CM-09-08-163CITY OF ROUND ROCK
POOL USE AGREEMENT
ciiiTHIS GREEMENT is made and entered into on thea day of the month of
, 2009, by and between the CITY OF ROUND ROCK (referred to
as the " y"), 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 chub, 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 August 24, 2009 through and including April 30, 2010;
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 the 2009-2010 school year, 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
way of 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"
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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, 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.
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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 lifeguards
during practices and/or meets. City agrees to provide lifeguard(s)/manager(s) for a contracted
pool party for an additional fee.
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
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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.
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.
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
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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.
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.
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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.
13.3 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 liability that may be incurred by User or which may result to User
because of the termination.
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:
AquaTex Swim Team
c/o Mark Parshall
1103 Cedar Falls Street
Round Rock, TX 78681
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.
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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 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 (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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printed
Title:
Date Signed:
Attest:
By:
Sara L. White, City Secretary
For City, ' •oved as to ' rm:
By: 1.4
eph L. Sheets, City Attorney
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AquaTex Swim Team,
User
By:
Printed Name: /2200,4 W th*.Sh449a-
Title: WO eme#
Date Signed: p. 71 O/
EXHIBIT A: CURRENT RATES
During the dates of August 24, 2009 through April 30, 2010, 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%
• Invoice Preparation 100%
EXHIBIT
EXHIBIT B FACILITIES
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.
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EXHIBIT
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EXHIBIT 8: FACILITIES
Micki Krebsbach Pool
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.
EXHIBIT
EXHIBIT C: DATES AND TIMES
1. Training Hours — Micki Krebsbach Pool/Lake Creek Pool
August 24, 2009 — April 30, 2010
• Afternoons/Evenings: M - F 4:00 pm — 7:00 pm
2. Swim Meet — Micki Krebsbach Pool
• September 25 12:00 pm — 8:00 pm
• September 26 6:00 am — 5:00 pm
• September 27 7:00 am — 12:00 pm
3. Saturday Practices
• Saturday practice times will be available upon request.
4. Monthly Schedules
• Proposed monthly schedules are due by the 28th of each prior month.
• Actual facility hours used is due by the 5th of each following month.
• Each monthly schedule should outline days, dates, arrival hours, departure
hours and total hours.
5. 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.
6. Maintenance Month
Lake Creek Pool:
Micki Krebsbach Pool:
February 15— March 15, 2010
March 16 April 17, 2010
EXHIBIT
„c,i
DATE: August 24, 2009
SUBJECT: City Manager Approval —August 28, 2009
ITEM: Consider executing "Pool Use Agreement" with Aqua Tex Swim Team during the
2009-2010 school year.
Department:
Staff Person:
Parks and Recreation
Cath Martel, Athletics and Aquatics Manager
Justification: To approve contract.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: Aqua Tex Swim Team which supports youth and master swimmers is
requesting to use Micki Krebsbach and Lake Creek Pools for their practices and meets. This
contract allows them to use both pools from August 2009 through April 2010.
Public Comment: N/A
UPDATED APRIL 2008
5112/2009
Request for City CounciUCity Manager Action
0 City Council i City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Parks and Recreation
Contact Person: Mary Fusilier / Tracy Tackett
Project Mgr/Resource: Cath Martel
Project Coordinator: Cam Martel
Assigned Attomey: J. Kay Gayle
City Council or City Manager Approval Date:
Agenda Wording
Project Name: Swim Team Agreement
ContractorNendor. Aqua Tex Swim Team
Funding Source:
Additional funding Source:
Amount: so
8/28/2009
Account Number: N/A
Consider executing Tool Use Agreement' with Aqua Tex Swim Team during the 2009-2010 school year.
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
11jChange in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes n No tO;
# _
# _
11jUnforeseen Circumstances
Other (Please clearly identify action on lines below)
APPROVALS
or ted ONLYbyl
Amount
R aired for Submission of ALL C
Project Mgr. Signature:
Dept. Director Signature:
'City Attomey Signature:
City Manager Signature:
PLACED ON THE COU
nclland C Mona ,erItems
Date:
Date:
Date:
Date:
*City Attomey signature is required for all items.
REVISED 8/26/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: PARD
Project Mgr/Resource: CATH MARTEL/MARY FUSILIER
[]Council Action:
gii
ORDINANCE
Agenda Wording
Project Name: 2010 POOL USE AGREEMENT
ContractorNendor: AQUATEX SWIM TEAM
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing "Pool Use Agreement" with AquaTex Swim Team during the 2009-2010 school year.
Attorney Approval
E Attorney
Notes/Comments
Date S-• 25 . j
O:\wdox\SCCInts10123\09021M I SC\00169388
Updated 6/3/08