FACILITIES USE AGREEMENT

Transcription

1 9600 Sims Drive El Paso, Texas PURCHASING FACILITIES USE AGREEMENT This Agreement is between Ysleta Independent School District ( District ), an independent school district and political subdivision of the state of Texas, and non-school organization listed on the NON-SCHOOL FACILITY RENTAL REQUEST FORM ( Licensee ), a non-school sponsored organization, hereinafter collectively referred to as the Parties. WHEREAS, the District owns and maintains the designated facilities ( District Facility or District Facilities ) and permit non-school use of such facilities for educational, recreational, civic, or social activities when these activities do not conflict with school use or with District Board Policy. WHEREAS, Licensee will complete the NON-SCHOOL FACILITY RENTAL REQUEST FORM, detailing the specifics of the rental to be referenced within this agreement. WHEREAS, Licensee has requested use of a District Facility and the Parties enter into this agreement in compliance with the requirements of YISD Board Policy GKD (Local) must comply with facility rental guidelines; NOW THEREFORE, For and in consideration of the mutual promises and covenants expressed herein, the Parties agree as follows: 1. Licensed Premises 1.1 License for Facilities Use. In consideration of the mutual covenants and agreements of this License Agreement, and other good and valuable consideration, District grants to Licensee, a license to use the District Facility and adjacent parking areas listed on the NON-SCHOOL FACILITY RENTAL REQUEST FORM (hereinafter Licensed Facility ). This Agreement does not entitle Licensee or Licensee s officers, agents, employees, contractors, students or invitees to enter, occupy, or use any other area, facility, or building owned or controlled by the District. Access to the facility shall not be permitted until the Licensee provides a copy of the signed facilities use agreement, facilities request form and receipt. The District shall have the right, in its sole discretion, to require the immediate removal of any individuals who cannot provide the appropriate documentation. 1.2 Permitted Use. Licensee may use the Licensed Facility for the purpose(s) listed on the NON- SCHOOL FACILITY RENTAL REQUEST FORM (Event ), and for no other purposes without the written consent of the District. In the event that Licensee uses the District Facilities for a significantly different purpose without District consent, this license agreement may be immediately terminated by the District. 1.3 Licensee agrees that, in using the Licensed Facilities, it will obey (a) all applicable laws relating to the use, condition, and occupancy of the Licensed Facilities and (b) any requirements imposed by utility companies serving, or insurance companies covering the Licensed Facilities. Licensee further agrees to Facilities Use Agreement Page 1 of 7 Rev Updated: July 2017

2 abide by YISD Board Policy GKD (Local), and any applicable administrative regulations imposed by the District. By signing this agreement Licensee acknowledges that it has received a copy of GKD (Local), has read the policy, and understands the requirements stated therein. 1.4 Licensee shall not create any nuisance, interfere with the District s normal school operations, permit any waste or use the Licensed Facilities in any way that would be construed as extra hazardous, would increase the District s insurance premiums, or void its policy. 1.5 Licensee agrees to contact security or custodial personnel upon entering District property. Setup should be completed by District personnel only. Licensee agrees not to move furniture, equipment, property, etc. Licensee should address any set-up concerns with custodial or security. 1.6 Licensee agrees that it will exercise reasonable care in its utilization of the Licensed Facilities. In the event that the Licensed Facilities are damaged as a result of Licensee s use, reasonable wear and tear excepted, the Licensee agrees to repair or provide for such repair and return the Licensed Facility to the condition in which it was delivered to Licensee. 2. Term of Agreement and Scheduling of Use Licensee and its officers, agents, employees, contractors, students, and invitees shall be entitled to enter the Licensed Facility, only upon those dates and at the times stated in this Article. The term of this Agreement and all rights and obligations of the parties under this Agreement shall commence with information listed on the NON-SCHOOL FACILITY RENTAL REQUEST FORM. Rental of District facilities shall not be allowed on days designated as District holidays or as non-duty days in accordance with the District s calendar each school year. These days may include but shall not be limited to the following: spring break, Memorial Day weekend, Fourth of July break, summer schedule, Labor Day weekend. Thanksgiving break, and winter break. 3. Regulation of Use 3.1 Licensee shall comply with local fire code requirements and assure that the walkways, entries, doors, passages, vestibules, corridors, stairways, and ramps of the Licensed Facility and the access way to utilities for the Licensed Facility are free of obstruction and are not used for any purpose that restricts ingress or egress to the Licensed Facility or access to or from the Licensed Facility by Event participants or emergency personnel. 3.2 POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES AND SMOKING IN THE LICENSED FACILITY, ADJACENT PARKING AREA OR ELSEWHERE IN DISTRICT FACILITIES IS PROHIBITED AT ALL TIMES. A violation of this regulation will result in immediate termination of this license agreement and exclusion of the licensee from the licensed facility. 3.3 Neither Licensee nor its officers, agents, employees, contractors, students, or invitees shall be permitted to bring into the District Facility nor onto the adjacent parking area any materials, substance, equipment, or object that is likely to cause injury to, or endanger the life of any person or that is likely to cause damage to property. The District shall have the right, in its sole discretion, to require the immediate Facilities Use Agreement Page 2 of 7 Rev

3 removal of any materials, substance, equipment, or object that the Licensor determines constitutes a danger or hazard to person or property. 3.4 No special equipment, fixture, device, engine, or machinery may be installed or operated at or in the Licensed Facility nor may any flammable or explosive substances be brought into the Licensed Facility or onto the adjacent parking area without written amendment to this agreement. No alteration of any nature may be made to the Licensed Facility. 4. Services, Personnel, and Equipment Provided by Licensor District will provide security personnel for the sole purpose of opening the Licensed Facility at the appointed time and securing the Licensed Facilities upon termination of use; utilities during the Event; and custodial services for the Event. 5. Services, Personnel, and Equipment Provided by Licensee Licensee is solely responsible for and will provide at Licensee s sole expense all usual and customary personnel necessary for hosting the Event. LICENSOR SHALL HAVE SOLE RESPONSIBILITY FOR ASSIGNMENT OF SUFFICIENT SECURITY AND/OR POLICE DEPARTMENT (SCHOOL RESOURCE OFFICER ( SRO -OFF DUTY) PERSONNEL TO MONITOR THE EVENT. 6. Concessions Unless specifically provided herein as a permitted use, Licensee shall have no right to sell or make free distribution of, or to authorize the sale or free distribution, of any product or merchandise of any nature during the Event. Licensor reserves the exclusive right to charge a fee for concession areas/table fee or to allocate concessions to interested District school groups, parent teacher associations (PTAs), parent teacher organizations (PTOs), and booster groups. 7. Use Fee As consideration for the use of the Facility and adjacent parking area, Licensee shall pay Licensor the actual expenses of Licensor for the services, personnel and equipment provided as per the Ysleta Independent School District Board policy GKD (Local) - Community Relations Non-School Use of School Facilities fee schedule. Payment to be presented to Accounting Department/Cashier located at 9600 Sims Drive, no later than ten (10) calendar days prior to the Event. Make check payable to: Ysleta Independent School District. The following is a breakdown of the current use fees set out in GKD (Local), but are subject to change at the discretion of the YISD Board of Trustees at any time prior to execution of the agreement. Campus Fees Per Hour Cost Classroom $30.00 Lecture Room $30.00 Library $30.00 Cafeteria, Cafetorium, Auditorium $30.00 *Gymnasium $15.00 Band Room $30.00 Orchestra Room $30.00 Parking Lot $15.00 Facilities Use Agreement Page 3 of 7 Rev

4 Athletic Field $15.00 Stadium $90.00 Amphitheater (Fine Arts) $55.00 Tennis Courts(6), without lights $15.00 Tennis Courts(6), with lights $30.00 Basketball Court, without lights $15.00 Basketball Court, with lights $30.00 Theater (YHS) $80.00 Theater (Smaller) $55.00 ACAC Capitan, El Paso, Esperanza, Franklin/Guadalupe, Juarez, Mesilla, Mission, Sierra, and $30.00 or Tigua IT and TIS Labs $30.00 Academy Café $30.00 Ysleta Room $55.00 Atrium and Theater $80.00 Other Custodial $30.00 Security $35.00 Theater Sound System $50.00 ** Waiving of security fees for District and non-school organization events will only be authorized in writing by ACAC Safety and Security Department. DAILY TABLE FEE SCHEDULE: PAPER PRODUCT FEE $25, $50, $75, or $100 (per day) selected at the discretion of principal or designee and ACAC designee. Campus / ACAC designee determines if a $25.00/per day paper fee is charged to either internal or non-school organization utilizing District property. 8. Control of Premises By granting Licensee the use of the District Facility and adjacent parking areas for Event under this agreement the Licensor does not relinquish custody or control of such premises and retains the right for its authorized representatives to enter such premises at any time during use by Licensee. 9. Laws, Regulations, Taxes, Fees, and Licenses At all times during the use of the District Facility and adjacent parking area, Licensee and its officers, agents, employees, contractors, students, and invitees shall comply with all applicable state, federal, local laws, and District board policies. Such board policies are available for public information at (School Board/Board Policy Manual/G. Community and Governmental Relations). Licensee shall be responsible for the payment of all royalties, fees, services, and taxes payable as a result of activities under this agreement and for obtaining all necessary licenses or permits. 10. Liability, Insurance, Indemnification, and Immunity 10.1 Liability and Insurance. Facilities Use Agreement Page 4 of 7 Rev

5 The District shall have no liability whatsoever for the actions of, or failure to act by, or with respect to any claim or cause of action that arises from the actions or omissions or for any officers, employees, invitees, agents, or assigns of the Licensee, or with respect to the Licensed Facilities, and the Licensee covenants and agrees that Licensee shall be solely responsible for and with respect to any claim or cause of action arising out of or with respect to any act, omission or failure to act by the Licensee or its agents, officers, invitees, or assigns The Licensee shall obtain and maintain for the period of this agreement a policy of comprehensive general liability insurance from an insurance company authorized to do business in the State of Texas, and which provides evidence of general liability coverage in the amount of $1,000, combined single limit. Such policy shall be issued in the name of the Licensee s Board of Trustees and shall name the District as an additional insured on the policy of insurance. The Licensee must provide a certificate of such insurance to District prior to occupancy of the premises or such use will not be permitted and the District will not be responsible for any resulting loss or liability incurred by Licensee. Insurance may only be waived or limits changed with written approval by the District s risk manager Indemnification. Licensee shall defend, indemnify and hold the District harmless of and from any and all losses, damages, claims or expenses, including reasonable attorney s fees and costs arising out of a claim asserted by any person against the District for damage or injury to, or death of, any person or for property damage (including loss of use thereof) caused by any act, fault, omission or neglect of Licensee or of any employee, agent, contractor or invitee of Licensee. The District shall not be liable to Licensee or to any officer, employee, agent, contractor or invitee of Licensee for any injury or damage to, or death of, any person or property damage for any reason whatsoever, unless the District s neglect or negligence is the sole cause thereof No Waiver of Governmental Immunity. Nothing in the agreement shall be construed to waive any immunities from suit or liability enjoyed by either the District, the City or their past or present officers, elected officials, employees, or agents. Nothing herein shall be construed as consent to suit by the District Waiver of liability. Licensee knowingly and voluntarily waives any claim that they may have against the Ysleta ISD, its officers, agents and employees in connection with any damage that may occur to my person and property, EVEN IF THE DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE YSLETA ISD, ITS OFFICERS OR EMPLOYEES. Licensee understands and agrees that the Ysleta ISD disclaims any responsibility or liability whatsoever for any damage non-school organization property may sustain in connection with its use in said event, or otherwise. Furthermore, Licensee hereby agrees to indemnify and hold harmless the Ysleta ISD, its officers, agents and employees from any causes, action or claims that may arise against them for any damage or injury that may be sustained by any person or other property caused in whole or in part by the presence, operation or use of my property, in connection with the event or otherwise, EVEN IF SAID DAMAGE OR INJURY IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE YSLETA ISD, ITS OFFICERS OR EMPLOYEES. Facilities Use Agreement Page 5 of 7 Rev

6 Licensee understands and acknowledges that the Ysleta ISD, its officers, agents and employees maintain certain governmental and official immunities under the law, and that nothing contained herein waives, is intended to waive those immunities or is a consent to suit. 11. Inspection and Repairs Prior to each use for an event, Licensee will inspect the Licensed Facility and adjacent parking area with a District representative to assure that the Licensed Facility is in good repair and suitable for use by Licensee, reasonable wear and tear accepted. In the absence of any such inspection, Licensee accepts and will be responsible for the condition of the Licensed Facility during its use. Licensee shall pay District the reasonable cost for repair/replacement of any and all damages to the Licensed Facility, its fixtures, equipment, furnishings, machinery, playing field surface, or adjacent parking areas which occur while Licensee s officers, agents, employees, contractors, students, invitees, guests, or the participants in Licensee s Event are on the Licensed Facility either preceding, during or after scheduled Event. 12. Notice Any notice related to this agreement shall be given via U.S.P.S., facsimile, , or by personal delivery to the parties as indicated on the NON-SCHOOL FACILITY RENTAL REQUEST FORM. 13. Assignment This agreement and the respective rights and duties of the parties may not be assigned in whole or in part. 14. Merger and Amendment This agreement constitutes the entire agreement between the Parties with regard to the subject matter and no prior or contemporaneous agreement, oral or written, shall be effective to alter the terms hereof. No amendment shall be effective unless reduced to writing and signed by an authorized representative of the Parties. 15. Law Governing Contract This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in El Paso County, Texas. 16. No Third Party Beneficiary This agreement inures to the benefit of and obligates only the Parties executing it. No term or provision of this license agreement shall benefit or obligate any person or entity not a party to it. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release or other consideration under this license agreement. 17. Termination 17.1 The District may terminate this contract for convenience without cause thirty (30) calendar days following written notice to the Licensee. In such event, all funds advanced by Licensee in connection with its reservation in such event, if any, shall be refunded in full Should the use of the Licensed Facility be prevented or delayed by reason of an act of God, war, civil commotion, fire, flood, or other like casualty, strike, lockout, labor troubles, epidemic or similar Facilities Use Agreement Page 6 of 7 Rev

7 event, restrictive governmental laws, or regulations, unusually severe weather, or any other cause, not the fault of the District, the Licensee may at its option and as its sole remedy, receive a full refund of any License fee advanced or reschedule the Event at an acceptable date in the future if possible Non-school organizations that fail to give written notice of cancellation to the appropriate facility coordinator at least twenty-four (24) hours in advance of the scheduled event shall be responsible for the same costs that would have been incurred had the event been held as scheduled. If notice of cancellation is made by telephone, a written confirmation of the cancellation must be forwarded to the facility coordinator within four (4) hours of the telephone notice. Facilities Use Agreement Page 7 of 7 Rev