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HomeMy WebLinkAboutR-2008-043 Pool Use Agreement - Yakima HMARESOLUTION NO. R-2008-43 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a pool use agreement between the City of Yakima and Yakima HMA, Inc., d/b/a/ Yakima Regional Medical and Heart Center regarding the use of City pools for an Aquatics Therapy Program. WHEREAS, the City owns and operates public swimmingpools that include pool equipment, lifeguard services, and locker rooms; and WHEREAS, Yakima Regional is a healthcare provider in Yakima and provides health care services, including an aquatic therapy program through its Outpatient Physical Therapy Department; and WHEREAS, Yakima Regional desires to utilize City swimming pools and facilities to conduct aquatic therapy as part of its physical therapy program; and WHEREAS, the City is willing to allow such use of its swimming pools in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached Pool Use Agreement with Yakima HMA, Inc., d/b/a Yakima Regional Medical and Heart Center, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Pool Use Agreement Between the City of Yakima and Yakima HMA, Inc." regarding the use of City pools for an Aquatics Therapy Program. ADOPTED BY THE CITY COUNCIL this 4th day of March 2008. City Clerk David Edler, Mayor , 208 y3 POOL USE AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA HMA, INC. THIS POOL USE AGREEMENT, hereinafter "Agreement," is made and entered into by and between the City of Yakima, a Washington State municipal corporation, hereinafter the "City," and Yakima HMA, Inc., d/b/a Yakima Regional Medical and Cardiac Center, hereinafter "Yakima Regional." WHEREAS, the City owns and operates a public swimming pool that include pool equipment, lifeguard services, and locker rooms. WHEREAS, Yakima Regional is a healthcare provider in Yakima and provides health care services, including aquatic therapy through its Outpatient Physical Therapy Department ("Aquatic Program"). WHEREAS, Yakima Regional desires to utilize a City swimming pool to conduct aquatic therapy as part of its physical therapy program. WHEREAS, the City is willing to allow such use of its swimming pools 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 Yakima Regional as follows: 1. Scope of Services. a. City of Yakima. The City shall: i. Provide locker room and shower facilities for use by Yakima Regional's aquatic therapy participants. ii. Provide lifeguard services when Yakima Regional is conducting its aquatic therapy program at a City swimming pool. iii. Provide lift equipment for swimming pool entry and exit by disabled participants in Yakima Regional's aquatic therapy program. iv. Provide storage for Yakima Regional's swim belts that are utilized in its aquatic therapy program. v. Provide aquatic therapy participants with access to a swimming pool at no extra charge. vi. Provide Yakima Regional with access to a swimming pool and necessary swim lanes at mutually agreed times. 1 b. Yakima Regional. Yakima Regional shall: i. Ensure that its personnel are properly trained and that they adhere to all rules, procedures and policies concerning the City's swimming pools and related equipment. ii. Ensure that aquatic therapy participants are properly trained and that they adhere to all rules, procedures and policies concerning the City's swimming pools and related equipment. iv. Provide the designated City representative with reasonable prior notice of when Yakima Regional desires to use a swim pool and swim lanes for its aquatic therapy program. v. Notify aquatic therapy participants of available aquatic therapy times. vi. Provide qualified and trained on-site staff supervision during all times that City swimming pools and facilities are being used for Yakima Regional's aquatic therapy program. Such on-site supervision shall include, at a minimum, a ratio of one (1) Yakima Regional supervisor to each ten (10) participants. vii. Comply with all other terms and conditions of this Agreement. 2. Consideration. In consideration for use of the City's swimming pools and corresponding facilities in accordance with the terms and conditions of this Agreement, Yakima Regional shall pay the City the sum of Eleven Dollars ($11.00) per lane per hour plus tax for shallow end usage, and Five Dollars ($5.00) per lane per hour plus tax for deep end usage. Payment shall be based on lanes reserved by Yakima Regional's Aquatic Program coordinator for the aquatic therapy program and not on actual lane usage. The City may, at its option, annually review and adjust pool use fees. The City shall bill Yakima Regional on a quarterly basis for pool and lane usage. Yakima Regional shall make payments to the City within thirty (30) days of receipt of an invoice from the City. 3. Term. The term of this Agreement shall be for a term of five (5) years beginning January 1, 2008, and ending at midnight on. December 31, 2013, at which point it will automatically renew for successive twelve (12) month terms, unless earlier terminated by either party in accordance with Section 14 of this Agreement. The City may, at its option, annually review and adjust pool use fees. 4. Nondiscrimination Provision. During the performance of this Agreement, Yakima Regional 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 Yakima Regional's use of the City swimming pools and related facilities for its aquatic therapy program. 2 5. The Americans With Disabilities Act. Yakima Regional 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. Such compliance shall include but not be limited to Yakima Regional's use of the City swimming pools and related facilities for its aquatic therapy program under this Agreement. 6. Compliance with Law. Yakima Regional agrees to use the City swimming pools and related facilities for its aquatic therapy program 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. 7. No Insurance. It is understood the City does not maintain liability insurance for Yakima Regional, its directors, officers, employees, representatives, agents, or volunteers. 8. Indemnification and Hold Harmless. a. Yakima Regional 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 reasonable attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/ or omission of Yakima Regional, its directors, officers, employees, agents, and/or volunteers arising out of or in connection with Yakima Regional's and its participants' use of the City swimming pools and related facilities for its aquatic therapy program under this Agreement. b. In the event both the City and Yakima Regional are negligent, Yakima Regional'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 Yakima Regional, 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. d. The provisions of this Section shall survive the termination or expiration of this Agreement. 9. Insurance Provided by Yakima Regional. a. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, Yakima Regional shall provide the City with a certificate of insurance as proof of liability insurance with a minimum liability limit of Five Million Dollars ($5,000,000.00) 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. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its officers, elected officials, agents, and 3 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. 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. b. Professional Liability Insurance. Yakima Regional shall maintain professional liability insurance with minimum liability limits of Five Million Dollars ($5,000,000.00) per occurrence and Nine Million Dollars ($9,000,000.00) in the aggregate. Yakima Regional shall maintain this coverage, and tail coverage if necessary, for all claims arising during the term of this Agreement and during all applicable statute of limitations for such claims. On or before the date this Agreement is fully executed by the parties, Yakima Regional shall provide the City with a certificate of insurance evidencing the coverage required by this section. c. Industrial Insurance. Yakima Regional shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, Yakima Regional shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. 10. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by Yakima Regional 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 Yakima Regional stated herein. 11. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. c. Should the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 12. Non -Waiver. The waiver by the City or Yakima Regional 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. 13. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or 4 other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 14. Termination. Either the City or Yakima Regional may terminate this Agreement, with or without cause, by giving the other party thirty (30) days' prior written notice of termination. 15. 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: TO YAKIMA REGIONAL: Denise Nichols, Manager Parks & Recreation Division City of Yakima Public Works 2301 Fruitvale Boulevard Yakima, WA 98902 Monte Bostwick, CEO Yakima Regional Medical & Cardiac Center 110 South Ninth Avenue Yakima, WA 98902 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. 16. Integration. This written document constitutes the entire agreement between the City and Yakima Regional. 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. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 5 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 19. Addendums. If, at any reason, this agreement needs to be modified after execution, both parties agree that it is permissible to execute addendums to modify. Addendums shall require signatures from both parties agreeing to the addended terms in order for an addendum to be considered valid. CITY OF YAKIMA YAKIMA HMA, INC., d/b/a YAKIMA REGIONAL MEDICAL & CARDIAC CENTER By: By: Dick ty Manager Monte Bos ick, CEO Date: 3 ! / JU Q Date: /2c ATTEST: 11146,4,910.,, City Clerk City Contract No. Z 008 - 413 City Resolution No. /e - 1008 - 43 SFALti rte, Qin ,c0 yHiNG 6 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4`/`f' For Meeting of March 4, 2008 ITEM TITLE: A Resolution authorizing execution of a Pool Use Agreement with Yakima HMA, Inc., d/b/a Yakima Regional Medical and Heart Center for its "Aquatics Therapy Program." SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of a resolution authorizing the execution of a Pool Use Agreement between the City of Yakima and Yakima HMA, Inc., a/k/a Yakima Regional Medical and Heart Center for its "Aquatic Therapy Program." Under the terms of this agreement City swimming pool facilities will be available for Yakima Regional to use to conduct aquatic therapy as part of its physical therapy program. This is a Parks and Recreation Pool Rental Revenue program. Resolution X Ordinance Other (Specify) Agreement Contract X Mail to (name and address): Monte Bostwick, CEO; Yakima Regional Medical & Cardiac Center; 110 South Ninth Avenue, Yakima, WA 98902 Funding Source: Parks and Recreation Pool Rental Revenue APPROVED FOR SUBMITTAL: t City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council adoption of the attached Resolution authorizing execution of a Pool Use Agreement between the City of Yakima and Yakima HMA, Inc. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Agenda-Statemt-Yakima Regional Pool Use2008.rtf