HomeMy WebLinkAboutFD 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.
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� -, - 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
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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.
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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.
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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
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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
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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
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Date
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DUC Authorized S er #1
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Name //�� pp
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Title
Page 8 of 8
Date
DUC =Ozriztsigner #2
Name
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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