CYPRESS SCHOOL DISTRICT Over 100 Years of Excellence in Elementary Education

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1 Over 100 Years of Excellence in Elementary Education GUIDE 9470 Moody Street Maintenance & Operations (714)

2 TABLE OF CONTENTS Section 1 INTRODUCTION... 1 Civic Center Act Group Classifications Prohibited Use of Facilities Car Wash Fundraising Guidelines Section 2 PERMIT PROCEDURES... 5 Classrooms / Multipurpose Room Fields Section 3 NON-PROFIT ORGANIZATIONS... 6 Non-Profit Documentation Sample Letter of Determination Section 4 INSURANCE... 8 Insurance Requirements Sample Certificate of Insurance & Additional Insured Endorsement Tenant User Liability Insurance Program (TULIP) Section 5 FEES & PAYMENT Fees Payment Cancellations Schedule of Fees Section 6 CONTACT INFORMATION Cypress School District School Site Directory PROHIBITS TOBACCO PRODUCTS ALCOHOLIC BEVERAGES GAMBLING ON ANY SCHOOL PROPERTY

3 SECTION 1 - INTRODUCTION The Board of Trustees of the Cypress School District grants community use of school district facilities after the needs of the school district have been met. California law permits the Governing Board of a school district to grant the use of school buildings or grounds for public, literary, scientific, recreational, or educational meetings, or for the discussion of matters of general public interest. The Board of Trustees of the Cypress School District may also establish such terms and conditions of usage as it deems proper, subject to the limitations, requirements, and restrictions set forth in the Education Code of the State of California (Education Code, sections et seq., CYPSD Board Policy 1330 and 1330 AR). The governing Board recognizes that there are costs involved in non-school related use of facilities. Charges are necessary so that school funds that would otherwise be dedicated to the instructional program are not used to support non-school related activities. CIVIC CENTER ACT EC Section et seq. Every public school facility is considered a civic center where citizens, school-community councils, and clubs as well as senior, recreation, education, political, artistic, and other organizations may meet. The school district may grant the use of school facilities and grounds upon certain terms and conditions deemed proper by the governing board and subject to specified limitations, requirements, and restrictions set forth within the law. PAGE 1

4 GROUP CLASSIFICATIONS The Board s policy on Use of Facilities allows for categories of use by the community as explained in this guide. In broad, general terms, groups are as follows: GROUP A Non-profit Community Groups (Organized to promote youth, school, and community activities) Includes non-profit organizations and clubs or associations organized to promote youth, school, and community activities, including but not limited to: Girl Scouts, Boy Scouts, PTA, Neighborhood Associations, and youth baseball/soccer/football, etc. For a group to qualify under Group A, the program must be open to any child/resident in the community, and they may only charge a minimal/reasonable fee that makes participation accessible to the general population. The District charges no fee if the activity takes place during hours when school staff is regularly available. If school staff is not regularly available (evenings, weekends, or holidays), staff time will be charged at the rates indicated on the Schedule of Fees. GROUP B Direct Cost Groups (All non-profit or for-profit groups not covered in Group A) Includes groups or organizations not covered in Group A where proceeds are devoted to the welfare of pupils or to charity. The direct cost of use, as designated on the Schedule of Fees, will be charged. If school staff is not regularly available, staff time will be charged. Rental fees are charged at an hourly rate and are determined by venue requested regardless of time of use. GROUP C Fair Rental Value Groups (Non-resident and commercial users for non-profit or for-profit) Includes all other uses not covered in Group A or Group B. The fair rental value shall be charged. If school staff is not regularly available, staff time will be charged. Fair rental value fee groups includes organizations which utilize school facilities where admission fees are charged or contributions are solicited and net receipts are not to be expended for the welfare of the students of a particular school or of the district as an entity or for charitable purposes defined by treasury regulations 501(c)3. This category includes all for-profit groups as well as any non-profit groups which are not related to students, school, the district or their net proceeds are not utilized for charitable purposes. Rental fees are charged at an hourly rate determined by the site requested. All personnel fees are determined by the district. PAGE 2

5 PROHIBITED USES OF FACILITIES Any use by any individual, society, group, or organization for the commission of any act intended to further any program or movement, the purpose of which is to accomplish the overthrow of the government of the United States or of the state by force, violence or other unlawful means shall not be permitted or suffered. Any individual, society, group of organization which engages in such conduct is guilty of a misdemeanor (Education Code, section 38135). Other activities which are prohibited include: Any use by an individual or group for the commission of any crime or any act prohibited by law. Any activity that is injurious to the buildings, grounds, or equipment. Any purpose in conflict with school activities. Commercial advertising. Fund-raising campaigns, except as permitted by Board of Trustees policy or special action of the Board. Activities which are discriminatory in the legal sense. In addition, the following prohibitions and restrictions shall apply to all individuals, groups, organizations, and agencies permitted to use school facilities: At no time shall there be more persons admitted to the multi-purpose room, classroom, or other assembly room than the legal seating capacity will accommodate. No device which produces flame, sparks, smoke, or explosions shall be used at any time without prior approval of the Cypress School District and Fire Chief. No smoking is allowed on school property. No use of intoxicants or narcotics. No profane language, quarreling, or gambling is permitted. Access to rooms or facilities other than approved by application shall not be permitted. School premises are not to be used by any person, groups, or organizations as political campaign headquarters for any purpose. No gratuities are to be given to nor will be accepted by custodians, principals, directors, or others in charge of any school facility. Nothing is allowed to be sold, offered, or advertised for sale on school premises without prior approval of the district office issuing the permit (including, but not limited to, items of literature). Keys will not be issued to any group(s) without prior approval of the Superintendent (or designee). No activity will be allowed to extend past 11:00p.m., unless special permission to extend the closing hour has been granted by the Superintendent (or designee). PAGE 3

6 CAR WASH FUNDRAISING GUIDELINES Car Wash Fundraisers are allowed by the Cypress School District as long as the following requirements are met. Use of Facilities form must be completed in order to check on insurance requirements. Adequate Adult District/Parent member supervision is mandatory (one per five students, minimum of two adults). Only adult supervisors and Cypress School District students are allowed at the event (no family members, friends, etc.) District Personnel/Parent Adults are allowed to direct the flow of traffic. No one is to drive the vehicles other than the automobile owner. Emergency brake must always be applied on each vehicle. Do NOT allow students near traffic. No standing on sidewalks and waving or shouting at traffic. Only soft cleaning materials and non-abrasive soap may be used on vehicles. Appropriate clothing must be worn. If swimsuits are worn, clothing must be worn over the swimsuit at all times. Sunscreen must be at event. A First Aid Kit must be at the event. Drinking water must be at event. Towels for students to dry themselves off must be at event. No electrical cords (radios, etc.) are to be near the event. Student may not wear hearing devices in their ears from music items (ipods, phones, etc.) No skateboards, bicycles, roller blades, etc. are to be at the event. No animals may be brought to the event. A COPY OF THESE GUIDELINES MUST BE GIVEN TO ALL PARTICIPATING DISTRICT PERSONNEL AND ADULT SUPERVISORS AT THE EVENT. PAGE 4

7 SECTION 2 PERMIT PROCEDURES All classrooms, multipurpose rooms, and/or fields within the Cypress School District are subject to the following procedures. Applicants must be prepared to present a Use Permit at all times during use of the facility. School Sites (Classrooms, Multipurpose Room, Playground/Field) & District Office All requests for school site use begin at the school site. A signature from the school site administrator tentatively places the date requested on the school s calendar. The event, however, is not permitted until the District has processed the paperwork and has given its final approval. All requests for District Office site use begin at the District, Maintenance & Operations Department. The event, however, is not permitted until the District has processed the paperwork and has given its final approval. For school or district facility use other than fields, a custodian or other designated staff member must be on site during all activities. If staff is not regularly available (evenings, weekends, or holidays), staff time will be charged at the rates indicated on the Schedule of Fees. Staff coverage assignments will be the responsibility of the Maintenance & Operations Department, if required. Please follow the Use of Facilities Check List provided to be sure all required documents are attached to the Application and Permit for Use of District Facilities form. Please Note: Use of school classrooms and multipurpose rooms do not need approval by any city. School Fields for Sports Activities The City of Cypress Parks and Recreation Department is responsible for scheduling all community sports/recreation group events and works with Cypress School District administration in determining all availability of dates and times. Community Sports/Recreation groups need to complete the applications for field use through the City of Cypress. The City will then coordinate field use dates and times with the District. Please be sure the insurance for your group is current and on file with the Cypress School District office. No permits will be issued until insurance certificates are on file and comply with both City of Cypress and Cypress School District insurance requirements. Independent sport groups, travel ball clubs, and booster-sponsored sport groups may be issued permits based on availability of fields after all community groups have been assigned. All insurance and non-profit documents are required and fees may apply. PAGE 5

8 SECTION 3 NON-PROFIT ORGANIZATIONS NON-PROFIT DOCUMENTATION Non-profit status does not assure that use of facilities will be free of charge. Direct costs may apply and will be determined by the Maintenance & Operations Department upon receipt of the application for permit. Non-profit organizations must provide a non-profit tax I.D. number as well as a Letter of Determination from the State of California or Department of the U.S. Treasury assigning the I.D. number. Non-profit fees can only be applied when a group has been designated a non-profit organization under 501(c)(3) charitable organizations. How to prove non-profit status? An applicant may show that it is a non-profit organization by any of the following means: 1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; 2) A statement from a State taxing body or the State attorney general certifying that: a. The organization is a non-profit organization operating within the State; and b. No part of its net earnings may lawfully benefit any private shareholder or individual; 3) A certified copy of the applicant s certificate of incorporation or similar document if it clearly establishes the non-profit status of the applicant; or 4) Any item described in above items 1 through 3 of this section if that item applies to a State or national parent organization, together with a statement by the State or parent organization that the applicant is a local non-profit affiliate. (Authority: 20 U.S.C. 1221e-3 and 3474) PAGE 6

9 SAMPLE INTERNAL REVENUE SERVICE P.O. BOX 2508 CINCINNATI, OH DEPARTMENT OF THE TREASURY Employer Identification Number: Date: DLN: Organization Name Contact Person: Address Benjamin Franklin ID# City, State ZIP Contact Telephone Number: (000) Accounting Period Ending: December 31 Public Charity Status: 107(b)(1)(A)(vi) Form 990 Required: Yes Effective Date of Exemption: 00/00/0000 Contribution Deductibility: Yes Addendum Applies No Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106, or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities for some helpful information about your responsibilities as an exempt organization. Sincerely, Mary Smith Director, Exempt Organizations PAGE 7

10 SECTION 4 - INSURANCE INSURANCE REQUIREMENTS The District requires proof of insurance from all individuals, organizations, and business that apply for the use of any District facility. When you contact your insurance company, please give them this document that shows the District s insurance requirements. The District will not accept certificates written after the date of the event. All Applicants and vendors must provide the District with a Certificate of Insurance naming the District as an additional insured, by separate endorsement, for at least $1,000,000 per occurrence, $2,000,000 aggregate. The endorsement is a separate document that is attached to the Certificate of Insurance that adds the District to your policy. The Certificate Holder and Additional Insured are to be designated as: Cypress School District 9470 Moody Street Additional Insured Endorsement The following wording is required in the endorsement: The Cypress School District, its Board of Trustees and its officers, agents, and employees shall be named an Additional Insured, by separate endorsement. Any insurance maintained by (insert the name of the Organization, Individual or Vendor using the facility) shall be primary and any insurance or self-insurance maintained by the District shall be excess and noncontributing. (See sample insurance policy on the next page) For one-time only or short term insurance coverage, the District s insurance carrier, Keenan & Associates offers a plan called Tenant User Liability Insurance Program (TULIP). This plan is offered to individuals (third parties) who will be holding their special events on a school campus. How to Obtain a TULIP Policy Please log on to: There you will be prompted to create a profile and guided through the website. Coverage is secured through the payment of a major credit card. PAGE 8

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13 SECTION 5 FEES & PAYMENT Fees Fees are determined by the group designation, venue requested, and District personnel required. Cypress School District reserves the right to collect fees prior to its anticipated use. All applicable fees will be stated on the approved Application and Permit for Use of Facilities form, including custodial fees and other District personnel fees. All costs associated with the scheduled event will be discussed with the applicant prior to approval of the application. In the event of long-term use or multiple dates and times, the District will provide a detailed list of expenses. Payment Fees are due upon receipt of the approved application, and must be paid to the District within ten (10) days of the event. Failure to pay an invoice will prevent requested use or any future use of Cypress School District facilities. Payment of all fees shall be made to: Cypress School District 9470 Moody Street Attention: Maintenance & Operations Department The District will send past due notices for all unpaid invoices; however, thirty (30) days after notification of unpaid invoices, the unpaid amount will be sent to an outside collection agency. Future use of facilities may be denied based on unpaid invoices. Cancellations Written cancellation of a scheduled use of facility is to be provided to the site administrator of the facility no later than 48 hours prior to the scheduled use. (Site administrator will contact the District Office of all cancellations.) If the site is not in session, written cancellation notices is to be provided directly to the District Office Maintenance & Operations Department. In the event a required cancellation notification is not made, any costs that may have been incurred to the District will be due and payable. An example of cost to the District would be the payment to a custodian and/or technology technician for reporting to the school when s/he would not otherwise have had to do so. There is a 3-hour minimum charge required in accordance with the District s collective bargaining agreement. PAGE 11

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15 SECTION 6 CONTACT INFORMATION Who to Contact... Rental/Date Availability School Sites: School Secretary/Principal District Office: Secretary, Maintenance & Operations Fields: City of Cypress Parks & Recreation School Office (714) (714) Insurance Questions Secretary, Maintenance & Operations (714) Non-profit Documentation Secretary, Maintenance & Operations (714) Fees Invoicing Director, Maintenance & Operations Secretary, Maintenance & Operations Secretary, Maintenance & Operations Business Services (714) (714) (714) (714) SCHOOL SITES Arnold King Landell Luther Morris Vessels CLOSED SCHOOL SITES Cawthon Damron Swain DISTRICT OFFICE Maintenance & Operations Business Services CITY OF CYPRESS Parks & Recreation Dept 9281 Denni Street 8710 Moody Street 9739 Denni Street 4631 La Palma Avenue La Palma, CA Graham Street 5900 Cathy Avenue 4545 Myra Avenue 5400 Myra Avenue 5851 Newman Street 9470 Moody Street 9470 Moody Street 5700 Orange Avenue P (714) F (714) P (714) F (714) P (714) F (714) P (714) F (714) P (714) F (714) P (714) F (714) Requests for use of these facilities need to go through the Cypress School District Maintenance & Operations Department. P (714) F (714) P (714) F (714) P (714) F (714) Our goal is to work together; providing you with the requirements, guidelines, and Cypress School District policies to assure an event experience is the safest environment for our students and community. PAGE 13

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