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Agenda 04/08/2014 Item #16A184/8/2014 16.A.18. EXECUTIVE SUMMARY Recommendation to sign a lease agreement with the Collier County School District to allow for a Planning Commission meeting to be held at the Immokalee High School auditorium on April 29, 2014. OBJECTIVE: To seek authorization from the Board of County Commissioners (Board) to direct the BCC Chair to sign a lease agreement with the School District to secure the Immokalee High School Auditorium for an April 29, 2014 Collier County Planning Commission (CCPC) meeting. CONSIDERATIONS: The Growth Management Division (GMD) has received an application to amend the Immokalee Area Master Plan (GMP- amendment) and a companion Commercial Planned Unit Development (CPUD) application, proposing a large format retail establishment. Due to the significance and potential impact the proposal is anticipated to have on the Immokalee Community, through co- ordination with the CCPC, it has been decided to hold the transmittal hearing for the applications in the Immokalee Community. This decision will allow for a greater number of residents to provide input upon the proposal. At the required neighborhood informational meeting for the petition held in Immokalee, over 300 individuals attended. Based upon the anticipated number of attendees, the County has been in co- ordination with the School District to secure the Immokalee High School auditorium to host the April 29t" special transmittal hearing. The specifics of that coordination have reached a satisfactory conclusion and staff is requesting the Board direct the Chair to sign the School Facilities Lease Agreement attached to this executive summary. (Exhibit "A") FISCAL IMPACT: The standard rental rate of $173 per hour will be charged for the meeting which is anticipated to last three hours. The necessary revenue required to satisA, the cost associated with the rental has been budgeted within the Comprehensive Planning Cost Center, I l 1- 138317. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legal], sufficient, and requires a majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: The requested action will have no impact upon the GMP, but will provide the Immokalee Community better access to the Growth Management amendment and PUD public hearing process. RECOMMENDATION: That the Board authorizes the Chair to sign the School Facilities Lease agreement between the School District and the County for the CCPC, April 29, 2014, special transmittal hearing in Immokalee. Prepared by: Mike Bosi, AICP, Planning & Zoning Director, Growth Management Division Attachments: Exhibit "A" — School Facilities Lease Agreement Packet Page -928- 4/8/2014 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.18. Item Summary: Recommendation to sign a lease agreement with the Collier County School District to allow for a Planning Commission meeting to be held at the Immokaiee High School auditorium on April 29, 2014. Meeting Date: 4/8/2014 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 4/2/2014 2:26:03 PM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 4/2/2014 2:26:03 PM Approved By Name: OchsLeo Title: County Manager, County Managers Office Date: 4/2/2014 3:37:42 PM Packet Page -929- 4/8/2014 16.A.18. Exhibit "A" Lease Agreement Number: J SCHOOL, FA _rr.t�S FACF A R FI►i THIS LEASE, entered into this day of 20 14 , by and between the School District of Collier County, Florida, hereinafter referred to as the District, and 0 ler OUn y{— �fpyyth Management Division referred to as the User• 'rrian uag t Lonin ll herein after , g 8 apartment, mgr ensaaeTF al r�nutg s,,ectiont I WITNESSETH: The parties to this lease have agreed that the following terms and conditions shall be applicable to the lease of any of the District facilities described herein. I. School Board Policy No. 7510 as amended and the implementing procedure (see attached) shall be incorporated by reference into this lease, and the patties agree to be bound by the terms and conditions found herein. 2. The following information is presented by the User in order to obtain the requested facilities and the User affirms that said facts art true and correct to the best of its knowledge and belief: Name of School: Imrnokalee High School Is meeting free to public: Yes Dates Requested: An 4 — What price is charged to attend: Number of Meetings: One Name of User's President: Hours of Use: 5:00 0 Phone Number of User's President: (Please use hours: Example 4 p.m. to 6 p.m.) Name of User's Treasurer: Anticipated Attendance: 400 Phone Number of User's Treasurer: Purpose of Use: CC Planning omMl$S10h P Users Email Address: Furnishings or Special Preparations Needed: Please Check (x) Facilities Needed: Classroom Basic or Portable Cafeteria/Multi- Purpose Room Q Auditorium (All High Schools Q Football/Soccer/Track (no lights) Small Multi - Purpose Room ❑ Media Center except Gulf Coast) ❑ Auditorium (Gulf Coast High) (] Football/Soccer/Track (with lights) Softball/Baseball Field (no lights) ❑ Gymnasium (Middle School) Ad Center Board Room Ad Center Training oom g So Field (with lights) ❑ Gymnasium (High School) Resource Room Practice Field Sorage Field Storage Closet User is a corporation, association, or entity lawfully authorized to enter into this lease agreement. User further agrees that it will use the premises in an appropriate mariner consistent with applicable laws, State Board of Education Rules, the policies and procedures of the District School Board of Collier County School Board and the directions of the facilities administrator in charge of the facilities being leased. User is responsible for compliance by all persons covered by this lease with Florida State Statutes #1012.465. NOTE: Automated External Defibrillator (AED) may not be available during non- school hours. Joanne Markiewicz 280D N. Horseshoe Dr. _Naples. FL 34104 239 -252 -2387 PRINT NAMEDirmtor, Procurement ADDRESS CITY /STATE ZIP PHONE NUMBER Services User Signature Principal or Designee Superintendent or Designee Before this lease becomes effective, it must bear the designated signatures of all parties, including the Superintendent or Designee. ALL leases expire June 30°i, Continuous leases MUST be renewed prior to June I. Approved as to form and legality: P5 Assistant County Attorney please do not write below this line) ALL Please Attach: • Certificate of Liability Insurance • Tax Exemption Certificate (ifapplicable) • One of the following methods of demonstrating non -profit status: 1) Consumer's Certificate of Exemption with Category 501(03 Organization Exemption; 2) Active registration under Sunbizorg • Category "Cl ", "C2" or "C3" Form (if applicable) • Crowd Manager Certification or Waiver Form env Rental Fee Number of Uses _x S per use = Total Rental Fee Sales Tax of Tax Exempt I.D. # -Total Saks Tax Deposits -Total Deposits Additional Charges - Total Other Fees Other Special Fees = Total Special Fees Check # - Total Grand Total wrtw Rev. 11/12/2013 r v: ractnnes Management Department; Accounting Department; School; User n ApP1 i cable mils +ricf PfOCedure az shown in +h r- attached q markup doeurn an+.CA menf�.] Packet Page -930- 4/8/2014 16.A.18. 4112014 7510 - USE OF DISTRICT FACILITIES The School Board of Collier County Administrative Procedures 7510 - USE OF DISTRICT FACILITIES PURPOSE The purpose of this procedure is to establish the rules, conditions, and fees under which District facilities including grounds may be used in accordance with School Board Policy 7510. PROHIBITED USES A. District facilities shall not be used by any organization, group, or entity that discriminates on the basis of race, color, sex, age, religion, disability, national origin, and/or marital status (Policy 2260.03). B. In accordance with Policy 7510.02, Use of District Facilities for Gain, District facilities may not be used by businesses, prorate individuals, or students or employees for personal or private financial gain. C. District facilities shall not be used for any use inconsistent with Board policy, administrative procedures, and State or Federal law. D. District facilities shall not be used for any activity which would damage school facilities or grounds beyond normal wear and tear or for any activity which would interfere with District activities or operations. SCHEDULE OF FEES The Superintendent shall develop and approve a schedule of fees for the use of District facilities, as set forth in Exhibit A. The Superintendent may adopt changes to the schedule of fees as appropriate. The schedule of fees shall consider costs associated with the use of District facilities such as, custodial services, energy consumption, maintenance and repair (particularly of athletic facilities). The schedule of fees shall be applied to the categories of users as follows: ELIGIBLE USERS AND APPLICABLE FEES A. Category A lasers: District sponsored student groups, clubs, or programs. 2. District sponsored parent groups, such as the School Advisory Council (SAC) and parent /teacher organizations, such as the PTO, PTA, and Booster Clubs. httpltwmv.neola.cot-Ncollier-fl/searcfVAP/ap7510.htm Packet Page -931- G 1/13 411/2014 7510 - USE OF DISTRICT FACILITIES 4/8/2014 16.A.18. 3. Board and District schools and administrative offices that may require use of a District facility for mission - related activities or functions. Fees - No fee shall be charged. B. Category B Users: 1. Governmental agencies, such as local municipal, county, State, and Federal agencies. 2. Public meetings sponsored by governmental agencies. 3. State universities and colleges and community colleges. 4. Athletic, recreation, or other programs sponsored or supported by local govemmental agencies. Fees 1. No rental fee shall be charged to Category B users when reciprocal use agreements exist between the District and the user and when the value of the reciprocal uses is approximately equal, however, applicable custodial, A/V technician and other fees shall be charged at the full rate. 2. In the absence of reciprocal use agreements, or in the event that the value of the reciprocal uses is not approximately equal, the Superintendent is authorized to negotiate and approve a fee that is acceptable to both parties. 3. No rental fee shall be charged for athletic, recreation, or other programs sponsored or supported by local governmental entities, however, applicable custodial, A(V technician and other fees shall be charged .at the full rate. C. Category C1 Users: Not - for - profit organizations qualified under State or Federal law, student groups and clubs that are not District sponsored and parent groups that are not District sponsored which meet the following criteria: 1. they primarily serve District students of compulsory school attendance age; httpJ &%ww.neol&r- orNcol I ier- 11 /searctVAP /ap7510.htrn Packet Page -932- 2J13 4/1/2014 7510- USE OF DISTRICT FACILITIES 4/8/2014 16.A.18. 2. their primary aim is the development of educational, athletic, social, and /or self - improvement skills; 3. they charge no fees other than normal membership dues and costs of any supplies and materials that the students may consume in the program /event; 4. the frequency of use of District facilities is no more than twice per week; 5 the organizers, supervisors, administrators and any other people involved with the event or program are unpaid volunteers, however, referees may be paid for sporting events and programs; and 6. they have signed a Certification Form (Form F1) stating that the organization meets all the requirements to qualify as a Category C1 user. Fees - No rental fee shall be charged, however, if the entire proposed use does not occur when school personnel or custodians are normally present or school personnel, approved by the applicable principal are present during the time of use, the organization shall be charged custodial fees at the full rate. A/V and other applicable fees shall be charged at full rate. In the event that a third use is required and approved, the user shall be charged for every use that week. Category C2 Users: 1. Not- for -profit organizations qualified under State or Federal law which meet all of the following criteria: a. they primarily serve District students of compulsory school attendance age; b. their primary aim is the development of educational, athletic, social, and/or self - improvements skills; C. they provide after school or summer child care programs combined with academic or athletic development activities for District students or provide tutorial or other educational, cultural, or academic after - school programs for specific schools; and d. the Superintendent or designee has approved granting the organization a preferred rate designation. 2. Organizations that are State approved Title One Supplemental Educational Service Providers performing tutorial services in q http1 vni✓u,necIa. con ✓cdlier- filsearch/AP1ap7510_htm 3113 Packet Page -933- 4!12014 7510- USE OF DISTRICT FACILITIES 4/8/2014 16.A.18. accordance with a District approved contract which provides payment from the District. Fees — A preferred rate of one -half (1/2) the standard rental rates shall be charged in accordance with the schedule of fees, however, applicable custodial, AN technician and other fees shall be charged at the full rate. Category C3 Users: In accordance with the District's Wellness Policy, District employees are encouraged to engage in daily physical activity after work hours. This lease category allows access to District facilities to support this policy. No lease fee will be charged. To qualify for this category, all of the following criteria must be met: 1, lease is for a program that provides physical activity for District personnel; and 2. lessee is an employee of the District and the organizer of the program; and 3. program serves only District personnel; and 4. program charges no fees other than those to cover the cost of insurance, supplies and materials that the participants consume during the program; and 5. entire proposed use occurs on weekdays while custodians are present, after work hours, after contract hours, and not more than two (2) hours per day. Programs shall not occur on holidays or weekends; and 6. outside instructors or non - District employees are prohibited from participating; and 7, student programs, including after school programs, are not displaced nor forced to share the same space; and 8. program and its location are approved by the principal; and 9. lessee (program organizer) shall make known to the participants the nature of the wellness activity or related physical exercise regimen upon commencement of the program and when any new participant joins; and 10. all participants in the program shall be asked to sign a waiver of liability against both the District and the program organizer for Cq hripJ /www neola.corrYcof lier-fi/searcfVAP/�p7510.htm 4/13 Packet Page -934- -- 4/8/2014 16.A.18. 4/1M14 7510- USE OF DISTRICT FACILITIES risks of injury, unforeseen health consequences, or known health risks that could occur during the course and scope of any given program session or participation. D. Category D Users: 1. Any other not - for -profit organizations or groups, other student groups and clubs and parent groups that do not qualify as a Category C1 or C2 users. 2. Any Category B, C1, or C2 user when: a. conducting fund- raising events, and when less than 100% of the gross receipts are retained by or provided to the District or school; or, b. performing certain fund- raising activities, such as: 1) charging for admission, soliciting contributions for admission, or requiring any tangible thing of value to participate in the activity for which the facility is being requested; or, 2) requiring any donation of money or other tangibles of monetary value; or, 3) selling or bartering any tangible thing of monetary value. Fees — A fee shall be charged at the standard rental rates, including any applicable custodial, A/V technician and other fees, in accordance with the schedule of fees. E. Category E User: Any area resident, child, or adult using an open school playground or grounds area on a casual, non - scheduled basis for individual recreation or physical activity, when school is not in session and when students are not present. Fees — No fees shall be charged. SCHEDULING AND PRIORITY OF USE A. Facilities may be scheduled no less than two (2) weeks and no more than one (1) year in advance within the current school year. Advanced CA( ht4)]N nw.neola.comco flier- fl /search/AP /ap7510.hhn 5/13 Packet Page -935- 4/1/2014 7510- USE OF DISTRICT FACILITIES 4/8/2014 16.A.18. scheduling by Category B, C1, C2, and D users may be limited in scheduling if schools have not finalized school -year activity or program schedules. B. Scheduling for Category B, C1, C2, and D users must be accomplished through the District Facilities Department. The Department will coordinate with the appropriate school and process all applications. Category A users, however, may schedule directly with the school or facility involved. C. Scheduling will be on a first -come, first- served basis. If there are simultaneous requests for the same facility at the same time, priority shall be: Category A, then B, then C2, then C1, then D, then E. RESTRICTIONS The following restrictions apply to all categories of users. A. Users must comply with all applicable District policies and procedures. B. Users shall not: (1) use, remove, reposition, replace, move, or otherwise disturb any District equipment or property; (2) make any physical changes to the facilities, buildings, or grounds; or (3) affix or hang pictures, posters, signs, or other items on District facilities. C. Users shall not tamper with or adjust any security, fire protection equipment, fire alarms, intercoms, thermostats, light or air conditioning timers or any other electrical, communication, or control systems. D. The consumption of alcoholic beverages, use of illegal drugs, and carrying of firearms (except by law enforcement and JROTC personnel) are strictly prohibited. All property owned by the District, including all interior and exterior spaces within the property boundaries, shall be smoke and tobacco free. E. Users must remove any materials and items brought into the facility and must make reasonable efforts to clean rooms and areas used or return them to their pre -use condition. F. Blocking of fire doors or means of egress is prohibited. G. Users will not sublease the facilities or allow any use other than that for which the lease was approved, except as may be provided for in govemmental intedocal agreements. H. Users will not be provided keys to any District facility, except as may be provided for in governmental intedocal agreements. 1. User shall not allow play on cafeteria tables or other furniture. SAO httpJ/ www. neda. comVcdlier- fl /search/AP /ap7510.htn 6/13 Packet Page -936- 4/8/2014 16.A.18. 4/112014 7510- USE OF DISTRICT FACILITIES Users shall not produce an open flame(s) (e.g., the burning of candles is prohibited). K. Users shall not train or exhibit animals, except .as part of a District approved curriculum: GENERAL GUIDELINES AND CONDITIONS The following apply to all categories of users except where indicated. ec �-ki�C h mint 2 %Y �� �m -ended r�dm�njshc V�' �rcc�U�2s �l�m i n 15�"YZ�`�► V�, A. District personnel, custodians, or approved volunteers must be present at all times the facility is being used. Use of the facility may be denied if sufficient school staff is not available to monitor the use. B. Except for Categories A and E, all users must complete and submit a School Facilities Lease Agreement (Form F2) and do so at least ten (10) working days (two (2) weeks) prior to the requested date. School Facilities Lease Agreements are available on the District website at www.collierschools.com and may also be obtained from the District Facilities Department. Lease requests will include details regarding the purpose of the requested use, date(s) and hours requested, and the specific facilities requested (number of classrooms, etc). Tax - exempt numbers must be provided when claiming tax - exempt status. C. Any fees must be paid seven (7) business days in advance. Any payments made less than seven (7) business days, must be in the form of a cashier's check or money order. Any other billing arrangements must be approved by the Superintendent or designee. D. Cancellation notice must be given by users at least seventy -two (72) hours in advance. Fees will be refunded if such notice is given to the District Facilities Department. The District reserves the right to cancel any lease and refund fees as determined by the Superintendent at any time and for any reason. E. All users must provide reasonable supervision and shall be financially liable for all damage to facilities resulting from their use. F. As applicable, users shall comply with the Auditorium Leasing Guidelines, as set forth in Exhibit B. G. Except for Categories A and E, users must assume all liability, provide proof of liability insurance, and hold the District and Board harmless for any and all damages or injuries that result from the use of the facility. Proof of insurance must be provided at the time of application. The user shall indemnify and hold the District and Board harmless from and against any and all liability and costs arising from injury to persons or property occasioned wholly or in part by any act or omission of the user, its employees, members, invitees, and all other persons whom the user permits in, on, or about the facilities or property designated herein. The http: / /wnnnr.nEKga.conVccc4i i er- fi /searciVAPlap7510.hbn Packet Page -937- Cq 7/13 4!1/2014 7510- USE OF DISTRICT FACILITIES 4/8/2014 16.A.18. user shall defend any and all claims, actions, suits, or legal proceedings which may be brought against the District or Board, or in which the District or Board may be impieaded or joined with others as a result of the users use of the facilities or property designated herein, and shall satisfy and discharge any judgments, orders, and decrees that may be recovered against the user of the District or Board, in any such action or proceedings. The user agrees that at all times material to this agreement, it shall provide liability insurance amounts of $1,000,000 on any claim or judgments and $2,000,000 on all claims and judgments arising from the same incidentloccurrence. The user shall present proof of such insurance. General liability insurance covering bodily injury and property damage arising from use of District facilities is required. This coverage shall have limits of $1,000,000 per occurrence and $2,000,000 aggregate. The School Board of Collier County must be identified as a certificate holder and shall be named as an additional insured. H. Users will be responsible for any and all damages to or theft of District property and shall reimburse the District in an amount determined by the Superintendent in accordance with established accounting principles. Failure to reimburse the District shall disqualify the user from any further use of District facilities. Users shall be responsible for supervising the conduct and control of all patrons and participants and shall ensure that all applicable laws and Board policies and procedures are strictly obeyed. Violation of this procedure, or any other applicable Board policy or procedure during the use of District facilities, may subject the user to immediate revocation of the lease and refusal of permission to use District facilities in the future. K. Any user required to obtain a State license must: 1. provide a copy of same to the District; 2. ensure that all students served by a user must be officially enrolled in their program. L. M. The lease of any user required to obtain a State license is subject to cancellation if they do not meet the State standards or requirements. Users of District facilities must take responsibility for safety when dangerous lightning weather conditions are present. Users of outdoor District facilities (fields, courts, playground areas etc.) must cease activities, vacate the area and take appropriate safe shelter in available buildings and/or vehicles if (1) lightning is seen, (2) thunder is heard or (3) the District's lightning warning system is activated, by sounding a fifteen http:/hww.neola.corrVcdlier4/searctVAP/ap7510.htm Packet Pape -938- CA 6/13 4/1/2014 7510- USE OF DISTRICT FACILITIES 4/8/2014 16.A.18. (15) second alarm horn blast accompanied with amber flashing strobe lights. In the event that lightning was seen or thunder was heard, users may resume outdoor activities on District facilities only after the dangerous weather conditions have cleared the area. In the event that the lightning warning system was activated, users may resume outdoor activities on District Facilities only after the all clear signal has been activated, by sounding three (3) short five (5) second alarm hom blasts and the amber strobe lights have stopped flashing. N. Any user of indoor District facilities (excluding churches) where fifty (50) people or more will be present must have a trained crowd manager present and comply with the crowd management requirements of the Florida Fire Prevention Code ( "FFPC") Section 101 - 12.7.6. Where the occupant load exceeds 250, in additional trained crowd managers shall be provided at a ratio of one (1) crowd manager for every 250 occupants. A user may become a trained crowd manager by contacting the fire department and making arrangements for training and certification. O Any user of a District synthetic turf field must have a synthetic turf monitor trained in compliance with District procedure and present during every event. P. Note: Automated External Defibrillators (AED) may not be available during non- school hours. WAIVER REQUESTS A. Facility Use Waivers: Prospective users who do not fall within the use categories defined herein may request a waiver for use of District facilities from the Superintendent. Once a use waiver approval is granted by the Superintendent for a prospective user, any and all continuously recurring uses shall not require subsequent applications for waivers. A use waiver approval may, however, be revoked by the Superintendent at any time and for any reason. B. Fee Waivers: Waivers of fees shall not be granted unless recommended and approved by the Superintendent. Waiver requests must be submitted at least thirty (30) days in advance of the dates of desired use in order to provide sufficient time for action by the Superintendent. APPROVAL AUTHORITY Facility lease requests that meet the procedures contained herein may be approved by the Superintendent or authorized designee. The Superintendent shall be authorized by the Board to make reasonable interpretations of the foregoing procedures regarding use of District facilities. Exhibit A SCHEDULE OF FEES hUpJAmmm.neola.condool I ier- fl 1searct✓AP /ap7510.hbn Packet Page -939- cA 9/13 4/1/2014 7510- USE OF DISTRICT FACILMES 4/8/2014 16.A.18. (Checks made payable to the School Board of Collier County) STANDARD RATES Type of Facility Hourly Rate (2 hour minimum) Basic Classroom $18 Resource Room $18 Storage Closet (when available) $30(per day) G-1 httpJ/ wvvw. neola. corrVcdlier- fl /searcNAP /ap751O.htm 10/13 Packet Page -940- Portable Classroom $18 Cafeteda/Multi- Purpose Room $26 Small Multi- Purpose Room $18 Media Center $35 Gymnasium (Middle School) $26 Gymnasium (High School) $86 Auditorium (all high schools except Gulf Cost) $173 Auditorium (Gulf Coast High School) $208 Administratiie Center Board Room $173 Administrative Center Training Room $18 Football /Soccer /Track (no lights) $81 Football /Soccer /Track (with fights) $86 Softball /Baseball Field (no lights) $43 Softball /Baseball Field (with lights) $61 Practice Field $29 Resource Room $18 Storage Closet (when available) $30(per day) G-1 httpJ/ wvvw. neola. corrVcdlier- fl /searcNAP /ap751O.htm 10/13 Packet Page -940- 4/8/2014 16.A.18. 4/1/2014 7510- USE OF DISTRICT FACILITIES PREFERRED RATES Preferred rates shall be one -half (1/2) of the standard rental rates, however applicable custodial, AN technician and other fees shall be charged at the full rate. In instances where two (2) preferred users are leasing at the same school site and the cafeteria /multi- purpose room can only accommodate one (1) preferred user, the non - accommodated preferred user will be charged the cafeteria/multi- purpose room rate even when multiple rooms are required. OTHER FEES A. Custodial fees are $36 per hour. They will be charged when: custodian are required to work outside their normal duty hours; or 2. the administrator determines that the custodians cannot fulfill their normal job assignments and also complete the services required for a particular facility use. B. When lighting /sound technicians are required for facility use, an additional fee of W per hour will be charged for all facilities except Gulf Coast High School auditorium and the Administrative Center Board Room. $72 per hour will be charged for Gulf Coast High School auditorium and the Administrative Center Board Room as two (2) personnel are required for these facilities. The school administration may waive the requirements for a lighting /sound technician, if deemed non - essential for the event. Staff may also be available at $48 per hour to perform such tasks as installing and removing gel lens covers on spotlights and backdrops on stages, as approved. Please let the school's Activities Coordinator know in advance if you have specific needs. 'I C. If special set ups are required for cafeteria or multi - purpose rooms, an additional fee of $144 shall be charged. D. If scoreboard operators are required, an additional fee of $20 per hour will be charged. Exhibit B Auditorium Leasing Guidelines A. The Auditorium Coordinator /Auditorium Technician are the school's technical director and lighting supervisors and one is required to be present during set -up, takedown, and the operation of lights and sound equipment during a performance. A user may hire an outside person to assist, but the school's Auditorium Coordinator or Auditorium Technician must also be present unless waived by the school administration. B. The Activities Coordinator is the school based administrator that schedules sports, activities, and events at that site. Advanced questions related to the facilities in general should be submitted to the Activities Coordinator as opposed to either the Auditorium Coordinator or Auditorium c9p http:// www. neola. corWcdlier- fllsearcidAP /ap7510.htn 11/13 Packet Page -941- 4/1/2014 7510- USE OF DISTRICT FACILITIES 4/8/2014 16.A.18, Technician who will be present at the performance. The Activities Coordinator may chose to forward questions to the Auditorium Coordinator or Auditorium Technician. C. A custodian must be on duty during the user's preparation, performance, and restoration of the facility to its proper order. D. Auditorium rows are numbered and no other identifications are to be affixed to the seats nor are any seats to be removed. Please insure that any printed tickets requiring assignment of seats are issued according to seat numbers. A seating plan with numbers is available from the Activities Coordinator. E. Curtains are not to be tied back under any circumstances and nothing is to be affixed to the curtains. F. Tape shall not be applied to the stage floor. Washable chalk may be used on designed areas to mark floor position. Please check with the activities coordinator in advance or with the Auditorium Coordinator /Technician on S ite. G. If your performance requires large containers or props, take care that carpets, floors, woodwork, etc. are not damaged. Per the GENERAL GUIDELINES AND CONDITIONS of the Use of Facilities Agreement, "Users will be responsible for any and all damages to or theft of Board property and shall reimburse the Board in an amount determined by the Superintendent in accordance with established accounting principles. Failure to reimburse the Board shall disqualify the user from any further use of Board facilities." H. The user must provide extension cords and any additional fixtures or devices needed for the performance. I. All props and set pieces used for the performance must be removed from the school site immediately after the performance. When a lease is executed for multiple uses, the school is not responsible for any equipment left in the auditorium between uses with the risk of loss being that of the user. J. Where dressing rooms are not available or if additional dressing rooms are required, class room space may be rented in accordance with facility rental rates established in the schedule of fees which is an addendum to the Use of Facilities policy. K. School props or set pieces are not to be used without the prior consent of the school's drama department. L. If a school piano is used, the user must pay to have the piano tuned after the performance per the guidelines of the individual school. C14p httpJ/wAwreda-corrVcollier-flisearch/AP/ap7510.htm 12113 Packet Page -942- 4/8/2014 16.A.18. 4/1/2014 7510 - USE OF DISTRICT FACILITIES M, NO FOOD OR DRINKS ARE ALLOWED IN THE AUDITORIUM AT ANY TIME. Check with the Activities Coordinator to determine if they have a designated area in the lobby to serve food. Any concessions sold must be in a pre - packaged form. N. Schools do not have the type of phone lines to operate credit card machines. O. User must provide their own mobile form of communication such as "walkie talkies ". P The Auditorium Coordinator, Auditorium Technician, or other school designee will accompany the lessee on a pre -use inspection to note the condition of the auditorium, stage, seating area, lightening /sound systems and all other rooms used to note pre - existing conditions. Furthermore, these same individuals will conduct a post -use inspection of the same areas /equipment to document damages if any. In cases of damage, lessees are to reimburse the District for any and all damages per Section H of General Guidelines and Conditions of this document. NOTE High school auditoriums are used by teachers and students as a part of the school's educational process. They are managed by school employees and students, and as such, schools do not have all the amenities that are available at a professional facility. There may be requests made by a user that cannot be accommodated. Please make certain to make all requests in advance so that the activities coordinator can determine if your needs can be satisfied. Requests made on the day of an event are likely to be denied. Revised 6/8/09 Revised 10/4110 Revised 8/16/11 Revised 10120/11 Revised 3113/13 Revised 11126/13 © Collier 2013 http:/twvm.reda.corrVc,dlier-fl/searcfVAP/ap7510.htm Packet Page -943- i 13113 Atdch me,,, f ATWhA-e� r°� 3z1 m i n i 5�i afi u e Proc -ed u.v {s C. Exceot For Category B users many fees must be paid seven (7) business days in advance. Any payments made less than seven (7) business days, must be in the form of a cashier's check or money order. Any other billing arrangements must be approved by the Superintendent or designee. With respect to category B uaerc payment will be made upon receipt of a proper invoice and in comolianee with Florida Statutes Section 218.70, otherwise known as the "Local overnment Promot Payment Act" but. no later than forty-five (45) days from the date upon which the rental Period begins even though the Cagory B user may have determined thejiMice to be an ^+proper one with respect to the lease hereto andlor any related services hereunder. D. Cancellation notice must be given by users at least seventy -two (72) hours in advance. Fees will be refunded If such notice is given to the District Facilities Department, The District reserves the right to cancel any lease and refund fees as determined by the Superintendent at any time and for any reason. E. All users must provide reasonable supervision and shall be financially liable for all damage to facilities resulting from their use. F. As applicable, users shall comply with the Auditorium Leasing Guidelines, as set forth in Exhibit B. G. Except for Categories A B and E, users must assume all liability, (�tQ provide proof of liability insurance, and hold the District and Board harmless for any and all damages or injuries that result from the use of the facility. Proof of insurance must be provided at the time of application. The user shall indemnify and hold the District and Board harmless from and against any and all liability and costs arising from injury to persons or property occasioned wholly or in part by any act or omission of the user, its employees, members, invitees, and all other persons whom the user permits in, on, or about the facilities or property designated herein. The user shall defend any and all claims, actions, suits, or legal proceedings which may be brought against the District or Board, or in which the District or Board may be impleaded or joined with others as a result of the user's use of the facilities or property designated herein, and shall satisfy and discharge any judgments, orders, and decrees that may be recovered against the user of the District or Board, in any such action or proceedings. Mh resoect to CatePPN a users each.i2arty shall be liable for its own n agttons and negligence and, to the extent permitted by law. the Category B user shall indemnify, defend and hold harmless the District against any actions. claims or damages arising out of the Cateaory B user's negligence in conneclion with any Faclfrfies Lease Agreement and the District shall indemnify, defend and hold harmless the Category B user against any actions claims or damages arising out of the District's negligence in connection with any Facilities Lease AgEgement. The foregoing indemnification shall not constitute a waiver of sovereign Packet Page -944- 4/8/2014 16.A.18. C� 4/8/2014 16.A.18. immunity beyond the limits set forth in Florida Statutes Section 768 28 nor shall the same be construed to constdgle agreement by either party (�,o to indemnify the other party for such other Party' nealinent willful or ( t intentional acts or omissions i The user agrees that at all times material to this agreement, it shall provide liability insurance amounts of $1,000,000 on any claim or judgments and $2,000,000 on all claims and judgments arising from the some incident/occurrence. The user shall present proof of such insurance. General liability insurance covering bodity injury and property damage arising from use of District facilities is required. This coverage shall have limits of $1,000,000 per occurrence and $2,000,000 aggregate. The District School Board of Collier County must be identified as a certificate holder and shall be named as an additional insured. H. Users will be responsible for any and all damages to or theft of District property and shall reimburse the District in an amount determined by the Superintendent in accordance with established accounting principles. Failure to reimburse the District shall disqualify the user from any further use of District facilities. I. Users shall be responsible for supervising the conduct and control of all patrons and participants and shall ensure that all applicable laws and Board policies and procedures are strictly obeyed. J. Violation of this procedure, or any other applicable Board policy or procedure during the use of District facilities, may subject the user to immediate revocation of the tease and refusal of permission to use District facilities in the future. K. Any user required to obtain a State license must: 1. provide a copy of same to the District; 2. ensure that all students served by a user must be officially enrolled in their program. L. The lease of any user required to obtain a State license is subject to cancellation if they do not meet the State standards or requirements. M. Users of District facilities must take responsibility for safety when dangerous lightning weather conditions are present. Users of outdoor District facilities (fields, courts, playground areas etc.) must cease activities, vacate the area and take appropriate safe shelter in available buildings and /or vehicles if (1) lightning is seen, (2) thunder is heard or (3) the District's lightning warning system is activated, by sounding a Cg Packet Page -945-