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CM-08-05-120DATE: May 5, 2008 SUBJECT: City Manager Approval- May 9, 2008 ITEM: Consider a resolution authorizing the City Manager to enter into an agreement � for the use of their with the Round k Independent School gymnasiums for the Spring 2008 Youth Volleyball Program. Department: Parks and Recreation Department Staff Person: Rick Atkins Justification: Funding Not to exceed $12,000.00 for the Girls Volleyball Cost: Program Source of funds: General Fund 5326-100-23006 Outside Resources: Public Comment: Updated 3-10-05 C .0 .oc-tao round rock 00Q ROUND ROCK INDEPENDENT SCHOOL DISTRICT FACILITY USE AGREEMENT SCHOOLDUDE# LISTED ON LAST PAGE CONTRACT 042 07— 08 CITY OF ROUND ROCK SPRING VOLLEYBALL SEASON CAMPUS: CHISHOLM TRAIL MIDDLE SCHOOL AND RIDGEVIEW MIDDLE SCHOOL GROUP: PARKS AND RECREATION DEPARTMENT 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. The 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, 0 m- (A-05-) .D 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. 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 MIDDLE SCHOOL, RIDGEVIEW MIDDLE SCHOOL DATE: MARCH 3, 2008 - MAY 17, 2008 TIME: 6:OOPM-9:OOPM PRACTICES WEEKDAY'S 8:O0AM - 5:OOPM GAMES SATURDAY'S DAY OF THE WEEK: MONDAY - 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. 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 $25.00PER HOUR. 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 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 to the use. The User must provide the District with a certificate of insurance attcsting the existence Round Rock ISD 246909 COMMUNITY RELATIONS GKD NONSCHOOL USE OF SCHOOL FACILITIES (REGULATION) FACILITIES USER -GROUP DESIGNATIONS GROUP 1 GROUP 2 GROUP 3 USAGE FEES GROUP 1 GROUP 2 GROUP 3 CERTAIN RRISD FACILITIES The District facilities include, but are not limited to, campuses, real property, athletic facilities, training locations, buildings housing support personnel, and the Performing Arts Center (PAC). The group designations are as follows: 1. Group 1 is designated as District student/teacher groups, PTA groups, booster clubs, and youth scouting organizations. 2. Group 2 is designated as not-for-profit, youth sports, youth sports camps/clinics and other organizations having a recog- nized 501 c(3) status and desiring to use District facilities for educational, recreational and civic activities. Group 2 organi- zations are required to contract for usage of the facilities through the facilities department. 3. Group 3 is designated as those groups not included in groups 1 or 2. With the exception of the PAC, RRISD Athletic Complex, and Dragon Stadium, facility usage fees and insurance requirements will apply as follows: 1. For Group 1, facility usage fees will be waived for education - related activities approved by the District during established facility usage hours. Personnel and equipment usage fees will apply for non-RRISD purposes requiring an entrance fee or for weekend activities. However, personnel and equipment fees will apply for all RRISD banquets or social events after established hours of availability where food, beverage, and/or decorations are involved. 2. For Group 2, facility usage fees will be waived for uses during school hours and prior to 6:00 p.m. on Monday through Fri- day. District facility usage fees, including District personnel fees, and insurance requirements will apply at all other times. A maximum of ten classrooms shall be available for use at Round Rock, Stony Point, and Westwood High Schools for group 2 users on Tuesday and Thursday evenings until 9:00 p.m. The District reserves the right to place the facility re- questor in areas of the campus already open for use. 3. For Group 3, facility usage fees shall be computed using the non -restricted indirect cost rate supplied annually by TEA. District facility usage fees, including District personnel fees and insurance requirements will apply at all times. For the PAC, RRISD Athletic Complex, Old Hopewell Conference Center, and Dragon Stadium, the District reserves the right to DATE ISSUED: 5/11/2007 LDU 2007.01 GKD(REGULATION)-X 1 of 4 Round Rock ISD 246909 COMMUNITY RELATIONS GKD NONSCHOOL USE OF SCHOOL FACILITIES (REGULATION) negotiate the frequency of use and the usage fees. Personnel, equipment fees, and insurance requirements will apply at all times. The RRISD Athletic Complex is not available for use between mid- night and 7:00 a.m. LONG-TERM Organizations will be limited to a nonrenewable one-year maximum SCHEDULED USE contract for school use. A contract extension or renewal may be granted at the discretion of the Superintendent. Usage fees and insurance requirements noted below will apply at all times. Long- term contracts are not available at the PAC, RRISD Athletic Com- plex or Dragon Stadium. HOURS OF District facilities are not available for use prior to 7:00 a.m. All AVAILABILITY events at the PAC, RRISD Athletic Complex and Dragon Stadium must end by 11:00 p.m. on school nights and 12:00 a.m. on week- ends. Elementary campuses are available until 9:00 p.m. Secon- dary campuses are available until 10:00 p.m. Custodial fees apply for all usage after established hours of availability. In order to promote energy conservation, all District facilities are unavailable on Sundays with the exception of the Old Hopewell Conference Center at the established usage rate. SUMMER USE By April 1 of each year, the District will designate facilities that are available during the summer for facility usage. Facility use will be restricted to the designated campuses and hours of operation dur- ing the times school is not in session for the summer break. LIMITED ACCESS The campus principal/director has the authority to limit access to facilities. District facilities will not be used for weddings, memorials or funerals. OUTSIDE AREAS The use of all athletic game fields, gyms, field houses, or tennis courts is restricted to after school hours and must be approved by the athletic director. When not scheduled or in use by the District or school -related groups, open or unfenced District playgrounds, tracks, tennis courts, and practice fields will be open to the public on a first-come, first-served basis. Outdoor facilities are subject to closure to the public for mainte- nance or at times when public use is causing abnormal wear -and - tear on the facility. Facilities also may be closed in the event of repeated vandalism. Tennis courts will be lighted for school events only. Baseball fields will be closed for use from the beginning of the school year until the end of the high school season. Summer DATE ISSUED: 5/11/2007 LDU 2007.01 GKD(REGULATION)-X 2 of 4 Round Rock ISD 246909 COMMUNITY RELATIONS GKD NONSCHOOL USE OF SCHOOL FACILITIES (REGULATION) teams will be allowed to use the baseball fields on a negotiated basis, and will require prior written permission from the athletic di- rector. Game fields located on school campuses may be rented provided use will not cause abnormal wear on fields. A school employee must be present at all activities scheduled on all campus game fields. An appropriate fee for supervision will be charged. SCHEDULING Group 2 and Group 3 organizations will contact the facility request specialist and arrange a contract for usage no later than 14 calen- dar days prior to the scheduled event to ensure full heating and cooling services and availability of custodial services. Change in usage requirements requires a new contract. FEE COMPUTATION All fees are computed in accordance with the schedule published in the District's financial information resource manual at www.roundrockisd.org. The facilities request specialist will com- pute all fees and communicate with the organization the total cost of the facility usage. Groups desiring the use of the PAC are required to make a 25 per- cent advance deposit prior to being booked on the facility calendar. Group 2 organizations that do not have a positive payment history with the District will be required to pay all fees in advance of usage. All facility contracts are subject to adjustment due to changes in hours of usage, staff, and equipment availability. CANCELLATION Cancellation in writing is required not less than 48 hours in ad- vance of usage for a full refund. Cancellations received with Tess than the required notice will forfeit advance fees. SECURITY At the District's discretion, outside groups may be required to pro- vide security during the scheduled event. Custodians will not be considered as security. AUXILIARY SERVICES All groups requiring facility use must use only approved District custodial staff. The appropriate director/coordinator shall deter- mine the number of custodial staff needed per event. If custodial services are required to open a building for use, two hours of cus- todial services will be charged. DAMAGES Fees for damages or excessive cleanup will be assessed and will result in Toss of further use of District facilities. INSURANCE User group(s) will 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, DATE ISSUED: 5/11/2007 LDU 2007.01 GKD(REGULATION)-X 3 of 4 Round Rock ISD 246909 COMMUNITY RELATIONS GKD NONSCHOOL USE OF SCHOOL FACILITIES (REGULATION) DISTRICT PRIORITY 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, di- rectly 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 will be with an insurance company or companies authorized to do business in Texas, under policy or policies acceptable to the District and pro- vided 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 pol- icy or policies. If a policy contains deductible provisions, users will be responsible for payment of the deductible amount for any claims. 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