Fees, Policies, and Procedures

Fees

Additional fees may apply for equipment use (including, but not limited to tables, chairs, AV and IT equipment, athletic equipment, scoreboards, performing arts equipment), and labor costs for any special set up, custodial or grounds work. Direct costs will be assessed for custodial services, grounds services, specialized technical support, and district Public Safety personnel as necessary per use of facility.

Policies and Procedures

Scheduling

Application and permit must be completed 45 days prior to the date of use.

Commission

A 10% commission on fees collected by the Permittee will be paid to the institution.

Deposit

A deposit of 50% of the estimated fees is required upon return of the signed contract.

Hold Harmless, Indemnity and Duty to Defend

The Permittee using San Mateo County Community College District (the “District”) facilities agrees to indemnify, hold harmless, and defend in accordance with Civil Code §2778, the District, its Board of Trustees, officers, agents, employees and representatives from all claims, lawsuits or actions of every name, kind and description, brought for, or on account of injuries to or death of any person, including user or any employee, agent or invitee of user, or damage to property including intangible property and to whomsoever belonging, where such injuries, death or damages occurred in, upon, or due to user’s use of the District’s premises or property provided that this indemnity obligation shall not apply to injuries for which the District has been found in a competent jurisdiction to be solely liable by reason of its own negligence.

Insurance

Permittee shall provide a Certificate of Liability Insurance with coverage to respond as primary coverage. The certificate holder is San Mateo County Community College District. San Mateo County Community College District, its officers, agents, servants and employees are named as additional insured. Unless otherwise amended by written agreement executed by the Executive Vice Chancellor of the District, Permittee shall procure and maintain the following coverage for the duration of this permit: Comprehensive General Liability insurance which provides for injuries including accidental death, per any one occurrence in an amount not less than $2,000,000 per occurrence and $4,000,000 annual aggregate; property damage insurance in an amount not less than $1,000,000 per occurrence; and automobile liability insurance in an amount not less than $1,000,000 including coverage for owned, non-owned and hired vehicles.

Property Damage

The Permittee is liable for the care and protection of District property and will be charged for any damages sustained to the premises, furniture, or equipment because of the occupancy of District premises by Permittee.

Availability of Facilities

This agreement shall be considered as a reasonable guarantee from the District to the Permittee that the facility will be available for use as specified. Should facilities be needed on an emergency basis for instruction or instruction-related purposes, the College reserves the right to reassign space or to cancel the contract up to forty-eight hours preceding the scheduled event. (Alternative space will be provided by campus).

Force Majeure

Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but not be limited to, Acts of God, labor disputes, civil disruptions, acts of war, epidemics, fire, electrical power or plumbing outages, earthquakes or other natural disasters.

Additional Conditions

In addition to the conditions listed above, this agreement shall be subject to all of the District’s rules and regulations, including, but not limited to, the regulations regarding the Community use and charges for the use of District facilities.

Cancellation

10% of the deposit, minimum of $20, is nonrefundable if the event is canceled by Permittee.

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