CM-12-01-010Item Caption:
C ft7.-C4-O(O RECEIVED
JAN 181011
City Manager Approval Form
Consider executing a Facility Use Agreement between the City and Round Rock ISD. This agreement will
provide facilities for the City of Round Rock PARD Winter Basketball.
Approval Date: January 20, 2012
Department Name: Parks and Recreation Department
Project Manager: Cath Martel, Athletics/Aquatics Manager
Assigned Attorney: J. Kay Gayle
Item Summary:
Contract to use RRISD gymnasiums for the 2011-12 Winter Youth Basketball season. The Round Rock PARD schedules practices
and games at CMRC and various RRISD gymnasiums to accommodate the 551 youth that participate in this program.
No. of Originals Submitted: 2
Project Name: RRISD Contract
Cost: Not to exceed $20,000
Source of Funds: General Fund
Source of Funds (if applicable): General Fund
Account Number: 5326-100-23006
Finance Director Approval: S. Carter for Cheryl Delaney
Department Director Approval: Rick Atkins GK
Date: 01/18/2012
Date: 1-13-12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP 7 ❑ Budget
N/A OK
N/A OK
Purchasing ❑ Accounting ❑111
N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
7
User Group:
Title:
Contact Name:
Address:
City, State, Zip:
Phone:
Email address:
fiROUND ROCK 000
FACILITY USE AGREEMENT
No: LISTED ON FACILITY REQUEST
017A 11-12 CITY OF ROUND ROCK: PARD
WINTER BASKETBALL
City of Round Rock, PARD
City Manager
Steve Norwood
221 East Main
Round Rock, Texas 78664
512-218-5410
snorwood@round-rock.tx.us
Campus: District Use
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:
1. 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.
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
Facility Use Agreement
Revised August 24, 2011
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, 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 dulyexecuted.
d Rock , Round '. ock ' depe t School District,
Signature
Steve Norwood
R-ka woYyvuo d
Printed Name
MavlaQ4,�
Title
e ze
Date
Facility Use Agreement
Revised August 24, 2011
1
afore
Wes y D. Perkins
Manager, Department of Energy Management
Date
c /3//
ROUND ROCK INDEPENDENT SCHOOL DISTRICT
EXHIBIT A
LICENSE FOR USE OF FACILITIES:
FACILITY CAMPUS / FACILITY:
CHISHOLM TRAIL MS
6:OOPM - 9:OOPM NOVEMBER 29,30
DECEMBER 2,6,13,14
JANUARY 3,4,6,10,11,13,17,20,24,25,27,31
FEBRUARY 1,3,7,8,10,14,15,21,22,24
8:OOAM - 8:OOPM JANUARY 7,14,21,28
FEBRUARY 4,11,18,25
HOPEWELL MS
6:OOPM - 9:OOPM DECEMBER 2,6,9,13,16
JANUARY 3,6,10,13,20,24,27
FEBRUARY 3,10,14,17,21,24
8:OOAM - 8:OOPM JANUARY 7,14,21,28
FEBRUARY 4,11,18,25
RIDGEVIEW MS
6:OOPM - 9:OOPM NOVEMBER 29,30
DECEMBER 2,9,14,16
JANUARY 3,4,6,10,11,13,17,24,25,27,31
FEBRUARY 7,14,15,22,24
8:OOAM - 8:OOPM JANUARY 7,14,21,28
FEBRUARY 4,11,18,25
FOREST CREEK ES
6:OOPM - 8:OOPM
BLACKLAND ES
6:OOPM-8:OOPM
Facility Use Agreement
Revised August 24, 2011
NOVEMBER 28,29,30
DECEMBER 1,2,5,6,7,8,9,12,13,14,15,16
JANUARY 3,4,5,6,9,10,11,12,13,17,18,19,20,23,24,25,26,27,30,31
FEBRUARY 1,2,3,6,7,8,9,10,13,14,15,16,17,21,22,23,24
DECEMBER 1,8,15
JANUARY 5,12,19,26
FEBRUARY 9,16,23
GATTIS ES
6:45PM - 8:00PM
DATE OF USE:
CALENDAR ATTACHED
To FACILITY REQUEST
SPACE USED:
NOVEMBER 28,29,30
DECEMBER 1,2,5
JANUARY 3,4,5,6,10,11,12,13,17,18,19,23,24,25,26,27,30,31
FEBRUARY 2,3,6,8,9,10,13,14,15,16,17,21,22,23,24
NOVEMBER 2011 - FEBRUARY 2012
YES
GYMNASIUM
RRISD EQUIPMENT TO BE USED: N/A
USER EQUIPMENT TO BE USED: N/A
FEES:
BASKETBALL: $35.00 PER STUDENT PARTICIPATION
BACK UP DOCUMENTATION MUST BE PROVIDED OF FINAL STUDENT PARTICIPATION.
NOTES: IF CAMPUS REQUIRES A RRISD COACH SUPERVISOR, THERE WILL BE ADDITIONAL
FEE OF $30.00 PER HOUR. THIS APPLY ON SATURDAY USE OF THE FACILITY.
Facility Use Agreement
Revised August 24, 2011
ROUND ROCK INDEPENDENT SCHOOI. 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
Revised August 24, 2011