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HomeMy WebLinkAboutContracts & Agreements_91-2019MUNIVERSITV OF Redlands Event Services 1200 East Colton Avenue, Redlands, CA 92373 Conference Agreement Contract Date May 212019 Organization. City of Redlands/RESA Chris Mead (909) 556 6509 cmead@redlandspolice org Conference. Redlands Emergency Services Academy (RESA) Conference Start Date. Wednesday, July 10,2019 Arrival Time. 9.00am First Meal Dinner, July 10, 2019 Estimated Number of Participants. 30 End Date• Wednesday, July 17, 2019 Departure Time• 7.00pm Last Meal. Breakfast, July 17, 2019 PREAMBLE. This is a letter of contract, hereinafter referred to as "Agreement," by and between the University of Redlands, hereinafter referred to as "University"and City of Redlands/RESA hereinafter referred to as "User" II. RESERVATIONS The Uruversityof Redlands will reserveonlythe number of sleeping rooms, meeting rooms, and meal plan reservations as outlined in thi s 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 will make every effort to accommodate the User's request for additional rooms and will issue an addendum to this Agreement if rooms are available Deposits, minimum revenue requirements, and other procedures will a pply to the a dJ usted reservation numbers All sleeping room accommodations, meeting room accommodations and meal plans as outlined in this contract are being held for User on afirst option basis for the exclusive use of the User These arrangements will beheld for fifteen (30) business days from today s updated contra ct date of May 21,2019 at which time a counter -signature on this contra ct and the depositasoutlined inSection -V FINANCIAL, 5 Deposit, are required to secure all arrangements on a definite basis Should another organization requestthese dates and be in a position to confirm immediately, the User will beadvised and given fifteen (30) business days to reserve on a confirmed basis If the counter -signed contract is not received within the timeframe allotted, all arrangements will beautomatically released All changes to the program meeting space and equipment needs will be handled via a contract addendum and will be considered a pa rt of and adheri ng to all terms of this Agreement Page 1 of 12 Initial Page.(�'�f a Mousing Double occupa ncy rooms, as outlined below, are currently reserved for the User in East Hall (144 maximum occupancy) The University reserves the right to change build' ngand/or space assignments as necessary for University business RATES Daily rate is $33 00 per person, per night The University of Redlands agrees to underwrite the expense for housing for the 2019 program Srngleoccupancy rooms are deft ned as 1 person staying in an assigned room no matter the location, or number of beds available in the room Doubleoccupancy rooms are deli ned as 2 persons staying in an assigned room no matter the location or number of beds available n the room The University does not offer a Tripleoccupancy rate Should User wish to place3 people in rooms that have that capacity, User will be cha rged the Double occupancy rate for each guest in the room Linens Linens are not included as a part of this conference r Check in and Check out. Check inis currently scheduled between S•00am-10.00am at East Hall Check out is currentlyscheduled between 5.00pm-7 OOpm at East Hall Exceptions to the check 1n and check out times and locations must be a pproved in advance by the Di rector of Event Services ii Roomi ng List A FINAL rooming listofallconference participants must besubmitted to Event Services by Thursday, June 26, 2019, and may NOT be reduced after it is received The FINAL roomi ng listwi II include the following 1 Each participant's rstand last names 2 Each participant's arrival and departuredates 3 Each participant's room assignments The Universitywill provide hall charts and diagrams for the User to make room assignments Room changes are handled by the User's conference registra r, event planner, or representative and must be reported to the Event Services Department All rooming lists must be legible a nd include participants rst a nd last names Additions and room changes to the FINAL rooming list may occur without penalty atthe discretion of the University of Redlands The University may, n its sole discretion, reassign any pa rticipantwithin the residence halls to a room of equal or greater value The User will notbecharged for any room assignment initiated by the University unless itis due to partici pant behavi or a s defined in Section VI GENERAL, 10. Regulations Safety Recital rements To meet fi re codes and ensure personal safety, room capacities in the residence halls shall be limited to no more than two (2) persons per established sleeping room, unless otherwise designated on floor plans provided bythe University Under no circumstances may attendees sleep on the floor of any dorm room or apartment iv RiehtofEntry The University reserves the right to enter any lodging provided to the User pursua nt to this Agreement to inspectthe premises for the purposes of maintaining health and safety, for reasonable maintenance inspection for repair or in anysituation deemed by the University to be an emergency Under no ci rcumstances shall the University enter a roam for any reason other than health, safety, mai ntenanceand repair, emergency, or compliance with University policies without prior notification to the User /! Page 2 of 12 Initial Pag 7/10/19 7/11/19 ,`7/12/19 7/13/19 7/14/19 7/15/19 7/16/19 Total Nights Double Occupancy 30 30 30 30 30 30 30 210 Total $6,930 00 Srngleoccupancy rooms are deft ned as 1 person staying in an assigned room no matter the location, or number of beds available in the room Doubleoccupancy rooms are deli ned as 2 persons staying in an assigned room no matter the location or number of beds available n the room The University does not offer a Tripleoccupancy rate Should User wish to place3 people in rooms that have that capacity, User will be cha rged the Double occupancy rate for each guest in the room Linens Linens are not included as a part of this conference r Check in and Check out. Check inis currently scheduled between S•00am-10.00am at East Hall Check out is currentlyscheduled between 5.00pm-7 OOpm at East Hall Exceptions to the check 1n and check out times and locations must be a pproved in advance by the Di rector of Event Services ii Roomi ng List A FINAL rooming listofallconference participants must besubmitted to Event Services by Thursday, June 26, 2019, and may NOT be reduced after it is received The FINAL roomi ng listwi II include the following 1 Each participant's rstand last names 2 Each participant's arrival and departuredates 3 Each participant's room assignments The Universitywill provide hall charts and diagrams for the User to make room assignments Room changes are handled by the User's conference registra r, event planner, or representative and must be reported to the Event Services Department All rooming lists must be legible a nd include participants rst a nd last names Additions and room changes to the FINAL rooming list may occur without penalty atthe discretion of the University of Redlands The University may, n its sole discretion, reassign any pa rticipantwithin the residence halls to a room of equal or greater value The User will notbecharged for any room assignment initiated by the University unless itis due to partici pant behavi or a s defined in Section VI GENERAL, 10. Regulations Safety Recital rements To meet fi re codes and ensure personal safety, room capacities in the residence halls shall be limited to no more than two (2) persons per established sleeping room, unless otherwise designated on floor plans provided bythe University Under no circumstances may attendees sleep on the floor of any dorm room or apartment iv RiehtofEntry The University reserves the right to enter any lodging provided to the User pursua nt to this Agreement to inspectthe premises for the purposes of maintaining health and safety, for reasonable maintenance inspection for repair or in anysituation deemed by the University to be an emergency Under no ci rcumstances shall the University enter a roam for any reason other than health, safety, mai ntenanceand repair, emergency, or compliance with University policies without prior notification to the User /! Page 2 of 12 Initial Pag v After hours Housi ne Services Any questions or services required during the hours of 30a m to 11 O0p m will be handled by Event Services at909-748 8116 From 11 00p m to 7 30a m., all calls for assistance should be made to Public Safety at 909-748-8888 All campus phones a refor local calls only All other calls should be made using the partici pants' personal cell phone or other personal communication tools III MEETING FACILIilES The University willprovide the fol Iowingmeeting facil!ties Date Time Space :.: ' Cost 7/10/19-7/17/19 800am-1000pm 1Classroom $800 00 7/17/19 5 OOpm —10 OOpm Casa Loma Room $2,000 00 Total $2,800 00 Total Anticipated Facility Rental Fees• $2,800 00 - University of Redlands agrees to underwrite the facility renta !fees for 2019 User wi I l submit room set-up specifications and/or diagrams of all needed facility set ups by Thursday, June 26, 2019 The University reserves the rightto move functions into comparableand adequate rooms other than those outlined above Although every effort will be made to avoid moving a 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 from the User group The University of Redlands reserves the rightto make the fi nal decision concerning the suita bility of hol di ng a function outdoors or relocating to an indoor space, due to inclement weather (including excessive heatand/or poor air quality), construction or other unforeseen circumstances In the event a function is moved, the University agrees to provide adequate notice (whenever possible), di recti on, and assistance 1V DINING SERVICES• The University has a contract with 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 DiningCommons Bon Appetit needs a guarantee of 50 guests to open the Dining Commons If your group is bel ow50 guests there may be a surcharge on each meal A surcharge will be determi ned based on your guest numbers, along with other conference groups eating duringyour stay Please contact the Director of Event Services for more 1 nformation on possible surcharges Should your group wish to hold a catered event, menus and pricing for those activities will be provided by Bon Appetit Management Company b DIn1ngHours Breakfast 7 00-8 30am Lunch 1130am-100pm Dinner 500--630pm c Preliminary Meals Ordered User has ordered the following meals Day/Date : Breakfast .Lunch Dinner Bon Appetit Rates $9 50 $1175 $11 75 Wednesday7/10 0 0 30 Thursday 7/11 30 0 30 Friday7/12 30 0 30 Saturday 7/13 30 0 30 Sunday 7/14 30 0 30 Monday 7/15 30 0 30 Tuesday7/16 30 0 0 Wednesday7/17 30 0 0 Total Counts 210 0 180 Total Cost $1,995 00 $0 00 $2,115 00 $4,110 00 Page 3 of 12 Initial Pag User will submit a FINAL guarantee for all standard meals in writing to Event Services by Thursday, lune 26, 2019 Should your numbers increase after the guarantee has been given, contact Event Services to update Numbers for meal ca rds may not be reduced once this list is received for any reason including i Attendees do not show up ii Additional meal events (catered or standard meal plans) are ordered which change the number of actual participants in either a standard meal plan ora catered event by the FINAL guarantee date listed above Meals cards will besupplied by the University to the User These cards are computer programmed for the dates and meals outlined in the User contract Ifa meal card is Iost, Event Services must be notified immediately to cancel the card and have a new card issued DCB cards maybe issued atthe User's request DCB cards are Iikedebit cards They have a specific value associated with the card The User will only be charged for the value of the food charged to that card If you wish to order DCB cards, please notify Event Services of the number of cards ordered and the dollar va lue to be placed on each card d Catered Meals Services for catered events arealso handled through Bon Appetit Management Company The University does not accept res pans i bi lity for catering arrangements User will be responsi blefor working directly with Bon Appetit Catering on all the detai is of the meal service, i ncl udi ng the User's financial obligation for the event It is the responsibility of the User to notify the University as to which meals wi l l 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 rel ate to meal cards and/or catered events User accepts all responsibility for guaranteed numbers given for either meal ca rds or catered events V FINANCIALS a Initial Projection The initial projection for the User group is Sleeping rooms $6,930 00, as outlined i n Section II RESERVATIONS; a Housing Facility Rentals -$2,800 00,as outlined in Section III MEETING FACILITIES Meal plans -$4,110.00, as outlined in Section IV. DINING SERVICES, c. Preliminary Meals Ordered Sub -Total - $13,840.00 The University of Redlands will underwrite the cost of housing and facilities fees for this program equal to $9,730 00 *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 2019 equal to $1,995 00 RESA Program will be responsible for the cost of dinners, linens (if needed), and any additional expenses = $2,115 00 (estimate) b Minimum Revenue Ream rement User will be billed a Minimum Revenue Requirement which is determined by adding the total dollarvalueofthe 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, andmultiplying this figureby75%whichequals $1,586 25 User understands and fully accepts the Mini mum Revenue Requirement due to the University no matter the actual number of attendees Final invoices will be ca I culated based on the criteria detailed below, and will be whichever 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 FINANCIAL, c Additional Charges. Under no circumstances with the User be charged less the Minimum Revenue Requirement ii The FINAL rooming list, FINAL meal servicerequestand FINAL facility rental total if greater than actual numbers, plus Additional Charges as outlined in SectionV FINANCIAL, c Additional Charges Page 4 of 12 Initial Pag iii The actual number of attendees, actual number of meal service cards issued and actual facility rental fees if higher than FINAL numbers guaranteed, plus Additional Charges as outlined in Section V. FINAN CIAL, c Additional Charges c Additional Charges i Housing. The University of Redlands reserves the right to charge User a $50 00 per daylatecharge for each day beyond the FINAL rooming list/cut-off due date until the User's roominglistis received u Meeting Facilities Rental fees include set-up and take-down service for the meeting space(s) listed in Section III MEETING FACILIITES. Costs listed for meeting space and standard equipment a re the expected charge(s) based on the described services Actual charges to the User may vary if labor charges result from additional/modified set-ups and/or ta ke-down, additional services are requested, rental equipment is provided, or damages occur as a result of any program participant, staff, guest, or associate Failureto submit set-up needs by the deadline date as outlined in III MEETING FACILITIES will result in a $50 00 per day I atefee for each day beyond the due date listed abovethatwe do not receive your set-up requirements iii Catering User accepts full responsibility for all charges associated with any catered event ordered by User As a courtesy to the User, catering charges will be added to the final invoice iv Pool/Fitness Center Passes Pool passes are available ata costof$5 00 each for the duration of the User's stay Fitness Center passes are avaiiableat a costof$5 00 each Both types of passes a re conti ngent upon the faciIities beingavailableandopen during the posted hours for general public usage Fitness Center usage is restricted to persons 18 years or older v Additional Equipment/Services Equipment or Services ordered through the University including IT Services, Printing Services and Outdoor Programs equipment will incur additional charges vi Lost Keys Keys not returned during check-out or within 24 hours after check out will be assessed a fee of $50 00 each for a dormitory room key and $50 00 for an exterior door dormitory key vii Damages Labor and materials necessary to replace any missing items or to repair damages tothe premises caused by the User or any of the User s participants will be billed theactual charges to restore the premises to their condition before the scheduled event viii Rentals User accepts financial responsibility for all equipment rentals obtained on behalf of the User by the University through external vendors d Cancellation By the University The University has no rightto cancel or terminate this Agreement except for cause By User User agrees that it has no right to terminate or otherwise cancel its obligations under this Agreement except for cause If User does cancel this Agreement, User agrees to notify the University in write ngofany decision to cancel In addition, if a cancellation occurs for causes other than specified herein, the pa rti es agree that i Itwould be difficulttodetermine the University's actual loss ii The highest dollar amount in the chartset forth below reasonably estimates University's loss fora last- minuteCancellation User therefore agrees to pay the University, withi n 30 days after recei pt of invoice, as liquidated damages and not as a penalty Cancellation Date. 6 months, less one day to 90 days prior to event 89 days or less prior to event Liquidated Damages Due 50% of Initial Projection This amount is $1,057 50 Total Minimum Revenue Requirement as Page 5 of 12 Initial Pa outlined in Section V FINANCIAL, b Minimum Revenue Requirement This amount equals $1,586.25. As an additional accommodation to User, University agrees that, to the extent that the University is able to "resell" any sleeping rooms and/or function space, the Cancellation Fee will be reduced by the amount of the Agreement received for the samespaceover the same dates e Pavment Schedule The Universitywill mail to the User a final invoicewithin 30 days after the conclusion of User's event for charges associated with the conference Farluretopay the balance due as stated on the Final Invoice within thi rty (30) days of the invoicedatewill resultin late fees being charged ata rate of 12% per annum Late fees will becalculated from the fi rstcalendarday following the "due date" noted on the Final Invoice until thedate the payment is received The University will mail to the User a final envoicewith' n30days after the conclusion ofUser's event for charges associated with the conference Failure to paythe balance dueas stated on the Final Invoice within thirty (30) days of the invoicedatewill resultin latefees being charged at a rate of 12%per annum Late fees will be calculated from the first calendar day fol lowi ng the "due date" noted on the Final Invoice until the date the payment is received Final payment may be made by credit card ora check (made payableto "University of Redlands") Payment should be returned to the follow ngaddress University of Redlands Event Services Department 1200E Colton Ave Redlands, CA 92373 Questions regarding bi Iling should be a ddressed with the Director of Event Services at 909 748 8133 f Refunds Request for refunds should be made in writingto the Event Services Department The University's una bl e to provide refunds for cancellations (except to the extent that User's payment for scheduled event exceeds any liquidated damages, as outlined in Section V FINANCIAL, 4 Cancellation), "no shows" or early departures Any eligible refund(s) to the User or the User's participants will be processed within 4 6 weeks of reconciliation and will bedisbursed to the User in the form of a University check VI GENERAL a American with Disabilities Act (ADA) The University shall be responsi ble for compliance with the ADA with respectto i The University's policies, procedures, and eligibility criteria ti Architectural, communications, and trafficcontrol of the University, other than barriers created by or withi n the control of User, its agents, representatives, or contractors ill The provision ofwheelchairseating spaces in assembly areas User shall be responsiblefor compli ance with the ADA with respect to i User's policies, practices, procedures, and eligibilitycnteria ii The provision of auxiliary aids and services in areas designated for the exclusive use of or within the control of user, including function space listed in this Agreement iii Transportation for attendees between facilities utilized by User group A limited amount of adapted housi ng for the disabled is available, however, it may not be located within the same building to which the User has been assigned If ADA housing is needed, then the User must notify the University as soon as possibleto see if ADA housing is available Pricing for ADA housing shall beatthe prevailing rate for the group b Participant Orientation To assure thata dequate information is available for University staff and User's partici pants, the User will submita copy of the final written event/program scheduleto the Event Services Department no later than Monday, June 10, 2019 Page 6of12 InitialPag� ) "ff User must arrange for a meeting with all of User's participants to inform their group of all University policies a ncl procedures prior to conference check-in c Internet Requests for wireless access for User and User attendees whileon campus must be submitted, in writing, by Thursday, June 26,2019 Failuretosubmit arequest will resultin inability to provide access to the campus wireless system network Wireless internetcapabrRies areavailable in dorm rooms and classrooms at no additional cost Wireless services in dorm rooms is provided for the conveni ence of the guest, but is not gua ra nteed Depending upon location, service may be I i mited All classrooms and meeting rooms provi de wi reless i nternet access Internet access is also available in our Computer Lab and the Library during summer operation hours Children under the age of 18 may not be left in any computer lab facilitywithout supervision All children under the age of 18 must have anadultsupervisorpresentinthe labatalltimes The campus wireless network is nowa common means for the University community to access the Internet, view videos,obtarn news, as well as use other services Dueto its over the air nature, wireless communications are vul nera bl e to intrusive attacks thus making secure a ccess to the wi reless network very important. Therefore, all wireless internetaccess needs of the User group must be coordinatedthrough the Event Services Department in advance of the program startdate The University accepts no responsibilityforthesafety of information downloaded byany individual associated with the User group All downloads are done 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 will informthe University of Redlands of any materials being shipped to the campus in order to coordinate receipt of all packages All shipping labels must have the following i nformation, in addition to the designated marling address for proper handling i Group name ii Arrival Date/Departure Date iii Attention Contact name PLEASE CHECK WITH THE UNIVERSITY BEFORE SHIPPING PACKAGES TO CONFIRM THAT THE CORRECT SHIPPING ADDRESS IS BEING USED Do not send materials morethan five(5) business days prior to the arrival date, as the University has limited storage space Charges will be assessed for storing or moving these materials Items received more than 5 (five) business days in advance of your event will be returned at the Users expense Also,atthe User's own expense, arrangements must be made for the return shipping of any surplus materials The University of Redlands reserves the rightto discard any materials not removed within fourteen(14) days after your scheduled departure date The University of Redlands is not responsiblefor mislabeled packages, lost packages, or damages to items shi pped, or Ieftforpick upto/atthe University e Personal Property The University assumes no responsibility for I oss, theft, or da mage to personal property belonging to the User or to any of the User's participants Participants who believe they have left personal effects behind may contact the Event Services Department If the item is found, it may be claimed in person by describing the item (i e —color, brand name, identifying marks, etc ) Whilethe University attempts to return personal effects to their proper owners, itcannotassume responsibilityfor any item found in a facility To prevent loss, participants should reclaim thei r personal effects from the University as soon as possible The University ca nnot hol d items longer than 14 days after the 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 property to the User or a User attendee will bethe responsibility of the i ndividual The University wil l note ssume the cost of shipping any item back to its original owner/location Page 7 of 12 Initial Pale f Parking Vehicle parking on University property is governed by the University's Public Safety Office and the Redlands Police Department All conference park' ngwiil be subjectto guidelines established by thoseoffices Parking permits are notrequired, but all state and local parking policies must befol lowed User attendees assume all responsibility for vehicles parked on University property Under no circumstances is the University responsible for da mageto any vehicle while located on University property g Publications and Sales Before the User prints or distributes any publication or other material in which the University facilities and/or services are mentioned, or in which any University facilities are pictured, User must send a draft of such proposed publication to Event Services for written approval in order to ensurethat University services and facilities are properly represented The name "University of Redlands" as well as all University logos and trademarks a re the sole property of the University These may not be used without prior consent from Event Services Before the User attempts to sell a ny mercha ndi se on University property, the User must first obtain written approval from the Univers ity through Event Services h Supervision All groups whose participants a re under the age of 18 must adhere to the following i User mustprovideadult, live-in advisorsata ratio of at least one adult advisor for every ten (10) participants ii User must provide adequate training and orientation for theseadvisors 1 User must arrange for an orientation session upon arrival of live-in advisory staff for them to meet with the University's representative prior to participant's arrival 2 The duties of advisors shall becl ea rly and explicitly defined and must i ncludethefol lowing minimum duties a Knowing participants to the extent that they can be identified and called by na me Ass 'sting them with problem solving and accounting for their presence, health a nd safety b Being present and available and actively monitoring participant activity in ALL CAMPUS LOCATIONS at ALL TIMES when participants are present c Enforcing User's rules and those of the University as stated in Section VI GENERAL, 10 Regulations in this Agreement d At check in, the User must provide the Universitvwith the name(s) and phone number(s) of the adultsponsor(s) responsible for the User's participants atthe University Additionally, User must providethe University with a 24 hour contact number for a designated live-in advisor for thegroup Whilethis responsibility may be shared by al l of the 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 at a l l times i Medical Consent Forms Prior to check in, the User must have in its possession, medical consent forms for all partici pants under the age of eighteen (18) These forms must be signed by the participants pa rent or legal gua rdian An authorized medical consentform is requi red before medical treatment can be administered to any minor All decisions regarding medical treatment for any of the User's partici pants a rethe sale responsibility of the User and the User s live-in advisors Regulations.The User and User attendees must comply with all applicablefederal,state, and local laws and all University housing regulations whileon University property User will inform all attendees of the following regulations Additionally, User will consistently enforcethese regulations as well as any additional rules and regulations established by the User for their attendees Attendees failing to adhere to User's rules or to those of the University will be removed from the residence ha II(s) and/or dismissed from participation in activities on University property i Alcoholic Beverages. The possession or consumption of alcoholic beverages by anyone under the age of twenty-one (21) is prohibited by California law and is not al lowed on University property Alcohol is not permitted in the residence halls Any alcohol consumed on campus is ha ndled through the catering office Violati on of this Agreement may result in the immediate removal of the participants fro residence hall atthe University's sole discretion Page 8 of 12 Initial P • ge II Bicycles. Bicycles may not be brought into or kept in residence halls Ample parkungfor bicycles is available near each residence hall The University is notresponsibleforthesecurityofbicycles Motorbikes are not permitted inside any building iii Children Children of participants and all participants under the age of eighteen (18) must be accompanied and supervised by an adult at all times iv Cooki ngJApol i a nces Pa rticipants may not bri ngtheir own refrigerator or microwave Participants may bring and use i n their rooms, coffee makers with an automatic shut off Appliances which have an open coil or use hot oil are not allowed i n residence hall rooms v Damages. User is responsible for all damages caused by User or User attendees Should damages occur, the University will attempt to provi de a n opportunity for the User to confirm the situation It is the User's responsibility to col lectall charges from the attendee(s) responsiblefor the damage vi Drugs. Attendee involvement in the use, possession,distribution, orsaleofillegal drugs or narcotics is strictly prohibited, includingtheuse of medical ma rijuana whether a medical marijuana card is issued or not. Non compliance by anyoneassociatedwith User event will result in immediateremoval fromthe residence hall, and dismissal from participation in activities on University property The University operates under a no tolerance policy and will also report any instances of substance abuse, possession, or saleto local law enforcement for possible prosecution vii Elevators Elevators exist in some University fa ci litres for the conveni ence of participants and their guests, and mai nlythose with di sa bilities Elevators must be used properly Misuse may result in temporary loss of service and/or a service chargefor repairs resulting from that misuse Notify a University staff member immediately if an elevatorfailureoccurs vin FireSafety All University facilities a re equi pped with fi re safety systems All attendees must evacuate the build' ngimmediately when the fire alarm sounds Maps describing evacuation routes are posted within each facility User should familiarize all attendees with these routes Misuse or damage to fire safety equipment (sprinkler systems, s make detectors, fi re la rms, pull stations, fire exti nguishers, a nd fire hoses) i s strictly forbidden and will result in damage charges to the User and to prosecution ix Food. (outside of the Dining Hall) The University strongly discourages food and softdrinks in the dormitories,classrooms, and meeti ng venues that do not have kitchens Food and sugar filled sodas attractants and cockroaches The 100+ year old campus is located on the site of former citrus groves There is a massive ant population which is i mmediately drawn to open food and soda containers Crumbs also drawtheseinsects from other areas It is not unusual for ants to be found on the 3`d floor of dormitories and classrooms The Universitysprays routinely for these pests Your supportand dil igence in observingthis regulation will help make your visit an enjoyable one x Gambling Gambling of any nature is strictly prohibited on University property xi Harassment The University prohibits aggressive recruitmentthrough proselytizing selling, etc to any persons on the Universitycampus External clients including conferences, meeti ngs, or special events may not use aggressivetacticstoengagestudents,staff,orfaculty Failuretoabidebythispolicywillresultin immediate removal from the campus xii Language The useoffoul language and profanities isdiscouraged ata lltimes 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 atall times xiii Misconduct. The University reserves the right to evict any person or persons whose conduct is unacceptable by University standards xiv Pool Etiquette/Safety Rules. The University pool is used byall faculty, staff, students and guests of the University Itis expected that all users are respectful and courteous atalltimes Safety rules areclearly posted atthe entrance All rules must be followed atall times Failuretofol lowestablishedsafety procedures will result in a cancellation of pool privileges with no refund of the pool pass fees xv Public Safety. 1 University staff may enter any room, including any guest room, for the purpose of maintaining health and safety, for reasonable maintenance r ns pecti on, for repair or in any situation deemed by the University to be an emergency 2 University staff will requi re participants to remove any pet, bicycle or any item deemed by the University to be either hazardous or inappropriate to a group living envy ronment that is brought into the residence halls 3 For emergency situations, Public Safety should becalledat909 748-8888 from a cell phone or x8888 from an internal University phone xvi Pets. No pets of any kind may be brought into or kept in a University facility, with the exception of certified service ani mals Prior notification of the need ofserviceanimals 15 requested Page 9 of 12 Initial xvii Quiet Hours Quiet hours in all shared -use housing facilities are9 00 p m to 9 00 a m daily Radios, televisions, stereos and other such equipment must be operated so as not to disturb other guests in the building This is to be observed byalI attendees to ensure a peaceful and comfortable living environment xviii Room inspection All residence hall rooms arecarefullyinspectedto ensure proper care and maintenance both before and after occupancy Ifa maintenance problem should arise, please report itimmedi ately to the Event Services Department xix Smoking Smoking is prohibited in all University facilities, i ncluding residence halls Designated smoki ng areas areoutside xx Visitation All non-resident visitors within a residence hall are requi red to be escorted at ALL times by a residence escort University staff may requirethe User to request any participants or group of pa rti ci pa nts to I eave the residence hall (s) and/or University property if regulations/procedures specified in this Agreement areviolated xxi Windows. Window screens, where provided, are not to be removed for any reason User will becharged for each wi ndow screen removed or damaged VII FORCE MAJEURE. If either party is delayed, interrupted or prevented from the performance of its contractual obl igations by reason of an act of nature, fire, flood, war, public disaster, strikes or labor difficulties, governmental enactment, regulation or order, cavi I tumult, epidemic, or any other cause beyond its control, such pa rty s hall not be I i a ble to the other therefore, except, however that the User shall remain liable for all non -cancelable costs paid a nd/orcontracted by the University of Redlands beforethe event that occasioned the delay, interrupt! on, or prevention Non cancelable costs are defined as thi rd party costs for services already rendered or items already consumed VIII INSURANCE The User shall, at its own cost and expense, secureand marntain inforce atall times during which this Agreement is in effect policies of i ns urance that meet the mi ni mum requi rements of the University as described below a Commercial General Liability lnsurancefor personal bodily injury, wrongful death, and broad form property damage losses included, written on an occurrenceform, with limits asfollows 1 Each Occurrence $1,000,000 ii Products/Completed Operations Aggregate $1,000,000 iii Personal and Advertising Injury $1,000,000 iv Sexual Misconduct If in connection with this Agreement, User or invitees of User will include persons under the age of 18, then the General Liability insurancepolicy must provide coverageforsexual misconduct (including by definition sexual molestation, abuse, and harassment) with limits of no less than $1,000,000 per occurrence/$2,000,000 aggregate Note If the General Liabilitycoverage has anysub-limitsorexclusions inconsistent with the a bone that apply to coverage for sexual misconductthe Certificate of Insurance must define those I i mats or exclusions v General Aggregate $2,000,000 b The User must provide a Certificate oflnsurance or other evidence of 1 nsurancesatisfactoryto the University, with specific reference to 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 paragraph A above i By endorsement, the policy must refl ect, "the University of Redlands, its trustees, officers, employees, fa culty, a nd agents as an additional insured as their interest may appear with regard to the activity and/or operations under this Agreement " ii By endorsement, the policy must include a provision thatthe coverage will be primary and will not participate with nor be excess over any valid and collectible insurance ca rried or maintained by the University 111 It is agreed that the provisions under (i), and (li) above shall only apply in proportion to and to the extent of the negligent actor omissions of the User, its officers, agents, or employees iv By endorsement, the policy must reflectWaiver of Subrogationinfavorofthe 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 accompany the Certificate of insurance c Insurance maintained bythe User shall apply on a fi rst dollar basis Any deductible or self-insured retention shall not exceed $5,000 per occurrence, unless otherwise approved by the University The User herein acknowledg. s their res pons i bi lity for any losses tha t fa l I under a deductible or self insured retention Page 10 of 12 Initial Pag d It is agreed herein that the coverage,limits, and conditions referred tounder r,ii,rn,iv,v a bove s hall not in any way limitthe liability of the User The User shall furnish the University with Certificates oflnsuranceevidencing compliancewith all requirements 30 days prior to commencement of this Agreement Such certificates shall Provide for thirty(30) days advance written not ceto the University ofany modrfrcatron,change, or cancellation ofanyofthe above insurance coverage The Certificate of Insurance must refl ectwordi ng as follows "Should any of the described poi icies be ca ncel led or coverage and/or limits reduced or materially altered prior to the expiration datethereof the issuing insurer will mail30days written notice to the certificate holder named to the left" ii The above-described Certificate of Insurance will be due inthe Conference Services Office byMonday, June 10,2019 e Each rnsurancepolicy shall beissued byaninsurancecompany authorized todo business intheStateofCalifornia oreligrblesurpluslines insureracceptabletothe State and having agents in California to whom service of process may be made, and currently rated by A.M Best as "(A-) IX" or better The User shall providethe University with Certificates of Insurance i n conformance with the above requirements for any companies providing services to User in connection with this Agreement IX INDEMNIFICATIONS. User hereby assumes all responsibility for the safety and welfa re of guests duringthe event No illegal activities of anykindshall betoleratedonthe University of Redlands campus User shall defend, indemnify and hold harmless the University, its officers, agents and employees, from and against any and all liability, loss, expense (including reasonable attorneys' fees), or clai ms for injury or damages arising outofthe performance of this Agreement but only i n proportion to and to the extent such liability, loss, expense, attorney's fees, or cla i ms for i nlury or damages a re ca used by or res ultfrom the negligent or intentional acts or omissions of User, User's guests, or User's service providers User, if a charitable organization, association, corporation, entity or i ndividual, have ng or claiming i mmunity or exemption (statutory or otherwise) from I iabilityfor da mage or injury to property or person, hereby waives its rightto plead defensivelysuch i mmunity or exemption agar nstthe University X DISPUTE RESOLUTION In the event that a dispute arises under this Agreement, the following dispute resolution procedures will befollowed This Agreement will begoverned by the laws of the State of California, as applied to contracts made and to be performed inCalifornia Arbitration a All controversies, disputes or claims (including those based upon statute, tort or public policy and those brought against individuals or other entities) arising out of or rel atingtothis Agreement, the services to be performed under it, or the breach thereof, shall be determi ned by arbitration in accordance with the procedures established below b Arbitration must be i nitiated bya party providi ng the other party with a written demand to arbitrate and notice of selection of one arbitrator c Within five (5) calendar days of receipt of the written demand to arbitrate, the second party shall select one arbitrator and give notice of its choiceto the first party The two arbitrators so selected shall be unrelated to and unaffiliated in anyway with either of the parties Thetwo arbitrators so selected will together choose a third arbitratorwithin five (5)calendardaysafter the selectionofthe second In the event that the two are unableto agree upon a thi rd arbitrator, either party may petition the press di ngl udge of the San Bernardino County Superior Court, for the appoi ntment of a third arbitrator d Within five (5) calendar days after the sel ection or appointment of the third arbitrator each partyshallsubmrta proposed decision to the arbitrators with appropriatefnth mgs of fact and conclusions oflawtosupportthe proposed decision A copy of the proposed decision shall begiven to the other party and to all arbitrators e Withi n seven (7) calendar days after the submission of thetwo proposed decisions, the arbitrators will hold a hearingatwhichthe parties tothe dispute may submit evidence, and exami ne witnesses The arbitrators, if necessary, may i ss ue s ubpoenas upon the request of the parties to compel the testimony of third parties and; he Page 11 of 12 Initial Pa production of documents as provided in Section 1282 6 of the California Code of Civil Procedure There shall be no pre -hearing discovery, except for the foregoing Testimony shall be taken under oath and the parties may be 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 be final and binding upon the parties and may be entered as a judgment in a court of competent jurisdiction The arbitrators shall not have the authority to amend, modify or delete any provision of this Agreement g The costs of the arbitrators shall be split equally between the parties Each party shall bear its own cost of arbitration, including fees of its counsel XI NON DISCRIMINATION The parties agree to be bound by applicable state and federal rules governing Equal Employment Opportunity and Non Discrimination XII ENFORCEMENT. The University s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement XIII ENTIRE AGREEMENT This Agreement, and its accompanying Addendums, constitute the entire agreement between the University and User with respect to its subject matter and may be amended only by written notification between both parties Any and all other proposals, negotiations, promises, arrangements, or understandings, whether oral or written, made prior to this Agreement are hereby extinguished and considered null and void by both parties University and User guarantee that, except as set forth in this Agreement, no representatives, warranties, or promises have been made to each other by their respective agents, representatives, or employees with respect to this Agreement Neither User nor the University may assign their rights or obligations under this Agreement without the express written consent of the other party XIV MUTUAL AND BINDING AGREEMENT This Agreement, when signed and dated below by the respective authorized representatives of University and the User will be considered in force and legally binding on both parties The person(s) signing this Agreement shall have the authority to bind their respective organizations and agree to the terms and conditions herein Paul W Foster, Mayor City of Redlands ATTEST [ ne Donaldson, City Clerk ity of Redlands wW Mackenzie Dawes, Associate Director of Event Services University of Redlands Date Date 6/2 Vici SJza/zo�� Page 12 of 12 Initial Pa