Facility Rental

Addendum A

Introduction

Please also see BP 16-60 and SP 16-60.

The primary purpose of the facilities at Arapahoe Community College (ACC) is to carry out the educational mission of the College. As a public institution, ACC also seeks to reach out and be accessible to the larger community. ACC has the right to establish reasonable regulations regarding use of college property.

To the extent that space is available, ACC welcomes community groups and organizations to utilize the facilities for purposes compatible with the Colleges’ mission. Any group that uses ACC’s facilities is expected to conduct themselves in a peaceful manner and follow the policy as discussed below. Further, these gatherings shall not disrupt normal college functions, endanger the health or safety of any person present, or damage college property.

Scope

This policy applies to all ACC employees and students, as well as community members who seek use of the College facilities.

Facility Use

Academic usage shall have priority for use of ACC facilities (i.e., classrooms, laboratories, and other facilities which are being used for teaching and instructional programs) over non-academic use. Both kinds of use will be scheduled accordingly.

Individuals or groups must notify and coordinate activities on campus through the Facilities Department prior to arrival. Groups that do not provide notification may be asked to reschedule based on the college’s ability to safely support the event and schedule conflicts and priorities.
The individual or group must assume responsibility for compliance with all state and local laws and college policies and must sign the College’s facilities use agreement.

All non-College groups shall be charged the fees listed in Attachment A for use of facilities and must provide evidence of insurance coverage. The College, in conjunction with State Risk Management, determines appropriate rates of insurance coverage for the intended use.
Refusal of a reservation: Arapahoe Community College reserves the right to cancel an existing reservation and/or withhold reservations and use of Arapahoe Community College facilities or grounds by any outside group during an emergency situation affecting college operations, public health and safety, or other emergency as designated by the federal, state, county or municipal government. In these circumstances, alternate means of communication may be considered, if available. Facility Rental monitors and responds to requests to reserve space.

Location

Arapahoe Community College has standard multimedia projectors, sound systems and seating for large gatherings. ACC’s Waring Theatre can accommodate 226 people and our theater-style, third-floor lecture hall has seating for more than 100 people. We have a large, ground-level multi-purpose room (The Summit Room) for up to 400, as well as a fitness center complete. Even more, our expansive parking lots can be converted to host a variety of outdoor events and activities.

Certain areas are not conducive to all types of uses. The College may limit the areas available based on considerations such as disruption or safety and may reassign space if necessary. Space may also be reassigned if College activities so require. Users should contact the Facilities Department to discuss the intended use.

It should be noted that city streets and sidewalks are public forums; and they are available for assembly to all members of the public, as long as the assembly is in keeping with federal and state laws, and city ordinances.

The following streets and sidewalks adjacent to or running through the campus are examples of such public forums: Sumner St, College Dr., Church Ave., Curtice St., Nevada St., Prince St., and Alamo Ave.

Distribution

In order to protect the ACC mission and the safety of all staff, students, and invitees, participants in activities must abide by the following requirements:

Assembly and petitioning may not interfere with ACC Operations.

Persons may not block or otherwise interfere with the free flow of vehicular, bicycle or pedestrian traffic. The right of way of streets and sidewalks must be maintained.

Persons may not obstruct, disrupt, interrupt, or attempt to physically force the cancellation of any event or activity sponsored by ACC or by any users authorized to use College Property.

Persons shall not engage in unlawfully harassing, physically abusive, threatening, or intimidating conduct toward any person.

Persons shall comply with the directions of an ACC official acting in the performance of his or her duty.

Use of public address systems and amplified sound will not be permitted unless prior authorization has been obtained.

Persons on College property may be required to provide picture identification and evidence of qualification at ACC upon request.

Distribution of written material such as pamphlets, booklets, brochures are acceptable as long as the material is designed for informational (not commercial) purposes.

If you have any questions about distribution means or material please contact the Facilities Department.

The College retains the right to immediately suspend any activities and/or remove individuals from the College property if the activities interfere with the rights of others, disrupts the normal functions of the college, damage property, or endanger the health or safety of persons present on campus. Additionally, the college has the right to conduct disciplinary action and/or inform law enforcement if necessary.

Addendum B

1. Apply applicable Addenda indicated in contract page. 
2. ACC hereby agrees to permit User to utilize the facilities/equipment/services on the dates and times, for the activity and purposes, all as shown on the Agreement Cover Page attached hereto and incorporated herein by this reference, subject to the terms and conditions set forth herein. 
3. User agrees that the Facilities shall be used only for the purposes specified herein in a safe and proper manner, and that it will pay on demand for any damage to the Facilities caused by the misuse or negligence of User’s representatives, employees, agents, guests or invitees. User shall not use or permit the Facilities to be used for any purposes prohibited by the laws, ordinances, or regulations of the United States, the State of Colorado or other governmental entity with jurisdiction and shall not permit any nuisance at or within the Facilities. 
4. ACC makes no warranty concerning the suitability of the Facilities for User’s intended use of the Facilities. User shall be solely responsible for taking all reasonable precautions and preparations and providing all appropriate safety accommodations for users of the Facilities, except that User shall make no alterations or modifications to the Facilities without ACC’s prior written approval. 
5. The User shall indemnify, save and hold harmless ACC, its employees, agents and governing Board, against any and all claims, damages, liability and court awards, including cost, expenses and attorney fees, incurred as a result of any act or omission by the User, or its employees, agents, subcontractors or assignees pursuant to the terms of this Agreement. 
6. User may not assign or in any way transfer its rights under this Agreement to any other parties. Nothing in this Agreement shall imply any partnership, joint venture, or other association between ACC and the User. The User shall have sole responsibility for the content and the conduct of its activities on the ACC campus. ACC's name shall not be used to suggest co-sponsorship or endorsement of any activity. 
7. Nothing in this Use Agreement shall be interpreted to create any leasehold interest in the Facilities or any rights beyond those specifically granted under this Agreement. 
8. The User, its representatives and employees, shall comply with all rules, regulations, and/or laws prescribed by ACC for use of facilities, equipment, or services of ACC and with all applicable governmental rules, laws, ordinances and regulations and shall not permit a nuisance at or within the Facilities. 
9. The User agrees to comply with all reasonable requests and regulations provided by ACC officers and/or representatives regarding health and safety considerations. All state and local laws and ordinances, as well as ACC regulations concerning health, safety and public order, which are applicable to the use and occupancy of ACC facilities shall be observed by User, its officers, agents, employees, guests, patrons or invitees. 
10. Facilities occupied by User shall, at all times, be under the control of ACC, and all personnel from ACC shall have the right to enter said facilities on official ACC matters at any time when so deemed necessary. Protection of personal property is the responsibility of the customer and not ACC. 
11. User understands that alcoholic beverages may not be used, sold or distributed in or at the Facilities at any time. 
12. All general meeting rooms, hallways, rest rooms and other public areas included within the Facilities are considered to be non-smoking areas unless they are specifically marked as a “designated smoking area”. 
13. Failure to pay User’s Pro-Rata Costs or any other amounts payable under the terms of this Agreement within fifteen days of the date when due shall constitute breach of Use Agreement by User. 
14. Failure to perform or keep any of the terms, covenants or conditions of this Use Agreement shall constitute breach of Use Agreement by User. 
15. In the event of an occurrence of default as set forth above, ACC shall have the right to terminate this Use Agreement by giving User written notice of such termination. After termination, User shall have no further right to enter or use the Facilities. ACC shall be entitled to recover from User the amount of unpaid costs or fees due at the time of termination. 
16. This agreement, including all exhibits, supersedes any and all prior written or oral agreements, and there are no covenants or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever unless incorporated herein in writing. No novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless in writing and signed by all parties hereto. 
17. If any provision of this Agreement shall be determined to be invalid, illegal or without force by a court of law or rendered so by legislative act, then the remaining provisions of this Agreement shall remain in full force and effect. 
18. Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, 24-10-101, et.seq., C.R.S., as now or hereafter amended. The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24-10-101, et.seq., C.R.S., as now or hereafter amended and 24-30-1501, et. seq., C.R.S., as now or hereafter amended. Any provision of this Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of ACC to the above-cited laws. 

Addendum C

1. ACC is a tobacco and smoke free campus. The use of cigarettes, vaping, smoking devices, tobacco products and cannabis is prohibited in all campus buildings and on campus grounds.
2. Parking lots are permit parking only. Parking lots also have restricted areas indicated by signage that needs to be adhered to. Depending on the size of your event, parking permits may be required, please verify with Facility Rental prior to parking in controlled parking areas. Please note that street parking is regulated by the City of Littleton.
3. Notify the Facilities Rental Manager of cancellation no less than seven calendar days before the scheduled date to receive a refund of the rental fee less $100; otherwise the client will forfeit the total rental fee.
4. Accept responsibility for payment of regular charges, damages and/or additional cleanup charges that could occur in the use of ACC facilities. After the event the facility will be inspected and any additional fees will be billed to the client.
5. Ensure that all advertising of the event identifies the individual or sponsor in charge. Renter is the sole sponsor of the event and all advertising must include this statement “Arapahoe Community College is not involved in sponsorship or endorsement of the event.”
6. Abide by Municipal, State, Federal Laws, South Metro Fire Rescue Plan Review & Permitting, and ACC Policies and Regulations.
7. Provide additional security measures if requested by ACC.
8. Actual pricing and cost is contract specific.
9. It is the applicant’s responsibility to advise the Facilities Rental Manager of any physical access accommodations that persons with disabilities will need to attend the applicant’s event. Any specific requests for accommodations must be made at least 5 business days in advance of the applicant’s event. Please note that the applicant is responsible for providing accommodations to the program. (i.e. interpreter, alternate format of materials.)
10. As a State of Colorado Community College, ACC makes its facilities available for use by area organizations as much as possible when not in use for classes or other scheduled College activities. This information has been designed to answer some commonly asked questions; and to give you some general rules and regulations regarding facility usage at the College. Fees and policies are subject to change without notice, should you have any questions or concerns after reading the brochure, please contact the Facility Rental Department.
11. If ACC has requested the user to provide a permit for the event, they must complete the South Metro Fire Rescue Plan Review and Permitting process as outlined in Addendum F.

Addendum D

Prior to Vendor entering the Property, Vendors shall obtain and maintain insurance in full force and effect as specified in this section at all times during the term of this Agreement.  All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the State of Colorado.

Vendor shall obtain and provide the following insurance documents:

1. Commercial General Liability Insurance written on ISO occurrence form or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
   1. $1,000,000 each occurrence;
   2. $1,000,000 general aggregate;
   3. $1,000,000 products and completed operations aggregate; and
   4. $50,000 any one fire if not covered under general aggregate or if fire coverage if less under general aggregate.
2. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. If applicable.
   
   The State of Colorado, Department of Higher Education, State Board for Community Colleges and Occupational Education for the use and benefit of Arapahoe Community College (ACC) shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies. Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.
    
   1. The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to ACC by certified mail.
   2. The customer will require all insurance policies in any way related to the contract and secured and maintained by the customer to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.
   3. All policies evidencing the insurance coverage’s required hereunder shall be issued by insurance companies satisfactory to ACC.
   4. The contractor shall provide certificates showing insurance coverage required by the contract to ACC within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver ACC certificates of insurance evidencing renewals thereof. At any time during the term of the contract, ACC may request in writing, and the contractor shall thereupon within 10 days supply to ACC, evidence satisfactory to ACC of compliance with the provisions of this section.

Addendum E

Agreement

• The applicant, in signing this agreement, agrees to adhere to all rules, policies, and regulations of Arapahoe Community College with respect to the proper care of the facilities and equipment used.
• There will be no overnight parking or camping at ACC. 
• The Applicant will leave the site in the condition and configuration it was found in. 
• All additional charges will be billed to Applicant after the event.
  If the box is checked these additional requirements must be met:
• If ACC has requested the user to complete the South Metro Fire Rescue Plan Review and Permitting process, they must comply with the procedures outlined in Addendum F.
• The Applicant will provide portable restroom(s) and hand washing station(s).
• The Applicant will remove all trash and dispose of it off-campus.

Addendum F

If the box is checked Then Arapahoe Community College has requested the client to work with South Metro Fire Department regarding permit requirements for their event. The applicant must complete the South Metro Fire Rescue Plan Review and Permitting process as outlined below:

• The applicant, in signing this agreement, agrees to adhere to all rules, policies, and regulations of Arapahoe Community College and South Metro Fire Rescue - Plan Review and Permitting regulations.
• The applicant will complete the Electronic Plan Review & Permitting Instructions outlined below the signature line.
• The applicant will submit a copy of the documents submitted to South Metro Fire with the following stamp: approved, denied, or no permit required to Arapahoe Community College as evidence of successful completion of Addendum F.
• Arapahoe Community College and South Metro Fire Rescue have the right to close down an event early for failure to comply with the permitting process without issuing a refund