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Viewing Policy: BP 1330.1 – Joint Use Agreements



BP 1330.1

Community Relations

Joint Use Agreements

In order to ensure the efficient use of public resources and increase access to needed services, the San Benito County Board of Education (County Board) may enter into an agreement with any public agency, public institution, and/or community organization to use community facilities for school programs or to make school facilities or grounds available for use by those entities. Such an agreement shall be based on an assessment of student and community needs and may be designed to increase access to spaces for recreation and physical activity, library services, school health centers, preschool programs, child care centers, before- or after-school programs, or other programs that benefit students and the community.

When it is determined that joint use of facilities is in the best interest of the county and community, the Superintendent or designee shall identify a potential partner agency, institution, or organization.  He/she shall involve that partner, appropriate county school staff, and community members in establishing planning processes, goals and priorities for joint use, locations where programs or facilities are most needed, and protocols for ongoing communication and coordination between the partners.

The Superintendent or designee shall work with the partner agency, institution, or organization to develop a written site-specific joint use agreement that delineates the terms and conditions for joint use of the district or community facilities and the responsibilities of all parties.  As appropriate, the agreement may address:

  1. The underlying philosophy or reasons for entering into the joint use agreement
  2. The specific county or community facilities or grounds that will be made available to the other party and areas that will be restricted
  3. Priorities for use of the property
  4. Hours that the property will be available for use by the district, the partner, or other parties
  5. Projected capital costs, if any, and operating costs
  6. Resources to be allocated by the county and the partner
  7. Rental or other fees, if any, to be charged to either party or third parties using the facilities
  8. Responsibilities for management, scheduling, maintenance, on-site supervision, accounting, and other operations
  9. Procedures and timelines for requesting use of the facilities
  10. Code of conduct for users of the facilities and consequences for violations of the code
  11. Provision for regular inspection and notification of damage, as well as restitution and repair of property
  12. Safety and security measures
  13. Liability, insurance, and risk management issues
  14. Duration of the agreement, process for amending the agreement, and the bases for cancelling or terminating the agreement before the expiration date
  15. Process for resolving disputes regarding any aspect of the agreement
  16. How any equipment purchased or other investments made through the agreement will be disposed of at the termination of the agreement

 

The agreement shall be reviewed by legal counsel and approved by the  County Board.

 

 

Legal Reference:

EDUCATION CODE

8482-8484.6  After School Education and Safety Program

8484.7-8484.9  21st Century Community Learning Centers

10900-10914.5  Community recreation programs

17051-17052  Joint use

17077.40-17077.45  Eligibility for joint use funding

17565-17592  Board duties re property maintenance and control

35200-35214  Liabilities

37220  School holidays; use of facilities when school is closed

38130-38138  Civic Center Act, use of school property for public purposes

44808  Exemption from liability when students not on school property

BUSINESS AND PROFESSIONS CODE

25608  Alcoholic beverages on school premises

GOVERNMENT CODE

814-825.6  Liability of public entities and employees

830-840.6  Liability; dangerous conditions on property

895-895.8  Liability; agreement between public entities

989-991.2  Local public entity insurance

UNITED STATES CODE, TITLE 20

7171-7176  21st Century Community Learning Centers

7905  Equal access to public facilities

 

 

 

Policy Adopted: 5-11-17