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HomeMy WebLinkAboutCreek Fire LAC Room Rental.pdfClient Initial: /*1-InitialHere-1*/ FACILITY RENTAL AGREEMENT Event Date: 09/21/20 Time of Event: 07:00 AM- 7:00PM Name of Client: Fresno County Internal Services Department Contact: Burton, Bryan Address: 333 Pontiac Way, Clovis, CA 93612 Room(s) Required: Independence A/B Room Type of Event: Conference This Facility Rental Agreement is between the CLIENT and the Clovis Veterans Memorial District (“the District” or “CVMD”) for use of the agreed locations. The CLIENT signing this Agreement and any organization on whose behalf the Facility is being rented (collectively and individually, the “CLIENT”) are jointly and severally responsible for complying, and do hereby agree to comply, with this Agreement, and for compliance by all of the CLIENT’s guests and vendors (e.g., caterers, persons providing entertainment, etc). All CLIENTS are required to read and sign this Agreement. The Facility Rental Agreement may not be altered by the client. 1. RENTAL a. Includes the following: • Tables and chairs according to facility capacity • Facility Coordinator to assist with booking the event and Operations Staff the day of the event to assist with onsite needs. • 5 hours for events (i.e. birthday parties, weddings, expos, conferences, etc.) or 8 hours for business meetings • 2 Hours for clean-up b. Facilities are available 7 days a week beginning at 7 a.m. and ending Monday through Thursday at 10 p.m. and Friday through Sunday midnight. All other arrangements must be made through the District no less than thirty (30) days prior to the event. c. If event or clean up time goes into a District observed holiday an additional holiday charge will be applied to the cost of the reservation. d. Additional hours may be requested no less than thirty (30) days prior to the event and are granted at the sole discretion of the District. DocuSign Envelope ID: ECF0E789-9DD1-4506-8648-16E17B16E9D4 Client Initial: /*1-InitialHere-1*/ 2. DEPOSITS AND FEES a. Down Payment: • A 20% non-refundable down payment is required within 72 hours of the District’s receipt of the Facility Application and will be applied to the rental. b. Facility Rental Fees and Payment: • The applicable rental fee is due no less than thirty (30) days prior to the event day. c. Facility Deposit: • A conditionally refundable facility deposit guaranteeing the facility clean up, payment for any damages, and otherwise for use as provided herein shall be paid no later than thirty (30) days prior to the event day. • Unless forfeited or drawn upon as provided herein, facility deposits shall be returned within three to four weeks after the event to the CLIENT and ADDRESS above. The facility deposit may be retained in whole or in part as specifically authorized herein, and for any conduct of the CLIENT, guests or vendors thereof that results in any financial cost or loss to the District that is not reflected in the amount of rental fees paid. If any financial cost or loss exceeds the amount of the facility deposit the CLIENT will be billed accordingly. • Category A and C, as specified on the Discount Schedule, are not required to pay a Facility Deposit as it pertains to business meetings or events without alcohol service. If any issues arise requiring the forfeiture of a Facility Deposit the CLIENT would be billed accordingly. d. Purchase Order • Approved Government Agencies may submit Purchase Orders (PO) at the time of signing a contract. Full payment pursuant to the Purchase Order must be made within 30 days of the event date. • If an event with a Purchase Order on file cancels, CLIENT is responsible for adhering to the Cancellation Policy outline in Section 9.0 • Payments for Purchase Orders must be made withing 30 days of the event date. 3. INSURANCE CLIENT must provide general liability insurance covering CLIENT’s use and occupancy of the Facility and District’s property. Such insurance may be purchased through the District or provided by the CLIENT. The required insurance must provide coverage and limits as follows: a. Protection against claims and liability for personal injury, death, and property damage arising from the use, occupancy, or disuse of the Facility, adjoining areas and ways, and/or other District owned property in connection with the rental; b. At least one million dollars ($1,000,000) for bodily injury or death for any one person; c. At least one million dollars ($1,000,000) for any one accident or occurrence; d. At least $1,000,000 for property damage; e. At least two million dollars ($2,000,000) in aggregate; f. Outdoor events must provide coverage and limits for at least two million dollars ($2,000,000.00) for any one accident of occurrence, and at least four million dollars ($4,000,000.00) in aggregate. g. The insurer(s) shall be a responsible insurance company authorized to do business in the State of California. All policies shall contain language to the effect that: a. The District and its elected and appointed officials, employees, agents, and volunteers are added, by endorsement, as additional insureds (“Additional Insureds”); b. The insurer waivers the right of subrogation against the Additional Insureds; c. The policies are primary and non-contributing with any insurance that may be carried by the District; DocuSign Envelope ID: ECF0E789-9DD1-4506-8648-16E17B16E9D4 Client Initial: /*1-InitialHere-1*/ 3. INSURANCE (cont.) d. The insurance cannot be cancelled or materially changed except upon prior written notice by the insurer to the District. In the event of any such cancellation or material change, this Agreement shall terminate and be of no further force and effect. CLIENT shall furnish the District with a Certificate of Insurance with endorsement(s) evidencing such insurance at least thirty (30) days prior to the rental date. The Certificate of Insurance must identify the Clovis Veterans Memorial District as additionally insured and contain language in substantially the following form: “The District, its elected and appointed officials, employees, and volunteers are included as additional insureds by endorsement. This coverage shall be primary and the District insurance shall not be contributory. There shall be no subrogation against the District or any additional insured. No cancellation or material change shall be made to this insurance without thirty (30) days written notice to the District.” 4. SECURITY REQUIREMENTS a. Events with Alcohol: Security shall be supplied at a ratio of one (1) guard for every seventy-five (75) guests at any event where alcohol is served or sold. b. Events without Alcohol: Security shall be supplied at a ratio of one (1) guard for every one hundred (150) guests when more than 300 guests are present. c. The District reserves the right to require security guards at any event for any reason. d. If it becomes necessary for emergency services to respond to the Facility because of any disturbance caused by anyone at the event, the CLIENT will be held liable for all emergency service and additional staff charges incurred by the District. e. Only a District-approved security company may be used. 5. EVENT RULES a. Minors (17 years or younger) must be accompanied by an adult while in the facility. b. Music must cease no less than 15 minutes before the end of the facility rental time. c. CLIENT agrees to require all guests and vendors to behave with courtesy and respect, to refrain from any discriminatory or bullying type behavior, and to not interfere with any other person’s lawful use of the Facility. d. District facilities are under closed circuit surveillance at all times. e. Doors and windows in the facility must be closed at all times. f. CLIENT understands and agrees that District staff, an authorized representative of the District, or any peace officer may remove any guests and vendors found to be in violation of any provision of this Agreement. g. No food or drinks are allowed in the auditorium. h. Smoking is not permitted inside ANY rental facility. Smoking is not permitted within twenty (25) feet of main entrances to the building. i. Parking is available onsite. The District does not assume any liability for loss or damage to vehicles parked on District property. j. No animals (except for companion or guide dogs) will be authorized inside any facility, without the prior written consent of the District at least thirty (30) days prior to the event. k. District property must be utilized in accordance with District policy at all times. Misuse of District property may result in forfeiture of facility deposit(s) and/or shutdown of the event. DocuSign Envelope ID: ECF0E789-9DD1-4506-8648-16E17B16E9D4 Client Initial: /*1-InitialHere-1*/ 6. SET-UP & DÉCOR a. Failure to sign-in at the beginning of your event may result in the forfeiture of your facility deposit. Signature must be provided by the person signing the permit or a pre-designated alternative contact. All deliveries must be made while CLIENT is present, District staff cannot and will not accept or sign for deliveries. b. The District will place the racks of tables and chairs in the room(s) for the CLIENT to set-up. When a dance floor and/or stage, is rented from the District, it will be set-up for the CLIENT in the predetermined location set by CLIENT. All resources, dance floor, stages, etc. must be ordered at least (30) days prior to the event. c. Smoke machines, fog machines, dry ice, and bubble machines are not permitted in the facility. d. Decorations MAY NOT be suspended from or attached to ceiling. Table and freestanding decorations are recommended. All decorations must be removed at the end of the event. e. All atypical items brought into the District’s facility must have prior approval. f. Masking or painters tape may be used to attach decorations to walls or fixtures. No scotch tape, packaging (cellophane) tape, or duct tape. NO nails, thumbtacks, push pins or staples. g. Confetti, glitter, and all other similar materials are not allowed inside or outside the facility. h. Candles and all other open flame decorations, except for votives and hurricanes, are not allowed and, if used, will result in the forfeiture of facility deposit and possible shutdown of the event. i. Helium balloons are allowed, but must be anchored in order to keep them from floating to the ceilings. All balloons and strings must be removed by the end of the event. j. Existing decorations (i.e. flags, plaques, etc.) may only be removed by District personnel. k. Any permitted, temporary drapery must be certified flame retardant. l. Security cameras may not be obstructed at any time. m. All items belonging to, or brought onto District property by any CLIENT, or guests or vendors thereof, must be removed from District’s property by the end of the rental period. 7. ALCOHOL & CATERING a. The District has an open-vendor policy. CLIENTS may utilize the caterer and/or bartender of their choice. b. Alcohol service must cease no less than thirty (30) minutes before the end of the rental time. c. Consumption of alcoholic beverages is prohibited during set-up and clean-up time. d. Alcoholic beverages may only be served to and by persons twenty-one (21) years or age and older. CLIENT's failure to comply, monitor, and enforce this provision is grounds for terminating the rental and forfeiting the deposit and rental fees which have been paid. e. Beer kegs MAY NOT be placed directly on the floor, they must be placed in a tub or on a table and have suitable material underneath to prevent “sweating” on the floor or carpet. f. An Alcoholic Beverage Control (ABC) license authorizing the service of alcohol at the event must be provided and be on file with the District at least two (2) calendar weeks prior to any event where alcohol is to be sold. It is the responsibility of CLIENT to obtain an ABC License and a City of Clovis temporary business permit (when applicable). g. If tickets are sold to an event where alcohol is served, no person under the age of twenty-one (21) may be allowed to attend, and “NO MINORS UNDER 21 YEARS OF AGE ALLOWED” must be printed on all tickets. h. Bartenders or those serving alcohol beverages may not consume alcohol prior to or while serving alcohol. i. Alcohol is NOT allowed in any common areas, unless with written consent from Management. If proper fencing is secured alcohol is allowed on the patio and park areas when the adjacent room(s) are rented and approved by the District. DocuSign Envelope ID: ECF0E789-9DD1-4506-8648-16E17B16E9D4 Client Initial: /*1-InitialHere-1*/ 7. ALCOHOL & CATERING (cont.) j. Failure to comply with any local, state or District regulations may result in immediate revocation of permission to serve alcohol and/or shutdown of the event. k. Warming trays, chafing dishes, and sterno may be used inside the facility. l. Propane IS NOT allowed inside the facility. Barbecues or propane cooking is allowed in an approved location and must be requested thirty (30) days prior to the event. Space is limited and accommodated on a first come first serve basis. 8. EVENT CLEAN UP a. District staff is responsible for picking up all tables and chairs, as well as additional items rented from the District. b. Kitchen Clean Up: It is the CLIENT’s responsibility to clean the kitchen as outlined in the “Kitchen Cleaning Guidelines.” (Attached when applicable). c. CLIENT will wipe up any spills on tables, chairs, and floor. Any food or drink which cannot be cleaned from the carpet may result in forfeiting all or a portion of deposit. (For example, punch stains, cake frosting, chocolate, sauces, etc.) d. Failure to vacate the facility in the allotted time or sign out with the Operations staff may result in a forfeiture of facility deposit(s). Signature must be provided by the person signing the permit or a pre-designated alternative contact. e. All items left on premises will be disposed of (including rentals) if not removed from the premises the day of your rental. 9. CANCELLATION POLICY a. Cancellation of a rental or changing of a booked date/room will result in the loss of the full 20% non-refundable down payment. b. 30 days or less: Cancellations of a rental or changing of a booked date/room thirty (30) calendar days or less will result in a loss of all fees associated with the rental, excluding the Facility Deposit. 6. INDEMNIFICATION By signing this Agreement, CLIENT agrees that, to the maximum extent permitted by law, CLIENT shall indemnify, defend and hold the District, including its elected officials, officers, employees, agents, volunteers and vendors free and harmless with respect to any and all claims, damages, and liabilities of any kind whatsoever, including payment of District’s actual attorney’s fees, arising out of or in any way connected with CLIENT’s rental, and CLIENT’s and/or CLIENT’s guests’, invitees’ and/or vendors’ use or occupancy, of any facility, and/or use or occupancy of any District-owned property in connection with the facility rental including, but not limited to, claims, damages and/or liabilities for personal injury, death and/or property damage to any person, and/or claims for payment by any vendor or other person or entity providing services in connection with CLIENT’s rental or use of the facility. To the maximum extent permitted by law, CLIENT shall be financially responsible for any and all damage to, or theft or loss of any District-owned property in any way arising out of or connected to CLIENT’s rental, or CLIENT’s or CLIENT’s guests’ or vendors’ use or occupancy of any facility, but not for damage to or loss of District property caused solely by any District employee. District shall be entitled to retain the facility deposit as full or partial payment for damage or loss attributable to CLIENT’s use or occupancy of the facility. District shall have no responsibility to safeguard personal property left on District property by CLIENT, guests, invitees, or vendors, after the rental. CLIENT agrees that the foregoing indemnification obligation shall apply to any claims asserted against the District concerning personal property left on District property after an event by any CLIENT, guest, or vendor, in violation of this Agreement. DocuSign Envelope ID: ECF0E789-9DD1-4506-8648-16E17B16E9D4 6. MICELLANEOUS TERMS Making any knowingly false statement or representation in the Facility Rental Application shall be grounds for immediate termination of this Agreement and may result in the forfeiture of facility deposit and/or rental amount paid, sufficient to reimburse the District for its administrative costs. The District may also immediately terminate this Agreement in the event of any breach of this Agreement, or conduct by or activities of the CLIENT or those of any of CLIENT’s guests or vendors, that present an immediate risk to the public health or safety. The District reserves the right to revoke any authorized use resulting in the cancellation of any meeting or event at any time for any reason. Possible reasons for cancellation may include, but not be limited to: intentional inaccurate or deceitful information provided by the CLIENT in reserving the facility, a declared state of emergency, or unsafe environmental or health reasons. In such event, the CLIENT agrees that the District shall have no responsibility for anything the CLIENT may suffer or incur due to cancellation. The District will attempt to notify the CLIENT as soon as possible if such a cancellation occurs. If such an event occurs, rental fees and/or facility deposits may be refunded dependent upon the circumstance. This Agreement constitutes the entire agreement between the District and the CLIENT. No representation, promise of understanding of the parties that is not set forth herein, shall be binding or have any force or effect. The prevailing party in any legal action brought for breach, or to enforce any provision of this Agreement, shall be entitled to recover reasonable attorneys’ fees and court costs. CLIENT DECLARES UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FACTS SET FORTH ABOVE ARE TRUE AND CORRECT. BY SIGNING BELOW, APPLICANT ACKNOWLEDGES THE FOLLOWING: I/we acknowledge that I/we have read and understand this Facility Rental Agreement. I/we will abide by the facility rental terms and conditions as stated in the Facility Rental Agreement. I/we further guarantee that my/our caterer and my/our vendors will be informed of and will adhere to the Facility Rental Agreement. /*1-DateSigned-4*/ Date (mm/dd/yyyy) /*1-SignHere-2*/ /*2-SignHere-8*/ Client Signature CVMD Representative Signature /*1-FullName-5*/ /*2-FullName-9*/ Client Printed Name CVMD Representative Printed Name DocuSign Envelope ID: ECF0E789-9DD1-4506-8648-16E17B16E9D4 9/18/2020 Robert W. Bash Amy Whitacre