Facility/Grounds Usage Handbook - … hours unless directed by the principal of the school. If this...

Birmingham City Schools

Facility/Grounds Usage Handbook Dr. Craig Witherspoon, Superintendent

Ms. Samuetta H. Drew, Chief Operations Officer

Operations Division June 2011

Birmingham City Schools Facilities/Grounds Use Procedural Guidelines

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Table of Contents

Facility Use Policy ....................................................................................................................................... 2

Procedural Guidelines for Facility/Grounds Use .................................................................................... 3

Birmingham City Schools Facilities Usage Fee Schedule ................................................................ 8

Fee and Insurance Waivers ........................................................................................................... 10

Terms and Conditions for Facility Use .......................................................................................... 10

Facility Use Agreement ................................................................................................................. 12

Terms and Regulations ........................................................................................................................ 12

After Hour Use/Access Facility Request Form .............................................................................. 15

Indemnification and Hold Harmless Agreement .......................................................................... 16


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School Facilities 6020

FACILITY USE

Community organizations are encouraged to make use of school property in

accordance with the goals and intent of the Board. The K-12 school program will

have first claim on public school facilities at all times. Use of buildings and

grounds by others must be approved in writing by the Superintendent or his

designee. Use of school property will be in accordance with regulations

established by the Superintendent.

BIRMINGHAM CITY SCHOOLS APPROVED: August 6, 1974

REVISED: April 21, 1981


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PROCEDURAL GUIDELINES FOR THE AFTER HOURS USE OF DISTRICT FACILITIES AND/OR GROUNDS

In an effort to be a good community partner, the school board recognizes that use of the

district’s facilities and/or grounds by outside organizations or school based organizations can

benefit the general public as well as the school district.

I. Definitions:

a. Non-profit organizations – the civic, religious, government, or community

organizations that qualify as 501-C-3 non-profit, as defined by the Internal Revenue

Service.

b. Outside organizations – the organizations not related by the existence of the school,

including for-profit users, community groups, governments, and non-profit users.

c. School based organizations – the volunteer organizations directly related to the

existence of the school, including booster clubs, parent-teacher organizations or

associations, etc.

d. Athletic Department – the district’s department which has oversite of Birmingham

City Schools’ athletic school programs.

e. Child Nutrition Program (CNP) –the district’s Child Nutrition Program which oversees

federal, state and local compliance issues focused on food service at the school

level.

II. Permitted Use:

a. Permission to use Birmingham City Schools’ facilities and/or grounds may be granted

to non-profit organizations, to outside organizations and to school based

organizations (see Section I for definitions of these organizations referenced).

b. The facilities and/or grounds are approved to the designated applicant group only

and for the specified duration as indicated on the district’s facilities and/or grounds

usage application forms.

c. The school’s facilities and/or grounds can only be used solely for the purpose

described and requested on the facilities and/or grounds usage application forms.

d. All outside organizations using school facilities shall pay the Board for the designated

amount of funds as determined under the Birmingham City Schools fee structure for

desired school rooms and/or grounds.


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e. All users will be charged for any and all additional services provided or damage

incurred while using the facilities and/or grounds. Additional services may include,

but are not limited to, custodial services, child nutrition services, security services,

etc.

f. A school district employee approved by the principal is required to be on the

premises while the facilities and/or grounds are being used. The applicant must

underwrite the cost of any non-certified personnel at one and one half the daily rate

of pay for the non-certified worker(s). The payment must be in the form of a money

order or cashier’s check made out to Birmingham City Schools.

g. Principals are accountable for the school facility and campus. Regular school

activities do not require a facilities and/or grounds usage form when held during

regular school hours (6:30 a.m. – 5:00 p.m.)

h. A principal may schedule school related activities after school hours, such as PTA

meetings, etc. A facilities usage form is required. The principal or his designee

should be on-site during the activity.

III. Prohibited Use:

a. Organizations and/or groups who advocate causes or beliefs that are unlawful or

clearly hostile to our school district’s core values, goals and/or curriculum will not be

granted facility or grounds usage.

b. School facilities and/or grounds cannot be used for:

Partisan political meetings

Religious meetings, unless prior approval of Superintendent is granted;

Promulgating any theory or doctrine subversive to the laws of the United

States or any political subdivision thereof advocating governmental changes

by violence;

Any activity that may be in violation of the canons of good morals, manners,

or taste or that may be injurious to the buildings, grounds, or equipment;

Any purpose in conflict with school activities;

Fund-raising campaigns except for direct service to the schools or pupils

thereof or for campaigns approved by the Superintendent;

Commercial advertising unless prior approval by the Superintendent;

Any activity deemed inappropriate by the Superintendent;

Gambling is not permitted at any Birmingham City Schools’ facility or on the

grounds of any Birmingham City Schools’ facility;

Smoking and/or the use of alcoholic beverages in or on Birmingham City

Schools’ facilities or grounds is prohibited by law.


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IV. Time of Use

All scheduled activities must end by 10:30 p.m.

V. Availability

School facilities and/or grounds exist to support our primary function – public education and their use for other purposes must not detract, either in time or depreciation from the primary function.

VI. Behavioral Guidelines on School District Property :

Any organization or group using Birmingham City Schools’ facilities and/or grounds must

comply with the behavioral guidelines outlined below without exception. All activities

must have competent, adult supervision and maintain orderly behavior with the

organization using the facilities assuming responsibility for overseeing and controlling

participants, sponsors, spectators and visitors that are in or on district property as a

result of or in connection with the organization’s use of the property. Therefore, the

guidelines must be enforced by the organization at all times, otherwise the user will

breach the user agreement:

a. Any and all tobacco, alcohol and illicit drugs or paraphernalia are prohibited on all

school district property

b. No custodian is permitted to open the school facility or entrance to the grounds

after hours unless directed by the principal of the school. If this act makes the

employee work hours exceed forty (40) hours for his/her work week, time and one-

half must be paid at their daily rate of pay. All overtime requests require prior

approval by the Superintendent.

c. All vehicles (cars, buses, trucks, vans, etc.) must park in clearly marked parking

spaces. Parking is NOT permitted on playing fields or lawns.

d. All trash and debris must be picked up and disposed of properly during and/or

immediately after the event.

e. The organization’s representative identified as the key contact or designee will need

to canvass the property with the designated Board employee to make sure it is

secured and left in the same condition it was found.

f. The principal shall ensure compliance with district procedures developed for

facilities and/or grounds usage when outside activities are scheduled to use the

school facilities and/or grounds.

g. Community usage shall not interfere with regular school programs, school activities

or school functions.


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h. All users must comply with district policies and the Code of Student Conduct for all

users 18 years and younger.

i. Use of a school’s kitchen equipment for food preparation requires the user to fund

the service of a district approved child nutrition program employee at one and one

half time their daily rate of pay. The fee should be paid to the district’s Finance

Department. The fee must be in the form of a money order or cashier’s check made

out to Birmingham City Schools.

j. All outside organizations using district facilities and/or grounds must execute an

Indemnification and Hold-Harmless Agreement which shall hold the school

district/Birmingham Board of Education harmless from any claims, injuries or

damages occurring while the organization is on the premises and the applicant shall

complete a lease agreeing to the conditions and terms set forth therein.

k. All facility use agreements by outside organizations for an extended period of time

ranging from one month to a year require superintendent approval. All active use

agreements will remain in effect until the expiration date or a breach of contract by

the user.

l. All policies and fire department ordinances as well as federal, state and local laws

regarding public assemblies must be complied with by the users.

m. No food, soft drinks, ice cream, etc. are permitted in the school’s theater and

auditorium.

n. When a specific area (or areas) is reserved for a group or organization, no other area

is permitted for usage except for the lavatories.

o. District furnishings or equipment may not be moved by groups or organizations

using district facilities and/or grounds. Facilities and/or grounds must be left in the

order in which they were found.

VII. Presence of Board of Education Representative :

a. For after hour school meetings, the principal or an appointed designee and a

member of the regular custodial staff shall be present in the building is being used.

b. For non-school meetings, a Birmingham City Schools regular custodial staff

employee(s) must be present and in the building during the entire time of any

meeting or event held at a school or on school grounds. It is a part of the custodial

employee(s)’ duties to inspect the building and/or grounds carefully before locking

up and securing the area after all meetings or events. No one except qualified

personnel from the district’s facilities and maintenance department, and individuals

appointed by the school’s principal shall be allowed to operate lights, public

announcement (p.a.) systems, make changes to electrical equipment or adjust

district equipment in any way.


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c. For any non-school meeting or event, all non-exempt district employees (child

nutrition workers, custodians, etc.) must be paid time and one half for work

performed. Please refer to the fee schedule for more details.


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Birmingham City Schools Facilities Usage Fee Schedule

1. All rental fees must be paid by money order or certified check to the Birmingham Board

of Education at least one week (7) days in advance of the date of use of the district’s

facilities and/or grounds. The money order or certified bank check should be hand-

delivered or sent by registered mail (must be received prior to date of event) to

Birmingham Board of Education, Department of Finance, Room 204, 2015 Park Place

North, Birmingham, Alabama 35203.

2. Approved equipment usage or personnel is not included in the rental fee.

3. School based organizations (refer to Section I) may have two (2) paid events per year as

school fundraising projects without a rental charge for the building and/or grounds. A

Facilities Usage Form must be completed. A custodian must be paid at one and one-half

time their daily rate of pay to be present at the event.

4. Alabama sales tax, when required, will be collected.

SQUARE FOOTAGE FACILITY FEE CHARGE

Up to 1000 sq. ft. $12.00 per hour

(includes art and music rooms)

1001-2000 sq. ft. $20.00 per hour

Media Center $20.00 per hour

Elementary Schools – cafeteria, auditorium, gymnasium

$25.00 per hour for first 2 hours

$15.00 per hour thereafter

$125.00 per 8 consecutive hours

Thereafter $10.00 per hour

Middle Schools – cafeteria, gymnasium, auditorium $30.00 per hour for first 2 hours




High Schools – cafeteria $50.00 per hour for first 2 hours




High Schools – gymnasium $60.00 per hour for first 2 hours




High Schools – auditorium, theater $100.00 per hour for first 2 hours

(includes lobby area, and stage) $50.00 per hour thereafter


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High Schools – game field and track $30.00 per hour

High Schools – tours Custodial staff is required for tour groups at a 1 to 25 ratio. Groups of 25 or less: one school custodian @ 1 ½ their daily rate of pay Groups between 25-50; two custodians, etc.

Middle and High Schools – practice field $20.00 per hour

Other outside areas – i.e. courtyard, parking lot; $5.00 per hour

Special lighting – i.e. stage, stadium, track, field and equipment

$5.00 per hour

NOTE:

“Consecutive hours” means hours that follow consecutively on the same day. Fee for

areas with no available air conditioning shall be discounted by 10%. Restrooms are

included with facility usage.

*All non-certified (classified) employees working beyond their regular forty hours work

week must be paid at the rate of one and one-half times their daily rate of pay. The

school or the finance office is able to calculate the exact amount needed for

compensation. All payments must be made in the form of a money order or certified

bank check. It should be made out to Birmingham City Schools. No cash transactions

are permitted.


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Fee and Insurance Waivers

i. With the approval of the Superintendent, the principal may authorize the use of

the facility for a reduced fee or no charge for any non-profit organization or

school based organization where the use of the facility is solely for the benefit of

the student population in that the use will raise funds for student activities or

will provide students with the opportunity to engage in activities that are

consistent with the district’s goals, values and curriculum.

ii. School based organizations may be permitted to use school facilities without

providing liability insurance. This exemption applies only to activities on campus

and does not extend to off-campus activities or to transportation. This

exemption applies only to activities whose proceeds directly benefit a school or

the district, and cannot be assigned through a partnership or other agreement.

iii. Any existing agreements between the board, a booster or volunteer group, or

governmental agency shall govern facility usage as stated in the agreement and

can only be terminated as provided within the agreement.

Terms and Conditions for Facility Use

i. All outside organizations using school district facilities shall execute an

Indemnification and Hold-Harmless agreement which shall hold the school

district/board of education harmless from any claims, injuries or damage

occurring while the organization is on the premises and shall complete a lease

agreeing to the conditions and terms set forth therein. Requests for use shall be

presented to the principal to recommend approval or denial. The principal shall

ensure compliance with procedures developed by the district. Community usage

shall not interfere with regular school programs, school activities or school

functions. In addition, the principal shall have the authority to deny use of a

facility when he or she determines that the school district’s interest in

maintaining a safe and secure environment for the students is best served by

denying the request.

ii. The use of the school’s kitchen equipment for the preparation of food shall

require the operation by a child nutrition service employee.

iii. The board reserves to itself and Superintendent the right to require provision of

and payment for additional security, crowd control, custodial services, or other

additional conditions as needed to ensure that use of school facilities and/or

grounds for other purposes does not detract from their primary use – education.


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iv. All outside organizations using school facilities must make known that neither

the board nor the administration has endorsed the users’ activities. Any

advertisement or circular must contain specific language to that effect. The

suggested disclaimer is: “Birmingham City Schools does not specifically endorse

or support the program or individuals involved in

“__________________________________”.

v. A school district employee approved by the principal is required to be on the

premises during the period of use. Any additional cost(s) for supervision and/or

security services will be reimbursed by the facility user based on a fee

established by the district.

vi. All facility use agreements one month to one year must be approved by the

superintendent. All active use agreements will remain in effect until the

expiration date or a breach of contract by the lessee.

vii. Groups who advocate causes or beliefs that are unlawful or clearly hostile to the

district’s goals, values and curriculum shall not be granted usage.

Insurance, Indemnification and Liability

viii. Prior to use of district facilities, the identified user must provide a current

certificate of liability (copy if insurance) which clearly states the organization’s

liability coverage, naming the school board as an additional named insured.

ix. Limits of at least $1,000,000.00, for injury to any one person and $2,000,000.00,

or those limits established in Alabama statues, whichever is greater, for any one

occurrence must be carried by the user.

x. The principal must submit a copy of the use application and insurance certificate

to all appropriate parties prior to the use of the facility.

xi. Activities with a high potential for accidents or liability will not be permitted.

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Facility Use Agreement

Terms and Regulations

The District will rent certain of its facilities only to organizations that demonstrate non-profit status with

their 501(c) (3) determination letter. The terms, regulations and fees apply equally to all organizations,

groups, leagues, business, entities, etc. seeking to utilize the District property. Organizations that 1)

demonstrate a non-profit status (501(c)(3) and 2) are established for the purpose of benefitting the

school district and the community may be charged a fee to recover the cost of operating the facility.

Reduced rates do not apply to all non-profit organizations.

The organization must be located within the boundaries of the greater Birmingham area. If the

organization is headquartered elsewhere, at least 50% of the members must be greater Birmingham

students. A roster may be required with the names and addresses of the members. The contact person

making application on behalf of the organization must reside within the District.

The District may approve rental of school facilities to a local greater Birmingham area for profit business

or outside organization when the use itself is not to generate profit for that business or organization.

Full rental rates will apply. The use of the facilities will be for entertainment, recreation, self-

improvement or community improvement (dance or musical recital, lectures, style shows, etc.) when

such rental does not interfere or conflict with any school activity. No admission may be charged and no

product(s) shall be sold or advertised on school property.

District facilities may be rented by religious groups for church services provided the church has been in

operation within the district for at least six (6) months prior to the request to use district facilities. A

Letter of Incorporation from the State of Alabama may be requested to validate the group as an

organized religious group.

An application for a permit to use public school facilities for non-school sponsored activities should be

submitted to the principal for approval along with their 503(c) letter, certificate of insurance and all fees

two weeks prior to the date for which the request is made. The request must be prepared on the

standard facilities and/or grounds use form provided by district. An approved permit authorizing the

use of school facilities will be given to the organization after all requirements are met and all fees are

paid in full. The permit approval should be presented to the building representative on duty in order to

gain entrance to the space requested.

The District reserves the right to refuse a usage permit if deemed in the best interest of the District. The

permit holder shall assume full responsibility for any unlawful act committed in the exercise of the

permit. The District reserves the right to immediately cancel an agreement, without refunding any

monies, if during the use period the actions and/or conduct of the user violates local, state or federal

laws, or any portion of this agreement. All permits shall be revocable and shall not be considered as a

lease. The Superintendent or designee may reject any application or cancel any permit.

Date _________________________ Permit _________________

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The organization making use of any District facility shall secure and maintain, at its expense, during the

term of the agreement, general liability insurance with a company licensed by the State of Alabama. An

Accord Certificate of Insurance shall be furnished with each rental and shall be presented to the District

with a signed permit and payment. The certificate shall show on its face the following:

1. The District as Certificate Holder and as an Additional Insured

2. Property damage in the amount of $1,000,000 per occurrence

3. Personal injury liability (to include participants in the activity) in the amount of $1,000,000

per occurrence

The permit holder accepts full responsibility for and agrees to indemnify the District for any and all

damage caused to District owned property, and/or property located in or on District property that is the

result of or is deemed by the District to be in connection with the organization’s use of the District’s

property. When using District’s gymnasiums for any events other than sporting events, it is the

responsibility of the permit holder to protect the gym floors from damage.

The permit holder upon application agrees to indemnify and hold harmless the District for any claim for

loss of life, bodily injury, or damage to property suffered by a participant, sponsor, spectator, visitor and

any other person that is the result of or is in connection with the organization’s use of the District

property.

All activities must have competent, adult supervision and maintain orderly behavior, with the

organization using the facilities assuming full responsibility for overseeing and controlling participants,

sponsors, spectators and visitors that are in or on District property as a result of or in connection with

the organization’s use of the property. The following must also be enforced by the organization at all

times:

1. Smoking and the use of tobacco products is prohibited anywhere on District property.

2. Possession and/or use of alcoholic beverages is prohibited anywhere on District property.

3. Firearms, knives and weapons of any sort are not permitted on District property.

4. Food and drinks may only be consumed in designated areas.

The building representative on duty will supervise the operation of the facilities, but is not required to

supervise the group or its activities.

All police and fire department ordinances, as well as local and state laws regarding public assemblies

must be complied with.

The permit is issued for the dates and hours specified and include the area specified plus the nearest

drinking fountain and restroom facilities. Participants, sponsors, spectators and visitors may not walk

through or use any other part of a building or its grounds other than that specified in the permit.

Date _________________________ Permit _________________

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The permit does not include the use of equipment owned by the School District, such as: spotlights,

flood lights, projectors, organs, pianos, microphones, PE equipment, etc., unless specific arrangements

have been made in advance and is so stated on the written permit.

Use of District auditoriums will require the following:

1. Meeting/walk-through with Birmingham City Schools’ personnel at the site requested (plus Fine

Arts Department Head when applicable) 30 days in advance of the requested date to determine

the following: A). The number of technicians required to work the event (light, sound and

stagehand). B.) If user will need to use the orchestra pit (where available). C.) Whether the

existing lighting and sound system must be altered. D.) The number of rooms needed. E.) Any

other specific needs.

2. A technical supervisor is required when light, sound or stagehand technician(s) are needed for

an event. Separate fees apply for each technician. The District will determine the need for

technicians.

3. Only Birmingham City Schools’ technicians are approved to operate the equipment.

The fee does not include clean up. It is the responsibility of the organization renting the facility to leave

the premises as it was found, including bagging and removing all trash from the facilities/property. If

cleanup is required by District personnel, additional fines will be assessed.

Use of kitchen facilities must be approved by the principal and the child nutrition director department.

A Birmingham City Schools’ child nutrition employee is required when the kitchen facility is requested.

The District does not provide storage space, therefore, all equipment provided by the holder of the

permit must be removed from the district facility promptly so as not interfere with the normal district

activities.

If concessions are desired, school principals reserve the right to allow approved booster clubs and school

sponsored organizations to exclusively operate the individual campus concessions areas.

Case in which the use of public school facilities will not be allowed:

1. For the purpose of advancing any doctrine or theory subversive to the constitution or laws of

the United States or the State of Alabama.

2. For the purpose of advocating social or political change by violence.

3. For the purpose of commercial gain.

4. For private parties.

My initials signify that I have read and understand the terms and conditions listed in this agreement

Initial Here ____________________.

Date _________________________ Permit _________________

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Indemnification and Hold Harmless Agreement

____________________________________________________________________

Name of Organization

The above named user of the Birmingham Board of Education property for itself, it employees,

agents or servants hereby agrees to indemnify and hold harmless the School Board of

Birmingham City, Alabama, for any loss which it may suffer as a result of any claim, action or

lawsuit which may be brought against it by any person or persons claiming injury to person or

property including intellectual property, as a result of any negligent act or conduct or violation

of law, including copyright law, on the part of the user, its agents, servants and employees.

It is hereby understood that the obligation of indemnification will be enforceable by the School

Board of Birmingham City, Alabama, notwithstanding the fact that any claim or damage to

person or property must be resolved by mutual agreement of the Birmingham Board of

Education and the person or persons claiming injury to person or property.

Indemnification will include, in addition to any sums paid to the claimant, any attorney fees,

litigation costs, or other charges sustained by the Birmingham Board of Education as a direct

result of the negligent and intentional conduct of the user, its agents or employees.

BY: _________________________________________ ______________________________ Signature of Person Representing Organization Date

____________________________________________ Title

Date _________________________ Permit _________________

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Birmingham City Schools

Purchasing Department

Insurance Requirements – General

Purpose

Birmingham City Schools is exposed to a financial risk from negligent/wrongful acts when using

contractors, service providers, consultants and vendors to provide goods or services. An

exposure also exists when outside organizations and individuals use or conduct operations at

facilities owned by or under the control of Birmingham City Schools. To reduce this financial

exposure, Birmingham City Schools require vendors doing business with Birmingham City

Schools, as well as outside organizations and individuals using Birmingham City School’s

facilities, to maintain insurance as necessary to reasonably protect the financial interest of

Birmingham City Schools.

All vendors conducting business with Birmingham City Schools or outside parties using or

conducting operations at the facilities owned or operated by Birmingham City Schools must

provide evidence of comprehensive general liability, automobile liability, and workers’

compensation insurance. The insurance coverage must meet minimum standards as outlined

herein and the insurance company must have financial strength rating that confirms the ability to

respond to a significant claim.

There may be certain situations where an exposure is deemed either insignificant or more

significant and Birmingham City Schools will review the situations, as needed, and make

adjustments to the basic insurance requirements to fit a particular situation. Examples of this

exception may include, but not limited to large and complex construction projects, public

transportation operations, products that are generally known to be hazardous and goods/services

where the exposure to a financial loss is negligible. Birmingham City Schools reserves the right

to consider each situation and to consider exceptions or to require additional coverage or the

limits of liability as necessary.

All insurance policies shall be issued by companies authorized to do business in the State of

Alabama and have an A.M. Best Rating of “A” or better and shall name and endorse the

following as additional insured, Birmingham Board of Education, Birmingham City Schools,

Superintendent and their officers, employees and agents.

Facility/Grounds Usage Handbook - … hours unless directed by the principal of the school. If this...

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