Donated Improvements to School Facilities Under Community Recreation Act

San Francisco Unified School District and County Office of Education

Administrative Regulation 1330.2

Donated Improvements to School Facilities Under Community Recreation Act

 

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.
 
The District appreciates the willingness and desire of external community individuals/groups to partner with the San Francisco Unified School District to improve school sites and/or school facilities. The purpose of this regulation is to ensure that improvements or changes proposed by external community individuals/groups meet District established criteria relative to materials, equipment, alterations, and funding.
 
In accordance with Chapter 10 of Division 1 of the California Education Code, commencing with Section 10900, the District is authorized to cooperate with other public agencies and community organizations to organize, promote, and conduct programs for community recreation that will contribute to the attainment of general recreational and educational objects for children and adults of this State.
  
Definitions
 
As used in this regulation, the following definitions apply:

Existing Facilities:  Currently constructed school buildings and facilities, including grounds, owned by the Board.
 
Improvement Project:  Any project that results in a permanent physical change in any school facility or on any site owned by the District.
 
Improvement:  Any part of an Improvement Project.
 
Inspections:   Examinations of work in progress and completed work by the Division of State Architect, when applicable, the Chief Facilities Officer /Designee and/or applicable City and County of San Francisco Building and Planning Department personnel.
 

Permanent Physical Change: Improvements to existing facilities that include but are not limited to the following: trees, concession stands, dugouts, canopies, concrete or asphalt pathways, fences, school signs w/brick or concrete base, walls, playground areas, playground equipment, additional parking lot(s), driveway(s).
 

Permit: The Division of State Architect and/or City and County of San Francisco Building Department approval to begin construction of any building improvements or site changes to school property.

 

Petitioners: Community individuals or groups proposing improvements to school sites and/or school facilities.
 
Sketch Plan:  A document showing the dimensions, elevations, type of construction or site improvement, and location of the proposed Improvement on the site.

 

Premises:  The District school site or property upon which the Improvement Project is located.
 

Proposal: Petitioner’s description of proposed permanent physical improvement to a school facility or site owned by the District, which contains all of the information set forth below. 

 

Proposals to Construct Improvements
 
A Petitioner may submit a proposal for a permanent physical improvement to a school facility or site owned by the District. Proposals shall be in writing and contain the following information: 

1. Statement of the purpose and functionality of the improvement, including appropriate background data.
    
2. Sketch plans showing dimensions, elevations, type of construction or site improvement and site location.  For mural projects, include proposed image, design and content of the mural.
    
3. Description of the necessary health and safety precautions and access requirements.
    
4. For any structure, the intended usage and maximum personnel and equipment occupancy.
    
5. Provisions for security from vandalism and unauthorized occupancy during construction or when not in use for intended purpose.
    
6. Description of how the exterior will relate to other nearby existing structures and landscaping (i.e., aesthetics).
    
7. An estimate of the installation cost.
    
8. Sources of public and private funds used to complete the project.
    
9. Whether the proposal would result in additional annual operating costs to the District.
    
10. The source of labor required for the construction or improvement, i.e., private contractors, boosters’ club members, volunteers, etc.
     
11. Estimated time to complete the improvement after receiving approval to proceed.
     
12. Letter of Consent from Site Principal/Administrator.

District staff shall evaluate Proposals to ensure they meet the requirements of this regulation.
 
Approval Process
 
All approvals will be provided in writing and work may not commence before both of the following have occurred:

1. The District and the Petitioner have executed a Memorandum of Understanding with the terms and conditions required by this regulation (“MOU”).  The Proposal shall be incorporated into the MOU as Exhibit “B.”
    
2. The MOU has been approved by the District’s Governing Board.

Monitoring and Supervision of the Project
 
Upon approval of the MOU by the Board of Education, District staff shall:

1. Supervise the project to completion in accordance with the approved plans and time schedule;
    
2. Supervise the correction of any damage done to existing facilities on the site using District specified materials. (Examples include damage to concrete or blacktop paving, sod or lawn, drainage facilities, underground utility lines, etc.);
    
3. Ensure the availability of all funds intended to be used by the Petitioner for the project;
    
4. Regularly monitor the project activities to identify potential exposures that could result in injury or property damage;
    
5. Ensure that all work is performed during times when school is not in session; and
    
6. Ensure compliance with all regulations imposed by building permits, federal and local laws, and the Office of Safety, Environment and Risk Management.
    
7. When applicable, ensure Petitioner obtains insurance, permits, licenses, etc., as required by the MOU, DSA, City and County agencies, prior to the start of work.

 Terms and Conditions of the Memorandum of Understanding
 
Prior to commencing construction of donated improvements to District school sites or properties, the District and Petitioner shall execute an MOU acceptable to the District and which contains all of the provisions set forth below. Deviations from the District’s approved template MOU for Donated Improvements to School Facilities must be approved by the District’s Legal Office prior to submission to the Board of Education for approval.
 
Required terms and conditions include:

1. The Improvement Project is undertaken at Petitioner’s sole cost and expense and shall comply with all legal requirements relating to construction of improvements on school property, including, without limitation, Title 24 of the California Code of Regulations, the Education Code (including the Field Act, Education Code §17280, et seq.), the Americans with Disabilities Act, the California Environmental Quality Act and regulations promulgated thereunder, California Labor Code Sections 1770 to 1780, inclusive.
    
2. All contractors and subcontractors of Petitioner, if any, shall be duly licensed in the State of California. Under all circumstances, Petitioner must seek and receive approval from the Division of the State Architect for all Improvements to the extent such approval is required by law.
    
3. Petitioner shall be solely responsible to make payment for any service or work performed in connection with the design and construction of the Improvements. Petitioner shall administer and resolve any claims or disputes that may arise in connection with the design and construction of the Improvements.
    
4. District shall assume no liability for loss or damage to personal property or injuries to or deaths of agents, contractors, or employees of Petitioner by reason of the exercise of privileges given in this section. Petitioner shall indemnify and hold District harmless from any damage caused by the Petitioner’s activities authorized in this section, except to the extent such damage was caused by District’s gross negligence or willful misconduct. Petitioner shall either reimburse the District for any damage or destruction to the Premises, or other property, occurring by reason of the exercise of rights granted, or to replace or restore said property to its preexisting condition.
    
5. Petitioner shall coordinate the work of the Improvements with the District and keep District staff informed as to the status and completion of the Improvement Project. 
    
6. The District shall have the right to inspect and reject the Improvements.
    
7. The MOU shall not contain any conditions which would restrict the use of the Improvements to any person or group.
    
8. To the fullest extent permitted by California law, Petitioner shall defend, indemnify, and hold harmless District, its agents, representatives, officers, consultants, employees, trustees, and volunteers (the “indemnified parties”) from any and all losses, liabilities, claims, suits, and actions of any kind, nature, and description, including, but not limited to, attorneys’ fees and costs, directly or indirectly arising out of, on account of, connected with, or resulting from, the operation, condition, use or occupancy of the Premises, all improvements thereon, and all areas appurtenant thereto, except to the extent that such losses, liabilities, claims, suits, and/or actions result from the gross negligence or willful misconduct of District or any of the indemnified parties; and in case any action or proceeding be brought against District that would be covered by the foregoing indemnity, Petitioner shall defend the same at Petitioner’s sole expense.
    
9. The MOU is made on the express condition that District shall not be liable for, or suffer loss by reason of, injury to person or property, from whatever cause in any way connected with the condition or Petitioner’s use or occupancy of the Premises specifically including, without limitation, any liability for injury to the person or property of the Petitioner, its agents, officers, employees, licensees and invitees. Petitioner shall keep the Premises clear of all liens, encumbrances and/or clouds on District’s title to any portion of the Premises.
    
10. Insurance Provisions
    1. Petitioner shall place insurance with insurers as required by the terms of the MOU. Petitioner shall furnish District with copies, including electronic or facsimile, of the original certificates and amendatory endorsements affecting coverage required.
        
    2. Petitioner acknowledges that the insurance to be maintained by District on the Premises will not insure any of Petitioner’s property or Improvements made by Petitioner.
        
    3. At least thirty (30) days prior to the expiration of each certificate, and every subsequent certificate, Petitioner shall deliver to District a new certificate of insurance consistent with all of the terms and conditions required in connection with the original certificate of insurance as described above.
        
    4. In the event of loss or damage to the Premises, the buildings, Improvements or any contents, each Party, and all persons claiming under each Party, shall look first to any insurance in its favor before making any claim against the other Party, and to the extent possible without adding additional costs, each Party shall obtain for each policy of insurance provisions permitting waiver of any claim against the other Party for loss or damage within the scope of the insurance and each Party, to the extent permitted, for itself and its insurers, waives all such insurance claims against the other Party.
        
    5. During the term of the MOU, Petitioner shall comply with all provisions of law applicable to Petitioner with respect to obtaining and maintaining workers’ compensation insurance. Prior to the commencement and any renewal of the MOU and Petitioner’s occupancy of the Premises, Petitioner shall provide District, as evidence of this required coverage, a certificate in a form satisfactory to District on or before the Commencement Date, providing that insurance coverage shall not be canceled or reduced without thirty (30) days prior written notice to District.
        
    6. Except as provided in the Certificate of Insurance, neither Petitioner nor District shall be liable to the other or to any insurance company (by way of subrogation) insuring the other party for any loss or damage to the Premises, if any such loss or damage is covered by insurance benefiting the party suffering the loss or damage.

11. Upon completion of work, final inspections will be conducted by the appropriate State or local agency and the Facilities Department through its Chief Facilities Officer/Designee.
     
12. Unless expressly stated otherwise, maintenance of site improvements will be the responsibility of the District.
     
13. Hazardous Substances Provisions 
     
    1. General Terms: Petitioner shall comply with all applicable Environmental Laws relating to industrial hygiene and environmental conditions on, under or about the Premises, including but not limited to, air, soil and ground water conditions. Petitioner shall not use Hazardous Substances on, under or about the Premises; provided, however, that Petitioner may use normal and customary cleaning solutions and office supplies so long as the use of those solutions and supplies are in quantities and in a manner wholly consistent with all applicable Environmental Laws; and further provided that Petitioner may use normal and customary chemicals for classroom use so long as the use of those chemicals are in quantities and in a manner wholly consistent with all applicable school standards. Petitioner shall not, nor shall Petitioner allow any party to, transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Substance upon or about the Premises in violation of Environmental Laws, nor permit any subtenant, employee, agent, invitees or contractor to engage in such activities in violation of Environmental Laws upon or about the Premises, during the Term of the Agreement. Petitioner shall not be responsible for the remediation of any Hazardous Substances that were present at the Premises prior to Petitioner’s occupancy thereof.
        
    2. Notice: Petitioner will promptly notify District in writing if Petitioner has or acquires notice or knowledge that any Hazardous Substance has been or is threatened to be, released, discharged, disposed of, transported, or stored on, in, or under or from the Premises in violation of Environmental Laws. Petitioner shall promptly provide copies to District of all written assessments, complaints, claims, citations, demands, fines, inquiries, reports, violations or notices relating to the conditions of the Premises or compliance with Environmental Laws. Petitioner shall promptly supply District with copies of all notices, reports, correspondence, and submissions made by Petitioner to the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, and any other local, state, or federal authority that requires submission of any information concerning environmental matters or Hazardous Substances pursuant to Environmental Laws. Petitioner shall promptly notify District of any liens threatened or attached against the Premises pursuant to any Environmental Laws.
        
    3. Inspection: District and District’s agents, servants, and employees including, without limitation, legal counsel and environmental consultants and engineers retained by District, may (but without the obligation or duty to do so), at any time and from time to time, on not less than ten (10) business days’ notice to Petitioner (except in the event of an emergency, in which case, no notice will be required), inspect the Premises to determine whether Petitioner is complying with Petitioner’s obligations set forth in this MOU, and to perform environmental inspections and samplings, during regular business hours (except in the event of an emergency) or during such other hours as District and Petitioner may agree.
        
    4. Indemnification: Petitioner shall indemnify, defend (by counsel reasonably approved in writing by District), protect, release, save and hold harmless District from and against any and all Claims arising from any breach of Petitioner’s covenants under this Hazardous Substances Provisions Section, except to the extent caused by the gross negligence or willful misconduct of District.
        
14. Construction Provisions 
     
    1. Any Improvements requiring approval of the Division of the State Architect shall require prior written notice and approval of District, which approval shall not be unreasonably withheld, conditioned or delayed.          
                                                                                                      
    2. Petitioner shall at its own expense obtain all necessary environmental and governmental approvals and permits, including, without limitation, the California Environmental Quality Act (“CEQA”), any necessary approvals from any local authority including any site, grading, zoning, design review and other required permits or approvals, if applicable, prior to commencing construction and shall provide District with evidence of approval by all applicable governmental agencies.
        
    3. Petitioner shall be responsible for ensuring that all Improvements work is performed in strict compliance with the approved Storm Water Permit Pollution Prevention (SWPPP), Rain Event Action Plan (REAP), Active Treatment System (ATS), and the Construction Storm Water Permit issued, as required by applicable law.
        
    4. All maintenance and construction activities performed by shall comply with the Environmental Protection Agency’s National Pollution Discharge Elimination System program and the Clean Water Act to prevent storm water pollution approved by the appropriate governing authority, if applicable.
        
    5. Petitioner and any person performing work for construction of the Improvements, shall exercise reasonable precautions to avoid damage and protect persons or property while on the Premises and any adjacent staging area. District assumes no liability for loss or damage to property or injuries to or deaths of agents, contractors, or employees of Petitioner by reason of the exercise of privileges given in this section.
        
    6. Petitioner shall indemnify and hold District harmless from any damage caused by the activities authorized under this regulation, except to the extent such damage was caused by District’s gross negligence or willful misconduct.
        
    7. Petitioner shall either reimburse the District for any damage or destruction to the Premises, or other property, occurring by reason of the exercise of rights granted, or to replace or restore said property to its preexisting condition.
        
    8. The Improvements shall be made by Petitioner at its sole expense.
        
    9. Petitioner shall coordinate the work of the Improvements with the District. Petitioner shall provide notice to District in writing of the status of the Improvement projects and notify the District when the Improvements are completed. District shall have the right to inspect and reject the Improvements.

​​​​​​Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.