CM-2014-587 - 11/7/2014ICity of Round Rock
ROUND ROCx
rE><As Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Facility Use Agreement for the use of Round Rock
ISD facilities for Fall Girls Volleyball Program.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/7/2014
Dept Director: Rick Atkins, Director
Cost:
Indexes: General Fund
Attachments: LAF Facility Use Agreement 11.3.14.pdf, BackUP Facility Use Agreement
11.3.14.pdf
Department: Parks and Recreation Department
Text of Legislative File CM -2014-687
Consider authorizing a Facility Use Agreement for the use of Round Rock ISD facilities for
Fall Girls Volleyball Program.
Round Rock PARD schedules practices and games at CMRC and various RRISD
gymnasiums to accommodate the 362 girls that participate in this program.
This agreement ties to the City of Round Rock Strategic Plan Goals 2017: The Sports
Capital of Tourism and Residents.
Staff recommends approval of this item.
CityORound Rock Page r Pdnw. IIIW014
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: PARD Project Name: Facility Use Agreement
Project Mgr/Resource: Cath Manel Contractor/Vendor:
xQCity Manager Approval
Approval
Employee EE Bowden `— Date October 29, 2014
1,1 ROUND ROCK
FACILITY USE AGREEMENT
NO: LISATED ON FACILITY REQUESTS
012 14-15 CITY DF RouND ROcWPARD
FALL VOLLEYUALL
User Group: CITYOFROUNDROCK Campus: District Use
Title: City Manager ,I/��
Contact Name: Sfeve-Plerml L/� wvI f01Ct �(�
Address: 221 East Main
City, State, zip: Round Rock, TX 78664
Phone: 512-218-5410
Email address: sft fh CeA( enndteCir:lz:rY.t—.XAj. qOl
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.
F) 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.
Facility Use Agreement Ver.3 Page 1 of 5
01114-15 Cary f!?,. dRc,,VPARU
CM -Z014-66-1
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 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': Agreement dates, time of use, facility and area of use, and fees
Exhibit B': Liability Insurance
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed. //
Rounq Rock11ndepender#c4ol District,
City of round Rock,
Sfgnem¢ �
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Printed
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Date
S,tramrc
Wesley D. Perkins
Manager, Department of Energy Management
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Date
Facility Use Agreement Ver.3 Page 2 of 5
Olt 14- 15 Cay ofRn,nd ROCWPARD
Round Rock Independent School District
Exhibit A
License for Use of Facilities
AMENDED 10/7/14
Campus /Facility: 2014
Chisholm Trail MS
MtYl1 4nvr Gym
5:30pm - 9:30pm September 23, 24, 30
October 1, 3, 7, 8, 14, 15, 17, 21, 24,28x31
November 4,X 11, 12, 18, 19
Large Gym
7:30am - 8:30pm October )1118, 25
November' 8, 15, 22
Mani
6argeGym
5:30pm-9:30pm November 21
Hopewell MS
Gym
6:00pm-9:00pm September 23, 24, 30 r Z(0r
October 1, 7, 8, 14, 15, 21, 28, 29 I lay 3
November 4, 11, 191 r Iy 1 Ih 1 Z l
Gym
800am-8OOpm Octoberl(, 18, 25
November I, 8, 15, 22
Rideeview MS
Large Gym
6:00pm-9:00pm
September?24,26,30 cAittelecA
October 1, 3, 7, 8, 10, 14, k,, 17, 21, 22 24, 28, 29, 31
November 4; 5, 7, 11, 12, 14, 19, 21 11
Large Gym
8 00am - I:OOpm
October 1 I
Large Gym
9:00am-3:OOpm
November
Large Gym
8:00am4,po8m
November
Walsh MS
Gym
6:00pm-8:00pm September 24
October 1, 8, 15, a6 �I
November 5, 12, 19
Facility Use Agreement Ver.3 Page 3 of 5
01214-13 Or, of ft.nd R,,VPAR
RRISD Equipment to be Used:
N/A
User's Equipment to be Used:
N/A
Fees:
Volleyball: $30.00 per student participation
Back up documentation must be provided of final student participation
$30.00 per hour Site Supervisor
Facility Use Agreement Vera Page 4 of 5
01114-15 Ctry of Round RO,kPARD
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 5 of 5
012 14-15 Ca, of Round R,,R PARD