FACILITY USAGE HANDBOOK

Transcription

1 FACILITY USAGE HANDBOOK FINANCE DEPARTMENT OCTOBER 2009

2 Table of Contents General Information 3 9 Agreement for Facility Usage 3 Code of Conduct 3 Contact Information 3 Discounts/Considerations 4 Fee Schedule 4 Indemnification and Hold Harmless 4 Insurance Requirements 4 Non Payment 5 Non School Day/Mandatory Close Usage 5 Requirements by Organization Type 5 Sales Tax 6 Staff Requirements 7 Use of Income 7 Procedures 8 10 Approval Procedure 8 Changes/Corrections 9 Invoicing/Fee Collection 9 Payment of Employees 10 Reporting 10 Forms Facility Usage Agreement 11 Indemnification and Hold Harmless 12 District Invoice School Invoice Payroll Invoice 17 Balance Due Report 18 2

3 General Information The purpose of this manual is to provide guidance for the rental of school district facilities. All usage must be in accordance with School Board Policy 705, Community Use of School Facilities. Code of Conduct Organizations and individuals using district facilities must take proper and ordinary care of the facility, and shall be held responsible for any damage of vandalism incurred, including but not limited to damage to buildings, fixtures, furniture or equipment, as a direct result of their use. Organizations using school district facilities shall enforce compliance in the following standards: 1. The use of tobacco, alcohol, or other drugs is not permitted on school board owned property. 2. Park only in clearly marked parking spaces. 3. Leave area clean and ready for students. 4. Leave property secure when departing. 5. Conduct activities in a sportsman like manner. Activities with a high potential for accidents or liability will not be permitted. 6. Report unsafe conditions immediately. 7. No firearms or weapons of any kind are permitted on premises. 8. No gambling or other illegal activity 9. No programs which would be in violation of any law, which promote activity to violate the law or violation of School Board policy 10. No adult entertainment which is sexually explicit or suggestive in nature or which involves excessive profanity Contact Information Marsha Meinberg, Office Specialist mmeinbe@volusia.k12.fl.us Extension Shanda Hebert, Office Specialist shebert@volusia.k12.fl.us Extension Heather DiRenzo, Specialist hdirenzo@volusia.k12.fl.us Extension Bertie Trawick, Director btrawick@volusia.k12.fl.us Extension Discounts/Considerations 1. 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. 2. 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. 3. School based organizations are defined as those 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. These organizations are permitted to use school district 3

4 facilities without providing liability insurance or completing an agreement when the proceeds directly benefit a school or the district. To qualify for this consideration, these organizations must comply with the requirements for outside support organizations set out in School Board Policy 719, Internal Accounts. 4. Any existing agreements between the School Board, a booster or volunteer group, or governmental agency (including use as emergency shelters) shall remain in place and can only be terminated as provided within the agreement. 5. Agreements for more than one fiscal year (July 1 June 30) must be approved by the school board. 6. Sharing room space is not recommended, however it may be approved if no other space is available, available space can be sectioned off and for the following needs: a. Sharing accommodates school sponsored program (example: Extended Day Enrichment Program uses cafeteria and outside applicant wants to rent stage) b. It is in the best interest of student safety (example: classrooms being rented are not available until teacher day is completed. Instead of students wondering the campus, the applicants. Applicants are responsible for up to the full rental rate of the room. Fee Schedule 1. The fee schedule lists charges by hour. Minimum usage is for one hour with ½ hour increments thereafter. 2. 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%. 3. Restrooms are included in the fee rates and are to be made available for the stated hours of all agreements. 4. 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 applicants. Indemnification and Hold Harmless 1. All outside organizations using district facilities must sign VCS standard Indemnification/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. 2. Indemnification agreements shall only be required from governmental agencies to the extent allowed by the state s sovereign immunity laws. Insurance Requirements 1. A current certificate of liability (copy of insurance coverage) must be provided with the agreement and must: a. Clearly state the organization s liability coverage b. Show the School Board as a named additional insured and certificate holder c. Show Limits of at least $1,000,000 for injury to any one person, $2,000,000 aggregate 2. As an alternative to providing evidence of liability insurance, applicants may purchase a Tenant Users Liability Insurance Policy (TULIP) from VCS. The TULIP rate is dependent upon a set of 4

5 specified risk factors. An application for TULIP coverage can be obtained from the Finance Department s web page. A completed TULIP application and payment must accompany the facility usage agreement. 3. Government agencies may comply with the insurance requirement by providing a certificate of selfinsurance and are not required to have the school board named as an additional insured. 4. School based organizations meeting the requirements of School Board Policy 719 Internal Accounts may be permitted to use school district facilities without providing liability insurance. This waiver does not extend off campus and applies only to activities whose proceeds directly benefit a school or the district. Non payment All fees must be paid in accordance with the terms as set forth in the usage agreement. 1. It is suggested that pre payment be required for one time applicants. 2. Applicants that fail to comply with the terms of the agreement shall be denied further use of all school district facilities. 3. If an applicant s payment is rejected due to insufficient funds the applicant may not use the facility until debt is settled and any future checks from that organization cannot exceed $250. Non School Day/Mandatory Close Usage Facilities may be rented on non school and mandatory close dates as long as policy requirements are met. School based organizations may be required to reimburse the school board in accordance with the current fee schedule. Outside Organizations shall reimburse the school board in accordance with current fee schedule. Requirements by Organization Type School Based Organizations are defined as those 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. All school based organizations must comply with the requirements for outside support organizations set out in School Board Policy 719, Internal Accounts. 1. School based organizations may be permitted by the principal to use facilities without: a. Completing a Facility Usage Agreement b. Providing liability insurance c. Providing an Indemnification and Hold Harmless agreement This waiver applies to activities on campus and does not extend off campus or to transportation. This waiver applies only to activities whose proceeds directly benefit a school or the district, and cannot be assigned through a partnership or other agreement. 2. Usage shall not interfere with regular school programs, school activities, or school functions. 3. The organization using the school district facility shall enforce compliance with the Code of Conduct on School Board Property. 5

6 4. The principal shall have the authority to deny use of a facility when he or she determines that the school district s interest in maintaining a safe environment for the students is best served by denying the request. 5. Usage on mandatory close dates may be permitted, but may require reimbursement to the school board in accordance with the fee schedule. 6. 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. Outside Organizations are those organizations not generated by the existence of the school or 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. 1. Outside organizations must provide the following for approval to use a facility at least twenty one (21) calendar days before first usage date: a. Completed Facility Usage Agreement b. Valid certificate of insurance c. Completed Indemnification and Hold Harmless agreement 2. Usage shall be reimbursed in accordance with the fee schedule and shall be discounted by 10% (discount hourly rate) for usage of twenty (20) hours or more per week, with a week being Sunday through Saturday. 3. 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. 4. Usage shall not interfere with regular school programs, school activities, or school functions. 5. The organization using the school district facility shall enforce compliance with the Code of Conduct on School Board Property. 6. The principal shall have the authority to deny use of a facility when he or she determines that the school district s interest in maintaining a safe environment for the students is best served by denying the request. 7. Usage on mandatory close dates may be permitted, but shall require reimbursement to the school board in accordance with the fee schedule. 8. If an applicant s payment is rejected due to insufficient funds the applicant may not use the facility until debt is settled and any future checks from that organization cannot exceed $ Organizations which fail to comply with the terms of the agreement will be denied further use of school district facilities. 10. Users must make it known that neither the school board nor the administration has endorsed the applicant s 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. Sales Tax Each applicant that is not exempt from paying Florida Sales Tax is to be invoiced sales tax on the rental portion of each invoice. The applicant must supply a copy of the current exemption certificate in order to avoid being charged sales tax. 6

7 If the school site is not already registered with the Florida Department of Revenue, log on to to register. Since not all sections of the application apply to VCS type of entity, it is suggested that you contact the local branch (contact information on above link) for assistance. Staff Requirements The school board and superintendent reserve the right to require payment for security, crowd control, custodial services or other additional staff to ensure that the use of school facilities does not detract from the primary educational use. 1. A school district employee approved by the principal is required to be on premises during the period of use, and, where applicable, will be paid in accordance with the employee s collective bargaining agreement. This requirement shall not apply to pre existing agreements with local governments. 2. The use of the school s kitchen equipment for the preparation of food shall require the operation by a student nutrition service employee, and, where applicable, will be paid in accordance with the employee s collective bargaining agreement. 3. The use of technical equipment, such as auditoriums and theaters, shall only be operated under the supervision of a school district employee, and, where applicable, will be paid in accordance with the employee s collective bargaining agreement. 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: Upkeep or repair of the facility Campus beautification Supplies Authorized salary supplements Student recognition programs and activities Staff recognition programs and activities General internal account expenditures which would benefit the student body as a whole 7

8 Procedures Approval Procedure Organizations/Individuals showing interest in using a school facility will be referred to the school. Each school prinicpal is responsible for identifying a designee to coordinate potential usage. The following are the steps to initiating a Facility Usage Agreement (page 10): 1. Organization/individual contacts school site about potential use of the facility. Discussion should include: a. What site will be used for/event type b. Space availability c. Rental rates and other fees d. Insurance requirements e. Principal approval 2. If in agreement that space is available for said event, the following are to be provided to applicant : a. Facility Usage Agreement form VCS (with school contact information completed) b. copy of Policy 705 c. Indemnification/Hold Harmless Agreement Each of the above forms is available on the Finance Department s web page. 3. The completed original signed agreement, signed Indemnification and Hold Harmless Agreement, and certificate of insurance (or completed application and payment for TULIP insurance) are returned to the school at least 21 days before the first event date. 4. The designee reviews the agreement and obtains any missing information prior to sending it to the Finance Department (at least 14 days before the first event date) via district interoffice mail. Faxed agreements will not be accepted. Verify the following before mailing the agreement to Finance: a. Name of organization on agreement = Name on Insurance Certificate = Name on Indemnification and Hold Harmless form b. If tax exempt, a certificate was provided c. Room type, dates (agreements cannot cross fiscal year end date of June 30), days of week, times and current rental rate is listed d. The agreement is initialed 3 times above applicant signature e. An administrator has signed the application 5. Finance staff will review the application within one week of receipt. a. Approved agreements will be ed to the designee along with an invoice (sample page 12 13) for the facility rental only b. Designees will be contacted electronically regarding incomplete agreements or those agreements not meeting the requirements of Policy No agreement is considered approved until signed and returned to the school designee (via ) by the Superintendent s designee (Finance Department). 7. Site designee notifies applicant if approved or not approved. 8

9 Changes/Corrections If any changes from the original agreement occur, please notify the Finance Department immediately in writing ( preferred) so that Finance records may be updated to match the usage. Such changes include: Discontinued /extended/added use of room(s) Change in room type(s) Change in date(s)/times Insurance renewal or change in coverage o Note: if the applicant s insurance expires within the approved application period, it is the school s responsibility to obtain an updated insurance certificate from the applicant and provide to Finance Department. Applicants should not be permitted to use the facility unless a valid certificate of insurance is on file with the Finance Department. School designee will be notified via when requests are completed. Any designee requesting a change causing a difference in the original invoiced amount will be provided with an updated Billing Summary by Month report. Billing by day will be resent by request only. Invoicing/Fee Collection 1. Finance invoices the school site for the usage of the facility only. This invoice is sent with the approved agreement and will identify two main things: a. The amount that should be invoiced to the applicant by the school designee for usage b. The amount due to the district for usage 2. Each school site invoices the applicant directly for usage and any other fees (custodial, representative, sales tax, etc). 3. Each invoice (see sample page 14) should reflect: a. School name, address and contact information b. Applicant name and address c. Invoice date d. Invoice detailed and summarized amounts e. Terms due date, late fees, etc 4. Upon receipt of payment: a. Write a receipt to the applicant b. Complete a Monies Collected Form and turn in with cash/check and a copy of the invoice to the Internal Accounts bookkeeper for deposit into the Facility Usage Account ( ). If usage income needs to be recorded by separate area used (gym, auditorium, etc) the internal accounts bookkeeper should request extension accounts of c. Request payment of district portion (40% as of July 1, 2009) be made i. You may wish to include this request on your invoice to applicant as shown under Request District Payment section of sample invoice on page 14) d. Payment must reflect application number in order to ensure proper posting to Finance records 9

10 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. Employees are not to be paid directly from an applicant. Payment is to be made from internal accounts Facility Usage to the Payroll Department. Each payment must include the employee s salary plus taxes and benefits. Please note the following excerpt from the AFSCME contract: Article XVI, D Special Functions, School Way Café and custodial 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 one half (1 ½) 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 AFSCME or SWC employee has worked a 40 hour week or not. 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 at A sample is shown on page 15. Questions regarding Payroll Invoices should be referred to the Payroll Department. Reporting Each month, Finance will provide sites with a Balance Due Report (sample page 16). This report is only for schools that have approved agreements on file with Finance that have either a balance due or overpayment. The intent of this report is to provide schools with a status report of Finance records and serves as a reminder to schools that a balance is due. Please note that this report may reflect future usage. Payment is not due to the district for usage that has not yet taken place. 10

11 Sample with notes Agreement This number is assigned by Finance Dept upon approval and should be referenced on all correspondence including invoices and payments of district portion This area to be completed by school rep This area to be completed by applicant If building and room numbers are used, please add what type of room as well Use total hours per day 1 hour minimum and ½ hour increments thereafter Use hourly rate Notes can be completed by either party, but both parties must sign after notes are added or initial next to each note. This area to be completed by applicant 11

12 Sample Indemnification and Hold Harmless Agreement 12

13 Sample with notes District Invoice (to school) Date Finance processed Matches application number on agreement Sample School Polly Principal VOLUSIA AREA HOA If usage is past insurance expiration date, the school needs to verify updated insurance is on file with Finance This line has detailed daily usage information based on application This line has summarized usage information based on application 13

14 Sample with notes District Invoice (to school) page 2 Sample School VOLUSIA AREA HOA On the final page of the invoice, usage is broken down by month. This can be used as a tool when creating the applicant s invoice(s). TOTAL FEE = what applicant owes school for usage (does not include custodial/other fees SCHOOL FEE = portion of Total Fee that school keeps DISTRICT FEE = portion of Total Fee that district is owed WAIVED FEE = if any portion of the fee is waived, this portion would show here 14

15 Sample School Invoice (to applicant) Use date invoice will be mailed Use application number plus month (if multiple billings) like (for January) Date of Event or Service Detailed Information about Event or Service Calculates # hours X rate # of Hours Hourly Rate per fee schedule School name, include ATTN: Calculates based on information entered above Complete when payment received Complete to request district payment be made forward to IA bookkeeper Insert school contact information here. 15

16 Sample (completed) School Invoice (to applicant) 16

17 Sample Payroll Invoice 17

18 Sample Balance Due Report Reflects balance due to district for this application Sample School Represents district portion on invoice Reflects overpayment to district for this application 18