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Home My WebLink AboutR-1996-113 Pool Rental at the Yakima Athletic ClubRESOLUTION NO. R-96- 113 A RESOLUTION authorizing and directing the City Manager and City Clerk 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 and City Clerk are 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 1996-2000 Season." ADOPTED BY THE CITY COUNCIL this 3rd day of September 1996. ATTEST: City Clerk [lslres YA: s:-cmn ynn Buchanan, Mayor AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA ATHLETIC CLUB SWIM TEAM FOR THE 1996-2000 SEASON THIS AGREEMENT is made and entered into this 1 7 day of C c --i , 1996, 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: i. 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 Ten Dollars ($10.00) 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 6 nal .gr/YAC araC..s.P 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. 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. 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 Ten Dollars ($10.00) 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 6 (Is)Apr/YAC mmeAmm.P 2. Consideration. As consideration for the services specified in this Agreement, YACST agrees to compensate the City as follows: a. Workouts. i. Three Dollars ($3.00) per lane per hour when utilizing lap lanes of a designated facility. ii. One Dollar and Fifty Cents ($1.50) 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. Ten Dollars ($10.00) per hour if meet setup occurs at a time when the facility is not normally staffed. c. Swim Meets. i. One Hundred Dollars ($100.00) per full day (four (4) hours of pool use or more in one (1) day). ii. Fifty Dollars ($50.00) 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 on the 31st day of December, 2000. 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). b. The location of the concession shall be in an area approved by the Aquatic Supervisor. Page 3 of 6 (1.)407/1110 a.actis. pm 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. 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 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. 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 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, and selection for training 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. 10. Indemnification and Hold Harmless. YACST agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, 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) resulting from YACST's performance and/or non-performance of this Agreement. 11. Insurance. YACST shall carry a minimum of One Million Dollars ($1,000,000.00) comprehensive general liability insurance, naming the City, its elected officials, agents, officers, and employees, as named insured, which Page 4of6 (1.)pr/YAC .rt.s.p. policy shall provide bodily injury or property damage coverage arising from this Agreement. A copy of the insurance policy shall be attached to this Agreement and shall be approved by the City prior to the commencement of this Agreement. The policy shall provide not less than thirty (30) days written notice to the City of any cancellation, expiration, or non -renewal. 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 of 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. This written document constitutes the entire agreement between the City and YACST. 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. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO YACST: Aquatics Supervisor City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard 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. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Page 5 of 6 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. CITY OF YAKIMA By: Dick Zais, City anager Ai'i'EST: City Clerk `1 /..)- 3750 City Contract No. c h' - q o R -q c' l 13 STATE OF WASHINGTON ) :ss. County of Yakima YAKIMA ATHLETIC CLUB SWIM TEAM I certify that I know or have satisfactory evidence that r @ L is the person who appeared before me, and said pe oon acknowledged than she signed this instrument, on oath stated that tie..ls'he was authorized to execute the instrument and acknowledged it as the 16L 0,4A iRivOi!) of the Yakima Athletic Club Swim Team, a Washington non- profit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrume t. DATED: /0 " i " I w a a s as sa. a. a AA a a r 'R '.` m a e► .w 4 Page 6 of 6 NOTARY PUBLIC STATE OF WASHINGTON DIANE CRULL My Appointment Expires MAR 9, 1997 NOTARY PUBLIC in and for the State of V ashington, residing at 1 /r1 My dbmmission expires: '0 - 9 " I `� . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 oZtq- For Meeting of (3)3/c/6 rrhM 'Trl'LE: Rental Agreement with Yakima Athletic Club Swim Team SUBMITTED BY: Jerry Copeland, Director of Public Works , John C. Williamson, Parks & Recreation Manager CONTACT PERSON/TELEPHONE: John C. Williamson Parks & Recreation Manager 575-6020 SUMMARY EXPLANATION: Attached for Council review is the 1996-2000 Agreement between the City of Yakima and the Yakima Athletic Club. This agreement outlines the procedures, requirements and rental fees associated with the swim team's use of swimming facilities. Fees will be reviewed and adjusted annually. Resolution Ordinance _ Contract _ Other (Specify) Agreement Funding Source •- APPROVED FOR SUBMITTAL: - City Manager STAFF RECOMMENDATION: This agreement be approved BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-96-113