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CM-08-01-020DATE: January 14, 2008 SUBJECT: City Manager Approval- January 18, 2008 ITEM: Consider a resolution authorizing the City Manager to enter into an agreement with the Round Rock Independent School District for the use of their gymnasiums for the Fall 2007 Youth Volleyball and the Winter 2007-2008 Youth Basketball Programs. Department: Parks and Recreation Department Staff Person: Rick Atkins Justification: Funding Not to exceed $35, 000.00 for the Girls Volleyball Cost: Program Source of funds: General Fund 5326-100-23006 Outside Resources: Background Information: Public Comment: round rock 000 ROUND ROCK INDEPENDENT SCHOOL DISTRICT FACILITY USE AGREEMENT SCHOOLDUDE# LISTED ON LAST PAGE CONTRACT 015 07— 08 CITY OF ROUND ROCK CAMPUS: CHISHOLM TRAIL MIDDLE SCHOOL, HOPEWELL MIDDLE SCHOOL AND RIDGEVIEW MIDDLE SCHOOL GROUP: PARKS AND RECREATION DEPARTMENT: BASKETBALL AND VOLLEYBALL SEASON CONTACT NAME: JIM NUSE / JENENE UHRIG TITLE: CITY MANAGER / ATHLETICS & AQUATICS SUPERVISOR PHONE: 341-3362 FAX: 218-5548 ADDRESS: CITY, STATE, ZIP: 301 BAGDAD, SUITE 250 ROUND ROCK, Tx 78664 EMAIL ADDRESS: JJEFFRIES( ROUND-ROCK.TX.US 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. 4The City of Round Rock will include Round Rock ISD as an additional insured on their general liability 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 �1-00 0l- co -o 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. To the extent permitted by law, 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 Accepted by Authorized Representative: Jim Nuse, P.E., City Manager Date: Accepted by RRISD Representative: Ed Sevcik Date: ROUND ROCK INDEPENDENT SCHOOL DISTRICT EXHIBIT A LICENSE FOR USE OF FACILITIES: FACILITY CAMPUS / FACILITY: CHISHOLM TRAIL MS, HOPEWELL MS, AND RIDGEVIEW MS DATE: SEPTEMBER 2007 - MARCH 2008 TIME: 6:OOPM - 9:OOPM PRACTICES WEEKDAY'S 8:OOAM - 5:OOPM GAMES SATURDAY'S DAY OF THE WEEK: TUESDAY, WEDNESDAY, FRIDAY, SATURDAY CALENDAR ATTACHED YES To FACILITY REQUEST: SPACE USED: GYMNASIUM RRISD EQUIPMENT TO BE USED: NONE USER EQUIPMENT TO BE USED: NONE RRISD ATHLETIC SUPERVISOR YES FEES: VOLLEYBALL: $25.00 PER STUDENT PARTIPATION. BASKETBALL: $30.00 PER STUDENT PARTIPATION. ATHLETIC SUPERVISOR: $25.00 AN HOUR BACK UP DOCUMENTION MUST BE PROVED OF FINAL STUDENT PARTIPATION NOTE: IF CAMPUS REQUIRES A RRISD ATHLETIC SUPERVISOR, THERE WILL BE .ADDITIONAL FEE OF $25.0OPI=:R HOt'R. P a • EXR1131-T-B CHISHOLM TRAIL MIDDLE SCHOOL: 123367,123370,123373,123381, 123392, 123392, 123397, 123400, 123401, 123402, 123404. HOPEWELL MIDDLE SCHOOL: 125102 RIDGEVIEW MIDDLE SCHOOL: 125176,125181,125185,125189,125193,125199,125203,125207