PINE TREE ISD FACILITIES USE AND RENTAL HANDBOOK

Transcription

1 PINE TREE ISD FACILITIES USE AND RENTAL HANDBOOK

2 Pine Tree Independent School District Facility Use and Rental of District Facilities The purpose of the Pine Tree ISD Facility Use and Rental Guidelines is to protect the taxpayer's investment in facilities and equipment, assure that the primary mission of educating students is preserved, ensure the safety of all users, to provide equal and fair access to District patrons while ensuring compliance to local policies as well as State and Federal laws. In accordance with Pine Tree ISD Board Policy GKD (Local) the District shall permit non-school use of designated District facilities for a variety of activities that do not conflict with school use or with this policy. These types of activities and organizations include: Educational Recreational Community/Civic Social Service For-profit Youth Student/Youth Parent School Support Professional Educational Public Educational Facility Rentals Other Than Athletic Facilities Athletic Facility Rentals FS DIRECT Contact: Tambrea Everett, Facility Services Administrative Assistant teverett@ptisd.org Phone: ext. 128 Contact: Kristi Chadwick, Athletic Office Administrative Assistant kchadwick@ptisd.org Phone: ext. 211 The District will be using a computerized reservation and scheduling system (FS Direct) to manage the use of our facilities. An explanation of the guidelines and scheduling system will follow. Please do not hesitate to contact us if you have any questions. Respectfully, Tony Hollins, CTSBS Director of Facility Services 2

3 TABLE OF CONTENTS INTRODUCTION PURPOSE SCOPE OF AUTHORITY BOARD POLICIES SCHEDULING PRIORTIES FEES GENERAL GUIDELINES GENERAL REQUIREMENTS CANCELLATION POLICY RENTAL PROCEDURES (FS DIRECT) RENTAL RULES AND REGULATIONS DECORATING GUIDELINES ADDENDUM A SCHEDULE OF FEES ADDENDUM B - FACILITY INFORMATION FACILITY USE REQUEST FORM LEASE AGREEMENT ATHLETIC COMPLEX RENTAL AGREEMENT Page 4 Page 4 Page 4 Page 5 Page 8 Page 8 Page 8 Page 10 Page 10 Page 13 Page 15 Page 16 Page 17 Page 25 Page 36 Page 38 SEE INSERT 3

4 PINE TREE INDEPENDENT SCHOOL DISTRICT NON-SCHOOL FACILITIES USE RULES AND REGULATIONS INTRODUCTION The Pine Tree Independent School District s primary function is to provide a quality education through state and locally funded instructional programs. District buildings, grounds and equipment are financed and maintained for the sole purpose of promoting the education of the enrolled students of the Pine Tree Independent School District. Any other purpose for which school facilities or properties are used shall be subordinate and shall not interfere with the program of school activities. Community use of District facilities is done as a public service, in recognition of the community s contribution to the District. Groups/organizations using Pine Tree ISD facilities shall be composed of District residents and shall have a District address (a P.O. Box is not acceptable). Pine Tree ISD activities have priority use for facilities. In case of conflict with other non-school groups, every effort will be made to provide an alternate site. However, Pine Tree ISD activities will take precedence over all other scheduled events regardless of confirmation status. The District may cancel any agreement without notice if the facility is needed for District operations. This cancellation will require the approval of the Superintendent or designee. I. PURPOSE The purpose of this document is to set appropriate standards, priorities, and guidelines for scheduling facilities and ensure the safety of Pine Tree ISD students, staff, and community. School officials may not lease school property for community use in a way that might interfere with the primary educational purpose of the school facilities. The district will not approve programs or events which are deemed to present a safety hazard to participants or members of the district community. The superintendent of schools will be responsible for determining whether a program is potentially hazardous. II. SCOPE OF AUTHORITY AND RESPONSIBILITY FOR FACILITY SCHEDULING The Texas Education Code and local school board (legal and local) policy govern use of district educational facilities. The scheduling of all available Pine Tree ISD facilities will be coordinated through the Facility Services Department at Pine Tree ISD. This coordination will be conducted through an internal software system (SchoolDude FSDirect) and will include automated notification to Campus Secretaries, Principals, Building/Ground Maintenance personnel, Custodial Staff, and Athletic Department. 4

5 III. PTISD BOARD POLICIES LEGAL AND LOCAL Applicable PTISD Board Policies referencing Facility Use: DGA LOCAL USE OF DISTRICT FACILITIES o Organizations representing professional, paraprofessional, or support employees may use District facilities with prior approval of appropriate administrator. Other groups composed of District employees may use District facilities in accordance with policy GKD. FM LOCAL USE OF DISTRICT FACILITIES o School-sponsored student groups may use District facilities with prior approval of the appropriate administrator. Other student groups may use District facilities in accordance with policy FNAB. FNAB LEGAL LIMITED OPEN FORUM IN SECONDARY SCHOOLS o the school grants an offering to or an opportunity for one or more non-curriculum related student groups to meet on school premises during non-instructional time. 20 U.S.C. 4071(b) FNAB LOCAL STUDENT EXPRESSION USE OF SCHOOL FACILITIES FOR NONSCHOOL PURPOSES o Each District secondary school campus shall offer an opportunity for noncurriculum-related student groups to meet on school premises during noninstructional time. o REQUESTS To receive permission to meet on school premises during noninstructional time, interested students shall file a written request with the principal on a form provided by the District. o have read and understand the policies and rules governing nonsponsored, noncurriculum-related student groups and that the group will abide by those rules. o APPROVAL- Approval to meet as a nonsponsored, noncurriculumrelated group shall be granted for one school year at a time, subject to the provisions of this policy. o EMPLOYEE MONITOR The principal shall assign a District employee to attend and monitor each student group meeting. Monitors shall be present at meetings and activities in a nonparticipatory capacity to maintain order and protect school property. GE LOCAL USE OF DISTRICT FACILITIES 5

6 o District-affiliated school-support or booster organizations may use District facilities with prior approval of the appropriate administrator. Other parent groups may use District facilities in accordance with policy GKD. GKD LEGAL FEES FOR USE o The Board may set and collect rentals, rates, and charges from students and others for the occupancy or use of any of the District s facilities, in the amounts and manner determined by the Board. Education Code PATRIOTIC SOCIETIES o If the District has a designated open forum or a limited public forum and receives funds made available through the Untied States Department of Education, the District shall not deny equal access or a fair opportunity to meet, or to discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code (as a patriotic society), FACILITIES AS POLLING PLACES o The District shall make its buildings available for use as polling places in any election that covers territory in which the buildings are located Election Code (c) o No charge, including a charge for personnel, utilities, or other expenses incurred before or after regular business hours, shall be made for the use of a District building for a polling place if the day of the election is a day on which the building is normally open Election Code (a) POLITICAL PARTY CONVENTIONS o The District shall not assess a charge for the use of a school building for a precinct, county, or senatorial district convention, except for reimbursement for the actual charges resulting from use of the building for the convention. The District shall provide an itemized statement of expenses to the reimbursing authority. Election Code GKD LOCAL NONPROFIT FUNDRAISING o The District shall permit nonprofit organizations to conduct fundraising events on District property when these activities do not conflict with school use or with this policy. SCHEDULING 6

7 o Requests for nonschool use of District facilities shall be considered on a first-come, first served basis. o Academic and extracurricular activities sponsored by the District shall always have priority when any use is scheduled. (See FM) The principal or director.have authority to cancel a scheduled nonschool use if an unexpected conflict arises with a District activity. APPROVAL OF USE o The principal is authorized to approve use of facilities on a school campus. The facility director is authorized to approve use of all other District facilities except athletic facilities. The athletic director is authorized to approve use of District athletic facilities. EXCEPTION o No approval shall be required for nonschool-related recreational use of the District s unlocked, outdoor recreational facilities, such as the track or tennis courts not in use by the District or for a scheduled nonschool purpose. USE AGREEMENT o.required to completed a written agreement indicating receipt and understanding of this policy and any applicable administrative regulations, and acknowledging that the District is not liable for any personal injury or damages to personal property related to the nonschool use. FEES FOR USE o Nonschool users shall be charged a fee for the use of designated facilities. o The Board shall establish and publish a schedule of fees based on the cost of the physical operation of the facilities, as well as any applicable personnel costs for supervision, custodial services, food services, security, and technology services. EXCEPTIONS o Fees shall not be charged when school buildings are used for public meetings sponsored by state or local government agencies. o Fees shall not be charged for use by District employee professional organizations. (See DGA) REQUIRED CONDUCT o Persons or groups using school facilities shall: Conduct business in an orderly manner. Abide by all laws and policies, including but not limited to those prohibiting the use, sale, or possession of alcoholic beverages, illegal drugs, and firearms, and the use of tobacco products on school property. (See GKA) Make no alteration, temporary or permanent, to school property without prior written consent from the Superintendent. 7

8 o All groups using school facilities shall be responsible for the cost of repairing any damages incurred during use and shall be required to indemnify the District for cost of any such repairs. IV. SCHEDULING PRIORITIES FOR DISTRICT FACILITIES a. All regularly scheduled educational program, including instructional activities: meetings, practices, and performances of school-sponsored groups and staff meetings related to official school business. b. Meetings and other activities of school support groups organized for the sole purpose of supporting the schools or school-sponsored activities. c. Meetings and other activities of groups made up primarily of school-aged children. d. Meetings of employee organizations. e. Meetings and activities of other groups on a first-come, first-served basis. f. Community Center long weekend use: If employees are scheduled to have a paid holiday on a Monday or Friday that would generate a 3 day weekend, the Community Center will be CLOSED for use on that weekend. EXCEPTION: A district sponsored event. V. FEES The Texas Constitution prohibits school districts from spending district resources to serve non-school purposes 1. Arguably, charging no fees at all constitutes an improper gift of public funds, if the district is spending resources to keep its doors open for non-school use. Charging different fees based on the viewpoints expressed by participating groups is illegal viewpoint discrimination. Pine Tree ISD bases the fees charged on the following criteria: a. Classification of group renting the facility (refer to Addendum A: Fees) [pg. 16] b. Facility being used (refer to Addendum B: Facility Information) [pg.24] c. Staffing requirements (refer to Addendum A: Fees) [pg. 16] d. Parking and Public Safety e. Damage Deposit VI. GENERAL GUIDELINES Organizations using school/district facilities shall abide to the following: 1 TASB, Inc Legal interpretation of the Texas Constitution. 8

9 a. Conduct their business in an orderly manner. b. Abide by all laws and policies, including but not limited to those prohibiting the use, sale or possession of alcoholic beverages, illegal drugs and firearms and the use of tobacco products on school property. c. Make no alteration, temporary or permanent to school property without prior written consent from the Superintendent. Pine Tree ISD shall have a custodian or other designated employee in the building throughout the time the facility is in use. This person shall be responsible for opening and closing the facility but is not responsible for supervising the lessee s/user s activities. d. Non school materials may be distributed only if they DO NOT contain the following: i. The materials are obscene, vulgar or otherwise inappropriate for the age and maturity of the audience. ii. The materials endorse actions endangering the health or safety of students. iii. The distribution of such materials would violate the intellectual iv. property rights, privacy rights, or other rights of another person. The materials contain defamatory statements about public figures or others. v. The materials criticize Board members or school officials or advocate violations of school rules and fall within the standard described at Limitations on Expression. vi. vii. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action. The materials include hate literature and scurrilously attacks ethnic, religious or racial groups and similar publications aimed at creating hostility and violence. e. Fundraising may be allowed on Pine Tree ISD property as long as it is not in conflict with the Pine Tree ISD mission statement. All fundraising activities generated from groups outside Pine Tree ISD must be approved and coordinated through the Superintendent s office. All fundraising activities generated from groups within Pine Tree ISD must be approved by the Superintendent. School facilities may not be used for moneymaking activities of an un-lawful nature. Money-making activities shall be limited to organizations known to have strong educational or community service programs such as P.T.A. and service club. f. Any organization may be required to submit an official roster of members and/or attendees. All non-school use of school facilities and restricted grounds shall be made only upon a lease contract executed by Superintendent s designee. Lease contracts and the privileges of the lessee are not transferable to any other individual, group or organization. g. School facilities will NOT be available for commercial purposes. No activity or program can be approved which has as its purpose profit or gain to the 9

10 individual or group concerned. Proof of Non Profit 501 C Certificate must be provided. h. School facilities (EXCEPTION: Community Center) may NOT be used for dances, parties, etc., except by school groups or PTA groups. i. No district facility or grounds shall be used by any group or individual who is not in compliance with the requirements or all applicable Federal or State Statues, regulation and rules prohibiting discrimination on the basis of race, religion, color, sex, national origin, physical or mental disability, age or other classification as applicable. Use of school facilities shall not be allowed for the purpose of advancing any doctrine or theory subversive to the Constitution or laws of the State of Texas or of the United States. VII. GENERAL REQUIREMENTS A. Insurance All non-school related events must be protected with a certificate of insurance in the amount of $1,000,000 per event. The certificate of insurance must name the trustees of the Pine Tree ISD and the appropriate district auxiliary (where applicable) as additional insured. The lessee agrees to defend, indemnify and hold PTISD, its elected officials and employees, harmless against any and all claims, lawsuits, judgment, costs, legal fees and expense for personal injury (including death), property damage or other harm for which recovery of damage is sought that may arise out of or be occasioned by the lessee s breach of any of the items or provisions of this Agreement/contract. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise to any person or entity. With reference to any Texas legislative administrative procedural fines or assessment of penalties, levied by any authority relating to the administration of PTISD property rental management program, determination of responsibility is subject to the terms specified above. B. Contracts and Agreements District facilities may be used only through a written use agreement from the district. The district does not accept any costs or liability arising from the activities associated with the event. C. Security/Public Safety All meetings by groups on Pine Tree ISD property must have the requesting individual onsite as indicated on the request for use form. A peace officer licensed in the state of Texas or school employee(s) must be provided for events which last past 10:00 pm and have groups numbering over 50. The individual/ group/organization must provide security. VIII. CANCELLATION POLICY 10

11 A. False Information and Other Grounds for Termination of Lease Facility usage is a privilege. Any misrepresentation by an organization or individual, abuse of property, and non-payment by the organization or an individual representing the organization may result in immediate termination of the contract, including immediately vacating the premises, and denial of that organization s request for future use. Any and all information given in connection with lease requests by any lessee of the District s building, grounds, and/or equipment shall clearly identify the nature of the activity of the organization. B. Right of Cancellation and conflicts with School Activities - The district shall have first priority on facility use and may unilaterally cancel any agreement on any facility by giving notice twenty-four hours prior to a requested lease period if the district determines that it must use the facility for a function related to the operation of the District. The District also shall have the right to cancel or move an event to another location, based on availability within the District, should a disaster occur that would require extensive repairs. In case of emergency, a twenty-four hour notice may not be possible. 11

12 PINE TREE ISD Rental Procedures 12

13 RENTAL PROCEDURES ALL CAMPUS FACILITY USE REQUESTS MUST BE SCHEDULED THROUGH THE APPROPRIATE CAMPUS, WHICH WILL THEN ROUTE THE REQUEST TO THE PINE TREE ISD FACILITY SERVICES DEPARTMENT. ALL ATHLETIC FACILITY REQUESTS WILL BE SCHEDULED THROUGH THE ATHLETIC DEPARTMENT. A FORM MUST BE COMPLETED, SIGNED AND RETURNED FOR ALL ACTIVITIES. COMMUNITY USERS WILL USE THE FOLLOWING LINK TO ACCESS THE RESERVATION WEBSITE, FS DIRECT Anyone requesting use of a PTISD facility must first complete and sign a PTISD Facility Use Request form. Request forms for permission to use District facilities should be submitted at least 10 days in advance of the date(s). 2. If no conflicts are found, the request should be approved. 3. Each event is scheduled using the Facility Scheduling Software (SchoolDude FSDirect). Through this software, approvals, notifications, and calendar updates are made. An online calendar will be available for viewing. 4. After the application has been approved, the following paperwork for billing purposes is completed: a. Copies of the contract agreement will then be mailed to the lessee. The application shall serve as the permit for facility use and must be available for occupancy of the facility. b. Liability Insurance documentation from the Lessee. c. Pine Tree ISD personnel shall complete a time sheet for special events to document overtime worked by school personnel for events at his/her school. d. Normal Payroll protocol for overtime will then be followed. 5. An invoice will be issued for the Facility Rental, Personnel Fees, and Additional Fees per the agreement. 6. Full payment of invoiced amount and Damage Deposit are due 7 days prior to the scheduled event. Upon receipt of payment (cashier s check, money order, or business check), the Approved Form will be released to the renter. On the date of the event, the renter must present this Approved Form to the Pine Tree ISD personnel on duty. It is recommended that any advertisement of the activity not be distributed until written confirmation is received from Pine Tree ISD and payment in full is received from the Lessee. 7. Should a change or cancellation of event occur, the Scheduling Contact Person should be notified within 72 hours preceding the event. 13

14 PINE TREE ISD Rental Rules And Regulations 14

15 RULES AND REGULATIONS FOR FACILITY RENTAL 1. Any conduct/acts, which are punishable by law, are prohibited. 2. Smoking and the use of any tobacco product on all Pine Tree ISD properties are prohibited. (20 U.S.C Et Seq. Penal code 4801) 3. Alcoholic beverages are prohibited on all Pine Tree ISD properties (Ed. Code ) 4. Food, drink, and candy are restricted to the cafeteria and snack bar areas only (EXCEPTION: Community Center). 5. Food and drink restrictions: No RED food or drinks. 6. Materials such as hay, confetti, candles, fireworks (or any other product containing gunpowder), or fog machines may not be used. Decorations must have pre-approval from the Facility Services Department (please refer to Decorating Guidelines on Page 15). 7. Participants shall not enter any facility or section of a facility until Pine Tree ISD personnel has given permission to enter. 8. Children must have adult supervision at all times. High school students will not suffice as adult supervisors (coaches). 9. Equipment malfunction at the facility will not automatically result in any refunds to the renter. 10. The District is under no obligation to maintain and/or improve District owned property for the benefit of the renter. 11. All bulletin boards, wall poster, permanent fixtures, furniture, or equipment shall be left undisturbed. 12. All participants must evacuate the building if the fire alarm sounds. Participants may re-enter upon permission from District personnel or Fire Department personnel. 13. No live animals are allowed on school property while renting a facility. (EXCEPTION: Trained dogs providing disability assistance and trained dogs working with licensed peace officer personnel. 14. Facilities are available for Non-school sponsored activities Monday through Saturday. 15. Facilities are NOT available on holidays/holiday weekends except for churches that have regularly scheduled services, which have been approved by the Facility Services Department. 16. All activities MUST end by 9:00 pm during the week and 11:00 pm on weekends for non-school activities. 17. Renter/lessee assumes full responsibility for any damage to the facility and equipment being used. 18. Cafeteria use requires notification to the Food Service Director and a member of the Pine Tree ISD food service staff must be contracted to use any kitchen equipment. 19. Restrictions for the Pirate Stadium/Athletic Complex are listed on page

16 DECORATION OF FACILITIES Decorations for events or activities must be approved in advance by the Director of Facility Services. Decoration details must be submitted in writing for approval. All decorations must meet local, state, and federal fire safety codes. Any costs for repairing damaged floors, window coverings, walls, or facility space as a result of decorating or posting will be charged to the individual who signed the facility lease agreement. I. Decorating Guidelines a. All decorations shall be placed on tables or freestanding supports. No decorative items or their supports may be attached to or supported by the furniture, the ceiling, walls, or any other architectural element of the building. Existing floral, plant material, or any other decoration may not be moved, altered, or adjusted without prior written permission b. The following items are not allowed in the district facilities: candles, nails, tacks, screws, staples, glitter, paint, markers, or glue. Loose marbles, roller skates, bicycles, confetti, rice, birdseed, bubbles, stickers, silly string, and crepe paper are not allowed. c. Taping of floors is not permitted. d. Flowers must be arranged before being brought to the district facilities unless special floor covering is used to prevent staining and slipping on the floors. Flowers and any other type of vegetation shall be free of all pests. Hay bales must be artificial. No plant material with decorative berries, dyed materials that are not contained, or other vegetation with staining qualities shall be a part of any floral decoration. e. Decorations may not be brought in until the specified rental start time. All decorations must be fully moved out within one hour immediately following the event, unless the district has granted prior approval. f. All decorations used within district facilities will be fire rated under local, state, and federal code. g. Protection of floor coverings must be considered in the development of any decoration scheme that might be free standing within the facility. Materials which contain any substance that might be considered abrasive are prohibited. h. Decoration trash must be bagged for the dumpster. Materials must be removed and not be left for custodial staff to discard. Failure to do so will result in the loss of Damage Deposit or future rental of facilities. The event will not be allowed to proceed if there are any violations of this policy. 16

17 PINE TREE ISD FACILITY RENTAL SCHEDULE OF FEES Addendum A 17

18 Pine Tree ISD Facility Services Department P.O. Box 5878 Longview, TX Web Address: (903) FACILITY CATEGORY INFORMATION CATEGORY A - SCHOOL AFFILIATED, YOUTH ORIENTED, NON PROFIT GROUPS Examples: PTA, Booster Clubs, Local Professional Educator Organizations, campus registered student clubs, and School sponsored Athletic Camps FEE STRUCTURE Building Fees/utilities for these groups will be waived. Fees will be applied, for Fundraising Events, for personnel (as needed) and use of equipment in specialized areas of each facility. Usage of special equipment requires authorization from the building principal or designee. School sponsored athletic camps, whenever a fee is charged to participants, will be charged: $10 per participant for camps within a building. $5 per participant for outdoor camps. Academic camps must get prior approval through the Curriculum Office. Academic camps will also be charged a room fee of $30 per room per week. 18

19 Facility Services Department P.O. Box 5878 Longview, TX Web Address: (903) FACILITY CATEGORY INFORMATION CATEGORY B - NON SCHOOL AFFILIATED, YOUTH ORIENTED, NON-PROFIT Examples: Youth sports associations, youth sports clubs, non-city of Longview programs, and PTISD sanctioned programs which benefit Pine Tree students. MAJORITY OF PARTICIPANTS must reside in PTISD (a roster will be required to verify residency). Additionally, there will be a $5 per person per month fee charged to groups using PTISD facilities on a recurring basis. FEES (Utilities Included) FACILITY ROOM FEES PRIMARY CAFETERIA $25/hr GYM $25/hr ELEMENTARY CAFETERIA $25/hr GYM $25/hr INTERMEDIATE & CAFETERIA MIDDLE SCHOOL $25/hr GYM $25/hr JR. HIGH SCHOOL CAFETERIA/STAGE $25/hr GYM $75/1st Hour HIGH SCHOOL THEATER LOBBY $25/hr THEATER $75/hr (2 hour min) CLASSROOM $25/hr CAFETERIA $25/hr GYM $75/1st Hour $35/Additional hour COMMUNITY CENTER $50/First 3 hours AUDITORIUM $75/hr MULTIPURPOSE $100/hr STADIUM - AUXILIARY $125/hr PIRATE STADIUM $250/hr ATHLETIC FIELDS $25/hr $450/1 st game, $400/2 nd game, BASEBALL FIELD $330/3 rd game $450/1 st game, $400/2 nd game, SOFTBALL FIELD $330/3 rd game TENNIS COURTS $150/day SCHEDULE OF FEES: Custodial Support $25/hr/person IT Support $35/hr/person Maintenance Support $35/hr/person Kitchen Support $25/hr/per person **PLEASE NOTE** Custodial and Maintenance Support Staff are on site strictly to oversee the facility and event. The event organizers and committees are responsible for food/refreshment prep, decorating, clean up, etc. PLEASE SEE GUIDE FOR SPECIFIC DETAILS 19

20 Facility Services Department P.O. Box 5878 Longview, TX Web Address: (903) FACILITY CATEGORY INFORMATION CATEGORY C - NON YOUTH ORIENTED, NON PROFIT GROUPS Examples: Churches, Civic Organizations, Government entities, Homeowners Associations FEES (Utilities Included) The fees below are based on NO ADMISSION being charged to patrons. FACILITY ROOM FEES PRIMARY CAFETERIA $50/hr GYM $50/hr ELEMENTARY CAFETERIA $50/hr INTERMEDIATE & MIDDLE SCHOOL GYM CAFETERIA GYM $75/hr $50/hr $50/hr JR. HIGH SCHOOL CAFETERIA/STAGE $50/hr GYM $150/1st Hour $75/Additional hour HIGH SCHOOL THEATER LOBBY $50/hr THEATER CLASSROOM CAFETERIA $150/hr $50/hr $50/hr GYM $150/1st Hour $75/Additional hour COMMUNITY CENTER $100/First 3 hours Flat Rate $25/Additional hour AUDITORIUM MULTIPURPOSE STADIUM - AUXILIARY PIRATE STADIUM ATHLETIC FIELDS BASEBALL FIELD SOFTBALL FIELD TENNIS COURTS SCHEDULE OF FEES: Custodial Support IT Support Maintenance Support $150/hr $200/hr $250/hr $500/hr $50/hr $450/1 st game, $400/2 nd game, $330/3 rd game $450/1 st game, $400/2 nd game, $330/3 rd game $150/day $25/hr/person $35/hr/person $35/hr/person Kitchen Support $25/hr/per person **PLEASE NOTE** Custodial and Maintenance Support Staff are on site strictly to oversee the facility and event. The event organizers and committees are responsible for food/refreshment prep, decorating, clean up, etc. PLEASE SEE GUIDE FOR SPECIFIC DETAILS 20

21 Facility Services Department P.O. Box 5878 Longview, TX Web Address: (903) FACILITY CATEGORY INFORMATION CATEGORY D----PROFIT GROUPS Examples: Local businesses and any group without non profit status FEES (Utilities Included) The fees below are based on ADMISSION being charged to patrons. FACILITY ROOM FEES PRIMARY CAFETERIA $25/hr ELEMENTARY CAFETERIA Negotiable GYM $150/hr INTERMEDIATE CAFETERIA $25/hr JR. HIGH SCHOOL CAFETERIA/STAGE $150/hr GYM $300/1st Hour $125/Additional hour HIGH SCHOOL THEATER LOBBY $175/hr THEATER $300/hr CLASSROOM $100/hr CAFETERIA Negotiable GYM $300/1st Hour $125/Additional hour COMMUNITY CENTER $200/First 3 hours Flat Rate $50/Additional hour AUDITORIUM $300/hr MULTIPURPOSE $400/hr STADIUM - AUXILIARY $500/hr PIRATE STADIUM $1000/hr ATHLETIC FIELDS $100/hr BASEBALL FIELD $450/1 st game, $400/2 nd game, $330/3 rd game SOFTBALL FIELD $450/1 st game, $400/2 nd game, $330/3 rd game TENNIS COURTS $250/day SCHEDULE OF FEES: Custodial Support $25/hr/person IT Support $35/hr/person Maintenance Support $35/hr/person Kitchen Support $25/hr/per person **PLEASE NOTE** Custodial and Maintenance Support Staff are on site strictly to oversee the facility and event. The event organizers and committees are responsible for food/refreshment prep, decorating, clean up, etc. PLEASE SEE GUIDE FOR SPECIFIC DETAILS 21

22 Facility Services Department P.O. Box 5878 Longview, TX Web Address: (903) FACILITY CATEGORY INFORMATION CATEGORY E - NON PROFIT YOUTH SERVICE GROUPS Examples: Girl Scouts, Boy Scouts FEES (Utilities Included) Building fees for these groups will be waived during the school week (Monday Friday). Custodial and Supervisor fees may apply. Weekend usage of PTISD facilities will require a building fee as well as cost for other personnel as needed. FACILITY ROOM FEES PRIMARY CAFETERIA $25/hr GYM $25/hr ELEMENTARY CAFETERIA $25/hr INTERMEDIATE & MIDDLE SCHOOL GYM CAFETERIA GYM $25/hr $25/hr $25/hr JR. HIGH SCHOOL CAFETERIA/STAGE $25/hr GYM $75/1 st Hour HIGH SCHOOL THEATER LOBBY $25/hr COMMUNITY CENTER AUDITORIUM MULTIPURPOSE STADIUM - AUXILIARY PIRATE STADIUM ATHLETIC FIELDS BASEBALL FIELD SOFTBALL FIELD TENNIS COURTS SCHEDULE OF FEES: Custodial Support IT Support Maintenance Support THEATER CLASSROOM CAFETERIA $75/hr (2 hour min) $25/hr $25/hr GYM $75/1st Hour $35/Additional hour $50/First 3 hours $75/hr $100/hr $125/hr $250/hr $25/hr $450/1 st game, $400/2 nd game, $330/3 rd game $450/1 st game, $400/2 nd game, $330/3 rd game $150/day $25/hr/person $35/hr/person $35/hr/person Kitchen Support $25/hr/per person **PLEASE NOTE** Custodial and Maintenance Support Staff are on site strictly to oversee the facility and event. The event organizers and committees are responsible for food/refreshment prep, decorating, clean up, etc. PLEASE SEE GUIDE FOR SPECIFIC DETAILS 22

23 EQUIPMENT AVAILABLE FOR RENT Pine Tree ISD offers the following items to be rented while using a Pine Tree ISD facility. All rental items must stay within the room where the activity is being held: Portable Sound System $ **Where available/applicable** Chairs $ 0.50/chair Tables $ 1.00/table PARKING LOT FEES All parking lots must be reserved through the Facility Services Department. Parking Lot Fee **Non Parking Related Use** $200/8 hours RESTROOM FACILITY ACCESS AND COSTS Groups requiring access to Restroom Facilities when approved to use outdoor athletic fields and/or other areas with no assigned rental fee, will be charged a restocking fee as follows: Stadium (Old) Home Side Restrooms: $48.23 Stadium (Old) Visitor Side Restroom: $39.45 JH Softball Concession Restroom: $22.20 ** Custodial Staff may be required to be on-site by PTISD resulting in a staffing charge of $25.00/hour ** PINE TREE ISD PERSONNEL FEES Groups using Pine Tree ISD Facilities on weekends and after 4:00 P.M. will, at a minimum, have a custodian assigned to the event. The custodian will assist with specific problems that might arise during the event. Groups are responsible for maintaining proper decorum during the time the activity is in progress. Custodial and Maintenance Technicians and any other personnel are not calculated into the building use fee. Inappropriate behavior or failing to comply with the custodian s directives, may result in immediate termination of the activity with no refund. SCHEDULE OF FEES: Custodial Support IT Support Maintenance Support Kitchen Support $25/hr/person $35/hr/person $35/hr/person $25/hr/person ** PLEASE NOTE** Custodial and Maintenance Support Staff are on site strictly to oversee the facility and event. The event organizers and committees are responsible for food/refreshment prep, decorating, clean up, etc. 23

24 RENTAL AGREEMENT NOTES 1.) The following notes pertain to ALL Facility Category groups: The minimum charges to use the PTISD facilities are for one-hour with the exception of the Community Center which offers a flat fee for the first three hours. An additional fee will be charged for each additional hour. All facilities require a property damage deposit of $ Payment of estimated fees and deposit must be made 7 days in advance of rental date. Fees in excess of estimated fees must be paid within 30 days. Each facility requires custodial services at a rate of $25.00/hour. Any event/activity requiring sound, lighting, and/or additional services, a qualified PTISD employee is required to operate or service the equipment. Rates and fees for these employees are listed on each Category Information page. *Note: A different rental rate is applied if the participants are charged fees such as an admission fee. Also, fees do not reflect the rental fees associated with the cost of hosting UIL sponsored athletic events. Please contact the Athletic Director for these fees. 2.) PTISD SCHOOL SPONSORED USE All facilities are available free of charge for PTISD sponsored events. If the event includes a fee for participants/attendees, and requires sound, lighting, etc., a qualified PTISD employee must be present to operate the equipment. The rates and fees for these employees are listed on each Category Information page. 3.) Community Center Use by PTISD Employees and for Reunions The Community Center is available for PT employees and Alumni for Reunion events. The regular fee ($100 for 1 st 3 hours) and deposit are waived unless an admission is charged. The reduced fee is $25/hr. The Custodial Service fee is charged at a rate of $25.00/hour. Community Center long weekend use: If employees are scheduled to have a holiday on a Monday or Friday that would generate a 3 day weekend, the Community Center will be CLOSED for use on that weekend. EXCEPTION: A district sponsored event. 24

25 PINE TREE ISD FACILITY INFORMATION Addendum B 25

26 PINE TREE COMMUNITY CENTER 1701 Pine Tree Road, in the PTISD Administration Building The Community Center is free of charge during school hours, but reservations are required. After school hours, the center rents for a flat fee of $100 for the first three hours. An additional charge of $25 is charged for each additional hour. PTISD employees wanting to use the facility for personal use, and PTISD Alumni for Reunion events are charged a reduced rate of $25.00 an hour for facility use and the fee of $25.00 an hour for custodial services. The regular fee and deposit is not required unless admission is charged. Security may be required once the district is made aware of the event details. Community Center long weekend use: If employees are scheduled to have a holiday on a Monday or Friday that would generate a 3 day weekend, the Community Center will be CLOSED for use on that weekend. EXCEPTION: A district sponsored event. Items Available: Tables, 6 foot long (20 total), Chairs (70 total), Overhead screen, podium, marker board, Refrigerator, Sink and Restrooms. 26

27 ATHLETIC FACILITIES PTISD Athletic facilities were constructed primarily for use by PTISD athletic teams and other PTISD extracurricular teams and individuals. Special arrangements must be made for uses of a different nature. All athletic facilities must be approved by the District s Athletic Director. 1. Pirate Center 1005 W. Fairmont (Seating Capacity: 2500) The Pirate Center may be reserved for special events via the Athletic office. Prior approval is mandatory. No unauthorized use of the facility, including but not limited to the court, stands, concession area or scoreboard will be allowed. PTISD has and will continue to host UIL play-off games when possible upon request to the District Athletic Director. Rental fees as well as maintenance and worker fees are required for such special activities. All school district activities take precedence over outside groups and are scheduled through Athletic Office. The District reserves the right to contract for the operation of all concession stands. 2. Campus Gyms Outdoor sports are NOT allowed in the gymnasiums. Gym use must be approved by the District s Athletic Director. Only regular basketball rubber-soled shoes may be worn on the gymnasium floors. The rental does not include the use of dressing rooms, mats or other equipment in the gymnasium area. The District reserves the right to contract for the operation of all concession stands. If dressing rooms or other equipment is needed, special arrangements must be requested on the facility application. 3. Tennis Courts 900 Northwest Drive, between the high school and junior high campuses District tennis courts are available when not needed by the District. Tennis courts are open to the public 7 days a week from 7:00 am 10:00 pm (except for holidays) on a first come, first served basis. Reservations are required for tournaments and special events. UIL sanctioned events/tournaments hosted by neighboring schools will be assessed a fee whenever entry fees are being charged to participants. Roller blades, skates, motor bikes, bicycles or other sports and activities are not allowed. 4. Practice Fields The fields are available when not needed by the district for school activities. Use of the practice fields must be approved by the District s Athletic Director. The District will assign someone to duty while the field is in use. Vehicles are not permitted to drive inside the gate area with the exception of an ambulance that must be on duty in case of injury. Trash is to be contained in the trash cans. The District does not provide down markers and chains. All District activities take precedence over outside groups. If restroom facilities are requested, there will be a restocking fee charged for the appropriate facility. Please refer to *Page 23* for details. 27

28 5. Football Stadium - Auxiliary 1701 Pine Tree Road, next to the Central Administration building The Pirate stadium may be reserved for special events via the Athletic office. Prior approval is mandatory. No unauthorized use of the stadium facility, including but not limited to the field, press box, stands, concession area or scoreboard will be allowed. No animals are allowed in the Stadium or on the field and track unless the animal is a service animal. Stadium rental fees as well as maintenance and worker fees are required for such special activities. All school district activities take precedence over outside groups and are scheduled through Athletic Office and the Athletic Director. The District reserves the right to contract for the operation of all concession stands. 6. PTISD Track (Old) 1701 Pine Tree Road, inside the Football Stadium- Auxiliary (Dusk to Dawn Exception on Holidays) 1005 West Fairmont, behind the HS Fieldhouse (24 hours) The District tracks are available for public use when not used for school activities. Hard sole shoes are not allowed on the track. All visitors must stay off the grass. No animals are allowed in the Stadium or on the field and track unless the animal is a service animal. Children must be supervised at all times. Bicycles, strollers, roller blades, skates, skateboards, motor bikes, bicycles, tricycles are not allowed. 7. Concession stands (Old) 1701 Pine Tree Road, inside the Football Stadium - Auxiliary 8. High School Baseball Field 1005 W. Fairmont The field is available when not needed by the district for school activities. Use of the practice fields must be approved by the District s Athletic Director. The District will assign someone to duty while the field is in use. Vehicles are not permitted to drive inside the gate area. Trash is to be contained in the trash cans. The scoreboard must be requested each time it is to be used and then promptly returned after each use to Central Office. All concessions are to be done by the school. All District activities take precedence over outside groups. 9. High School Softball Field 2100 W. Loop 281 The field is available when not needed by the district for school activities. Use of the practice fields must be approved by the District s Athletic Director. The District will assign someone to duty while the field is in use. Vehicles are not permitted to drive inside the gate area. Trash is to be contained in the trash cans. The scoreboard must be requested each time it is to be used and then promptly returned after each use to Central Office. All concessions are to be done by the school. All District activities take precedence over outside groups. 28

29 10. Pirate Stadium W. Loop 281 Seating capacity Home: 4,000 Visitors: 2,500 The Pirate stadium may be reserved for special events via the Athletic office. Prior approval is mandatory. No unauthorized use of the stadium facility, including but not limited to the field, press box, stands, concession area or scoreboard will be allowed. PTISD has and will continue to host UIL play-off games when possible upon request to the District Athletic Director. Stadium rental fees as well as maintenance and worker fees are required for such special activities. All school district activities take precedence over outside groups and are scheduled through Athletic Office and the Athletic Director. The District reserves the right to contract for the operation of all concession stands. 29

30 PINE TREE HIGH SCHOOL THEATER 1005 W. Fairmont Seating capacity of 400 Stage Dimensions: 42 (w) x 31 (d) = 1302 sq. ft. Scene Shop: All items in the scene shop belong solely to the Theatre Department. Step units, doors, flats, furnishings, etc., are not available without approval. Tools in the shop should not be used without permission. NO FOOD or DRINK in the shop area. Shop should be left clean. Curtains: The curtains are not to be pinned, tied or taped to hold them in place. The curtains are not to be removed from their tracks in any way. The curtain tracks should not be used to support heavy items other than the curtains. Only PTISD designated personnel will be allowed to bring in curtains, battens, electrics, or cyclorama. It is permissible to hang lightweight paper and foam board items tied with fishing line or string from empty battens but this must be done by PTISD designated personnel and must be requested in advance. All materials must be removed by the user prior to departure. Painting: The only painting allowed is by Theater or Maintenance personnel. If any painting is to be done, you must take every precaution necessary to prevent paint from getting on the floor (tarp, newspaper, etc). The only type of paint permitted on the stage is water based paint. In the event paint does get on the floor, it must be removed immediately. No painting including spray painting will be allowed in the theatre. Nothing belonging to the theatre department will be painted or otherwise altered. This includes but is not limited to the UIL unit set, platforms, furniture, and props. In all matters, the theatre director will be the final authority. Lighting: No lighting instruments should be taken down, refocused, or rearranged. If gels or special lighting are required, they must be requested in advance and installed by PTISD designated personnel. There will also be an extra charge for this service (to cover cost of equipment.) Only PTISD designated technical equipment will be allowed. Any special lighting should be requested at least seven days in advance. Only PTISD designated personnel may operate the lights. There will be an additional fee for this service. Technical Booth at back of House and upstairs: NO FOOD or DRINK should be allowed in the booth area, especially around the light and sound boards. Only PTISD designated personnel may operate the lights and sound. There will be an additional fee for this service. Only PTISD designated personnel will be allowed to be in or on the tech booth, sound booth, catwalk, operating rail, loading rail, A- frame ladder, prop storage, or grid. Microphones: Microphones are not provided unless prior arrangements have been made. Dressing Rooms: Available only with prior approval. The dressing room is one of the most used areas in the theatre and requires extra efforts to be kept clean. All counter space, restroom sinks, and floors, shelves, dressing room floors and clothes racks, etc. must be cleared of any trash, make-up, personal items, props, etc., so that the custodians can clean. Extra precautions need to be taken to 30

31 prevent stage makeup from getting on the floors, walls, etc. Chairs or other furniture brought into the dressing room must be returned to their proper location. The House: The house contains the seating area of the theatre. NO FOOD OR DRINKS ARE TO BE IN THE HOUSE OR BACKSTAGE AT ANYTIME! Water for performers can be kept in the classroom just outside the backstage areas. If special circumstances require a performer to keep water backstage for personal use, the theatre sponsor on site should be notified and consulted. Do not stand in the seats or on the arms of the seats in order to quickly get from one row to the next. Also, do not use the back of the seat in front as a foot rest. These acts will damage the seating, therefore, rendering the seating unusable for the next group. Audiences should be kept under control at all times. Children should be supervised at all times in all parts of the theatre, halls, and dressing rooms. Refreshments may be sold in the lobby, but need to stay in the lobby. PINE TREE ROAD AUDITORIUM 1701 Pine Tree Road Seating capacity of 1004 Stage Dimensions: 28 (d) x 42 (w) = 1176 sq. ft. Storage Closets: The storage closets on either side of the stage are used for the District storage purposes and are unavailable for public use. Lights and Sound: District personnel must be present at all functions. Lighting instruments should not be taken down or rearranged without prior approval from the Supervisor of the Auditorium. Any alterations, installations etc. requires prior approval. No food or drink should be allowed in the auditorium, especially around the light and sound boards. The house contains the seating area of the theatre. Do not stand in the seats or on the arms of the seats in order to quickly get from one row to the next. Also, do not use the back of the seat in front as a foot rest. These acts will damage the seating, therefore, rendering the seating unusable for the next group. NO FOOD OR DRINKS ARE TO BE IN THE HOUSE AT ANY TIME! In setting up scenery, risers, etc., do not block any of the exits. These are fire exits and are very important to the safety of patrons. All trash should be picked up and placed in the appropriate container. The dressing room is one of the most used areas in the theatre and requires extra efforts to be kept clean. All counter space, restroom sinks, and floors, shelves, dressing room floors and clothes racks, etc. must be cleared of any trash, make-up, personal items, props, etc., so that the custodians can clean. Extra precautions need to be taken to prevent stage makeup from getting on the floors, walls, etc. Chairs or other furniture brought into the dressing room must be returned to their proper location. LONG WEEKEND SCHEDULING: If employees are scheduled to have a holiday on a Monday or Friday that would generate a 3 day weekend, the District facilities will be CLOSED for use on that weekend. 31

32 LONG TERM USE: This facility is not available for long term continuous use. Long term continuous use would be in excess of four weeks. 32

33 CAMPUS AUDITORIUMS & CAFETERIAS For all the campus auditorium/cafeterias, the auditorium rules on pages apply. Those using the facility might need to supply the sound system and stage lighting. Primary School Cafeteria/Auditorium Elementary School Cafeteria/Auditorium Intermediate Cafeteria/Auditorium Middle School Cafeteria/Auditorium Junior High Cafeteria/Auditorium High School Cafeteria Cafeterias may be rented after school hours with prior approval from the Food Department. Please note no extra chairs are available. However, if chairs are rented, from a separate vendor, our staff will help with set up. ***A school custodian must provide the set up for the rooms for any event. *** Equipment Use The district may impose an additional charge for moving equipment or setting up tables or platforms. The District does not allow the movement of pianos. If a piano shall be tuned for a specific community function concert, the lessee shall contact, schedule and pay for this service to be rendered. The District does not provide this service. If special equipment is needed by an organization, the equipment must be requested on the Application for Use of School Facilities and approved for use. The District shall not purchase special equipment for community use. Special equipment is defined as audio/visual equipment, podiums, flags, ice, etc. Kitchen Use The rental of a kitchen will require a food service employee to be present at all times. Employees will be paid through PTISD payroll. Employee fees will be billed along with the rental fees (see fee charts starting on page 16). Additional food service employees may be required by the District depending on the size of the group, amount of preparation to be completed and the length of time for the facilities to be used. The manager and/or food service employees are only to supervise and make sure all equipment is being used properly. The food service employee will be responsible to open and close the kitchen facility. Food is to be prepared by the organization using the facility. The facility should be left in a clean, orderly manner; charges may be incurred for the clean-up expense. The use of pots, pans, or cooking utensils should be requested in advance. If ice is required, then a fee will be charged depending on the amount needed. Compliance with federal, state, county and city health laws is mandatory. Supplies, food, or equipment cannot be moved into the kitchen facility until after normal school hours on the date of the rental. If catering service is desired, Pine Tree ISD Food Service Department is available for these functions. In the event that catering services are needed, only the kitchen costs (food and labor) will be absorbed with the catering fee. 33

34 Schedule of Rental Charges for Cafeteria Charges made for the use of school facilities are not rentals as that term is generally used, but are based on cost of operating expenses such as utilities, supplies, maintenance of facilities, custodian and cafeteria services, as well as clerical services to process each application, process overtime payrolls and collect usage charges. The charges shown are minimal and designed not to provide income for the school district, but to avoid having the excess costs included in the costs of the regular school program. Please note that this will not cover other rental fees that may be applied. Please contact Pine Tree ISD Food Service Department for additional information and pricing at Library and Classroom Use Each campus library and classrooms are primarily used is for PTISD students but may be rented after normal school hours with prior approval. Elementary School Play Grounds and Parking Lots Playgrounds and parking lots are not reserved, but may be used after hours by outside groups with permission of the principal. The outdoor facilities at each campus are available during non-school hours to all groups, free of charge, on a first come first serve basis. Therefore, no organization may claim exclusive use of school grounds. Regular school hours are 7:30 a.m. to 4:00 p.m. No vehicular traffic on the grounds will be allowed. [The Elementary and Primary playground gates are locked at night and on weekends.] Procedures and Guidelines for School use 1. Send in request form (one per date/event) available on the PTISD website. 2. Schools are asked to combine activities when possible. (I.e. 6 p.m., 7:30 p.m.) 3. At the conclusion of your scheduled event, all items brought in must be removed because the site may be needed the next day. 4. During high use times of the year, dress rehearsals may need to be on the same day or at the home campus. 34

35 PINE TREE ISD REQUEST FOR NON SCHOOL USE OF DISTRICT FACILITIES 35

36 Facility Services Department P.O. Box 5878 Longview, TX Web Address: (903) FACILITY USE REQUEST FORM FOR USE OF SCHOOL FACILITIES NON-SCHOOL USE Group or Organization Date of Request School Facility Requested Name of Individual Requester Requested Date(s) Activity Start Time Activity End Time Telephone Number Address Please list any additional needs (e.g., podium, microphone, overhead projector, etc) **Refer to fee schedule for Equipment Available for Rental** Entered into FSDirect Approvals Received Approval of Athletic Director (if applicable) For School Use Non-approval Received (Name & Reason) Customer Notification Complete HVAC/Electrical Notification 36

37 PINE TREE ISD LEASE AGREEMENT NON-SCHOOL USE OF DISTRICT FACILITIES 37

38 PINE TREE INDEPENDENT SCHOOL DISTRICT FACILITY LEASE AGREEMENT (Facilities other than Athletic Complex) PO Box 5878 Longview, TX Web Address: (903) This Lease is made between the PINE TREE INDEPENDENT SCHOOL DISTRICT (''Lessor") and ( Lessee ) effective as or the day of Premises. Lessor agrees to lease to the Lessee the Facility[the "Facility"] pursuant to the terms, conditions and covenants set forth herein and solely for the purposes set forth in paragraph 2 hereof. 2. Purpose. Lessee represents that the Facility is being rented for the purpose of and for no other purpose without prior written consent by lessor. 3. Term. The term of this lease shall commence at o'clock on (date) and end at o clock on (date). Unless otherwise provided herein, the Lessee shall have the right of access to the Facility for a period of hour(s) before and hour(s) after the termination of the Lease for the purpose of set up and removal of any of Lessee's equipment and property. 4. Rent. Lessee agrees to pay Lessor the sum of $ for rent of the Facility pursuant to the terms of this Lease. Lessee shall pay the rent to Lessor in advance not less than five (5) business days before the event by cashier s check or certified check plus the estimated cost of staff; personnel and equipment. 5. Access, Staff and Personnel, Equipment. Lessee shall require the following access, staff and personnel and equipment: A. Facility Access. Lessor shall open the Facility at o clock on (date). Lessor shall close the Facility at o clock on (date). 38

39 6. Security Deposit. Upon approval of this Lease by Lessor, Lessee shall deposit with Lessor the sum of $ by cashiers or certified check as a security deposit and/or performance guaranty. The security deposit shall be applied towards the rent or for the cost of repairing any damage to the Facility or the equipment or to paying replacement cost for lost or damaged equipment. The security deposit shall not relieve Lessee of liability for damages to the Facility or to equipment or for loss of equipment in excess of the amount of the security deposit. Lessee shall remain fully liable for all such damage. 7. Copyright. Lessee shall be solely responsible for obtaining necessary permission to use and incorporate any material covered by a copyright in any performance or use of the Facility, if applicable. Lessee shall indemnify, defend or hold Lessor harmless from any claim or cause of action which may arise from the use of materials subject to a copyright. 8. Concessions Sales. Alcoholic beverages shall not be sold at the Facility. Only non-alcoholic products can be sold at the Facility. If selling food during the event, a City of Longview Public Food Establishment Permit must be provided to the assistant superintendent s office five (5) business days prior to the event, if such a permit is required. This facility is a gun free, drug and alcohol free, and tobacco free and all are prohibited. 9. Insurance. A. Comprehensive General Liability Insurance. Lessee, shall, at its sole cost and expense, obtain and maintain in force for the benefit of Lessor and Lessee comprehensive general liability insurance in an amount of not less than $1,000,000 for bodily injury or death arising out of any one occurrence or property damage arising out of any one occurrence. Such policy shall be written by an insurance company authorized to do business in the State of Texas and approved by Lessor. A certificate of insurance shall be delivered to Lessor on or before the commencement date of this Lease. A certificate shall contain (i) a statement of coverage provided by the policy, (ii) the listing showing Lessor as an additional insured, (iii) and a statement that the premium on the policy has been paid in advance. B. Insurance Coverage on Lessee s Equipment and Property. Lessee shall also obtain and maintain insurance covering any of Lessee s equipment or property brought onto the Facility pursuant to the terms of this Lease. Lessee shall be solely liable and responsible for any loss or damage to its own equipment. The Lessor shall not have any liability or responsibility for such loss or damage and Lessee shall look solely to its own insurance coverage for any equipment damaged or lost. 10. Indemnification. If indemnification is applicable (entities that are not Texas independent school districts); Lessee hereby indemnifies and agrees to hold Lessor harmless from any and all claims, actions, demands, liability or expense in connection with any loss of life, personal injury or damage to property, and from any penalty, damage or occupancy in, upon or at the Facility, or from or out of the 39

40 use or occupancy by Lessee and any agent or concessionaire of Lessee or from or out of any breach of this Lease by, or any act or omission of Lessee, its agents, employees, contractor and concessionaires. In the event Lessor shall, without fault on its part, be made a party to any litigation commenced by or against Lessee arising from Lessee s use of the Facility, Lessee shall protect and hold Lessor harmless and pay all costs and expenses incurred or paid by Lessor in connection with such litigation. Lessee shall also pay all costs and expenses that may be incurred or paid by Lessor in enforcing the terms and covenants set forth in this Lease. Costs and expenses which Lessee shall be responsible to Lessor for shall include the Lessor s reasonable attorney s fees and other reasonable expenses incurred by Lessor in enforcing any provisions of this Lease or defending itself against any claim arising hereunder. 11. Damages to Facility and Equipment. Lessee shall be liable and shall reimburse Lessor for the reasonable cost of repair, replacement or reconstruction for any damage to the Facility or any equipment of Lessor used by or located at the Stadium during the term of this Lease whether caused by Lessee, its agents, employees, concessionaries and representatives or whether caused by any guest or invitees of Lessee at the Facility. Lessee shall be solely responsible for all such loss or damage to the Facility and the equipment located thereon during the term of this Lease. 12. Risk of Loss or Injury. Lessee shall bear all risk of loss or injury to persons who may attend any event, performance or activity at the Facility during the term of this Lease. Lessee agrees that Lessor shall have no liability or responsibility therefore. Lessee acknowledges that Lessor has governmental immunity from such claims under the laws of the State of Texas and, by entering into this Lease; Lessor does not waive or relinquish its right to governmental Immunity or other immunity granted or arising under the law of the State of Texas. 13. Compliance with Law, Regulations and Ordinances. Lessee shall, at all times during the term of this Lease comply with all laws, regulations and ordinances pertaining to the operation and conduct of activities at the Facility, or the performance and activities engaged in by lessee at the Facility pursuant to the terms of this Lease. Lessee shall be solely responsible for ascertaining and determining which laws, regulations and ordinances are applicable in complying with all such laws, regulations and ordinances. Lessor shall have no liability or responsibility to advise or instruct Lessee on applicable law, regulations and ordinances. This facility is a gun free, drug and alcohol free, and tobacco free and all are prohibited. 40

41 14. Miscellaneous Operational Requirements. A. Advertisements. All posted advertisements on or at the Facility regarding the activity or performance subject to this Lease must be submitted to Lessor for prior approval before posting. B. Taxes; Licenses. Lessee shall be solely responsible for all applicable taxes on tickets sold for admission and items or refreshments sold, and any required license fees. C. Vehicles and Heavy Equipment Prohibited. Vehicles and heavy equipment such as forklifts are not allowed to cross the field if leasing the stadium. D. Contact Person. The contact persons for the Lessor and Lessee shall be as follows: Lessor: Lessee: Pine Tree ISD P. O. Box 5878 Longview, TX Phone: (903) Phone: Attn: Director of Facility Services Attn: 15. Default by Lessee. In the event Lessee shall default or fair to perform or comply with any term or condition or covenant of this Lease, Lessor shall have the right to immediately exercise any and all remedies allowed by law, including, without limitation, the right to terminate this Lease and recover from Lessee all costs and expense to which Lessor may be entitled including the rent due under this Lease. In the event the default occurs prior to commencement of the lease, Lessor shall give Lessee written notice thereof and a reasonable opportunity to cure the default. If the default occurs during the term of the lease or while an activity or performance is being conducted by the Lessee at the Facility, the Lessor shall have the right to enforce the terms of this Lease either during or after completion of the performance or activity. 16. Termination Without Cause by Lessor. In the event Lessor shall determine that the performance or activity proposed by Lessee shall not be in conformance or compliance with the terms of this Lease or with activities authorized at the Facility, or in the event the Lessor shall require the use of the Facility for any school related activity due to a scheduling issue or conflict, Lessor shall have the right to terminate this lease without liability so long as such termination is more than 30 days prior to the date of the activity or performance. In the event that the Lease is terminated without cause by Lessor, Lessor shall refund to Lessee all amounts constituting the Security Deposit. 41

42 17. Miscellaneous. A. Entire Agreement. This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings whether written or oral. B. Governing Law. This Lease shall be governed by and construed under the laws of the State of Texas and shall be performable in Gregg County, Texas. C. Notices. All notices authorized or required to be given pursuant to the terms of this Lease shall be given by certified or registered mail, addressed to the proper party, postage prepaid, by hand delivery, or by facsimile to the parties at the following addresses: Lessor: Pine Tree ISD P.O. Box 5878 Longview, TX Phone: (903) Attn: Director of Facility Services Lessee: Phone: Attn: D. Waiver. One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed as a waiver of any subsequent breach or enforceability of the same covenant, term or condition. E. Force Majeure. Neither Lessor nor Lessee shall be required to perform any term, condition or covenant of this Lease so long as such performance is delayed or permitted by force majeure, which means acts of God, strike, lockout, labor restrictions by any government authority, civil riot, flood or other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. F. Amendment. This Lease may not be amended except in writing, dated subsequent to the date hereof and executed by the parties hereto. G. Assignment and Subletting Prohibited. Lessee may not assign or sublet all or any interest in this Lease without prior written consent of Lessor. Any attempted or purported subletting or assignment shall constitute a default of this Lease and shall render this Lease void. 42

43 H. Counterparts. This Lease is being executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. SIGNED on this date LESSOR: PINE TREE INDEPENDENT SCHOOL DISTRICT BY: SUPERINTENDENT LESSEE: 43

44 PINE TREE ISD Athletic Complex Rental Agreement