CM-2019-0300 - 10/4/2019CITY OF ROUND ROCK
POOL USE AGREEMENT
WITH AOUATEX SWIM TEAM
T- REEMENT is made and entered into on the �day� of the month
of0S V , 2019, by and between the CITY OF ROUND ROCK (referred
to as the "City"), a Texas home -rule municipality, with offices located at 221 East Main
Street, Round Rock, Texas 78664-5299, and AQUATEX SWIM TEAM (referred to as the
"User"), with offices located at 1103 Cedar Falls Street, Round Rock, Texas 78681.
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 a swimming pool and associated facilities located
at Micki Krebsbach Pool, 301 Deepwood Drive; and Lake Creek Pool, 800 Deerfoot Drive, all in
Round Rock, Texas (hereinafter 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 for the term set forth herein; 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 term of this Agreement shall be from August 16, 2018 through and including August
30, 2019, and shall not be extended or renewed.
2.0 COSTS AND FEES
The following shall be the payment due from User, during the entire term, 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
00409998 ss2
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."
4.3 If applicable, home meets shall end by 12:30 pm at the latest so that the Pool
Facility may open for recreational swimming to the public.
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 Iifeguards
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.
3
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,
10.2 In accordance with Chapter 2270, Texas Government Code, a governmental
entity may not enter into a contract with a company for goods or services unless the contract
contains written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel and will not boycott Israel during the term of this contract. The signatory
executing this Agreement on behalf of User verifies User does not boycott Israel and will not
boycott Israel during the term of this Agreement.
10.3 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.
10.4 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
I2.1 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.
5
15.4 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
Agreement or by operation of Iaw 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 {9
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.
[Signatures on the following page.]
7
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By: 49
Title:
Date Signed: jQ
User:
AquaTex Swim Te
By: Cr
Title: C
Date Signed:
For ity Approved . to Form:
Stephan L. Sheets, City Attorney
EXHIBIT A: CURRENT RATES
1. During the dates of August 16, 2018 through April 30, 2019, Aqua Tex
Swim Team will be charged their prorata share of the following expenses
for Lake Creek Pool and Micki Krebsbach Pool usage:
• Gas 100%
• Electric 75%
• Pool Chemicals - The following formula will be used: Total number
of swim team hours divided by the total number of days multiplied
by eight hours (per day)
• Pool Technician Hours 20%, 100% on overtime hours
• Invoice Preparation 100%
EXHIBIT B: FACILITIES
Mickil Krebsbach Poo!
User has permission to use the competitive pool, plunge pool, office and
restrooms. User does not have permission to use the pump room, slide, storage
room and leisure pool.
3l
i V
i
lip,
,
W ,S\ anr
EXHIBIT C: DATES AND TIMES
• Training Hours — Micki Krebsbach Pool
August 22, 2017 —April 30, 2019
• Monday — Friday: 5:30 am — 6:30 am
• Mondays, Wednesdays, Fridays: 3:30 pm — 7:30 pm
• Tuesdays, Thursdays 3:30 pm — 9:00 pm
• Saturdays: 6:30 am —10:00 am
• Swim Meets — Micki Krebsbach Pool
2019
• Saturdays 7:00 am — 6:00 pm
• Training Hours —Lake Creek Pool
April 1— April 30, 2020
• Mondays— Fridays: 5:30 am — 6:30 am
• Mondays, Tuesdays, Wednesdays 3:30 pm — 7:30 pm
• Monthly Schedules
• Proposed monthly schedules are due by the 15 I of each prior month.
• Actual facility hours used are due by the 5" of each following month.
• Each monthly schedule should outline 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 each 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.
S. Maintenance Month(s)
• To be determined based on maintenance needs at which time all swim team
practices/meets will be cancelled or moved to another location based on availability.
PCity of Round Rock
NO ROCKAgenda [tem Summary
;
Agenda Number:
Title: Consider executing a Pool Use Agreement with Aquatex Swim Team for
competitive aquatic sports. Agreement term August 15, 2019 - April 30,
2020.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/4/2019
Dept Director: Rick Atkins, Director
Cost:
Indexes: General Fund
Attachments: -- Aqua Tex 2019-2020 Contract with Signature Exhibits, CMAF - Pool Use
Agreement Aquatex Swim Team
Department: Parks and Recreation Department
Text of Legislative File CM -2019-0300
AquaTex Swim Team is a Round Rock based youth and adult swim team that has been in
existence for ten years and consists of up to 170 youth and master swimmers. They use Micki
Krebsbach Pool and Lake Creek Pool for their practices and swim meets during the school
year. Usage fees for Micki Krebsbach Pool and Lake Creek Pool are billed as a pro rata
share. This agreement is for pool use through April 30, 2020.
City of Round Rock Page i Pdnfed on 10/4/2019