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CM-2022-225 - 9/30/2022ROUND ROCK 0010 FACILITY USE AGREEMENT CITY OF ROUND ROCK PARD User Group: PARD VOLLEYBALL Campus: Hopewell MS, Ridgeview MS Event Name: Volleyball Contact Name: Tyler Carter Address: 221 East Main St. City, State, Zip: Round Rock, Tx 78681 Phone: 512-937-5000 Email address: tcarter@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 all 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: I. 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 scheduled, subject to a deduction by RRISD for expenses actually incurred prior to the interruption or loss of use. 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. Facility Use Agreement Ver.4 812017 City of Round Rock PARD 914 �j Page 11 of 6 At ROUND ROCK © ® 4) 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 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 L4.ependent School District, S wre Signature David Hoedebeck —.4c., 'No. Director, Department of Maintenance _q NOTE: In case of Emergency or late cancellation, please call the on call number: 512-464-4444 Facility Use Agreement Ver 4 812017 City of Round Rock PARD Page 2 of 5 61 Rourrn Rocx O O 0 EXHIBIT A 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 organization/business is responsible for compensation to the following at each of the different types of facilities: ❑ Site Facilitator (RRISD staff) ❑ Custodial Staff (RRISD staff) ❑ 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 8l2017 City of Round Rock PARR Page 3 of 5 61 ROUND ROCK O O m Exhibit B Facility Use Needs Request Campus / Facility: ' Ridgeview MS Dates and Times of use are on the following spreadsheets Fees: Practices: Youth Sports Rate $30 per rostered participant Site Supervisor Rate $30 per hour Games: Gym Rental Fee $60 per hour Site Supervisor Rate $30 per hour Area to be Used: Gyms RRISD Equipment to be Used: User's Equipment to be Used: Are you a RRISD employee: No Facility Use Agreement Ver.4 812017 City of Round Rock PARD Page 4 of 6 2022 Fall Volleyball at Ridgeview September - November Day of Space FS # Date Week Time Hours Requested Event Fee 222666 9/6/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 222666 9f7/22 W 6-8 pm 2 Lg Gym Practice Y.S.R 222666 9/13/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 222666 9/14/22 W 6-8 pm 2 Lg Gym Practice Y.S.R 222666 9/20/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 222666 9/21/22 W 6-8 pm 2 Lg Gym Practice Y.S.R 222666 9/27/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 222666 9/28/22 W 6-8 pm 2 Lg Gym Practice Y.S.R 222667 1014122 T 6-8 pm 2 Lg Gym Practice Y.S.R 222667 10/5/22 W 6-8 pm 2 Lg Gym Practice Y.S.R 222667 10/11/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 1222667 10/14/22 F 6-8 pm 2 Lg Gym Practice Y.S.R ,222667 10/18/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 222667 10/19/22 W 6-8 pm 2 Lg Gym Practice Y.S.R !222667 10/21/22 F 6-8 pm 2 Lg Gym Practice Y.S.R 1222667 10/25/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 1222667 10/26/22 W 6-8 pm 2 Lg Gym Practice Y.S.R 222668 11/1122 T 6-8 pm 2 Lg Gym Practice Y.S.R 222668 11/2122 W 6-8 pm 2 Lg Gym Practice Y.S.R 222668 11/8/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 222668 1119122 W 6-8 pm 2 Lg Gym Practice Y.S.R 222668 11/15/22 T 6-8 pm 2 Lg Gym Practice Y.S.R 222668 11/16/22 W 6-8 pm 2 Lg Gym Practice Y.S.R 46 46 practice hours Site Super $30/hour x 46 = $1, 380.00 Day of Space FS # Date Week Time Requsted Event Fee 222670 9/24/22 Sat Sam - 7 pm 11 Lg. Gym Game $60/hr 222671 10/1/22 Sat 8am - 7 pm 11 Lg. Gym Game $601hr 222671 10/8/22 Sat 8am - 7 pm 11 Lg. Gym Game $601hr 222671 10/22/22 Sat 8am - 7 pm 11 Lg. Gym Game $60/hr 222671 10/29/22 Sat 8am - 7 pm 11 Lg. Gym Game $601hr 222672 11/5122 Sat 8am - 7 pm 11 Lg_ Gym Game $601hr 222672 11/12/22 Sat 8am - 7 pm 11 Lg_ Gym Game $601hr 222672 11 /19/22 Sat 8am - 7 pm 11 Lg_ Gym Game $601hr 88 11 hours each game day x 8 days =88 hours x $60/hours = $5,280.00 Gym Rental Fees $5,280.00 11 hours each game day x 8 days =88 hours x $30/hours = $2,640.00 Site Supervisor Fees $2,640.00 Game Day Fee Total $7,920.00 Practice Days Fees Site Super $30/hour x 46 =$1, 380.00 $1,380.00 Youth Sports Rate is based on Roster Roster # Required 2022 Fall Volleyball at Hopewell October - November Day of Space FS # Date Week Time Hours Requested Event Fee GymlLow 223780 1014/22 T 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223780 10/5/22 W 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223780 1017122 F 6-9 pm 3 Comm Practice Y.S.R GymlLow, 223780 10/11/22 T 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223780 10/14/22 F 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223780 10/18/22 T 6-9 pm 3 Comm Practice Y.S.R Gym/Low 1223780 10/19/22 W 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223780 10/25/22 T 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223780 10/26/22 W 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223780 10/28/22 F 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223781 11/1122 T 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223781 11/2122 W 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223781 11/4/22 F 6-9 pm 3 Comm Practice Y,S,R Gym/Low 223781 11/8/22 T 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223781 11/9/22 W 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223781 11/11/22 F 6-9 pm 3 Comm Practice Y.S.R GymlLow 223781 11/15/22 T 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223781 11/16/22 W 6-9 pm 3 Comm Practice Y.S.R Gym/Low 223781 11/18/22 F 6-9 pm 3 Comm Practice Y.S.R 57 Day of FS # Date Week 57 Practice h rs Site per $3 our x = 7 .00 (Y.S.R) Y th its Rate = $30 per stered pl r for the Season Time Space Building Requsted Event Fee 223784 10/1/22 Sat Sam - 7 pm 11 Lg. Gym Game $60/hr 223784 10/8/22 Sat 8am - 7 pm 11 Lg. Gym Game $60/hr 223784 10/15/22 Sat 8am - 7 pm 11 Lg. Gym Game $60/hr 223784 10/22/22 Sat Barn - 7 pm 11 Lg. Gym Game $60/hr 223784 10/29/22 Sat 8am - 7 pm 11 Lg. Gym Game $60/hr 223785 11/5/22 Sat 8am - 7 pm 11 Lg. Gym Game $60/hr 223785 11/12/22 Sat Sam - 7 pm 11 Lg. Gym Game $601hr 223785 11/19/22 Sat 8am - 7 pm 11 Lg. Gym Game $60/hr 88 11 hr/game day x 8 days =88 hours x $60/hours of Gym Rental Fees 5,280.0 11 hr/ game day x 8 days =88 hours x $30/hours of Site Supervisor Fees .640 0 f r Game Day Fee Total $7. .00 Practice Days Fees / ` Site Super $30/hour x 57 = $�,710. Youth Sports Rate is based on roster Roster # ( needed Dropped Per Tylet�ari"e�' den�itrren�' 0 ROUND ROCK OOm 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 Ver.4 8/2017 City of Round Rock PARD Page 5 of 5 City of Round Rock .0' ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Facility Use Agreement with RRISD for PARD 2022 Fall Volleyball October - November 2022. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/30/2022 Dept Director: Rick Atkins, Director of Parks and Recreation Cost: $18,930.00 Indexes: General Fund Attachments: LAF RRISD Volleyball 2022, Fail 2022 PARD Vol Ieyball_encrypted_ Department: Parks & Recreation Text of Legislative File CM-2022-225 This agreement is for use of RRISD gymnasiums for the 2022 Fall Girls Volleyball League. Round Rock PARD schedules practices and games at CMRC and various RRISD gymnasiums to accommodate the 200 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: $18,930.00 Source of Funds: General Fund City of Round Rock Page 1 of 1