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FD Dominican University Nursing Dept (2)DOMINICAN UNIVERSITY of CALIFORNIA 1390 FACILITIES USE AND SERVICES AGREEMENT (Multi -Day Event) This Facilities Use and Services Agreement is made and entered into between Dominican University of California, herein called ("DUC"), and the City of San Rafael,, herein called Organization/Off-Campus Group ("OCG") on the dates January 121h and 13th, 2017. Event Name/Description: San Rafael Fire Department for use of the Simulation Center and, Simulation Staff Resources for a 2-dav Darainedic training, OCG Contact/Representative: Chief Christopher Gray San Rafael Fire Department Address: 1039 C Street San Rafael CA 94901 Telephone Number: 415-485-3304 Fax Number: 415-485-3177 Email Address: chris.,aray@citvofsanrafael.org Meeting Facilities: :Xiserved 'Meetittg'Space .r1�up:Specs .:- ` Actvityr:=; 13oitrs. Pee.gei:day:?.: .jt.'o'fD'ays Nursing N/A Paramedic Approximately N/A 2 days Simulation Training 8.00 a.m. until Center/Lab, 5:00 p.m. Meadowlands Tull Furniture that is needed beyond DUC's existing tables and chairs, can be rented from Big 4 Rents. OCG should contact Big 4 Rents directly at (877) 740-7444 to make arrangements. Big 4 Rents will bill OCG directly for delivery, set-up and pick-up. Audio/visual equipment that is needed beyond DUC's existing audio/visual equipment, can be rented from Corporate Media Senices (CMS). OCG .should contact CMS directly at (415) 457-9550 to make arrangements. CMS will bill OCG directly for delivery, set-up, and pick-up. Page 1 of 8 � -, - 0 $6 Pavment: In consideration for the facilities/services described herein, DUC agrees to waive the following estimated total fees: Estimated total expenses for Use of Facility: S NIA ESTIMATED TOTAL EXPENSES: S N/A FURNITURE DUC and Epicurean will supply indoor tables and chairs for up to 300 guests for events in DUC's dining hall. Epicurean will rent at OCG's expense, any additional furniture needed for the event. Epicurean will charge an additional fee for room set-up and will bill the OCG directly. Itis the responsibility of the OCG to contact the Epicurean Catering Manager to arrange for room set-up. EXTRA SERVICES Standard, routine services include use of facilities on an as is basis (for instance classrooms arranged in their normal manner.) Facility and equipment set-ups and breakdowns varying from the standard set-up are considered extra services and may be charged as such for the time required to furnish and perform them. USE OF FACILITIES Other than rooms where the OCG event is to be held, OCG's use of DUC facilities is limited during normal business hours to the Alemany Library, the Caleruega Dining Hall and the Conlan Recreation Center and Pool (if recreation fees have been paid for). FACILITIES RULES & REGULATIONS OCG is required to adhere to all DUC policies, regulations, guidelines, and all local, state and federal laws concerning health, safety and public order. All individuals will abide by California State law, federal law and Institution regulations regarding intoxicants, narcotics, alcohol and drugs. it is the Institution's policy, in accordance with state statutes, that alcohol may not be sold on Institution premises and may only be served by Bon Appetit, exclusively. OCG may not furnish, directly or indirectly, alcohol to minors (under 21 years of age). Firearms, weapons, ammunition, fireworks explosives and highly flammable materials are prohibited on DUC's campus. Except for service animals, animals are not allowed on campus. Ten days prior to the event, OCG must notify Institution if a service animal will be on campus. No alteration of the facilities is permitted (crucifixes, shields, or statues may not be removed or covered). All decorations must be approved by the Events Management Office prior to the event. The following are also not permitted on the DUC campus: o Candles, hot plates or similar appliances o Cooking in rooms other than those that have kitchens Page 2 of 8 o Movement of lounge or common area furniture into individual rooms o Gambling or solicitation in any form o Nails, staples, adhesives and tape on DUC property o Run wires, move ceiling tiles or hang items from ceilings SMOKING POLICY Smoking is only permitted outdoors in a specifically designated area in front of Pennafort Hall at 190 Palm Avenue, close to the sidewalk. Smokers using the designated smoking area must stay at least 30 feet away from any building. Violation of this policy shall constitute a material breach of this agreement, entitling DUC to immediately terminate the agreement. DUC maintains a smoke- free policy for all other areas on campus (indoor/outdoor) where the use of cigarettes, cigars, cloves, pipes, medical marijuana, and hookahs is prohibited. GARBAGE REMOVAL DUC's custodial service will empty garbage receptacles, daily. THIRD -PARTY EQUIPMENT OCG must obtain DUC's written permission prior to bringing any funushings or equipment on campus. In this case, the San Rafael Fire Department has permission to bring its own equipment for purposes of the paramedic training, such as medical supplies, defibrillator, stretchers, etc. GROUNDS Digging, staking or tampering with landscaping of any kind is prohibited. SOUND COMPLIANCE Because DUCis located in a residential area, amplified sound at DUC venues shall be limited to: a sound level of 50dBA between 9:00 a.m. and 9:00 p.m. and a sound level of 40dBA between 9:00 p.m. and 9:00 a.m. DUC reserves the right for campus security to monitor the volume level at an event. If the sound exceeds acceptable levels, Campus Security has DUC's authorization to request that sound levels be lowered, as necessary. Failure to cooperate will result in OCG terminating the event. In addition, future event bookings will not be accepted. PARKING, ATTENDANTS & TRAFFIC All Event Parking is located in the Grand Avenue parking lot at the Conlan Recreation Center at 1475 Grand Avenue (west side of Grand Avenue) and around the block in the Belle Avenue lot between the tennis courts and turf field. If the event has over 150 participants, the OCG must hire two parking attendants to assist with parking management. In this case, the Events Management Office will supply professional parking attendant vests and flashlights. If the OCG cannot provide parking attendants, it is the responsibility of the OCG to contact Barbier Security Service, DUC's campus security provider, at (415) 747-8473 to arrange for parking attendants to manage parking at the event. Page 3 of 8 DUC will not reserve parking for OCG's participants or staff. All OCG participants must follow ail DUC speed limits and parking regulations. OVERNIGHT CAMPING IN VEHICLES IS NOT PERMITTED,, MAP The Events Management Office will publish and provide for OCG publication and reproduction, a map that indicates where parking can be found. SECURITY SERVICES Security officers are not assigned to OCG's event unless arrangements are made in advance. It is the responsibility of the OCG to contact Barbier Security Service, DUC's campus security provider, directly at (415) 747-8473 to arrange for security services. LOST KEYS/ MEAL CARDS If a key is issued to OCG, it is the policy of DUC to charge $50 for each lost key or key not returned at the conclusion of OCG's program. This fee represents the actual cost of labor and parts for re -keying a door. Likewise, if meal cards are issued to OCG, it is the policy of DUC to charge $25 for each lost meal card or meal card not returned at the conclusion of OCG's program. PUBLICITY Without advance written permission of DUC's Marketing and Public Relations Office, any publicity concerning the event may not refer to DUC in such terms as "sponsored by," "hosted by," or "in collaboration with," or imply in any other language that the event is a function or activity of DUC. All requests for DUC affiliation with the event must be submitted in writing when the Facilities Use Agreement form is submitted to DUC. DUC reserves the right to review and approve the content of all promotional materials prior to their dissemination. Likewise, all OCG on -campus signage must be approved by DUC prior to display. All OCG on -campus signage may only be posted in areas and in a manner determined by DUC's event coordinator. DUC retains the right to reject any publicity it considers unsuitable. COMMUNICATION SERVICES DUC will not accept calls for OCG program information. Such calls will be referred to the OCG contact or to a designated alternate contact. OCG access to DUC's internet and wifi service, on date(s) of the event, can be arranged for in advance through DUC's Events Management Office. AUDIO, VISUAL & LIGHTING SERVICES Angelico Hall lighting includes only stage and house tights. Any additional lighting needs shall be contracted through Corporate Media Systems (CMS) with additional fees paid for by OCG. OCG is responsible for contacting CMS directly at (415) 457-9550 at least two weeks prior to event to make arrangements. All billings and payments for audio/visual and lighting are handled directly with CMS. DUC will provide ADA compliant hearing devices upon request. Page 4 of 8 EMPLOYMENT SCREENING Compliance with Applicable Laws. OCG agrees to comply with the federal Fair Credit Reporting Act and any applicable state or local laws in obtaining any references and/or background checks required under this contract. No Assignment, Job History and Reference Checks. OCG agrees that it will not assign employees, independent contractors or agents to the physical premises of DUC who have not successfully completed a job history check, reference check, and background check, as required by this contract. Verification of references must include a request about the individual's suitability for employment. EMERGENCIES Transportation. The OCG is responsible for the transportation of all OCG participants to and from the campus. The OCG must provide a vehicle to take a participant to the hospital or treatment center for non -emergency care or to take a sick, contagious or misbehaving participant home in the event that a parent/guardian cannot do so. DUC'S RIGHTS DUC may exercise the following rights: o To require OCG, or any of its participants, to leave DUC's premises if DUC feels that circumstances require it. o To revoke the campus privilege, including residency in or utilization of any of its buildings, of any occupant whose conduct solely in DUC's opinion becomes injurious to the academic community. o To enter any room for the purpose of inspection, repair or emergency. o To reassign residents within a residence hall, after timely notification, in order to accomplish necessary repairs and renovation to the building. o To amend its rules and regulations at any time as deemed necessary when it is in DUC's best interest. LIABILITY The OCG assumes full responsibility for any injury, theft, loss, damages to its guests, to the guest's property, to DUC property or furniture, or to any third -party person. DUC assumes no responsibility for any injury, loss or damage resulting from the event. Additionally, the OCG and its representatives hereby agree that they will exercise proper supervision, use and care of equipment and the facilities requested under this application, and that each will reimburse DUC for any damage to DUC buildings, furniture, and equipment arising out of or in any way relating to the exercise of this permit. NOTICE The OCG agrees to provide timely notice to DUC of any occurrence of personal injury, death or property loss, damage or destruction arising from the conduct of the event, and agrees to make reasonable efforts to mitigate the same. DUC agrees to provide OCG with reasonable time to correct any violations. WAIVER OF LIABILITY DUC, or anyone representing DUC (collectively referred to as "Releasees"), shall not be liable or responsible in any way for, and OCG hereby waives all claims Page 5 of 8 against DUC with respect to or arising out of, any death or any injury that may be suffered or sustained by OCG or any employee, invitee, guest, or agent of OCG or any other person as a result of any OCG's actions or inactions, directly or indirectly, or any loss or damage or injury to or theft or loss of any property belonging to OCG or any employee, invitee, guest, or agent of OCG on DUC property including but not Iimited to any property placed by OCG in or about DUC buildings, properties or facilities. The provisions of this paragraph shall survive the termination of this Agreement with respect to any damage, injury, illness, or death occurring prior to such termination of this Agreement. INSURANCE OCG shall provide a certificate of insurance for the coverages included below no less than thirty (30) days before the first date appearing on the Facilities Use and Services Agreement. DUC should appear as an additional insured on all policies of insurance except for auto and workers compensation insurance. The certificate of insurance should also indicate that there is no applicable cross suits liability exclusion (allows an insurer to sue another insured). OCG and its insurers agree to waive their right of subrogation against the institution for any general liability and workers compensation claims made against OC9s policies. All such insurance should not include any restrictions or governmental immunities built into the insurance coverage and policies. The certificate shall be an original; fax and photocopies are not acceptable and shall be issued to Dominican University of California, as follows: Dominican University of California Attn: Ami Hayes, Business Services Office 50 Acacia Avenue San Rafael, CA 94901 Limits of Insurance. OCG shall provide evidence of Commercial General Liability insurance (GGL) or OCGs Liability insurance (TULIP or Special Events) of an amount not less than $1 million per occurrence_ If the use of facilities includes physical activities, the general liability limit should be $2 million per occurrence with no athletics activities exclusion. If DUC's pool is used, the General Liability per occurrence limit should be $5 million with no athletics activities exclusion. OCG shall provide evidence of Owned, Non -owned and Hired Auto Liability insurance of an amount of not less than $1 million per occurrence. Any OCG with OCG employees on campus shall provide evidence of statutory Workers Compensation insurance and $100,000 of Employers Liability insurance. NOT C3:CCis: iotible: t07pivyide :piope;: evii)eht6:::ofiegtiiied' -i isurarice's sliouli(be:iirectei:to: os://�curesa iafeve ti sy nCp corn/EIIA:'topurchase,a .TUI FP. policy.El rough'the title i'ec T. Events INDEMNIFICATION Each party shall, to the fullest extent permitted bylaw, defend, hold harmless and indemnify the other party and its affiliates, trustees, directors, officers, members, partners, principals, employees and agents against any and all claims, demands, causes of action or damages, including attorneys' fees (collectively, "claims'), Page 6 of 8 arising out of or relating to any of the obligations undertaken in connection with this Agreement, including but not limited to (i) any breach of this Agreement; (ii) any actual or alleged injury or death to a person and/or loss of or damage to property caused directly or indirectly, wholly or in part by a party, its officers, directors, trustees, agents, contractors, employees or representatives. This indemnity does not apply to any Claims arising from the gross negligence or international misconduct of the indemnified Party. If OCG requires its participants to sign a hold harmless and/or an indemnification agreement, such agreement shall release DUC in the same manner as OCG. The provisions of this paragraph shall survive the termination of this Agreement with respect to any indemnifiable actions occurring prior to such termination of this Agreement. OCG agrees to indemnify DUC for any liability or harm resulting from OCG's failure to conduct or obtain a satisfactory reference, job history or background check on its employees, independent contractors or agents engaged in the Event at DUC. OCG further agrees to indemnify DUC for any liability or harm resulting from OCG's failure to review or respond to the results of a criminal background check conducted on its employees, independent contractors or agents assigned to engage in the Event at DUC's physical premises. OCG further agrees to indemnify DUC for any liability resulting from OCG's failure to discharge its obligations as forth herein. AMERICA NS wITN DISABILITIES ACI' DUC represents that it is in compliance with applicable sections of the Americans with Disabilities Act (hereinafter "ADA"). The facilities and services will be appropriately accessible to persons with disabilities. OCG must advise DUC of all requests for special assistance at least ten (10) business days prior to event. OCG agrees that it shall comply with all applicable requirements of the ADA in assuring the availability of auxiliary aids and services required by its own employees and attendees of the event. OCG shall be solely responsible for the cost of any such auxiliary aids and services. It is the responsibility of OCG to include the following passage in all literature and registration material: "Individuals needing special assistance (ADA, allergies, etc.) should notify OCG." NON- DISCRIMINATION Both parties agree to comply with applicable federal and state laws and regulations regarding non-discrimination and equal employment opportunities. Both parties agree not to discriminate on the basis of age, race, religion, color, disability, gender, physical condition, sexual orientation or national origin. TERMINATION If, through any cause, OCG fails to fulfill in a timely and proper manner any of OCG's obligations under this agreement, DUC reserves the right to terminate this agreement by proAding written notice to OCG and to not permit OCG to utilize DUC's premises or services for reasons described herein. In the event of such cancellation, the contract is null wid void and DUC shall be discharged from any obligations to OCG. OCG agrees to hold DUC harmless for any cancellation of this agreement in the event of a cancellation under this section. In the event that Page 7 of 8 DUC does cancel this agreement according to terms of this section, OCG is obligated to immediately pay any outstanding amounts due to DUC. CHOICE OF LAW This Agreement shall be interpreted in accordance with the Laws of the State of California. Unless waived by both parties, the venue for any action to enforce or interpret the provisions of this Agreement shall be in Marin County, California. By signing below, OCG acknowledges and agrees to abide by all terms and conditions included herein. 4uthor zed Sign u , Cit of San Rafael �-- -?-1- Name -1- Name Citv Manaeer for City of San Rafael Title I--9' (7 Date r DUC Authorized S er #1 .r' Name //�� pp ,; � � �j is -+� •�rz^/' nRnG� a,J 6�1i1a,-;s t-ta: Tr/r` Title Page 8 of 8 Date DUC =Ozriztsigner #2 Name ��<t� �rlA L � Ji.�✓rS'.y� Title c��£rreJs✓yj� � �jU/ �' Date A DOMINICAN UNIVERSITY of CA LIFORNIA '19. Academic Affairs Agreement/Contract/Memorandum of Understanding (MOU) Signature Routing Sheet Title: Memorandum of Understanding between San Rafael Fire Department and Dominican University Nursing Department No. of copies:1 1. Department /Program Faculty Lead Barbara McCamish Name 2. Department /Program Director Signature Andrea Boyle Name Signature / 3. School Dean Ruth Ramsey Name Signature rI2.74L7 Date Date 11-941:7 Date 4. Business Officer (if a new agreement, contract, MOU; or if required by the agency) r Tammi Jackson l Vice President for Finance Signature and Administration revised 030216 - -,So -k-4 Date CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fig4'zr enter text. Project Manager: r�d1s�t�tC�1-� Extension: +AN ; g, to enter text. Contractor Name: C;VJ i er• text. Contractor's Contact: Click here to enter text. Contact's Email: Click here to enter text. ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED DEPARTMENT DATE 1 Project Manager a. Email PINS Introductory Notice to Contractor o te. b. Email contract (in Word) &attachments to City Vel* ck e i Atty c/o Laraine.Gittens@cityofsanrafael.org�p�rr� 2 City Attorney a. Review, revise, and comment on draft agreement Click here to and return to Project Manager enter a date. b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor enter a date. 3 Project Manager Forward three (3) originals of final agreement to Click here to contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -sinned agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Date of Council approval Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement Y 7 City Attorney Review and approve insurance in PINS, and bonds / (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official q 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager 4-1.7 r REVIEWER Check/Initial El