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CM-2019-0298 - 10/4/201961 ROUND Rocx Q Q m FACILITY USE AGREEMENT NO: LISTED ON FACILITY REQUESTS 02419-20 CITY OF ROUND ROCK PARD FALL VOLLEYBALL User Group: CITY OF ROUND ROCK PARD Campus: District Use Title: Contact Contact Name: Laurie Hadley Address: 221 East Main City, State, Zip: Round Rock, TX 78664 Phone: 512-218-5410 Email address: Ihadley@roundrocktexas.gov Agreement: This Facility Use Agreement is entered into by and between Round Rock Independent School District (RRISD or District) and the User Group (User) identified above. The District and the User may hereafter be referred to individually as a "Party" or collectively as the "Parties". The Agreement, including all Attachments and Exhibits attached hereto and incorporated herein for all purposes (collectively, the "Agreement"), is a license for User to beneficially occupy the District's facilities described on Exhibit `A' during the times and for the purpose stated herein. This Agreement shall become effective upon its execution and shall remain in effect until the fulfillment of all considerations set forth herein including receipt of payment for all fees set out on Exhibit `A'. The undersigned User understands that RRISD facilities are reserved each day and at all times for use by RRISD students, per Board Policy GKD, "Nonschool Use of School Facilities". The User is granted a license to only use the facilities set out on Exhibit `A'. Liability Insurance: User is required to purchase and hold effective Liability Insurance as described on Exhibit `B'. User will not be allowed to occupy the District's facilities until the District has received User's Certificate of Insurance. User will indemnify and hold harmless the Round Rock Independent School District and its officers, agents and employees from all claims, causes of action and judgments for the injury or death of any person in the damage to property that arise, directly or indirectly, from the intentional or negligent act or omission of User or the officers, agents, employees, guests and invitees of User during the use or occupancy of RRISD facilities by User. See Liability Insurance Exhibit `B' Conditions of Use: I . User agrees to use the facility only at the times and for the purposes stated on Exhibit `A' as well as meet all RRISD requirements and payment of fees set out set out herein and on Exhibit `A'. 2. Use of RRISD facility is conditioned upon the requirements set out in policies and regulations of RRISD governing facility use, each of which policy and regulation is incorporated in this license agreement. 3. User agrees to comply with all applicable policies and regulations of RRISD, laws and regulations of the City and County of location, State of Texas and of the United States. 4. Limitations on RRISD responsibility: a) Each RRISD facility is licensed for use in its current AS IS, WHEREAS condition, subject to all faults and defects, whether known or unknown to RRISD or User. b) Interruption or loss of use of the RRISD facility based OR such events as adverse weather, loss of utilities, acts beyond the control of RRISD, negligence or other action or inaction by RRISD or its officers and employees or other similar causes shall not cause any liability to RRISD other than a refund of any fees paid to RRISD for use of the facility at the time scheduled, subject to a deduction by RRISD for expenses actually incurred prior to the interruption or loss of use. Facility Use Agreement Ver.3 Page 1 of 4 6q,2014, � � � �.Q2-! 19-10 ['iry of Round Rock PARD Fa!! Volleyball 5. Only the uses permitted by RRISD in this Agreement shall be conducted on the RRISD facility. The User may bring in only the personal property (such as lights, sound systems, sports equipment, food, beverages, and other similar items) specifically permitted by RRISD. 6. if required by RRISD, and User is so notified prior to the execution of the Agreement, User will at its cost provide security personnel approved in advance by RRISD to provide for security and safety of persons during the use of the RRISD facility. 7. In the event User cancels the use of the facility, User will be entitled to a refund of fees paid for the planned use if (1) such cancellation is received 48 hours prior to the planned event in writing and (2) to the extent that RRISD has lost revenue because of being unable to license the use of the facility to other parties; no refund will be granted. Where the District has incurred actual direct expenses to accommodate the User's event, such expenses will be become due to the District and may be deducted from fees, if any, previously paid to the District. 8. District policy requires that District employees open and close facilities for after-hours usage and to remain on site for emergency purposes as well as insure positive behavior of Users. In the event that the District cannot secure the staff necessary to open and close the facility, the District reserves the right to cancel the Agreement with a 60 day notice. Force Majeure: Notwithstanding the foregoing, in the event of a fire (except fres caused, accelerated, or contributed to, by User or User's participants), flood, earthquake or other acts of nature, war, terrorism, civil disorder, or curtailment of transportation facilities; and where such uncontrollable events result in the inability of the User to safely hold the planned event, the obligations of each party to the other under this agreement shall be completely cancelled and deemed null and void and neither party shall have any further obligation to the other hereunder. Exception for multiday events: The District will be compensated for.each full day of usage not cancelled. Compensation will be prorated at the daily rental rate. Exhibits and Attachments: Exhibit `A': Agreement dates, time of use, facility and area of use, and fees Exhibit `13% liability Insurance IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed. C7 o ound Rack, a�� Signature it Printed Name Laurie dley r; C, Title 10 Art. i Date Round Rock Independent School District, Signature David Hoedebeck Director, Department of Maintenance Date Facility Use Agreement Ver 3 Page 2 of 4 024 19-20 City of Round Rock PARD Fall 1'olleyball Round Rock Independent School District Exhibit A License for Use of Facilities AMENDED 9/17/19 Campus / Facility: District Fall 2019 Chisholm Trail MS Large Gym 5:00pm -- 9:00pm October 1, 2, 8, 9, 15, 16, 22, 23, -1.9, 30 November 5, 6, 12, 13, 19, 20 Large Gym 7:30am - 7:30pm October 5, 12, 19 November 2, 9, 16, 23 Hopewell MS 600 Gym 6:00pm - 9:00pm September 17, 20, 24, 25, 27 October 1, 2, 47 8, 9, 11, 15, 16, 18, 22, 23, 25.20.30 November I, 51. 6, 8, 12, 13, 15, 19, 20, 22 500 Gym 8:00am 6:00pm October 5, 12, 19, 26 November 2, 9, 16, 23 Ridgeview MS Large Gym 6:00pm - 9:00pm September 17, 24, 25, 27 October 1, 2, 4, 8, 9, 15, 16, 2_'?, 29 November 5, 6, 12, 13, 15, 22 Fees: Facility Use: $30.00 per participant Site Supervisor: $30.00 per hour Custodial Services: None Notes: I . Back up documentation for participant quantity must be provided for youth sports agreements. 2. Supervision for after-hours gymnasium usage will be coordinated and assigned by the campus Principal. Youth sports organizations will be charged for each hour of supervision, except where the supervisor is provided by a volunteer salaried Round Rock ISD employee. Charges will apply to weekday and weekend events, Facility Use Agreement Ver,3 Page 3 of 4 024 19-20 Ci11, of Ronnd Rock PARD Fall t'olleybull Round Rock Independent School District Exhibit B Liability Insurance User group(s) shall purchase, provide and keep in effect during the use period licensed pursuant to this regulation a liability insurance policy, or rider to an existing policy, naming as additional insured "Round Rock Independent School District, its officers, employees and agents," which will provide coverage in the amount of $500,000 for property damage and $1,000,000 per person and $1,000,000 per occurrence for personal injury (including death). Coverage provided by such policy or rider must apply to the death or injury of any person and the damage to property that result, directly or indirectly, from the intentional or negligent act or omission of user's officers, agents, employees, guests, or invitees during the use or occupancy of District premises. Such insurance shall be with an insurance company or companies authorized to do business in Texas, under policy or policies acceptable to the District and provided no later than 14 calendar days prior to the use. The User must provide the District with a certificate of insurance attesting the existence of a policy or policies providing coverage required, or, if requested, by the District a certified copy of the policy or policies. If a policy contains deductible provisions, user shall be responsible for payment of the deductible amount for any claim(s). Facility Use Agreement Ver 3 Page 4 of 4 024 19-20 City of Round Rock PARD Full Volleyball r TMLCertificate of Coverage INICNLUVCHNFIEATAL HI%K [Y1U3. TMLIRP Contract Number: 3t?7 Member: Company Affording Coverage: Round Rock Texas Municipal League Intergovernmental Risk Pool (TMLIRP) Mr. Michael Bennett PO Box 149194 Risk Manager Austin, TX 78714-9194 221 E Main Ave Ste 100 (512) 491.2300 or (800) 537.6655 Round Rock, Texas 78664 Fax (512) 491-2404 Certificate Holder: Round Rock ISD 16255 S Great Oaks Drive Round Rock TX 78664 This is to certify that the coverages listed below have been provided to the member and are In effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be Issued or may pertaln, the coverage afforded by TMLIRP described heroin is subject only to the lerms, exclusions and additions of TMLIRP's Coverage contracts between TMLIRP and Its mernber(s). Coverage Is continuous until canceled. General Liability Effective Date- 10/1/2019 Real & Personal Property Effective Date Anniversary Date. 10/112020 Anniversary Date Limits of Liability (Each Occurrence) 51.000,000 Limits of Coverage: Sudden Events Involving Pollution (Each Occurrence) $1.000,000 Deductible per Occurrence Annual Aggregate $2.000,000 Deductible per Occurrence 52,500 Mobile Equipment Effective Date Anniversary Dale Limits of Coverage. Law Enforcement Liability Effective Date Anniversary Date; Deductible per Occurrence Limits of Liability (Each Occurrence) Annual Aggregate, Deductible per Occurrence Boiler & Machinery - Broad Form Effective Date, Anniversary Date Per Accident Limit Deductible per Occurrence Errors and Omissions Liablllty Effective Date- Anniversary Date Limits of Liability(Each Wrongful Act) Annual Aggregate Deductible per Occurrence Yes No Mortgagee Loss Payee Loan Number Auto Liability Effective Date, YearlMakelModel VIN value Anniversary dale Limits of Liability (Each Occurrence) Deductible per Occurrence Auto Physical Damage Effective Date Anniversary Date Limits of Liability, Collision Deductible. Comprehensive Deductible I Yes No Loss Payee. Loan Number. DESCRIPTION: Evidence of coverage for the City of Round Rock's use of any and all Round Rock ISO facilities. General Liability is primary Endorsement EL253 - Additional Covered Party -Other Governmental Entity is attached (Limited to Acitvities of the Fund Member) -7 1-... n Q"r w. ,,,ti a uvu a+ciwwru uwvrerayeb cue canceieo oerore the anniversary care Inereor, TMLIRP will endeavor to mall 30 days written notice to the above named certificate holder, but failure to mall such notice shall impose no obligation or liability of any krnd upon TMLIRP. Authorized Representative: Kris Reim Date Issued: i 712019 X102 2110/2015 City of Round Rock t ROUND ROCK .v, Agenda Item Summary Agenda Number: Title: Consider executing a Facility Use Agreement with RRISD for Girls Fall Volleyball September 17 - November 23, 2019. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/4/2019 Dept Director: Rick Atkins, Director Cost: $26,000.00 Indexes: General Fund Attachments: RRISD Fall VB Agreement, TML COC - Insurance, CMAF RRISD Fall Volleyball Department: Parks and Recreation Department Text of Legislative File CM -2019-0298 This agreement is for use of RRISD gymnasiums for the Fall Girls Volleyball League. Round Rock PARD schedules practices and games at CMRC and various RRISD gymnasiums to accommodate the 315+ girls that participate in this program. This agreement will include expenses for the RRISD gym rental and on-site RRISD facility supervisor. Cost: $26,000.00 Source of Funds: General Fund City of Round Rock Page 1 Printed on 101412019