CM-2018-1712 - 5/11/2018CITY OF ROUND ROCK
POOL USE AGREEMENT
WITH ROUND ROCK DOLPHINS SWIM TEAM k6
THIS AGREEMENT is made and entered into on the day of the month of
2018, by and between the CITY OF ROUND ROCK (hereinafter referred
to as 96t ), a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round
Rock, Texas 78664-5299, and ROUND ROCK DOLPHINS SWIM TEAM (hereinafter referred to as
"User"), whose offices are located at Post Office Box 1776, Round Rock, Texas 78680.
RECITALS:
WHEREAS, User is a swimming club organized to promote participation in competitive aquatic
sports by residents of City and surrounding areas; and
WHEREAS, City owns and operates swimming pools and associated facilities located at Micki
Kresbach Pool, 301 Deepwood Drive; and Lake Creek Pool, 800 Deerfoot Drive; all in Round Rock,
Texas (hereinafter collectively referred to as the "Pool Facility"); and
WHEREAS, User desires to use the Pool Facility to (a) conduct swimming practices for members
of User's swimming club, and'or (b) hold competitive amateur aquatic sports competitions sponsored by
User; and
WHEREAS, User has requested that City allow it to use the Pool Facility for the stated purposes
from the 2nd day of the month of May, 2018 through and including the 13th day of the month of July,
2018; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing all of their
respective rights, duties and obligations hereunder:
NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, it is mutually agreed by and between the parties as follows:
1.0 TERM
The initial term of this Agreement shall be for three (3) months from date of execution hereof.
2.0 COSTS AND FEES
The following shall be the payment due from User, during the initial term and any renewal terms,
for the uses contemplated in this Agreement:
2.1 User shall pay City for the use of the Pool Facility, and for services incidental to and
associated with such use, at the rates in effect at the time of use. Specified rates include, by way of
illustration and not limitation, charges for use of facilities, utilities, maintenance, equipment and related
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services of City personnel. Current rates are delineated in Exhibit "A" attached hereto and incorporated
herein by reference for all appropriate purposes, but User expressly affirms its understanding and
agreement that rates are subject to change by City at any time during the term of this Agreement.
2.2 City shall invoice User for the use of the Pool Facility at the conclusion of each use period,
and User shall pay the invoiced amount to City within thirty (30) days of invoice date. Failure by User to
timely pay the invoiced amount shall terminate any right by User to access the Pool Facility until full and
satisfactory payment is made, and such failure by User to timely pay may be grounds for City to terminate
this Agreement.
3.0 USE OF POOL FACILITY
3.1 User may use only those areas and facilities within the Pool Facility which are described
on Exhibit "B" attached hereto and incorporated herein by reference for all appropriate purposes. Such
areas and facilities shall include the "Lane Area," "Deck," "Restrooms " "Grass Area," and "Concession
Area." Such areas shall expressly exclude the "Beach Area" unless the Beach Area is directly supervised
by a lifeguard whose sole responsibility is supervision of the Beach Area and who is not responsible at
the time for supervising any other areas.
3.2 User must insure that the Pool Facility is kept at all times in a neat and orderly condition,
that no damage or waste occurs, and that the Pool Facility is at all times properly supervised during any
event, match, meet and/or practice.
3.3 User expressly acknowledges and agrees that it may not use the Pool Facility for
recreational swimming or unsupervised activities.
3.4 User shall not permit any person to participate in the events, matches, practices or meets at
the Pool Facility who does not show proof of insurance through United States Swimming, USA Water
Polo, UIL or an equivalent -sanctioned body.
3.5 User, including all of its officers, agents, employees, members, and participants, must abide
by United States Swimming, USA Water Polo or UIL safety standards and regulations at all times during
use.
3.6 User may enter the Pool Facility to prepare for User's scheduled use, but only with the
prior consent of the PARD Director or his/her designated representative.
3.7 During an event, match, meet or practice, User must comply with all requirements of the
PARD Director or his/her designated representative. The PARD Director or his/her designated
representative, using sole discretion, may cancel or terminate any practice, meet, or other activity that may
directly or indirectly expose any participant or member of the general public to danger of death, disease,
or injury of any kind, or which may expose City to civil or criminal liability of any kind.
3.8 User expressly acknowledges that the Pool Facility is a non -diving facility. Sanctioned
racing starts in the Lane Area must be monitored and supervised by a qualified coach.
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4.0 SCHEDULE OF USE
4.1 Other than those dates and times as shown on Exhibit "C," User must schedule dates and
times for use of the Pool Facility in advance through the PARD Director or his/her designated
representative.
4.2 Activities and events sponsored by City will have priority over dates and times requested
by User for use of the Pool Facility, including the dates and times on Exhibit "C."
5.0 RISK MANAGEMENT PLANS
5.1 User must comply with all United States Swimming, USA Water Polo and/or UIL safety
procedures for events, matches, practices and. -or meets.
5.2 Such Risk Management Plans shall be consistent with United States Swimming, USA
Water Polo and,, -'or UIL guidelines for risk management, and must address parking and security measures.
6.0 SUPERVISION OF ACTIVITIES
6.1 User may never permit any person to be in an unsecured or unsupervised area. No person
may enter authorized areas unless properly authorized and qualified individuals must be supervising those
areas.
6.2 User expressly acknowledges and agrees that City will not provide lifeguards during
events, matches, practices and/or meets.
6.3 User must provide sufficient numbers of properly trained and certified personnel to
supervise and control the aquatic sports activities and all persons participating in and attending User's
programs that are conducted within the Pool Facility, including all persons in the Pool Facility.
6.4 A coach must have a current license from United States Swimming, USA Water Polo or
hold an equivalent license or certification from another training and certifying entity.
6.5 User must provide City with lists of all coaches lifeguards and other adults who will
supervise User events, matches, practice and meets.
licenses, qualifications and insurance for every
documented materials.
7.0 MAINTENANCE OF POOL FACILITY
The list must include documentation of any current
individual, specifying expiration dates of those
7.1 User must keep all portions of the sidewalks, entries, doors, passages, vestibules,
halls, corridors, and stairways of the authorized areas, and all access to utilities and equipment for Pool
Facilities free of any obstructions, and those areas may not be used for any purpose other than ingress or
egress to and from the authorized areas or utilities.
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7.2 User may not bring into the Pool Facility any materials, substance, equipment, or object
that is likely to endanger the life of, or cause injury to, any person or that is likely to be a hazard to
property. City may require the removal of any material, substance, equipment or object that the PARD
Director or his/her designated representative determines is or may be a danger or hazard to any person or
property. User may not install or operate any equipment, fixture, furniture, device, engine, motor or
machinery within the Pool Facility without the express prior written consent of the PARD Director or
his/her designated representative. Grills and/or open flames shall be prohibited in the Pool Facility at all
times.
7.3 User must take all steps reasonable and necessary to preserve and protect the Pool Facility
and the equipment therein. User may not make or allow anyone to make alterations of any kind to the Pool
Facility or to any equipment located therein. User must report any damage and/or abnormalities to the
PARD Director or his/her designated representative within twenty-four (24) hours.
7.4 User shall be liable for and must pay the cost of repair or replacement for any and all
damage caused by, resulting directly or indirectly from, or arising out of its use of the Pool Facility. City
must approve the proposed repair or replacement of any damaged property or equipment before the repair
or replacement occurs.
8.0 SALES AND ADVERTISING
8.1 User may not undertake any retail sales operations at the Pool Facility, and User's events
and activities may not be sponsored by or in any other way be associated with any commercial product or
business, without the prior written consent of the PARD Director or his/her designated representative.
8.2 All signs, banners, placards, displays and announcements must comply with policies of
City. User may not post, display or distribute or permit anyone to post, display or distribute any
advertisement, message, pamphlet or literature at the Pool Facility or on City property without the written
consent of the PARD Director or his/her designated representative.
9.0 CONTROL OF PREMISES
9.1 By permitting User to use the Pool Facility for the purposes stated in this Agreement, City
does not relinquish custody or control of the Pool Facility and specifically retains the right to enforce all
laws, rules, and regulations applicable to the Pool Facility. Representatives of City may enter the Pool
Facility at any time in order to assure that User's activities are in compliance with the terms, spirit, and
intent of this Agreement.
10.0 HAZARDOUS WEATHER
10.1 The User shall have a system in place for monitoring the weather while the event, match,
meet and/or practice is in progress.
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10.2 It is the responsibility of the User or his/her designee to monitor the weather and make all
decisions related to hazardous weather evacuations, shelter in place, delays and/or cancellations.
11.0 LAWS, LICENSES, AND TAXES
11.1 User must comply with all applicable provisions of all state, federal and local laws and
regulations, and must comply with all rules and regulations of City that are related in any way to User's
use of the Pool Facility and its activities and programs conducted in the Pool Facility.
11.2 The payment of any fee, excise or tax, and the procurement of any license or permit
required for any User activity or program shall be User's sole responsibility.
11.3 In relation to this Agreement, User is an independent contractor and not an employee of
City.
12.0 INDEMNIFICATION
12.1 User hereby holds harmless City, and its officers, agents, and employees, from any and all
claims, demands, causes of action, and judgments for injury to or death of any person or damage to any
property that arises directly or indirectly from any act or omission of User or its officers, agents or
employees, in the performance of this Agreement, or that arise directly or indirectly from any act or
omission of a person or official participating in User's activities or programs, or a person who is attending
User's activities or programs at the invitation of or with the permission of User.
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13.1 User must obtain a policy or policies of insurance from a company that is authorized to do
business in the State of Texas and is acceptable to City. The insurance must have limits of liability of at
least $500,000 per person for bodily injury or death and $1,000,000 per occurrence, and at least $200,000
for property damage per occurrence, providing coverage for injury or death of any person (including the
officers, agents and employees of City) and damage to property (including the Pool Facility and other
property of City) that may result during the course of any activity or program of User that occurs on City
property. City must be named as an additional insured on the policy or policies of insurance, and User
must provide City with a certificate of insurance that evidences the required coverage. The insurance may
not be canceled without at least thirty (30) days' written notice to City.
14.0 TERMINATION
14.1 City may terminate this Agreement for any reason by giving User thirty (30) days' written
notice.
14.2 If User refuses or is unable to perform any duty hereunder, or if User is grossly negligent
or fraudulent in the performance of its duties hereunder, then and in that event this Agreement may be
terminated by City without thirty (30) days' written notice to User, and the termination will be effective
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immediately upon delivery of the notice. User shall be liable for and shall pay all outstanding fees upon
termination of this Agreement.
14.3 Notwithstanding anything in this Agreement to the contrary, this Agreement may be
terminated by User by delivery to City of at least thirty (30) days' written notice.
14.4 If the Pool Facility is destroyed or damaged to the extent that the performance of this
Agreement is not possible, then this Agreement shall terminate and City will not be responsible for any
loss or liability that may be incurred by User or which may result to User because of the tennination.
14.5 If City is in default of any obligation under this Agreement, User must give written notice
of such default to the City and, unless reasonable efforts to cure the default are not begun within thirty
(30) days after the date of the notice, User may terminate this Agreement by giving City thirty (30) days'
written notice.
15.0 NOTICE
All notices required by this Agreement must be given by mail or must be delivered in person as
indicated below:
To User:
Round Rock Dolphins Swim Team
Post Office Box 1776
Round Rock, TX 78680
To City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
16.0 MISCELLANEOUS PROVISIONS
16.01 This Agreement may not be assigned by either party and any assignment by either party is
null and void without the other party's prior written consent. City may withhold its consent for any reason.
16.02 This Agreement will be construed under the laws of the State of Texas, and all obligations
of the parties are performable in Williamson County, Texas. Exclusive venue shall lie in Williamson
County, Texas. No right, remedies, or warranties available to City under this Agreement or by operation
of law are waived or modified unless expressly waived or modified by City in writing.
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16.03 This Agreement is binding upon and benefits the parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
16.04 If any of the provisions of this Agreement are held to be invalid, illegal or unenforceable
in any respect, the invalidity, illegality or unenforceability will not affect any other provision and this
Agreement will be construed as if the invalid, illegal or unenforceable provision was never contained in
it.
16.05 This Agreement constitutes the only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties regarding the subject matter.
16.06 The parties hereby expressly agree that no claims or disputes between the parties arising
out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding,
including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or
any applicable state arbitration statute.
16.07 This Agreement may be executed in multiple counterparts, which taken together shall be
considered one original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter
indicated.
City of Round Rock, Texas
fir .
By:is
Title: _ [
Date Signed:
User:
Round Rock Iphins Swim Team
By: C-". 1Tft.ee. t ---
Title: r A ,2U,,..t !h 0-1p4.F
Date Signed: 5- b // S
Attest:
Sara L. White, City CIerk
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P --co t R12 Dol/4,j
EXHIBIT A: CURRENT RATES 2018
1. During the dates of May 2, 2018 through July 13, 2018, the Round Rock
Dolphin Swim Team will be charged for the use of Lake Creek Pool and
Micki Krebsbach Pool:
• Lake Creek Pool $12.00 per hour
• Micki Krebsbach Pool $18.00 per hour
2. Payment will be due at the conclusion on the summer season.
EXHIBIT B: FACILITIES
Micki Krebsbach Pool
User has permission to use the competitive pool, plunge pool, and restrooms.
The office may be used on home meet dates only. User does not have
permission to use the pump room, slide, storage room and leisure pool.
EXHIBIT Q DATES AND TIMES 2017
1. Training Hours
Krebsbach Pool
May 2 - May 10 4:00 pm - 7:00 pm (Monday - Friday)
May 14 - May 30 4:00 pm - 7:00 pm (Monday - Friday, no practice 5/28)
May 31- July 6 6:30 am - 10:00 am (Monday - Friday, no practice 7/4)
July 9- July 13 6:30 am - 8:30 am (Monday - Friday)
2. Saturday Swim Meet Dates/ Special Events
May 19
4:00 pm - 9:00 pm
Practice Meet
May 26
5:30 am - 12:30 pm
Swim Meet
Set Up
5/25
7:00 pm - 9:00 pm
June 9
5:30 am - 12:30 pm
Swim Meet
Set Up
6/8
7:00 pm - 9:00 pm
June 16
5:30 am -12:30 pm
Swim Meet
Set Up
6/15
7:00 pm - 9:00 pm
June 30
5:30 am - 12:30 pm
Swim Meet
Set Up
6/29
7:00 pm - 9:00 pm
3.
4.
Monthly Schedules
Monthly schedules are to be submitted to the Parks and Recreation Department by the 28th of
each month outlining any changes for the upcoming months proposed schedule, At the
completion of each month, actual facility hours will be submitted to the Parks and Recreation
Department by the 5t" of each month outlining days, dates, arrival hours, departure hours and
total hours.
Keys
Facility keys are to be checked out from the Parks and Recreation Department at the
beginning of each season and returned at the conclusion of the season. All keys from one
facility must be returned and accounted for before keys to another facility are checked out. A
$50.00 per key deposit is required.
Classification: //SecureWorks/Confidential - Limited Extemal Distribution.
City of Round Rock
Ro� aROIX Agenda Item Summary
Agenda Number:
Title: Consider executing a Facility Use Agreement with Round Rock Dolphins
Swim Team for use of City Pool for swim team practice and meets.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/11/2018
Dept Director: Rick Atkins, Director
Cost:
Indexes: General Fund
Attachments: CMAF, Facility Use Agreement, Round Rock Dolphins, 2018.pdf, Dolphin
2018 Pool Use Agreement.docx, Dolphin 2017 Summer Contract Exhibit
A.doc, Dolphin 2017 Summer Contract Exhibit B LCP.doc, Dolphin 2017
Summer Contract Exhibit B MKP.doc, Dolphin 2018 Summer Contract
Exhibit C.doc
Department: Parks and Recreation Department
Text of Legislative File CM -2018-1712
Consider executing a Facility Use Agreement with Round Rock Dolphins Swim Team for
use of City Pool for swim team practice and meets.
The Round Rock Dolphins Swim Team is a Round Rock based youth summer league
swim team that consists of up to 300 swimmers. This swim team was formed in 1977 and
they will be celebrating their 41 st Anniversary this summer They use Micki Krebsbach
Pool for their practices and swim meets and lake Creek Pool if needed. Per City
Ordinance, they are charged $18.00 per hour for use at Micki Krebsbach Pool and $12.00
per hour for use at Lake Creek Pool. This agreement is for pool use through July 13,
2018.
City of RoundRock Page f Printed on 5/10/2018