CM-2019-0180 - 6/14/2019CITY OF ROUND ROCK
POOL USE AGREEMENT
WITH ROUND ROCK DOLPHINS SWIM TEAM
r—THIS AGREEMENT is made and entered into on the { \day of the month of
_ 2019, by and between the CITY OF ROUND ROCK (hereinafter
referr as "City"), 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 1st day of the month of May 2019 through and including the 12th day of the month of July
2019; 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 shall be for three (3) months commencing May 1,
2019 through August 17, 2019.
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
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illustration and not limitation, charges for use of facilities, utilities, maintenance, equipment and related
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
meets and/or practices.
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 practices or meets at the Pool
Facility who does not show proof of insurance through United States Swimming, 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 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 a 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.
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 and/or UIL safety procedures for
practices and meets.
5.2 Such Risk Management Plans shall be consistent with United States Swimming 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
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 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 practice and meets. The list must include documentation of any current licenses,
qualifications and insurance for every individual, specifying expiration dates of those documented
materials.
7.0 MAINTENANCE OF POOL FACILITY
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 Iikely 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.
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.I 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 LAWS, LICENSES, AND TAXES
10.1 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.
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10.2 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.
10.3 In relation to this Agreement, User is an independent contractor and not an employee of
City.
11.0 INDEMNIFICATION
11.1 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.
12.0 INSURANCE
12.1 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.
13.0 TERMINATION
13.1 City may terminate this Agreement for any reason by giving User thirty (30) days'
written notice.
13.2 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
immediately upon delivery of the notice. User shall be liable for and shall pay all outstanding fees upon
termination of this Agreement.
I3.3 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.
13.4 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 Iiability that may be incurred by User or which may result to User because of the termination.
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13.5 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.
14.0 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
15.0 MISCELLANEOUS PROVISIONS
15.01 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.
15.02 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
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Agreement or by operation of law are waived or modified unless expressly waived or modified
by City in writing.
15.03 This Agreement is binding upon and benefits the parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
15.04 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.
15.05 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.
15.06 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 (4
USC Section 1-14) or any applicable state arbitration statute.
15.07 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.
City4ofand Rack, Texas
By:
Title
Date Signed: (4
User:
Round RoMACL
ols Swim Tea
By: im=!c
Title: t--
Date Signed:
7
Attest:
%a�• t' )� 1/l.[A .(
Sara L. White, City Clerk
EXHIBIT A: CURRENT RATES 2018
1. During the dates of May 1, 2019 through July 12, 2019, 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:FAQ4ITIES
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.
Lake Creek Pool
User has permission to use the competitive pool, diving well, office area and
restrooms. User does not have permission to use the pump room or baby pool.
i. Training Hours
Krebssbac
0&
May 1" May 24 4:00 pm -- 7:00 pm (Monday — Friday, no practice 5/27)
May 28 —July 5 6:30 am —10:00 am (Monday — Friday)
July 8 - July 12 7:00 am - 9:00 am (Monday — Friday)
2. Saturday Swim Meet Dates/ Special Events
May 18
8:00 am —11:00 am
Practice Meet
May 25
5:30 am —1:00 prn
Swim Meet
Set Up 5/24
7:00 pm — 8:00 pm
June 1
5:30 am —1:00 prn
Swim Meet
Set Up 5/31
7:00 pm -- 8:00 pm
June 8
5:30 am —1:00 pm
Swim Meet
Set Up 6/7
7:00 pm — 8;00 pm
June 15
5:30 am —1:00 pm
Swim Meet
Set Up 6/14
7:00 pm — 8:00 pm
June 22
5:30 am —1:00 pm
Swim Meet
Set Up 6/21
7:00 pm — 8:00 pm
July 6
5:30 am — 3:00 pm
Swim Meet
Set Up 7/5
7:00 pm — 8:00 pm
3. Monthly Schedules
Monthly schedules are to be submitted to the Parks and Recreadon Department by the 281h 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 5s' of each month outlining days, dates, arrival hours, departure hours and
total hours.
4. Keys
Fadlity 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
fadllty must be returned and accounted for before keys to another facility are checked out. A
$50.Do per key deposit is required.
City of Round Rock
ROUND RDEK
TEXAS Agenda (tem Summary
Agenda Number:
Title: Consider authorizing a Pool Facility Use Agreement with Round Rock
Dolphins Swim Team for swimming practices and to hold competitive
amateur aquatic sports competitions sponsored by User for the months of
May 2019 - August 2019.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/14/2019
Dept Director: Rick Atkins, Director
Cost:
Indexes: General Fund
Attachments: RR Dolphins Swim Team Agreement, CMAF Dolphins Swim Team
Department: Parks and Recreation Department
Text of Legislative t=ile CM -2019-0180
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, serves as a backup. 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 12, 2019.
Glty of Round Rock page f Printed on 0113/2019