CM-2016-1272 - 12/28/2016FAClLI'fY USE AGREEMENT
No: 189933
073 16-17 CITY OF ROUND ROCI<
0Ece,vEn n JAN 1 2 zoi7 u
BY: fA :
User Group: CITY OF ROUND ROCK
Contact
Campus: Stony Point HS
Title:
Contnct Nnme: Caren Lee
Addl'CSS: 2008 Enterprise Dr.
City, Stnte, Zip: Round Rocle, TX 78664
Phone:
Email address:
512-671-2869 / 512-626-5662
clee@roundrocktexas.gov
Agreement: This Facility Use Agreement is entered into by and between Round Rock Independent School Distri,ct
(RRISD or District) and the User Group (User) identified above. The District and the User may hereafter be refen-ed ~o
individually as a "Party" or collectively as the "Pa rti es". The Agre ement, 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 . Tljis
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 R.RISD facilities are reserved each day and at all times for use by RRlSD 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 pm·chase and hold effective Liability Insurance as described on Exhibit
'B'. User will not be allowed to occupy the Dish·ict'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 dming the use or occupancy of
RRJSD facilities by User. See Liability Insurance Exhibit 'B'
Conditions of Use:
I. User agrees to use the facility only at the times and for the purposes stated on Exhibit 'A' as well as
meet all RRJSD requirements and payment of fees set out set out herein and on Exhibit 'A'.
2. Use of RRfSD facility is conditioned upon the requirements set out in policies and regulations of
RRlSD governing faci lity use, each of which policy and regulation is incorporated in this license
agreement.
3. User ag rees to comply with all applicable policies and regulations of R.RISD, 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 RRlSD facility is licensed for use in its cunent AS IS, WHEREAS condition, subject to
nil faults and defects, whether known or w1known to RRISD or User.
b) Intem1ption or loss of use of th e RRISD facility ba se d on such events as adverse weather, loss
of utilities, acts beyond the control of RRJSD, 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 al the time
scheduled, subject to a deduction by RRlSD for expenses act ually incurred prior to the
interruption or loss of use.
Facitily Use Agreement Ver .3 Page 1 of4
074 16 -/7 CilyoJRoum!Rock-SPIIS
I
Iv
5. Only the uses pennilted by RRJSD in this Agreement shall be conducted on the RRJSD 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 RRJSD 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(l) such cancellation is received 48 hours prior to the planned event in writing and (2)
to the extent that RRJSD 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 oftransp01tation 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.
Round Rock Independent School District,
,~-
Sign ature
David Hoedebeck
Director, Department of Maintenance
Facility Use Agreement Ver.3 Page 2 of 4
()74 16 -17 CityofRoundRock -SPHS
Round Rock Independent School District
Exhibit A
License for l!Jse of Facilities
Campus I Facility: Stony Point HS
Date & Time of Use
5:00pm to 7:30pm January 23, 2017
Day of Week: Monday
Calendar Attached To Facility Request: No
Area to be Used: Lecture Hall
RRISD Equipment to be Used: Tables and chairs
User's Equipment to be Used: As brought by group
Fees:
Facility Use :
Site Supervisor:
Custodial Services:
Facility Use Agreement Ver.3
Waived for civic meeting purposes
None
None
074 16-17 CityoJR01mdRock-SPHS
Page 3 or 4
Round Rock Independent School District
Exhibit B
Liability Insurance
User group(s) shall purchase, provide and keep jn 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 prope1ty damage and $1,000,000 per person and $1,000,000
per occunence for personal injury (including death). Coverage provided by such policy or rider must
apply to the death or injuiy 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 Dish·ict and provided no later than 14 calendar days prior to the use . The User must
prnvide 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 ce1tified 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 Ver.3 Page 4 of 4
074 /6-1 7 Cityof//m111d Ro ck -SPHS
I '
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Facility Use Agreement with Round Rock ISD for the
Transportation Department to host an open house at Stony Point High
School.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/23/2016
Dept Director: Gary Hudder
Cost:
Indexes:
Attachments: 074 16-17 City of Round Rock SPHS
Department: Transportation Department
Text of Legislative File CM -2016-1272
Consider executing a Facility Use Agreement with Round Rock ISD for the Transportation Department to
host an open house at Stony Point High School.
The Transit Division will be hosting an open house, January 23, 2017, from 5:00 - 7:30 p.m., at Stony
Point High School, to gather input and feedback on the proposed fixed and commuter bus routes, plus the
proposed fares. RRISD has waived their facility use fees.
$0
Not applicable
Staff recommends approval
City of Round Rock Page 1 Printed on 12/2812016