Use of District Property

The use or lease of District property requires the approval of the Superintendent or designee and shall:

·   be in the best interest of the District;

·     not interfere with the conduct of the District's educational program and related activities;

·      require the users to abide by District policies and procedures; and

·      be denied if the function's intent is to advance any doctrine subversive to state or federal laws or to advocate social or political change by violent means.

 

The District reserves the right to deny or cancel leases with an individual or organization if any of the above requirements are not met.

The Board shall make District property available for use by individuals or organizations that meet the requirements of this policy and administrative guidelines. The administrative guidelines will be in writing and available to all individuals or organizations requesting use of District property.

The Superintendent or designee has the authority to charge rates where applicable, establish priorities, determine frequency of use, and grant or deny requests.

The Board allows individuals or organizations who wish to lease District facilities on a weekly basis to do so for a period of three months at a time. The leasee must resolve any problems identified in each leasing period to the satisfaction of the Superintendent or designee prior to an extension of the lease.

The Superintendent or designee will annually review the lease rates to determine if a change is deemed necessary. Fees are set by administrative procedure subject to Board approval. An increase of 5% or greater must meet the requirements of state law for public announcement and input.

Individuals or organizations who are dissatisfied with the Board policy or administrative guidelines shall have the right to request a review by the Board.

 

Religious Organization Use of Facilities

Religious organizations may rent District facilities on a weekly basis:

·         during emergency periods, such as for repair of damage to the organization's building; or

·         for the purpose of organizing a new church.

Because a long term use of District facilities may result in violation of the Establishment Clause of the United States Constitution, the District requires a religious organization to provide evidence of intention to relocate as a precondition of the lease. Such evidence might include, but not be limited to:

·         architectural plans for facility construction or renovation;

·         possession of a building site; or

·         construction of a facility in progress.

The Board allows a religious organization to rent a District facility for a period of twelve (12) months. Except in extraordinary circumstances, the Board may extend the lease beyond twelve (12) months only under the following conditions:

·         the organization has commenced construction of its building; and

·         a date is set for the termination of use of the District facility.

For religious organizations who wish to lease District facilities occasionally (i.e. five (5) times or less during the year) the above requirements do not apply.

Religious organizations must agree to abide by the Use of District Property policy #4320/ 9400.

 

1.                                                          GENERAL GUIDELINES

The Independent School District of Boise City shall be referred to as the "District."

1. All requests for building use shall be approved by the respective school principal.

2. All requests for leasing of school facilities shall be addressed to either the respective school principal or the Leasing Coordinator at the Facilities & Operations Department.

3. The Superintendent or designee, acting in compliance with Board Policy, has the authority to reject any or all applications for building use.

4. No facilities will be leased during regular school hours or while that school is in session.

5. Use of school buildings by non-district related groups requires a signed "Lease Agreement."

6. A representative designated by the school principal, not including kitchen staff, must be on the school property during the time of an approved term of use.

7. Approved individuals or organizations that lease school facilities shall hold the District harmless and defend against any and all claims, liabilities, losses, actions, or causes of action that may be sustained to persons or property resulting from the occupancy and leasing of school buildings.

8. Users of District property shall abide by District policies and procedures. In the event the building, or any portion thereof, or any fixtures or equipment located on the premises are damaged, sold, taken or destroyed as a result of the use of the building, the approved individual or organization will at his/her cost and expense repair and/or replace all such damaged or destroyed property. The amount of damages and acceptable method of restoration shall be determined by the school principal in consultation with the Facilities & Operations Department. (Abuse of Property #4417, #3238, #9321, #5235)

9. Approved individuals or organizations may not assign, transfer, or sublet school facilities.

10. Approved individuals or organizations shall be responsible for the orderly and lawful conduct of all attendees. (Disruptive Employee or Public Conduct #4413. Safe and Secure Learning Environment #4410, #3310, #5311)

11. Approved individuals or organizations shall not permit anything to occur in said facilities, or bring or keep anything therein which shall in any way be in conflict with state and local fire, health, safety, and police regulations and ordinances. (Security #9320)

12. No District equipment shall be leased or loaned for use off District property.

13. The approved individual or organization shall be responsible for obtaining licensed, bonded, and uniformed security guards for events exceeding two hundred fifty (250) attendees. The guard's primary duty shall be to protect the attendees and facilities. (See section VII.C.1-4)

14. An individual or organization shall not lease a building in excess of five (5) days annually, unless approved by the Superintendent or designee.

15. Building use for non-school activities creates special problems related to custodial services.  Because custodians are District employees with full-time responsibilities, their services for leases must be charged at a predetermined rate which includes overtime wages and benefits. All custodial charges must be paid to the District with the lease fee. Custodians will  be paid by the District.

16. Only Certified District Technicians will operate auditorium sound and lighting equipment.

17. Leasing rates, technical services and custodial services will be charged at a two hour minimum.

18. If the building is left in a condition requiring additional custodial services, cost for these services will be charged.

19. Leasing rates for building space only by non-profit or tax exempt organizations will be reduced by 40%. Proof of status is required. All other charges will be at full rates.

 

2. LIMITATIONS OF USE

   1. Teaching or promoting any theory or doctrine which espouses the use of violence or illegal activities is not permitted.

   2. Moneymaking activities of an unlawful or doubtful nature are not permitted.

   3. Student groups directly associated with the school to be used shall have priority for concession sales when buildings are leased.

   4. Food and drink is permitted in the cafeteria and kitchen areas only.

   5. Games of chance, or the use of any scheme or device, which encourages or suggests gambling are not permitted.

   6. No animals, with the exception of guide dogs, are permitted in buildings or on grounds.

   7. Tobacco, alcohol, and/or illegal substances or any person under the influence of such are not permitted on District property.

   8. School facilities are available for use in an "as-is" condition. (Exception: Orchestra pit covers at Capital, Timberline and Borah High Schools will be moved by District personnel only. A cost for disassembling and reassembling will be charged.)

   9. Use of any materials on floors or any other parts of District facilities without specific, written approval of the Administrator of Facilities and Operations is strictly prohibited. In no event shall nails or other fastening devices be placed into walls or floors.

   10. Gymnasiums used for other than athletic events must have the floor covered for protection by District personnel only. A cost for covering and uncovering the floor will be charged. Participants must wear gym shoes whenever the floor is not covered.

   11. Hallways are not available for use for any reason other than as passageways.

   12. A newly constructed school building will not be available for lease until one full school year of use has passed unless approved by the Superintendent or designee.

   13. Kitchens cannot be used without a school food service employee being on duty for the entire time the kitchen is open. The following guidelines must be adhered to:

       1. All food and food service employee charges will be billed separately by the Food Service Department. Food service employees will be paid by the District.

       2. The primary responsibility of the food service employee is to see that equipment is properly used for safety and sanitation. The food service employee may assist as needed, but the primary responsibility for preparation, service, and clean-up remains with the leasing organization. The food service employee will check to see that storage areas, refrigeration, and freezers are locked and that the kitchen is left in an orderly manner.

       3. Any damage to the kitchen equipment, facilities, or supplies and the repair and/or replacement will be charged to the Lessee.

3. TYPES OF GROUPS OR ACTIVITIES AUTHORIZED TO LEASE SCHOOL FACILITIES

   1. Political Party Meetings

      1. The District considers it reasonable that school facilities should be made available for meetings of political parties at which there may be free expression of points of view on local, state, national, and international problems, and is open to all political parties. The District assumes no responsibility for opinions expressed or views presented at such meetings.

      2. A Lease Agreement is required. Building use rates and custodial services will be charged.

   2. Church Organizations

      1. Churches, who have purchased land and have begun construction of a church building, may obtain a church lease. The church must supply a letter of exemption from the I.R.S. The church lease is not to exceed a period of one calendar year, unless extended by Board action. (Church Rental #9420, #4321)

      2. Auditoriums, libraries, and high school gymnasiums are not available for use.

      3. A Lease Agreement is required. Building use rates and custodial services will be charged.

   3. Public Meeting Groups

      1. No admission can be charged or donations accepted.

      2. A Lease Agreement is required. Building use rates and custodial services will be charged.

   4. Recreational Programs

      1. Sponsoring group must be an officially recognized local organization.

      2. The arrangements for building use are made with and coordinated by the District Coordinator of Athletics who in turn makes the necessary arrangements with the school principal(s) involved.

      3. Adult supervision, approved by the principal, is required when the building is used.

      4. Facilities must be left in a clean and neat condition ready for regular school use.

      5. A Lease Agreement is required. Building use rates may be reduced or waived by the Superintendent or designee. Custodial service charges may be waived by the Superintendent or designee.

   5. Summer Athletic Camps

      1. Approval for summer athletic camps is granted by the school principal.

      2. A Lease Agreement is required. Summer camp use rates will be charged and custodial service charges may be waived at the discretion of the principal.

   6. Other Uses

      1. Approval for other uses may be granted by the principal.

      2. A Lease Agreement is required. Building use rates and custodial services will be charged.

4. LEASE AGREEMENT REQUIREMENTS

   1. Requests for building use shall be made no less than thirty (30) calendar days prior to the event.

   2. The Lessee shall provide a proof of insurance certificate to the Leasing Coordinator showing proof of liability insurance in amounts no less than the current existing Idaho tort minimum in effect at the time of the Lease. If the proof of insurance is not received by the Leasing Coordinator ten (10) working days prior to the term of the Lease, the Lease will be canceled and all monies paid as deposit may be retained by the District.

   3. The Lessee shall be responsible for obtaining licensed, bonded, and uniformed security guards for events exceeding two hundred fifty (250) attendees. The primary duty of the guards is to protect the people and the facilities during the term of the Lease. The following requirements must be met:

      1. A copy of the agreement between the Lessee and security service must be received by the Leasing Coordinator prior to the event.

      2. The guards must appear no less than thirty (30) minutes prior to the event and must remain until the last member of the audience has left the building.

      3. The guards must report to and sign in with the principal or designee.

      4. The District will in no event retain liability for any loss of revenue to Lessee for closure of the building by the Fire Marshal, and Lessee will be liable for any fines imposed upon the District.

   4. Permission for the use of the Lessee's special or extra equipment must be approved by the District Auditorium Technician and identified in the Lease Agreement.

   5. The amount of prepayment or deposit will be 50% of the total approximate amount of the Lease.

   6. The financial obligation of the Lease will be with the person named on the Lease Agreement.

   7. The Lease deposit and all signed documents must be received in the District Accounting Department no less than fourteen (14) calendar days prior to the expected date of use.

   8. Each Lease Agreement is a unique document and no part will rest upon or be referred to any previous Lease. "Each Lease stands alone." No Lease shall be considered "locked-in" except from encroachment from other Lessees.

   9. Leases expire on the date and time as indicated on the Lease Agreement. After that time, the Lessee will be charged the hourly rental rate for each hour or part of an hour in which the building is used and will be charged 20% of the base Lease price. NO GRACE PERIODS WILL BE CONSIDERED.

   10. An invoice will be prepared from the Lease Time Sheet, immediately after the date of the Lease, which will include facilities used, any equipment requested and used but not included on the original Lease. The invoice is due and payable in full upon receipt.

   11. If the Lessee has not paid the full amount of the invoice ten (10) days after the event, the Lessee will be required to pay the full estimated amount thirty days prior to the next event lease request.

5. CANCELLATIONS

   1. A "Lease Agreement" may be canceled by the Lessor or Lessee without penalty if notice of cancellation is received by the other party not less than 72 hours in advance of the event.  If the cancellation is made less than 72 hours before the event, there will be a 35% cancellation fee applied.

6. National Sex Offender Registry

   1. Idaho Code §18-8329 prohibits any person who is registered or required to register under the Idaho Sex Offender Registration Act from being on school property if the person has reason to believe children under the age of 18 are present and are involved in a school activity, or when children are present within thirty (30) minutes before or after a scheduled activity. As a provider of goods and/or services to students of the Independent School District of Boise City, or a lessee of District property, your company and those in your employment, and any invitees who are present due to your events, are subject to this law.

   2. Please sign and return this Lease Agreement Addendum confirming to the District that your company will prohibit any persons in your employ, or any invitee, who are registered or required to register under the Idaho Sex Offender Registration Act from being present in violation of Idaho Code §18-8329. Further, by signing, you confirm that you have cross checked such employees against the National Sex Offender Registry found at the following web link: http://www.nsopr.gov/ , and take sole responsibility for assuring compliance with I.C. §18-8329, including full indemnification of the Boise School District for any claim in any way related to a violation of such.