HomeMy WebLinkAboutR-2000-051 Miller Park Pool Agreement with YMCA (Young Men’s Christian Association)RESOLUTION NO. R-2000- 51
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
agreement between the City of Yakima and the Young Men's
Christian Association for the operation and maintenance of the
public swimming pool at Miller Park during the summer of 2000.
WHEREAS, due to budget constraints the City of Yakima is unable to fund the
operation and maintenance of the public swimming pool at Miller Park during calendar
year 2000; and
WHEREAS, the Young Men's Christian Association is willing to operate and
maintain said swimming pool between June 15 through August 20, 2000, in accordance
with the terms and conditions of the attached agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to authorize execution of a contract with the Young Men's Christian Association
for the operation and maintenance of the swimming pool at Miller Park during the
summer of 2000, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Miller Park Pool Agreement" between the City of Yakima and the Young
Men's Christian Association for the operation and maintenance of the swimming pool
at Miller Park during the summer of 2000.
ADOPTED BY THE CITY COUNCIL this 16tH day of May, 2000.
ATTEST: IVa y Place, Mayor
C✓ e—vt.e 7,4 / este i,/,).1 Iii a
City Clerk
(1k)res/parks/miller park pcwl/ymca-00-pm
MILLER PARK POOL AGREEMENT
BETWEEN THE CITY OF YAKIMA AND YMCA
This Pool Operation an Maintenance Agreement, hereinafter "Agreement," is
made and entered into this «ay of a , 2000, by and between the City of
Yakima, a Washington State municipal corp ation, hereinafter the "City," and the
Young Men's Christian Association, a non-profit organization, hereinafter "YMCA."
WHEREAS, due to budget constraints the City of Yakima is unable to fund the
operation and maintenance of the public swimming pool at Miller Park during calendar
year 2000.
WHEREAS, YMCA is willing to operate and maintain said swimming pool
between June 15 through August 20, 2000, in accordance with the terms and conditions
of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and YMCA as follows:
1. Scope of Services.
a. City of Yakima. The City shall:
i. Prepare the Miller Park pool and corresponding facilities for
initial opening on June 15, 2000.
ii. Have a pool maintenance specialist visit said pool on a daily
basis between June 15 through August 20, 2000, in order to
check the water quality and perform necessary water quality
tests.
iii. Be responsible for all necessary repairs
said pool and facilities except to the extent that such repairs
to
d • - . - : are necessary due to the negligence of
if -y YMCA, its officers, employees, agents, or volunteers.
b. YMCA shall:
i. Operate and generally maintain the public swimming pool
and corresponding facilities at Miller Park, Yakima,
Washington, from June 15 through August 20, 2000. Such
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maintenance shall include, but not be limited to, daily
cleaning and disinfecting of the restrooms and locker rooms,
daily cleaning and chemical treatment (if necessary) of the
pool, and daily clean up of litter at the pool and facilities.
ii. Be responsible for providing all necessary material and
supplies (i.e., chemicals, toilet paper, paper towels, soap)
associated with said operation and daily maintenance.
iii. Be responsible for all costs associated with the daily
maintenance and operation of the pool and corresponding
facilities.
iv. Determine the days and hours that the facilities and pool
shall be open to the public between June 15 through
August 20, 2000.
v. Provide all necessary personnel to operate and maintain the
pool and facilities during said time period, including, but
not limited to, providing at least one (1) lifeguard at the
facility during all times that the pool is open and available
for use by the public.
vi. Collect all required fees from users of the pool facilities. The
rate of the pool use fees shall be maintained at the same level
as was set for the pool in 1999.
vii. At the termination of this Agreement, YMCA shall leave the
City's pool facility and general pool area in the same
condition as it was when YMCA initiated its operation and
maintenance of the pool on June 15, 2000. At the time of
termination and upon vacation of the premises by YMCA,
YMCA shall be responsible for the costs of any repairs,
-• - e - or cleaning that the City determines is
-� necessary due to the negligence of YMCA, its officers,
employees, agents, or volunteers.
2. Consideration. As consideration for operating and maintaining the pool and
corresponding facilities in accordance with the terms and conditions of this Agreement,
the YMCA shall be entitled to retain all revenues received from users of the pool
between June 15 through August 20, 2000.
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3. Concessions. As additional consideration for the services provided under this
Agreement, the YMCA shall also be allowed to operate concessions at the pool facilities
under the following conditions:
a. Any vending machine operated by the City shall remain fully
operational
The location of the concession shall be in an area approved by the
City Aquatic Supervisor.
c. For food concessions, proper food handling permits shall be
posted.
d. No glass containers are permitted.
4. Term. The term of this Agreement shall commence upon execution hereof and
terminate at midnight of August 20, 2000, unless sooner terminated by either party in
accordance with Section 17 of this Agreement.
5. Independent Contractor Status of YMCA. YMCA and the City understand and
expressly agree that YMCA is an independent contractor in the performance of each
and every part of this Agreement. YMCA, as an independent contractor, assumes the
entire responsibility for carrying out and accomplishing the services required under this
Agreement. Additionally, and as an independent contractor, YMCA and its employees
shall make no claim of City employment nor shall claim against the City any related
employment benefits, social security, and/ or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership
or agency between YMCA or any officer, employee or agent of YMCA and the City.
6. Taxes and Assessments. YMCA shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but
not limited to, federal income tax, FICA, social security tax, assessments for
unemployment and industrial insurance, and other deductions from income which may
be required by law or assessed against either party as a result of this Agreement. In the
event the City is assessed a tax or assessment as a result of this Agreement, YMCA shall
pay the same before it before it becomes due.
7. Nondiscrimination Provision. During the performance of this Agreement,
YMCA shall not discriminate in violation of any federal, state, and/ or local law and/ or
regulation on the basis of race, age, color, sex, religion, national origin, creed, marital
status, political affiliation, or the presence of any sensory, mental or physical handicap.
This provision shall include but not be limited to the following: employment,
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upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of
pay or other forms of compensation, selection for training, and the provisions of
services under this Agreement.
8. The Americans With Disabilities Act. YMCA agrees to comply with the
Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its
implementing regulations, and Washington State's anti -discrimination law as contained
in RCW Chapter 49.60 and its implementing regulations. The ADA provides
comprehensive civil rights to individuals with disabilities in the area of employment,
public accommodations, state and local government services, and telecommunications.
9. Compliance With Law. YMCA agrees to perform all services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise.
10. No Insurance. It is understood the City does not maintain liability insurance for
YMCA, its directors, officers, employees, representatives, agents, or volunteers.
11. Indemnification and Hold Harmless.
a. YMCA agrees to protect, defend, indemnify, and hold harmless the City,
its officers, elected officials, agents, and employees from any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including attorneys' fees and disbursements)
caused by or occurring by reason of any negligent act and/ or omission of YMCA, its
directors, officers, employees, agents, and/ or volunteers arising out of or in connection
with the performance or nonperformance of the services, duties, and obligations
required under this Agreement.
b. In the event both the City and YMCA are negligent, YMCA's liability for
indemnification of the City shall be limited to its contributory negligence for any
resulting suits, actions, claims, liability, damages, judgments, costs, and expenses that
can be apportioned to YMCA, its directors, officers, employees, agents, and/ or
volunteers.
c. Nothing contained in this Section or this agreement shall be construed to
create a liability or a right of indemnification in any third party.
12. Liability Insurance. On or before the date this Agreement is fully executed by
the parties, YMCA shall provide the City with a certificate of insurance as proof of
liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate shall clearly
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state who the provider is, the amount of coverage, the policy number, and when the
policy and provisions provided are in effect (any statement in the certificate to the effect
of "this certificate is issued as a matter of information only and confers no right upon
the certificate holder" shall be deleted). Said policy shall be in effect for the duration of
this Agreement. The policy shall name the City, its officers, elected officials, agents, and
employees as additional insureds, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City thirty (30) calendar days
prior written notice (any language in the clause to the effect of "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company" shall be
crossed out and initialed by the insurance agent). The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the State of Washington.
13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by YMCA to any other person or
entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of YMCA stated herein.
14. Severability. If any portion of this Agreement is changed per mutual agreement
or any portion is held invalid, the remainder of the Agreement shall remain in full force
and effect.
15. Integration. This written document constitutes the entire agreement between the
City and YMCA. There are no other oral or written Agreements between the parties as
to the subjects covered herein. No changes or additions to this Agreement shall be valid
or binding upon either party unless such change or addition be in writing and executed
by both parties.
16. Non -Waiver. The waiver by the City or YMCA of the breach of any provision of
this Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach by either party or prevent either party from thereafter enforcing any
such provision.
17. Termination. Either the City or YMCA may terminate this Agreement, with or
without cause, by giving the other party ten (10) days written notice of termination.
18. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties to their addresses as follows:
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TO CITY:
TO YMCA:
Denise Nichols,
Manager, Parks & Recreation Division
City of Yakima Public Works
2301 Fruitvale Boulevard
Yakima, WA 98902
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or to such other addresses as the parties may hereafter designate in writing. Notices
and/ or demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
20. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA YOUNG MEN'S CHRISTIAN
ASSOCIATION
By:
t.)
Dick Zais, Cit Manager
City Contract No. 2000-41
Resolution No. R-2000-51
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April 28, 2000
Terry Rasberry
Yakima Family YMCA
5 N. Naches Ave.
Yakima, WA 98901
Dear Terry:
ve
United Way
of Yakima County
116 South Fourth Street
Yakima, Washington 98901
Phone: 509-248-1557
Fax: 509-248-4422
Toll Free: 1-800-411-8929
www.unitedwayyakimaco.com
The United Way of Yakima County Board of Directors has approved a one-time only
allocation to the Yakima Family YMCA in the amount of $10-000 to support your efforts
to operate Miller Pool this summer.
You will receive your allocation in two payments beginning in May and ending in June,
2000. Before payment can be made we will require a signed copy of your contract with
the City of Yakima to operate Miller Pool and a copy of your proposed operating budget.
Both the United Way Board of Directors and the members of the United Way
Foundation, who reviewed your request were very impressed with how the YMCA has
stepped forward to assist the City of Yakima in keeping pools open for kids this summer.
We are pleased to support your efforts to meet the needs of Yakima's youth this summer
and we wish you much success.
Sincerely,
Larry Petry
United Way President
cc: Denise Nichols, Yakima Parks & Recreation
Chris Bohr, Yakima Providence Hospital
.131
April 6, 2000
Ms, Mary Place — Mayor
Office
r_ _ Mayor
Office of the
City Hall
129 North Second Street
Yakima, WA 98901
Dear Madame Mayor:
On behalf of Providence Health System in Central Washington, I am very pleased to provide the
City of Yakima our pledge of support to keep Lions Pool open to the public over this upcoming
summer. Providence believes strongly that this action is in the best interest of our community.
I met with Denise !i!?11 4 of Yakima
ak7Y'P arks and Recreation and representatives from the United
Way and the YMCA oin Monday, April 3, to discuss the proposed closure of Lions Pool for an
eight=week period (not including a three-week closure for scheduled maintenance) over this
summer. At that meeting, I was able to commit a contribution of up to $10,000 from Providence
to keep the pool open over this period.
the a Y would like take this opportunity to bring the following information to the
For 1110+ record, 1 vv'v utu toopportunity v
attention of the City of Yakima and its City Council:
1 Health
7 Washington
divided d four Service Areas. The Central
�
Providence tleaitn System in �' CLJrrrlrb' Loll is Ul J1UeU into iv u� �.,��
Washington Service Area (CWSA) is comprised of Providence Yakima Medical Center,
Providence Toppenish Hospital and the local Providence medical clinics in these
conununities.
o Providence CWSA, like all Providence service areas, operates on a local basis. That is to
say, decisions relating to Yakima and Toppenish are made locally and involve local
administration and a local Board of Directors.
® Providence CWSA carries all responsibility for local fiscal decisions. Local financial
performance dictates the funds available for Yakima and Toppenish Providence facilities in
Central Washington. This includes all patient care services, community support and
administrative costs. There may be some misunderstanding that fiscal resources are available
from outside of our local facilities and, unfortunately, that is not the case.
• While Providence does operate an Aquatics physical therapy program that utilizes Lions Pool
(the only viable pool for this program for a variety of reasons), our $10,000 contribution
greatly exceeds any revenue Providence would collect from this program over the 8 -week
period. Although this contribution pushes this program far into the red for the summer
months, we remain committed to doing what is right for community and are happy to assist
the City in this respect for 2000.
Ms. Mary Place, Mayor
April 6, 2000
Page 2
Unfortunately, Providence is not in a position to make any commitments around this issue for
beyond this year. As a result, I would strongly encourage the City of Yakima to consider many
different options for 2001 and beyond which will avoid any pool closure over the summer for
funding issues. Options presented at the April 3 meeting with Denise Nichols included
community fundraising drives, involvement of local service clubs, increased usage fees,
establishment of a foundation dedicated to park and recreation activities.
Lastly, I want to express Providence's expectation that, if through the efforts of Providence, the
United Way and the YMCA and others, Lions Pool remains open during the 8 -week period in
question, Providence's Aquatics program's pool access will not change (either in hours or
available lanes). Such changes would, in effect, detrimentally disrupt our programs and could
reduce the therapeutic value of these sessions for our patients.
I am very happy that Denise Nichols contacted Providence to work on this issue. I have been
very encouraged by the work she and the ad hoc consortium she has been able to develop have
done. Providence is firmly behind this issue for the 2000 summer and looks forward to a wet
and fun pool season for Lions Pool!
Sin/cer//e`ly,
F f f= ,4f L �` Ji.
Christopher A. Borr
f3
Director, Communications & Marketing
(509) 575-5282
cc: Dr. Andrew Robertson (CEO- Providence CWSA)
Denise Nichols (Yakima City Parks and Recreation Department)
Glen Nichols (United Way)
Terry Rasberry (YMCA)
Sunday
Monday
Tuesday
Lions: Summer 2000
Wednesday
Thursday
Friday
Saturday
6:00
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
6:00
6:30
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
6:30
7:00
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
7:00
7:30
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
7:30
8:00
Providence
Providence
Providence
8:00
8:30
Providence
Providence
Providence > >
I
8:30
9:00
Providence/LTS
LTS
Providence/LTS
LTS
Providence
9:00
9:30
Providence/LTS
LTS
Providence/LTS
LTS
Providence
9:30
10:00
Providence/LTS
LTS
LTS
LTS
10:00
10:30
Providence/LTS
LTS
LTS
Providence/LTS
10:30
11:00
LTS
LTS
LTS
Providence/LTS
11:00
11:30
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
11:30
12:00
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
12:00
12:30
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
12:30
1:00
Recreational
Recreational
Recreational
Recreational
Recreational
1:00
1:30
Recreational
Recreational
Recreational
Recreational
Recreational
1:30
2:30
Recreational
Recreational
Recreational
Recreational
Recreational
2:30
3:00
Recreational
Recreational
Recreational
Recreational
Recreational
3:00
3:30
3:30
4:00
4:00
4:30
4:30
5:00
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
5:00
5:30
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
5:30
6:00
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & WW
Adult Lap & VVW
6:00
6:30
LTS
LTS
LTS
LTS
6:30
7:00
LTS
LTS
LTS
LTS
Family Dime Night
7:00
7:30
LTS
LTS
LTS
LTS
Family Dime Night
7:30
8:00
Family Dime Night
8:00
8:30
8:30
9:00
-
9:00
9:30
9:30
10:00
_.. _ ._.
10:001
' Closed
LTS: Learn To Swim
WW: Waterwalking
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9
For Meeting of Mav 16, 2000
ITEM TITLE: Presentation on Summer Pool Operations
SUBMI't'1'tD BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020
Debbie Wadleigh, Aquatic Supervisor
SUMMARY EXPLANATION:
Thanks to the support from the Yakima YMCA, United Way and Providence Health
Systems, Lions Pool will remain open throughout the summer.
The Yakima YMCA has offered to operate Miller Pool for the summer with the assistance
of a $10,000 grant from United Way. The City's operational budget, set aside for Miller
Pool, will be transferred and used to keep Lions Pool operational for the eight-week
summer season. In addition, Providence Health System has pledged $10,000, which will
enable Lions Pool to remain open. (CONTINUED ON NEXT PAGE)
Resolution X Ordinance Other (Specify) Attachments
Contract Mail to (name and address) : YMCA
Phone:
Funding Source: Parks and Recreation
APPROVED FOR SUBMITTAL :
--I1 City Manager
STAFF RECOMMENDATION: Staff respectfully requests City Council approval to
keep Lions Pool open during the summer, allowing the Yakima YMCA to operate Miller
Pool and to acknowledge the generous support from the YMCA, United Way, and
Providence Health System. Staff also requests approval of the attached Resolution and
Agreement between the YMCA and the City of Yakima for the operation of Miller Pool.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Miller Pool was selected by the YMCA because of its efficiencies and proximity to the
downtown YMCA, Jewett Child Center and the neighborhood youth who utilize the
pool.
The City's maintenance staff will prepare the pool for opening as usual, and the aquatic
maintenance specialist will with water quality and minor repairs. The YMCA staff
specialist will assist with water quality
will provide management and operational staffing, supplies and utilities.
Recreational swim fees will remain the same as at the other pools and the YMCA will
honor City swim passes. Revenues for the Miller Pool operation will go to the YMCA to
offset operational costs.
Summer pool operational dates are as follows:
Franklin Pool June 16 - September 4
Washington Pool June 16 - August 10
Eisenhower Pool July 3 - September 1
Miller Pool June 15 - August 20
Lions Pool June 16 - August 10
(Closed for 3 -week maintenance
August 11 - September 4)
The summer swim schedule for Lions pool is attached for your information, along with
letters from United Way and Providence Health Systems. Also attached is the
Resolution authorizing the Miller Pool Agreement for your review and approval.
Melynn Skovald
Agenda Statement
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