CM-2016-1105 - 5/13/2016 CITY OF ROUND ROCK
POOL USE AGREEMENT
WITH AOUATEX SWIM TEAM
THIS AGREEMENT is made and entered into on the NIL` day of the month of
, 2016, by and between the CITY OF ROUND ROCK (hereinafter
referred to as "City"), V Texas home-rule municipality, whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299, and AQUATEX SWIM TEAM (hereinafter
referred to as "User"), whose offices are 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 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, 2016 through and including the 22nd day of the
month of August, 2016; 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 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
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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.
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 orproperty.
User may not install or operate
any equipment, fixture
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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 abnonnalities. 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.
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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 Cit
Y•
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 an act
p P Y Y or omission of User or
Y Y
its officers, agents or employees, in the performance of this Agreement, or that arise directly or
indirectly fiom 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 y that is
authorized to do business in the State of Texas and is acceptable to City. The insurance must
have limits of liabilityof at least $500 000 per e
p 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 p • 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 Roun Rock, Texas Attest:
By: CS
Title: ,
Date Signed:1-040l14
J
User:
AquaTex SwiNa Team
By:
Title: K -141F
AM
Date Signed: ,
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EXHIBIT A: CURRENT RATES
1. During the dates of May 2, 2016 through August 22, 2016, Aqua Tex
Swim Team will be charged per hour 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 A: CURRENT RATES
1. During the dates of May 2, 2016 through August 22, 2016, Aqua Tex
Swim Team will be charged per hour 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
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 B: FACILITIES
Micki Krebsbach Pool
User has permission to use the competitive pool, plunge pool, and restrooms.
User does not have permission to use the office, pump room, slide, storage room
and leisure pool.
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EXHIBIT C: DATES AND TIMES
1. Training Hours
Lake Creek Pool
May 2—June 3
4:00 pm —6:00 pm Monday— Friday
June 6 —July 8
7:00 am— 9:00 am Monday, Wednesday, Friday
Micki Krebsbach Pool
May 2—June 3
5:30 am — 6:30 am Monday - Friday
7:00 pm —8:30 pm Monday— Friday
9:00 am — 1:00 pm Saturday (unless a swim meet is scheduled)
May 5 —June 5 Monday - Friday
7:00 pm —9:00 pm
June 6 —.July 8
10:00 am — 12:00 pm Monday, Wednesday,Thursday
7:15 pm —9:00 pm Monday, Wednesday,Thursday, Friday
5:00 pm —9:00 pm Tuesday
July 11 —August 22
8:00 am — 10:00 am Monday— Friday
5:00 pm —9:00 pm
2. Swim Meet Schedule
Saturday, May 28 1:00 pm —6:00 pm
Saturday, July 23 8:00 am — 12:00 pm
3. 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 5th of each month outlining days, dates, arrival hours, departure hours and
total hours.
4. 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.
City of Round Rock
ROUND ROCK
-rFEXAs Agenda Item Summary
Agenda Number:
Title: Consider executing a Pool Use Agreement with Aquatex Swim Team for
use of city pools for summer swim team practice and meets.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/13/2016
Dept Director: Rick Atkins, Director
Cost:
Indexes: General Fund
Attachments: CMAF, Pool Use Agreement, Aquatex, 2016.pdf, Backup AQTX.pdf
Department: Parks and Recreation Department
Text of Legislative File CM-2016-1105
AquaTex Swim Team is a Round Rock based youth and adult summer swim team that has
been in existence for seven years and consists of up to 100 youth and master swimmers.
They use Micki Krebsbach Pool and Lake Creek Pool for their practices and swim meets
during the summer months. Per City Ordinance, they are charged $18.00 per hour for use
of Micki Krebsbach Pool and $12.00 per hour for use of Lake Creek Pool. This agreement
is for pool use through August 22, 2016
This agreement ties to the City of Round Rock Strategic Plan Goals 2017: The Sports
Capital for Tourism and Residents.
Department official recommends approval of this item.
City of Round Rock Page 1 Printed on 511212016
COP If ' 4r�TIti�e4NA °EEjTf� `�OR�
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: PARD Project Name: Facility(Pool)Use Agreement
Project Mgr/Resource: Cath Martel ContractorNendor: Aquatex Swim Team
xQCity Manager Approval
CMA Wording
Consider executing a Pool Use Agreement with Aquatex Swim Team'for use of City Pools for summer swim team practice and
meets.
Approval
X❑Employee EE Bowden atLPApril 29,2016
Notes/Comments