed below, any guest or attendee, or any other third party that is caused by any act, neglect, default, omission, or liability of the undersigned, its volunteers and agents, or any person, firm, or corporation hired or employed by the undersigned in connection with the Activity listed below; except for liability, loss or damage attributed to the sole negligence or willful misconduct of the District, its Board, officers, agents, employees or volunteers.

C. Harm (including death and health related injuries) arising from any person claiming to have contracted, or demonstrating contraction of, COVID, or any related sickness or ailment as the result of participating in the Activity listed below and/or entering the property at the permission or request of the undersigned. The undersigned is solely responsible for implementing any cleaning measures required or suggested to ensure the property is safe for use prior to any of undersigned’s volunteers, agents, personnel or invitees enter the property and adequately cleaning the property after any such use/Activity.

D. The undersigned’s responsibility and liability set forth herein shall include, but is not limited to, taking all steps and actions necessary or required to address the COVID pandemic with respect to this agreement, including but not limited to, ensuring any of the undersigned’s volunteers, agents, personnel and invitee(s) comply with all current and future requirements and recommendations issued by any government agency (including the City, County, State, or the Federal Government, including its associated agencies such as the Center for Disease Control) related to the COVID pandemic that are applicable to the property, including adherence to any protective measures established by such government agencies applicable to events at or use of the property. The undersigned shall be solely responsible for determining and implementing the specific actions and requirements applicable to the Activity listed below that is conducted at the property at the time of the Activity, including any limitation on the number of attendees, required protective gear (such as mask and/or gloves) and the specific social distancing requirements applicable at the time.

E. The undersigned acknowledges and understands that the District makes no representation or warranty regarding the condition of the property with respect to COVID at any time during this agreement and shall have no duty or responsibility to ensure the property is sanitized or otherwise made clear of the COVID virus. The undersigned shall be solely responsible for determining whether the Activity/use of the property listed below is permissible based on current and future regulations or requirements established by any governmental agency at the time of such event and shall indemnify, defend, hold harmless the District from any penalty, cost, or action claiming that any District activity at the property violated any applicable governmental regulation or requirement. However, the District, at its sole discretion, can require the undersigned to cancel or reschedule the Activity by the undersigned at the property if the District determines, at its sole discretion, that the Activity would be in violation of any applicable governmental regulation or requirement or create a public safety hazard. However, the District’s right to require cancellation or rescheduling shall in no way limit the undersigned’s liability and indemnification obligations set forth herein.

F. The undersigned at his/her own expense, cost and risk, shall defend any and all actions, suits or other proceedings that may be brought or instituted against the District, its Board, officers, agents, employees or volunteers, on any such claim, demand or liability and shall pay or satisfy any judgment that may be rendered against the District, its Board, officers, agents, employees or volunteers in any action, suit or other proceedings as a result thereof. The undersigned agrees to a Waiver of Subrogation provided in favor of the following Additional Insured (Oakley Union Elementary School District) with respects to General Liability & Workers Compensation. The undersigned shall procure and maintain during the life of this agreement, General Liability Insurance with a $1,000,000 per occurrence and $2,000,000 Aggregate Limit of Liability for Bodily Injury, Property Damage, including Blanket Contractual Liability. Organizations that provide services for children shall provide proof of sexual molestation and abuse coverage with a $1,000,000 per occurrence, $2,000,000 aggregate limit of liability. Sports Associations must show evidence that their General Liability Policy contains Athletic Participant’s Medical Student Accident coverage that will respond to injuries sustained by athletic participants. The certificate of commercial general liability insurance shall name the District as additional insured. The additional covered party/insured endorsement must be in the form of an Endorsement attached to the organization’s Certificate of Insurance and must contain the following text: Oakley Union Elementary School District, 91 Mercedes Lane, Oakley, CA 94561. The insurance coverages noted above shall be considered primary and non-contributory. The undersigned shall pay for any and all damage to the property of the District, or loss or theft of such property, done or caused by any persons associated with the undersigned and resulting from the named activity. The District assumes no responsibility whatsoever for any property placed on the premises. At the District’s sole discretion, limits of liability coverage may be increased and additional insurance may be required depending upon use of property. Facility Users who use the swimming pool must provide a licensed lifeguard who will be required to be on deck at all times while attendees are in the pool area.

I, THE UNDERSIGNED, HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL TERMS AND CONDITIONS OF THIS DOCUMENT, AND ASSERT BY THE SIGNATURE BELOW THAT I HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT IN CONNECTION TO THE ACTIVITY BELOW. 

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:

a. https://covid19.ca.gov/

b. https://www.cdc.gov/coronavirus/2019-ncov/index.html

c. https://www.coronavirus.cchealth.org/

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, 1 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 Oakley Union Elementary 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.