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HomeMy WebLinkAboutContracts & Agreements_90-2021Organization Client Contact: Address. Phone Email RESA Mead, Chris 1270 W Park Ave Redlands CA 92373 (909) 556-6509 cmead@redlandspolice org UNIVERSITY OF University of Redlands Event Services 1200 East Colton Avenue PO Box 3080 Redlands, CA 92373 www redlands.edu/event-services events@redlands.edu (909) 748-8116 EVENT SERVICES AGREEMENT This is an agreement by and between the University of Redlands, a California nonprofit educational corporation with multiple campuses in California (the "University") and RESA , herein (the `User") Essentially, the User is agreeing to rent space from, and utilize the services of, the University on the terms and conditions specified in this agreement (the "Agreement") Agreement Issue Date May 26, 2021 Agreement Expiration Date: June 16, 2021 To give the User time to review, consider, and finalize this Agreement, the University will reserve the event dates and event spaces that are the subject of this Agreement until the Agreement Expiration Date as a courtesy to the User If the User has not returned the completed/executed Agreement, together with any required deposits and documents, the User understands that the University may release, and not hold, the dates and spaces Subject of this Agreement: RESA - 2020-ABGFAM RESERVATIONS Wednesday, July 07, 2021 12 01 AM - 11 59 PM Grossmont Hall (120) 07 00 AM - 08 30 AM Breakfast at The Table 08 00 AM - 10 00 PM Larsen Hall Rm 127 05 00 PM - 06 30 PM Dinner at The Table Thursday, July 08, 2021 Overall Expected Attendance 25 Overall Expected Attendance 25 Reserved from 06 00 AM to 11 00 PM Overall Expected Attendance 25 Overall Expected Attendance 25 Generated on May 26 2021 at 9:59 AM Page 1 of 19 RESA 2020-ABGFAM Thursday, July 08, 2021 12 01 AM - 11 59 PM Grossmont Hall (120) 07 00 AM - 08 30 AM Breakfast at The Table 08 00 AM - 10 00 PM Larsen Hall Rm 127 05 00 PM - 06 30 PM Dinner at The Table Friday, July 09, 2021 Overall Expected Attendance 25 Overall Expected Attendance 25 Reserved from 06 00 AM to 11 00 PM Overall Expected Attendance 25 12 01 AM - 11 59 PM Grossmont Hall (120) 07 00 AM - 08 30 AM Breakfast at The Table 08 00 AM - 10 00 PM Reserved from 06 00 AM to 11 00 PM Larsen Hall Rm 127 05 00 PM - 06 30 PM Dinner at The Table Saturday, July 10, 2021 12 01 AM - 11 59 PM Grossmont Hall (120) 07 00 AM - 08 30 AM Breakfast at The Table 08.00 AM - 10 00 PM Larsen Hall Rm 127 05 00 PM - 06 30 PM Dinner at The Table Sunday, July 11, 2021 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Reserved from 06 00 AM to 11 00 PM Overall Expected Attendance 25 Overall Expected Attendance 25 12 01 AM - 11 59 PM Overall Expected Attendance 25 Grossmont Hall (120) Generated on May 26 2021 at 9:59 AM Page 2 of 19 RESA 2020-ABGFAM Sunday, July 11, 2021 0700AM-0830AM Breakfast at The Table 0800AM-1000PM Larsen Hall Rm 127 05 00 PM - 06 30 PM Dinner at The Table Monday, July 12, 2021 Overall Expected Attendance 25 Reserved from 06 00 AM to 11 00 PM Overall Expected Attendance 25 12 01 AM - 11 59 PM Grossmont Hall (120) 07 00 AM - 08 30 AM Breakfast at The Table 08 00 AM - 10 00 PM Reserved from 06 00 AM to 11 00 PM Larsen Hall Rm 127 05 00 PM - 06 30 PM Dinner at The Table Tuesday, July 13, 2021 12 01 AM - 11 59 PM Grossmont Hall (120) 07 00 AM - 08 30 AM Breakfast at The Table 08 00 AM - 10 00 PM Larsen Hall Rm 127 05 00 PM - 06 30 PM Dinner at The Table Wednesday, July 14, 2021 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 25 Reserved from 06 00 AM to 11 00 PM Overall Expected Attendance 25 Overall Expected Attendance 25 12 01 AM - 11 59 PM Overall Expected Attendance 25 Grossmont Hall (120) 07 00 AM - 08 30 AM Overall Expected Attendance 25 Breakfast at The Table Generated on May 26 2021 at 9:59 AM Page 3 of 19 RESA 2020-ABGFAM Wednesday, July 14, 2021 08 00 AM - 10 00 PM Reserved from 06 00 AM to 11 00 PM Larsen Hall Rm 127 05 00 PM - 06 30 PM Dinner at The Table 05 00 PM - 08 00 PM Reserved from 04 00 PM to 09 00 PM Casa Loma Room Overall Expected Attendance 25 Overall Expected Attendance 25 Overall Expected Attendance 50 This space intentionally left blank. Generated on May 26 2021 at 9:59 AM Page 4 of 19 RESA 2020-ABGFAM FINANCIALS List Price Adjustment Sub Total for Jul 07 - Jul 14 Grossmont Hall (120) $38,400 00 (100%) Larsen Hall Rm 127 Custodial - COVID UofR Sponsorship $ 00 $.00 List Price Adjustment Sub Total for Jul 07 - Jul 14 $8,000 00 (100%) UofR Sponsorship $ 00 $311 12 $311 12 Service Fee (5%) for 4 hours for 4 days $70 00 Casa Loma Room Custodial - COVID $311 12 $70 00 $70 00 List Price Adjustment Sub Total for Jul 14 - Jul 15 $3,500 00 (100%) UofR Sponsorship $ 00 $98 96 $98 96 Service Fee (5%) $175 00 $98.96 $175 00 $175 00 List Price Adjustment Sub Total for Jul 07 - Jul 14 Conference - Standard Breakfast $2,010 00 (100%) Harvest Table Sponsorship $ 00 ($10 05) Conference - Standard Dinner ($12 35) $2,470 00 $2,470 00 $2,470 00 TOTAL MINIMUM INITIAL PROJECTED AMOUNT $3,125 08 Non -Refundable Reservation Deposit (25%) $781 27 Minimum Revenue Requirement (80%) $2,500.06 This space intentionally left blank. Generated on May 26 2021 at 9:59 AM Page 5 of 19 RESA 2020-ABGFAM I RESERVATION The University will reserve the venue(s), housing, food service plans, equipment, and services as outlined in this Agreement. User's reservation must include the time needed for pre -event preparations and post -event cleanup, including any time needed by User's external vendors Should additional venues, housing, food service plans, equipment, or services be requested, the User must submit to the University a written request for the adjustment. Requests for additional reservations are not guaranteed, but will be accommodated when possible If the University is able to accommodate the additional reservations an addendum to this Agreement will be issued A reservation becomes effective after (a) the Agreement is signed by both the University and the User and (b) the University has received a non-refundable reservation deposit in the amount of 25% of the total minimum initial projected amount specified in the Agreement II. VENUE(S) The University has venues that may be available for rental throughout the year Fees for venue rentals include only (a) exclusive use of the reserved venue during the reserved days/times and (b) existing tables and chairs available from the University's inventory and located in the venue Other equipment and services may be arranged with additional costs If the User wants the venue(s) set up in a particular way, the User must submit to Event Services a written request specifying the room set-up specifications and/or diagrams no less than twenty-one (21) days prior to the first day of guest arrival Any set-up specifications submitted less than twenty-one (21) days prior to the first day of guest arrival will be accommodated if possible, but are not guaranteed Although it is rare, and the University seeks to avoid any changes, the University reserves the right to change specific venue assignments as necessary for University business If a change becomes necessary, the University will move the event/function to a comparable and adequate venue on the University campus and will communicate any such changes to the User in a timely manner Although collaboration between the University and the User is expected, the University reserves the right to make the final decision concerning the suitability of holding a function outdoors or relocating to an indoor space due to inclement weather (including excessive heat and/or poor air quality), construction, or other unforeseen circumstances In the event a function is moved, the University agrees to provide directions and assistance on the alternate location The University of Redlands strives to be inclusive of all individuals with disabilities and/or limited mobility of varying degrees on our campus Despite our efforts to be inclusive, some buildings and other venues are not fully accessible because of the age of the building/venue To provide for all individuals, it is imperative that the User communicates as early as possible in the planning process with regard to attendees with special needs (including housing) Strong pre -planning will allow us to create a program that meets the needs of your entire group with the venues that are available III HOUSING When residence halls and/or apartments are included in a reservation, the following terms and conditions will apply A. Specific Residence Hall/Apartments Although it is rare, and the University seeks to avoid any changes, the University reserves the right to change specific residence hall/apartment assignments as necessary for University business If a change becomes necessary, the University will provide comparable residence hall/apartment space and will communicate any such changes to the User in a timely manner B Check -In and Check -Out Check -in and check-out times and locations must be arranged and approved by Event Services no less than twenty-one (21) days prior to the first day of guest arrival C Rooming List A FINAL rooming list of all guests must be submitted to Event Services no less than fourteen (14) days Generated on May 26 2021 at 9:59 AM Page 6 of 19 RESA 2020-ABGFAM prior to the first day of guest arrival The FINAL rooming list must include the following each guest's (1) first and last names, (2) arrival and departure dates, and (3) room assignment. The University will provide hall charts and diagrams for the User to make room assignments Room changes are handled by the User's conference registrar, event planner, or representative and must be reported to Event Services All rooming lists must be legible and include participants' first and last names The University may, in its sole discretion, reassign any guest within the residence halls/apartments to a comparable room The User will not be charged for any room assignment initiated by the University unless it is due to guest behavior D Safety Requirements To meet fire codes and ensure personal safety, room capacities in the residence halls shall be limited to no more than the number of 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 residence hall or apartment. E Righ of Entry The University reserves the right to enter any housing provided to the User pursuant to this Agreement to inspect the premises for the purposes of maintaining health and safety, for reasonable maintenance inspection, for repair, or in any situation deemed by the University to be an emergency Under no circumstances shall the University enter a room for any reason other than health, safety, maintenance and repair, emergency, or compliance with University policies without prior notification to the User F After Hours Any questions or services required after hours will be handled by the University's Public Safety Department All calls for assistance should be made to Public Safety at 909-748-8888 G Linens Linens are available to rent at $18 00 per packet, per seven (7) day period Each linen packet includes a flat and fitted sheet, pillowcase, blanket, bath towel, and wash cloth Linens must be ordered no less than fourteen (14) days prior to the first day of guest arrival and cannot be added after this date IV FOOD SERVICE PLANS When food service plans are included in a reservation, the following terms and conditions will apply A Exclusive Provider The University has an exclusive contract with Harvest Table Culinary Group ("Harvest Table") for all food and beverage services on the University's Redlands campus No external food or beverages may be brought on the Redlands campus without prior written approval from Harvest Table and Event Services B Regular Dining Hours at The Table a September -May Monday -Thursday Breakfast 07 00 AM-09 30 AM, Lunch 10 45 AM-01 30 PM, and Dinner 05 00 PM-07 30 PM Fridays Breakfast 07 00 AM-09 30 AM, Lunch 10 45 AM-01 30 PM, and Dinner 05 00 PM-06 45 PM Saturday -Sunday Brunch 10 00 AM-02 00 PM and Dinner 05 00 PM-06 30 PM Generated on May 26 2021 at 9:59 AM Page 7 of 19 RESA 2020-ABGFAM b June -August Breakfast 07 00 AM-08 30 AM, Lunch 11 30 AM-01 00 PM, and Dinner 05 00 PM-06 30 PM C Standard Meal Plans Prices specified in the Agreement reflect the standard meal plans at The Table in The Irvine Commons ("The Table") Harvest Table needs a guarantee of fifty (50) guests to open The Table If User is below fifty (50) guests there will be a surcharge on each meal A surcharge will be determined based on User guest numbers, along with other potential users or diners eating during User's stay D Meal Passes If requested, meal passes will be supplied by the University to the User These passess are programmed for the requested dates and meal plans If a meal pass is lost, Event Services must be notified immediately to cancel the pass and have a new pass issued A.replacement fee will be incurred for each new pass E Final Guarante for Standard Meal Plan User must submit a FINAL GUARANTEE for standard meal plans to Event Services no less than twenty-one (21) days prior to the first day of guest arrival User can have no more than three (3) different standard meal plan configurations Should the User's numbers increase after the FINAL GUARANTE has been given, contact Event Services to update Numbers for standard meal plans may not be reduced once the FINAL GUARANTEE is received for any reason including, but not limited to, guests who do not show up and use their standard meal plan or additional meal events that change the number of guests using their standard meal plan F Harvest Table Debit Cards Harvest Table debit cards may be issued at the User's request and have a specific value associated with each card The User will only be charged for the value charged to the cards If User wishes to order cards, notify Event Services of the number of cards ordered and the monetary value to be placed on each card no less than twenty-one (21) days prior to the first day of guest arrival If a card is lost, Event Services must be notified immediately to cancel the card and have a new card issued A replacement fee will be incurred for each new card G Catering Catering arrangements, including any financial obligations, must be made directly between the User and Harvest Table The University is not involved in catering arrangements and does not accept responsibility for catering It is the responsibility of the User to notify the University as to which standard meals will be provided at The Table and which meals will be handled through a Harvest Table catered event. Under no circumstances will the University accept responsibility for miscommunication or overlap of guaranteed numbers as they relate to meal cards and/or catered events User accepts all responsibility for guaranteed numbers given for either meal cards or catered events H Alcoholic Beverages The possession or consumption of alcoholic beverages by anyone under the age of twenty-one (21) is prohibited by California law Harvest Table Culinary Group (Harvest Table) is the only organization that is permitted to bring to or have alcohol available for an event at the University Harvest Table carries the appropriate liquor licenses and requires state regulated training for bartenders and wait staff that handle alcohol Harvest Table requires a minimum of thirty (30) days advanced notice of a bar/alcohol request. In order to serve alcohol at an outdoor venue, perimeter fencing must be provided at the User's expense The perimeter fence must be diagramed by Event Services and submitted to Harvest Table for approval a minimum of thirty (30) days prior to the event date Once the diagram is approved, changes cannot be made Generated on May 26 2021 at 9:59 AM Page 8 of 19 RESA 2020-ABGFAM Should the University or Harvest Table determine any User or User's guest has brought any type of alcohol onto the premises without prior written approval, or allows any minor to consume any alcoholic beverage, the university or Harvest Table reserves the right to close the bar immediately and/or terminate the function entirely at the User's expense User shall be responsible for providing transportation for the safety and well-being of all guests In addition, the User will be responsible for all fines, loss of business, assessments, and liability of any nature as a result of the above Alcohol is not permitted in the residence halls Violation of this Agreement may result in the immediate removal of the guests from the residence hall at the University's sole discretion V ADDITIONAL SERVICES AND/OR EQUIPMENT Sometimes Users arrange for additional services or equipment from the University that are not included in the venue rental rates Common services or equipment include audio-visual services or equipment, IT services, printing services, or use of the University's Outdoor Programs equipment Additional services and equipment must be specifically arranged and agreed upon VI FINANCIAL TERMS AND CONDITIONS The following financial terms and conditions apply to this Agreement A. Minimum Revenue Requirement User will be billed a Minimum Revenue Requirement which is determined by adding the total dollar values of the Venues, Housing, Food Service, and other billable expenses which equal the Total Minimum Initial Projected Amount, and multiplying this figure by 80% User understands and fully accepts the Minimum Revenue Requirement due to the University no matter the actual number of guests or spaces and equipment used Final invoices will be calculated based on the criteria detailed below, and will be whichever is greatest of the following 1 The Minimum Revenue Requirement, plus Additional Charges as outlined below Under no circumstances with the User be charged less the Minimum Revenue Requirement. 2 The final requested room set-up specifications and/or diagrams of all needed venues (submitted twenty-one (21) days prior to the first day of guest arrival), the final rooming list of all guests (submitted fourteen (14) days prior to the first day of guest arrival), and the final guarantee for standard meal plans (submitted twenty-one (21) days prior to the first day of guest arrival) if greater than actual numbers, plus Additional Charges as outlined below 3 The actual number of guests, venues, housing, and food service plans if higher than final guarantees, plus Additional Charges as outlined below B Service Fee The User understands and agrees that the University adds a service fee of five percent (5%) to the final billable amount for all events C Payment Payment may be made by credit card or a check (made payable to "University of Redlands") Payment should be sent to the following address University of Redlands Event Services Department 1200 East Colton Avenue Redlands, CA 92373 A $25 00 fee will be assessed for returned checks Questions regarding billing should be addressed with Event Services Generated on May 26 2021 at 9:59 AM Page 9 of 19 RESA 2020-ABGFAM D Deposit Payment The reservation that is the subject of this Agreement becomes effective when both the Agreement is fully executed and when the University receives payment a deposit (see above) Deposits are non-refundable The deposit will be applied to the User's full invoice or to any cancellation fee that may apply E Payment Schedule Following the conclusion of the event, the University will mail to the User a final invoice that captures any unpaid balances/amounts and any charges incurred during the event as provided for in this Agreement The User agrees to pay any invoice within thirty (30) days after receipt of the invoice Failure to pay the balance due as stated on the invoice within thirty (30) days of the invoice date will result in late fees being charged at a rate of 5% every fourteen (14) days The User specifically agrees to be responsible for any and all charges levied consistent with this Agreement, including but not limited to late fees F Additional Charges 1 Damages The User is responsible for all damages caused by User, User's guests/attendees, and/or User's service providers Reasonable wear and tear is not considered to be "damages " Should damages occur, the University will provide as much detailed information concerning the location of damages and, if possible, the date and time they occurred (or were discovered) along with a photograph All decisions regarding damages are unilaterally made by the University which is under an obligation to exercise that discretion in a reasonable manner The User agrees to respect the University's unilateral judgments about damages 2 Cleaning Each User (and User's service providers) will be responsible for general cleanup All decorations must be removed prior to departure All trash must be placed in the trash receptacles in or near the contracted venue(s) Any glass breakage is to be swept up and removed from the premises Any plates, bottles, or linens on lawns are to be picked -up Rental items from service providers must be removed upon departure No rental items are to be left on University property overnight. A minimum charge of $300 00 will be assessed to the User for rental items left by User or service providers in any venue or University location The University is not responsible for the delivery, storage, or protection of any property, items, or material goods left in the venue or on University property The standard rental of any venue on campus includes a basic "light -cleaning" (which includes vacuuming venue and sanitizing of bathrooms), both before and after the event No additional fees will be charged for this basic cleaning as it is included in the rental fee Cleaning that is required that goes beyond light cleaning will be billed to the User at the hourly cleaning rate then in effect. All decisions regarding the necessity of cleaning are unilaterally made by the University which is under an obligation to exercise that discretion in a reasonable manner The User agrees to respect the University's unilateral judgments about cleaning 3 Services or Equipment from the University Services or Equipment ordered through the University including, but not limited to, Audio -Visual Services or Equipment, IT Services, Printing Services, and Outdoor Programs equipment will incur additional charges. 4 Services or Equipment from Outside the University Sometimes Users need services or equipment that are not available from the University User accepts financial responsibility for any and all services or equipment rentals obtained from providers outside the University whether the User arranges for these services or equipment directly or whether the services or equipment are arranged by the University on behalf of the User as a courtesy (and at the User's direction) Generated on May 26 2021 at 9:59 AM Page 10 of 19 RESA 2020-ABGFAM 5 Room Setup Changes or Late Submissions Rental fees include University setup and take down service for the existing tables and chairs based on University inventory limits for the reserved venues If the User changes the setup or arrangement after the final venue setup is submitted (or if the setup is submitted late), the University reserves the right to charge the User a late fee of up to $200 00 per day for each day beyond requested room set-up specifications and/or diagrams due date 6 Time Charges User's reservation must include the time needed (including time for User's venders) for set-up and tear -down If the User exceeds the time limits established in the Agreement, the User understands and agrees that the User will be billed for the additional rental time, rounded up to the next hour, at a rate established in the Agreement (the rate for extra -contractual time will be a minimum of 150% of the average hourly cost of the rental) 7 Late Housing Lists The University reserves the right to charge the User a late fee of up to $200 00 per day for each day beyond the FINAL rooming list due date until the User's rooming list is received by the University — outlined in HOUSING, Rooming List. 8 Lost Keys Keys lost during the event or not returned during check-out or within eight (8) hours after check-out will be assessed a fee of $50 00 each for residence hall/apartment keys Master keys lost during the event or not returned during check-out or within eight (8) hours after check-out will be assessed a fee of $500 00 each There are NO exceptions to the return timeline 9 Pool Passes Pool passes are available at a cost of $10 00 per guest. Pool passes are valid for a seven (7) day period The availability of pool passes is contingent upon the pool being open during the User's event and pool passes must be used during the posted hours for general usage Any guest using the pool who is under the age of sixteen (16) years must be accompanied by a responsible adult who also has a pool pass 10 Fitness Center Passes Fitness Center passes are available at a cost of $10 00 per guest. Fitness Center passes are valid for a seven (7) day period The availability of Fitness Center passes is contingent upon the Fitness Center being open during the User's event and Fitness Center passes must be used during the posted hours for general usage Fitness Center usage is restricted to persons eighteen (18) years or older VII. TERMINATION/CANCELLATION A. Termination of Agreement by the University The University does not have the right unilaterally to cancel this Agreement or terminate its obligations under the Agreement absent a force majeure event. B Termination of Agreement by the User User must give written notice of any event cancellation or termination of the Agreement. A cancellation that is received by the University more than ninety (90) days prior to the event date will result in a forfeiture of the deposit User made, together with any costs already incurred to outside vendors A cancellation that is received by the University ninety (90) days or less before the event date will result in a forfeiture of the entire cost of the event as specified in the Agreement, together with any costs already incurred and agreed to by User Rescheduling an event is considered the same as cancellation and is subject to the above policy Generated on May 26 2021 at 9:59 AM Page 11 of 19 RESA 2020-ABGFAM VIII. INSURANCE The University requires all non -university events to carry comprehensive general liability insurance A certificate of insurance can be purchased through Marsh, the University of Redlands special event insurance partner The cost is based upon the type of event and number of expected guests, with more details provided at www marshcampus com A certificate of insurance can also be obtained through an existing business or homeowner's insurance company Most insurance companies will provide a rider policy for the day of the event for a nominal fee This service works for events that are personal in nature - i e weddings, parties, anniversaries, graduation parties, etc. Comprehensive General Liability insurance must list the University, its Officers, Employees, and Trustees as additional insured on a primary and non-contributory basis A certificate of insurance should be issued by the carrier in the amount of $1,000,000 for each occurrence and $2,000,000 for general aggregate The certificate of liability insurance must be received by the University thirty (30) days from the Agreement date If in connection with this Agreement, User or guests of User will include persons under the age of eighteen (18), then the General Liability insurance policy must provide coverage for sexual 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 Liability coverage has any sub -limits or exclusions inconsistent with the above that apply to coverage for sexual misconduct the Certificate of Insurance must define those limits or exclusions If the event includes the use of an automobile for the purposes of the activity, automobile insurance is required If the client is bringing workers on campus for the event, workers comp is required at the state -mandated limits Each insurance 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 having agents in California to whom service of process may be made, and currently rated by A.M Best as "(A-) IX" or better VIX. FORCE MAJEURE If either party is delayed, interrupted or prevented from the performance of its contractual obligations by reason of an act of nature, fire, flood, war, public disaster, acts of terror, strikes or labor difficulties, governmental enactment, regulation or order, civil tumult, pandemic, epidemic, telecommunications failures, network or power failures or interruptions, or any other cause beyond its control, such party shall not be liable to the other therefore, except, however that the User shall remain liable for all non -cancelable costs paid and/or contracted by the University of Redlands before the event that occasioned the delay, interruption, or prevention Non -cancelable costs are defined as third party costs for services already rendered or items already consumed X. MISCELLANEOUS A. Bicycles Bicycles may not be brought into or kept in residence halls Ample parking for bicycles is available near each residence hall The University is not responsible for the security of bicycles Motorbikes are not permitted inside any building B Cooking Appliances Guests may not bring their own refrigerator or microwave Guests may bring and use in their rooms, coffee makers with an automatic shut-off Appliances which have an open coil or use hot oil are not allowed in residence halls C Decorations Users may only decorate the venue(s) reserved within this Agreement. Users may not attach tape, florist clay, tacks, screws, nails, or any other adhering devise to any indoor or outdoor property at the University Decorations may be attached by using reusable all surface poster tack (painter's tape) User may not attach decorations to antique furniture, ceiling fixtures, windows, or doors No items can be attached to or block vision of emergency exit signs No items, including pictures, may be removed from walls or shelves in any area of the University If directional signs are posted outdoors, they must be placed by the Event Services office Use of confetti, straw, bird seed, rice, silly string, powder, sparklers, glitter, or smoke machine is strictly prohibited Generated on May 26 2021 at 9:59 AM Page 12 of 19 RESA 2020-ABGFAM No open flames of any kind may be used at outdoor events Only votive candles and hurricane lamps are allowed in indoor venues Users must place protective drip plates under candles Any decorations, flower arrangements, or additional items brought in by the User must be removed at the conclusion of the event. Failure of the User, their guests, or service providers to abide by the building and/or decorating policies may result in additional fees for damage or excessive cleaning D Drugs User and User's guests' involvement in the use, possession, distribution, or sale of illegal drugs or narcotics is strictly prohibited, including the use of medical marijuana whether a medical marijuana card is issued or not. Non-compliance by anyone associated with the User will result in immediate removal from the 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 sale to local law enforcement for possible prosecution E Elevators Elevators exist in some University venues for the convenience of guests Elevators must be used properly Misuse may result in temporary loss of service and/or a service charge for repairs resulting from that misuse Notify the University immediately if an elevator failure occurs F Fire Safety All University venues are equipped with fire safety systems All attendees must evacuate the building immediately when the fire alarm sounds Maps describing evacuation routes are posted within each venue User should familiarize all attendees with these routes Misuse or damage to fire safety equipment (sprinkler systems, smoke detectors, fire alarms, pull stations, fire extinguishers, and fire hoses) is strictly forbidden and will result in damage charges to the User and to prosecution G Food Outside of the Irvine Commons The University strongly discourages food and soft drinks in the dormitories, classrooms, and meeting venues that do not have kitchens Food and sugar -filled sodas attract ants and cockroaches The 100+ year old campus is located on the site of former citrus groves There is a massive ant population which is immediately drawn to open food and soda containers Crumbs also draw these insects from other areas It is not unusual for ants to be found on the 3rd floor of dormitories and classrooms The University sprays routinely for these pests Your support and diligence in observing this regulation will help make your visit an enjoyable one H Gambling Gambling of any nature is strictly prohibited on University property I Harassment The University prohibits aggressive recruitment through proselytizing, selling, etc. to any persons on the University campus External clients including conferences, meetings, or special events may not use aggressive tactics to engage students, staff, or faculty Failure to abide by this policy will result in immediate removal from the campus Additionally, illegal harassment based on protected characteristics also is, of course, prohibited and grounds for immediate removal J Internet Requests for internet access for User and User's attendees while on campus must be submitted, in writing, to the University Typically, internet access can be arranged without additional cost, internet access is not guaranteed If internet access is essential for the event, such access must be specifically requested and arranged in advance at an additional cost. Failure to submit a request in advance may, on occasion, result in inability to provide access to campus Internet. Internet access is also available on campus computers, including in Computer Labs and the Library during hours when available to the public Children under the age of eighteen (18) may not be left in any computer lab without supervision Generated on May 26 2021 at 9:59 AM Page 13 of 19 RESA 2020-ABGFAM The campus wireless network is a common means for people to access internet services Due to its over -the -air nature, wireless communications are vulnerable to intrusive attacks The University accepts no responsibility for the safety of information downloaded by the User or any individual associated with the User 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's attendees. K. Language The use of foul language and profanities is discouraged at all times 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 at all times L. Minors (under the age of eighteen (18)) All groups whose participants are under the age of eighteen (18) must adhere to the following requirements for supervision of minors 1 User must provide adult, live-in advisors at a ratio of at least one (1) adult advisor for every ten (10) minor participants 2 User must provide adequate training and orientation for these advisors a 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 minors' arrival b The duties of advisors shall be clearly and explicitly defined and must include the following minimum duties i Knowing minors to the extent that they can be identified and called by name Assisting them with problem solving and accounting for their presence, health and safety ii Being present and available and actively monitoring participant activity in ALL CAMPUS LOCATIONS at ALL TIMES when minors are present iii Enforcing User's and University's rules iv At check -in, the User must provide the University with the name(s) and phone number(s) of the adult sponsor(s) responsible for the User's minors at the University Additionally, User must provide the University with a 24-hour contact number for a designated live-in advisor for the group While this responsibility may be shared by all 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 all times Medical Consent Forms Prior to check -in, the User must have in its possession, medical consent forms for all minors These forms must be signed by the participant's parent or legal guardian An authorized medical consent form is required before medical treatment can be administered to any minor All decisions regarding medical treatment for any of the User's minors are the sole responsibility of the User and the User's live-in advisors M Misconduct The University reserves the right to evict any person or persons whose conduct is unacceptable by University standards N Packages User will inform the 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 information, in addition to the designated mailing address for proper handling User group and person's name, Attention Event Services Please check with the university before shipping packages to confirm that the correct shipping address is being used Generated on May 26 2021 at 9:59 AM Page 14 of 19 RESA 2020-ABGFAM Do not send materials more than seven (7) 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 seven (7) days in advance of your event may be returned at the User's expense Also, at the User's own expense, arrangements must be made for the return shipping of any surplus materials The University reserves the right to discard any materials not removed within seven (7) days after your scheduled departure date The University is not responsible for mislabeled packages, lost packages, or damages to items shipped, or left for pick-up to/at the University O Parking Vehicle parking on University property is governed by the University's Department of Public Safety All parking for the event is subject to guidelines established by the Department of Public Safety Parking permits are not required, but all state, local, and campus parking laws/policies must be followed User and User's attendees assume all responsibility for vehicles parked on University property Under no circumstances is the University responsible for damage to any vehicle while located on University property P Personal Property The University assumes no responsibility for loss, theft, or damage to personal property belonging to the User or to any of the User's guests Guests who believe they have left personal effects behind may contact Public Safety or Event Services While the University attempts to return personal effects to their proper owners, it cannot assume responsibility for any item found at a venue To prevent loss, participants should reclaim their personal effects from the University as soon as possible The University cannot hold items longer than fourteen (14) days after the last day of conference residency All shipping charges associated with the return of property to the User or a User attendee will be the responsibility of the individual The University will not assume the cost of shipping any item back to its original owner/location Q Pets No pets of any kind may be brought into or kept in a University venue Emotional Support Animals (ESAs) are also not permitted Under Fair Housing Act/HUD guidelines, ESAs must be permitted in a qualifying individual's permanent residence Because guests are staying in temporary housing on the University of Redlands campus, the University campus does not become a "residence" and thus ESAs are not permitted Service animals that accomplish tasks for a disabled person are the only animals permitted on campus during events Prior notification of the need of service animals is requested R. Pool Etiquette/Safety Rules The University pool is used by all faculty, staff, students and guests of the University It is expected that all users are respectful and courteous at all times Safety rules are clearly posted at the entrance All rules must be followed at all times Failure to follow established safety procedures will result in a cancellation of pool privileges with no refund of the pool pass fees S Public Safety University staff may enter any room, including any guest room, for the purpose of maintaining health and safety, for reasonable maintenance inspection, for repair or in any situation deemed by the University to be an emergency University staff will require participants to remove any pet, bicycle, or any item deemed by the University to be either hazardous or inappropriate to a group living environment that is brought into the residence halls For emergency situations, Public Safety should be called at 909-748-8888 Generated on May 26 2021 at 9:59 AM Page 15 of 19 RESA 2020-ABGFAM T Publications and Sales Before the User prints or distributes any publication or other material in which the University venues and/or services are mentioned, or in which any University venues are pictured, User must send a draft of such proposed publication to the University for written approval in order to ensure that University services and venues are properly represented The name "University of Redlands" as well as all University logos and trademarks are the sole property of the University These may not be used without prior consent from the University Before the User or User's service providers attempt to sell any merchandise on University property, the User must first obtain written approval from the University U Quiet Hours Quiet hours in all shared -use venues are 09 00 PM-09 00 AM daily Radios, televisions, stereos, and other such equipment must be operated so as not to disturb other guests This is to be observed by all guests to ensure a peaceful and comfortable living and learning environment V Smoking The University is entirely non-smoking User is responsible for making guests and service providers aware of and in compliance with the no smoking policy Cleaning charges will be assessed if there is evidence of smoking in any venue W University Rules and Policies Any individual or organization renting venues at the University must abide by and conform with all applicable University rules, policies, and regulations The User shall be responsible to make guests, their service providers (event planners, wedding coordinators, musicians, photographers, DJs, rental deliveries, etc ), and other concerned parties aware of and abide by University policies and regulations X Visitation All non-resident visitors within a residence hall are required to be escorted at ALL times by a resident of that residence hall University staff may require the User to request any participants or group of participants to leave the residence hall(s) and/or University property if regulations/procedures specified in this Agreement are violated Y Windows Window screens, where provided, are not to be removed for any reason User will be charged for each window screen removed or damaged XI. EXTERNAL SERVICE PROVIDERS User, or a representative of User, must be on the premises when external service providers are on campus and must be available to accept deliveries All external service providers (rental companies, florists, musicians, etc.) that are contracted directly with User are the sole responsibility of the User Service providers arranged by the University will be managed by the University All service providers, regardless of how they are engaged, must provide a certificate of liability insurance as outlined in INSURANCE XII INDEMNIFICATIONS User hereby assumes all responsibility for the safety and welfare of guests during the event No illegal activities of any kind are permitted on the University of Redlands campus User shall defend, indemnify and hold harmless the University, its trustees, officers, agents, and employees from and against any and all 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, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of User, User's guests, or User's service providers Generated on May 26 2021 at 9:59 AM Page 16 of 19 RESA 2020-ABGFAM User, if a charitable organization, association, corporation, entity or individual, having or claiming immunity or exemption (statutory or otherwise) from liability for damage or injury to property or person, hereby waives its right to plead defensively such immunity or exemption against the University XIII. COMPLIANCE WITH STATE AND LOCAL LAWS AND REGULATIONS Individuals and/or organizations renting venues at the University shall comply with all laws — federal, state and local — includin.g all ordinances of the City of Redlands All rules, regulations, and requirements of the police and fire departments shall be observed If requested by the University, any permit, license or tax required for any activity shall be purchased/paid by the User and made available to the University It is also the responsibility of the User to determine which laws and ordinances apply to the activity of the User and to ensure compliance with same Should any violation be found to exist, User hereby assumes all responsibility for correcting or removing such violation XIV DISPUTE RESOLUTION In the event that a dispute arises under this Agreement, the University and User agree first to attempt to work out their differences with each other in good faith If the matter cannot be resolved through good faith efforts, the parties agree to submit the matter to binding arbitration as follows below This Agreement is governed by the laws of the State of California, as applied to contracts made and to be performed in California Arbitration 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 relating to this Agreement, the services to be performed under it, or the breach thereof, shall be determined by arbitration in accordance with the procedures established below Arbitration must be initiated by a party providing the other party with a written demand to arbitrate and notice of selection of one arbitrator 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 choice to the first party The two arbitrators so selected shall be unrelated to and unaffiliated in any way with either of the parties The two arbitrators so selected will together choose a third arbitrator within five (5) calendar days after the selection of the second In the event that the two are unable to agree upon a third arbitrator, either party may petition the presiding judge of the San Bernardino County Superior Court, for the appointment of a third arbitrator Within five (5) calendar days after the selection or appointment of the third arbitrator, each party shall submit a proposed decision to the arbitrators with appropriate findings of fact and conclusions of law to support the proposed decision A copy of the proposed decision shall be given to the other party and to all arbitrators Within seven (7) calendar days after the submission of the two proposed decisions, the arbitrators will hold a hearing at which the parties to the dispute may submit evidence and examine witnesses The arbitrators, if necessary, may issue subpoenas upon the request of the parties to compel the testimony of third parties and the 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 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. 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 XV NON-DISCRIMINATION The parties agree to be bound by applicable state and federal rules governing Equal Employment Opportunity and Non -Discrimination Generated on May 26 2021 at 9:59 AM Page 17 of 19 RESA 2020-ABGFAM XVI 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. XVII. PREVAILING LANGUAGE In the event that the language in this Agreement conflicts with any language in any other documents related to this Agreement, the language in this Agreement shall prevail XVIII. 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 This space intentionally left blank. Generated on May 26 2021 at 9:59 AM Page 18 of 19 RESA 2020 ABGJZT XIX. Mutual and Binding Agreement This Agreement, when signed and dated below by the respective authorized representatives of University and User will be considered in force and legally binding on both parties The User acknowledges reviewing and accepting the cancellation provisions The person(s) signing this Agreement shall have the authority to bind their respective organizations and agree to the terms and conditions herein The parties agree that the electronic signature, whether digital or encrypted, of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such parties to this Agreement RESA Signature Date Printed Name University of Redlands Signature Madcemite Dc wes Printed Name Signature Paul T Barich, Mayor Printed Name ATTEST e Donaldson, City Clerk (t° ILi 2O2i Date University of Redlands Event Services 1200 E Colton Ave PO Box 3080 Redlands, CA 92373 www.redlands.edu/event-services events@redlands edu (909) 748-8116 Generated on May 26 2021 at 9:59 AM Page 19 of 19