OGC-S Master Facility Use Agreement for Conference and Training Center

Transcription

1 Master Facility Use Agreement for Conference & Training Center This Facility Use Agreement ( Agreement ) is made and entered into by and between Lone Star College (the College ) and ( Organization ), whose address is. The College hereby agrees to permit Organization the use of the facilities described in Section 4 ( Facilities ) in accordance with the pricing, conditions, and terms set forth herein. Organization agrees to use the Facilities in accordance with the terms and conditions set forth herein. 1. FACILITY USE AGREEMENT. Organization acknowledges that this Facility Use Agreement is a commitment to permit the use of the Facilities for a specific date and purpose and is not a lease or rental agreement. 2. INDEMNIFICATION AND HOLD HARMLESS. To the fullest extent permitted by law, the Organization will indemnify and hold the College and its Board of Trustees, its member colleges, officers, employees, agents and assigns, and volunteers harmless from all claims arising from any and all liability, loss or damage they may suffer as a result of any losses, liabilities, claims, damage or expense, including reasonable attorney s fees and investigative expenses, they may incur which result from any claims against them, individually or severally, including, but not limited to, any claims arising from the activities to be carried out pursuant to the obligations of this Agreement. The Organization hereby expressly indemnifies and holds harmless the College for the consequences of any negligent act or omission of the College and its Board of Trustees, officers, employees, agents, and volunteers, unless such act or omission constitutes intentional misconduct. 3. TERMS AND CONDITIONS. Organization agrees to abide by the following terms and conditions for the usage of College facilities and property, and all College policies and procedures. Organization understands and acknowledges that Lone Star College is a public junior college district established pursuant to Section of the Texas Education Code, whose primary purpose is to serve the educational needs of the North Harris and Montgomery County regions. As such, the College reserves the right to deny usage of its facilities and property to any external organization, subject to all applicable state and federal laws governing the use of public property. A. Organization agrees that this Agreement is by and between the College and Organization and it expressly covenants that it shall not assign or permit College facilities or premises or any part thereof to be used by others without prior written consent of the College representative that approved this Agreement, or designee. B. Organization shall use College premises in a safe and careful manner and shall comply with all applicable local, state and federal laws and rules and regulations pertaining to the College as promulgated and amended from time to time by its Board of Trustees, and such other rules and regulations prescribed by Fire and Police Departments and other government authorities, as may be in force and affect during the occupancy in use of said premises by Organization. All portions of sidewalks, entrances, passages, etc., and access to public utilities shall be kept unobstructed by Organization and shall not be used for any purpose. Doors, stairways or openings into any place in the structure shall remain unobstructed Page 1 of 6

2 except as may be set forth in this agreement or as may be consented to in writing by the College. Smoking is not permitted inside any College-owned facility. C. Possession, consumption, storage or sale of any alcohol beverages or controlled substances is strictly prohibited on all College property, except in accordance with Section II.D.1.06 of Lone Star College Board Policy. Alcohol beverages requested by Organization will be exclusively provided and arranged by vendors approved by the College. D. All youth or children s groups shall be supervised at all times by responsible adults provided by the Organization. Organization agrees and understands that it is solely responsible for the conduct of any youth, adult, or member of its Organization and shall ensure that such persons have knowledge of and will comply with all applicable policies and procedures of the College. Organization agrees and understands that any persons brought to College facilities and premises by Organization may be asked to leave if such persons violate College policies or procedures or cause in any way, a disruption to the educational environment of the College. E. Organization shall not remove, alter, or displace furniture, apparatus, and/or equipment without permission from an authorized College representative. Organization shall safeguard and care for the facilities and assume responsibility for payment of any damages resulting from its use of facilities. Organization must return the facility in the same condition as before the event. F. The College shall have the sole authority to retain or release concession rights for food or beverages. No drinks or edibles shall be sold or carried into College facilities, unless prior written permission to do so has been given by an authorized College representative. G. INSURANCE. Organization shall secure at its own expense and keep in effect during the term of this Agreement: Commercial General Liability Insurance for bodily injury and property damage, including contractual liability, with a minimum limit of $1,000,000 per occurrence, $2,000,000 products/completed operations aggregate $2,000,000 annual aggregate; $50,000 Fire Damage and $10,000 Medical Payments Comprehensive Automobile Liability covering owned, hired, and non-owned vehicles, with a combined bodily injury (including death) and property damage minimum limit of $1,000,000 per occurrence. No aggregate shall be permitted for this type of coverage. Such insurance is to include coverage for loading and unloading hazards. Workers Compensation for all contractors, lessees, and vendors with statutory limits. Employers liability is also required with minimum limits of $500,000 Each Accident / $500,000 Disease-Policy / $500,000 Disease-Each Employee. The required Commercial General Liability, Commercial Automobile and Employers Liability limits may be accomplished through a combination of primary and excess/umbrella liability policies written on a follow-form basis. Lone Star College, present and past members of its Board of Trustees, it officers, employees, agents and assigns, and volunteers shall be named as an Additional Insured on a Primary and Non-Contributory basis for ongoing and completed operations on all policies except Page 2 of 6

3 workers compensation and to the full extent allowable by law. Reference to the Additional Insured endorsement to the policy shall be specified in the Certificate of Insurance and a copy attached to the Certificate of Insurance. Coverage shall be written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and rated A- VII or better by A.M. Best Company or otherwise acceptable to the College. All policies shall be endorsed to provide a minimum of thirty (30) days advance notice of cancellation, non-renewal, or material change of policies. Reference to the Cancellation endorsement to the policy shall be specified in the Certificate of Insurance and a copy attached to the Certificate of Insurance H. Organization shall report and pay directly all Federal and State taxes arising out of its use of the Facilities and premises. I. Oral agreements to use College facilities are invalid and unenforceable. Organization understands and acknowledges that this application, after acceptance, constitutes the entire Facility Use Agreement and may not be varied or altered unless done so in writing and signed by an authorized representative of both parties. J. The College may cancel or relocate the event at any time to accommodate a System activity. The College shall notify Organization immediately if cancellation or relocation is required. In the event of cancellation or relocation, Organization shall have the option of requesting a full refund of all fees or, if relocated, accepting the new location of event. K. If the College is unable to give possession of the premises on the specified date by reason of "Force Majeure", the College or its member colleges shall not be subject to liability for failure to give possession. Under such circumstances, Organization shall be entitled to a pro rata return of any advance sum paid, or any other acceptable arrangement mutually agreed to by the parties. For purposes of this Agreement, the term "Force Majeure" shall mean fire, earthquake, flood, acts of God, strikes, work stoppages or other labor disturbances, riots or civil commotions, litigation, war or other act of any foreign nation, power of government or governmental agency or authority or any other cause, like or unlike any cause above mentioned which is beyond the control or authority of the College. L. Should Organization terminate this agreement or cancel/reschedule services set forth herein within thirty (30) calendar days of start date for the services, Organization/Host agrees to pay a cancellation fee of 50% of the invoice amount unless service is rescheduled with a confirmed start date within 60 days of the original start date. If Organization cancels within seven (7) calendar days of the start date, Organization agrees to pay a cancellation fee of 100% of the invoiced amount. M. The parties to this Agreement shall comply with all applicable laws regarding affirmative action and equal opportunity in fulfilling this Agreement, and shall not discriminate against any person or group of persons on the basis of race, religion, veteran s status, disability, age, creed, sexual orientation, or national origin. N. Organization agrees that it shall provide its own personnel and employees during its usage of College facilities and premises. Such personnel shall be provided at Organization s expense, including the provision of all applicable medical or health insurances, workers' Page 3 of 6

4 compensation, and employment taxes. Organization s employees shall be directly supervised and controlled by Organization and shall not be represented to be employees of the College. O. The College will determine security requirements appropriate for the event. Organization shall be required to comply with the security requirements. Should the College be requested to provide security, organization shall pay to the College all security costs prior to the event. P. Organization agrees to obtain all required approvals for any music or other works protected by the U.S. Copyright Act that will be displayed, performed, or sold at the event and assumes all legal obligations to defend and hold the College harmless from any allegations of copyright violations resulting from their performance or subsequent sale on System property. Q. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by the College and Organization to attempt to resolve any claim for breach of contract made by Organization, to the extent it is applicable to the agreement and not preempted by other law. Except as otherwise provided by law, nothing herein is a waiver by the College of the right to seek redress in a court of law. R. This Agreement and the interpretation of its terms shall be governed by the laws of the State of Texas. Jurisdiction for any legal proceedings incident to the Agreement shall lie in Harris County, Texas. S. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained in it. To this end, the provisions of this Agreement are declared to be severable. The Parties may mutually agree to renegotiate the Agreement to cure such illegality/invalidity or unconstitutionality if such may be reasonably accomplished. T. Any notice given under this Agreement by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified postage prepaid with return receipt requested. Mailed notices shall be addressed to the addresses of the parties as they appear in the Agreement. Notices delivered personally shall be deemed communicated at the time of actual receipt. Mailed notice shall be deemed communicated three (3) days after mailing. U. Organization shall certify that he/she or it is in compliance with all applicable state and federal laws, including non-discrimination laws as it relates to the terms and conditions of the agreement. V. As an institution of higher education of the State of Texas, the rights, obligations and approval of this document by the Lone Star College System and/or its component institutions are subject to and limited by the laws of the State of Texas. Page 4 of 6

5 4. FACILITIES. The following is the description of the facilities to be used and services to be performed, if any, under this Agreement. Event Description Date Time Maximum # of Participants Catering Room Type: Boardroom Computer Lab Focus Room Foyer ITV Room Executive Conference Room Multipurpose Meeting Room Equipment/Materials To be provided by: Cost (if College) Instructor Computer Organization College $ Projector, pointer, other media Organization College $ Other: Organization College $ Special Requests or Circumstances: Room Cost: $ Method of Payment: Equipment/Materials Cost: $ Invoice Purchase Order Total Amount: $ PO#: 5. CANCELLATION POLICY. Should Organization terminate this Agreement or cancel/reschedule services provided hereunder, Organization agrees to the following: A. For cancellations that occur within 30 (thirty) calendar days of start date for the services, Organization agrees to pay a cancellation fee of 50% unless service is rescheduled with a confirmed start date within 60 days of the original start date. B. For cancellations that occur within 7 (seven) calendar days of start date, Organization agrees to pay a cancellation fee of 100% of invoiced amount. Organization acknowledges the cancellation fees are not penalties, but rather fees to reimburse the College for costs incurred. ***SIGNATURE PAGE TO FOLLOW*** Page 5 of 6

6 By signing this Facility Use Agreement, I acknowledge and affirm that I understand and agree to abide by the terms and conditions of this application and agreement. I am the authorized representative of the Organization requesting usage of College facilities and have full authority to bind the Organization to the terms and conditions of this application and agreement. ORGANIZATION LONE STAR COLLEGE Signature Date Signature Date Printed Name Printed Name Title Title Billing Instructions Attention/To Street Address or PO Box City State Zip Note: Modification of this Form requires approval of OGC. Page 6 of 6