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COMMUNITY COLLEGE OF ALLEGHENY COUNTY FACILITIES USAGE AGREEMENT (Community College of Allegheny County)

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COMMUNITY COLLEGE OF ALLEGHENY COUNTY
FACILITIES USAGE AGREEMENT
S
ECTION A - General Policy Covering the Use of the Facilities:
Use of Community College of Allegheny County facilities is subject to the Community College of
Allegheny County Regulations (Reference: CCAC Regulations, Article VII Facilities Management).
The parties to this Facilities Usage Agreement (aka “Agreement”) are Community College of Allegheny
County, hereinafter referred to as the COLLEGE; and the organization contracting to use the COLLEGE
facilities, hereinafter referred to as the USER.
1.
Th
e COLLEGE will have first priority for the use of COLLEGE facilities. However, COLLEGE may allow
the rental of its facilities, when those facilities are not in use for student classes or COLLEGE activities.
The COLLEGE does not reserve or rent space that conflicts or promotes a conflict of interest with a
COLLEGE program or previously scheduled course.
2.
B
efore a COLLEGE facility may be used, the Facility Usage Agreement/Application (Appendix A) must
be completed, signed and approved, and proper liability insurance demonstrated as outlined herein,
including a certificate of insurance, naming Community College of Allegheny County as additional
insured, submitted to the office of the Dean of Administration/Facility Coordinator.
3.
T
he Agreement shall not be entered into for any use that, in the judgment of the COLLEGE, may be in
any way prejudicial to the best interest of the COLLEGE or for which adequate adult supervision is not
provided. The COLLEGE reserves the right to determine the minimum needs and requirements for each
activity as to support services and supervision.
4
. A
pplications for Facilities Usage must be made to the Facility Coordinator/office of the Dean of
Administration at least three (3) weeks prior to the time of requested use.
SECTION B – USER’s Responsibility:
1. The USER shall be responsible for all damage to COLLEGE property, buildings, grounds, fields, and
equipment caused by participants, attendees, and/or third parties. The USER shall make no temporary
or permanent modifications to the property without prior written consent of the COLLEGE.
2.
Th
e USER agrees to use and occupy the facility in accordance with all COLLEGE policies, regulations,
rules, and practices and with all applicable municipal, state and federal laws, including but not limited to
fire codes and capacity limits.
3
. U
SER is responsible for providing all necessary and appropriate safety instructions to all participants
and attendees at USER’s activity.
4.
F
or any required delivery and set up the USER agrees to have a person present for load in and load
out. The COLLEGE will not sign for any items shipped for the USER nor take any responsibility for them.
USER’s Initials _____ Page 1 of 6
5. Th
e property or facilities must be left in a thoroughly clean condition and all furniture returned to
their original positions, debris removed, windows closed, lights turned off, and equipment returned to
lender. Performance of clean-up by the COLLEGE will not diminish any liability for damages. USER must
remove all stage props, supplies, and materials used in conjunction with event within two (2) hours of
event date. Any property remaining after ten (10) days from the last day of use hereunder, will be
deemed abandoned and shall become property of the COLLEGE to be disposed of or utilized at
COLLEGE’s sole discretion.
SECTION C – Restrictions:
1.
Th
e USER shall not use Community College of Allegheny County’s name, insignia, logo, pictures, o
r
o
ther material that might create the impression of association, affiliation, partnership, or joint venture,
without the prior written permission of the COLLEGE. The USER may use the name of Community
College of Allegheny County in its publicity of an event location as long as such use is not misleading
with regard to sponsorship. When such advertising is used, the COLLEGE must approve the text or
planned advertisement. The said advertisement must stipulate the Community College of Allegheny
County has provided its facilities as a public service and is not a sponsor nor responsible for views
and/or opinions of sponsors or members of the organization/individual.
2.
N
o COLLEGE visitor, employee, or student is permitted to use any smoke or tobacco product,
including vaping products, at any time, including during non-COLLEGE hours, in any facility and on any
COLLEGE grounds or property – including athletic fields and parking lots owned or leased by the
COLLEGE.
3. USER agrees that its use will be orderly, and no alcoholic beverages will be sold or consumed during
use of the COLLEGE’s facilities, and that all laws of Pennsylvania and all COLLEGE policies and regulations
will be fully observed.
4.
Th
e USER will not engage in sales or solicitation of sales of goods or services except as described in
the “Purpose of Use” section of Agreement. Community College of Allegheny County facilities may not
be used for any profit making activities.
5.
A
ll portions of the sidewalks, entries, doors, passages, vestibules, halls corridors, stairways,
passageways, and all ways of access to public utilities of the premises shall be kept unobstructed by the
USER and shall not be used for any purpose others than ingress or egress from premises.
6
. U
SER understands that COLLEGE reserves the right to control and manage the facility and to enforc
e
all n
ecessary and proper rules for the management and operation of the same. The COLLEGE, its
employees, and its agents shall have free access at all times to all spaces occupied by USER.
SECTION D – Non-assignment and Cancellation:
1
. T
his Agreement is personal, and the USER shall not assign this Agreement nor allow any other person,
group, or entity to use COLLEGE facility(ies) during the scheduled time(s) without prior written consent
of COLLEGE.
USER’s Initials _____ Page 2 of 6
2
.
Th
e COLLEGE may terminate this Agreement at any time in its discretion. If the COLLEGE terminates
because USER has violated the terms of this Agreement, or because participants or attendees have
violated laws or COLLEGE policies or regulations, the USER is obligated to make full payment of all fees
under this Agreement. Otherwise, termination by the COLLEGE shall result in a pro rata refund of the
applicable fee, based on the portion of the use period that was actually used less any expenses incurred
by the COLLEGE.
3.
I
f the property is rendered unsuitable for the conduct of the USER’s activity by reason of Force
Majeure, the COLLEGE and the USER are released from their obligation under this Agreement. Force
Majeure shall mean fire, earthquake, hurricane, flood, act of nature, strikes, work stoppages, or other
labor disturbances, riots or civil commotions, 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
mentioned which is beyond the control of the COLLEGE.
SECTION E – Insurance Requirements and Release of Claims:
The USER shall procure, before the facilities usage commences hereunder, and maintain at its own cost
and expense during the entire period of use of the Community College of Allegheny County’s facilities
under this Agreement, the types and amounts of insurance listed below with insurance companies
having a Best’s Rating of not less than A-, VII.
• C
ommercial General Liability including third party property damage/Umbrella Liability. In an
amount not less than:
o $
2,000,000 General Aggregate
o $1,000,000 Personal and Advertising Injury
o $1,000,000 Each Occurrence
o $1,000,000 Product Liability
• Business Automobile Liability (Including non-owned and hired liability) With a Combined
Single Limit not less than:
o $
1,000,000 Each Accident
• Worker's Compensation and Employer's Liability. Workers' Compensation - Statutory Limits -
Employer's Liability in an amount not less than:
o $
1,000,000 Each Accident
o $1,000,000 Disease - Policy Limit
o $1,000,000 Disease - Each Employee
USER’s Initials _____ Page 3 of 6
Th
e USER agrees to hold Community College of Allegheny County, Its Schools, officers, employees,
agent, and board members harmless; and to defend and indemnify them from and against any and all
claims, damages or liabilities, including attorney fees, that may arise directly or indirectly from the
USER’s breach of any terms or conditions of this Agreement or any acts or omissions in connection with
the USER’s use of the COLLEGE’s facilities or services, whether caused by the USER’s actions or
negligence, or the actions or negligence of the COLLEGEs Parties, USER’s employee’s, agents, contractors
or any third parties in connection with this Agreement.
F
urthermore, the USER’s policies shall provide that Community College of Allegheny County, Its Schools,
officers, employees, agents and board members be named as an Additional Insured for USER’s full limits
of coverage on a primary basis, but in no case less than the limits specified. Policies shall be endorsed
with a waiver of subrogation clause to the extent the claim is or should have been covered by insurance.
This language needs to be included on the certificate of insurance.
I
f Claims Made coverage is provided, the policy retroactive date shall be effective prior to the date of
this Agreement and the extended reporting period or policy renewal must provide that the policy will
respond to claims made for at least 24 months after completion of the facilities usage.
U
SERS providing required insurance must waive all rights against Community College of Allegheny
County, affiliates and subsidiaries, all of their respective officers, directors, employees, and agents for
recovery of damages to the extent these damages are covered by the above referenced insurance.
SECTION F – FEES
A
ll fees will be paid by check and made payable to: “Community College of Allegheny County”
All fees shall be in the office of the Dean of Administration/Facility Coordinator no later than one (1)
week prior to the use of facilities. The insurance certificate must be in the campus Facility
Coordinator/Dean of Administration office no later than one (1) week prior to the use of the facilities.
Failure to do so will result in termination of the application and Agreement.
T
he Dean of Administration/Facility Coordinator will assess all fees in accordance with the current fee
schedule. Any requests for fee waivers must be made in writing and be turned in to the Facility
Coordinator with the application. The Dean of Administration and/or Campus President will review the
request and the final determination of costs will become part of the "Facilities Usage Agreement".
A
cancellation fee of 25% of the original Facilities Usage Agreement may be assessed if cancellation
occurs within 7 days of the event.
Need more information about CCAC?
See our Quick Facts page at https://www.ccac.edu/about/at-a-glance.php
U
SER’s Initials _____ Page 4 of 6
Appendix A
COMMUNITY COLLEGE OF ALLEGHENY COUNTY
APPLICATION FOR FACILITIES USAGE AGREEMENT
Date of Application
Date(s) & Time of Event
Name of Applicant Organization
Contact Person
Organization Address
Address (if different)
City, State, Zip Code
City, State, Zip Code
Email Address
Phone Number
CCAC Space Being Requested
Purpose for Use of CCAC Space (Be Specific)
Estimated Attendance
Will money be transacted?
Yes
No
If Yes, explain:
Will food/beverage be served?
Yes
No
If Yes, explain:
Maintenance, Audio/Visual, Electrical, Parking, Furniture, etc.
Everyone requesting Media Services must complete the "Media Services Equipment Request Form" found on the
ITS Media Services pages at:
https://my.ccac.edu/workingatccac/ccactechnology/mediaservices/Forms/AllItems.aspx
NOTE: The Application for Facilities Usage Agreement must be submitted to the campus Facility Coordinator/Dean
of Administration office at least (3) three weeks prior to the date of requested use. In addition to a completed
Facilities Usage Agreement, USER must submit a certificate of insurance with coverages outlined in this Agreement
and must name Community College of Allegheny County as additional insured.
On behalf of the USER, I certify that I have read the Community College of Allegheny County Facilities Usage
Agreement and do hereby agree to abide by the terms of this Agreement.
Applicant's Signature
Date
Printed Name and Title
Page 5 of 6
Revised September 2019
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Appendix A (Continued)
FACILITIES USAGE AGREEMENT FEE SCHEDULE
Date(s) of Event:_________________ Time (Start): (End):_____________
Date(s) of Event:_________________ Time (Start): (End):_____________
Date(s) of Event:_________________ Time (Start):_______________________ (End):_____________
Area
**Non-Profit
Entity
Fee
For-Profit
Entity Fee
# Of Usages
Total Cost
Classroom (seats: 20-35)
$70/usage*
$140/usage*
=
$
Presentation Classrooms
(include PC/ data projector)
Note: Certain restrictions apply; Technical support required
Application for Network ID may be required
$200/usage*
$400/usage*
=
$
Computer Labs
Note: Certain restrictions apply; Technical support required
Application for Network ID may be required
$600/usage*
$600/usage*
=
$
Standard Conference Room Special
Conference Room
$70/usage*
$140/usage*
$140/usage*
$280/usage*
=
$
Gymnasium
$140/usage*
$280/usage*
=
$
Allegheny Auditorium (seats 250)
Boyce Performance Hall (seats 280)
South Theatre (seats 321)
Note: Certain restrictions apply
$200/usage*
$400/usage*
=
$
Special Space:
$
$
=
$
* Rates are based on a (4) four-hour usage.
**Proof of Non-Profit Status must be submitted with application
FACILITIES SUBTOTAL
$
Quoted fee includes routine or non-routine hours. If usage is not during normal operating hours, some, or all of the following
charges will apply.
Service
Cost per hour (4 hour minimum)
# of hours
Total Charge
Custodial*
4 hour minimum @ $32.00/hour
=
$
Security Guard*
4 hour minimum @ $19.00/hour
=
$
Supervision/ Coordinator*
4 hour minimum @ $40.00/hour
=
$
Technical Support*
4 hour minimum @ $34.00/hour
=
$
*
The provision of additional services is dependent on COLLEGE departmental
staffing; if the
COLLEGE is not able to provide the necessary services, facility usage
may be denied.
SUPPORT SUBTOTAL
$
GRAND TOTAL
$
NOTE: The above may not represent all of the support services needed or available. The COLLEGE reserves the right to make final determination of the total facility usage
cost and the support services required, which will become the final “Facilities Usage Agreement”. All fees are payable to “Community College of Allegheny County” and are
due no later than one (1) week prior to use of facility.
OFFICIAL USE ONLY:
Room(s) assigned:
Room Maximum Capacity:
Official Signature:
Page 6 of 6 Revised September 2019
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Completed 26 July 2020

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