Volusia County Schools
DeLand High School
Terms of Use

Facility Use Guidelines

This procedure details the documentation and process required for the community use of the school’s facilities. Refer also to 1001.41 and 1001.42, Florida Statutes and School Board Policy 705.

1. The School Board believes that the school district facilities should be made available for community purposes, provided that such use does not detract from the original and necessary purpose of the property or interfere with the educational program of the schools.

2. The Superintendent or designee may authorize the use of school district facilities by outside organizations. The participation by outside organizations in events that take place during school hours as part of a school’s educational operation shall not constitute the use of a school district facility.

3. Schools use the EMS (Event Management Systems) software to manage the use of their facilities. The software allows the school to schedule all rooms, prepare event calendars, send confirmations to renters and bill outside organizations for facility usage.

4. Requests for facility usage shall be presented to the principal to recommend approval or denial. The principal shall ensure compliance with procedures developed by the Superintendent.

5. Any existing agreements between the School Board, a booster or volunteer group, or governmental agency shall govern facility usage as stated in the agreement and can only be terminated as provided within the agreement. The use of a school district facility by the County of Volusia as an emergency shelter shall not require a fee.

6. Facility usage agreements shall not go beyond one fiscal year (July 1 – June 30) unless approved by the school board or where the agreement is pursuant to an interlocal agreement approved by the school board.

7. Sharing room space is not recommended, however it may be approved if no other space is available or if it is in the best interest of student safety. Renters are responsible for up to the full rental rate of the room.

8. Organizations and individuals using school district facilities must take proper and ordinary care of the facility, and shall be held responsible for any damage or vandalism incurred, including, but not limited to damage to the building, fixtures, furniture or equipment, as a direct result of their use.

9. No school facilities, equipment or grounds shall be permitted for any of the following purposes: 1-2

a. Programs involving any form of gambling or other illegal activity.

b. Programs which would be in violation of any law or School Board Policy.

c. Adult entertainment which is sexually explicit or suggestive in nature, or which involves excessive profanity.

d. Programs which promote activities which violate the law.

10. Forty percent (40%) of the rental fee must be transmitted to the Finance Department to cover operational and maintenance costs.

11. Responsibilities:

a. Principal: Identifies the school’s Facility Usage Designee and verifies that policies and procedures are being adhered to for all facility usage.

b. Facility Usage Designee and/or Bookkeeper: Coordinates i. use of facilities using EMS software ii. payment of employees (see Staff Requirements) iii. invoicing the renter iv. payment of the district’s portion (40% of facility usage only) v. remittance of sales tax to the Department of Revenue

c. Finance Department: Once Finance receives a completed Indemnification and Hold Harmless form, proof of insurance (in compliance with Policy 705), and certificate of sales tax exemption (if applicable) from a group requesting use of school facilities, the group will be entered into EMS. This will allow the group to request use of any school’s facilities, with approval from the principal.

d. Staff Requirements: The District reserves the right to require provision of and payment for additional security, crowd control, custodial services, or other additional conditions as needed to ensure that use of school facilities for other purposes not detract from their primary educational use.

i. A school district employee approved by the principal is required to be on the premises during the period of use, and where applicable, will be paid in accordance with the relevant collective bargaining agreement. Any additional cost(s) for supervision and/or security services will be reimbursed by the outside organization. This requirement shall not apply to pre-existing agreements with local governments.

ii. The use of the school’s kitchen equipment for the preparation of food shall require the operation by a student nutrition service employee.

iii. The use of technical equipment, such as the equipment in auditoriums and theaters, shall only be operated under the supervision of a school district employee. 1-3

12. School-based Organizations: Volunteer organizations generated by the existence of the school, such as booster clubs, parent-teacher organizations or associations, which are providing a service to the school.

a. These organizations are permitted to use school district facilities without providing liability insurance or completing an Indemnification and Hold Harmless Agreement when the proceeds directly benefit a school or the district. This waiver applies to activities on campus and does not extend off campus or to transportation. This waiver cannot be assigned through a partnership or other agreement.

b. With the approval of the Superintendent, a school based organization may be permitted to use school facilities on non-school and mandatory close dates, but may be required to reimburse the school board in accordance with the fee schedule.

c. Usage shall not interfere with regular school programs, school activities, or school functions.

d. The organization shall comply with the District’s Code of Conduct. Failure to comply may result in the termination of the use agreement.

e. The principal shall have the authority to deny use of a facility when he/she determines that the school district’s interest in maintaining a safe and secure environment for the students is best served by denying the request.

f. The District reserves the right to require provision of and payment for additional security, crowd control, custodial services, or other additional conditions as needed to ensure that use of school facilities for other purposes not detract from their primary educational use.

g. All users will be charged for any additional services provided as a result of their usage. Additional services may include custodial, school nutrition, security, technical support, etc.

13. Outside Organizations: Organizations not generated by the existence of the school or the district, including for-profit users (including individuals), community groups, governments, and non-profit users. This includes employees conducting their own activity as an independent contractor or agent, where the activity is not required as part of the employee’s employment with the school district.

a. Outside organizations must provide the following to the Finance Department for approval to use a facility:

i. Completed and signed Indemnification and Hold Harmless Agreement

ii. A current certificate of liability insurance, which clearly states the organization’s liability coverage, naming the School Board as an additional named insured and certificate holder. 1-4

1. The liability insurance carried by the user must have limits of at least one million dollars ($1,000,000) for injury to any one person and two million dollars ($2,000,000) aggregate.

2. Government agencies may comply with this requirement by providing a certificate of self-insurance, and are not required to have the school board named as an additional insured.

b. Usage shall be reimbursed in accordance with the fee schedule and shall be discounted by 10% (hourly rate) for usage of twenty (20) hours or more per week, with a week being Sunday through Saturday.

c. All users will be charged for any additional services provided as a result of their usage. Additional services may include custodial, school nutrition, security, technical support, etc.

d. Outside organizations may be permitted to use school facilities on non-school and mandatory close dates, but shall be required to reimburse the school board in accordance with the fee schedule. For non-school day and mandatory close dates, an additional hour at the room rate is charged for air conditioning preparation. Usage shall not interfere with regular school programs, school activities, or school functions.

e. The organization shall comply with the District’s Code of Conduct. Failure to comply may result in the termination of the use agreement.

f. The principal shall have the authority to deny use of a facility when he/she determines that the school district’s interest in maintaining a safe and secure environment for the students is best served by denying the request.

g. The District reserves the right to require provision of and payment for additional security, crowd control, custodial services, or other additional conditions as needed to ensure that use of school facilities for other purposes not detract from their primary educational use.

i. A school district employee approved by the principal is required to be on the premises during the period of use, and where applicable, will be paid in accordance with the relevant collective bargaining agreement. Any additional cost(s) for supervision and/or security services will be reimbursed by the outside organization. This requirement shall not apply to pre-existing agreements with local governments.

ii. The use of the school’s kitchen equipment for the preparation of food shall require the operation by a student nutrition service employee.

iii. The use of technical equipment, such as the equipment in auditoriums and theaters, shall only be operated under the supervision of a school district employee.

h. Cancellations not made within two (2) business days of the initial event may be subject to a cancellation fee. The cancellation fee will be equal to the minimum usage fee in accordance with the fee schedule. Excessive 1-5 schedule changes may result in an administrative fee being assessed by the school district. Non-payment, absent the existence of extenuating circumstances, will result in denial of future use of any facility.

i. If an applicant’s payment is rejected due to insufficient funds, the applicant may not use the facility until debt is settled.

j. All outside organizations using school district facilities must make known that neither the school board nor the administration has endorsed the users’ activities. Any advertisement or circular must contain specific language to that effect. The suggested disclaimer is: “Volusia County Schools does not specifically endorse or support the program or individuals involved in “______________”.

k. Organizations which fail to comply with the terms of the agreement will be denied further use of school district facilities.

14. Indemnification and Hold Harmless: All outside organizations using district facilities must complete and sign the VCS Indemnification and Hold Harmless Agreement that shall hold the School Board, its members, employees and representatives harmless from any claims, injuries or damage occurring while the organization is on premises. Indemnification agreements shall only be required from governmental agencies to the extent allowed by the State’s sovereign immunity laws.

15. Insurance Requirements: All outside organizations must provide a current certificate of liability insurance, which clearly states the organization’s liability coverage, naming the School Board as an additional named insured and certificate holder.

a. The liability insurance carried by the user must have limits of at least one million dollars ($1,000,000) for injury to any one person and two million dollars ($2,000,000) aggregate.

b. Government agencies may comply with this requirement by providing a certificate of self-insurance, and are not required to have the school board named as an additional insured. c. As an alternative to requiring evidence of liability insurance, the superintendent may authorize the purchase of a Tenant Users Liability Insurance Policy (TULIP), and the require the users to purchase the insurance from the district. d. Activities with a high potential for accidents or liability will not be permitted.

16. Code of Conduct: The organizations using the school district facility shall enforce compliance with the following standards:

a. The use of tobacco, alcohol or other drugs is not permitted on school board owned property. 1-6

b. Parking shall only be in clearly marked parking spaces.

c. The area shall be left clean and ready for students. Trash or debris shall be picked up and disposed of properly.

d. The organization shall check to see if the property is secure when departing, leaving it the same as they found it.

e. The organization shall be sure to conduct play activities in a sportsman-like manner. No fighting or roughhousing will be allowed.

f. The organization shall report any unsafe conditions to the school-based administrator as soon as noted.

g. No firearms or weapons of any kind shall be brought onto the premises.

h. The Code of Student Conduct will apply to students participating in the activity.

17. Fee Schedule: The fee schedule lists charges by hour. Minimum usage is for one hour with 1⁄2 hour increments thereafter.

a. For non-school day usage, an additional hour at the room rate is charged for air conditioning preparation. Please list this as a separate line item on the agreement. If air conditioning was not turned on, this additional hour should be removed and the room fee reduced by 10%.

b. Restrooms are included in the fee rates and are to be made available for the stated hours of all agreements.

c. Changes made to the fee schedule are typically effective July 1 of the new fiscal year. The current fee schedule is located on the Finance Department’s web page. Please check regularly to verify that you are quoting the correct rental rate(s) to potential renters.

18. Discounts/Considerations: A discount of 10% (off of hourly rental rate) should be given for usage over 20 hours in week. A “week” is Sunday through Saturday. Consideration may be given by the principal, with approval of the superintendent, to accept use of outside facilities, services, repairs or purchase of equipment in lieu of the school’s share of the rental fee or a portion thereof. A separate use agreement must be executed outlining the detailed terms of such an agreement and must accompany the Facility Usage Agreement.

19. Non-school/Mandatory Close Dates: Organizations may be permitted to use school facilities on non-school and mandatory close dates. School-based organizations MAY be required to reimburse the school board in accordance with the fee schedule. Outside organizations SHALL reimburse the school board in accordance with the fee schedule. For non-school days and mandatory close dates, an additional hour at the room rate is charged for air conditioning preparation.

20. Non-payment: All fees must be paid in accordance with the terms as set forth in the usage agreement. 1-7

a. It is suggested that pre-payment be required for “one-time” renters.

b. Renters that fail to comply with the terms of the agreement shall be denied further use of all school district facilities.

c. If a renter’s payment is rejected due to insufficient funds the renter may not use the facility until debt is settled.

21. Sales Tax: Each renter that is not exempt from paying Florida Sales Tax will be invoiced sales tax on the rental portion of each invoice. The renter must supply a copy of the current exemption certificate to the Finance Department in order to avoid being charged sales tax. Please refer to the Internal Accounts Procedures Manual for instructions on how to pay sales tax collections to the Department of Revenue.

22. Approval Procedure: Organizations/Individuals interested in using a school facility will normally contact the school.

a. Outside Organizations must first register with the Finance Department by using the Volusia County Schools website.

i. On the home page, click on the “Departments” tab.

ii. Under Financial Services, choose “Finance”.

iii. From the Finance Department’s website, choose “Facility Usage” from the menu on the left side of the screen.

iv. On the Facility Usage window, choose the “Facility Usage Hold Harmless Agreement”. Complete, print and sign this form.

v. Submit the Facility Usage Hold Harmless Agreement, a copy of a current certificate of liability insurance with the required coverage, and a copy of a valid Consumer’s Certificate of Exemption (if applicable) to the Finance Department via Email to: Finance@volusia.k12.fl.us or fax: 386-943-3428 or mail: School District of Volusia County Attn: Finance Department P.O. Box 2118 DeLand, Florida 32721-2118

vi. Once the outside organization has been approved by the Finance Department, the organization may contact or submit a Facility Usage Request (also available on the Finance Department’s website) to any school they have an interest in using.

vii. Instructions (Steps to Requesting Use of School Facilities) are available on the Finance Department’s website.

b. School-based organizations may need to be added into EMS by the Finance Department. Please contact Finance for guidance. 1-8

c. VCS employees do not require approval from the Finance Department. When entering a reservation in EMS for school-based events requested by an employee, choose the employee’s name from the “Group” drop down list.

23. Reserving Facilities: Schools use the EMS (Event Management Systems) software to manage the use of their facilities. The software allows the school to view space availability, charge outside organizations rental rates in accordance with the fee schedule and resources (custodial, VCS employee representative, utilities, food, etc.), and send confirmations and invoices via email.

a. The EMS software is programmed to charge outside organizations based on the fee schedule but not to charge school-based organizations or employees.

b. Room rates, custodial fees, VCS employee representative fees, technician fees, lighting charges, air conditioning charges, and sales tax (when applicable) are all programmed into EMS so that the user doesn’t have to calculate anything. If a booking is canceled, EMS will not charge for it.

c. Refer to the remaining chapters of this manual on how to reserve a room, email a confirmation, make cancellations, email invoices, and record payments.

24. Invoicing/Fee Collection:

a. Each school site invoices the renter directly for usage and any other fees (custodial, representative, sales tax, etc) using the EMS software.

i. EMS calculates the charges based on the District’s Facility Usage Fee Schedule and rooms & additional charges (utilities, personnel, etc.) selected.

ii. For details on how to generate invoices via EMS, please refer to the “Billing” chapter of this manual.

b. Upon receipt of payment:

i. Write a receipt to the renter.

ii. Record payment in EMS. For details, please refer the “Billing” chapter of this manual.

iii. Complete a Monies Collected Form and turn in with cash/check and a copy of the invoice to the Internal Accounts bookkeeper. The bookkeeper will deposit the sales tax portion to the sales tax trust account (6700.000) and the remaining amount to the Facility Usage Account (7650.000). If usage income needs to be recorded by separate area used (gym, auditorium, etc) the internal accounts bookkeeper should request extension accounts.

iv. Request payment of district portion (40% of facility usage only). For payment documentation, a copy of invoice can be used. An EMS report can also be generated that will break down an invoice by facility usage, personnel, and sales tax.

v. Send a copy of the invoice or report along with the payment to Finance. 1-9

25. Payment of Employees: Some facility usage is outside of normal business hours and requires school representative(s) to work additional hours outside of his/her normal scheduled hours. These additional hour(s) must be reflected in the appropriate pay period worked so that the employee is paid according to his/her contract.

a. Employees are not to be paid directly from a renter. Payment is to be made from internal accounts – Facility Usage 7650.000 – to the Payroll Department.

b. Each payment must include the employee’s salary plus taxes and benefits.

c. Please note the following excerpt from the AFSCME contract: Article XVI, D – Special Functions, “School Way Café’ employees who work on special functions, funded by a business or agency outside the school system, in addition to their regularly assigned work hours shall be compensated at a rate of time and onehalf (1 1⁄2) of their normal rate of pay. Payment will be made in a timely fashion – not to exceed four (4) weeks.” The overtime is paid regardless if the SWC employee has worked a 40-hour week or not.

d. A Payroll invoice will assist in the calculation of the total due to the district and must accompany the payment. This form can be found and completed on the Payroll Department’s webpage.

e. Questions regarding Payroll Invoices should be referred to the Payroll Department.

26. Use of Income: After expenditures existing as a result of the rental have been paid (payroll invoices, district portion of rental fees and sales tax), income remaining from facility usage may be used for the following:

a. Upkeep or repair of the facility

b. Campus beautification

c. Supplies

d. Authorized salary supplements

e. Student recognition programs and activities f

. Staff recognition program and activities

g. General internal account expenditures which would benefit the student body as a whole