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HomeMy WebLinkAboutR-2001-092RESOLUTION NO. R-2001- 92 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 2001. WHEREAS, the City needs assistance in operating and maintaining the public swimming pool at Miller Park; and WHEREAS, the YMCA has the experience and expertise necessary to provide said services, and YMCA is willing to operate and maintain Miller swimming pool between June 18 through August 4, 2001, in accordance with the terms and conditions of this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima 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 2001, 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 2001. ADOPTED BY THE CITY COUNCIL this 5th day of June, 2001. ATTEST: City Clerk (lk)res/Parks Miller Pool YMCA 2001.pm MILLER PARK POOL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YMCA This Pool Operation and Maintenance Agreement, hereinafter "Agreement," is made and entered into this of /°'day of Jcw6 , 2001, by and between the City of Yakima, a Washington State municipal corporation, hereinafter the "City," and the Young Men's Christian Association, a non-profit organization, hereinafter "YMCA." WHEREAS, the City needs assistance in operating and maintaining the public swimming pool at Miller Park; and WHEREAS, the YMCA has the experience and expertise necessary to provide said services, and YMCA is willing to operate and maintain Miller swimming pool between June 18 through August 4, 2001, 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 18, 2000. ii. Have a pool maintenance specialist visit said pool on a daily basis between June 18 through August 4, 2001, in order to cheek the water quality and perform necessary water quality tests. iii. Be responsible for all necessary repairs and improvements to said pool and facilities except to the extent that such repairs and improvements are necessary due to the negligence of YMCA, its officers, employees, agents, or volunteers. b. YMCA shall: Operate and generally maintain the public swimming pool and corresponding facilities at Miller Park, Yakima, Washington, from June 18 through August 4, 2001. Such maintenance shall include, but not be limited to, daily Page 1 of 6 (1k)agr/Parks Miller Pool YMCA 2001. pm 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. Determine the days and hours that the facilities and pool shall be open to the public between June 18 through August 4, 2000. iii. 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. iv. 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 2000. v. 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, 2001. At the time of termination and upon vacation of the premises by YMCA, YMCA shall be responsible for the costs of any repairs, improvements 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 but subject to the conditions contained herein, the YMCA shall be entitled to retain revenues received from users of the Miller Park Pool during the term of this Agreement. The City also agrees to reimburse the YMCA for its expenditures related to staffing the Miller Park Pool for the 2001 season. At the end of the swimming season, the YMCA shall provide the City with an invoice documenting its expenditures. The amount of reimbursement from the City to the YMCA for said expenditures shall not exceed Twelve Thousand Three Hundred and Eleven Dollars ($12,311.00). Any reimbursement from the City to the YMCA for expenditures shall be offset by the following: a. Donations received by the YMCA for operation and use of the Miller Park Pool. In the event that such donations exceed the YMCA's expenditures for staffing the Miller Park Pool during the Page 2 of 6 (lk)agr/Parks Miller Pool YMCA 2001.pm term of this Agreement, the YMCA shall remit said excess donations to the City for the City's expenditures related to preparation, maintenance, and operation of the Miller Park Pool. b. Revenue received by the YMCA during the term of this Agreement from users of the Pool is subject to the following: The City projects that the YMCA shall receive Seven Thousand Six Hundred and Ten Dollars ($7,610.00) in revenue for use of the Pool during the term of this Agreement. This amount has been already deducted from the YMCA's expected staffing expenditures of Nineteen Thousand Eight Hundred and Twenty One Dollars ($19,821.00) for operation of the Pool. ii. In the event that the YMCA receives more than Seven Thousand Six Hundred and Ten Dollars ($7,610.00) in revenue for use of the Pool during the term of this Agreement but less than Eight Thousand Dollars ($8,000.00), said additional revenue shall offset the reimbursement from the City. In the event that the YMCA receives more than Eight Thousand Dollars ($8,000.00) in revenue for use of the Pool during the term of this Agreement, one-half of said additional revenue shall offset the reimbursement from the City and the remaining additional revenue shall be provided by the YMCA to the City for the City's expenditures related to preparation, maintenance, and operation of the Miller Park Pool. c. In the event that said donations and revenues received by the YMCA exceed the YMCA's expenditures for staffing the Miller Park Pool during the term of this Agreement, the YMCA shall remit said excess donations and revenues to the City for the City's expenditures related to preparation, maintenance, and operation of the Miller Park Pool. 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 (no "out of order" signs shall be placed on them by YMCA). (,tom. (e%,, o./ Cou-frr,cr AKA c e r�3 , t'). **(4kd, Page 3 of 6 (Ik)agr/Parks Miller Pool YMCA 2001 pm b. 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 4, 2001, 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, 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 Page 4 of 6 (1k)agr/Parks Miller Pool YMCA 2001 pm 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 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 Page 5 of 6 (lk)agr/Pa.ks Miller Pool YMCA 2001 pm 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: TO CITY: Page 6 of 6 (lk)agr/Parks Miller Pool YMCA 2001.pm Denise Nichols, Manager, Parks & Recreation Division City of Yakima Public Works 2301 Fruitvale Boulevard Yakima, WA 98902 TO YMCA: `fD..fh / sb-erry rvi ,S" N A/4. is m-. yaka:;4' a tv,4 9 x'70/ 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 Dick Zais, City Manager ATTEST: City Contract No. 2001-67 Resolution No. R-2001-92 Page 7 of 6 (1k)agr/Parke Miller Pool YMCA 2001.pm YOUNG MEN'S CI-IRISTTAN ASSOCIATION By: Its: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of June 5, 2001 ITEM TITLE: Agreement with the YMCA to operate Miller Pool for the 2001 season. SUBMITTED BY: Chris Waarvick, Public Works Director Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 Debbie Wadleigh, 575-6102 SUMMARY EXPLANATION: The City of Yakima and the YMCA have agreed that the YMCA will staff, operate and maintain Miller Pool for its summer of 2001 operation. In accordance with this agreement the city agrees to reimburse the YMCA for staffing expenditures not covered by community donations and revenue. The City Of Yakima will cover utility and maintenance expenses for Miller Pool and the YMCA will be providing staffing and related costs up to approximately $13,000. Resolution X Ordinance Other (Specify)Agreement Contract Mail to (name and address :Terry Raspeberry, YMCA, 5 N Naches Ave, Yakima, WA 98901 Phone:248-1202 Funding Source Parks, azc Recreation Budget APPROVED FOR SUBMITTAL: Manager City STAFF RECOMMENDATION: Staff respectively requests approval of the attached resolution and agreement for the YMCA to operate Miller Pool for the 2001 summer season. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: