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CM-08-01-022DATE: January 18, 2008 SUBJECT: City Manager Approval- January 25, 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 cafeterias for the Parks and Recreation Strategic Master Plan Open Houses. Department: Parks and Recreation Department Staff Person: Rick Atkins .Justification: Funding Cost: $580.00 Source of funds: General Fund 5326-100-23006 Outside Resources: Background Information: Public Comment: round rock 0 ROUND ROCK INDEPENDENT SCHOOL DISTRICT FACILITY USE AGREEMENT SCHOOLDUDE #: 132446, 132448, 132453 AND 132139 037 07-08 CITY OF ROUND ROCK PARK AND RECREATION CAMPUS: OLD TOWN, FOREST CREEK, CALDWELL HEIGHTS ELEMENTARY AND CHISHOLM TRAIL MIDDLE GROUP: STRATEGIC MASTER PLAN OPEN HOUSE CONTACT NAME: JIM NUSE / DEBBIE DAVILA TITLE: CITY MANAGER / ASSISTANT TO THE DIRECTOR PHONE: 341-3354 FAx: 218-5548 ADDRESS: CITY, STATE, ZIP: 301 BAGDAD, SUITE 250 ROUND ROCK, Tx 78664 CONTACT NAME: DEBBIE DAVILA EMAIL ADDRESS: DDAVILA@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. 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 agreementshall 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: Jim Nuse / Debbie Davila Date: Accepted by RRISD Representative: Ed Sevcik Date: ROUND ROCK INDEPENDENT SCHOOL DISTRICT EXHIBIT A LICENSE FOR USE OF FACILITIES: FACILITY CAMPUS / FACILITY: DATE OF USE: TIME: CALENDAR ATTACHED To FACILITY REQUEST: SPACE USED: RRISD EQUIPMENT TO BE USED: USER EQUIPMENT TO BE USED: FEES: CAMPUS FACILITY FEES: FOREST CREEK ES: $100.00 CALDWELL HEIGHTS ES: $100.00 CHISHOLM TRAIL MS: $105.00 OLD TOWN ES: $75.00 FOREST CREEK ELEMENTARY, CALDWELL HEIGHTS ELEMENTARY, CHISHOLM TRAIL MIDDLE, OLD TOWN ELEMENTARY FEBRUARY 6, 2008 FEBRUARY 13, 2008 FEBRUARY 12, 2008 FEBRUARY 19, 2008 6:OOPM - 9:OOPM 6:OOPM - 9:OOPM 5:3OPM - 8:3OPM 6:30PM - 8:30PM N/A CAFETERIA NONE NONE CUSTODIAN FEE: $50.00 $50.00 $50.00 $50.00 TOTAL: $150.00 $150.00 $155.00 $125.00 $580.00 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).