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HomeMy WebLinkAboutSeminole County Public Schools Facility Lease Agreement - 2009 07 04SEMINOLE COUNTY PUBLIC SCHOOLS, FLORIDA FACILITY LEASE AGREEMENT SUMMARY OF TERMS-The following is a summary of general conditions of use. This facility use agreement is subject to summary of terms and the provisions of the School Board's facilities use policy and applicable state law, which are incorporated herein by reference and adoption. AVAILABILITY -Space will not be available if lessee's use would intertere or compete in any way with any school or district programs. The initial term of an agreement shall not exceed six calendar months. The agreement may not be extended beyond one calendar year. EQUIPMENT AND SUPPLIES -Use of school equipment is subject to approval by the Principal or designee. Use of school food service supplies is not permitted. PHOTOGRAPHY AND FILMING -Any lessee renting facilities for the purpose of filming or photographing must execute a Motion Picture, Film and Photography addendum that will become a part of this agreement. CARE OF FACILITIES -All facilities, grounds, and equipment must be returned in as good condition as when rented. Lessee agrees to pay all costs for repair or replacement of damaged facilities, grounds or equipment. Failure of lessee to maintain premises,or equipment in acceptable condition or to correct unacceptable conditions within 7 days after notice will result in termination of the lease agreement and such other action as may be deemed appropriate. Afield maintenance fee will be charged for use of stadium and playing fields. The fee will vary from school to school depending upon degree of usage. INSURANCE AND INDEMNIFICATION: The user hereby agrees to defend, indemnify, and hold harmless the School Board of Seminole County, Florida, and its employees for any expense, cost, loss, damage, claim, judgment or claims bill incurred or rendered against same, including attorneys' fees and investigation expenses (pre-suit, suit, trial, appeal, and post appeal proceedings) on account of any intentional or negligent acts or omissions of the user or its employees, agents or servants, or any intentional or negligent acts or omissions of the School Board or its employees, agents or servants or the Superintendent arising out of the use of any facility under this agreement. GENERAL CONDITIONS: The School Board does not provide for the security of any property brought onto a School Board facility by any user or any participant in a user activity. The School Board does not provide security for any user or any participant in a user activity. The School Board assumes no liability for any loss or damage to any of user's property, any participant's property, any user, or any participant in a user activity. Sufficient security, supervision, and custodial service of the school facility shall be determined by the principal or other facility supervisor. The use of school food service facilities (kitchen and dinning facilities) requires supervision of a food service employee. The level of supervision shall be determined by the Director of Food Service or his designee. Arrangements for custodial services food service supervision law enforcement administrative supervision or other personnel services shall be made by the user. These services shall be contracted between the user and the person(s) engaged or assigned to pertorm the service. All payments for service shall be made directly by the user to the person(s) performing the service. Persons will not be excluded from participation in any user activity on any basis set forth in §1000.5, Fla. Stat., "Florida Educational Equity Act" or for any other basis prohibited by law. All Fire Department regulations will be strictly observed. PROHIBITED ACTIVITIES: (a) Gambling or raffle contests; (b) Possession or use of alcoholic beverages; (c) Possession or use of controlled substances; (d) Smoking or other tobacco product use, except in designated outdoor smoking areas; (e) Possession or use of firearms, except by law enforcement officers. PRINCIPALS/SUPERVISOR INTITALS DATE: ~Ip I 0 UG DATE. AU RIZED RE SENTATI E INTITALS Original copy and insurance certificate to school file Copy to lessee, SOPS Finance Department, and Risk Management SCS FORM 743 (REV. 06/01 /07) SB Page 2 of 2 SEMINOLE COUNTY PUBLIC SCHOOLS, FLORIDA FACILITY LEASE AGREEMENT This contract is made on this 18'" day of June, 2009 between The School Board of Seminole County, Florida, and Winter Springs Parks/Recreation Lessee, (Category III )for the use of the parking on the campus at Layer Elementary School, on July ~ 2009 for City Of Winter Springs Fourth of July Event. This agreement is subject to the terms and conditions hereinafter set forth on page (2) two of this agreement. Use of Facilities Policy (Policy No. 9.30). CONDUCT OF ANY PROHIBITED ACTIVITIES WILL VOID THIS AGREEMENT I. FACILITY USE FEE CHARGE: (rates are per hour unless stated otherwise) $ NO CHARGE Facility Fees: Utility Fees Houdy ~2at.~: Hourly Rate Elementary Middle Hiah Classroom and/or Conference Room $15.00 $5.00 $5.00 $15.00 Multi-purpose Room $15.00 $13.00 $16.00 Auditorium (700 or less capacity) $75.00 N!A $30.0 $3D.00 Auditorium (701 or greater) $100.00 N/A $ 0 $30.OD Gymnasium $50.00 N/A 22.00 $27.OD Athletic stadium (with lighting) $100.00 N/A N/A $19.00 Cafeteria/ cafetorium (500 or less capacity) $50.00 $1 $16.00 $23.00 Cafeteria/ cafetorium (501 or greater) $75.00 13.D0 $16.00 $23.00 Baseball Fields N/A N/A N/A $9.00 Softball Fields N/ N/A N/A $8.00 'Restroom/locker room (See policy for full description) 0.00/ day $1.00 $1.00 $1.00 Parking lot (includes restrooms) $10.00 N/A N/A N/A `Charges are for Category V users only, per locker room and/or per set of male/ female restrooms Hourly Use Rate: for a single use up to 4.5 hours on not more than one (1) day per week, the user will be charged an hourly rate times the actual hours of use. Dailv Use Rate: for use of up to 7.5 hours per day for not more than three (3) days in a single week, a daily rate equal to 7.5 times the hourly rate will be charged. Weeklv Use Rate: for use of up to 7.5 hours per day for more than three (3) days in a single week, a weekly rate equal to three (3) times the daily raie will be charged. A week shall consist of a period of seven (7) consecutive days starting with the first day of use. II. OPERATIONAL CHARGE: UTILITY CHARGE PER UTILITY FEE SCHEDULE (Payable to Seminole County School Board) $ III. SUBTOTAL $ IV. SALES TAX (7%) OR TAX EXEMPT I.D. NUMBER V. TOTAL CHARGE PAYABLE TO SCHOOL UPON EXECUTION OF CONTRACT $_NA VI. CUSTODIAL/SECURITY, ETC. SERVICES TO BE PAID BY LESSEE DIRECTLY TO SCHO non- exempt employees shall be paid their normal hourly rate times 1.5/exempt employees (administrators/teachers) shall be paid $25.00 per hour] -Custodian -Cafeteria Staff _A.V. Operator/Technical Assistant Administrator -Security Field Maintenance VII. CERTIFICATE OF INSURANCE MUST BE ATTACHED TO THIS AGREEMENT ~,c .r : - PRINCIPAL/ SUP//E~~RVISOR SIGNAT R~E - -}- PRINT NAME: Vrdr10. ~S DATE: ~ ~ L d ~t~ CJ -- , _. __-- Comment [SS]: AUTH IZED ORGA ZATION REPRESENTATI/V~E y,, P INTNAME/TITLE~~1(IYl r-•Si111~'1~L.I~1f ~a'r ADDRESS ~ ~T S R ~ ~~ CITY/STATE/ZIP~,tt( Vl 3~~n~ DATE ~I ~~ ~Q -~. See Chapter 9.00- School-Community Relations and Interlocal Agreements- Policy No. 9.30 -Use of Facilities for further details regarding the agreement. Original copy and insurance certificate to school file Copy to lessee, SCPS Finance Department, and Risk Management SCS FORM 743 (REV. 06/01/07) SB Page 1 oft / f~ ~ 1 v l~+l~"' CHAPTER 9.00 -SCHOOL-COMMUNITY RELATIONS AND INTERLOCAL AGREEMENTS USE OF FACILITIES 9.30* Facilities which are owned, operated, ar maintained by the School Board for the conduct or support of educational programs shall be used in accordance with the following schedule of priorities. I. Use Categories A. Category The primary functions of District facilities are to provide facilities for the delivery of educational services and programs to students and to support that priority. Therefore, the use of schools for academic programs, student extracurricular activities, School District programs such as staff development, the district extended day care program, and uses defined by the School Board/employee unions collective bargaining agreements shall have priority over all other uses except community disaster shelter use. B. Category II The secondary function of District facilities is to provide facilities for use by noncurriculum related student groups under equal access act (20 USC 4071) and other noncurriculum related student organizations and to provide facilities for use by various organizations whose primary function is the support of school programs including ,athletic booster groups, parent-teacher organizations, the Foundation for Seminole County Public Schools, and the Supervisor of Elections for voting precincts. C. Category III The primary collateral function of District facilities is to provide facilities to other governmental agencies, primarily Seminole County and its various municipal corporations, for the conduct of programs which do not conflict with programs operated and maintained by the School Board. D. Category IV To the extent that facilities are reasonably available for use by nongovernmental community users, District facilities are available on a short-term single or repetitive use basis, so long as such users do not conflict with category I -III users. Such priority IV uses may include, but are not limited to, church rental, indoor athletic league use and programs open to a limited public attendance group or the general public. ©EMCS Page 1 of 7 SEMINOLE 9.30* CHAPTER 9.00 -SCHOOL-COMMUNITY RELATIONS AND INTERLOCAL AGREEMENTS E. Category V This use category is limited to outdoor facilities such as practice or playing fields (excluding stadiums and swimming pools), basketball courts, tennis courts, softball or baseball fields, and other such facilities that are generally open to the public when not in use for school curricular and extracurricular activities, or School Board program use. Users in this category generally include, but are not limited to, the following: Pony League baseball, Little League baseball, Pop Warner football, athletic camps, and soccer leagues. Users under this category shall not conflict with use by category I - IV users. II. Prohibited Activities A. Gambling B. Possession or use of alcoholic beverages C. Possession or use of controlled substances D. Smoking or other tobacco product use, except in designated outdoor smoking areas E. Possession or use of firearms, except by law enforcement officers F. Private teaching, except by category IV - V users G. Programs in violation of Florida Statutes or School Board rules III. Insurance And Indemnification -The following requirements are applicable to all Category II - V users, with the exception of noncurriculum student organizations meeting under equal access or otherwise. A. All nongovernmental category II - V users shall provide a certificate of insurance evidencing general liability coverage under an occurrence basis policy, with minimum limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate, combined single limit covering bodily injury, property damage, personal injury, premises, operations, products, completed operations, independent contractors, and contractual liability. There shall be no exclusions for contracted liability. Coverage must be written by a carrier which has and maintains a rating of "A" or better and a financial size category of "VII" or better according to A.M. Best Company. The School Board of Seminole County, Florida/School District of Seminole County, Florida shall be ©EMCS Page 2 of 7 SEMINOLE 9.30* CHAPTER 9.00 -SCHOOL-COMMUNITY RELATIONS AND tNTERLOCAL AGREEMENTS named as an additional insured for claims arising out of any facility use under this policy. B. Ail governmental users shall provide evidence of insurance or self- insurance to the limits set forth in § 768.28, F.S. C. Except as prohibited by § 768.28(18), all category II - V users shall agree to defend, indemnify, and hold harmless the School Board of Seminole County, Florida, and its employees for any expense, cost, loss, damage, claim, judgment or claims bill incurred or rendered against same, including attorneys' fees and investigation expenses (pre-suit, suit, trial, appeal, and post appeal proceedings) on account of any intentional or negligent acts or omissions of the user or its employees, agents or servants, or any intentional or negligent acts or omissions of the School Board or its employees, agents or servants or the Superintendent arising out of the use of any facility under this agreement. IV. General Conditions -The following general conditions are applicable to all Category II - V users, with the exception of student noncurriculum groups meeting under equal access. A. The School Board does not provide for the security of any property brought onto a School Board facility by any user or any participant in a user activity. The School Board does not provide security for any user or any participant in a user activity. The School Board assumes no liability for any loss or damage to any of user's property, any participant's property, any user, or any participant in a user activity. B. Sufficient security, supervision, and custodial service of the school facility shall be determined by the principal or other facility supervisor. C. The use of school food service facilities (kitchen and dining facilities) require supervision of a food service employee. The level of supervision shall be determined by the Director of Food Services or his/her designee. D. Any school or community event sponsor or vendor who uses school facilities shall notify the local public health unit not less than three (3) days prior to a scheduled school carnival, fair, or other celebration involving the sale or preparation of food or beverages. E. Arrangements for custodial services, food service supervision, law enforcement, administrative supervision, or other personnel services shall be made by the user. These services shall be contracted between the ©EMCS Page 3 of 7 SEMINOLE 9.30* CHAPTER 9.00 -SCHOOL-COMMUNITY RELATIONS AND INTERLOCAL AGREEMENTS user and the person(s) engaged or assigned to perform the service. All payments for service shall be made directly by the user to the person(s) performing the service. F. All school facility use agreements shall be approved by the school's principal. Facility use agreements for other facilities shall be approved by the Executive Director of Facilities Planning. The initial term of any facility use agreement shall not exceed six months. The agreement may be extended for an additional six months. The total term for any agreement shall not exceed one year for the same facility and the same organization. The Superintendent shall provide the school board with a biannual report of all long term leases. G. Restroom facilities shall be made available for all organizations using indoor facilities. Restroom/locker facilities may be made available to Category V users, provided that they comply with all provisions for insurance/indemnification and all general conditions. H. A principal may authorize the use of a school facility by an alumni group of that school fora reunion activity or by a local community student scholarship group for a fund raising activity for scholarship awards without payment of the facility use fee. Persons will not be excluded from participation in any user activity on any basis set forth in § 9000.05, F.S., Florida Educational Equity Act or for any other basis prohibited by law. J. If a principal has a request from a group which he/she feels may be controversial, he/she may require this group to present their request to the Superintendent to be included in an agenda for a regular school board meeting for consideration by the School Board. V. Facility Use Fees A. The payment of the rental fee shall be in accordance with the schedule set forth herein. B. Sales tax shall be charged to and collected from all users. If a user holds a State of Florida sales tax exemption, the principal shall report the user's sales tax exemption number to the Finance Department. All sales tax shall be remitted to the Finance Department. C. A minimum fee equal to one hour's use shall be charged. ©EMCS Page 4 of 7 SEMINOLE 9.30*