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Rules of the School Board of Palm Beach County, Florida
Title 6Gx50
Chapter 7. Facilities and Operations

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Policy 7.18Community Use of School Facilities

The School Board recognizes that the use of school facilities by Community Organizations may be mutually beneficial to all parties involved. The Superintendent or designee shall manage and supervise the leasing process for the community use of the District's school facilities. Leasing activities at schools shall take place outside of regular school hours. By permitting community uses of school properties and facilities, it is not the intent of the School Board to create or open any Palm Beach County School District school, school property or facility as a public forum for expressive activity, nor is it the intent of the School Board to create a venue or forum for the expression of controversial subjects which are inconsistent with the educational mission and vision of the School Board and the community values or which could be perceived as bearing the imprimatur or endorsement of the School Board.

  1. Definitions

    1. Non-profit Organizations shall include civic, religious, or community organizations that qualify as non-profit entities under the Internal Revenue Service Code and/or are Florida not-for-profit corporations and/or governmental entities.

    2. Commercial Organizations shall include all for-profit organizations and private individuals.

    3. Community Organizations shall include all non-profit and commercial organizations.

    4. School-Based Organizations shall mean those volunteer organizations generated by the existence of the school (e.g. booster clubs, student clubs, parent-teacher organizations or associations).

    5. Interlocal Agreement shall mean an agreement entered into by two or more governmental entities under the authority of and for the purposes set forth in Chapter 163, Florida Statutes.

    6. Cooperative Agreement Agencies shall mean not-for-profit organizations that have agreements with the School Board of Palm Beach County that benefit the children, schools and District.

    7. In-Kind Contribution shall mean payment in goods or services that benefit the school rather than payment in money.

  2. Qualification and Fee Structure

    1. All qualified Community Organizations (refer to above definitions A, B and C), including those under an Interlocal Agreement as stated below in Paragraph V, shall be required to complete a lease agreement in the CAFM system. No lease is required for School-Based Organizations that maintain their funds in a school's internal account. The School Board recognizes cooperative activities with outside school-related organizations. These organizations are encouraged, appreciated and important to the work of the District. Outside school-related organizations shall be parent initiated and driven. District personnel may participate in outside school-related organizations; such activities of the District personnel shall be subject to the procedures established by the District according to appropriate internal controls and audit practices designed to limit the District's liability for collection and disbursement of the outside school-related organization's funds.

      The following reports shall be on file with the school’s principal for each outside school-related organization:

      1. Current financial statements; or

      2. Annual independent audit prepared by a licensed Certified Public Accountant.

    2. The process and criteria for applying for a lease requires that the potential lessee:

      1. Have the school complete 0the Computer Aided Facilities Management (CAFM) web based lease in Tririga.

      2. Provide the required additional documentation as identified in the CAFM lease program with the web based lease.

      3. Provide a copy of liability insurance policy in the amount of $1,000,000.00, naming the School Board of Palm Beach County as a certificate holder and as an additional insured, with the Lease Agreement or purchase liability insurance from the School District.

      4. Potential Lessee must not be in default on a prior-lease payment with any District school. Potential Lessee must have fully compensated the District for any damage resulting from prior use.

    3. Applying for a lease does not obligate the District or school to agree to lease to that organization. In keeping with the express purpose of this Policy not to create or open schools as a public forum for expressive activity, Principals shall use their discretion by not approving Potential Lessees that are inconsistent with the educational mission and vision of the School Board and the community values.

    4. The school must retain, per the District's Retention Schedule, a fully executed lease agreement with all additional required documentation in its files accessible for inspection.

    5. The Superintendent or designee shall develop and present to the Board for its approval, whenever a change occurs, a District-wide rate schedule for the use of school facilities by Community Organizations on a non-profit and commercial basis. This rate schedule shall also determine the percentage of the school's portion and the District's portion of the fees received. The schedule shall be posted on the District's Planning and Real Estate Services website.

    6. All lease fees shall be governed by the District-wide rate schedule. Waivers of fees are governed by the attached Matrix that is incorporated herein as part of this policy. The Superintendent, or designee, however, may determine, depending upon the needs of the school and its students or the District-wide benefit, that the school's portion of the facility fees as stated on the rate schedule, or part thereof, may be waived, under the following conditions:

      1. The lessee is a non-profit organization; and

      2. The facility shall be used for the benefit of the District's student population. Such benefits may include recreational activities, or providing students with the opportunity to engage in activities that are consistent with the District's mission and curriculum.

    7. This reduction of the fee must be properly calculated and documented.

    8. The District's portion of the facility fee cannot be waived, except as stated within the Matrix categories B, D, E and F.

    9. A school may receive an In-Kind Contribution, which reasonably reflects the value of the facility fee under the rate schedule. However, the school would still be responsible for all labor fees and the District's portion of the facility fee.

    10. Adequate liability insurance coverage is required under all lease agreements.

  3. Execution of Leases

    1. Only the school Principal may execute a lease agreement. The CAFM lease agreement form is incorporated herein by reference as part of this Policy. The lease must be entered properly and completely, (including but not limited to dates, times of use and approvals) in the CAFM system (Tririga) and signed by all parties at least forty-eight (48) hours prior to the use of the facility.

    2. Only fees listed on the Board approved District-wide rate schedule may be charged under a lease agreement, unless a lesser amount is charged as per sub-paragraphs 2 (e) or 2 (f) above.

    3. No leases shall extend beyond the end of the fiscal year unless approved by the Superintendent, or designee for good cause shown.

  4. Termination of Lease Agreements

    The Superintendent, Principal or designated Assistant Principal as designees, may cancel leases upon twenty-four (24) hours written notice to the lessee or applicant, in the event of an emergency, school closing or for other good cause.

  5. Interlocal Agreements Permitting Use of Board Facilities

    1. All Interlocal Agreements that provide for the use of School District facilities shall be approved by the School Board. Generally, governmental entities shall enter into an Interlocal Agreement with the District for use of school recreational facilities and their relationship shall be governed under the terms and conditions of the agreement.

    2. Parties using School District facilities under an Interlocal Agreement are required to carry adequate liability insurance unless the user is self-insured.

    3. Pursuant to Sections 101.71(5)and 1013.10, Florida Statutes, upon request of the Supervisor of Elections, the Board allows designated school sites and facilities for use as voting places in any primary, regular or special election.

  6. Preparation of Food Products/Catering While Leasing

    While leasing school facilities, food may be sold or served on campus only if prepared in the school kitchen under the supervision of the school cafeteria staff or if prepared in commercial conditions approved by the Health Department. If catered, a copy of the license or certificate must be provided to the school.

  7. Payment Policy

    1. Fees are to be paid by check or credit card (no cash) at least forty-eight (48) hours prior to the use of a facility. Failure to pay the fee in this timely fashion may result in termination of the agreement without written notice. No cash shall be accepted. Payment for any use beyond the terms of the approved lease must be made within seven (7) business days of notice from the school to lessee.

    2. A school may receive an In-Kind Contribution, which reasonably reflects the value of the fee under the District-wide rate schedule. The School Principal must state the value of this In-Kind Contribution in the lease agreement form and this transaction must be properly documented.

    3. Payments shall be deposited promptly by the school with appropriate documentation as required by State Board of Education Rule 6A-1.001 and the Florida Department of Education publication titled, "Financial and Program Cost Accounting and Reporting for Florida Schools, (Redbook 2001)". The amounts collected shall be separated by the school for deposit into one of these appropriate internal fund accounts: extra services-custodial; extra services-other; Florida sales tax payable; rental facilities event insurance; rental income, and utilities-facilities rental (which is the District's share of the rental proceeds). In December and June of each school year the school transmits the Utility Fee account and Event Insurance Fee account funds collected during that semester to the District's Accounting Department.

  8. Training

    1. The District shall provide training to relevant school staff as to the process used for the leasing of facilities and the provisions within this Policy.

    2. The Superintendent may issue bulletins consistent with the provisions of this Policy.

STATUTORY AUTHORITY:Fla. Stat. §§ 1001.32(2); 1001.41 (1) & (2); 1001.42 (2), (21) & (26)
LAWS IMPLEMENTED:Fla. Stat. §§ 1001.32(2); 1001.42 (2), (11) & (12); 1001.43(2), (4), & (5); 1013.10
HISTORY:2/18/72; 7/20/77; 4/18/89; 6/6/84; 6/8/94; 10/25/96; 7/29/98; 7/7/2010; 7/25/2012