SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
Terms & Conditions
This Agreement is hereby entered into between South Orange County Community College District (hereinafter referred to as “District”), and Facility Use Applicant (hereinafter referred to as “User”), whereas the District is authorized by California Education Code Section 82537 to allow use of its facilities or grounds for public, literary, scientific, recreational, educational, or public agency meetings, or for the discussion of matters of general or public interest. Use of District’s facilities or grounds may be used when such use does not conflict with District programs and operations and is subject to reasonable rules and regulations as stipulated by Board Policy (BP) and Administrative Regulation (AR) 1311. User may use only such facilities
as indicated above and in accordance with the above stated purposes. The District reserves the right to deny any facility use that it deems inappropriate.
User shall adhere to the terms, conditions, rules, and regulations as stated herein.
1. DEFINITIONS
A. District means a California community college district that is a political subdivision of the State of California, acting in its higher education capacity and comprising of Irvine Valley College (including Advanced Technology Education Park) and Saddleback College.
B. College refers to either to Irvine Valley College or Saddleback College.
C. ATEP refers to Advanced Technology Education Park, a satellite campus of Irvine Valley College.
D. District Facilities refers to College property or facilities such as classrooms, theaters, conference rooms, fields, and parking lots.
E. Applicant is a person or group of persons applying and requesting to utilize a specific area of the District/College during a specific date and time.
F. User refers to a person or group of persons associated to the Applicant and who has or have been granted the use of a specific area of the District/College facilities and/or grounds.
G. Authorized Representative refers to an individual who is authorized to sign this Application Agreement on behalf of the Applicant.
H. Application is a binding Agreement between an Applicant and the District.
2. CONDITIONS OF USE, RULES AND REGULATIONS.
A. User shall adhere to the College's supplemental conditions pertaining to the area(s) being utilized.
B. Permits for use of any College facility shall be revoked when the use interferes with regular College use.
C. Applications shall be submitted to Facilities, Maintenance & Operations (Irvine Valley College - IVCmastercalendar@ivc.edu) or Saddleback College - SCmastercalendar@saddleback.edu). Requests for use of District facilities must be made at least thirty (30) days in advance of the first date of use being requested.
D. Normal College operational hours are Monday through Thursday, 7:00 a.m. to 10:00 p.m. and Friday, 7:00 a.m. to 5:00 p.m., with the weekend and summer operating hours being determined by the individual Colleges.
E. Generally, the maximum daily time allowed for the use of College property or facilities shall be eight (8) consecutive hours. This limit includes the time required for setting up, practice, performance, games, setting, and removal of equipment, release of personnel, etc. If more than one (1) performance or game is held, a separate charge may be made for each. Time will be counted from the moment of initial use under a use permit until the moment that use of the facility is no longer required. Use permits shall be issued for specified hours and dates. Users shall not arrive before the time authorized and shall leave the College premises at the permit expiration time.
F. Long-term usage (five or more times) by community service programs may be subject to negotiations with appropriate College personnel. Permission to use District facilities shall not be granted for a period to exceed one fiscal year without a special fully executed license to use Agreement approved by the Board of Trustees. No person or organization may be granted a monopoly on any facility.
G. District makes no representations or warranties as to the condition of the facilities. User agrees to utilize District’s facilities “as is”. User has the sole responsibility to inspect the District’s facilities or grounds to ensure it is in a safe condition prior to the scheduled use. Should User identify any hazardous conditions or ADA concerns, User is responsible for communicating these conditions and/or concerns to the District and request they be corrected prior to scheduled use. If User advises District of a hazardous condition or ADA concern that cannot immediately be rectified prior to use, User shall work with District to identify another location on District facilities or grounds, if one is available. User is under no obligation to utilize the District’s facilities or grounds, if conditions are unsatisfactory prior to scheduled use.
H. All charges for the use of District facilities are payable at 50% upon reservation of the facility with signed permit, or no less than 30 days in advance of the event, with the remaining balance due at least ten (10) days in advance of the event date. If additional fees or reimbursements are due to the District as a result of approved changes to the original terms, an invoice will be submitted to the user for immediate payment.
I. Any persons applying for use of District property on behalf of any group shall be a member of the group and, unless they are an officer of the group, must present written authorization to represent the group. Each person signing an application shall, as a condition of use, agree to be held financially responsible in the case of loss or damage to District property.
J. No structures, electrical modifications or mechanical apparatus may be erected or installed on District property without prior express written approval by the Vice President for College Administrative Services or designee.
K. User shall not renovate any of District’s existing property.
L. College furniture, apparatus, and/or equipment (including, but not limited to lights, curtains, ceiling piece, etc.) shall not be removed, altered, or displaced without permission from an authorized District/College employee. If User is permitted to move District/College furniture, apparatus, and/or equipment, User is responsible for returning District’s facilities, grounds, furniture, and equipment in the same configuration and condition as prior to the event or User will be charged for extra clean-up and/or damages sustained at the time of use, if applicable.
M. User shall adhere to all provisions reflected in District Board Policy and Administrative Regulation 1311 - Civic Center and Other Facilities Use. User shall also comply with all District rules, regulations and/or guidelines that include but are not limited to a smoke, vape, alcohol, controlled substances and drug-free campus. The possession and/or use of alcoholic beverages, intoxicants, controlled substances, marijuana, and tobacco in any form are strictly prohibited on District property. Persons under the influence of alcohol, intoxicants, marijuana, or controlled substances shall be denied participation in any activity and immediate removal from District property.
N. User shall adhere to District’s conflict of interest, workplace violence, code of conduct, as well as harassment and discrimination prevention policies. User, User’s representatives, guests, and vendors shall not discriminate and/or engage in any form of harassment concerning race, color, religion, sex, disability, age, marital status, medical condition, national origin, veteran status or any other category protected by law.
O. User shall also agree to comply with all applicable federal, state, and local laws, rules, regulations (including regulations pertaining to Title IX), and ordinances that are now and may in the future become applicable to User and User’s business.
P. User shall strictly comply with all health and safety guidelines consistent with California Occupational Safety and Health Administration (Cal/OSHA) and Centers for Disease Control and Prevention (CDC).
Q. COVID-19 Related Responsibilities. User shall respond to all potential COVID-19 exposure events immediately. If a possible COVID-19 infection or potential exposure event occurs involving User and/or any of User’s employees, representatives, guests, and/or invitees while on District property pursuant to the terms of this Agreement, User shall immediately notify the District. While the confidentiality of all medical conditions must be maintained in accordance with applicable law, the District reserves the right to inform any District staff, employees, students, and/or visitors that an unnamed individual has been diagnosed with COVID-19 if any of the District’s staff, employees, students, or visitors might have been exposed to the disease so such individual(s) may take measures to protect their own health. Additionally, User shall ensure that its employees will at all times comply with Exhibit
A - Facilities Use Protocols While on District Property During COVID-19 Pandemic.
R. Any use contrary to or in violation of any law, rule or regulation, shall be grounds for cancellation of the permit and removal of the User from the College property and shall be barred from further use thereof.
S. The District may require security personnel, at the User’s costs, as a condition of use whenever it is deemed to be in the District’s best interests. The District may also require the User to submit a security plan for approval at least twenty (20) days prior to the date scheduled for the activity.
T. No person or group applying for use of District property shall be issued a key to District facilities.
U. Future facility requests may be denied on grounds including, but not limited to, abuse or misuse of District property and failure to pay promptly any fees associated with the facility use and for damage to District property.
V. All decorative materials is subject to approval by the Vice President for Administrative Services or designee prior to use.
W. District/College name, logo, brand, image and/or likeness shall not be used by the sponsoring or promoting organization without prior written approval by the District and or College president or designee.
X. Food or refreshments are not permitted in auditoriums or classrooms. Should such approval be granted by College, User shall obtain all necessary permits from local and state agencies (e.g. fire, health departments). Users approved to bring food to a facility shall be responsible for compliance with all health and safety regulations. The College reserves the right to deny such request and/or may charge a food/concession buyout.
Y. The vending or sale of any article will not be permitted during use of College facilities unless specifically approved in the Facilities Use Application.
Z. The District assumes no liability or responsibility for any personal property of User or of its employees, agents, representatives, volunteers, guests, or invitees brought on to the District’s premises during the term of this Agreement.
AA. There shall always be a College employee on duty during all scheduled use to open and lock doors. The College is not responsible for setting up User’s equipment. Applicant shall be charged at the College established rate of pay for any College employees used by the Applicant for its scheduled use.
BB. College shall assume no responsibility for User’s mail and shall not permit use of College/District telephone for long distance calls by User or any of its representatives, vendors, invited guests using the facilities. If these rules and regulations are violated, the District shall revoke facility use permit(s) and shall refuse any future requests. Furthermore, if User fails or refuses to strictly and fully comply with the foregoing, User shall be liable in an amount equal to two hundred percent (200%) of the cost paid by the College per telephone call.
CC.Any removal of College fixtures or other damage to the College property including, but not limited to, unbolting, unscrewing, defacing, painting, or other damaging of College facilities is strictly prohibited and may subject User to a fine, repair charges, including possible termination of use or occupancy of College property.
DD.In cases where the proposed use of College equipment includes radio or television broadcasting, together with special equipment, an additional deposit may be required in advance and shall be identified in the Facilities Use Application; this amount shall be used to defray the additional expenses resulting from such special use. Any unused portion of this deposit shall be refunded to the User.
EE. District stages and other indoor facilities shall not be available for entertainment of a circus type event involving the use of hay, straw and/or animals of any type, kind, or size.
FF. Aircraft-related activities are not allowed at non-District events, unless prior written approval is granted by the District Vice Chancellor of Business Services or designee. This includes manned or unmanned, powered or non-powered aircraft of any type including helicopters, ultra-lights, hang gliders, hot air balloons, parachuting, etc. Should special approval be granted, User shall adhere to all Federal Aviation Administration guidelines and Board Policy and Administrative Regulation 3950 - Unmanned Aircraft Systems (drones).
GG. The Campus Police Department reserves the right to determine the parking areas for all events and the cost associated with the use of these parking areas. Parking is not free. Permits are available for purchase at any of the kiosks located on campus. Any exceptions granted to the parking fee assessment shall be approved by the College President or designee. The College President shall not waive the parking fees where a fee is charged for admission for any function or event that does not primarily benefit the students.
3. HOLD HARMLESS AND INDEMNIFICATION.
User accepts premises and adjoining areas as is and releases, discharges, and shall indemnify, defend, and hold harmless the District, its Board of Trustees, officers, agents, employees, representatives, and volunteers from any and all liability, claims, judgments, or demands, including reasonable attorney’s fees and costs, which may arise from all injuries/illnesses (including COVID-19), deaths (to Users, agents, employees, representatives, guests, and invitees included) and damage to property arising directly or indirectly out of this Agreement including but not limited to Applicant’s use of the premises, the adjoining areas, parking lots, including but not limited to District’s, or Board of Trustees, officers, agents, employees, representatives, and volunteers’ negligence.
4. INSURANCE.
User and its vendors shall procure and maintain the following insurance coverages where applicable. User is responsible for ensuring the College has updated certificates of insurance and endorsements prior to their use of College’s facilities or grounds.
A. A.M. Best Financial Rating
Policies of insurance required herein shall be issued by insurers with an A.M. Best financial rating of A:VII or better.
B. Admitted Carrier(s)
Policies of insurance shall be afforded by insurers who are admitted - licensed to transact business in the State of California.
C. General Liability
Coverage insures against bodily injury and/or property damage.
$1,000,000 Limit per Occurrence
$2,000,000 General Aggregate
D. Automobile Liability
Personal transportation vehicles that are driven onto and/or parked on District property.
$100,000 injury/death to one person
$250,000 injury/death to more than one person
$100,000 property damage (per accident)
Commercial vehicles used to provide services, especially food service vehicles, shall have a minimum limit of $1,000,000 (combined single limit) as respects to owned, hired, and non-owned vehicles aka “Any Auto”.
E. Sexual Abuse/Molestation
(Coverage is required if User’s event/activity involves minors. Coverage
may be included under General Liability policy, otherwise coverage shall be from a separate policy.) Insures against third party injuries from sexual abuse/molestation-related claims/lawsuits.
$1,000,000 Limit per Occurrence
$2,000,000 General Aggregate
F. Additional Insured Endorsement
Either a blanket or scheduled additional insured endorsement shall be provided. If scheduled additional insured endorsement is provided, it must specifically name South Orange County Community College District, its Board of Trustees, officers, agents, employees, and volunteers as additional insureds with respect to all of insured’s liability policies. In addition, the policy number on the COI shall match the policy number reflected on the scheduled endorsement.
G. Primary and Non-Contributory
Endorsement In the event primary and non-contributory verbiage is not included in the required additional insured endorsement (typically when a blanket additional insured endorsement is provided), a separate primary and non-contributory endorsement should be issued with the following verbiage or a copy of the policy reflecting similar verbiage shall be provided:
Such insurance as is afforded by the insured’s policy(ies) shall be primary, and any insurance carried by South Orange County Community College District shall be excess and non-contributory.
H. Workers’ Compensation
Proof of Workers’ Compensation coverage with statutory limits and Employer’s Liability with the following limits:
E.L. Each Accident: $1,000,000
E.L. Disease – Each Employee: $1,000,000
E.L. Disease – Policy Limit: $1,000,000
I. No Cancellation or Material Modification of Insurance
User and its vendors’ policies of insurance and accompanying endorsements required by this Agreement shall not be cancelled or materially modified, except upon thirty (30) days’ advance written notice to College. Written notice of cancellation or material modification shall be from the insurer(s) issuing the policy(ies) of insurance to the District.
J. Certificate(s) of Insurance and Endorsements
Certificate(s) and Endorsement(s) evidencing the required coverages and limits set forth herein shall be provided to College at least ten (10) working days prior to the scheduled use.
5. CANCELLATION BY USER.
Any change/cancellation to this Agreement by the User must be in written form and submitted at least five (5) business days before the first date of use. Approval of any change will be at the sole discretion of the District and shall be executed by both User and District via an amendment. If the User cancels prior to the start of use for any reason other than a Districtâinitiated change of venue, the User forfeits any and all deposits to the District. District may use, apply or retain all or any portion of the deposit for the payment of any sum in default, or for the payment of any other damage which the District may suffer by reason of User’s default. Any costs incurred by the District prior to cancellation will be subtracted from the deposit. The District reserves the right to cancel this Agreement or any reservation for facilities if payment is not received from the User within ten (10) days of the scheduled use unless other arrangements have been agreed upon in advance and in writing.
6. CANCELLATION BY DISTRICT.
The District reserves the right to cancel the use of any or all facilities requested herein, for any reason and prior to the start of use. Should the District cancel for any reason, the deposit shall be fully refunded to the User for the facilities cancelled. The District is not liable for any other costs or damages incurred by the User.
7. NON-ASSIGNABILITY.
This Agreement may not be assigned to another party.
8. CHOICE OF LAW AND VENUE.
This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. If any action is brought arising out of this Agreement, including but not limited to, any claim for breach of the same, interpretation of the same, cancellation or specific performance, said action shall be brought in the appropriate court in Orange County, California.
9. ENTIRE UNDERSTANDING.
This Agreement contains the entire understanding of the parties. There are no representations, covenants or warranties other than those expressly stated herein. No waiver or modification of any of the terms and conditions herein shall be valid unless in writing and signed by both parties.
10. REPRESENTATIONS AND WARRANTIES.
User hereby represents and warrants to the District that User has the power and authority to enter into this Agreement and to grant the rights and complete the transactions as stated herein. User has taken all actions necessary to authorize the execution and delivery of this Agreement.
11. SUPERSEDES.
This Agreement constitutes the entire agreement and understanding between the parties to this
Agreement and supersedes all prior and contemporaneous negotiations and understandings between the parties whether oral or written, expressed or implied.
12. GOVERNING LAW.
The terms and conditions of this Agreement shall be governed by the laws of the State of
California with jurisdiction/venue in Orange, California. Failure to adhere to any of the conditions of use, rules and regulations as stated herein, may result in immediate termination of this Agreement and denial of User’s future facility and grounds requests. No persons associated with User may use any District equipment or services without prior express written approval from the Vice President for College Administrative Services. In addition, no persons associated with User shall present themselves as acting on behalf of the District.
SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
FACILITIES USE PROTOCOLS WHILE ON DISTRICT PROPERTY
DURING COVID-19 PANDEMIC
Facility Use Applicants, hereafter referred to as “User” shall follow these Protocols as a condition of being permitted on District property. The dually executed Agreement for the use of District’s facilities and/or grounds shall be the governing document and this Protocol document is intended to be supplementary. The User acknowledges that when it relates to COVID-19, the User shall adjust its business operations to comply with COVID-19 specific safety guidelines prescribed by federal, state, and local governmental agencies, including the Orange County Health Care Agency (OCHCA), Centers for Disease Control and Prevention (CDC), and California Occupational Safety and Health Administration (Cal/OSHA). User further acknowledges that all safety guidelines prescribed and updated by federal, state, and local governmental agencies, including the OCHCA, CDC, and Cal/OSHA shall be followed at all times and that this Protocols document should be treated as additional, providing the District with the greatest levels of protection. Failure to comply with any of the Protocols identified herein, may subject the Users, its employees, invitees, and guests to immediate removal from the District’s property. As a requirement to utilize District property, User agrees that its employees, representatives, invitees, and guests shall adhere to the following.
1. User shall train its employees on how to limit the spread of COVID-19 pursuant to the symptoms as identified by the CDC and Cal/OSHA, including but not limited to the following:
• Fever or chills
• Cough
• Shortness of breath or difficulty breathing
• Fatigue
• Muscle or body aches
• Headache
• New loss of taste or smell
• Sore throat
• Congestion or runny nose
• Nausea or vomiting
• Diarrhea
2. Implement control measures
• User shall provide an adequate supply of personal protective equipment (PPE) such as face masks/coverings to all of its employees, representatives, invitees, and guests to wear at all times while on District property, if they do not have one on their person.
• Direct all employees to:
o Wash hands often with soap and water for at least 20 seconds
o Use hand sanitizer/wipes when soap and water are not available (User shall supply and make available hand sanitizer/wipes)
o Cover cough or sneeze
3. Implement cleaning and disinfecting protocols
• User shall ensure that adequate cleaning and disinfecting supplies are available while on District premises
• Contractor shall ensure that any and all equipment, objects, and surfaces are cleaned and disinfected after each use
4. Implement physical distancing guidelines
A minimum of 6 feet of physical distance between all individuals shall be maintained while on District property.