7.2.4 Required Documents
In most cases, a User Agreement, Independent Contractor Agreement, or Lease is required. The
Real Estate Department will advise the location which form to use and refer the location to the
Office of the Legal Counsel, if appropriate.
User Agreements
A User Agreement is generally required when the individual, entity, or other organization uses the facility for a short duration or temporary use. All User Agreements must be completed and submitted to the Real Estate Department at least one week prior to the use. When completed and executed, Outside User Agreements must be returned to the Real Estate Department along with the required certificates of insurance.
The following types of User Agreements apply:
An
Internal User Agreement is appropriate whenever the entity or other organization renting or using the facility is part of the archdiocese (such as another archdiocesan school) and is covered by the archdiocesan insurance policies. When completed and executed, the Internal User Agreement must be returned to the
Real Estate Department.
An Outside User Agreement is appropriate whenever the individual, entity, or other organization renting or using the facility is not a part of the archdiocese and is therefore not covered by the archdiocesan insurance policies. For example, private summer camps or after-school programs not sponsored and staffed by the school, public entities, and group or community meetings or events all require completion of an Outside User Agreement.
An Outside User Agreement for Blood Drive/Flu Shot Clinic/Health Services/Wellness Programs is required for all programs relating to health services other than COVID-19 vaccine clinics.
The Outside User Agreement for COVID-19 vaccine clinics is required for locations that are hosting COVID-19 vaccine clinics.
The Participant Disclaimer and Waiver must accompany the Outside User Agreement for Blood Drives etc. and the Outside User Agreement for COVID-19 and keep copies of all signed disclaimer and waiver forms.
A
User Agreement for Film is required for all filming at the location, including movies, television, and advertising.
Lease
A Lease is appropriate whenever the use of the facility is anticipated to extend beyond a short-term, seasonal or temporary use. The location must provide the Real Estate Department with any written or verbal proposals for the use of the facility to enable the Real Estate Department to evaluate the use and to provide the appropriate documentation that includes the terms and conditions required by the archdiocese. All leases must be approved by the person in charge at the location, but must be executed by the appropriate person at the archdiocese and returned to the Real Estate Department, which will provide the location with an executed copy.
Independent Contractor Agreement/Professional Services Agreement
An Independent Contractor Agreement is appropriate whenever a company, entity, or other organization is providing services at the location, is paid directly by the location for services rendered, and does not pay for the use of the facility. This agreement would be appropriate for janitorial services, landscape and gardening services, installers and repair services, caterers, food service providers and other similar vendors. The Independent Contractor Agreement, executed by the independent contractor and the person in charge at the location, sets forth the rights and obligations of each party and specifies the use of the facility and the services rendered. See the
Food Service Agreement and the Independent Contractor Agreement.
Certain individuals, such as school counselors, tutors, health and technology consultants, web designers and other professionals who perform work for or at a location, but are not employees of the location, should have a written agreement as well. See Professional Services/Consultant Agreement.
Locations must obtain a Form W-9 from independent contractors prior to payment.
5-13-21