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CM-04-12-090Request for City Council/City Manager Action Please submit this Roan when placing items on the council agenda or when submitting an item to the City Manager for approval Department: Contact Person: Project Name: ContractorNendor Name: Round Rock ISD PARD Project Manager/Resource: Jenene Jeffries Vanessa Shrauner Amount: $3,984.00 Is Funding Required? Council Agenda Item Submission to City Manager - Yes Yes X Council Meeting Date: Funding Source: General Fund Assigned Attorney: Veronica Rivera (contract, agreement.amendment,change order, purchase,etc.) Qty �)i 'Z>9'`X-, No ❑(Line item budget item) No F. 1 Yes nNon (see required signatures below before submission to the City Manager) Agenda Wording: O Initial Construction Contract ❑ Construction Contract Amendment s O Change Order #_ QChange in Quantity ED Unforeseen Circumstances O Initial Professional Services Agreement O Supplemental Professional Svcs. Agr. *_ O Purchasing/Service Agreement • Purchase Order Item(s) to be purchased: Amount © Other (Please clearly identify action on lines below) This is our volleyball agreement with RRISD for the use of gym space The program has already taken place and a PR has been done, RRISD is now requiring the signing of attached contract for their file. Gym space is budgeted for annually in 5327-100-23006. It (Lt. For Submission to City Manager Only Project Mgr. Signature: Dept. Director Signature: City Attomey Signature: City Manager Signature: R M L proval is required for as hems Date: / I l, / Date: Date: �� -P.y Date: N..- z3 - G4 requesting City Manager's approval. Finance Approval x� Finance -Date and Signature: n/a L. Olsen (dp) 11/17/04 ESW O Purchasing -Date and Signature: N/A HB 11-17-04 Budget -Date and Signature: Cheryl Delaney 11/16/2004 yeaniNcvadoN ftw-cow ct acoonAc 11-1.04 DATE: December 22, 2004 SUBJECT: City Manager Approval ITEM: This is our volleyball agreement with RRISD for the use of gym space. The program has already taken place and a PR has been done, RRISD is now requiring the signing of the attached contract for their file. Gym space is budgeted for annually in 5327-100-23006 Department: PARD Staff Person: Sharon Prete Jenene Uhrig Justification: Funding: Cost: $3984.00 Source of funds: General Fund 5327-100-23006 Outside Resources: Round Rock ISD Background Information: Public Comment: round rock 000 ROUND ROCK INDEPENDENT SCHOOL DISTRICT FACILITY USE AGREEMENT CITY OF ROUND ROCK / PARD: VOLLEYBALL PHONE: 218-5540 x362 CONTACT NAME: JENENE UHRIG TITLE: ATHLETIC SUPERVISOR EMAIL ADDRESS: JJEFFRIES(a,ROUND-ROCK.TX.US AUTHORIZED REPRESENTATIVE: SHARON PRETE TITLE: DIRECTOR OF PARKS AND RECREATION AUTHORIZED REPRESENTATIVE: JIM NUSE TITLE: CITY MANAGER 301 BAGDAD, STE 250 ROUND ROCK, Tx 78664 This agreement is a license to use certain facilities of the Round Rock Independent School District (RRISD) described on Exhibit A during the times, for the purpose and upon consideration of the performance of the conditions set out herein and the payment of certain fees all is set out on Exhibit A. Liability Insurance is described on Exhibit B under the requirements of RRISD's GKD (regulation) policy. The undersigned User understands that RRISD facilities are reserved each day and at all times for use by RRISD students, per Board Policy GKD (See Attachment Exhibit "C"), and the User is granted only a license to use the facilities set out on Exhibit A for such a period as the facility is not scheduled for use by RRISD. Conditions of granting license for use: 1. User agrees to use the facility at the times, for the purpose and to meet all RRISD requirements set out herein and on Exhibit A and to the payment of the fee set out 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 and laws and regulations of the 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. 6. 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. 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 such cancellation is received 48 hours prior to the planned event in writing unless the User's reservation has resulted in RRISD declining to make available the facility for other uses. To the extent that RRISD has lost revenue because of being unable to license the use of the facility, no refund will be granted. If RRISD has incurred expenses, the expense incurred will be deducted before any fees are refunded. 8. In the event that The District cannot secure the custodial staff necessary for the use of the facility, RRISD reserves the right to cancel the existing contract with a 60 day notice. 9. 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 attachment "B" Accepted by Authorized Representative: Sharon Prete or Jim Nuse Date: Accepted by RRISD Representative: Ed Sevcik Date: ROUND ROCK INDEPENDENT SCHOOL DISTRICT EXHIBIT A LICENSE FOR USE OF FACILITIES: FACILITY CAMPUS / FACILITY: SEE ATTACHED FACILITY REQUEST DATE OF USE: SEE ATTACHED CALENDAR TO REQUEST START DATE: SEPTEMBER 2004 END DATE: NOVEMBER 2004 TYPE OF USE: GYM RRISD EQUIPMENT TO BE USED: NONE USER EQUIPMENT TO BE USED: NONE FEES: SEE ATTACHED EXCEL SHEET FOR BREAKDOWN 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).