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HomeMy Public PortalAboutOkaloosa County School District Facility Use - NorthwoodMIS 4053 REV 10/18 Page 1 of 4 OKALOOSA COUNTY SCHOOL DISTRICT RISK MANAGEMENT SCHOOL/FACILITY USE CONTRACT THIS CONTRACT IS MADE and entered into this 17th day of November , 20 22 , between the SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA, (hereinafter referred to as the "SCHOOL BOARD" and/or "DISTRICT") and City of Crestview (Organization) whose address is 198 North Wilson . (hereinafter referred to as "USER") for use of Northwood Elementary School (School Name) under the following conditions: Gym (School Facility) 1) Deposit and Rental Fee: The USER agrees to pay the SCHOOL BOARD, at the time of signing this contract, a deposit of $ o.00 . The deposit, at the discretion of the Principal/Site Administrator, may be forfeited if for any reason the date is cancelled or changed by the USER and/or there is property damage to SCHOOL BOARD facilities or property. The total deposit paid will be deducted from the total charge unless a portion of such deposit has been forfeited. The USER agrees to pay the SCHOOL BOARD a total facility use fee for the use of the above described facility in the sum of $ o•oo . The facility use fee does not include any charges for security services which must be paid by USER separately. The SCHOOL BOARD requires that all charges due for the use of school facilities be paid in advance of the date such facility is to be used. 2) The USER shall: a) HOLD HARMLESS: The USER shall indemnify and save harmless THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA, and its officers, employees and agents from all loss, cost,and expense arising out of any liability, or claim of liability, for injury or damages to persons or property sustained or claimed to have been sustained by anyone whomsoever, by reason of the use and occupancy of the facilities herein above described, whether such use is authorized or not, or by an act or omission of USER or any of it's officers, agents, employees, guests, patrons, or invitees and USER shall pay for any and all damages to the property of the SCHOOL BOARD, or loss or theft of such property, done or caused by such persons. In the event that the facility or any part thereof is damaged by fire or if for any reason, including strikes, failures of utilities, any act of terrorism, any takeover of the property by state or federal emergency operations teams or any act of God, which, in the judgment of the SCHOOL BOARD, renders the fulfillment of this Facility Use Contract by the SCHOOL BOARD impossible, the USER hereby expressly releases, discharges, and will indemnify and save harmless the SCHOOL BOARD and its employees and agents from any and all demands, claims, actions and causes of actions arising out of any of the causes aforesaid. b) JNSURA]NCF,: At its sole cost and expense, procure and maintain through the term of this contract, the following insurance: MIS 4053 REV 10/18 Page 2 of 4 I. Comprehensive General Liability - insurance against claims for bodily injury or death and property damage occurring in or upon resulting from the premises/facility leased hereunder, such insurance shall afford immediate protection to the limit of not less than $1,000,000 (one million dollars). Such insurance shall include Blanket Contractual Liability coverage and Independent Contractors Liability, which insures contractual liability in the indemnification of SCHOOL BOARD by the USER, set forth above. For more details on the SCHOOL BOARD'S insurance requirements, contact the DISTRICT'S Risk Management Department at (850) 833-3190. H. Workers' Compensation - Florida statutory limits plus Employers Liability limits of at least $500,000, for USERS that have their employees working at the premises/facility leased during their event. Products Liability - If products are dispensed or sold by the USER. III. The General Liability Certificate should name the SCHOOL BOARD of Okaloosa County, Florida as additionally insured. IV. A certificate evidencing such insurance coverage must accompany the signed contract and deposit. c) Obtain at USER'S cost and expense any and all licenses or permits required by law or ordinance. d) Accept the facilities as they are at the time of occupancy. Removal or change of location of any appliance or equipment occasioned by the USER'S use of the SCHOOL BOARD facilities, shall be made by USER at USER'S expense, but no such removal or change shall be made without prior written approval by the PrincipaUSite Supervisor. Any appliance or equipment removed or relocated by USER shall be replaced as found. e) Not remove equipment or furnishing from the facility under any condition. f) Arrange and be responsible for all deliveries of equipment, properties, scenery, etc., subject to the approval of the Principal/Site Supervisor. 3) The SCHOOL BOARD shall: a) Furnish light, heat and water by means of appliances installed for ordinary purposes, but for no other purposes. The SCHOOL BOARD shall not be responsible or chargeable for interruptions, delays or failures in furnishing any such utilities due to causes beyond the control of the SCHOOL BOARD. b) Assume no responsibility whatsoever, for any property placed in said facility, and SCHOOL BOARD is hereby expressly released and discharged from any and all liabilities for any loss, injury, or damages to person or property, that may be sustained by reason of occupancy and use of said facility under this Facility Use Contract. Any property left in the facility by the USER shall, after a period of ten (10) days from the last day of tenancy hereunder, be deemed abandoned and become the property of the SCHOOL BOARD to be disposed of or utilized at the SCHOOL BOARD'S discretion. c) Reserves the right in the exercise of discretion, to rescind and cancel this Agreement at any time. 4) The authorized use of SCHOOL BOARD facilities shall be subject to the following regulations: a) Facilities shall be used by USER only during the hours and on the dates specified in the Application. b) The USER shall not assign the approved Application for use of SCHOOL BOARD facilities or sublet the facilities designated in such Application, or use said facilities or any part MIS 4053 REV 10/18 Page 3 of 4 thereof, for any purpose other than set out in the Application, without written consent of the SCHOOL BOARD. c) USER shall not use or store, nor permit to be used or stored, in or on any part of SCHOOL BOARD property, any substance or thing prohibited by law or ordinance, or by standard policies of fire insurance issued by companies operating in Florida, or, without permission from the PrincipaUSite Supervisor, any illuminating oils, candles, oil lamps, turpentine, benzene, naphtha, or similar substances, or explosives of any kind. d) USER shall not bring, keep, possess or use thereon, or permit others to do so, any intoxicating beverages, drugs, weapons or gambling devices on SCHOOL BOARD property. e) Smoking is not permitted on SCHOOL BOARD property. fj District reserves the right, through its representatives, to eject any objectionable person or persons from said facility, and upon the exercise of this authority, through its representatives, agents or policemen, USER hereby waives any right and all claims for damages against the SCHOOL BOARD, or any of its agents. g) The USER and anyone in that organization may utilize only those areas assigned to them and reserved for them in the facility. h) At the discretion of the Principal/Site Supervisor, security personnel may be required for an event. When required, the PrincipaUSite Supervisor will determine the number of security officers needed. The USER will contract for and pay the necessary costs for the security service. Security personnel shall be certified law enforcements officers with arresting powers. The names of the security personnel working the event shall be provided to the PrincipalSite Supervisor prior to the event. i) SCHOOL BOARD personnel, on official business, shall have access to the facility at all times. j) The USER shall not damage, or allow to be damaged, the said facility or any fixture or personal property located therein; in the event of any damage thereto, the USER shall promptly restore the premises/facility or property to its original state, or repair, or pay the SCHOOL BOARD for such damages. Any missing property, or furnishings such as, but not limited to, lighting equipment, furniture, and sound system, incidental to a rental will be replaced, or paid for by the USER to the satisfaction of the SCHOOL BOARD. The person signing the Application assumes full responsibility and assures that no damage or loss will occur to the meeting space, furnishings, or equipment. k) No pets or animals are allowed on SCHOOL BOARD property except for service animals and police/rescue dogs. 1) No event, meeting, or entertainment may be held for the purpose of advancing any doctrine or theory subversive to the United States of America. m) If a scheduled meeting, class, or event is cancelled, the PrincipaUSite Supervisor should be notified immediately so that the facility can be made available to other groups. The Principal/Site Supervisor must receive notice of intent to cancel at least 24 hours prior to the event in order toissue a refund. A1O% processing fee will be assessed. n) The USER will promptly remove all decorations, balloons, tape and etc. All tape must be removed from the tables, including the underside and from any and all other surfaces where applied. The prompt removal of all decorations must be done prior to the end of the reserved time slot, on the day the facility is used. Arrangements must be made in advance with suppliers for all equipment to be picked up before the beginning of the next school day or as determined by the Principal/Site Supervisor. £25.00 fee w,be adde&for leaviug said items in the bulling after closing time. o) Attendance to any meeting or event must not exceed the maximum facility capacity as specified by the State of Florida Fire Marshal. p) The SCHOOL BOARD shall not be responsible for the payment of any taxes arising out of or connected with the use of the facility by the USER. The USER shall be responsible and MIS 4053 REV 10/18 Page 4of4 required to pay to the SCHOOL BOARD an amount sufficient to discharge all taxes that may arise. q) The USER shall use and occupy said facility in a safe and careful manner and shall comply with all applicable municipal, county, state and federal laws, ordinances and rules and regulations as prescribed by the fire and police departments and other government authorities, as may be in force and effect during the tenancy period. It is understood and agreed by and between the parties that the SCHOOL BOARD is the owner and operator of the premises/facility. No performance shall be conducted or allowed in the facility which is, according to the laws of the State of Florida or the ordinances of Okaloosa County, illegal, indecent, or immoral, and no performance shall be conducted or allowed by law or ordinance which is obscene to minors under the age of 18 years, or which is prescribed by law as harmful to minors. The USER agrees to take full and absolute responsibility for compliance with this provision; and to assume and bear all liabilities, which may arise from or produced directly or indirectly by any performance in violation of this performance. r) In the event either party hereto shall commence any civil action against the other to enforce or terminate this Agreement, the prevailing party in such civil action shall be entitled to recover from the other party, in addition to any other relief to which such prevailing party may entitled, all costs, expenses and reasonable attorneys fees, direct and on appeal, incurred in connection with such litigation and the default and the default by the non - prevailing party. s) This agreement and the rights and obligations of the parties hereunder shall be construed in accordance with the laws of the State of Florida. t) Violation of any of these established policies or rules will result in the loss of all present and, possibly, future privileges. SJ Charges for custodians and food service personnel (if kitchen/serving area is reserved) are determined by the personnel needed at an hourly rate, i.e., to include tax and benefits and overtime pay if necessary. Arrangements for custodial and food services must be coordinated by USER through the Principal/Site Supervisor or their designee. 6) The Application and provisions of this Agreement shall constitute the total understanding between the parties and shall be binding upon all parties upon the execution by the Principal/Site Supervisor. The School Board of Okaloosa County, Florida By; Date: -eJ2Q(_1 Signature (Principal/Site Supervisor) For: City of Crestview Signature Print Name: Tim Bolduc Title: City Manager Date: November 17, 2022 d CERTIFICATE OF COVERAGE Certificate Holder Okaloosa County School District 500 Alabama St /Hew FL 32536 Administrator Issue Date 11/15/22 Florida League of Cities, Inc. Department of Insurance Services P.O. Box 538135 Orlando. Florida 32853-8135 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMBIT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0124 COVERAGE PERIOD: FROM 10/1/22 COVERAGE PERIOD: TO 10/1/23 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY General Liability O Comprehensive General Liability, Bodily Injury, Property Damage, Personal Injury and Advertising Injury �( Errors and Omissions Liability ® Employment Practices Liability Q Employee Benefits Program Administration Liability O Medical Attendants'/Medical Directors' Malpractice Liability ® Broad Form Property Damage Q Law Enforcement Liability Q Underground, Explosion & Collapse Hazard Limits of Liability * Combined Single Limit Deductible N/A ❑El❑©©®© TYPE OF COVERAGE - PROPERTY ® Buildings © Basic Form Q Special Form ® Personal Property ❑ Basic Form ❑X Special Form Agreed Amount Deductible $500 Coinsurance 90% Blanket Specific Replacement Cost Actual Cash Value Miscellaneous ® Inland Marine Electronic Data Processing ® Bond Automobile Liability Limits of Liability on File with Administrator ® All owned Autos (Private Passenger) © All owned Autos (Other than Private Passenger) El Hired Autos Non -Owned Autos Limits of Liability * Combined Single Limit Deductible N/A Automobile/Equipment - Deductible ® Physical Damage Per Schedule - Comprehensive - Auto Other TYPE OF COVERAGE - WORKERS' COMPENSATION © Statutory Workers' Compensation ❑X Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease El Deductible N/A ❑ SIR Deductible N/A Per Schedule - Collision - Auto Per Schedule - Miscellaneous Equipment * The limit of liability is $200,000 Bodily Injury and/or Property Damage per person or $300,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to $1,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability/settlement for which no claims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/Locations/Vehicles/Special Items RE: Coverage Verification THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Designated Member Cancellations City of Crestview P.O. Drawer 1209 Crestview FL 32536 SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAI W RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM, ITS AGENTS OR REPRESENTATIVES. FsrrCERT (10/2011) AUTHORIZED REPRESENTATIVE Facility Use Northwood Elementary School — Gym Attachment A 1. City of Crestview will use the gym Monday through Saturday Exceptions • Richbourg has an event on Dec. 3. • A group of special need parents have the gym on the second Monday of each month. Today 11/14 is the first meeting date. • Science night is Jan. 24. • Crestview High School has the gym Jan 27(after 6:30) and all day. Jan 28. 2. Monday through Friday time slot will be 6:15 pm - 9:15 or 6:30pm-9:30pm 3. Saturday time slot 8:00 am — 4:00 pm 4. City of Crestview will have paid staff on site during the practice times. 5. Only City of Crestview staff person will have a key. 6. The facility will be cleaned, and restrooms cleaned prior to leaving each time. 7. The city will provide a Certificate of Insurance naming the OCSD additionally insured. 8. Any and all OCSD functions will take precedent over city use. 9. City of Crestview will utilize the gym from November through March City of Crestview Representative