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HomeMy WebLinkAboutContracts & Agreements_72-2017 U N I V E R 5 i T Y O IF Redlands Event Services 1200 East Colton Ave nue,Red lands, CA 92373 Conference Agreement Contract Date.Thursday, March 30,2017 Organization- Cityof Redlands/RESA Chris Mead (909)556 6509 cmead@red land spolice org Conference. Redlands Emergency Services Academy Conference Start Date,Wednesday,July 12,2017 End Date- Wednesday,July 19,2017 Arrival Time- 9 00am Departure Time-7.00pm First Meal Dinner,7/12/17 Last Meal- Breakfast, 7/19/17 Estimated Numberof Participants 30 1. PREAMBLE. This is a letter of contract,hereinafter referred to as "Agreement," byand between the UniversityofRedlands, hereinafter referred to as "University"andCityof Redlands/RESA hereinafter referred to as"User" II RESERVATIONS. The University of Redlands wi I I reserve only the number of sleeping rooms,meeting rooms,and meal pl an reservations as outlined in this Agreement Should additional meeting rooms,sleeping rooms or meal plans be requested, the User must submitto the University,a written request for the adjustment. Requests for additional rooms will be accommodated on a space available basis The University wi I I make every effort to accommodate the User's request for additional rooms and will issueanaddendumtothis Agreement if rooms areavailable Deposits,minimum revenue requirements,and other procedures will applytotheadjusted reservation numbers All sleeping room accommodations,meeting room accommodations and meal plans as outlined in this contract are being held for User on a fi rst-option basis for the exclusive useof the User These arrangements will beheld for fifteen (15) business days from today's contract date of March 30,2017 atwhich time a counter-signature on this contract and the depositas outlined inSection-V FINANCIAL; 5 Deposit, are required to secure all arrangements on definite basis Should another organization requestthese dates and be in a position to confirm immediately,the User will beadvised and given fifteen (15)business daysto reserveon a confirmed basis If the counter-signed contra ct i s not recei ved within the timeframe allotted,all arrangements will be automati ca I ly released All changes to the program meeting space and equipment needs will be handled via a contractaddendumand will be considered apart of and adheringto all terms of this Agreement Page 1 of 12 Initial Page- a Housing Double occupancy rooms,asoutlinedbelow are currently reserved for the UserinEast Hall The University reserves the right to cha nge bui I ding and/or space assignments as necess a ry for University bus iness RATES Dailyrateis$33 00 per person,per night The Universityof Redlands agrees to underwrite the expense for housing forth 2017 program f I 7/12/17 7/13/17 7/14/17 7/15/17 7/16/17 7/17/17 7/18/17 Total DoubleOccupancy30 30 30 30 30 30 30 210 Total $6,93000 Si ngl a occupa ncy rooms are deft ned as 1 person staying in an assigned room,no matter the location,or number of beds available intheroom Double occupancy rooms are defined as 2 persons staying in an assigned room no matter the location or number of beds available in the room The University does not offer a Tri pleoccupancy rate Should User wish to place3 people in rooms that havethat capacity,User will becharged the Double occupancy rate for each guest 3 n the room Linens Linens are not included as a partof this conference i Check in and Check out Check in is currently scheduled between 8 00am-10 00am at East Hall Checkout is currently scheduled between 5 00pm—7 00pm at East Hall Exceptions to the check-in and checkout times and locations must be a pproved in adva nce by the Director of Event Services ii RoominEList AFINAL roaming listof all conference participants mustbesubmittedto Event Services by July 2,2017,and may NOT be reduced after itis received The FINAL rooming listwilI includethe following 1 Each partici pant'sfirstandlast names 2 Each participant's arrival and departure dates 3 Each participant's room assignments The University will provide hall charts and diagrams for the User to make room assignments Room changes are handled bythe User's conference registrar,event planner,or representative a nd must be reported to the Event Services Department Al I rooming lists must be legible and!ncl ude participants first and last names Additions and room changes tothe FINAL rooming I ist may occur without penalty atthe discretion of the University of Redlands The University may,in its sole discretion,reassign any participant within the residence halls to a room of equal or greater value The User wi II not be charged for any room assignment initiated by the University unless itis due to participant behavior as defined in Section VI GENERAL, 10 Reeulations ui SafetvReouirements To meet fire codes and ensure personal safety,room capacities mthe residence haIIs shall be I Emited to no more than two (2)persons per established sleeping room,unless otherwise designated on floor plans provided by the University Under no circumstances may attendees sleep on the floor of any dorm room or apartment iv Riahtof Entry The University reserves the nghtto enter any lodging provided to the User pursuantto this Agreement to i ns pectthe premises for the purposes of maintaining health and safety,for reasonable maintenanceinspection for repair,or in any situation deemed bythe Universitytobe an emergency Under no circumstances shall the University enter a room for any reason other than health,safety, maintenance and repair,emergency, or compliancewith University policies without prior notification to the User Page 2 of 12 Initial Pag v After hours Ho usineServices Any questions or services required during the hours of 30a m to 11 OOp m will be handled by Event Services at909 748 8116 From 11 OOp m to 7 30a m, all callsfor assistance should be made to Public Safety at 909-748-8888 All campus phones are for local calls only All other caIIsshouId be made using the participants'personal cell phoneorother personal communication tools III MEETING FACILITIES The University wiIIprovide thefollowing meeting faciIities Date Time Space Cost 7/12/17-7/19/17 8 00am-10 OOpm 1 class room TBD $80000 7/19/17 5 00pm—10 00pm Orton Center $2,00000 Total $2,80000 Total Anticipated Facility Rental Fees $2,800 00- University of Redlands agrees to underwritethe facility rent@]fees for 2017 User will submit room set-up specifications and/or diagrams of @I I needed faci I ity set-ups byluly2,2017 The University reserves the rightto move functions into comparable and adequate rooms other than those outlined above Although every effort will be made to avoid moving@ group,and every effort will be made to contact the User in advance, the University reserves the right to move the group without advance notification or approval fromthe User group The University of Redlands reserves the rightto make the fi nal decision concerning the s uita bi lity of hol di ng a function outdoors or rel ocati ng to an i ndoor s pa ce,due to i ncl ement weather(i ncl udi ng excessive heat a nd/or poor a i r quality), construction or other unforeseen circumstances In the event a function is moved the University agrees to provide adequate notice(whenever possible),di rection,and assistance IV DINING SERVICES The University has a contractwith Bon Appetit Management Company for all food and beverage services on campus No external food or beverages maybe brought on campus a Standard Meals Prices below reflect the standard meal package in our Dining Commons Bon Appetit needs a guarantee of 50 guests to open the Dining Commons if your group is below 50 guests there maybe a surcharge on each meal As urcha rge wi I I be determined based on your guest numbers,along with other conference groups eating dun ngyour stay Please contactthe Director of Event Services for more information on possi ble surcharges Should your group wish to hold a catered event, menus and pncingforthoseactivities will be provided by Bon App6tit Management Company b DinineHours Breakfast 7-8 30am Lunch 11 30am—lpm Dinner 5—6 30pm c Preliminary Meals Ordered User has ordered the following meals Day/Date Breakfast Lunch Dinner Bon Appetit Rates $900 $11 25 $1125 Weds,7/12 0 0 30 Thurs,7/13 30 0 30 Fri,7/14 30 0 30 Sat,7/15 30 0 30 i Sun,7/16 30 0 30 Mon,7/17 30 0 30 Tues,7/18 30 0 30 Weds,7/19 30 0 0 Total Counts 210 0 210 Total Cost $1,89000 $000 $2,362 50 $4,252 50 Page 3 of 12 Initial Page User will submit a FINAL guarantee for all standard meals in writing to Event Services by July 2,2017 Should your numbers increase after the guarantee has been given,contact Event Services to update Numbers for meal cards may not be reduced once this I i st is received for any reason including i Attendees do not show up si Additional meal events (catered or standard meal plans)are ordered which change the number of actual pa rti ci pa nts in either a stand a rd mea I plan or a catered event by the FINAL guarantee date I is ted above Meals cards wsllbesupplied by the University to the User These cards are computer programmed for the dates and mea Is out[in ed in the User contract If a mea I card is I ost,Event Services must be notified immedi a tely to cancel the card and have anew card issued DCB cards maybe issuedatthe User's request DCB cards arelikedebitcards They haveaspecificvalue associated with the card The Userwill only be charged forthe valueof the food charged to that card Ifyou wish to order DCB cards,please notify Event Services of the number of cards ordered and the do]Iarvalueto be placed on each card d Catered Meals Services forcatered events arealsohandled through Bon Appetit Management Company The University does not accept responsibility for catering arrangements User will be responsible for working directly with Bon Appetit Catering on a I1 the deta i l s of the meal service,including the User's financial obligation for the event It is the responsibility of the User to notify the University as to which meals wil I be provided in the Commons and which meals will be handled through a private catered event Under no circumstances will the University accept responsibility for miscommunication or overlap of guaranteed numbers as they relateto meal cards and/or catered events User accepts all responsibility for guaranteed numbers given for either meal cards or catered events V FINANCIALS a Initial Proiection The initial projection forthe User group is Sleeping rooms-$6,930 00,as outlined in Section 11 RESERVATIONS, a Housine Facility Rentals—$2,800 00,as outlined in Section III MEETING FACILITIES Meal plans-$4,252.50,as outlined in Section IV DINING SERVICES, c Preliminary Meals Ordered Sub Total -$13,982 50 The University of Redlands will underwrite the cost of housing and facilities fees for this program equal to $9,73000 *Bon Appetit has agreed to underwrite the cost of breakfast each day, only if the kitchen is already open with other paying groups,as already confirmed for 2017=$1,890 00 RESA Program will be responsible forthe cost of dinners,linens(if needed),and any additional expenses= $2,362 50(estimate) b MlnimumRevenue Reauirement User will be bil led a Minimum Revenue Requirement which is determined by addingthe total dol[arvalueofthe rooms reserved in Section II RESERVATIONS, a Housing, the meal plans reserved i n Section IV DINING SERVICES, c Preliminary Meals Ordered and the facilities reserved i n Section III MEETING FACILITIES which equals the Minimum Initial Projection, and multi pl yi ng this figure by 75%whi ch equals $1,771.88 User understands andfullyaccepts the Minimum Revenue Requirement dueto the University no matter theactual number of attendees Final invoices will becalculated based on the criteria detailed below,and will bewhichever is greatest of the following i The Minimum Revenue Guarantee(if less than 75%of your commitment is reached),plus Additional Charges as outlined in Section V FIN ANCIAL,c Additional Cha rees Under no circumstances with the User be charged less the Minimum Revenue Requirement ii The FINAL rooming list,FINALmeal service requestand FINALfacility rental total if greaterthan actual numbers,plus AdditionalCharges asoutlined inSection V FINANCIAL,c Additional Charges Page4of 12 Initial Page iii The actual number of attendees, actual number of meal service cards issued and actuaIfaciIity rental fees if higher than FINAL numbers guaranteed, plus Additional Charges as outlined in Section V FINANCIAL, c Additional Charees c Additional Charees i Housins The University ofRedlands reserves the rightto charge User a$50 00 per day late charge for each daybeyond the FINAL rooming list/cut-off due date until the User s roominglistis received ii Meetsnz Facilities Rental fees includeset-upandtake down serviceforthe meeting space(s)listedin Sectionlll MEETING FACILIITES Costs listed for meeting space and standard equi pmentarethe expected charge(s)based onthe described services Actual charges to the User may vary if labor charges result from additional/modiffed setups and/or take down,additional services are requested,rent@I equipment is provided,or damages occur as aresultofany program partic[pantstaff guest,orassociate Failureto submitset-up needs by the deadlinedateas outlined in III MEETING FACILITIES will resultin a$50 00 per day latefee for each day beyond the due date I fisted above thatwe do not receive your set-up requirements to Catering User accepts full responsibility for all charges associated with any catered event ordered by User Asa courtesy to the User catering charges will be added to the final invoice iv Pool/Fitness Center Passes Pool passes are available at a cost of$5 00 each for the duration of the User's stay Fitness Center passes are available ata costof$5 00 each Both types of passes are contingentupon the facilities being ava ilable a nd open during the posted hours for general public usage Fitness Center usage is restricted to persons 18 years or older v Additional Eauioment/Services Equi pmentor5ervicesordered through the Univers ity i ncluding IT Services,Printi ng Servi ces and Outdoor Programs equi pment wi I I i ncur additional charges vi Lost Kevs Keys not returned dura ng check out or within 24 hours after check-out w!I I be assessed a fee of $50 00 ea ch for a dormitory room key and$50 00 for a n exterior door dormitory key vii Damages Laborandmateria lsnecessarytoreplaceanymissingitems ortorepairdamages tothe premi s es ca used by the User or any of the User's pa rti ci pants will be bi I led the actual charges to restore the premises to the!r condition before the scheduled event viii Rentals User accepts financialres ponsibilityfor allequipmentrentals obtainedonbehalf ofthe User by the University through external vendors d Cancellation By the University The University has no rightto cancel orterminate this Agreement except for cause By User User agrees that ithas no right to terminate or otherwise ca ncel its obl igations under this Agreement except for cause If Userdoes cancel this Agreement, User agrees to notify the University inwritingofany decision tocancel I n additi on,if a cancellati on occurs for causes other tha n specified herei n the partiesagree that i Itwould be difficultto determine the University s actual loss n The highest dol lar amount i n the charts et forth bel ow reasonably esti mates Univers ity's lossfor a I ast minuteCancelIation Usertherefore agrees to paytheUniversity,within 30days after receiptofinvoice, as liquidated damages and not as a penalty Cancellation Date Liquidated Damages Due 6 months, less oneday to 90 days priortoevent 50%of Initial Projection This amountis$1,18125 89 days or less priorto event Total Minimum Revenue Requirement as Page 5 of 12 Initial Pag outlined inSectionV FINANCIAL,b Minimum Revenue Reauirement This amountequals $1,77188 As an additional accommodation to User,University agrees that,to the extent that the University is ableto"resell" a ny s l eepi ng rooms and/or function space,the Ca ncel I ati on Fee w€I l be reduced by the amount of the Agreement received for the same space over the same dates e PavmentSchedule The University will mail to the User a final i nvoicewithi n 30 days after the conclusion of User's event for chargesassociated with the conference Fail uretopaythebalance dueasstated onthe Final Invoice within thirty(30)days of the invoicedatewill resultin latefees being charged ata rate of 12%per annum Late fees w€II be calculated from the firstcalendardayfollowing the due date" noted on the Final Invoice until thedate the payment is received The University will ma i Ito the User a f€na I invoice within 30 days after the cont[us€on of User's event for charges associated with the conference Fa 0 ureto paythe balance clueas stated on the Final Invoicewithin thirty(30)days of the invoice datewil I result in latefees being charged at a rate of 12%per annum Late fees will becalculated from the firstcalendar day followtngthe"due date'noted on the Final Invoice until the date the payment is received Fj na I payment maybe made by credit c@ rd or 2 check(made payableto"University of Redlands') Paymentshould be returned to the fol I owi ng address University of Redlands Event Services Department 1200E Colton Ave Redlands,CA 92373 Questions regarding bi[ling should beaddressed with the Director of Event Serv€cesat909-748 8133 f Refunds Request for refunds should be made inwritingto the Event Services Department TheUnivers€tyis una bl a to provide refunds for cancellations(except to the extent that User's payment for scheduled event exceeds any liquidated damages,as outlinedinsectionV FINANCIAL, 4 Cancel lation),"no shows"or early departures Any el i gi bl a refunds)to the User or the User's participants will be processed within 4 6 weeks of reconciliation and will bedisbursed to the User to the form of a University check V1 GENERAL a Amen canwtth D€sabthtlesAct(ADA) The Univers ttysha11 be responsi ble for compliance with the ADA with respectto € TheUn€vers tty'spot€cies,procedures,andel€gtbility criteria it Arc hitectura1,commun€cations,andtrafficcontroIoftheUnivers ityother thanbarrterscreated byor within the control of user, its agents,representatives,or contractors in The provision ofwheelchairseating spaces inassembly areas UsershaII be res po ns i ble for comp I i ance wi th the ADA with res pectto € User'spoIicies,pract€ces,procedures,andeltgib ilitycriteria i€ The provistonofaux€1€aryaids andservicestnareasdes€gnated for theexcIusiveuseoforwithtnthe control of user,t nclud€ngfun ct€on space listed i n this Agreement iii Trans portationfor attendees between facilities utilized byUsergroup A limited a mount of adapted houstngfor the disabled is available,however,it may not be located within the same build!ngto which the User has been assigned If ADA housingts needed,then the User must notify the University as soon asposstbletosee ifADA housing€savailable Pr€cingforADA housingshallbeattheprevailing rateforthe group b Pa rti ci nant Orient@ ti on To assure that adequate i nforrn2ti On is available for University staff and User's participants,the User will submit copy of the final written event/program scheduleto the Event Services Department no later thanJune 12,2017 Page 6 of 12Initial Pa User must a rra ngefor a meeting with al I of User's participants to inform their group of a I I University poI Ecies and procedures prior to conference check-in C Internet Requests for wireless accessforUser and User attendees whileon campus must besubmitted in writing, by July 2,2017 Failuretosubmita requestwill resultin inabilityto provideaccess tothe campus wireless system network Wireless internet capabilities area vat I able in dorm rooms and cl a ssrooms at no add itiona I cost Wireless services in dorm rooms is provided forth econvenience of the guest, but is not guaranteed Depending upon location service maybe Iimrted All classrooms and meeting rooms provide wireless internetaccess Internet access is also @vailablein ourComputer Lab andthe Library duringsummer operation hours Children under the ageof 18 may not be left in any computer lab facilitywithoutsupervision All children underthe age of 18 must have an adults upervisorpresent in the lab ataII times The campus wireless network is now common means for the University community to access the Internet, view videos,obtain news,as well as useother services Dueto its over-the-air nature,wireless communications are vulnerable to i ntrus i ve attacks thus making secure access to thewi reless network very important Therefore, al I wireless i nternetaccess needs ofthe User group must be coordinated through the Event Services Department in advanceofthe programstartdate The University accepts no respons i bility for the s afety of information downloaded by any individual associated with the Usergroup All downloads aredone at User's own risk User accepts full responsibility for the legality of all content downloaded by the User or User attendees d Packages User wilI tnformthe University ofRedlands of any materials beingshipped to the campus in order to coordinatereceiptofall packages All shipping labels musthavethefollowing information,inaddition tothe designated mai ling address for proper handling i Group name ii Arrival Date/Departure Date i[i Attention Contactname PLEASE CHECK WITH THE UNIVERSITY BEFORE SHIPPING PACKAGES TO CONFIRM THAT THE CORRECT SHIPPING ADDRESS IS BEING USED Do not send materi als morethan five(5) business days prior to the arrivaIdate as the University has limited storage space Charges wil I beassessed for storing or movi ngthese materi als Items received more than 5 (five) business days in advance of your event will be returned at the User's expense Also,atthe User's own expense, arrangements must be made for the return s hi ppi ng of any surpl us materials The University of Redl a nds reserves the rightto discard any materials not removed within fourteen (14)days after your schedul ed departure date The University of Redlands is not responsible for mislabel ed packages,lost packages,or damages to items shipped,or left for pick-up to/atthe University e Personal Prooertv The University assumes no responsibilityfor loss,theft,or damage to personal property belongingto the User orto any of the User's participants Participants who believe they have left personal effects behind may contactthe Event Services Department Ifthe item is found,it maybe claimed in person bydescribing the item(i a --color,brand name,identifying marks,etc ) Whilethe University attempts to return personal effects to their proper owners,it cannotassume respons ibilityfor anyitem found in a facility To prevent loss,participants should reclaim their personal effects from the Universityas soon as possible The University cannot hold items longerthan 14days afterthe last day of conference residency The University will not send items through the mail C 0 D All shipping charges associated with the return of propertytothe User or a User attendee will bethe responsibility of the individual The University will notassume the costofshipping any item backto its original owner/location Page 7 of 12 Initial PaC010 f Parking VehicIeparkingon University property is governed by the University's Public Safety Office and the Redlands PoIice Department All conference parking will be subject toguidel ines established by those offices Parking permits are not required but all state and I oca I parking policies must be followed User attendees assumeaIIresponsibility for vehicles parked onUniversity property Under no circumstances is the University responsible for damage to anyvehiclewhile located on University property g Publications and Sales Before the User prints or distributes any publication or other maten a I in which the Universityfacilities and/or services are mentioned,orinwhich any University facilities are pictured,User must send a draft of such proposed publication to Event Services forwritten approval in order to ensurethat University services and facilities are properly represented The name"University of Red a nds"as wel I as a II University I ogos and trademarks are the sol e property of the University These may not be used without prior consent from Event Services Before the User attempts to sell any merchandiseon University property,the User must first obtain written a pprova l from the University through Event Services h Suoervision All groups whose participants are under the age of 18 must adhere to the fol Iowl ng i User must provide adult, live inadvisorsata ratio of at leastone adultadvisor for every ten (10) participants ii User must provide adequate training and orientationforth eseadvisors 1 User must arrangefor an orientation session upon arrivalof live in advisory staff for them to meet with the University's representative prior to pa rti cipant's a rrival 2 The duties of advisors shall beclearly and explicitly defined and must i ncl ude thefollowi ng minimumduties a Knowing participants to the extent that they can be identified and caIIedbyname Ass i sting them with problem solving and accounting for their presence,health and s a fety b Bei ng present and avaitableand actively monitoringparticipant activity inALL CAMPUS LOCATIONS at ALLTIMES when participants arepresent c Enforcing User s rules a nd those of the University as stated in Section V1 GENERAL, 10 Regulations in this Agreement d At check in the User mustorovidethe Universitv with the namefsl and ohone number(s)of the adultsoonsor(s)resoonsiblefor the User's particioants atthe University Additionally,User must provide the University with a 24-hour contact number fora designated live in advisor for thegroup Whilethis responsibility maybe shared by all ofthe User's live-in advisors through the use of a shared pager or cell phone,one person must be designated to respond at that number ata II times i Medical Consent Forms Prior to check-in,the User must have in its possession,medical consentforms for all pa rti ci pants under the age of eighteen (18) These forms must be signed by the participant's parent or 1 ega I guardian An authorized medical consentformis required before medical treatment can be administeredto any minor All decisions regarding medical treatmentfor anyof the Users participants arethesoleresponsibilityof the User and the User's live in advisors I Reeulations The User and User attendees must complywith all applimblefederal state andlocallawsandall University housing regulations while on University property Userwillinform allattendees ofthe following regulations Additionally,User will consistently enforcethese regulations as well as any additional rules and regulations established by the User for their attendees Attendees failingtoadhere to User's rules or to those of the University will be removed from the residence hall(s)and/or dismissed from participation in activities on University property i Alcohol ic Beveraizes The possession or consumption of a I coholic beverages by anyone under the age of twenty-one (21)is prohibited by California law and is notal lowed on University property Alcohol is not permitted in the residence halls Any alcohol consumed on campus is handled through the cater]ng office Violation ofthis Agreement may resultinthe immediate removal of the participants fromthe residence hal I atthe University s sole discretion Page 8of 12 Initial Pag it Bicvcles Bicycles may not be brought into or kept in residence halls Ample parking for bicycles is availablenear each residence hall The Univers[ty[snot res pons iblefor the security ofbicycles motorbikes arenotpermitted inside any building iii Children Children of participants and all participants undertheage of eighteen (18)must be accompanied and supervised by an adult at a I I ti mes iv Cookine/Aooliances Participants may not bring their own refrigerator or microwave Part[cipantsmay bri ng a n d us e i n th ei r rooms,coffee ma kers wi th 2 n a utomati c s h ut off App I i @ nces wh 1 ch ha ve a n o pen coil or use hot oil a re notallowed in residence hal I rooms v Da ma Res Us er 1 s res pons 1 b le f or a I I da ma ges ca used by Us er or Us er attendees Sh oul d da ma ges occur, the Un[versitywiIIattemptto provideanopportunityfor the Userto conf[rmthe situation It is the User's responsibility tocol lectaIIcharges fromtheattendee(s) responsibleforthedamage vi Drugs Attendee involvement in the use,possession distribution,orsaleof illegal drugs or narcotics is strictly prohibited,including the us e of medical marijuana whether a medical marijuana card is issued or not Non-compliance by anyone associated with User event will result in immediate removal from the residence hall,and dismissal from participation[nactivities onUniversity property The University operates under a no tolerance policy and will also report any instances of substance abuse,possession,or s a le to local I aw enforcement for possible prosecution vii Elevators Elevators exist in some University faci litiesfor the convenience of participants and their guests, and mainlythosewith disabilities Elevators must be used properly Misuse may resulti n temporary loss of service and/or a servicechargefor repairs resultingfromthat misuse Notify a University staff member immediately if an elevator failure occurs viii Fire Safety All Univers[tyfacilities areequi pped with firesafetysystems All attendees must evacuate the building immediately when theft re alarm sounds Maps describing evacuation routes are posted within each facility User should familiarize @I I attendees with these routes Misuseordamageto fire safety equipment (sprinkler systems,smoke detectors, fire alarms,pull stations,fire extinguishers,and fire hoses)is strictly forbidden and will resulti n damage charges to the User and to prosecution ix Food (outsideof the DiningHall) The University strongly discourages food and soft drinks in the dormitories,classrooms,and meetingvenues that do not have kitchens Food and sugar-filledsodas attract ants and cockroaches The 100+year old campus[slocated onthe site offormer citrus groves There is a massiveantpopulation which is immediately drawn to open food and soda containers Crumbs also drawtheseinsects from other areas Itis not unusual forantstobefound onthe 3`@floor of dormitories and classrooms The University sprays routinely for these pests Your support and diligence in observing this regulation will help ma keyour vis it a n enjoyable one x Gambling Gamblingof any nature is strictly prohibited on University property X1 HarassmentTheUn[versityprohib[tsaggressiverecruitmentthroughproselytizing,selling,etctoany persons on the University campus External clients including conferences,meetings,or special events may not use aggressive tactics to engage students,staff,or faculty Fail uretoabide bythis policy will result!n immediate removal from the campus xii Laneuaee The useoffoul languageandprofanities isdiscouraged atalltimes The University hosts many groups with diverse backgrounds Courtesy towards others both within the User's group and between the User's group and others is expected @tall times xiii Misconduct The University reserves the right to evi cta ny person or persons whose conduct is unaccepta ble by University standards xiv PoolEtiauette/Safety Rules The University pool is used by all faculty,staff,students and guests of the University Itis expected that all users are respectful and courteous at all times Safety rules areclearly posted atthe entrance All rules mustbe followed atall times Pat luretofollow established safety procedures will result in a ca ncellation of pool privileges with no refund of the pool pass fees xv PubhcSafety 1 University staff may enter any room,including any guest room,forthe purpose of maintaining health and safety,for reasonable maintenance inspection for repair or in any situation deemed by the University to bean emergency 2 Universitystaffwillrequirepart[cipantstoremoveanypet, bicycleoranyitemdeemed bythe Universityto be either hazardous or i nappropriateto a group I ivi ng envi ronmentthat is brought into the residence hal ls 3 Foremergency situations Public Safety should be calledat909 748-8888 from a cell phone or x8888 from aninternal University phone xvi Pets. No pets of any kind may be brought into or kept in a University facility,with the exception of certifiedservicean[mals Prior notification of the need of service animals is requested Page 9 of 12 Initial Pag xvii Quiet Hours Quiet hours inaIIshared-usehousingfacilities are 00p m to 9 00 am daily Radios, televisions,stereos and others uchequi pment must be operated so as not to disturb other guests in the bui I ding This is to be observed by a I1 a ttendees to ensure a pea ceful and com€orta ble I ivi ng envi ronment xviii Room Inspection All residence haII rooms are carefuIlyinspectedtoensure proper care and maintenance both before and after occupancy If a maintenance problem shou I d arise,please report it immedi ate]y to the Event Services Department xix Smokine Smoking is prohibited in all University facilities,including residence halls Designated smoking areas areoutside xx Visitation All non-res i dentvisitors within a residencehall are required to beescorted at ALLtimesby a residenceescort Universitystaff May requirethe User to request any participants orgroup of parti ci pantsto leavethe residence hall(s)and/or University property if regulations/procedures specified in this Agreement areviolated xxi Windows Window screens,where provided, arenotto be removed foranyreason Userwill becharged for each window screen removed or da malted VII FORCE MAtEURE If either partyis delayed,interrupted or prevented fromthe performance of its contractual obligations by reason of an a ct of nature,fi re,fl ood,wa r,public disaster,strikes or l abor difficulties,governmental enactment regulation or order,civil tumult,epidemic,or any other causebeyond its control,suchpartyshallnotbeliabletothe other therefore, except, however that the Usershall remain liablefor all non cancelablecosts paid and/or contracted bythe Universityof Redlands beforethe event that occasioned thedelay,interruption,orprevention Non-cancelable costs are defined as third party costs for services already rendered or i tems a I ready consumed VIII INSURANCE The User shall,atitsown costandexpense,secureandmaintain inforceatalltimes duringwhichthis Agreement is in effect policies of 1 nsurancethat meet the minimum requirements of the Universityas described below a Commercial General Liability lnsuranceforpersonal bodily injury,wrongful death,and broad form property damage losses included,writtenon an occurrence form,with limits asfollows i Each Occurrence $1,000,000 ii Products/Completed Operations Aggregate $1,000,000 iii Personal and Advertising Injury $1,000,000 iv Sexual Misconduct Ifin connection with this Agreement, User or invitees of User will include persons under the age of 18, then the General Liability insurance policy must provide coveragefor sexua I misconduct(including by definition sexual molestation,abuse,and harassment)with limits of no 1 es s than$1,000,000 per occurrence/$2,000,000aggreggate Nate Ifthe General Liability coveragehas anysub-limits orexclusions inconsistentwiththe above that apply to coverage for sexual misconducttheCertificateofInsurance must deft ne thos e l i mats or excl us ions v General Aggregate $2,000,000 b The Usermust providea Certificateof Insurance or other evidence of insurance satisfactory to the University with specific referenceto the event described in this Agreement Coverage must be written on an'occurrence"form and maintained throughout the term of the contract With regard to coverages described under para graph A above i Byendorsement, the policy must reflect,"the University of Redlands,its trustees,officers,employees, faculty,and agents as an additional insured as their interest may a ppea r with rega rd to the a ctivity a nd/or operations under this Agreement" n By endorsement, the policy must include a provision thatthe coverage will beprimaryand will not pa rti ci pate with nor be excess over a ny va I i d and col lectible i nsurance ca rri ed or maintained by the University iii Itis agreedthatthe provisions under(i),and(ii)aboveshall only apply in proportion to and to the extent of the negligent actor omissions of the User,its officers,agents,or employees iv Byendorsement, the policy must reflect Waiver ofSubrogation infavor ofthe University v Where required"by endorsement,' the presence of such endorsement must be noted on the Certificate of Insurance and a separate insurer issued endorsement must be accompanythe Certificate of Insurance c Insurance ma i ntained bythe User shall applyon a firstdollar basis Any deductible or self-insured retention shall notexceed $5,000 per occurrence, unless otherwise approved bythe University The User herein acknowledges their responsibility for any losses thatfal I under a deductible or self insured retention o- Page 10 of 12 Initial Paa _ d Itis agreed hereinthatthecoverage,limits,andconditions referredtounder i ,ii ,iii ,tv,vaboveshallnotinany way I i mitthe liability of the User The User shal I furnish the University with Certificates of Ins urance evidencing comphancewith all requirements 30d a ys prior to commencement of this Agreement Such certificates shall Provide forthirty(30) daysadvancewrittennotice to the University of any mod if ication,change,or cancel I ation of any of the above insurance coverage The Certificate of insurance must reflect words ng as follows "5houldanyofthedescribed policies becancelledorcoverageand/or limits reduced or materially altered pri or to the expiration date thereof, the issuing insurer wi I I mail 30 days written noti ce to the certificate holder named to the left" ii The above-described Certificate of insurance will bedueinthe Conference Services OfficebyJune 12, 2017 e Each ins ur@nce policy shall be issued by an insurance company authorized to do business in the State of California or eligible surplus lines insurer acceptable to the State and havingagents in California to whom service of process may be made, and currently rated by A M Best as "(A-) IX"or better The User sha I I provide the University with Certificates of Insurance i n conformance with the above requirements for anycompanies providing services to User in connection with this Agreement IX INDEMNIFICATIONS Userherebyassumes all responsibilityforthe safety and welfare of guests dunngtheevent No illegal activities of any kind shall be tol erated on the University of Redl a nds campus User shall defendindemnifyand hold harmless the University,its officers,agents and employees,from andagainst@ny andall liability loss,expense(including reasonable attorneys'fees),or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability,loss,expense,attorneys fees, or claims for injury or damages are caused by or result from the negl i gent or intentional acts or omissions of User,User's guests,or User's serve ce providers User,if charitable organization,association,corporation,entity or individual,having orclaimingimmunity orexemption (statutory or otherwise)from l i a bility for da mage or i nl ury to property or pers on, hereby wa ives its ri ghtto pl ead defens ively such immunity or exemption againsttheUniversity X DISPUTE RESOLUTION I n the event that a d ispute aris es under this Agreement, the fol I owi ng di spute res ol ution procedures will be fol lowed This Agreement will begoverned by the laws of the State of Cal i fornia,as a pplied to contra cts made and to be performed in California Arbitration a All controvers i es di sputes or cl aims (i ncluding those based upon statute,tort or pub[i c:pol i cy @ nd thos e brought against individuals or other entities)a ri s ing out of or rel ati ng to this Agreement, the servi ces to be performed under it,or the breach thereof, shall bedetermined by arbitrati on in accord@ nce with the procedures established below b Arbitration must be initiated by party providingthe other partywith a written demand to arbitrate and notice of selection of one arbitrator c Withi n five(5)calendar days of receipt of the written demand to a rbitrate,the second partyshaII select one arbitrator and give notice of its choi ceto the first party The two a rbitrators so sel ected s hal I be unrelated to a nd unaffiliated i n any way with either of the parties Thetwo arbitrators so selected wil I together choosea thi rd arbitratorwithin five(5)caIendardays after the selectionofthe second Inthe event that the two are unableto agree upon a thi rd a rbitrator,either party may petition the presidingjudgeofthe San Bernardi no County Superior Court,for the appointment of a third arbitrator d Within five(5)calendar days aftertheselection or appointment of the third arbitrator each party shalIsubmita proposed decisiontothe arbitrators with appropnatefindingsoffactand conclusions of lawtosupportthe proposed decision A copyofthe proposed decision shall begivento the other party andto all arbitrators e Within seven(7)ca I end@ r days after the submission of thetwo proposed decisions,the arbitrators will hold a hearing atwhich the parties to the dispute maysubmit evidence, and examine witnesses The arbitrators,if necessary,may issuesubpoenas upon the request of the parties to compel the testimony of third part and th Page 11 of 12 Initial P e production of documents as provided in Section 1282 6ofthe California Code of Civil Procedure There shall be no pre-hearingdiscovery,except for the foregoing Testimony sh a I I betaken under oath and the parties maybe represented by legal counsel f The arbitrators,by majority decision,shall issue a written decision within five(5)calendar days after the conclusion of the hearing The decision of the arbitrators shall befinal and binding upon the parties and maybe entered as a judgment in a courtof competent jurisdiction The arbitrators shall not havethe authority to amend, modifyor delete any provision of this Agreement g The costs of the arbitrators shall bespli#equally between the parties Each partyshall bear its own costof arbitration,includingfees of its counsel XI NON-DISCRIMINATION The partiesagreeto bebound byapplicablestateand federal rules governing Equal Employment Opportunity and Non-Discrimination XII ENFORCEMENT The University's failureto insist upon or enforce strict performance of any provision of this Agreement shall notbe construed as a waiver of any provision or right Neither the course of conduct between the parties nor trade practiceshall actto modify any provision ofthis Agreement XIII ENTIRE AGREEMENT This Agreement, and its accompa nyi ngAddendums,constitute the entire agreement between the University and User with respect to its subject matter and maybe amended only by written notification between both parties Anyandall other proposals,negotiations,promises,arrangements,or understandings,whether oral or written, made prior to this Agreement arehereby extinguished and considered null and void by both parties University and User guaranteethat, except assetforth in this Agreement, no representatives,warranties,or promises havebeenmadeto each other by their respective agents,representatives, oremployees with respect to this Agreement. Neither Usernorthe University may assign their rights or obligations under this Agreement without the express written consent of the other pa rty XIV MUTUAL. AND BINDING AGREEMENT This Agreement, when signed and dated below by the res pecti ve a uthori zed representatives of University and the User will be considered in force and legally binding on both parties The person(s)signing this Agreement sha I I ha vethe a uthori ty to bind their res pective orga nizations and agree to the terms and conditions herein Date 51;;? / /r i Paul W,, Foster, Mayor City edland, Date. r Toby Bushee, Diirector of Event Services University of Redlands J ATTEST J,Onne Donaldson, City Clerk Page 12 of 12 Initial Padeb1