Brevard Public Schools
Terms of Use

Brevard County (Florida)

USE OF DISTRICT FACILITIES 

USE AGREEMENT

Persons or groups using the School Board of Brevard County facilities do so under the following conditions:

1. The School Board of Brevard County shall:

a. Furnish light and water, as it may, at its sole discretion, deem necessary for the purpose of the users.

b. Reserve the right to cancel this permit if it is found that the facility is needed for school use.

c. Reserve the right, in the exercise of its discretion, to rescind and cancel this permit at any time when, in their opinion, the purpose or

purposes for which the premises herein described are being used, shall be obnoxious or inimical to the best interests of the School Board of

Brevard County; anything herein contained notwithstanding.

2. The User Shall:

a. Obtain at the User's own cost and expense any and all licenses or permits required by law or ordinance.

b. Take the premises as they are at the time of occupancy by the User. No removal of or change to the School Board property shall be made

without the prior consent of the school principal and shall be made at the user's expense and any change shall be replaced as found.

c. Remove from the premises within twenty-four (24) hours following the final use, all equipment, and material owned by the User. Anything

not removed from the premises after 24 hours may be subject to storage charges.

d. Have all deliveries of equipment and materials made with the prior consent of the school principal.

e. Honor the agreement for the purposes as specified unless written consideration is obtained from the School Board of Brevard County to

assign, sublet or use said premises, or part thereof, for any other purpose.

f. Prohibit the use of intoxicating beverages, harmful drugs, or gambling devices of any kind.

g. Forbid the use or storage on any party of the school premises any flammable or explosive substance or thing prohibited by any law or

ordinance, or by standard policies of fire insurance companies.

h. Pay for labor costs incurred by such usage.

i. Pay for any additional utility expenses incurred by such use. The school principal shall establish said charges from the school's normal

utility charges.

j. Pay federal admission taxes directly to the government.

k. Follow all regulations for facility use as outlined in Board Policy 7510 and the accompanying Administrative Guideline as found on the

District's website or https://neola.com/state/florida/brevard

3. The following regulations shall be followed:

a. Smoking shall not be allowed in any school or board premises without the prior consent of the school principal.

b. School board property shall not be removed from the school under any condition.

c. Use includes parking areas and any and all locations on school property that participants may go with or without permission.

 

Board Policy 7217 – Weapons, prohibit all persons from bringing weapons of any kind onto school property except as outlined in this policy and associated administrative procedures. This prohibition applies to all persons that use or lease district facilities and their guests and applies to churches, community groups, individuals, etc. You are responsible to advise your guests of this prohibition and see that your guests comply with this rule. Those and their guests found to be in violation of this prohibition are subject to a revocation of all future use of district facilities.

 

Performing Arts Theatre Use 

The performing arts theatre may be made available to the public for use on a first come, first served basis.  The public's use of the performing arts theatre may include Category II or III users. For performing arts  theatre use purposes only, Category III may include "for-profit" entities so long as these organizations  abide by all Board policies, District rules, and school rules. Once the performing arts theatre is booked by  any Category I, II, or III entity, the use cannot be cancelled by the host school unless the user is found  violating Board policy, District rules, school rules, or the Superintendent finds that the use is obnoxious or  inimical to the best interests of the Board. 

Pool Use 

A. All Category II, III, or IV entities desiring to use district pools are required to pay the adopted  fee schedule and utility cost when renting the pool. The following rules are required of all  Category II, III, or IV users when leasing a District pool: Pools may only be rented to qualified  instructors and coaches associated with national swimming, diving, or water polo  organizations such as, but not limited to USA Swimming, USA Diving, Amateur Athletic  Association Swimming etc., and rental must be for the sole purpose of advancing the sport of  swimming, diving, water polo, or other similar water related sports. The only exception to this  section would be use by the Brevard County Parks and Recreation due to the District’s long term recreation agreement. 

B. Pool renters must retain the services of an American Red Cross or YMCA certified lifeguard  (certification must include the following at a minimum – lifeguard training, CPR, and First Aid)  at all times when participants are on the pool deck and/or in the pool. The lifeguard’s sole duty  is to provide lifesaving supervision to the occupants in the pool or those on the pool deck;  therefore, the instructor/coach and the lifeguard must not be the same person. The pool renter  is responsible for all costs associated with retaining and employing of the lifeguard. The  lifeguard may be a non-paid volunteer or paid individual. The pool renter must provide a copy  of the lifeguard(s) certification upon submitting a facility use agreement form and as necessary  when a change in lifeguard occurs during the term of the pool rental. 

C. An adult instructor/coach or lifeguard shall be present supervising participants/spectators from  the moment they enter the pool deck and pool and shall remain until all participants/spectators leave the area, and the gates locked. 

D. Because pool use by outside entities are not supervised by District staff and use typically  begins and ends after staff has left for the day, the pool renter must submit a weekly schedule  of use subject to the following:

1. The schedule must be in a calendar format (Monday through Sunday) listing the hours of  use each day and the calendar must be submitted in person or by e-mail to the principal  or their designee. 

2. The principal or their designee shall utilize the user’s weekly schedule to create the  appropriate charge sheet that will be presented to the user for payment. The user shall  pay for use of the pool as listed on the charge sheet.  

E. Pools shall not be rented to any individual or group for the sole purpose of holding a party or  other similar activity. 

F. Failure to follow any of these rules shall result in a denial of use.  

Period or Term of Use 

All use in Category I, II, III, or IV shall coincide with the District's fiscal year from July 1st to June 30th. If a  user desires to use a facility beyond June 30th each year, a new application for use along with all other  user-required documents must be completed and submitted to the school principal for approval. 

Policy Concerning the Use of Equipment and Facilities 

Rental 

Equipment, other than the normal furnishings or a particular facility, is not available for rental except by  special permission of the Superintendent. No property or equipment shall be used for any of the following  purposes: 

A. commercial or personal gain by District employees using their position to secure a special  privilege in the use of District facilities, property, or equipment 

B. programs involving any form of gambling or illegal activity  

C. private teaching except by institutions of higher learning  

D. activities in violation of a Board rule  

E. by any organization or party which believes in or teaches, directly or indirectly, the overthrow  of the governments of the United States, the State of Florida, and/or Brevard County  

Intent 

The intent of this policy may not be circumvented by any agency or organization through use of The  School Board of Brevard County and the Brevard Board of County Commissioners Recreation  Agreement, or similar agreements. 

Denial of Use 

The Superintendent may deny use of facilities or equipment to any agency or organization whose  purpose in using District facilities and/or equipment is considered by the Superintendent to be obnoxious,  inimical to the best interests of the Board, or incompatible with this rule. 

Insurance and Indemnification

The following requirements are applicable to all Category I, II, III, and IV entities, with the exception of  schools and non-curriculum student organizations meeting under Federal Equal Access Act listed in  Category I. 

Unless stated otherwise, all non-governmental Category I, II, III, and IV users shall provide a certificate of  insurance evidencing general liability coverage under an occurrence basis policy, with minimum limits of $1,000,000 (1 million) per occurrence and $1,000,000 (1 million) or more in 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 Board shall be named as a CERTIFICATE HOLDER and ADDITIONAL INSURED for claims arising out of any and all facility use under this policy. 

Certificate Holder must be listed as:

School Board of Brevard County
2700 Judge Fran Jamieson Way
Viera FL 32940

All governmental users shall provide evidence of insurance or self-insurance to the limits set forth in F.S.  768.28. 

Except as prohibited by F.S. 768.28, all Category I, II, III, and IV users shall agree to indemnify, defend,  and hold the Board; its officers, agents, servants, employees, and Superintendent; harmless from any  and all liability for any and all injuries or damage to any user or their associated participants, visitors,  guests, and so forth including intentional acts which occur on any property or in any facility made  available to the user by the Board pursuant to the facility use agreement and which occurs during the  course of any program or activity sponsored by the user. This agreement to indemnify and hold harmless  includes an obligation to indemnify and hold the Board harmless for liability for any negligence on the part  of the Board. The user's promise to indemnify and hold harmless also includes an obligation to assume  full responsibility and expense for investigation (pre-suit, suit, trial, appeal, and post appeal proceedings),  litigation, judgment, and/or settlement of any complaint, claim (including claims for intentional or negligent  acts or omissions) or legal action. 

General Terms and Procedures 

The facility used by groups and organizations shall be at a time not needed for the conducting of regular  school programs and for purposes not conflicting with Board rules and administrative directives. 

Long-term agreements in excess of one (1) year for the use of school facilities shall be executed by  written contract and approved by the Board. 

The facility shall be used as equipped for Board use unless special arrangements are pre-approved. The  appropriate Board employees or technical personnel shall operate school kitchens, performing arts  theatre equipment, and any other technical equipment as determined by the facility administrator.  Charges shall be assessed for the actual hourly rate, including applicable fringe benefits, of the personnel  assigned. 

Any agency or organization shall be required to pay for any and all damages arising from its use of school  facilities and/or equipment by separate check to The School Board of Brevard County. 

Groups wishing to use a school's general area (i.e., parking lot, playgrounds, outside hall corridors, non competitive soccer/baseball fields or open spaces, etc.) are required to complete an application for use of  school building facilities and are required to meet the same applicable liability requirements as other  users of school facilities. Individuals desiring to do the same, at the discretion of the school principal may  be required to complete an application for use. 

The school principal or other individual charged with the responsibility to care for or schedule a facility  may require a security deposit as deemed appropriate to any category of user.