Facilities Management
GeneralServicesBuilding
Ames, IA50011-4027
Phone: (515) 294-0692
Fax: (515) 294-5112
Date
LETTER OF AGREEMENT
Name
Address
City, State Zip
This should be considered a letter of Agreement entered into between Iowa State University (ISU) and Company. Under this agreement ISU agrees to provide space on the grassy area south of the Campanile and on Union Drive cross-hatched area just south of the Campanile area on Union Drive for Company to display (briefly describe event) ondate, on ISU campus.
I. ISU AGREES TO PROVIDE:
1.1COMPETITION/EVENT FACILITIES
- Space on grassy area south of the Campanile and the hash marked area on Union Drive just south of the Campanile.
1.2SUPPORT PERSONNEL
*None anticipated. If traffic control is a concern, ISU Department of Public Safety or Facilities Planning and Management may consult with the Company to install barricades at a cost to the Company.
1.3SERVICES
- ISU will provide locates for tent set up, garbage can delivery and pick up, additional electrical that is not pre-existing at site, or other services Company contracts Facilities Planning & Management to perform after the agreement is finalized. All services additional to $250 fee will be billed after event and due upon receipt of billing.
1.4.SPACE EXCLUSIVITY
- ISU will ensure that the Company is the sole user of the space described in paragraph 1.1 during the time period covered by this agreement. No conflicting groups, companies or participants will be exhibiting in the immediate surrounding outside areas.
1.5EVENT PROMOTION
- Companyis authorized to use the word mark "IowaStateUniversity” in order to designate the location of the event. Such use must also contain the date of the event. All proposed uses of the mark in any design, including, but not limited to, print advertisement, banners, and fliers, must be submitted for approval to the Trademark Licensing Program, 310 Lab of Mechanics, Iowa State University, Ames, IA 50011. All items produced containing the mark must be produced by licensed vendors. A searchable list of licensed vendors is available at: Art designs may also be submitted to the Trademark Licensing Program via email at: . The use of this mark is limited to the event on date, and any subsequent use after that date is prohibited. For assistance with any of these matters, the Trademark Licensing Program can be reached at (515) 294-4402.
- Additionally, pursuant to ISU policy, pre-event advertisements for the event may only be placed on approved bulletin boards within buildings. No advertisements can be taped or affixed to sidewalks, trees, shrubs, outside of buildings, including doors or windows (inside or out).
- Company shall not represent nor imply that it is affiliated in any way with ISU, or its activities are endorsed or approved by ISU unless express written permission has been granted by ISU.
- All displays or exhibits and their arrangements must have prior written approval of ISU and must comply with all applicable governmental ordinances, laws, rules and regulations. Banners or other displays (indoor or outdoor) which are to be hung on campus must be provided to ISU at least two days prior to the event and may be hung only by ISU personnel. All decorations used inside buildings must be fire-retardant and their placement or attachment must be approved by ISU personnel.
- ISU telephone numbers or e-mail addresses should not be listed as sources for additional information about your event without express written permission of ISU.
1.6SAMPLING AND SOLICITATION:
- ISU gives Companypermission to distribute free samples only on space described in 1.1 above and only during the event.
- In all other respects, Company shall abide by ISU policies pertaining to solicitation as stated in Section 2.3(4) of the University Policy Manual. "Sales persons or agents for any product, proposition, or cause are prohibited from soliciting employees or students in any building or part of the University property." Company shall not sell, or enter into agreements to sell, any of their products or services while at ISU pursuant to this Agreement.
II. COMPANY AGREES TO:
2.1ON-SITE REPRESENTATIVE
*Company will provide name and number of an on-site representative who can approve expenditures deemed necessary as a result of the event.
On Site RepresentativePhone Number
Name#
2.2TRASH/CLEANUP
- Company is responsible for any cleanup in the area that is a direct result of their activities.
2.3DAMAGES
- Company shall be liable for all damages, losses and excessive trash resulting from Company or its participants’ use of ISU facilities.
- ISU will make repairs and/or replacement of damaged or lost property required to restore it to the condition it was prior to such damage or loss, and shall provide Company with an invoice representing the costs to ISU of making any repairs and/or replacement. The invoice is due and payable upon receipt.
2.4PAYMENT
- Payment of the following fees to Iowa State University: $250.00. $200 for space rental + $50 for non-refundable deposit pursuant to Section 3.6 of this agreement. Cost of locates, garbage can delivery and pick up, additional electrical that is not already existing at site, and any other services contracted after agreement has been finalized will be billed after the event.
- Cost of locates, garbage can delivery and pick up, additional electrical that is not already existing at site, and any other services contracted after agreement has been finalized will be billed after the event.
Check payable to Iowa State University
Mailing address: Iowa State University, attn: Sue Mallas, FP&M, 152 General Services Building, Ames, IA 50011
- A check for $250.00 is due by date (5 days before event). If the signed agreement and check for $250.00 are not received prior to date, Agreement will be considered void and the space will not be retained. Payment of additional services will be due upon receipt of billing.
2.5INSURANCE
- Not later than five (5) days prior to the scheduled use of facilities, file with Facilities Planning & Management, 152 General Services Building, Iowa State University, Ames, IA 50011-4027, an original certificate of insurance indicating liability coverage in force that coincides with the term of this Agreement. The certificate shall include the following:
1) General Liability Insurance to include $1,000,000 combined single limit per occurrence for bodily injury including death, personal injury, and property damage;
2) Comprehensive Auto Liability Insurance to include non-owned, hired, or rented vehicles, shall show insurance in the of $1,000,000 combined single limit each accident for bodily injury and property damage;
3) Worker's Compensation and Occupational Diseases that require statutory limits of $100,000/$500,000/$100,000. Worker's Compensation Policy shall include a Waiver of Subrogation in favor of Iowa State University/Board of Regents (State of Iowa).
- The certificate shall name Iowa State University, Board of Regents (State of Iowa), and the State of Iowa as additional Insureds, and shall provide 30 days notice of cancellation or material change of coverage to the certificate holders.
2.6INDEMNIFY
- Company assumes any and all risk of loss, damage or liability which its officers, agents or employees or invitees may sustain while using ISU facilities and resources; agrees to defend, indemnify, release, protect, and hold harmless Iowa State University, the Board of Regents (State of Iowa), and the State of Iowa and their officers, agents, servants and employees, from and against any and all actions or causes of action, claims, demands, liabilities, for loss, damage, injury, cost or expense of whatever kind of nature, for injuries to or the death of any person or persons, or damage to or loss of property alleged or claimed to have been caused by, or to have arisen out of or in connection with, or to be incidental to the lease of these facilities..
- ISU assumes no liability whatsoever for any property placed by Companyin university buildings, properties or facilities.
(Please note that the following paragraph should not be in the standard contract. It should only be included if negotiated into the agreement and with the advice of University Legal Services)
- To the extent permitted by the Iowa Tort Claims Act, ISU agrees to indemnify, defend and hold harmless Company and its officers, agents and employees, from and against any and all actions, claims, due to losses or injuries arising from or relating to the negligent or willful acts of ISU, its employees or agents, in connection with any of its obligations under this Agreement.
2.7TRANSPORTATION AND PARKING
- The Company is responsible for participant and equipment transportation to and from ISU and its facilities.
- Participants, including employees of Company, who wish to park on campus will be allowed to park in authorized parking areas on a prearranged basis. Illegally parked vehicles will be ticketed and subject to towing, without warning, at owner’s expense.
2.8ISU REGULATIONS
- Company shall adhere to all ISU policies regulations, guidelines, and all local, state, and federal laws concerning health, safety, and public order. Failure to comply may result in termination of this agreement and removal of event participants from ISU premises. ISU regulations include, but are not limited to, the following prohibitions in ISU buildings and on ISU property:
- Alcohol (unless written permission is granted), intoxicants, narcotics, and drugs.
- Firearms, weapons, ammunition, fireworks, explosives, and highly flammable materials.
- Cooking except in designated kitchen areas or with express written permission of ISU.
- Possession of animals, except when required to assist disabled persons.
- Tampering with the fire system of fire safety equipment.
- Gambling or solicitation in any form.
III. PARTIES MUTUALLY AGREE
3.1TERM
- The term of the lease commences at time, date, and terminates at time, date.
3.2ASSIGNMENT
- This Agreement may not be assigned or transferred, either in total or in part, by either party without the prior written consent of the other party.
3.3 ON-SITE REQUEST CHANGES
- Any requests not noted in this Agreement and on-site requests may create additional charges.
3.4ENTIRE AGREEMENT
- This Agreement constitutes the entire understanding and agreement between the parties, and any written or oral representations not incorporated herein are superseded. Amendments or revisions to this Agreement may be made if in writing and signed by both parties.
3.5GOVERNING LAW
- This Agreement shall be governed by and construed under the laws of the State of Iowa, which shall be the forum for any lawsuits arising from or incident to this Agreement.
3.6CANCELLATION
- At its sole discretion, ISU reserves the right to cancel the use of space with at least 24-hour notice for any and all dates should ISU need to accommodate an ISU event or the proposed use potentially interferes with an ISU activity. Should such a cancellation occur, ISU will promptly refund any payments.
- Company may cancel this agreement 10 days prior to the date of the scheduled event without penalty unless otherwise specified by this agreement, or an addendum to this agreement. If this agreement is canceled fewer than 10 days prior to the beginning date of the event, Company will be responsible for the actual costs expended by ISU to prepare for the event and the amount of the deposit designated in Section 2.4 of this agreement.
Iowa State University /
Company
By
/ ByCathy Brown, Campus Planner /
Name/Title
Date / Datecopy via email:Warren Madden
Jerry Stewart
Becki Adair
Scott Maas
Cathy Brown
*Signature of all parties constitutes a valid Agreement
Facilities Planning & Management
152 General Services Building
Iowa State University
Ames, IA 50011-4027
515-294-0692
FAX 515-294-5112