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City use of Schiling Gym . '\ Kansas State University Office of the Dean College of Technology and Aviation Kansas State University at Solina 2310 Centennial Rood 202 College Center Salina, KS 67401 -8058 785-826-2601 Fox: 785-826-2998 AGREEMENT KANSAS STATE UNIVERSITY, COLLEGE OF TECHNOLOGY AND A VIA TION AND THE CITY OF SALINA This agreement, made and entered into this ~I..day of ~J'(L.s1. 2000, by and between Kansas State University College of Technology and Aviation, a state educational ins6tution, (the "University"), and the City of Salina, a municipality organized and existing under the laws of the State Of Kansas, (the "City"). WITNESSETH: WHEREAS, there is a gymnasium located at the University's Salina campus in the Recreation Center; and WHEREAS, the City desires to use the gymnasium in the KSU-Salina Recreation Center for recreational purposes which are offered by the City's Parks and Recreation Department; NOW THEREFORE in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereby agree as follows: I. The University agrees that the City may use the KSU-Salina gymnasium from September 5, 2000 through April 20,2001 for recreational purposes only. Said use is nonexclusive and any use by the University shall take precedence, with all reasonable efforts to be made to coordinate with the City for use of the gymnasium. 2. Except in situations in which there is a conflict with University use, the KSU-Salina gymnasium will be available to the City's Parks and Recreation Department 35 hours per week. A monthly schedule of days and times reserved for the City's use will be turned in to the KSU-Salina Rec. Coordinator at least one month in advance and will be confirmed within 5 days. The facility will be open only to KSU students, faculty and staff at other times. The facility will be closed during Thanksgiving Break and Semester Break, but will remain open during Spring Break. 3. The City agrees to pay a rental rate of $47.50 per hour of use for the gymnasium, and to have a staff person available to provide oversight of any activity of the recreational activities offered by the City as the City and the University deem appropriate. See attached sheet for description of roles. 4. The University agrees to provide maintenance and housekeeping of the facility. 5. The City agrees to pay for any damages arising from its use of the facility during the times covered by this agreement. 6. The University agrees to provide basketball and volleyball equipment. The City agrees to pay for any equipment loss or damage arising from the City's use. 7. The City agrees to indemnify and hold the University, the State of Kansas, their representatives, agents, and employees harmless for any and all claims, loss, costs, damages or expenses to the property, or for injury to or death of persons (including claims of negligence, or for legal expenses and attorney fees) arising directly or indirectly from the City's use of the University's property, except however that the city does not agree to indemnify or hold the University harmless for any such claims, losses, costs, damages or expenses arising from the University's maintenance of the property. 8. The City agrees to pay the University by the 20th of every month. The University will bill the City monthly by the 5th of every month. 9. This agreement may not be assigned without the written consent of the University, and shall be binding upon and inure to the benefit of the parties hereto, their representatives, successors and assigns. (tJa. It) r ~. 7-00 Date Title ~~~-<- Dennis M. Kis~in L--' City Manager University/City's Agreement of Responsibilities Situations University's Role Supervisor's Role Participant breaking Will inform Will address the rules - supervisor of alleged violation and eating/drinking, violation taking possibly eject the guest/escort policy, place and will person from the unsportsman like document situation facility to have them policy and follow-up taking correct the behavior place depending on problem taking place Repeat Will inform the Supervisor will eject behaviors/violators Supervisor and the participant and document document University's Responsibilities To provide adequate staffing to insure that the building is operational during all times of City usage. To inform the City and the Supervisors of the Rules and Regulations of the KSU-Salina Recreation Center - provide training in August 2000 to staff. To document and inform City Supervisor of any alleged violations. To provide a year-long calendar of days open and closed for FYOl by August 30, 2000 to City. To provide in writing what set ups will be done three weeks in advance of activity. To provide follow-up to intramural activity violations of KSU-Salina community participating in league competitions. To maintain a record of participation numbers for the City's use. City's Responsibilities To inform the Recreation Center Coordinator in writing of intramural violations of KSU- Salina community within 24 hours after violation. To provide an on-site supervisor during all City's usage times. Supervisor will remain in the gymnasium area of the Recreation Center at all times to monitor participants' and their dependents' behavior for safety and security purposes. To provide in written form a list of requested set-up activities at least two weeks in advance of activity to the Coordinator who will discuss this with the City and let them know what can be done and what cannot be done. To monitor, or authorize if necessary, people using the facility by staffing a sign-in table or some other method approved by the KSU-Salina Rec Coordinator. Sports Competitions that are permitted in the KSU-Salina Gymnasium include: Basketball, Volleyball, Badminton, Soccer