In consideration of the following mutual promises and conditions, the Board and User agree as follows:
1. The Board grants to the User the temporary use of the facilities described on the Facility Use Request, attached hereto and made a part hereof for the purposes, dates and times set forth on said exhibit. Such use shall be in conformance with and subject to the Board's Use of Facilities Policy and to any Administrative Regulations developed pursuant to such policy.
2. Prior to use of Board's facilities, User shall pay to Board the fees set forth in the Facility Use Request.
3. User shall conform to the general conditions of use set forth in this Agreement and the additional conditions of use, and other matters, if any, set forth in the Facility Use Request.
4. User warrants that all information, including the information set forth in any application for temporary use of the Board's facilities, which User may have given the Board in connection with the use of the facilities described on the Facility Use Request, is true, complete and correct.
5. This Agreement shall be deemed dated, and become effective, as of the date on which a duly authorized representative of the Board executes this Agreement, provided such date of execution is later than the date on which the User executes this Agreement.
6. This Agreement shall not be assignable or transferable in any manner without the express written consent of the Board.
7. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Board and the User.
8. The User agrees to provide at its expense general liability coverage under an occurrence basis policy, with minimum limits of $1,000,000 per occurrence and $2,000,000 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 "VIr' or better according to A.M. Best Company. The School Board of Osceola County, Florida, shall be named as Certificate Holder and Additional Insured for claims arising out of any and all facility use under this policy and that the insurance is not cancelable without first giving thirty (30) days written notice to the Board.
9. User hereby agrees to hold harmless and indemnify the Board, its agents, and employees, from and against any and all losses, claims demands, penalties, judgments, court costs, attorneys' fees and liabilities of every other kind and nature in connection with, arising from, or related to User's use of the Board's facility, occupancy of the subject premises, installation, operation or maintenance of any fixtures or equipment in or upon the demised premises, or any negligence or fault of the User in failing to control, monitor or supervise any activity on the premises during the term of the lease of the premises hereunder.
10. Notwithstanding any other provision in this agreement, the User agrees to hold harmless and indemnify the Board from and against any and all losses, claims, demands, penalties, judgments, court costs, attorneys' fees and liabilities of every kind and nature whatsoever which may arise as a result of any employee, agent, member, guest, invitee, licensee or volunteer of the User causing any harm or violating any rights of the Board, or its agents, employees, or any student, parent, guardian, invitee, licensee, visitor or guest on or about the premises of any Board facility or who may otherwise be injured, including but not limited to injury to any civil right protected by law, as a result of or during any use of the facility by the User.
11. The User agrees that it will cooperate with the Board, school principal or designee of either of them when any of said Board representatives shall direct the User to remove any employee, agent, member, guest, invitee or licensee of the User from the facility. Such direction to remove may be given in the sole discretion of the Board or its designee so long as the Board or its designee shall require such removal in the interest of the educational program, or the safety, health, welfare or security of any student, parent, guardian, guest, invitee, licensee, employee or agent of the Board.
12. Risk of any loss to User's property shall be entirely upon User. User may not store any equipment, material or other matter in Board's facilities without express written approval from the Board.
13. No equipment, material or other matter which presents a health or safety hazard to persons or property may be brought upon the Board's facility. The use of open flames, makeshift electrical wiring, flammable and/or caustic materials and the like are prohibited.
14. All persons using the Board's facility pursuant to the Agreement shall confine themselves to the area of the facility for which temporary use has been granted to User.
15. The use of any form of tobacco, illegal drugs, liquor, profane language, obscene materials or acts, gambling or violence is prohibited.
16. Food or beverages may not be used without express written approval from the Board.
17. Equipment, material or other matter owned by the Board may not be used or removed without express written approval from the Board.
18 Prior to the termination of the temporary use, unless other arrangements are expressly approved in writing by the Board, all equipment, material and other matter brought upon the facility by User shall be removed and the facility cleaned up and restored to the condition in which it was provided.
19. User shall at all times provide sufficient supervision of its activities to insure compliance with this Agreement. The Board may, but has no duty to, require additional supervision, including police supervision, as it deems appropriate for protection of the facility and other Board property and to determine User's compliance with this Agreement.
20. Electrical equipment shall not be operated without express written approval from the Board.
21. Use of a facility may be terminated by the Board in the event of any emergency, and breach of this Agreement, or in the event that the facility is required for any Board program which cannot reasonably be held at another time and place.
22. The User agrees that if the standard fee schedule changes during the period of time for use reserved hereunder, that any increased fees shall be due and payable at the time they become effective.
23. The maximum capacity of the facility, as set forth in the Facility Use Request to this Agreement or as otherwise set forth by the Board, shall not be exceeded.
USER GROUPS and FEES
BOARD APPROVED APRIL 21, 2009
The groups are listed in order of the priority given to each group. That is, an organization classified as a User Group 1 applicant would be given priority over and organization classified as a User Group 2 applicant. The groups identified under each User Group are provided as examples and not intended to be an exclusive list. The types of fees assessed for each group are also listed.
User Group 1 – School Groups
(Priority 1 Scheduling)
User Group 1 includes organizations that serve the students, parents, and teachers of the School District of Osceola County. User Group 1 applicants are not required to pay for use, utilities or personnel costs; the only exception to this would be when a school employee is required to work overtime to accommodate another schools use or when any of the district’s Performing Arts Theatre Manager’s are required to hire additional staff to support a school function. In this case, the School or organization seeking use is responsible to reimburse these costs to the facility being used.
(School Approved Clubs/Activities, School Directed FHSAA Activities, PTA/SAC Meetings, Booster Clubs, District In-Service Workshops)
User Group 2 – School Related Groups
(Priority 2 Scheduling)
User Group 2 consists of students, employees or parents who are participating in an activity that does not directly relate to school activities but enhances the school or provides a definite educational service to the students of that school. Youth Organizations are defined as secular and non-secular organizations that provide moral and character development programs that are consistent with the School District of Osceola County character development curriculum. This Group is responsible to pay all required utility fees and school personnel costs when the use takes place outside the normal hours of operation.
(Celebration Residential Owners Assoc., Osceola Classroom Teachers Assoc., Little League, Boys Club, Youth Organizations, Osceola Co. Administrators Assoc., Charter Schools, Girls Club, Boy Scouts of America, Junior Achievement, 4-H Clubs, Girl Scouts of America, Soccer Clubs, Campfire Girls)
User Group 3 – Non-Profit Organizations
(Priority 3 Scheduling)
User Group 3 consists of local civic, fraternal, and governmental and community oriented groups whose sole purpose is providing a service for students and parents of the community. Activities exempted include: town meetings sponsored by a municipality, voter precincts and public hearings. These exempt activities are assessed at a User Group 1 level. This Group is responsible to pay all required school personnel and utility costs when the use takes place outside the normal hours of operation.
(City Parks & Recreation, School Alumni Organizations, Business Partners, Community College, AAU, County Parks & Recreation, Grant Funded Tutoring, Town Hall Meetings, University, Neighborhood Watch, Grant Funded Enrichment, Voter Precincts, Chamber of Commerce , Homeowners Associations, Church Groups, Public Hearings, Drum Corp International)
Facility Use Fee
Equipment Use Fees
Security and Damage Deposit
User Group 4 – For-Profit Organizations
(Priority 4 Scheduling)
User Group 4 includes those citizens, associations, clubs or other organizations who wish to use school facilities for commercial, for-profit purposes.
(Recreation, Artistic, Disney, Education, Adult Athletics, Weight Watchers, Political, Economic, Non-Osceola Student Athletics, ESPN)
Facility Rental Fees
Equipment Use Fees
Security and Damage Deposit
User Group 2, 3 and 4 pay sales tax. A 7.0% Sales Tax is charged on the following fees: rental, facility use, utilities and equipment, unless an organization provides a copy of a valid Florida Sales Tax Certificate of Exemption to Risk & Benefits Management.
NOTE: A Federal Tax Exemption number does not apply to State of Florida Sales Tax Exemption.
Security and Damage Deposit
User Groups may be required to pay a Security and Damage Deposit at the discretion of the Site Administrator. A Security and Damage Deposit of 1⁄2 of the TOTAL FEE may be required for all first time users and user groups larger than one hundred in attendance. A Security and Damage Deposit of 1⁄2 of the TOTAL FEE for previous users may be required based on past damage occurring during their contract. The School will provide receipts to the organization for proof of repairs or replacements.
Insurance and Indemnification
Unless stated otherwise, all non-governmental Group 2, 3 and 4 users shall provide a certificate of insurance evidencing general liability coverage under an occurrence basis policy, with minimum limits of $1,000,000 per occurrence and $2,000,000 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 School Board of Osceola County, Florida, shall be named as Certificate Holder and Additional Insured for claims arising out of any and all facility use under this policy.
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(18), all Group 2, 3 and 4 users shall agree to defend, indemnify, and hold harmless the School Board of Osceola 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.
"The School Board of Osceola County, 817 Bill Beck Boulevard, Kissimmee FL 34744" shall be named as "Certificate Holder" and "Additional Insured" for claims arising out of any and all facility use under this policy.
Agencies or organizations with outstanding balances greater than 30 days shall not be permitted to lease facilities until the balance is reconciled. Past due notices will be mailed out and Schools will be notified of those groups that have not paid.
Corrected or Changed Invoices
Corrections, cancellations or changes for existing charges must be verified by the School’s Facility Use contact person and sent via e-mail to Risk & Benefits Management.
Adjustments must be made for any event within 30 days of the occurrence.
Fees & Fee Waivers
School Groups requesting the use of their own facility will not be charged any fees.
School Groups requesting the “Cross Use of Schools” will be charged the Personnel Costs when a school employee is required to work or hire additional staff to accommodate another schools use.
School Related Groups requesting the use of a facility will be responsible to pay all required school personnel costs and utility fees when the use takes place outside the normal hours of operation.
Use Fees for Non-Profit Groups may be reduced or waived by the Site Administrator; however, Utility Fees and Personnel Costs cannot be waived or reduced.
Rental Fees for For-Profit Groups may be reduced by the Site Administrator, but must be approved in advance by the Superintendent or his designee; however, Utility Fees and Personnel Costs cannot be waived or reduced.
Groups with other agreements with the School Board will follow the rules outlined in that agreement and will not be bound by these rules.
The School District of Osceola County, Florida COVID-19 Guidelines
The School District of Osceola County has implemented a number of new safety measures based on guidance from health authorities, such as the Centers for Disease Control and Prevention (CDC) and appropriate government agencies.
Facility use renters must comply with the six (6) key elements when renting SDOC property and they include:
● Limited Parking and reduced entrances;
● Temperature screenings prior to entry (is recommended for the vendor to conduct);
● Face coverings required for guests ages 3 and up;
● Physical distancing practices including physically-distanced queues and physical barriers;
● Temporary operation modifications, including reduced hours at select locations and high-touch interactive areas;
● An increased focus on disinfecting and sanitation of areas of use.
By agreeing to these terms, you and your organization will comply with these regulations.
These guidelines must be followed or your facility use will be canceled with no reimbursement of fees paid.