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CM-2020-074 - 3/13/2020At Rourrn Rocx O A O FACILITY USE AGREEMENT NO: LISTED ON PAGE 4-5 11519-20 PARD SPRING VOLLEYBALL User Group: PARD Campus: Hopewell, Ridgeview, Chisholm Trail Event Name: Spring Volleyball Contact Name: Jenene Uhrig Address: 221 East Main City, State, Zip: Round Rock, TX 78664 Phone: 512-218-5540 Email address: jjeffries@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 `B' 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 ail considerations set forth herein including receipt of payment for all fees set out on Exhibit `B'. The undersigned User understands that RRISD facilities are reserved each day and at all times for use by RRISD students, per Board Policy GKD, "Non -school Use of School Facilities". The User is granted a license to only use the facilities set out on Exhibit `B'. Liability Insurance: User is required to purchase and hold effective Liability Insurance as described on Exhibit `C'. 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 `C' Conditions of Use: 1. User agrees to use the facility only at the times and for the purposes stated on Exhibit `B' as well as meet all RRISD requirements and payment of fees set out set out herein and on Exhibit `B'. 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 on 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 Facility Use Agreement Vero 812017 Page 1 of 6 Initials of Renter Date 11519-20 PARD Spring Volleyball 6q, 2a?�-077 no Rouivn Rocx 004 scheduled, subject to a deduction by RRISD for expenses actually incurred prior to the interruption or loss of use. 5.Oniy 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 bU day notice. Force Majeure: Notwithstanding the foregoing, in the event of a fire (except fires 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': Additional Facility Usage Rules and Guidelines Exhibit `B'. Facility Use Needs Request Exhibit'C': liability Insurance IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed. Round Rock Independent School District, Signature David Hoedebeck Director, Department of Maintenance 1 Mt. Datc �rG�W Dam NOTE: In case of Emergency or late cancellation, please call the on call number: 5124644444 Facility Use Agreement Ver.4 812017 Page 2 of 6 Initials of Rentcr Date I IS 14-20 PARD Spring Volleyball Rouivn Rocx O 4) O Additional Facility Usage Rules and Guidelines • Last minute cancellations need to be received by the on call technician a minimum of two hours prior to the event to allow time for the cancellation of personnel and HVAC. If two hours notice is not given, full charges for the event will apply. • Event organizers shall cooperate with Energy Management to make a good faith estimate in professional security needs dependent on event size and volatility. This is also to ensure that all activities shall be orderly and lawful, as well as to ensure proper audience deportment. Energy Management will make the final determination, and will make the necessary arrangements while the event may be billed as necessary. • The sponsoring business/organization is responsible for its staff and patrons during the entire time on site. • The sponsoring organizationtbusiness is responsible for compensation to the following at each of the different types of facilities: 0 Site Facilitator (RRISD staff) ❑ Custodial Staff (RRISD staff) i? Security (provided by RRISD staff if needed) • Any groups that intend to film or photograph at RRISD facilities must contact the Community Relations Department for approval before any rental is considered. • Participants and audience members are not to be admitted to the facility until at least one event organizer/sponsor is present. • The number of participants may not exceed the authorized capacity of the facility. • Participation shall not discriminate against persons because of age, race, color, creed, religion, disability, gender, ethnic or national origin, or veteran status. RRISD prohibits discrimination against individuals with disabilities and events must reasonably accommodate applicants with a disability, upon request. • Organizations shall comply with all federal, state, and local laws, regulations, policies, and licensing requirements. • if required by RRISD, 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. • RRISD specifically prohibits the consumption, sale or advertisement of all alcohol and tobacco products on school district property. Any violation of this policy shall allow the Round Rock Independent School District to make null and void and remaining usage covered by this agreement. • All user groups shall be held responsible for reimbursing the cost of damage, loss, or excessive cleaning charges incurred through their use of the facility. Recurring losses or damages may result in the loss of use of privileges by the responsible organization. • Groups are responsible for assisting in the cleanup of the facility and the removal of all materials that they brought. Event organizers should confirm with Site Facility Supervisors that the building is in a neat and orderly condition before leaving. • An additional supplement for athletic facilities and/or the performing art centers may be required. • Organization understands that anything with an open flame is PROHIBITED. This would include candles, incense etc. • Organizations understands that if first responders (police, fire) are called, organization will be charged for fees associated with false calls or negligence. Facility Use Agreement Ver.4 8/2017 Page 3 of 6 Initials of Renicr . - .. Date. - ___ 115 19-20 PARD Spring Volleyball At ROUND Rocx ppp FYhihit R Facility Use Needs Request Campus 1 Facility: Hopewell, Ridgeview, Chisholm Trail Date & Time of Use: See Dates Below; Time on weekdays is 6 — 9 PM, Saturdays from 8 AM -- 6 PM Day of Week: Monday - Saturday Area to be Used: GYM RRISD Equipment to be Used: NrA User's Equipment to be Used: As brought in by User Group Fees: S30 per participant: Roster to be provided by User Group (Roster is subject to audit by District) $30 per hour/Site Supervisor: Calculated at end of season $30 per hour/Custodial Service: Applies only to Saturday use Are you a RRISD employee: No Facility Use Agreement Ver.4 812017 Page 4 of 6 Initials of Rcntcr Date 115 19-20 PARD Spring Volleyball 0 Rouivn ROCK O 0 O Hopewell MS Schedule: Facility Schedules: 209721 & 209722 March 2-6 (M-F), 9-13 (M-F), 23-27 (M-F), 28 (Sat), 30-31 (M-T) Facility Schedules: 209726 & 209731 April 1-3 (Wed -Fri), 4 (Sat), 6-10 (M-F), 13-17 (M-F), I8 (Sat), 20-24 (M-F), 25 (Sat), 27-30 (M-TH) Facility Schedules: 209730 & 209749 May I (Fri), 2, (Sat), 4-8 (M-F), 9 (Sat), 11-15 (M-F), 16 (Sat) Chisholm Trail MS Schedule: Facility Schedules: 210833 & 21083 March 2, 3, 5, 9, 10, 12, 23 (Man, Tues, Th), 28 (Sat) Facility Schedules: 210835 & 210836 April 6, 7, 9, 20, 21, 27, 28 (Mon, Tues, Th), 4 & 18 (Sat) Facility Schedules: 210838 & 210839 May 4, 7, It, 12 (M & T) May 2 & 9 (Sat) Rideeview MS Schedule: Facility Schedule 211258 March 24 (M-W), 6 (F), 9 & I I (M & W), 23-25 (M-W), 27 (F) Facility Schedule: 211259 April 1-3 (W-F), 4 (Sat), 6 & 7 (M & T), 9 (Th), 13 (M), 15-16 (W & Th), 20, (M), 22 (W), 24 (F), 29-30 (W & Th) Facility Schedule: 211262 May 1-2 (F & S), 4 (M), 7 (Th), 11-12 (M-T), 15 (F) Facility Use Agreement Ver.4 812017 Page 5 of 6 Initials of Renter Date 115 19-20 PARD Spring J olleyball 0 ROuivn Rocx O 0 O Round Rock Independent School District Exhibit C 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 Vera 812017 Page 6 of 6 InitiaisorRcntcr Date — 11519-20 P.4RDSprrngVolleyball City of Round Rock ROUND ROCK TxAS Agenda Item Summary Agenda Number: Title: Consider executing a Facility Use Agreement with RRISD for PARD Spring Volleyball March 2020 - May 2020. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/13/2020 Dept Director: Rick Atkins, Director Cost: $30,000.00 Indexes: General Fund Attachments: Spring Volleyball Agreement 2020, CMAF Facility Use RRISD Spring Volleyball Department: Parks and Recreation Department Text of Legislative File CM-2020-074 This agreement is for use of RRISD gymnasiums for the Spring 2020 Girls Volleyball League. Round Rock PARD schedules practices and games at CMRC and various RRISD gymnasiums to accommodate the 300+ girls that participate in the program. This agreement will include expenses for the RRISD gym rental and on -site RRISD facility supervisor as well as custodial services. Cost. $30,000.00 Source of Funds: General Fund City of Round Rock Page ? Printed on 3H2/2020