University Conference Office License Agreement for Use of Resources (Facilities, Equipment and Services)

Transcription

1 University Conference Office License Agreement for Use of Resources (Facilities, Equipment and Services) PART I This is an agreement between the University, Conference Office (hereinafter referred to as "University" or "C.O." and the party named on line I.A.1 (hereinafter referred to as "Licensee"). This agreement will not be considered for execution nor will reservations be guaranteed by University until it is signed and returned by Licensee to C.O., no later than the date indicated in I.C.1. This agreement constitutes a license, not a lease, and the relationship of the parties is that of licensor and licensee and not that of landlord and tenant. The University may terminate this agreement by written notice if Licensee, at University's discretion, no longer meets eligibility criteria for using University resources. In consideration of the mutual covenants and agreements stated in Part I and Part II of this document and all attachments hereto, the parties agree as follows: I.A. LICENSEE AND CAMP INFORMATION 1. NAME OF CONTRACTING PARTY (LICENSEE): [Name of Contracting Party] 2. PRINCIPAL ADDRESS: [Address 1 (Street)] [Address 2] [Address 3 (City, State, Zip)] 3. AUTHORIZED REPRESENTATIVE(S) [Authorized Representative (Client)] FOR LICENSEE: [Authorized Representative (Client)] 4. CAMP NAME(S), DATE(S), AND GROUP SIZE: Camp Name Arrive Depart Minimum Number of Attendees* *Group numbers include camp staff. Maximum Number of Attendees* I.B. IMPORTANT DEADLINES Camp Name Confirmation of Services Due Guarantee/Non- Electronic-By-room Due Electronic By-room Due 1. CONFIRMATION OF SERVICES a. By May 1, C.O. will provide Licensee with a Confirmation of Services form which includes i. a chronological agenda of program activities ii. the names of all individuals who are authorized to make changes to the agenda and/or to make decisions that result in financial commitments. b. On or before Confirmation of Services due date (I.B.), Licensee will sign and return Confirmation of Services form, with any changes, to C.O.. i. For changes to contract numbers see I.C.2. (Additional Resources) and I.C.3. (Attrition) Page 1 of 9

2 2. GUARANTEE a. On or before the Guarantee Due date (I.B.), Licensee will provide C.O. with a guaranteed number of participants (Guarantee). b. The Guarantee must be in writing, signed by Licensee and include a guarantee of attendance for all categories listed in Group Size (I.A.4.) of this agreement. c. The Guarantee cannot be lower than the Minimum (I.A.4.). d. The Guarantee cannot exceed the Maximum (I.A.4.) without confirmation in writing from C.O.. (See Additional Resources, I.C.2.) e. Under no circumstance will Licensee be charged for less than the Guarantee. f. If Licensee does not provide a Guarantee by its due date (I.B.), the administrative fee will be increased to $XX per participant. g. If Licensee does not provide a Guarantee by the Roster Due Date (I.B.), the University shall consider the Maximum (I.A.4.) to be the Guarantee. 3. ROSTER a. On or before the Guarantee Due date (I.B.), Licensee will provide the University with a Roster. The Roster shall include: i. An alphabetical list of all participants to date with roommate preferences included OR a completed by-room order list (blank list to be provided by C.O.) of all participants to date with roommates assigned. ii. A list of all invited guests/staff members (residential and commuter) to date. Staff members must be noted as such on the list. Please notify C.O. if any campers or staff members are different in gender from the camp gender. iii. An alphabetical list of all commuter participants. b. Rosters, with room assignments, provided in electronic, Excel format, according to specifications set forth by C.O., may be sent to C.O. on or before the Electronic By-room Due date (I.B.). c. Failure to provide a Roster on or before its due date will result in a late fee equal to 1.5% of total charges for each day late, up to a maximum of $XX. This fee will be added to the final invoice. I.C. SERVICES AND FEES 1. Rates and fees stated are valid only for signed agreements returned by to Conference Office. (See I.D.5., Cancellations or Changes Made By Licensee, for additional information.) 2. ADDITIONAL RESOURCES a. At its option, the University may make available to Licensee additional resources should actual attendance exceed the contract Maximum (I.A.4.). b. The University does not guarantee it will provide additional resources nor should Licensee expect University to do so without written confirmation. c. Should the University provide additional resources for attendance that exceeds the Guarantee by more than 10%, there will be a 20% surcharge on lodging, dining, and administrative fees for all attendees in excess of the Guarantee. 3. ATTRITION a. By the Confirmation of Services Due date (I.B.), Licensee may reduce numbers of participants as stated in Group Size (I.A.4.) by up to 20% without penalty. b. Requests for changes in numbers must be submitted in writing to C.O. Program Manager by Confirmation of Services Due date (I.B.) 4. In as much as the total license fee and the purpose of the use of such facilities are based, in part, upon attendance, the University may, at its option, renegotiate the terms of this contract if the actual number of attendees is inconsistent with the Group Size, as stated in I.A.4., the Guarantee (I.B.2.), or both. 5. LODGING SPACE: Page 2 of 9

3 a. North Campus High-rise: Traditional style high rise, non-air conditioned residence hall. No Linen. b. Cost: $XX/person/night, double occupancy c. Check-in/Check-out Times Camp 1 Camp 2 Camp 3 Check-In Time Check-Out Time 6. MEALS: a. The number of resident meal plan cards issued can be no fewer than the number of campers and staff in residence. The number of resident meal cards issued may be higher than the number of residents if, at the request of Licensee, guests and/or commuters are included in the resident plan. Camp 1 Camp 2 Camp 3 Resident Meal Plan Cost Commuter Meal Plan Cost 7. PARKING: a. Check-in/out Service: i. Campus Parking PIT Crew members will be on site to direct traffic and distribute special parking permits ( Parent Permits ). These permits are intended for use only during check-in and check-out and to allow parents/guardians to visit during the camp to watch games. ii. Parent Permits are not valid overnight and should not be distributed to camp participants or staff. iii. Cost: $XX/hour + $X per camper iv. Rates charged will be based on the Guarantee (I.B.2.) and contracted check-in/out times (I.C.5.) plus one hour. v. There will be a 100% surcharge on parking services for changes to check-in/out times made after the Guarantee date (I.B.). There will be a 200% surcharge on parking charges for changes to check-in/out times made within 72 hours of the camp start date. b. University will distribute permits to participants (both commuter and residential) at the request of Licensee. i. All permits distributed will be billed to Licensee. ii. Cost: $X.00/day/permit for the duration of the camp. iii. Rates charged will be based on total number of permits distributed. 8. OTHER FEES: a. Administrative Fee $XX/person or $XX/person (see Guarantee, I.B.2.) b. Lost Keys $XX.00/key lost or not returned upon check-out; $X/spare access card lost or not returned upon check out; c. Camp Store Space Rental $XXX.00 (if needed and if space is available) d. Signs $XX/sign ordered + $XX per sign placed, retrieved, & stored e. Tables $XX/table with 2 chairs 9. ANTICIPATED FEES: Camp 1 Camp 2 Camp 3 Anticipated Fees Page 3 of 9

4 a. Anticipated fees are based on facilities and services listed above and are calculated using the Maximum listed in I.A.4. b. At the request of the Licensee, the Anticipated Fees will be recalculated and based on the Guarantee if the Guarantee Due date is met. I.D. PAYMENTS AND BILLING 1. ADVANCE PAYMENT TERMS: a. Ninety Percent (90%) or One-Hundred Percent (100%) of Anticipated Fees will be due in advance of each camp start date as indicated in I.A.4. b. If Licensee is paying by personal check, the check must be received no later than one week prior to the first day of the camp. c. If Licensee is paying by certified check, bank check, or credit card, payment may be made up to close of business (5:00pm) on the last business day prior to the start date of each camp. 2. PAYMENT BY CREDIT CARD: a. C.O. will accept Visa, MasterCard or American Express. Visa and MasterCard payments will incur a 2.5% service charge. American Express payments will incur a 5% service charge. 3. BILLING AND REVIEW OF BILLS: a. Remaining balances will be post billed within 60 days following the Licensee s last camp of the summer. b. Invoices for remaining balance not paid within 30 days will be charged a late payment penalty of 1.5% for every 30 days late. Accounts over 90 days past due are also subject to an additional 18% collection charge as levied by the State Collections Agency. c. Licensee may request, in writing, a review of charges within 30 days of issuance of final bill. After 30 days, charges will not be reviewed until invoice is paid in full. Requests for review will not be accepted more than 60 days after the issuance of the final bill. 4. TAXES: a. Licensee will be charged State Sales Tax unless a current Sales Tax Division Exemption Certificate and related account number is provided prior to the first day of the camp. 5. CANCELLATIONS OR CHANGES MADE BY LICENSEE: a. Cancellation of any facilities, services or catering orders, excluding lodging and dining services, by Licensee must be done in writing, prior to the Confirmation of Services Due date (I.B.). (Cancellations fees may apply.) Failure to do so will result in Licensee being billed for the full rental or service charge. Page 4 of 9

5 PART II II.A. AMENDMENTS AND REVISION 1. This agreement contains all the understandings of the parties and may be changed only by an addendum or amendment in writing. and fax correspondence are considered addenda to this agreement. 2. Any changes to services and/or facilities in sections I.C. (Services and Fees) made after the Confirmation of Services Due date will likely involve additional fees for services or penalties. II.B. LIABILITY Licensee assumes any and all risk of loss, damage or liability whatsoever which Licensee, its officers, agents, and employees or invitees, may sustain while using the resources licensed hereunder. The University, its officers, agents and employees, shall not be liable for any injury, damage or loss of personal property resulting from any deviation from the agenda agreed to herein and which occurs on or about the licensed resources caused by the negligence or misconduct of Licensee, its officers, agents and employees, or invitees. Licensee shall defend, indemnify and hold harmless the University from any and all losses, expenses, demands, actions, suits, claims or liabilities of whatsoever nature resulting from any injury or death to any persons or any property damage, except that resulting from negligence of any University employee or agent. II.C. INSURANCE The University recommends that Licensee obtain, at its expense, liability insurance in which both the University and Licensee are named as insured with minimum limits of three million ($3,000,000) dollars per occurrence for personal injuries, including death, and three million ($3,000,000) dollars in aggregate for all property damage. The term of such coverage ought to coincide with the term of the Agreement. Said policy of insurance should contain a provision which states that it cannot be canceled except upon fifteen (15) days express written notice to all insured. The University should be furnished with a certificate of insurance prior to the effective date of this Agreement. II.D. DAMAGES AND LOSS 1. Licensee is responsible for any loss or damage to a licensed resource as a result of Licensee's negligence or that of its guest(s). The University will repair and/or replace damaged or lost property to restore it to the condition it was in prior to such damage or loss, and will invoice Licensee for costs incurred. 2. Licensee accepts the resources in the condition existing prior to the effective date of this license, excepting latent, undisclosed defects of which University had knowledge but did not disclose to Licensee at the time of use. Licensee is not liable for losses or damages to the premises due to the sole negligence of the University. 3. C.O. recommends that Licensee request a pre and post inspection of the residence hall(s) to note the condition of the facility. A C.O. representative will accompany the Licensee. Documentation of this will be provided to Licensee by C.O.. In the absence of this inspection, damage assessment will be at the discretion of C.O.. 4. Licensee will be responsible for a key and lock core replacement charge of $XX.00 for each key lost or not returned at the conclusion of the camp. II.E. ASSIGNMENT This agreement shall not be assigned by either party, in total or part, to others without the prior express written consent of the other party. II.F. RIGHT OF ENTRY The University reserves the right at all times to control all licensed resources and to enforce all applicable laws, rules and regulations. Duly authorized representatives of the University may enter licensed premises for maintenance at any time and on any occasion without any restriction. II.G. GOVERNANCE The validity, interpretation and effect of this agreement shall be governed by the laws of the State. The laws of the State shall govern all rights, remedies, obligations, and liabilities arising pursuant to this agreement. Licensee is subject to all applicable state and federal laws and University rules and regulations, including but not limited to those contained in the agreement. Page 5 of 9

6 II.H. SUPERVISION 1. Adult, live-in supervisors shall be present at all times for any attendees age seventeen and under at the ratio of at least one adult supervisor for every fifteen attendees while attendees are in the residence halls. 2. C.O. must know who the supervisors are, along with their room and telephone numbers in case of an emergency or disciplinary situation. a. C.O. will distribute to each supervisor a packet, which will include chaperone expectations and information. b. C.O. will issue telephones to supervisors that do not provide cell phone numbers. Telephones not returned at check-out will be billed to Licensee at a rate of $XX per telephone. 3. Supervisors are responsible for informing all attendees of University Rules and Regulations along with the fire/safety procedures and are responsible at all times for monitoring attendees conduct, informing C.O. staff of any discipline problems that may occur. 4. Supervisors must be dispersed evenly throughout the building. 5. Supervisors are required to monitor campers use of elevators and take disciplinary action if elevators are misused by campers. 6. At least one (1) adult supervisor must be designated to monitor group behavior during each meal period. The Dining Hall Manager must be advised of the name of this supervisor at the beginning of each meal period. 7. In the event of a fire drill, supervisors are responsible for insuring all attendees comply with evacuation procedures. 8. Licensee will consult with University Risk Manager regarding background check requirements for supervisors. II.I. HOUSING 1. Building Assignments: (a) C.O. does not provide exclusive use of a residence hall. (b) If two camps are assigned to share the same building, C.O. will determine how the space shall be allocated. 2. Requests for use of the study lounges, rooms for storage or recreation rooms must be made to C.O. in advance of the camp. C.O. will inform the Licensee of the availability of this space. 3. Food service/sales in any carpeted space in the residence halls is prohibited. The Licensee must make prior arrangements with C.O. to identify usable space. Only food purchased from Dining Services can be sold or served. Licensee is responsible for following all health permit requirements. 4. Licensee is responsible for removal of all bulk trash to outside dumpsters that may result from selling T-shirts, sporting goods or debris left from pizza delivery or sales. If this is not done a housekeeping charge may be added to the final invoice. 5. All campers will be issued one room key and must sign for this upon issuance and upon return. Failure to do so may result in a lost key charge of $XX. Master keys cannot be provided. 6. A designated on-site coordinator must be assigned by Licensee to resolve any housing assignment issues. C.O. must be informed of the name of this person prior to the beginning of a camp session. 7. If problems occur in the residence hall, the Licensee should contact C.O.' Hospitality Manager and/or their Program Manager. Both can be contacted through the Hospitality Desk. 8. If building elevators malfunction, supervisors must immediately report this to the hospitality desk. Desk staff will report problems to Residential Facilities. Routine repairs are typically made by end of the work day in which they are reported. After-hours and weekend repairs will not be attempted unless all elevators are inoperable in a building. 9. If a camper is trapped in an elevator, the desk staff will report this to Residential Facilities. Response time of contractors is typically within two (2) hours of time reported. If camper is in a life-threatening situation or becomes hysterical, the desk staff can notify the Fire Department to respond immediately. When emergency personnel respond, damage to doors may be costly. Licensee will be responsible for charges incurred if malfunction is determined to be caused through misuse of elevators. 10. The University may conduct fire drills in the residence halls. All supervisors are responsible for insuring their participants comply with emergency evacuation procedures. II.J. ACCESS/MEAL CARDS 1. Each participant will receive a magnetically encoded access/meal cards for his/her designated meal plan at check-in. Cards are required for entry into both the residence hall and the dining hall. Billing is based on total number of cards guaranteed or actual number distributed, whichever is greater. 2. If a card is lost or damaged, this should be reported to the Dining Hall Manager and the residence hall hospitality desk immediately. Dining Services will issue a new meal card and reserves the right to collect a $X Page 6 of 9

7 replacement charge from any camper for loss or abuse of meal card. The residence hall hospitality desk will issue a temporary access card. This card must be returned at check-out. A $5 fee will be assessed for all unreturned access cards. II.K. DINING SERVICES 1. A meal plan, with scheduled meal times, will be established. The dining hall reserves the right to refuse service to groups who try to access the dining hall outside of their assigned meal times. 2. One Charge Account will be set up to allow the camp to charge a limited number of guest meals. The cost of guest meals will be the prevailing cash-at-the-door rates. It is the responsibility of the camp coordinator to insure Charge cards are distributed to authorized individuals and report lost cards to the C.O. Program Manager immediately. 3. Licensee will designate at least one (1) adult supervisor to monitor group behavior during each meal period. A supervisor will report to the Dining Hall manager at the beginning of each meal period. II.L. LIMITED USE 1. Licensee may use only licensed University resources. 2. Under no conditions shall an unauthorized person undertake repair, service or alteration of any University facility or item of University property. II.M. SERVICES BY NON-UNIVERSITY CONTRACTORS All services by non-university providers, other than those exclusively agreed to by University, must be approved in writing. Services such as those related to security, food, concessionaires and maintenance of University buildings, grounds and equipment can only be provided by University personnel or by express written agreement with the University. Licensee may sell materials pertaining to specific conference/event topics, to conference/event participants only, without commission or fee to the University except normal space rental fees as indicated herein. A complete list of items to be provided for sale and the time, manner and location of sale must be provided to University in writing prior to sales taking place. Contracts for services acquired by University, on direct behalf of Licensee and from non-university providers, must be signed by Licensee. Under such agreements, Licensee assumes all responsibility and liability, expressed and implied by the agreement. University shall serve as the agent for delivery of Licensee payments and data only. II.N. ADA COMPLIANCE The University will exercise reasonable effort in assuring that facilities are accessible to people with disabilities in a manner consistent with the guidelines of the Americans With Disabilities Act, provided that Licensee uses reasonable effort to determine and report to University any special needs that may exist. Licensee must ensure that program activities covered under this agreement are consistent with the guidelines of the Americans With Disabilities Act. This includes, if necessary, the provision of auxiliary services, such as sign language interpreters. II.O. UNIVERSITY RULES AND REGULATIONS Licensee and Licensee's conference attendees are prohibited from: 1. Possession of illegal substances. 2. Cooking, except in designated kitchen areas. 3. Possession of animals, except when required to assist disabled persons. 4. Tampering with fire system or fire safety equipment. 5. Possession of any weapon, fireworks, or other flammable materials. 6. Disruptive, destructive or dangerous behavior as, at any time, it may be defined by the University. 7. Possession or consumption of alcohol in public areas, or possession or consumption of alcohol by Attendees under the age of Smoking in any University building. This is not a complete list of University rules and regulations. Please contact your Program Manager for additional information. Page 7 of 9

8 II.P. FACILITIES NOT COVERED IN THIS AGREEMENT Licensee is solely responsible for arranging use of facilities not covered in this agreement and for any conflicts that arise over scheduling, supervision and payment. This includes, for example, facilities controlled by Campus Recreation Services, the Department of Intercollegiate Athletics and University College. Unless expressly stated in section I.C.., there are no provisions in this agreement for attendee use of University recreation facilities. II.Q. SIGN REMOVAL If Licensee installs information or directional signs, Licensee must remove them within twenty-four hours following the end of Licensee's camp. If this does not occur, Licensee will be charged a minimum removal/disposal fee of $XX per sign. II.R. AIR-CONDITIONERS 1. Licensee will not install any air-conditioning units in the residence hall. 2. The University may remove, without notification, any unauthorized air-conditioning units installed by Licensee, camp attendees, camp staff, and/or coaches. A $XX fine will be charged for each unit that is removed. The University will not be responsible for any damage that may occur to unauthorized air-conditioning units that are removed. II.S. PARKING 1. All attendees must follow parking rules and regulations established by the Department of Transportation Services. (All driving attendees must display on their vehicles a valid parking permit or they must pay to park in designated visitor parking areas.) 2. Licensee will assure that attendees are clearly informed prior to their arrival on campus and asked to comply with this policy. 3. Licensee will assist in the distribution of parking information and parking permits to help assure attendees do not commit parking violations. 4. University will not help violators appeal parking tickets. II.T. CANCELLATIONS OR CHANGES MADE BY THE UNIVERSITY 1. C.O. is not liable for any cancellation or change in the program s location caused by events beyond its reasonable control, such as acts of God or acts of the State in its sovereign or contractual capacity. 2. The University will close to the public for any occurrence that, in the opinion of University officials, is potentially and sufficiently dangerous to persons on campus or traveling to campus. All events scheduled during a University closure are cancelled. Closure notification will be provided to all major television and radio stations in the Baltimore/Washington region. In the event of an emergency, persons planning to travel to the University should be advised to listen to area broadcasts to determine if the University is closed. C.O. shall not be responsible for any costs to the Licensee resulting from a cancellation or delay due to University closure. C.O. will not charge for its contracted facilities and services that are not used due to cancellation by the University. II.U. INCIDENT NOTIFICATION Licensee will notify the Program Manager or C.O. Associate Director in the event of any incident (including but not limited to illness, injury, and/or property damage) involving camp attendees, camp staff, coaches, University staff, and/or University property. Licensee will not call emergency personnel to the residence hall without notifying the hospitality desk. II.V. CAMP CERTIFICATION Licensee will insure that it is in compliance with all State laws and regulations pertaining to youth camps. II.W. CAMPER ROOM ENTRY BY CAMP STAFF University will not issues camper room keys to camp staff. In the event of emergency, C.O. supervisory staff will accompany camp staff to camper room. Page 8 of 9

9 By signature, any person executing this agreement expressly warrants that s/he is the authorized representative of the Licensee (as stated in I.A.3) for which s/he has signed and assumes complete responsibility for fulfillment of all commitments agreed to herein. This agreement is not finalized until it is signed by a University official and returned to Licensee by University. I have read and agree to Parts I and II, attachment A agenda and, included herein. Signature For Licensee: Date: Printed Name: Title: For University: Date: Printed Name: Title: Director, Conference Office Page 9 of 9