FACILITIES USE AGREEMENT

 

Contract No. ______________

LICENSE FOR THE USE OF FACILITIES AND/OR PROVISION OF SERVICES

        This agreement is made between ____________________________ UNIVERSITY OF PENNSYLVANIA of the State System of Higher Education (hereinafter University), an institution of higher education and government instrumentality existing pursuant to Act 1982-188, 24 P.S. 20-2001-A, et seq., located at ___________________, Pennsylvania

a
   n
       d

__________________________________________________________________________________a(n) (circle one) Individual Person      Corporation       Partnership      Unincorporated Association      Other (Specify) ____________________________________________________________________ (hereinafter User), located at _______________________________________________________________________________________________

        The University and the User, intending to be legally bound by this contract, agree that the University will provide the services and/or use of facilities described in the riders, attached hereto and incorporated herein as follows:

Rider A. Terms and Conditions                        6      pages

Rider B.  Required Clauses                              1     page

The User agrees to comply with all terms and conditions of the above-mentioned riders.

SIGNED FOR THE UNIVERSITY                         SIGNED FOR THE USER

By:                                                                                                                                
                                        (date)                                                                             (date)

                                                                                                                                     
Title                                                                               Name and Title (printed)

                                                                         (    )                                                     
                                                                                    Telephone No.

 

        If the User is an unincorporated association, then provide the name, address and telephone number of the User's president or highest executive officer.

 

                                                                                   (    )                                              
Name (printed)                                                                          Telephone No.

______________________________________________________________________________________________
Address

 

RIDER A

TERMS AND CONDITIONS

I.      Facility Use (Place N/A in any space which is inapplicable to this agreement)

        1.1     Name and location of facility* (include floor, room number, etc.):

                ______________________________________________________________________________

                ______________________________________________________________________________

                ______________________________________________________________________________

*The University reserves the right to make changes in facility assignments to accommodate enrollment changes within individual workshops and events or other University needs.

        1.2     Purpose for which facility is to be used:

                _____________________________________________________________________________

        1.3     Date(s) and time(s) of use (beginning and end times):

                _____________________________________________________________________________

        1.4     a. If cost is determined other than on a per day basis check here _______, and fill out Paragraph 2.3, below.

                b. Cost per day ______ No. of Days _______ Total Cost _______

        1.5     Cost per program participant ________ No. of participants _______
                Total Cost: _______

        1.6     Other Charges (damage deposits, etc.):
_______________________________________________________________________________________

        1.7     Total amount due to University: $____________________.

        1.8     Janitorial services will not be provided unless there is a specific statement to that effect in Section II of this contract, below.

 

II.     Provision of Services. The University will provide the services described below:

        2.1     Term of agreement (or specific dates and times):

                __________________________________________________________________________________

                __________________________________________________________________________________

        2.2     Nature of Services:

                __________________________________________________________________________________

                __________________________________________________________________________________

                __________________________________________________________________________________

        2.3     If billing is to be determined by amount and/or type of service use, provide details in this space.

                __________________________________________________________________________________

                __________________________________________________________________________________

                __________________________________________________________________________________

        2.4     It is further understood that the User will provide or do the following:

                __________________________________________________________________________________

 

III.    General

        3.1     (Check one)

                ____ Payment is to be made in advance in the amount of $_________ for facility use and $_________ for services, for a total of $_________.

                ____ Arrangements for billing are acceptable to the University as follows:

                _____________________________________________________________________________.

        3.2     When billing is provided, if all charges are not paid within thirty (30) days of final invoicing, the User will pay the University, upon demand, interest on the amount of the overdue charge at the highest legal rate permissible, but in no event more than 1.5% interest per month from the date the charge became due.

        3.3     A deposit of $_________ is required in advance for the use of the facilities described in this contract. At the end of the use, the deposit will be returned if the User has returned the facility to the University in its original condition, ordinary wear and tear accepted. Where janitorial service is not provided by this contract the University may, without limitation on other uses, use the deposit to reimburse itself for janitorial services required by the User's failure to comply with this provision, and the User shall, promptly upon notice, pay the University for any janitorial services or damages in excess of the deposit.

        3.4     Insurance. The User shall provide the University in advance of any use a copy of a certificate of insurance covering property damage liability and bodily injury in amounts of no less than two hundred fifty thousand dollars ($250,000.00) per person and one million dollars ($1,000,000.00) per incident. The University must be named as an additional insured on any such certificate, and the certificate shall provide that the insurance carrier will provide advance notice to the University of any termination, cancellation or discontinuance or modification in coverage of the insurance.

        3.5     User agrees that neither the University nor any organization affiliated with the University, nor any of the University's officers, agents, or employees (collectively the University), are responsible for the loss or damage to users' personal property by fire, theft, vandalism, or other hazard without regard to whether it is alleged or true that the loss is due to University's neglect of any duty or willful or intentional action. Further, User agrees to indemnify, defend and hold harmless the University and its officers, agents and employees from all liability and/or contractual claims in relation to any personal injuries to any person whatsoever, or any losses or expenses due to such personal injury or due to instances of or damage to personal property, arising from or related to the use of the facilities provided in this agreement, or attendant to or related to such use. The User's hold harmless obligation under this agreement includes an obligation to defend, indemnify and hold harmless the University from all such liability regardless of whether it is alleged or true that the liability is due to neglect of duty by the University, or even if it is alleged or true that it is due to the intentional or willful or reckless actions of any person, including the officers, agents and employees of the University.

        3.6     This contract contains the entire contract between the University and the User, and supersedes all prior or contemporaneous oral or written agreements.

        3.7     License Only. The University grants the User a personal, nontransferable, revocable license only. No leasehold interest for the use of facilities is created under this contract.

        3.8     Termination. The license granted for the use of facilities under this contract and/or the University's obligation to provide services may be terminated by the University upon written notice to User if the User defaults in the payment of any amount due, or if the User otherwise violates the terms of this contract. The User's obligation to pay charges which are due prior to the termination of this contract and any damages arising from the breach of this contract by the User will survive the termination of the contract. This provision is in addition to and not in limitation of any other remedy the University may have for breach of this contract.

        3.9     Limitation of Liability. In providing the User with services or the use of facilities, the University is not accepting any responsibility for their utilization or for any decisions of the User which may be made in connection with them. The User agrees that the liability of the University under this contract for damages, regardless of the form of action, shall not exceed the total amount to be paid by the User under this contract. In no event will the University be responsible for any consequential damages incurred by the User with respect to this contract, or any matter pertaining thereto, even if the University has been advised of the possibility of such damages. The University and the User acknowledge that the University and the User are independent contractors in regard to this contract and the University is not the User's agent for any purpose whatsoever, nor is User the University's agent for any purpose. Neither party will have the authority to enter into any contract or assume any obligation for the other, and nothing herein will be construed to establish any partnership, joint venture or principal-agent relationship between the University and the User.

        3.10     Cancellation. The University may cancel this contract at any time by giving the User ten (10) days' written notice. Notice shall be deemed received when deposited into the custody of the U.S. Postal Service by First Class Mail, postage prepaid.

        3.11     In case of damage or destruction of the property of the University due to conduct, whether intentional or unintentional, by User or User's program participants, and not due to ordinary wear and tear, the User will be responsible for the cost of replacing the property destroyed or, at the University's option, for the cost of restoring the property to its original condition.

        3.12     User agrees that no activity shall be conducted on the University's premises in violation of any applicable law or in violation of any University regulation, or reasonable direction that may be issued from time to time by University administration. Advertising on the University's premises shall be limited as directed by the University's personnel and regulations.

        3.13     The University or its designee reserves the exclusive right to operate all concessions for the sale of refreshments, catering and parking, and generally for the sale of all goods and services on University premises. The User may not engage in such activities unless there are explicit provisions in this contract granting permission to the User. Parking by User and User's participants shall be in accordance with University regulations.

        3.14     The User agrees not to modify or deface the facilities of the University in any way, and understands that this provision includes a requirement that the University's permission must be granted specifically for any decorations placed on or about University facilities by the User.

        3.15     The User may not sell tickets for any attraction on University premises in excess of the number of seats available for any presentation that may be described in this contract, this number to be determined by the University in writing in consultation with the User. In no event will stairs, aisles, halls and foyers be obstructed.

        3.16     Cameras, sound recorders, and broadcasting equipment may only be used in University facilities by the User with the written permission of a University official, which shall be evidenced by initials of the proper University official in Paragraph 3.21, in which case conflicting provisions herein become void. Printed programs issued by the User shall include the statement, "The use of cameras, sound recorders and broadcasting equipment, is prohibited in the University's facilities."

        3.17     The University accepts no responsibility whatsoever for any property brought onto University premises, and the University is hereby expressly relieved and discharged from any and all liability from any loss, damage, or destruction of property that may be sustained by the User in connection with the performance of this contract.

        3.18     The University reserves the right to eject any objectionable person or persons from University premises at all times, including periods when services or facilities are being provided to the User pursuant to this contract.

        3.19     The University shall have no liability for any failure to perform or delay in performance due to any circumstance beyond its reasonable control, such as but not limited to fire, flood, work stoppage or strikes, loss of the use of a building or buildings due to construction or maintenance problems, acts of God and the like.

        3.20     The User may not assign this agreement without the written permission of the University. No change shall be made in any of the terms or provisions of this agreement, nor shall any of them be waived without the prior written consent of both parties. This agreement will be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania.

        3.21     _________If the space to the left is initialled by the person signing this contract for the University, permission is granted for the use of the following types of (circle those applicable) cameras, sound recorders, broadcasting equipment. Describe type of equipment and any limitations which are to be applicable:
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________

        3.22     The User shall, by signing this contract, accept responsibility for additional charges which are payable immediately upon demand in accordance with University rules, rates and regulations for all additional goods and services provided. This includes, but is not limited to, repairs or replacement of damaged, defaced or stolen University property and equipment, extraordinary cleaning or logistics services, or the need for extraordinary intervention of University personnel (police, security, residence hall administrators), any of which are necessitated by inadequate supervision or improper conduct of User and/or its program participants. Extraordinary, for the purposes of this contract, shall mean going beyond what is usual, regular, customary, or specified herein and shall be applied at the sole discretion of the University.

        3.23     All Users must adhere to all fire and safety codes and regulations.

        3.24     Utilities installations, connections, extensions or adaptations shall not be made without the prior written approval of the University's Director of Facilities or designee.

        3.25     Light and switch panels, staging, electrical, electronic and public address systems shall not be operated without the prior written approval of the University's Director of Facilities or designee.

        3.26     Only those facilities specified for use in this agreement shall be used.

        3.27     Special restrictions (if any):

                   __________________________________________________________________________________

                   __________________________________________________________________________________

                   __________________________________________________________________________________

        3.28     The University may, without limitation on other uses, invoice the User for the cost of rekeying doors if keys are not returned. The University requires that all keys be returned to the University within 24 hours of User's completion of use of the facilities, unless a longer period of time is authorized, in writing, by the University.

        3.29     [Here add any other requirements or provisions unique to your University or each particular etc. facilities use situation].

 

(Rev. 01/00)

 

 

RIDER B

REQUIRED CLAUSES

Throughout this rider, Contractor shall mean User, and Commonwealth
shall mean the Commonwealth of Pennsylvania and the University.

 

DONATION OF EXCESS PREPARED FOOD PROVISION

        This paragraph is required by Commonwealth Management Directive 215.13 as may be most recently amended. The following is derived from MD 215.13, dated June 21, 1994.

        The Contractor agrees to make a good faith effort to donate to a nonprofit organization for ultimate free distribution to needy individuals any apparently wholesome food or grocery products apparently fit for human consumption which are not consumed at the Commonwealth function. A good faith effort includes, but is not limited to, contacting one or more of the entities appearing on the referral listing maintained by the Department of Agriculture. Contractor is hereby put on notice that liability will not attach if the contractor complies with 42 Pa. C.S. 8338.

AMERICANS WITH DISABILITIES ACT PROVISIONS

        This paragraph is required by Commonwealth Management Directive 215.12 as may be most recently amended. The following is derived from M.D. 215.12 Amended, Dated February 3, 1993.

        During the term of this contract, the Contractor agrees to the following:

        Pursuant to Federal regulations promulgated under authority of the Americans with Disabilities Act, 28 C.F.R. 35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this contract or from activities provided for under this contract. As a condition of accepting and executing this contract, Contractor agrees to comply with the "General Prohibitions Against Discrimination," 28 C.F.R. 35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act which are applicable to the benefits, services, programs and activities provided by the State System of Higher Education through contracts with outside contractors.

        The Contractor shall be responsible for and agrees to indemnify and hold harmless the Commonwealth of Pennsylvania, the State System of Higher Education, the University and their respective officers and employees from all losses, damages, expenses, claims, demands, suits and actions brought by any party against any of the foregoing as a result of Contractor's failure to comply with the provisions of the preceding paragraph.