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HomeMy WebLinkAboutSeminole State College Facilities Temporary Use Agreement - Gould Center AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES Organization Name; City of Winter Sl rtttg,,Florida Street Address: 300 North Moss Road City, State,ZIP ter r s,FL 327 8 __ —..... . ..w,,. m .m.mm........... ._ .. ..... Email Address: ttrc�tta�toiwinterslrinlll.org Telephone Number: (407)327 7998 Tax Exempt Number if Non-Profit Organization: __ ...........ion: _ _ (Please provide a copy of the tax exempt certificate) Specify Campus,Type of Activity and Duration: Gould Center—Use of structure and parking areas located within the property for law _.m. ..... .. .. ......e�.. . _ d times enforcement training on mutually agreed dates an All users are advised that the college does not provide facilities to organizations over extended periods of time. Use is on a temporary basis only, and Users are urged to make other arrangements as soon as possible. 1. Gould Property Expansion,LLC,a Florida limited liability company affiliated with the Foundation for Seminole State College of Florida,Inc.,an authorized direct-support organization ofthe District Board of Trustees of Seminole State College of Florida, ("College") shall: a. Furnish access to the property sufficient for the specified type of activity and duration described above in this Agreement. b. Be fully responsible for its own acts of negligence and the acts of negligence of its respective officers, agents, and employees acting within the scope of their agency or employment and agrees to be responsible for any damages resulting from such negligence subject only to the limitations and defenses provided by Section 768.28, Florida Statutes. Nothing in this agreement is intended to serve as a waiver of sovereign immunity or the limitations(including monetary limitations) and defenses of Section 768.28, Florida Statutes by the College. Nothing in this agreement shall be construed as consent by the College to be sued by third parties in a manner arising out of this Agreement. c. Reserve the right, in the exercise of its discretion,to rescind and cancel this Agreement at any time when, in its opinion, the purpose or purposes for which the premises are being used or intended to be used, is in a manner that is unsafe, obnoxious or inimical to the best interests ofthe College as detennined by the College in its sole discretion,any other provision of this Agreement notwithstanding. d. The activities of the College have first priority and the College reserves the right to alter this schedule-by noti _ingt e User,-no less-than irtyslays-prior to a schedutodl event. In(lie event that the College cancels any event due to College priorities, or due to any facts or circumstances beyond the control of the College(including weather,and governmental order or decree,natural disaster,etc.),a full refund will be issued. Facifi ies FAlgeement"IC`emmp ate-IH I""768.2.8_City of W nte¢,SU.16np-GoWd Center Page 1 of 7 AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES 2. The Organization("User") shall: a. Obtain at the User's own cost and expense any and all licenses or permits required by law or ordinance. Any statement ofrules orregulntinn accompanying each license or perinit will be deemed to be a part of this Agreement. b. Take the premises as they are found at the time of occupancy by the User. In the event the User finds it necessary to remove or change any equipment,any changes shall be made bythe User at the User's expense and must be replaced as found; provided however, that no removals or changes may be made without prior written consent of the Manager of Gould Property Expansion,LLC or designee,which may be given or withheld in such person's sole and absolute discretion. c. Remove from the premises, within twenty-four hours following the conclusion of the contracted activity,all equipment and material owned by the User. The College assumes no liability for the User's equipment or material at any time. d. Have all deliveries ofneeded equipment and material made only after approved arrangements with Manager of Gould Property Expansion,LLC or designee,are confirmed. e. Not assign this Agreement or sublet the premises or any part of them or use the premises or any part of them for any purpose other than that specified in this Agreement,without written consent of the Manager ofGould Property Expansion,LLC or designee,,which may be given or withheld in such person's sole and absolute discretion. f Not bring on the premises, possess or use or be under the influence of any alcoholic beverages, drugs or gambling devices of any kind. Any person under the influence of intoxicating beverages or drugs shall be denied the opportunity to participate in any activities on College premises by either User or College, g. Not use,store or permit to be used or stored,in or on any part of the College's premises,any substance or thing prohibited by law or ordinance, or by standard policies or fire insurance companies operating in the State of Florida, h. Be responsible for adherence to all federal, state, county and municipal laws, rules, regulations, orders, and ordinances, including workers' compensation laws. Additionally, User shall be responsible for compliance with all federal,state, county and municipal laws, rules, regulations,orders,and ordinances by all applicable public health agencies regarding any pandemic or other infectious disease outbreak(e.g.COVID-19). User shall require and be responsible for ensuring that User's guests,licensees,invitees,visitors,and other persons attending User's event(s)comply with the requirements of this section. i, Be solely responsible for compliance with copyright laws for any event that involves the public performance of copyrighted works, User agrees that User shall obtain in writing appropriate licenses or permission needed to comply with copyright laws,and in the event that any copyrighted works are recorded in any way,including,but not limited to photographic, video,tape,or digital means,whether or not offered for commercial sale,User will be solely Fauihties Agreerrem'TenipWr -FLST 7&8,28 .,Clty M'Mntci Sphinp p (jawild Centu Page 2 of 7 AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES responsible for the payment of any applicable royalties. To the limited extent permitted by law,and subject to the limitations set forth in Section 2J.below,User shall indemnify,defend and hold harmless the College, its agents,officers,trustees and employees from and against any and all claims, liabilities, judgments, or expenses (including costs and reasonable attorney's fees)resulting from any failure of User to comply with this provision. ji. Be fully responsible for its own acts of negligence and the acts of negligence of its respective officers, agents, and employees acting within the scope of their agency or employment and agrees to be responsible for any damages resulting from such negligence subject to the limitations(including monetary limitations)and defenses provided by Section 768.2 8,Florida Statutes,Nothing in this Agreement is intended to serve as a waiver of sovereign immunityby the User. Nothing in this Agreement may be construed as consent by the User to be sued by third parties in a manner arising out of this Agreement. k. As to Users of the Firearms Range at the Geneva Facility, only use "no lead" frangible ammunition unless specific exceptions are granted in writing by the Dean of the Center for Public Safety. Users shall only such type and caliber of weapons that the College considers standard and normally used by law enforcement agencies. User shall submit a list of weapon type(rifle, shotgun,pistol, etc.)and caliber for review and approval prior to User accessing the Firearms Range. College reserves the right to review and approve or disapprove of any listed weapons in its sole discretion. No weapons of any sort that are not preapproved by the College may be used,possessed, or brought onto the Geneva Facility. 1. Provide a Certificate of Insurance showing coverage for General Liability,as indicated below, providing for 30 days written notice of any change in User's insurance coverage related to this Agreement. At the sole discretion of the College, User may be required to provide Certificates of Insurance for Automobile and Workers'Compensation insurance,and additional General Liability coverage exceeding the limits as indicated below. 2. User shall obtain and maintain the minimum insurance coverages set forth below. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. This insurance will apply as primary insurance/non-contributory with respect to any other insurance or self- insurance carried by the College. 3. By requiring such minimum insurance,the College may not be deemed or construed to have assessed the risk that may be applicable to User under this Agreement. User shall assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. User is not relieved of any liability or other obligations assumed or pursuant to the Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. 4, General Liability insurance requiremoits,for this A6;rceinoil are: Coverage Limits Commercial General Liability $1,000,000 ............. ..... .........--111111111111............ .......... FL ST 76828-City or MacrSpilinp. -Gould Center Page 3 of 7 AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES ..... ...... ... ,. 2 0 m. Comply with all College policies and procedures,including but not limited to the College's Protection of Vulnerable Peihovis Policy 1.115 and the College's Children on Campus procedure 8.0110. By signing this Agreement, User acknowledges that the policies and procedures are available on the College's website and they reviewed same before signing. 3, Payment of Charges: a. Payment may be made by check payable to: Seminole State College. Payments by credit card are also accepted through the online payment portal. . 1I1m.al ynac►la ,c e due<a It time thism �l ,rt n M, i z c by t1scr. wk he() l g�.will issue n N Lalsr cnitpl11 receiy tt�wt` tl s rf l ..which invoice shall..be due a_ hill �c�diately',,.. llulg tc r i t.P ylll llt wl rt�111 Ir l c t�fl 11 awl wg w N trak rl l a ,fteQsngllt gion„to_User arise _outITITo a31�m�"+�g����r� ��1 otwithstanthil the 9cttt e t g this t Agreement will,not t be binding lie upon the Clt 11 age until.acc tad,is afa�ewwa , n g.xccuted ley the Vice Prey_i&nt, l3u,,xtl ,tjons t�1°tL or desi nice. QollQge sub1nissi0n t>l"thin A.nta r intent liar ertatr�irtation t td sa wttttalre b I�Iser does not constitute art offer to lease of a ITreservation or 2 Lion f6r lc ase. In the event this Agreement is not so accepted, approved,and executed,User understands and agrees its recovery will be strictly limited to the recovery of any pre-paid fees. . The following additional regulations must be followed: a. Activities are not permitted between 10:00 p.m.and 7:00 a.m unless otherwise approved i writing by College. b. Hereby be notified that Seminole State College is a tobacco-free college. Tobacco of any kind, in any form, is prohibited on College property. This includes but is not limited to tobacco used in cigarettes, cigars,pipes, and electronic cigarettes. Snuff,chewing tobacco, and other tobacco products are also prohibited. Furthermore,User and all of User's guests, invitees,and licensees shall comply with College Policy 6.02 1. c. College equipment may not be taken from the College under any conditions and in the event any equipment is found missing,the User is responsible for its replacement costs. , The College retains all concession rights and the User may not engage in sel ling of any items except programs. e. The College owns and controls its name(s),marks(including registered trademarks),logos, insignias, seals,colors, designs and symbols,and they are strictly for College use only. 1. The User may use the College's name("Seminole State College of Florida") in materials to indicate the location of the event. However, it must be in a basic font(so as not confused with the College's logolbrandin ). ^ ta�ran d„p:�a°ouncW FenijN fihte- r°[.,w IC` ,W9 Nk Ciq uurWuuaw Slm"gs-Gould Venter — P ig�t,4 of 7 — ... ........ AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES 2. The User may not set up URLs that are similar to the College's name(SSC, Seminole State, etc.), as this could lead to confusion. 3. The User must add on all promotional materials(poster, flyer, website, etc.): "This event is not affiliated with Seminole State College of Florida," f The Oviedo Campus is a designated wildlife habitat. Guests should be alert and considerate of the variety of animals that co-exist on the campus. g. For the Geneva Gun Range-Use frangible, lead free anu-nunition only. Exceptions may be granted for expending duty ammunition carried by officers at the end of its use I cycle. Other exceptions may be granted by the Range Manager or can of the Center for Public Safety in writing and in advance. h. For the Geneva Gun Range-Provide to the Range Manager daily,the amount and type of ammunition expended, 5. Cancel lation/Refund Policy: a. Seminole State College requires written notice by email to sierrajT1L1_1s�!n_iL1olestate.edu to cancel a confirmed facility use rental. b. The College reserves the right, in the College's sole discretion, to relocate an event to a comparable venue for no additional charge to the customer. The College shall not be responsible for any costs associated with relocating any event to any comparable venue,If a mutually agreeable comparable venue is not available a full refund will be issued. 6. Acknowledgment: a. This Agreement will not be binding upon the College until accepted,approved,and executed by the Manager of Gould Property Expansion, LLC or designee. The undersigned acknowledges and agrees that the formation of this Agreement constitutes the making of a contract within the State of Florida and agrees to submit to the jurisdiction of the courts in the State of Florida with respect to claims arising out of the Agreement. Venue for any action arising under this Agreement lies exclusively in Seminole County,Florida. b. It is understood that the to "College" or "Seminole State College" as used in this Agreement includes the employees, agents, members, managers, officers, directors, and trustees and District Board of Trustees of Seminole State College of Florida,the Foundation for Seminole State College of Florida, Inc.,and Gould Property Expansion, LLC. c. The fees and specific details related to the use of College facilities as outlined in this Agreement are in the Facilities Reservation form attached hereto and incorporated herein by reference. IN WITNESS WHEREOF,the parties have caused this Agreement for Temporary Use 1F'L5T76928-City ul'Wbue.ir Sipiiings-Gotdd Centeir Page 5 of 7 AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES of Seminole State Co Ilt ,e Facilities to be executed as of the date indicated. For Se n kt ,Sta e lege, �_. Signature 0 �� . �, 1,�*.,�css� �i�tive_.�._ ��.�.... _._._.���..�...._.....__..._..�_ .. ..... �l� .��....te t�i 1 s pf_l Wi Position: _ S...i t a Designee �.._ _ .. na e r of Gould Prop erty Expansion,LI,C For User Organization: ... Organization: Shawn Il. Title: City Manager Signature: ... . ...... _.__ �.. �,... .m...... �m_. Date: Facilities Agreeuieut Template-rL ST 768.28-City of Winter Springs-Gould Center Page 6 of 7 Facility Reservation Seminole State College Requestor Name: Nick Romano Re uestor Organization: Cityof Winter Springs,Florida lorida .4..� _ Mailing Address: 330 North Moss Road,Winter Springs,FL 32708 Business Telephone Number: (407)327-7998 Email Address: n a°otraarro�'°� Ire atb xstl.oa~ Organization Status: (Check one) X Public Private Non-profit Private For Profit Description of Activity: Use of structure and parking areas located within the property for law enforcement training. As consideration for use of the facility,User shall remove debris from the exterior structure and surrounding area and be permitted to add training features such as plywood to the interior walls of the structure. Any interior modifications shall be removed upon request by College. User shall also remove debris and cut the grass from the parking area of the property. Date and Time of Activity: To be mutually determined by College and User Campus,Location or Type of Facility Gould Venter property parking areas,exterior of structure.and Requested: portions of interior of structure. Special Requirements(Specify any special furniture or equipment's set-ups,acoustics,musical instruments, audio visual equipment,lectern,or technical support,i.e.,lighting,audio-visual,electrician,etc.) Setup— Food .,..ne, Custodial Insurance certificate Security Site Supervisor— , n„ e.a.... _...,. _ . _.,. w---- . _.. _,....... „ .,,, __r Media Services— Anticipated Attendance- College Public Information Officer Notification"(if attend"ance 1 mm.w.._ .......... ..�00 or greater) - Risk Mgmt Review(CEN,outside, I00+,or Risk)- II a)r t ollc: e Use oillly Facilities Reservation Seminole State College E': l'aaae'cr; t4oviv,%yeti FS Facth Designations Rate $0 ' Comp, uhn ., _ .. _ m.... ...m. glComm.Svcs Rate:$30.00per hour $0 Security _as ,....,,.,_ . _. _ Rate: $25,00 per hour $0 CustodiaUFaclllty Svcs Rate:$2 5 00 pe rv.,, � _p,.r hour _ $0 Services Rate $45 00 er hour $0 Site SuPer.,_ .,... � . _ _ Media Se Supervisor Rate $30 00 per hour .. Subtotal $0 1 Sales Total Tax for Rental of Real Property6.5/o E . m _ $0 1 Fd4°ii11N0.ies A p ee;ment 1f"eimir0eate. "FL,M"­768 2.�9,.(,4yr arG'Muum Spaairauhp•Gould�e' ito Page 7 of"?