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HomeMy WebLinkAboutR-2001-151 Yakima Athletic Club Swim Team AgreementRESOLUTION NO. R-2001- 151 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the Yakima Athletic Club Swim Team for pool rental. WHEREAS, the Yakima Athletic Club Swim Team (YACST) offer competitive swimming to youngsters up to age 18; and WHEREAS, YACST owns no facilities and needs to rent pool time for daily workouts and swim meets from other public or private agencies; and WHEREAS, the City owns and operates such facilities which it agrees to make available to YACST under the terms of this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with YACST for pool rental, 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 "Agreement Between the City of Yakima and the Yakima Athletic Club Swim Team for the 2001-2002 Season." ADOPTED BY THE CITY COUNCIL this �O day of November , 2001. ATTEST: Mar ace, Mayor !� . J City Clerk (1k)res/YAC swmteam 2002.pm AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA ATHLETIC CLUB SWIM TEAM FOR THE 2001-- 2002 SEASON THIS AGREEMENT is made and entered into this ,91 day of Feb )ez) 2001, by and between the City of Yakima, a Washington municipal corporation, hereinafter the "City," and the Yakima Athletic Club Swim Team, a Washington non- profit corporation, hereinafter "YACST." WHEREAS, YACST offers competitive swimming to youngsters up to age 18. WHEREAS, YACST owns no facilities and needs to rent pool time for daily workouts and swim meets from other public or private agencies. WHEREAS, the City owns and operates such facilities which it agrees to make available to YACST under the terms 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 YACST as follows: 1. Scope of Services. a. City of Yakima. The City shall: Provide at least one (1) lifeguard at the facility during all use hours by YACST. If more than one (1) lifeguard is necessary for the swim activities and meets of YACST, then a fee of Fifteen Dollars ($15.00) per additional lifeguard per hour shall be assessed to YACST. ii. Provide supervision of entire area by one (1) City staff member at all times. iii. Provide starting blocks, lane lines, and backstroke flags. iv. Clean and disinfect locker rooms and lobby areas. v. Provide periodic pickup throughout each swim meet. b. YACST. YACST shall: i. Schedule workout hours with the City's Aquatics Supervisor. In the event YACST changes its schedule Page 1 of 7 (1k)ag/YAC swmteam 2002 pm without giving thirty (30) days notice to the City's Aquatic Supervisor, YACST shall pay for the time scheduled according to the rates established in Section 2 of this Agreement. a - ii. Make all swim meet requests to the City's Aquatics Supervisor in writing at least ninety (90) days in advance of each swim meet. iii. Give the City's Aquatic Supervisor thirty (30) days written notice of cancellation of any swim meet. In the event YACST fails to give such notice of cancellation, YACST shall pay for the time reserved according to the rates established in Section 2 of this Agreement. iv. Leave the City's pool facility and general pool area in the same condition as it was found. If the City must repair, replace or clean the facility because of any misuse by YACST, YACST shall pay the City the actual cost of repair and cleaning. If cleaning takes longer than one (1) hour, YACST shall pay Fifteen Dollars ($15.00) per hour per person for the additional time it takes to get the facility into proper condition. v. Except as specified above, provide all items necessary for meet operations (i.e., timing system, PA system, chairs, tables). vi. Assist with periodic cleanup of deck area, locker rooms, and grounds during each meet. vii. Thoroughly clean deck area and grounds after each meet. viii. Provide extra dumpster(s) when necessary. ix. Provide portable toilets and supplies when necessary (i.e., toilet paper). x. Assist with supervising shallow end warm-up area (swimmers during warm-ups only). xi. Assist in organizing swim teams. xii. Assist in keeping food and drink in upper deck areas. xiii. Assist in monitoring bath house area. Page 2 of 7 (1k)agr/YAC mwiteam 2002.pm 2. Consideration. As consideration for the services specified in this Agreement, YACST agrees to compensate the City as follows: a. Workouts. i. Four Dollars and Fifty Cents ($4.50) per lane per hour when utilizing lap lanes of a designated facility. ii. Two Dollars and Twenty -Five Cents ($2.25) per hour per block/lane when utilizing the starting blocks (when not connected to the lap lanes). b. Meet Setup. i. No additional charge if meet setup occurs at a time when facility is normally staffed. ii. Fifteen Dollars ($15.00) per hour if meet setup occurs at a time when the facility is not normally staffed. c. Swim Meets. i. One Hundred Eighty Dollars ($180.00) per full day (four (4) hours of pool use or more in one (1) day). ii. Ninety Dollars ($90.00) per day for less than four (4) hours of pool use in one (1) day. The City shall bill the YACST Treasurer after each event. YACST shall provide to the City the name and address of its Treasurer upon commencement of this Agreement. YACST shall pay fees to the Director of Finance and Budget at City Hall, 129 North 2nd Street, Yakima, Washington 98901, within fifteen (15) working days after the receipt of said billing from the City. The above fees will be reviewed and adjusted by the City on an annual basis. 3. Term. The term of this Agreement shall commence upon execution hereof and terminate at midnight, December 31, 2002. 4. Concessions. At the discretion of the City, concessions at swim meets by YACST or vendors representing YACST shall be allowed 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 YACST). Page 3 of 7 (Ik)ogr/YAC svmteam 2002.pm b. The location of the concession shall be in an area approved by the Aquatic Supervisor. c. For food concessions, proper food handling permits shall be posted. d. No glass containers are permitted. e. YACST shall provide extra trash containers. 5. Independent Contractor Status of YACST. YACST and the City understand and expressly agree that YACST is an independent contractor in the performance of each and every part of this Agreement. YACST, 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, YACST 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 YACST or any officer, employee or agent of YACST and the City. 6. Taxes and Assessments. YACST 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 injury, 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, YACST shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, YACST shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, 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 provision of services under this Agreement. 8. Compliance With Law. YACST agrees to perform those 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. 9. No Insurance. It is understood the City does not maintain liability insurance for YACST and/or its employees. Page 4 of 7 (1k)agr/YAC swm[eam 2002.pm 10. Indemnification and Hold Harmless. YACST shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever (including but not limited to attorney's fees and court costs) arising out of, relating to, or resulting from YACST performance or non-performance of the services, duties and obligations required of it under this Agreement. 11. Commercial Liability Insurance. On or before the effective date of this Agreement, YACST shall provide the City Parks & Recreation Manager with a certificate of insurance as proof of commercial liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, 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. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YACST 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 YACST stated herein. 13. Termination. Either the City or YACST may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. 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 and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 16. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. Page 5 of 7 (1k)xgr/YAC st mteam 2002 pm 17. 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: Aquatics Supervisor City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 TO YACST: -Tem P.0 ( r c-15-&1 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. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. 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 YAKIMA ATHLETIC CLUB SWIM TEAM By: Dick Zais, City Manager Date: //—q —4 P ATTEST: B vw Its: Date: Q 1 j2/ c� City Clerk City Contract No. 2001-119 Resolution No. R-2001-151 Page 6 of 7 pk)agr/YAC swmosem 2002.pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. '11-I For Meeting of November 6, 2001 ITEM TITLE: Legislation Authorizing Execution of Separate Agreements with the Yakima Athletic Club Swim Team and the YMCA Swim Team for Pool Rental during the 2001-2002 Season SUBMi1"1'FD 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: Staff respectfully requests Council consideration of the attached legislation authorizing execution of two agreements, one with the Yakima Athletic Club Swim Team and one with the YMCA Swim Team, both non-profit corporations. Under the terms of these agreements City swimming pool facilities will be available for competitive swimming opportunities for youngsters up to age 18 for daily workouts and swim meets for the 2001-2002 season. Resolution X Ordinance Other (Specify) Agreements Contract x Mail to (name and address) : Please Provide documents to Parks & Recreation for execution. Phone : Funding Source: Parks and Recreation APPROVED FOR SUBMITTAL : -a City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council adoption of the attached resolution authorizing execution of two separate agreements, one with Yakima Athletic Club Swim Team and one with the YMCA Swim Team for pool rental. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: