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APPLICATION FOR USE OF SCHOOL BUILDING FACILITIES OF THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

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APPLICATION FOR USE OF SCHOOL BUILDING FACILITIES OF THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

If approved, this application will be subject to the conditions of the use agreement on the back of this form and to the charges indicated by separate sheet. Read the conditions of this agreement carefully before signing the agreement.

Date Applied---(Must be completed and submitted 10 days prior to use) Name or School/Facility _____________________ Category of User (I, II, Ill, or IV see back for explanation) ____ _

Name or Organization Making Application---

Name of President---Phone No. (_) ___ -___ _

Purpose and Description of Use---

Organization Website Address _________________________ _ E-mail address ____________ _

Please check O Yes or O No below:

Will there be an admission charge? D Yes D No Anticipated Attendance ____________ _

Are sole participants eligible to attend grades K-12? D Yes D No Do some or all participants attend BPS schools? D Yes D No Does your organization have a certificate of not-for-profit status from the Internal Revenue Service (IRS)? D Yes D No

Do you want to use the building without heating or air conditioning to reduce the cost of use? D Yes D No

Dates of Use Days of Week Hours of Use by Applicant

s

M T

w

TH F

s s

M T

w

TH F

s s

M T

w

TH F

s s

M T

w

TH F

s

CHECK SPACE NEEDED D Classroom(s) ___ (qty)

D Stadium

D Performing Arts Theatre

D Kitchen D Track

D Teacher workroom

D Cafetorium/Auditorium D Ball Field

D Ball Field lights D Other ___________________________ _ In addition to the terms listed on the back of this form, the User shall:

From: To:

From: To:

From: To:

From: To:

D Gym

D Portable(s) ___ .(qty) D Multi-Purpose Room

a. Indemnify and hold the School Board of Brevard County, its agents, servants, and employees; harmless from all liability for any injury or damage which occurs on any property or in any facility made available to the User by the School Board pursuant 10 this agreement and which occurs during the course of any program or activity sponsored by the User. This agreement to indemnify and hold harmless incluJes an obligation to indemnify and hold the School Board of Brevard County harmless for liability for any negligence on the party of the School Board. The User's promise to indemnify and hold harmless also includes an obligation to assume full responsibility and expense of investigation, litigation, judgment, and/or settlement of any complaint, claim, or legal action.

b. If the user is a public entity as defined in Florida Statute (F.S.) and is protected by the State's Sovereign Immunity Laws as found in F.S. §768.28, the user shall indemnify the School Board for all exposures as described in (a) above as permitted by this statute.

C. Furnish a Certificate of Insurance naming the School Board of Brevard County as certificate holder and additional insured with general liability limits of at least $1,000,000 per occurrence. Public entities shall submit a certificate outlining their coverages and adjusting company policy numbers.

I, ______________ , an officer and/or authorized representative of

organization, am empowered to enter into contracts and having read this agreement and conditions on the backside, do hereby agree to abide by said conditions.

Signature of Officer and/or Authorized Representative--- Address ___________________________________________________ _ Authorized Representative's E-mail address __________________________ Phone No. (_) ___ - ___ _ Signature of Witness ___________________________ Application 11111st be fully complete,/, signed, and witnessed

ALL FACILITY USE AGREEMENTS EXPIRE JUNE 30 EACH YEAR

NOTE: Before this agreement becomes effective, it must bear the signature of all parties below.

Approved by Principal/Designee Last Revised: 05/2022

Approved by Risk Manager/Designee

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CATEGORY OF USER CATEGORY I:

Any District owned and operated school/department, support/fund raising organization to a District owned and operated school/department, or group/company contracted by a District owned and operated school/department that provides the delivery of educational services and programs to district students or employees. None of these organizations are required to pay for facility use, utilities, or personnel costs; the only exception to this would be when a school employee is required to work overtime to accommodate another school's use of the facility or when any of the District's performing arts theatre managers are required to hire additional staff to support a school function. Users must complete a facility use agreement form. All groups/companies contracted by a school or department must complete a use agreement and submit a certificate of insurance.

CATEGORY II:

Any of the following organizations whose participants include students that attend District owned and operated schools: Government youth organizations, not­

for-profit and non-District related (NFP/NDR) community youth educational or recreational activities, NFP/NDR national or local youth clubs or groups, NFP/NDR youth athletic teams, NFP/NDR youth service clubs conducting general recreational activities, NFP/NDR entities that provide students with community service hours for their assistance during fund raising activities on campus, parent initiated student clubs that meet on campus, community affairs, or public hearings for which no admission charge is made during the use of the school facilities. All users must complete a facility use agreement form and submit a certificate of insurance. In addition, these groups must pay a facility use fee and all utility expenses, as well as. required school personnel and/

or any additional clean-up costs when the use takes place outside the normal school day.

CATEGORY Ill:

Public or private charter schools, parochial schools, out of county/state schools using facilities without district participation, organized home school associations, youth organizations that do not present evidence of not-for-profit status, governmental agencies or governmental direct support agencies, community or homeowner groups, churches, not-for-profit/non-youth clubs or organizations, non-school related labor unions, for-profit school age participant only organizations, or other for-profit organizations that need space for a periodic event where use of school property is not the main source of income (less than twenty-five percent (25%) annually for the business. Businesses can or that:

a. can charge participants a fee, tuition, collect donations, contributions, or offerings;

b. can conduct fund raising activities, meetings or services for non-profit organizations, child centered organizations, religion, or ideology; or c. do not meet the criteria as Category I or Category II user.

All users must complete a facility use agreement form and submit a certificate of insurance. In addition. these groups must pay a facility use fee and all utility expenses, as well as, required school personnel and/or any additional clean-up costs when the use takes place outside the normal school day.

CATEOGRY IV:

For-profit business enterprises or other similar ventures that utilize school property for a large percentage (twenty-five percent (25%) or more) of its annual revenue or any organization that does not meet the criteria listed in Categories I, II, or Ill as described above. These organizations may utilize district buildings and property and as such, use may have the potential to earn a profit or loss from their use of District facilities. All users must complete a facility use agreement form and submit a certificate of insurance. In addition. these groups must pay a facility use fee and all utility expenses. as well as. required school personnel and/or any additional clean-up costs when the use takes place outside the normal school day.

For a more detailed description of each category, please refer to the following website: https://neola.com/state/florida/brevard or Board Policy 7510 - 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 to 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.

Last Revised: 5/2022 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 delivers 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 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 participant may go with or without permission.

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