Loading...
CM-2016-1253 - 12/9/2016n, ROUND ROCK D A O 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 scheduled, subject to a deduction by RRISD for expenses actually incurred prior to the interruption or loss of use. Facility Use Agreement Ver.3 Page 1 of 4 06616-17 City of Round Rock PARD N -2 -0i( -/z ' FACILITY USE AGREEMENT NO: LISTED ON FACILITY REQUESTS 06616-17 CITY OF ROUND ROCK PARD WINTER BASKETBALL User Group: CITY OF ROUND ROCK Campus: District Use Title: Contact Contact Name: Laurie Hadley Address: 221 East Main City, State, Zip: Round Rock, TX 78664 Phone: 512-218-5410 Email address: Ihadley@roundrocktexas.gov 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 scheduled, subject to a deduction by RRISD for expenses actually incurred prior to the interruption or loss of use. Facility Use Agreement Ver.3 Page 1 of 4 06616-17 City of Round Rock PARD N -2 -0i( -/z ' 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 duly executed. City of Round Rock, Signature Printed Nalne Laurie Hadley Title Date Round Rock Independent School District, 1 Signature David Hoedebeck Director, Department of Maintenance t I1 /& Date Facility Use Agreement Ver.3 Page 2 of 4 06616-17 City of Round Rock PARD Campus / Facility: Chisholm Trail MS Small Gym 6:00pm to 9:00pm Large Gym 8:00am to 8.00pm Hopewell MS Gym 6:00pm to 8:00pni Gym 6:00pm to 9:00pm Gym 8:00am to 8:00pm Ridaeview MS Large Gym 8.00am to 8:00pm Large Gym 6:00pm to 9:00pm Walsh MS Gym 6:00pm to 9:00pm Round Rock independent School D' strict Exhibit A License for Use of Facilities r_11C ded 5/11/15 District Spring 2015 March 2, 3, 6, 9, 11, 13, 23, 24, 30, 31 April 6, 7, 13, 14, 17, 20, 21, 24, 27, 28 May 4, 5, 11, 12, 18, 19, 22 March 28 April 11, 25, 18 May 9, 16 March 2 3.4, 9, 10, 11, 23, 24, 25, 27, 30 April 6, 7, 8, 9, 13, 14, 15, 16, 20, 21, 22, 23, 27, 28, 29 May 4, 5, 8, 18, 20 March 6, 13,31 April 10, 17, 29 May 6, 11, 12, 13, 21 March 28 April 11, 18, 25 May 2, 9, 16, 23 May 2 March 2, 3, 4, 9, 10, 11, 13, 23, 24, 25, 30, 31 April 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 29, 30 May 1, 4, 5, 6, 7, 11, 12 March 4, 10, 11, 24, 25, 31 April 1, 7, 8, 14, 15, 21, 22, 28, 29 May 5, 20 Facility Use agreement Ver.3 Page 3 of 5 0661,E-15 City of Round hack P_AP.D Fees: Notes: Facility Use: $30.00 per participant Site Supervisor: $30.00 per hour Custodial Services: None 1) Back up documentation for participant quantity must be provided for youth sports agreements. 2) Supervision for after-hours gymnasium usage will be coordinated and assigned by the campus Principal. Youth sports organizations will be charged for each hour of supervision, except where the supervisor is provided by a volunteer Round Rock ISD employee. Charges will apply to weekday and weekend events. Facility Use Agreement Ver.3 Page 4 of 5 0661 -9 -IS City of Round Rock PARD City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider authorizing a Facility Use Agreement with Round Rock ISD for use of their facilities during the Winter Youth Basketball season. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/9/2016 Dept Director: Rick Atkins, Director Cost: $26,000.00 Indexes: General Fund Attachments: CMAF, Winter Youth Basketball, 16-17.pdf, Back-up FUA 2016 Winter Basketball.pdf Department: Parks and Recreation Department Text of Legislative File CM -2016-1253 Consider authorizing a Facility Use Agreement with Round Rock ISD for use of their facilities during the Winter Youth Basketball season. Round Rock PARD schedules practices and games at CMRC and various RRISD gymnasiums to accommodate the 450+ boys and girls that participate in this program. Estimated expense will not exceed $26,000. This agreement ties to the City of Round Rock Strategic Plan Goals 2017: The Sports Capital for Tourism and Residents. Department official recommends approval of this item. City of Round Rock Page 1 Printed on 121812016