Res 2024-050 approving a Memorandum of Understanding between the City of San Marcos and San Marcos Consolidated Independent School District, providing for the shared use of facilities for youth related programs and activities

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$1,000,000 each occurrence, $2,000,000 general aggregate against claims for injuries to persons or damage to property which may arise from or in connection with the use of the City Facilities. The School District shall also secure general liability insurance coverage for participant liability with limits of not less than $250,000 per occurrence. The School District shall also provide Workers' Compensation insurance of not less than the statutory limits. The School District shall provide a certificate of insurance evidencing the required insurance before using the City Facilities. 10. Cost and Fees. 10.1 User registration fees may be set for the use of District facilities by the City. Such registration fees shall be retained as revenue by the City. 10.2 User registration fees may be set for the use of City facilities by the District. Such registration fees shall be retained as revenue by the District. 10.3 Facility rental fees will be waived for each entity. Each entity agrees to pay additional operating costs such as,but not limited to: lighting fees,custodial fees, supervisory fees, etc. 11. Notice to Parties 11.1 Any notice given hereunder by either party to the other shall be in writing and may be affected by personal delivery in writing or by certified mail,return receipt requested. 11.2 Notice to the City shall be sufficient if made or addressed to the Office of the City Manager. 11.3 Notice to the District shall be sufficient if made or addressed to the Office of the Superintendent. 11.4 Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this paragraph. 12. Inspection. Each party and its authorized officers, agents, and employees shall have the right to enter and inspect the Facilities at reasonable times. 13. No Third Party Benefits. The Parties hereto do not intend to confer on any third parties any benefits hereunder. Therefore, no third party may utilize any provision hereof as a third party beneficiary or otherwise. 14. Entire Agreement. The terms and conditions written herein constitute the entire understanding between the Parties. This Agreement shall not be modified or amended except in writing and executed by the Parties hereto. 15. Governing Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas, and the venue of any action brought hereunder shall be in the state courts having jurisdiction in Hays County, Texas.