Facilities Use Rental of School Facilities. Agreement & General Guidelines

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1 R I O R A N C H O P U B L I C S C H O O L S BOARD APPROVED 5/1/2017 Facilities Use Rental of School Facilities Agreement & General Guidelines By registering as a new User and by submitting a Schedule reservation, the User is acknowledging and accepting these requirements.

2 Index Facilities Use Agreement 3 General Safety and Use Regulations 6 Fine Arts Centers 9 2

3 Public Schools Facility Use Agreement Between Rio Rancho Public Schools and Community Users A. Purpose: It is the intent of the Rio Rancho Public Schools to provide the community with access to school facilities at a reasonable cost and on occasions which, in the discretion of the District, do not interfere with the District s programs. B. Use of Facility: All uses of Rio Rancho Public Schools facilities must be approved in advance, no less than fourteen (14) days prior to the first date of use. C. Schedule: The hours of the facilities usage will be defined and approved by the School Site Administrator and/or the Facilities Use Specialist or designee. The User will obtain advance approval of the times stated and any changes in schedule from the School Site Administrator. Fee Schedules will be determined by the approved Schedule of Events. Users should be aware of the cancellation provisions in Section M of this document and notify the RRPS Facilities Use Specialist in writing at facuse@rrps.net of any schedule changes in a timely fashion. Failure to meet cancellation notice deadlines may result in the user being billed for full rental and labor fees. D. Authorized Agent: If appropriate The User shall designate an authorized agent to act on behalf of User at the Facility during all times and dates approved by the School Site Administrator. E. Schedule: The Rio Rancho Public School District (District) hereby grants the User the right to use and occupy the specified areas as selected in the reservation. F. Estimated Number of Attendees including staff: At no time will the User exceed the Building Occupancy Load Limit as determined by the Office of the Fire Marshal. The User must provide information to the Fire Marshal as requested and acquire any applicable permits required by the City of Rio Rancho. It is the responsibility of the User to ensure that this is enforced. G. Compliance with Laws and Discrimination: In its use of the Facility, the User will comply with all federal, state, local laws, and ordinances and will not discriminate illegally against any person on the basis of race, color, religion, gender, national origin, or ancestry, age, physical handicap, or disability, as defined in 28 CFR , regulations applicable to the Americans with Disabilities Act of 1990, as currently enacted or hereafter amended. H. Facility Operating Policy: The parties agree to comply with all policies and procedures set forth in this Agreement. I. Basic Services and Equipment: The District hereby agrees to: A. Provide heat, air conditioning, water and other customary utilities which are included in the fee, during the term of the schedule. B. Furnish all custodial and RRPS Staff services at the rate defined in the Fee Schedule. An additional fee of $100 minimum may be charged to the User if, in the opinion of the School Site Administrator, the User requires extraordinary or unusual janitorial services. 3

4 C. Furnish certain basic on site equipment for the use by the User as determined at time of Agreement. L. Athletics Event Oversight: If attendance at an athletic event is expected to exceed 100 participants, a Site Administrator will be required. The Site Administrator will be assigned by the School Site Administrator or designee. The fee shall be at the rate defined in the Fee Schedule. An RRPS staff member may volunteer to work the event at no charge if approved by the RRPS School Site Administrator. This staff member must agree to remain at the event for the entire duration. M. Cancellation: Either Party may cancel this Agreement by giving the other Party written notice at least seven (7) calendar days before the first or next date of use of the Facility. If user fails to abide by the seven (7) calendar day cancellation requirement by notifying the Facilities Use Specialist in writing at facuse@rrps.net, the User may be charged 50% of the rental fee plus any personnel costs. In the event of a no-show or failure to cancel prior to 48 school district business hours before the event, the User may be billed the full amount for rental fees plus any personnel costs incurred. Users should keep in mind that the district offices are closed during school holidays, winter and spring break. Rio Rancho Public Schools and school staff assume no responsibility for notifying the public of any cancellations. N. Insurance: User must have an active Special Event Insurance Policy or a Tenant Users Liability Insurance Policy. User must provide the required, original Certificate of Insurance. The Rio Rancho Public School District must be named as an additional insured on the policy for the date(s) of use and the policy should be for $1 million. The policy cannot be cancelled for the date(s) of use without giving seven (7) calendar days written notice to the Facility Use Specialist. The policy coverage shall be primary with respect to the activities. Per NMAC , this policy shall not affect the rights and responsibilities of local school boards to determine how, when and by whom school district facilities are used. O. Damage to Facility: The User agrees not to modify or damage the Facility in any way and will pay the District in full for all losses or expenses resulting from unauthorized modifications or damage caused by the User or any of its members, employees, agents, guests or contractors. The School Site Administrator shall notify the Facilities Use Specialist that the facility used is returned in good condition or if any damages or modifications have been made. The individual completing the registration for the organization assumes personal responsibility for returning the facility in the same condition as found. P. Invoicing and Payment: Invoices will be sent to the user before the scheduled event and payment is due within 10 days after the event. Final charges will be listed on the invoice unless the facility is damaged or the event exceeds the agreed-upon time frame, change of rooms, additional rooms are used, number of attendees increases or damaged is incurred as described in the fee agreement, in which case the User will be billed separately for the increased charges. Q. Invoicing for Long-Term Contracts: Users who rent facilities on an annual basis for regularlyscheduled events (occurring weekly or monthly) may pay on an installment plan as approved by the Facilities Use Specialist. 4

5 R. Storage and Losses: The District will not be responsible for any loss or damage to equipment or personal property of the User or its employees, agents or guests. The District provides no storage areas. S. Facility Use Regulations: 1. Food or Drink. Food and non-alcoholic beverages are allowed in designated areas only. No refreshments may be taken into prohibited areas. 2. Supervision. It is the responsibility of the User to supervise the participant s activities, conduct and location in the facility. No children shall be left without adult supervision. 3. Cleaning. User will leave the facility clean and in the same condition it was in prior to use with all facilities neat and orderly. 4. Commercial groups shall provide a copy of a current business license. Commercial groups shall inform participants that the activity is not sponsored by the school whose facilities are being used. T. DISCLAIMER OF LIABILITY: User accepts School Facility s premises and adjoining areas as is and releases and discharges, The Board, its Officers and Members, The Superintendent and any employees of Agents of the District from any and all liability, claims, judgements or demands, including reasonable attorney s fees and costs, which may arise from all injuries, deaths and damage to property arising directly or indirectly out of this Facility Use Agreement including but not limited to User s use of the premises and the adjoining areas, including parking areas. The Board, its Officers and Members, The Superintendent and any employees of Agents of the District will not be liable for injury to the property of the group itself or participants in the group s activities resulting from their participation in the group s activates. In addition, the District does not warrant the suitability of the facility or of the facility s contents for the uses intended by the requestor(s). U. Choice of Law: This Agreement is to be governed and interpreted by the laws of the State of New Mexico. V. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. W. Statement of Information: The undersigned, as a duly authorized representative of the User, states that to the best of his/her knowledge the School Facility, use of which is being applied for, will not be used for the commission of any crime or any act which is prohibited by law. X. Changes: Changes to this Agreement are not binding unless made in writing and signed by both parties. Y. Forfeiture of Use: If the User violates the terms of this Agreement, any opportunity to use any RRPS Facility in the future shall be forfeited in addition to any legal remedies which the District may elect to pursue. Z. Binding Effect and Assignment: This Agreement is binding upon, and insures to the benefit of the successors and/or assignees of the Parties, provided that the User cannot assign any interest in 5

6 this Agreement without the prior written consent of the District. Failure to Pay: Failure to pay costs or damages in full and on time may result in legal action and User will be denied any further use of any RRPS facility. GENERAL SAFETY AND USE REGULATIONS A. RRPS, in compliance with state and federal regulations, provides accessibility seating options as identified in the maps below. These options are made available to individuals with seating limitations. If you are a participant at an event and require accessibility modifications, please contact the ticket office or event manager and someone will direct you to a designated seating area. B. In addition to the rules included in the site use agreement, any user of school or school district facilities must agree to the following liability and risk related rules: 1. The use of alcohol, illegal drugs and tobacco are prohibited on all school property at all times. 2. Guns are not permitted on school property except for those in the possession of authorized law enforcement personnel. 3. Users of the facility shall be responsible for providing security as required by the school site or District for the type of function they have planned. Events with attendance in excess of 100 participants must contract with the District for security personnel. This is a safety issue, and users are not permitted to opt out of hiring security personnel, nor can the user elect to provide his/her own security personnel. 4. Animals are not permitted on school grounds at any time with the exception of service animals. 5. Open fires including candles, torches, and bonfires shall not be allowed except pursuant to prior approval and permit by the appropriate authorities. 6. Building exits shall never be blocked or locked for any reason. Exits also cannot be propped open. 7. Parking i. Parking shall be in designated areas only. ii. Every effort shall be made by the user to provide vehicle and pedestrian traffic management in order to insure safe and orderly movement of vehicles and people. iii. When events occur or end during evening hours, the user must pay for external parking lot lights. This is a safety issue, and users are not permitted to opt out of parking lot lights. iv. No overnight parking or camping is permitted without an express written agreement with the District. v. Speed/Signage: No motor vehicle or motorized bicycle shall be operated on District property at a speed in excess of 15 miles per hour. The speed in drop-off and pick-up areas shall be limited to 5 miles per hour. All traffic laws and ordinances to include all signage and markings must be obeyed at all times. vi. Pedestrian Right of Way: The operator of a motor vehicle, bicycle, or other vehicle must slow down or stop, if necessary, to yield the right of way to any pedestrian. vii. Restricted Areas: Parking of private motor vehicles in areas other than designated parking areas is prohibited. Details on prohibited parking areas are listed below: 1. Any pedestrian area where students and staff must traverse to get from building to building, from building to drop-off and pickup areas, or from 6

7 buildings to parking lots. 2. Parking of vehicles is prohibited on fields or athletic facilities. 3. Parking of vehicles is prohibited in bus parking areas. 4. Emergency vehicles such as police units, fire apparatus, and ambulances may travel and/or park in prohibited areas when the nature of the job assignment dictates. viii. Parking of Vehicles Designated and Assigned Parking Areas: Authorized parking areas on the campus are specifically marked. All vehicles parked along the roadways must have their wheels within 18 inches of the right curb and not extending into any landscaped or unimproved area. In parking areas marked for individual spaces, vehicles must be parked so as to occupy only one space or stall. ix. Prohibited Parking Areas: 1. On school sites, vehicles cannot park: a. At any place where signs prohibit parking b. Within 10 feet of a fire hydrant c. At any place not specifically marked for parking d. Lack of an available or convenient parking space is not a valid excuse for parking in prohibited areas x. Curb Markings Defined: 1. Red Curb: No parking any time 2. Yellow Curb: Commercial loading/unloading zone only xi. Overnight Parking of Vehicles: Overnight parking of vehicles (motor homes, campers, trucks, cars, etc.) is forbidden. xii. Liability of District: District and its employees are not liable for any loss or damage to vehicles or contents of vehicles parked on District property due to theft, fire, immobilization, impoundment, or other causes. xiii. Removal or Restraint of Illegally Parked Vehicles: The district maintains the right to have illegally parked vehicles removed by tow truck and or wheel locked by boot. In both cases the owner of the vehicle will be responsible for any costs incurred by illegal parking. 8. All care shall be taken in the design, placement and construction of booths, displays, viewing stands, platforms, theater sets, temporary stages or any other structures to safeguard the safety of those building, using and disassembling such structures. 9. Decorations shall be fire resistant whenever possible, cover no more than 20 percent of the wall area and never be placed within close proximity to incendiary sources. 10. Care shall be taken at all times to avoid the creation of tripping hazards. 11. No hazardous materials, including pyrotechnic devises, fireworks, explosives flammable materials or liquids, poisonous materials or plants, strong acids or caustics shall be brought onto the premises or used in any way while occupying the premises except with the approval prior to use by the fire marshal or other authority having jurisdiction. 12. No amusement rides or attractions, including but not limited to, trampolines of any type, enclosed or air supported structures of any type, climbing walls, climbing ropes, bow and arrow shooting activity or equipment or devises related thereto shall be brought onto the premises or used in any way while occupying the premises except with the express permission of school authorities and on proof of insurance by the user of the facility of at least $1,000,000 per occurrence naming the school or school district and the Public School Insurance Authority 7

8 as additional insured. All such activities shall be operated and overseen by persons experienced and, if possible, certified to do so. 13. All users of school facilities shall give written notice to the School Site Administrator of any accident resulting in bodily injury or property damage to property of the school occurring on school premises or in any way connected with the use of the school premises within 24 hours of the accident. The notice shall include details of the time, place and circumstances of the accident and the names and addresses and phone numbers of any persons witnessing the accident. 14. If playground equipment is to be used, the user of the facility shall provide at least one adult supervisor for every fifteen (15) children. 15. The user of the facility shall provide the appropriate signage to inform participants of the safety rules. A list of emergency agencies and phone numbers shall also be -posted. 16. Access to school facilities by the users of the facility shall be limited to those areas specified in the site use agreement. 17. Persons using or upon school district property for any purpose shall not engage in: i. Any conduct that will obstruct, disrupt or interfere with teaching, research, service, administrative or disciplinary functions, or any activity sponsored or approved by the Board. ii. Physical abuse or threat of harm to any person or school district owned or controlled property at school district sponsored or supervised functions. iii. Profanity or verbally abusive language. iv. Threat of damage or damage to property of the school district regardless of the location, or property of a member of the community or a visitor to the school when such property is located on school district controlled premises. v. Forceful or unauthorized entry to or occupation of school facilities, including both buildings and grounds. vi. Unlawful use, possession, distribution or sale of drugs and other controlled substances, alcohol and other illegal contraband on school district property, at school sponsored functions, on any school bus transporting students or within 1,000 feet of the perimeter of the school grounds. Persons known to be under the influence of liquor shall not be permitted to enter the school building or grounds. vii. Unlawful use of tobacco. viii. Unlawful possession of a deadly weapon, as defined in state law, on school property or in school buildings unless the person falls within one of the exceptions in state law for possession of a deadly weapon including that the person: 1. Has legal authority to carry or possess a deadly weapon 2. Is presenting an authorized public demonstration for the school or an organized class 3. Is carrying out duties for the school district which require the use of a deadly weapon 4. Is participating in an authorized extracurricular activity or team involving the use of firearms 5. Has possession of the weapon for use in an approved educational program which includes but is not limited to any course designed for the repair and maintenance of weapons 8

9 6. Is a police officer on duty 18. Any conduct constituting a breach of any federal, state or city law or duly adopted policy and/or regulation of the Board. Any member of the general public considered by the superintendent or designee to be in violation of this policy shall be instructed to leave the property of the school district. All users of school facilities shall agree to provide prompt and thorough clean-up and removal or storage of all special structures within no more than 24 hours after the end of the event, but in no case later than the beginning of the next school day or if school is out no later than prior to use of the area by school personnel. Users shall ensure that any furniture and equipment moved during the use of the facilities is replaced. FINE ART CENTERS Whenever used in this Agreement, the term Facility Manager refers to the Manager, Assistant Manager, or Theater Tech Manager of the Rio Rancho Public Schools theaters. Rio Rancho Public Schools theater facilities are available for rental by any individual or group with a general arts, entertainment or educational purpose, when the facilities are not in use by Rio Rancho Public Schools. The RRHS Performing Arts Center seats 625 persons plus handicap access, The Cleveland High School Concert Hall seats approximately 1,100 persons. The Black Box Theaters at Rio Rancho High and Cleveland High seat 125 persons. Fine Arts classrooms, including music rooms, orchestra/band rooms, dressing rooms, practice areas, choral rooms, dance facilities, stages and art rooms contain specialized lighting, audio, seating and equipment that qualify them as specialized areas and are therefore not considered standard classrooms. As such, fine arts rooms carry a higher rental fee and a higher level of accountability for facility users. RRPS does this to protect sensitive facilities that must be available for student use and instruction. A. Fine Arts Rooms: 1. Never include access to storage areas, stage walkthroughs, or equipment; 2. Require all chairs to be returned to their pre-rental status; 3. Require an extra fee for an RRPS employee to properly remove and store sensitive, expensive equipment (instruments, etc.) the night before and return that equipment the day after so it is ready for student use; and 4. Never permit food or drink to be consumed on site. 9 B. Stage and House Regulations 1. Food or Drinks: Food and non-alcoholic drinks are allowed in the lobby or dressing rooms only. No refreshments may be taken into the house. 2. Supervision: It is the responsibility of the User to supervise the performers and participants activities, conduct and location in the Facility. No children shall be left without adult supervision. 3. Orchestra Pit: Moving a portion of the stage floor to uncover or recover the orchestra pit requires a minimum of two weeks notice in writing to the Theater Tech Manager. Overtime pay for staff required to perform the work will be paid by the User.

10 4. Stage Floor: Nailing or stapling into the stage floor is not permitted. Painting the stage floor is not permitted. If a dance floor is to be used, the User must pay for and provide all labor and tape. Objects which are heavy, have sharp edges, or are otherwise potentially damaging to the stage or its floor are not permitted on the stage floor. If the stage floor is damaged, the User shall pay for all repairs or replacement. 5. Scenery: The Facility is not equipped to build scenery. Extensive construction (such as power sawing and welding) is not permitted on the stage. Tools, materials, and labor for assembling scenery are the sole responsibility of the User. Security for props, scenery, or other equipment brought into the facility is the responsibility of the user. The school will not be responsible for any loss or damage. There are no facilities for storage or scenery, other than the main stage area. All hanging of scenery must be approved by the Theater Tech Manager. 6. Curtains: Nothing may be clipped or pinned to any of the curtains or drapes in the Facility. 7. Cleaning: The User will leave the stage clean and in the same condition it was in prior to move-in, and will leave the dressing rooms neat and orderly. C. Lighting and Sound 1. Standard Plots. The technical requirements of the production must be approved by the Theater Tech Manager in advance. The User will pay for all expenses resulting from changes. If alterations are made, it is the responsibility of the User to restore both light and sound to their original location and operation to the satisfaction of the Theater Tech Manager. 2. Lighting Equipment. The Theater Tech Manager will have final authority over use of the lighting equipment during the actual performance. 3. Sound System. The Theater Tech Manager will have final authority over use of the sound system during the actual performance. 4. Outside Lighting and Sound Technicians. The Theater Tech Manager must be present at all times during events and must approve of User s light and sound technicians. The User will be solely responsible for the quality of sound during a performance. 5. Lighting and Sound Equipment. When Facility equipment is used by an outside engineer, the Theater Tech Manager reserves the right to determine which of the Facility equipment may be used. However, consultations ahead of performance dates are recommended to enhance the quality of the performance. It is the responsibility of the User to initiate consultations between the Theater Tech Manager and the User technician. D. Labor: It is the sole responsibility of User to secure and pay all personnel needed for the production including but not limited to stagehands, ushers, box office, ticket takers, security guards and technical personnel and any other facility staff. If such personnel are employed by the district, personnel costs will be charged in the invoice and payment should be made payable to Rio Rancho Public Schools. District employees will submit a timesheet to the payroll office for payment. At no time is a district employee to accept payment directly from the user. All district employees must receive payment though the payroll office. 10

11 FACILITY USE FEES: Are available on the Facility Use Management page on RRPS.net review the Fee Schedule Sheet. RRPS, in compliance with state and federal regulations, provides accessibility seating options as identified in the maps below. Approved by the RRPS Board of Education on 5/1/2017 Revisions Approved by Cabinet on 6/14/

12 V. SUE CLEVELAND HIGH SCHOOL GYM UPPER LEVEL ACCESSIBLE SEATING ACCESSIBLE SEATING ACCESSIBLE SEATING ACCESSIBLE SEATING

13

14 RIO RANCHO HIGH SCHOOL GYMNASIUM UPPER LEVEL r-, I I I I ROOF af LOaCERS... FLOORE.OW [JllJ Ill I I - I I I I L_J 0 IIALC0NY IJIII]

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