FACILITY USE LICENSE AGREEMENT (FULA)
COUNTY GOVERNMENT FACILITIES
RECITALS
R-3.
This Agreement governs the terms and conditions under
which CUPF will schedule community the use of the facility.
R-4.
The term “User” means the person or entity to whom
a reservation for the use of the facility has been issued
and all invitees of that
person or entity and any persons using the facility during the time that the
reservation is in effect.
R-5.
The term “County” includes
the County’s boards,
agencies, officials, agents, and employees.
AGREEMENT
The User agrees to the following:
1.
The User must apply for and obtain a reservation
for the use of the facility and may
use the facility only during
the time period stated on the
reservation.
2.
The User must pay the
appropriate fees, as set forth in the current fee schedule and payment terms,
including any security deposit, in full with the Reservation Request when
required. The County may waive the
security deposit requirement for entities covered by the Federal Tort Claims
Act. Payment by money order or certified check may be required for events less
than three weeks away from time of Reservation Request or past submission of
non-transactional checks. Checks, money
orders and MasterCard, Visa or payments from other major credit cards are
accepted. The current Community Use of Public Facilities Fee Schedule is
available online at www.montgomerycountymd.gov/cupf and
at CUPF’s offices in Wheaton and Silver Spring.
3.
CUPF will assess
a late penalty on all amounts overdue
in excess of 30 calendar
days as specified in its policy
on late fees.
4.
Failure to make
a payment by the required
date constitutes a cancellation and is subject
to the applicable cancellation
policy.
5.
The User must arrange for
additional security coverage if deemed necessary by CUPF. The User will be
responsible for making all security
arrangements where additional security will be provided by police
officers of the Montgomery
County Police Department.
6.
The User will abide by all
Montgomery County noise ordinances. See Noise Control -
Montgomery County Department of Environmental Protection (montgomerycountymd.gov).
7.
Inclement weather credits for
use will be issued only if Montgomery County Government closes the facility. For verification, check
CUPF’s website at www.MontgomeryCountyMD.gov/cupf, www.cupfmontgomerycountymd.blogspot.com, or call MC311.
8.
The User must:
A.
Comply with all directions and conditions given by CUPF
and the County;
B.
Ensure that the activity
conforms to the use described in the Application;
C.
Remain at the site during the Activity and possess the CUPF reservation approval document during the Activity;
D.
Adequately supervise
and maintain orderly
conduct among the persons attending the Activity covered
by the reservation;
E.
Obtain and pay for any necessary licenses and permits,
including licenses and permits required to distribute food, serve alcohol, sell goods,
conduct fundraisers, sponsor
a performance or other large public gathering. The User is liable for any applicable taxes, fees, and similar costs related to obtaining
theses permits. User is responsible for ensuring that any company or service
providers in their employ such as caterer, event supplier, or
photographer/videographer are in compliance with state and local laws and
regulations;
F.
Comply with all applicable
federal, state, and local laws, rules, regulations, and guidelines. This
includes compliance with all applicable federal, state, and local
nondiscrimination laws, including
Title VII of the 1964 Civil Rights
Act and the Americans with Disabilities Act of 1990. The User must keep the program
or activity open to the public as required by State law, and must not discriminate on the basis of race, color,
creed, religion, ancestry, national origin, age, sex, marital status,
disability, or sexual orientation.
9.
Use Requirements/Restrictions.
A.
The Activity must not:
1.
Present a clear and present danger
to public safety
or to the peace and welfare of the community, the county and/or the state;
2.
Present a danger of damage to public or private property;
3.
Constitute a public nuisance
or create a traffic hazard;
4.
Provoke or add to a public
riot or breach of peace.
B. The following
are prohibited at all times:
1. Smoking on premises;
2. Food
and drink, except when a written exception is obtained from the County;
3. Equipment or performances that are risky,
including, for example,
a high wire act, “dare-devil” stunts, and the use of tall platforms;
4. Weapons/firearms/ammunition or use of controlled substances;
5. Excessive noise, public disruption, or activity that may do harm;
6. Personal
or private celebrations (including birthday or anniversary celebrations,
funerals, wedding receptions, and other similar activities) except at the
Silver Spring Civic Building and Veterans Plaza or when a written exception is
obtained from the County;
7. Unpermitted
alcoholic beverages of any kind unless a written exception is granted by the
Chief Administrative Officer. If an exception is granted, it is the
responsibility of the User to:
a. notify
the CUPF and;
b. contact
the Montgomery County Department of Alcohol Beverage Service (ABS) to apply for
a One-Day Special License.
c. If
ABS issues a license, the User must provide written documentation of such to
CUPF;
8. Use of alcohol outside
the approved designated area(s);
9. Gambling,-bingo, lotteries, and other games of chance except as permitted
by state law with appropriate permits and/or licenses;
10. Animals except
for service animals,
without permission;
11. Cooking on premises;
12. Use of fog machines or other similar equipment;
C.
User is responsible for obtaining necessary permits, where applicable, from the Montgomery County Department of
Fire and Rescue Service.
D.
Music is not allowed in any of
the rooms without advanced written permission.
E.
User must supply any equipment such
as projectors, laptops, microphones, etc.
F.
Users conducting activities on
athletic fields agree to the following:
1.
Proper
athletic footwear must be worn at all times;
2.
Goals
are not guaranteed;
3.
Tents, canopies, or other
similar equipment is not allowed;
4.
Adult tournament play is
prohibited;
5.
Use of Natural Grass fields is
prohibited if:
a.
One-half inch or more of rain
has fallen within the previous 24 hours;
b.
Water is standing on the field;
c.
Soil is frozen;
d.
Turf and mud can be displaced or
dislodged from the ground;
e.
Ground cakes or clings to shoes;
f.
Lightning is visible and/or
steady rain is falling, or
g.
Bare areas are muddy;
h.
Use is conducted December 1
through March 14.
G.
Users conducting activities on
natural grass areas other than athletic fields agree to the following:
1.
Tents, canopies, or other similar
equipment is not allowed except when a written exception is obtained from the
County;
2.
Use of natural grass areas is
prohibited if:
a.
One-half inch or more of rain
has fallen within the previous 24 hours;
b.
Water is standing on the grass;
c.
Soil is frozen;
d.
Turf and mud can be displaced or
dislodged from the ground;
e.
Ground cakes or clings to shoes;
f.
Lightning is visible and/or
steady rain is falling, or
g.
Bare areas are muddy;
H.
Health and Safety: The User must provide at their own expense:
1.
Security using off-duty Montgomery County police officers
where required by CUPF. The
number hired must meet or exceed the requirements of the CUPF reservation;
2.
Provide a minimum of one
portable bathroom per 100 attendees, up to a maximum of 5 where required by CUPF. At least one unit must be handicapped accessible. Units must be placed
only in designated areas and removed
within 24 hours of the conclusion of the event;
3.
Adequate supervision of participants.
10. Posting and Distribution of Signs and Advertisements:
A.
The User may only place
temporary signs on facility grounds during the actual hours of the scheduled
Activity, except where approval has been specifically granted by the County. At the conclusion of the use of the facility, the User must immediately remove the
signs.
B.
The User, and any person acting under the User’s authority, must comply with all applicable sign laws, including laws regarding the placement of
signs upon utility poles, trees, fences or on municipal, county or state
rights-of- way.
C.
The User must clearly
identify on all advertising materials the name of the User, the name of
any individual or User
sponsoring the use, and the purpose of the use. A User may not use initials,
abbreviations or logos which are not expressly
defined in the advertising material.
The purpose of the use must
be clearly stated and must conform to the purpose identified in the application
for the use reservation. All
announcements and advertisements must include the following statement: This activity is not sponsored by,
associated with, or endorsed by Montgomery County Government.
11. Certification Regarding Activities Involving Minors. This section applies
only to Activities involving minors (under 18 years of age).
A.
The User certifies no one
who will have any contact with minors during the
Activity has ever been convicted
of or pleaded (1) guilty, (2)
“no contest” or (3) nolo contendere to a felony (whether or not resulting in a
conviction).
B.
The User certifies no one who will have any contact with minors during
the Activity has ever been convicted of or
pleaded (1) guilty, (2) “no contest” or (3) nolo contendere to a misdemeanor involving sexual misconduct (whether or not resulting in a conviction).
C.
The User must provide
an adequate number of chaperones for youth oriented
programs.
12. Restoration of Property.
The User must restore the facility to its prior condition upon completion of
its use and prevent the waste or deterioration of the
facility. Failure to restore property
to the prior condition will result in the
loss of the security deposit or other fines.
13. Inspection and Investigation.
The User must permit the County to inspect the facility at any time to ensure
compliance with this Agreement. CUPF may examine
the User’s records
to determine and verify compliance with this
Agreement and to resolve or decide any claim or dispute arising under this Agreement.
The User must cooperate with any investigation by CUPF.
14. Termination/Modification.
CUPF may deny the requested use, unilaterally terminate or modify this
Agreement, and/or preclude (temporarily or permanently) User from
future use of one or more
facilities, upon written
notice to the User, for any of the following
reasons:
A.
User, or any person
acting under the User’s authority, misused, damaged, or destroyed
County property or failed to leave the facility as clean as it was
before the Activity.
B.
User or any Person acting under the User’s
authority provided false or
misleading information to CUPF, including false or misleading information
about the User or the proposed use.
C.
CUPF assessed damages against
the User or any Person acting under the User’s
authority.
D. CUPF deems the use inappropriate for the facility, inconsistent with the size, location, and available services at the
facility, or inconsistent with public health, safety, or welfare standards.
E.
User or any Person acting under the User’s authority
failed to fully complete or comply with the Agreement or a previous Agreement, including non-payment by virtue of a returned
check or failure
to make scheduled payments.
F.
Termination is effective 10 calendar days after the notice is issued, unless
a different time is given
in the notice. The County is not responsible for User’s losses as a
result of termination or modification under this section, excepting a refund of
any fees User paid to CUPF for the use of the facility.
15. Refunds/Cancellations.
CUPF will refund fees paid by the User to CUPF to reserve the use of the
facility in accordance with its cancellation policy but only if the User
completes a Cancellation/Adjustment request and submits the request to CUPF by the date set by CUPF. The User must pay
CUPF the cancellation fee set forth in the fee schedule for each facility. In
the event of cancellation by CUPF, the User’s account will be credited in full.
CUPF is not responsible for advertising, food, or any other costs associated with an activity
when facilities are closed due to
inclement weather or other emergency.
16. Accidents or Damage.
A.
Notice of Accidents or Damage. User must
give the County
prompt written notice of any accidents
or injury upon, or damage to, the facility.
B.
Responsibility for Accidents or Damage. User is financially responsible for any loss, personal
injury, death, or any
other damage (including incidental and consequential) arising from the exercise
by it, or any person acting under the User’s authority, of the right of access
under this Agreement or arising out of a breach of this Agreement by User. The
County will determine the dollar amount in the case of property damage to the
facility and will charge the User accordingly. User must reimburse the County for any damage
to the facility within 30 calendar days after
notice from the County.
17. Indemnification.
User and its agents agree to indemnify, defend, and hold harmless the County
from any loss, injury, liability,
damage, claim, lien, cost or expense, including reasonable attorneys’ fees and
costs, arising from the use of the facility by the User, any person acting
under the User’s authority, or by any person in the facility as a participant
or potential participant in any activity the User conducts
in the facility or arising
out of a breach of this
Agreement by the User. The User’s foregoing responsibility to
indemnify and hold harmless the County extends to any incidents resulting from the
failure to use caution near architectural structures such as a raised
stage or stairs. This agreement to indemnify and hold harmless the County
will survive expiration and termination of this Agreement. User need not indemnify, defend, or hold harmless the County for any loss, cost, damage, claim, or other expense arising out of the County’s sole
negligence or intentional misconduct. User
need not indemnify, defend, or hold harmless the County for any loss, cost,
damage, claim, or other expense arising out of the County’s sole negligence or
intentional misconduct if the user is covered by the Federal Tort Claims Act.
18. Insurance. The County reserves
the right, in its sole discretion, to require the User to maintain insurance, as specified below, or
an amount determined by the County’s Division of Risk Management sufficient to
indemnify, defend and hold the County harmless as required above, with an
insurance company licensed to do business in Maryland.
A.
The User must maintain a policy of commercial
general liability insurance with limits of at least
$300,000 for each occurrence
and an aggregate amount of $300,000;
B.
If alcohol of any kind is served, the User (and the event
planner) must also maintain a policy of liquor liability insurance with limits of at
least $300,000 per occurrence;
C.
Policies must list Montgomery County as an additional named insured;
D.
The User must provide
CUPF with a copy of the certificate of insurance within 10 calendar days following
submission of the completed Application;
E.
The insurance certificate must show at least a thirty days’ notice to the County
for cancellation or
modification;
F.
Nothing in this Agreement may be construed
to create any rights or claims in any third parties.
G.
The County agrees
to waive these provisions for use of the building by entities covered by the
Federal Tort Claims Act.
19. Release. User releases the County from all claims and demands of any kind which User has had, claims to have had, or might subsequently accrue to the User arising from the use of the facility by the User, or any person acting with the User’s knowledge or consent or arising out of a breach of this Agreement by the User. The County accepts no responsibility for any equipment or materials left at the facility by the User. The release does not include any claim arising out of the County’s intentional misconduct.
20. Other Provisions.
- Modification
and Waiver. Any amendment of this Agreement must be in writing,
approved by the parties. A party wishing to waive any rights under this
Agreement must do so expressly in writing. A waiver will be narrowly construed so as
not to waive any
other rights or
any other instance to which that right might
apply.
- Severability. Whenever possible, each provision of this Agreement must be interpreted in such a manner as to be valid under applicable law. But if
any provision of this Agreement is deemed invalid, that provision must be
severed, and the remaining provisions must otherwise remain in full force
and effect.
- Entire Agreement. This Agreement constitutes the entire agreement between the Parties. All terms and
conditions contained in any
other writings previously executed by the Parties and all prior and contemporaneous arrangements and understandings between the Parties are
superseded by this
Agreement. No agreements, statements, or promises about the subject matter
of this Agreement are binding or valid unless they are contained in this
Agreement.
- Applicable
Law. This Agreement shall be governed by, and construed and enforced
in accordance with, the laws of the State of Maryland without regard to
its conflict of law principles. For purposes of litigation involving this
contract, exclusive venue and jurisdiction must be
in the Circuit Court for Montgomery County, Maryland or in
the District Court of Maryland for Montgomery County.
- Headings and Construction. Descriptive headings are inserted
only for convenience and do not affect the meaning of any provision. Where
the context requires, the singular must be construed as the plural and
neuter pronouns must be construed as masculine and feminine pronouns and
vice versa. This Agreement must be construed according to its fair meaning
and any rule of construction to the effect that ambiguities are to be
resolved against the drafting party must not apply in the interpretation
of this Agreement.
- No Agency. This Agreement does not make either one of the
Parties, its officers, employees or agents, an officer,
employee or agent of the other Party
- No
Partnership, Third Parties. This Agreement does not create any
partnership, joint venture or other arrangement between the Parties. This Agreement is
not for the benefit of any non-party, and no third party has any right or cause of action under
this Agreement.
- Warranty of
Authority. The persons executing this Agreement warrant that they are authorized by
the respective party
whom they represent to execute this Agreement.
- Effective Date. This Agreement is
effective when all parties approve the
Agreement in writing.
- Transfer. The
User must not
transfer this Agreement by assignment, sublease, or otherwise without the express
written consent of CUPF.
- Incorporation of
Documents and Recitals. The recitals and
any exhibits are
incorporated by reference and made a part of this Agreement.
- User submitting a facility use
request and responsible for the activities of the group must be at least
18 years of age.