E COMMUNITY USE OF SCHOOL FACILITIES FORM

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Giles Ray
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Sioux City Community School District 627 4 th Street Sioux City, IA 51101 1004.

1 Sioux City Community School District th Street Sioux City, IA E COMMUNITY USE OF SCHOOL FACILITIES FORM Scheduled created on: Event Title: Event Begin Date: Begin Time: Location: End date: End time: Room(s): Organization: Organization category (see attached) Contact name: Day-Time Phone: Evening Phone: Cellular Phone: Street Address: City: State/Zip: Address: Sioux City Community Schools Facilities Use Agreement This Use Agreement is made and entered into this day, (date), by and between the Sioux City Community Schools District ( DISTRICT ) and ( USER ), whose principal place of business is located at:. Whereas DISTRICT owns and operates, or lawfully controls the use of, the FACILITY ( FACILITY ) described below, and USER desires to use said FACILITY, DISTRICT agrees to make said FACILITY and no other available to USER at the date(s) and time(s) and for the purposes referenced below and no other, and in consideration for being permitted to use FACILITY for the stated purposes, USER agrees to pay the fees and abide by the terms and conditions set out in this agreement.

2 Series 1000 Policy Title: Community Use of School Facilities: Fees Code Number: AR Fees/Exemption from Fees Category A: School Activities Exempt from use fees, provided that the scope of the activity is within the normal duties or extracurricular duties of the staff member assigned to the activity, or as may otherwise be determined by the Coordinator. Category B: Programs or Events Directly Serving Youth of the District With No Expectation of Profit or Personal Benefit Exempt from use fees, but may be charged the prevailing rate for Coordinator-approved custodial or supervisory time and/or labor costs as appropriate. [The group shall be required to provide financials upon request of the Finance Department in order to prove no expectation of profit.] Category C: Programs or Events Serving Adults, or a Combination of Youth and Adults, Through a 28E or Other Formal Agreement or Events With Expectation of Profit Will not be exempt from use fees, but the use fees will be negotiated as a part of the formalized agreement (28E or otherwise). In addition to use fees, programs or events in this category will be charged the prevailing rate for custodial or supervisory time and/or labor costs that are required above and beyond normal duties, if applicable, and this stipulation shall be made part of any formalized agreement. Category D: Events Not Referenced Above Will not be exempt from use fees, nor from being charged the prevailing rates for necessary custodial support or supervisory services and/or labor costs that are specified with a Use Permit applied for and approved.

3 RENTAL FEES, TERMS AND CONDITIONS 1. USER agrees to pay the sum of $ as a fee for the use of FACILITY. 1. Said payment includes use of lights, heat, air conditioning, and water, as may be needed for the purposes set out above and to the extent such exist at the FACILITY. 2. In addition to the fee described above, USER will be responsible for paying any and all expenses incurred by USER and/or DISTRICT in support of or as a result of the use. Such expenses may include, but are not limited to, cleaning costs, security costs, parking fees, and setup and takedown costs. 3. Expenses will be charged as soon as possible after the conclusion of the use and payment will be due under the terms of the contract. 4. SALES AND SOLICITATION: the USER will not engage in sales or solicitation of sales of goods or services except as described in Purposes of use, above. All sales and solicitation will be conducted in accordance with the DISTRICT S policy. 5. INGRESS/EGRESS: All portions of the sidewalks, entries, doors, passages, vestibules, halls, corridors, stairways, passageways, and all ways of access to public utilities of the premises must be kept unobstructed by USER and must not be used by USER for any purpose other than ingress to or egress from the premises. 6. DAMAGES AND REPAIRS: the USER agrees to be responsible for all damages to buildings, grounds, fields and equipment incident to the use of the FACILITY. USER shall make no temporary or permanent modifications to the FACILITY without the prior written consent of the DISTRICT. 7. COMPLIANCE: the USER agrees to use and occupy the FACILITY in accordance with all DISTRICT policies, regulations, rules, and practices and with all applicable municipal, state and federal laws, including but not limited to fire codes. If municipal, state and/or federal laws require portable restrooms for the event then those charges will be the USER s responsibility. 8. PARTICIPANTS AND ATTENDEES: the USER is responsible for providing all necessary and appropriate safety instruction to all participants and attendees at USER S activity. The USER is responsible for any and all damages to buildings, grounds, fields and equipment caused by participants and attendees. Disclaimer: The District assumes no obligation or responsibility for the activities of the person or group using District facilities pursuant to this policy unless otherwise specified by written Agreement. The District does not endorse or sponsor any particular message or group by enacting or implementing this policy. 9. ABANDONED BELONGINGS: any belongings left on the PROPERTY shall, after a period of ten days from the last day of the scheduled use, be deemed abandoned and shall become property of the DISTRICT to be disposed of or utilized at DISTRICT S sole discretion. 10. This agreement is between the DISTRICT and the USER and the USER will not assign this agreement nor allow any other person, group or entity to use the FACILITY during the scheduled time(s) without the prior written consent of DISTRICT. 11. FORCE MAJEURE: If the FACILITY is rendered unsuitable for the conduct of the USER S activity by reason of force majeure, the DISTRICT and the USER are released from their obligations under this contract. Force majeure shall mean fire, earthquake, hurricane, flood, act of God, strikes, work stoppages or other labor disturbances, riots or civil commotions, war or other act of any foreign nation, power of government, governmental agency or authority, or any other cause like or unlike any cause mentioned which is beyond the control of the DISTRICT. 12. TERMINATION: the DISTRICT may terminate this agreement at any time in its discretion. If the DISTRICT terminates because USER has violated the terms of this agreement, or because participants or attendees have violated laws or DISTRICT policies, the USER is obligated to make full payment of all fees under this agreement. Otherwise, termination by the DISTRICT

4 shall result in a pro rata refund of the applicable fee, based on the portion of the use period that was actually used but less any expenses incurred by the DISTRICT. COMMUNITY USE OF SCHOOL FACILITIES AND EQUIPMENT INDEMNITY AND LIABILIITY INSURANCE AGREEMENT The undersigned, hereafter referred to as USER agrees to furnish and maintain during the usage of the facilities owned by the DISTRICT such liability insurance in an amount of $1,000,000 per occurrence and $2,000,000 aggregate and shall protect the USER and the DISTRICT from claims for damages for personal and bodily injury, including accidental death, and from claims for FACILITY damages, which may arise from the USER S use of the DISTRICT S facilities, whether such operations be by the USER or by anyone directly or indirectly employed by, or representing the USER. Such insurance shall include the DISTRICT as an additional insured in the policy carried by the USER and described above. The insurance policy should be endorsed as follows: The insurance company and the insured expressly agree and state that the purchase of this policy of insurance by the insured does not waive any of the defense of governmental immunity available to the Insured under Iowa Code Section 670 as it now exists or may be amended from time to time. The company and the insured further agree that this policy of insurance shall cover only its claims not subject to the defense of governmental immunity under Iowa Code Section 670. The USER agrees and states that it shall to the fullest extent permitted by law, indemnify, defend and hold harmless, the Sioux City Community School District, its officers, employees, representatives, or agents, hereafter referred to collectively as DISTRICT, from any and all demands, actions, suits or proceedings of any nature (civil, criminal, administrative, or investigative), and from any damages, judgments, losses, debts, liabilities, penalties, fines, costs and expenses related to the USER S use of any DISTRICT facilities. In case any action is brought therefore against the DISTRICT or any of its officers, employees, representatives or agents, the USER shall assume full responsibility for the legal defense thereof, using legal counsel acceptable to the DISTRICT, and upon its failure to do so on proper notice, the DISTRICT reserves the right to defend such action and to charge all costs, including attorneys fees, to the USER. The USER shall furnish the DISTRICT with a certificate of insurance acceptable to the DISTRICT S insurance carrier before the contract is issued. This certificate of insurance must include the following in print: The insurance company and the insured expressly agree and state that granting additional insured status on this policy of insurance does not waive any of the defense of governmental immunity available to the Insured under Iowa Code Section 670 as if now exits or may be amended from time to time. Dated at Sioux City, Iowa, on:

5 User: By: Street Address: City: State/Zip: SIOUX CITY COMMUNITY SCHOOL DISTRICT Principal or Designee WHOLE AGREEMENT: THIS WRITING CONTAINS THE WHOLE AND COMPLETE AGREEMENT BETWEEN THE DISTRICT AND USER. SEVERABILITY: THE TERMS OF THIS AGREEMENT ARE SEVERABLE SUCH THAT IF ONE OR MORE PROVISIONS ARE DECLARED ILLEGAL, VOID, OR UNENFORCEABLE, THE REMAINDER OF THE PROVISIONS SHALL CONTINUE TO BE VALID AND ENFORCEABLE. THIS AGREEMENT IS EXECUTED BY THE PARTIES ON THE FIRST DATE APPEARING ABOVE. USER (Signature) Print Name: Position: NON-DISCRIMINATION STATEMENT The Sioux City Community School District offers career and technical programs in the following areas: Business & Marketing, Family & Consumer Science, Health Science, and Industrial Arts, Technology, & PLTW. The Sioux City Community School District is an equal opportunity/affirmative action employer. It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, genetic information (for employment), national origin, religion, age (for employment), disability, socioeconomic status (for programs), marital status (for programs), or veteran status (for employment) in its educational programs and its employment practices. Inquiries or grievances, including Section 504 grievances and grievances under Title II of the Americans with Disabilities Act, may be directed to Jen Gomez, Director of Student Services & Equity Education at 627 4th Street, Sioux City, IA 51101, (712) , Please see District Board policies 103 and for additional information on available grievance procedures.

ISABELLA COUNTY PARKS STANDARD FACILITIES USE AGREEMENT

ISABELLA COUNTY PARKS STANDARD FACILITIES USE AGREEMENT This Agreement describes the terms and conditions under which the undersigned outside party (the USER ) may use facilities owned by the Isabella