This Agreement is entered into by and between Alamo Community College District (“Alamo Colleges”), a public junior college district, and the ____________________ Independent School District (“Organization”), both political subdivisions of the State of Texas.
WHEREAS, Alamo Colleges is a public junior college district comprised of district services offices and five colleges, San Antonio College, St. Philip’s College, Palo Alto College, Northwest Vista College, and Northeast Lakeview College; and
WHEREAS, Alamo Colleges owns and operates the facility described at Exhibit A hereto, which is hereby incorporated for all purposes; and;
WHEREAS, Organization desires to utilize the Facility for a term of no more than one month (“Use”), upon the terms and conditions herein set forth; and
WHEREAS, Alamo Colleges shall grant the Organization the Use of the Facility upon the terms and conditions herein set forth;
NOW THEREFORE, in consideration of the mutual covenants herein set forth, and other good and valuable considerations, the parties hereto agree to the TERMS AND CONDITIONS stated herein as an Interlocal Agreement under Chapter 791 of the Texas Government Code.
TERMS AND CONDITIONS
PAYMENT. Organization agrees to pay Alamo Colleges a total scheduled Use fee in the amount set forth in Exhibit A, due and payable immediately upon execution of this Agreement, unless a reservation deposit is agreed therein. Payment shall be made and payable to “Alamo Colleges.” The total fee is comprised of components facility rental fee, custodial fee and, if applicable, Police Department security fee.
NON-REFUNDABLE DEPOSIT. The lesser of twenty-five percent (25%) of the total fee set forth in Exhibit A or the different deposit stated therein, unless waived therein, must be paid upon execution of this Agreement and is nonrefundable upon cancellation of scheduled Uses by Organization. Any amount paid, less the reservation deposit so calculated, shall be refundable provided that Alamo Colleges receives advance written notice of cancellation within the period set forth in Exhibit A.
RENTED FACILITY. Alamo Colleges agrees to rent the Alamo Colleges-owned Facility specified at Exhibit A to the Organization under the Terms and Conditions of this Agreement.
A description of the Facility authorized utilization, dates, times, and other information relating to utilization is set forth in detail in Exhibit A.
PARKING FACILITIES. Alamo Colleges shall make the existing parking facilities at the rented Facility available for the vehicular traffic and parking necessitated by the Organization’s Use of the rented Facility, on a non-exclusive basis, as specified at Exhibit A.
MAXIMUM CAPACITY. Organization anticipates approximately the number of participants stated at Exhibit A and agrees to inform Alamo Colleges of any significant changes five (5) business days in advance of a Use. Organization shall not admit a larger number of persons than can safely and freely move about the Facility. Alamo Colleges shall notify Organization of the recommended capacity of the Facility and all decisions of Alamo Colleges concerning questions arising under this Paragraph shall be final.
TERM AND TERMINATION. The Term of this Agreement is as stated in Exhibit A, unless earlier terminated. This Agreement may be terminated by either party hereto upon thirty (30) days written notice to the other party. Alamo Colleges reserves the right to cancel scheduled Uses for educational necessity or force majeure without liability by notice to Organization, in which case all amounts prepaid for cancelled Uses will be refunded. Any Alamo Colleges facility use by Organization after the expiration of the Term of this Agreement without execution of a new facility use agreement shall be subject to the terms and conditions of this Agreement and the standard facility use fees for the facility used then in effect.
WARRANTY AND REPRESENTATION. The Facility provided to Organization under the terms and conditions of this Agreement is provided “as is” without any warranty and/or representation whatsoever. Organization agrees to return the Facility to Alamo Colleges in substantially the same condition, normal wear and tear excepted, as it was at the beginning of the Term of this Agreement. Organization will be responsible for all damages to any Alamo Colleges property caused by Organization or caused by, relating to, or arising from Organization’s utilization of the Facility.
RELEASE OF LIABILITY OF ALAMO COLLEGES. Organization hereby releases Alamo Colleges from all liability arising under this Agreement or relating to the Facility or any Alamo Colleges properties, INCLUDING, BUT NOT LIMITED TO, LIABILITY RESULTING FROM ALAMO COLLEGES’ NEGLIGENCE, WHETHER CONTRIBUTORY, SOLE, OR JOINT, arising out of or related to this Agreement, with the sole exception of direct but not consequential contractual damages resulting from breach of this Agreement.
LIABILITY TO THIRD PARTIES AND RELEASE OF AFFILIATES. Organization and Alamo Colleges are each local governmental units of the State of Texas, and as such, shall be responsible to third parties for tort claims only to the extent permitted by the Texas Tort Claims Act, including, without limitation, Texas Civil Practice and Remedies Code Sections 101.023 and 101.051. The Parties HEREBY RELEASE their respective Board of Trustees, officers, employees, contractors, agents and assigns (“Protected Parties”) from any and all Claims arising under this Agreement, EVEN IF CAUSED, IN WHOLE OR IN PART, BY ANY ACT OR OMISSION, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY, OF ANY PROTECTED PARTY.
INSURANCE. Organization and Alamo Colleges shall be responsible for assessing their respective liability risks and other risks, determining the appropriate means and levels of insuring against same and obtaining appropriate insurance coverage. Organization agrees to cause Alamo Colleges to be an additional insured for the Event(s) under Organization’s liability insurance policies and to cause its insurers to waive subrogation in favor of Alamo Colleges to the extent permitted by such insurers and/or policies. If Organization does not carry insurance against a particular category of risk, it may self-insure its potential liabilities hereunder for that risk.
NO ASSIGNMENT. Organization shall not assign or transfer any of its rights under this Agreement without the prior written consent of Alamo Colleges. Organization herein is an independent contractor and not the agent or employee of Alamo Colleges.
SMOKING AND ALCOHOL RESTRICTIONS. By this Agreement, Alamo Colleges denies any rights other than expressly stated herein and specifically denies any right to Organization of possession or occupancy which would be in violation of Texas State Law, or the rules and/or policies of Alamo Colleges. Smoking, including vapor or e-cigarettes, is prohibited in all classrooms, laboratories, offices, conference rooms, hallways, and all other rooms in all buildings of the Alamo Colleges, and on all property which is owned, leased, rented, or otherwise under the control of Alamo Colleges. Dispensing and consumption of alcoholic beverages is prohibited on Alamo Colleges owned property.
RIGHT TO ENTER. In permitting the use of the Facility described herein, Alamo Colleges does not relinquish control or custody thereof and does hereby specifically retain the right to enforce any and all laws, rules and/or policies and procedures of Alamo Colleges applicable thereto. All portions of the Facility will at all times be under the charge and control of Alamo Colleges. Alamo Colleges’ agent or other authorized representative of Alamo Colleges may enter upon the Facility at all times to make inspections to ensure compliance with this Agreement.
FORCE MAJEURE. If performance of any obligation of either party hereunder is prevented or rendered infeasible by act of God, regulation of any public authority, civil disturbance, strike, epidemic, interruption of transportation services, war conditions or emergencies, or other similar event beyond the control of the obligated party, it is understood and agreed that there shall be no claim for damages against the obligated party for failure to perform the obligations that were so prevented or infeasible.
NOTICE. Any notices must be in writing under this Agreement and shall be delivered by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Alamo Colleges or Organization at the addresses stated in Exhibit A.
ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties with respect to the Facility. No representations, warranties, promises, guarantees, undertakings, or agreements, oral or written, express or implied, have been made by Alamo Colleges with respect to the Facility except as expressly stated herein.
AMENDMENTS. This Agreement can only be changed by an agreement in writing signed by both Alamo Colleges and Organization, except that Alamo Colleges may, by its own action, modify the rules for usage at any time with thirty (30) days prior written notice to Organization.
COMPLIANCE WITH LAWS. Organization shall comply with all laws, ordinances, regulations, rules and/or policies and procedures of Alamo Colleges, City of San Antonio, County of Bexar, State of Texas and the United States, that are applicable to the use of the Facility. Organization shall pay all taxes and/or fees, if any, imposed by laws in connection with its use and occupancy of the Facility.
VIOLATIONS. If at any time the utilization of the Facility by Organization violates any applicable ordinances, regulations, laws, rules and/or policies of Alamo Colleges, City of San Antonio, County of Bexar, State of Texas or the United States of America, Organization shall either cease and desist from continuing such Use or shall surrender the Facility forthwith upon written demand by Alamo Colleges and served upon Organization pursuant to Paragraph XIV herein.
ADVERTISING AND SELLING. No advertising or other items shall be placed or posted on walls or doors in or about the Facility without prior written permission of Alamo Colleges. Alamo Colleges’ name shall not be used to suggest co-sponsorship or endorsement of any activity, except with the prior written approval by Alamo Colleges. Solicitation of donations is prohibited. Organization shall not make audio or video recordings or televise or broadcast an event or any portion thereof without Alamo Colleges’ written permission provided at least three (3) days in advance.
DEFACEMENT AND DAMAGE. Organization shall not injure, mar or in any way deface the Facility and shall not cause or permit anything to be done whereby the Facility shall be in any manner injured, marred, or defaced. Organization will not drive or permit to be driven, nails, hooks, tacks, or screws into any part of the Facility and will not make or allow to be made any alterations of any kind therein. Organization is responsible for any costs related to repair of damages caused by or resulting from its usage.
ALAMO COLLEGES’ EQUIPMENT. Organization shall not use Alamo Colleges’ equipment, tools or furnishings, located in or about the Facility, without the prior written approval of Alamo Colleges.
ADDITIONAL USERS OR ALAMO COLLEGES’ STUDENTS STAFF AND STUDENTS. Organization acknowledges and agrees that, during the term of this Agreement, other events may take place at the Facility and/or Alamo Colleges’ staff and/or students may be present during the course of normal business hours in and/or around the Facility, including parking lots. Organization’s rights hereunder do not exclude such uses, and Organization shall conduct its activities so as not to interfere with same.
SECURITY. Organization shall be responsible for all costs associated with providing required security for periods of authorized Use as determined by Alamo Colleges, as follows:
All requests for security coverage for any use of the premises of any Alamo Colleges owned property, including, without limitation, Organization’s Use of the Facility, must be communicated to the office of the Chief of Police of the Alamo Colleges Police Department at (210) 485-0088.
The Alamo Colleges Police Department shall be the sole source for additional police/security coverage at all Alamo Colleges owned properties, other than as specified in subsection C, below.
If Alamo Colleges Police Department is unable to provide the necessary security, Organization shall secure security from another source. In no event shall a peace officer or security officer not employed by the Alamo Colleges Police Department be permitted to work any event at any Alamo Colleges owned property without the prior approval of the Alamo Colleges Police Department, Chief of Police.
INDEPENDENT CONTRACTOR. Organization and Alamo Colleges understand and agree that each performs tasks, the details of which the other does not have legal right to control and no such control is assumed by this Agreement. This Agreement does not create an employment relationship, partnership, or joint venture between Organization, its employees, and Alamo Colleges. Neither party nor its employees shall be deemed employees of the other for any purpose whatsoever, and neither shall be eligible to participate in any benefit program provided by the other. Nothing in this Agreement shall be construed to create any borrowed servant, joint employment or leased employee status.
IN WITNESS WHEREOF, the duly authorized representatives of the parties have set their signatures as shown below.
Should hospitality services provided by or through Alamo Colleges be agreed, then Organization will pay a hospitality deposit of $________ at least five (5) business days before the Event, and Alamo Colleges will send Organization a hospitality reconciliation, with any balance due payable on receipt.
4. DEPOSIT: Receipt acknowledged in the amount of $___________ ____ / Waived ___
Cancellation notice period required to forfeit only amount of deposit: _____ days before Event)
5. DESCRIPTION OF USE: _______________________________________________________________
6. ATTENDANCE: Organization anticipates approximately __________ (__) participants.
Notices to Alamo Colleges:
Notices to Organization:
8. INVOICES TO ORGANIZATION:
Street Address: _______________________________
City/State Zip: _______________________________
9. SET UP:
Tables and Chairs: Yes or No Number of Tables: _________ Number of Chairs: _________
Technical Support: Yes or No; If yes, describe: _____________________________________ ______________________________________________________________________________________
10. Other Requests/Requirements/Conditions/Exclusions: __________________________________________