FACILITY USE LICENSE AGREEMENT (FULA)
PUBLIC SCHOOL FACILITIES
RECITALS
R-1.
State law, Md. Code Ann., Educ.
§ 7-108, requires that each county board of education make its public school
facilities available for community purposes upon written Reservation Request.
These purposes include public speaking, educational, social, recreational,
religious, and other lawful activities. All meetings must be open to the
public. School facilities may be used only at times that will not interfere
with regular school sessions or other bona fide school activities. Section
7-109 of the Education Article authorizes the county board of education to
choose childcare providers for the public schools.
R-2.
In Montgomery County, the
Interagency Coordinating Board for Community Use of Public Facilities (ICB)
schedules the non-school use of school facilities. The Office of Community Use
of Public Facilities (CUPF) administers and implements the Board’s policies,
procedures, and guidelines.
R-3.
This Agreement governs the terms
and conditions under which CUPF will schedule community use of schools.
AGREEMENT
1. Definitions. Unless
the specific context indicates otherwise, terms defined in the regulation on
Community Use of School and Other Public Facilities have the same meaning in
this Agreement.
2. License Granted. User
acknowledges that they received a reservation to engage in the activity
specified in the Reservation Request, at the facility specified in the
Reservation Request, during the time(s) specified in the Reservation Request.
This reservation is not renewable. Upon expiration of the reservation, the User
may apply for a new reservation. The issuance of this reservation does not guarantee
the issuance of any future reservation.
3. Fees. The
User must pay the appropriate fees, as set forth in the current fee schedule
and payment terms, including any security deposit, in full with the Reservation
Request unless an alternate payment schedule has been approved by CUPF. Payment by money order or certified check may
be required for events less than three weeks away from time of Reservation
Request or past submission of non-transactional checks. Checks, money orders and MasterCard, Visa or
payments from other major credit cards are accepted. The current Community Use
of Public Facilities Fee Schedule is available online at www.montgomerycountymd.gov/cupf
and at CUPF’s offices in Wheaton and Silver Spring.
4. Accurate Information.
The User certifies that all information the User provides, or will provide, to
CUPF is true and correct and can be relied upon by CUPF in taking any action
with respect to this Agreement including the use of an Organizational account
only for reservations for use by an organization, and use of an Individual
account only for reservations for use by the individual submitting a request
for facility use. If the User provides any false or misleading information,
CUPF may reject the User’s Reservation Request, immediately terminate the activity,
preclude the User from future use of facilities, and/or pursue any other
appropriate remedy. User is also responsible for reviewing a reservation issued
or modification of an issued reservation for accuracy and responding to CUPF
upon notification of reservation approval, or other deadline set by CUPF, of
any errors by CUPF. Absent notification
of an error, the reservation will be considered accurate.
5. Acknowledgement of Conditions of Use.
The user must not proceed with the activity until the User has read and agreed
to the Conditions of Use applicable to the requested facility or the requested
use type. The current Community Use of
Public Facilities Conditions of Use are available online at www.montgomerycountymd.gov/cupf
and at CUPF’s offices in Wheaton and Silver Spring
A.
The User must:
1.
Comply with all directions and
conditions given by CUPF;
2.
Ensure that the activity
conforms to the use described in the Reservation Request;
3.
Group may only use equipment or
facilities or areas listed in the reservation.
User or User’s participants may not trespass into other areas;
4.
Provide adequate security,
traffic, and crowd control for its activity, as determined by CUPF;
5.
Remain at the facility during
the activity and carry the license on his or her person during the activity
unless modified by 10.D.;
6.
Adequately supervise the activity;
and ensure that all participants comply with the provisions of the FULA and
reservation;
7.
Obtain and pay for any necessary
licenses and permits, including licenses and permits required to distribute
food, sell goods, and sponsor a public performance. The User is liable for any
applicable taxes, fees, and similar costs; and
8.
Comply with all applicable
federal, state, and local laws, rules, regulations, and guidelines, including
regulations and guidelines issued by the ICB and MCPS. This includes compliance
with all applicable federal, state, and local nondiscrimination laws, including
Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act.
The User must keep the program or activity open to the public as required by
state law and must not discriminate on the basis of race, color, creed,
religion, ancestry, national origin, age, sex, marital status, disability, or
sexual orientation;
9.
Ensure that participants respect
the staff and the site (ex. staff should not be bullied, insulted or yelled at;
property should not be damaged);
10. Automobiles are strictly
prohibited on sidewalks, curbs, grassy areas, playgrounds, walking/running
tracks, athletic fields, outdoor basketball courts, tennis courts, paved play
area pads, asphalt play area pads, or any areas other than those clearly designated
for driving or parking;
11. Contact
the afterhours help line via call or text to 240-490-CUPF (2873) to
address problems with access, MCPS staff, equipment or condition of facility
during the permitted time when the problem occurs.
B.
The activity must not:
1.
Present a clear and present
danger to public safety or to the peace and welfare of the community, the
county and/or the state;
2.
Present a danger of damage to
public or private property;
3.
Constitute a public nuisance or
create a traffic hazard;
4.
Provoke or add to a public riot
or breach of peace;
5.
Interfere with or adversely
affect the school’s educational or county function; or
6.
Attract large numbers of
unsupervised minors.
7. Posting and Distribution of Signs and Advertisements.
A. A
User must not post temporary or permanent signs, banners, pennants, etc. in the
facility or on facility grounds except as follows:
1.
Materials associated with
activities sponsored by the school or the school PTA; and
2.
Activities carried on in schools
by the Board of Supervisors of Elections.
B. A
User may only place temporary signs on facility grounds during the actual hours
of the scheduled activity. At the conclusion of the use of the facility, the
User must immediately remove the signs.
C. The
User, and persons acting under the User’s authority, must comply with all
applicable sign laws, including laws regarding the placement of signs upon
utility poles, trees, fences or on municipal, county or state rights-of-way.
8. Mailing Address. A User must not use a facility
address as the User’s mailing address.
9. Sponsorship. A
User must clearly identify on all advertising materials the name of the User,
the name of any individual or group sponsoring the use, and the purpose of the
use. A User may not use initials, abbreviations or logos which are not
expressly defined in the advertising material. The purpose of the use must be
clearly stated and must conform to the purpose identified in the Reservation
Request for use. Unless the Board of Education or the County sponsors an
activity, all announcements and advertisements must include the following
statement: This activity is not sponsored
by, associated with, or endorsed by Montgomery County Public Schools or
Montgomery County Government.
10. Use Requirements/Restrictions.
A. The
following are prohibited in all facilities, except as noted below:
1. Use
without a reservation;
2. Use
or possession of alcohol or other intoxicants;
3. Gambling
- bingo, lotteries, etc., except as permitted by state law with appropriate
permits and/or licenses;
4. Smoking,
fires, grills, open flames or flammable material;
5. Weapons,
weapon facsimiles, firearms, ammunition except by officers of the law acting in
an official capacity;
6. Personal
or private celebrations (including birthday or anniversary celebrations,
funerals, wedding receptions, and other similar activities);
7. Dances
unless sponsored by the school, public recreation departments or PTA groups;
8. Excessive
noise;
9. Portable
restrooms;
10. Driver
education activities involving behind-the-wheel instruction for student
drivers;
11. Food
and drink in any areas of the school other than the cafeteria or all-purpose
room;
12. Use
of any equipment not arranged for in the Reservation Request;
13. Storage
of any items by user group;
14. Propping
open entry doors or gates to facility;
15. Arriving
prior to arrival time shown on reservation or remaining after scheduled
departure time shown on reservation;
16. Use
of tape or any similar adhesive, paint, or marker on the athletic fields,
floor, tennis courts or any other surfaces;
17. Use
of Promethean board and Lightbox units;
18. Recreational operation of unmanned
aircraft systems (UAS), including model aircraft and drones, is not permitted
at MCPS facilities;
19. Launching of model rockets propelled by
sources other than compressed air or water;
20. Cooking
on premises;
21. Use of the following appliances:
a.
Microwave
ovens;
b.
Toaster
ovens or toasters;
c.
Coffee
machines;
d.
Hot plates;
e.
Popcorn
poppers;
f.
Electric
grills, gas grills, charcoal grills;
g.
Space
heaters;
h. Dehumidifiers;
i. Air cleaners;
j. Refrigerators, except Childcare
providers under MSDE Childcare Licensing;
k. Fog machines or other similar machine;
l. Any other appliance prohibited by MCPS;
22. Dodge
Ball;
23. Indoor
football, soccer, lacrosse, hockey, cricket, softball, baseball and other
activities typically played outside and prohibited by the MCPS Director of
Athletics with the following exceptions in the gymnasiums:
a. All
participants are 10 years old or younger;
b. Activities
are limited exclusively to drills and conditioning; no scrimmaging or open
play;
c. All
equipment placed on the floor is padded to prevent scratching or similar
damage;
d. All
balls are soft (ex. “nerf”) and not inflatable;
24. Animals,
except service animals;
25. Use
of water requiring more than minimal water use including but not limited to
waterslides and car washes;
26. Portable lights on athletic fields
or any other areas of the property is strictly prohibited unless an exception
is granted MCPS Central Office;
27. Activity other than an authorized
sport is prohibited in gymnasium facilities unless a written exception is
granted by the CUPF Director/designee;
28. Access to indoor restroom facilities
with field use reservation unless arrangements with payment are made in advance
and reserved accordingly;
29. Inflatables (moon bounces, bounce
houses, etc.) unless all of the following requirements are met:
a.
The vendor
or person supplying the inflatable must install and operate the inflatable(s)
in compliance with all applicable regulations and industry standards;
b.
Inflatable
may not be used indoors;
c.
Inflatable
may not be used in intense winds, rain, or other severe weather conditions;
d.
Inflatable
must be placed on flat surfaces free of objects that can puncture the
inflatable;
e.
Inflatable
must be located clear of buildings, walls, overhead power lines, utility
equipment, trees, streets and parking lots, and other potentially hazardous
objects;
f.
The vendor
must properly secure all inflatables, taking into consideration weather factors
such as wind;
g.
Underground
utilities must be marked prior to inflatables installation, as needed (such as
when stakes are used);
h.
If stakes
are used to secure inflatables, protruding ends must be covered to prevent
impalement;
i.
If
inflatables are placed on hard surfaces, such as asphalt or concrete, adequate
padding must be provided on top of the hard surface;
j.
Portable
generators must be positioned well behind equipment and far enough away to keep
exhaust gases and odors away from people and buildings;
k.
Fuel for
the generator must be stored in an appropriate safety can and secured properly
during the event, and the generator must be turned off while refueling;
l.
A portable
fire extinguisher, with a vendor employee trained to operate it, must be
available when a generator is present;
m. Appropriate and undamaged electrical
cords must be used, and cords may not be run into a building;
n.
Electrical
cords may not be placed on sidewalks or walking areas where they can create
tripping hazards;
o.
The vendor
must have ample staff to supervise use of the inflatable and to monitor/service
equipment;
p.
Use
approved by MCPS Systemwide Safety Programs.
B. Users
conducting activities in athletic field, stadium, or running track agree to the
following:
1. Proper athletic footwear must be worn at all times;
2. Press box, PA system and scoreboard are not
available;
3. Goals are not guaranteed;
4. Tents,
canopies, or other similar equipment is not allowed;
5. Adult
soccer tournament play is prohibited except on synthetic turf stadium fields;
6. Use
of Natural Grass fields is prohibited if:
a. One-half
inch or more of rain has fallen within the previous 24 hours;
b. Water
is standing on the field;
c. Soil
is frozen;
d. Turf
and mud can be displaced or dislodged from the ground;
e. Ground
cakes or clings to shoes;
f. Lightning
and/or Steady rain is falling, or
g. Bare
areas are muddy;
h. Use
is conducted December 1 through March 14.
7. Use
of Synthetic Turf fields is prohibited if:
a. Excessive
heat conditions exist;
b. Lightning
is occurring;
c. Field
is covered in snow or ice.
8. Use of Running Tracks is prohibited if:
a. Excessive
heat conditions exist;
b. Lightning
is occurring;
c. Track
is covered in snow or ice.
C. Users
conducting activities in outdoor Tennis courts, outdoor Pickleball courts, and
outdoor Basketball courts agree to the following:
1. Only
tennis and pickleball are allowed on tennis courts;
2. Pickleball
may only be played on tennis courts with pickleball lines painted by MCPS;
3. No
representations are made as to the condition of any court and installed
accessory equipment such as net and net post, rim, backboard, fencing, etc.
4. Proper athletic footwear must be worn at all times;
5. Tents,
canopies, or other similar equipment is not allowed;
6. Only
half of the total number of courts at each school is available for reservation
to ensure that there are always courts open to the public on a first come first
serve basis for general walk-on play by residents for personal recreational
exercise;
7. Organized
activity, including but not limited to business or commercial use requires a
reservation.
8. Exceptions to only half of the courts being reserved may
be granted for approved tournament use only on a case-by-case basis by the CUPF
Director or designee;
9. Use is prohibited if:
a. Excessive
heat conditions exist;
b. Lightning
is occurring;
c. Steady
rain is falling;
d. Court
is covered in snow, ice, mud, debris, standing water, or leaves.
D. Users
conducting activities covered by MSDE Child Care Licensing must:
1. Obtain
any necessary licenses and
permits and comply with any federal, state and municipal laws, codes, and
regulations in connection with the performance of childcare services;
2. Provide
to CUPF a copy of the MSDE license or a copy of the license application and a
Certificate of Insurance naming the county as an additional insured when
requesting shared space in MSDE licensed space. Failure to have an appropriate
licensing permit for primary and alternate space is grounds to deny priority
before and after-school childcare placement;
3. Submit
a Reservation Request which demonstrates principal’s designation of primary and
alternate areas to be licensed by MSDE and schedule of use to include periods
of inclement weather, primary, general and special elections, administrative
holidays, and other use outside the normal school year use schedule;
4. Obtain
the approval of the school principal before storing supplies at the school; and
5.
Ensure that its designee remain
at the facility during the activity and comply with all applicable provisions
of this Agreement.
11. Certification Regarding Activities Involving Minors.
This section applies only to Activities involving minors (under 18).
A. The
User certifies no one who will have any contact with minors during the activity
has ever been convicted of or pleaded (1) guilty, (2) “no contest” or (3) nolo contendere to a felony (whether or
not resulting in a conviction).
B. The
User certifies no one who will have any contact with minors during the activity
has ever been convicted of or pleaded (1) guilty, (2) “no contest” or (3) nolo contendere to a misdemeanor
involving sexual misconduct (whether or not resulting in a conviction).
12. Restoration of Property.
The User must restore the facility to its prior condition upon completion of
its use and prevent the waste or deterioration of the facility.
13. Inspection and Investigation.
The User must permit CUPF to inspect the facility at any time to ensure
compliance with this Agreement. The User must cooperate with the inspection.
CUPF may examine the User’s records to determine and verify compliance with
this Agreement and to resolve or decide any claim or dispute arising under this
Agreement. The User must cooperate with any investigation by CUPF.
A. CUPF
may deny the requested use, unilaterally terminate or modify this Agreement
and/or a reservation issued to the User, and/or preclude (temporarily or
permanently) User from future use of one or more facilities, upon written
notice to the User, for any of the following reasons:
1. The
User or any person acting under the User’s authority misused, damaged, or
destroyed property at a facility or failed to leave the facility as clean as it
was before the activity;
2. The
User or any person acting under the User’s authority provided false or
misleading information to CUPF, including false or misleading information about
the User or the proposed use;
3. CUPF
assessed damages against the User or any person acting under the User’s
authority;
4. CUPF
deems the use inappropriate for the facility, inconsistent with the size,
location, and available services at the facility, or inconsistent with public
health, safety, or welfare standards; or
5. The
User or any person acting under the User’s authority failed to fully complete
or comply with the Agreement or a previous Agreement, including non-payment by
virtue of a returned check or failure to make scheduled payments.
B. Termination
is effective 10 calendar days after the notice is issued, unless a different
time is given in the notice. Neither the county nor the Board of Education is
responsible for User’s losses as a result of termination or modification under
this section, above and beyond refund of any fees User paid to CUPF for the use
of the facility.
C. CUPF
may terminate any reservations or agreements that apply to other locations that
CUPF has permitted the User to occupy.
D. Before
reinstating a reservation, CUPF may require the User to comply with other
conditions including meeting with the CUPF Director or designee, participating
in user training, and paying for supervision by staff such as MCPS Security.
E. CUPF
may relocate, reschedule or cancel a reservation that is in conflict with the
school’s academic programming or when it is in the best interest of the county
or the Board of Education to do so.
Neither the county nor the Board of Education is responsible for any
losses or damages that occur as a result of the relocation, rescheduling, or
cancellation of use.
15. Emergency Closures/Inclement Weather Policy.
A. Community
use activities will automatically be cancelled Monday-Friday when schools close
early or for the entire day.
B. On
weekends and holidays CUPF will make cancellation decisions as soon as
possible.
C. Natural
grass field closure decisions are available online at: www.rainoutline.com
D. Closings
will be broadcast on local radio and television stations, posted online on a
county website and Alert Montgomery. Neither the county nor the Board of
Education is responsible for the User’s losses as a result of emergency or snow
cancellations above and beyond the payments made to CUPF for the use of the facility.
16. Refunds/Cancellations.
CUPF will refund fees paid by the User to CUPF to license the
use of the facility in accordance with its cancellation policy but only if the
User completes a Cancellation/Adjustment request and submits to CUPF within the
timeframe noted. The User must pay CUPF
the cancellation fee set forth in the fee schedule for each facility. In the
event of cancellation by CUPF due to inclement weather or other emergency, CUPF
will credit the user’s account in full. CUPF is not responsible for
advertising, food, or any other costs associated with an activity when facilities
are closed due to inclement weather or other emergency. Refunds for field use
must be requested by the User by the appropriate deadline.
A. For
the purposes of this section, the county and the Board of Education includes
their boards, agencies, agents, officials and employees.
B. Notice of Accidents or Damage.
User must give the county (and the Board of Education in the case of a school
facility) prompt written notice of any accidents or injury upon, or damage to,
the facility.
C. Responsibility for Accidents or
Damage. User is financially responsible for any loss,
personal injury, death, or any other damage (including incidental and
consequential) arising from the exercise by it, or any person acting under the
User’s authority, of the right of access under this Agreement or arising out of
a breach of this Agreement by User. The county (the Board of Education in the
case of a school facility) will determine the dollar amount in the case of
property damage to the facility and will charge the User accordingly. User must
reimburse the county (the Board of Education in the case of a school facility)
for any damage to the facility within 30 calendar days after notice from the
county.
18. Interest.
CUPF will assess a late payment penalty not to exceed 12% interest per annum on
all amounts overdue in excess of 30 calendar days.
19. Indemnification.
The User agrees to indemnify, defend, and hold harmless the county and the
Board of Education (and the lessee where the use occurs in a closed school)
from any loss, injury, liability, damage, claim, lien, cost or expense,
including reasonable attorneys’ fees and costs, arising from the use of the facility
by the User, by any person acting under the User’s authority, or by any person
in the facility as a participant or potential participant in any activity the
User conducts in the facility or arising out of a breach of this Agreement by
User. The User’s foregoing responsibility to indemnify, defend, and hold
harmless the county and the Board of Education extends to any incidents
resulting from the failure to use caution near architectural structures, such
as a raised stage, stairs, an orchestra pit, stage equipment, fittings, curtain
and prop lifts, gymnasium bleachers and any other school equipment. This agreement to indemnify and hold harmless
will survive expiration and termination of this Agreement. The User need not
indemnify, defend, or hold harmless the county or the Board of Education for
any loss, cost, damage, claim, or other expense arising out of the county’s or
the Board of Education’s sole negligence or intentional misconduct. For the
purposes of this section, the county and the Board of Education includes their
boards, agencies, agents, officials and employees.
20. Insurance. All
commercial or enterprise users and any User proposing certain Activities such
as childcare, sports leagues or activities identified by Montgomery County’s
Risk Management office must maintain insurance with an insurance company
licensed to do business in Maryland in an amount sufficient to indemnify,
defend and hold the county and the Board of Education harmless as required
above.
A. The
User must maintain a policy of commercial general liability insurance with
limits of at least $300,000 for each occurrence and an aggregate amount of
$300,000. The insurance limit for dog
training classes must be at least $1,000,000 for each occurrence and aggregate
amount of $1,000,000.
B. The
policy must list Montgomery County as an additional named insured and also the
Board of Education if the activity takes place in a school facility.
C. The
User must provide CUPF with a copy of the certificate of insurance within 10
calendar days following submission of the completed Reservation Request.
D. The User must notify the county and the Board of
Education, if the activity occurs in a public school building, 30 days before
the cancellation of the insurance. This Agreement and any associated
reservations are cancelled immediately upon the cancellation of any applicable
insurance policy.
E. Nothing
in this Agreement may be construed to create any rights or claims in any third
parties.
F. The
County may waive these provisions for use of the building by entities covered
by a Federal or State tort claims act.
21. Release.
User releases the county and the Board of Education from all claims and demands
of any kind which User has had, claims to have had, or might subsequently
accrue to him arising from the exercise by User, or any person acting under the
User’s authority, of the right of access under this Agreement or arising out of
a breach of this Agreement by User. Neither the Board of Education nor the
county accepts responsibility for any equipment left in school or county
facilities by the User. The release does not include any claim arising out of
the county’s or the Board of Education’s intentional misconduct. For the
purposes of this section, the county and the Board of Education includes their
boards, agencies, agents, officials and employees.
22. Other Important Provisions.
A. Modification and Waiver. Amendment of this Agreement must be in writing, approved
by the parties. A party wishing to waive any rights under this Agreement must
do so expressly in writing. A waiver will be narrowly construed so as not to
waive any other rights or any other instance to which that right might apply.
B. Severability.
Whenever possible, each provision of this Agreement must be interpreted in such
a manner as to be valid under applicable law. But if any provision of this
Agreement is deemed invalid, that provision must be severed and the remaining
provisions must otherwise remain in full force and effect.
C. Entire
Agreement. This Agreement constitutes the entire agreement
between the Parties. All terms and conditions
contained in any other writings previously executed by the Parties and all
prior and contemporaneous arrangements and understandings between the Parties
are superseded by this Agreement. No agreements, statements, or promises about
the subject matter of this Agreement are binding or valid unless they are
contained in this Agreement.
D. Applicable Law.
This Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of Maryland without regard to its conflict of laws
principles. For purposes of litigation involving this contract exclusive venue
and jurisdiction must be in the Circuit Court for Montgomery County, Maryland
or in the District Court of Maryland for Montgomery County.
E. Headings and Construction.
Descriptive headings are inserted only for convenience and do not affect the
meaning of any provision. Where the context requires, the singular must be
construed as the plural and neuter pronouns must be construed as masculine and
feminine pronouns and vice versa. This Agreement must be construed according to
its fair meaning and any rule of construction to the effect that ambiguities
are to be resolved against the drafting party must not apply in the
interpretation of this Agreement.
F. No Agency.
This Agreement does not make either one of the Parties, its officers, employees
or agents, an officer, employee or agent of the other Party.
G. No Partnership, Third Parties.
This Agreement does not create any partnership, joint venture or other
arrangement between the Parties. This Agreement is not for the benefit of any
non-party, and no third party has any right or cause of action under this
Agreement.
H. Warranty of Authority.
The persons executing this Agreement warrant that they are authorized by the
respective party whom they represent to execute this Agreement.
I.
Effective Date. This Agreement is effective when all parties approve the Agreement in
writing.
J.
Transfer.
The User must not transfer this Agreement by assignment, sublease, or otherwise
without the express written consent of CUPF.
K. Time of Essence.
Time is of the essence for performance of all of the Parties’ obligations under
this Agreement.
L. Incorporation of Documents and
Recitals. The recitals and any exhibits are incorporated by
reference and made a part of this Agreement.
M. User
submitting a facility use request and responsible for the activities of the
group must be at least 18 years of age.