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HomeMy WebLinkAboutR-1996-114 WMCA Swim Team Pool RentalRESOLUTION NO. R-96-114 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the YMCA Swim Team for pool rental. WHEREAS, the YMCA Swim Team (YST) offer competitive swimming to youngsters up to age 18; and WHEREAS, YST 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 YST 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 YST 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 YMCA Swim Team for the 1996-2000 Season." ADOPTED BY THE CITY COUNCIL this 3rd day of September 1996. A11'EST: Lynn Buchanan, Mayor City Clerk AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA YMCA SWIM TEAM FOR THE 1996-2000 SEASON THIS AGREEMENT is made and entered into this 1' day of �e , 1996, by and between the City of Yakima, a Washington municipal corporation, hereinafter the "City," and the YMCA Swim Team, a Washington non-profit corporation, hereinafter "YST." WHEREAS, YST offers competitive swimming to youngsters up to age 18. WHEREAS, YST 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 YST 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 YST 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 YST. If more than one (1) lifeguard is necessary for the swim activities and meets of YST, then a fee of Ten Dollars ($10.00) per additional lifeguard per hour shall be assessed to YST. 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. YST. YST shall: Page 1of6 Schedule workout hours with the City's Aquatics Supervisor. In the event YST changes its schedule without giving thirty (30) days notice to the City's Aquatic Supervisor, YST 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. iii. Give the City's Aquatic Supervisor thirty (30) days written notice of cancellation of any swim meet. In the event YST fails to give such notice of cancellation, YST 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 YST, YST shall pay the City the actual cost of repair and cleaning. If cleaning takes longer than one (1) hour, YST 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 2. Consideration. As consideration for the services specified in this Agreement, YST 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. u. 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 YST Treasurer after each event. YST shall provide to the City the name and address of its Treasurer upon commencement of this Agreement. YST 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 YST or vendors representing YST 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 YST). b. The location of the concession shall be in an area approved by the Aquatic Supervisor. Page 3 of 6 (1.)a.r/ThCA mutat c. For food concessions, proper food handling permits shall be posted. d. No glass containers are permitted. e. YST shall provide extra trash containers. 5. Status of YST. YST and the City understand and expressly agree that YST is an independent contractor in the performance of each and every part of this Agreement. YST 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. YST 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, YST shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, YST 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. S. Compliance With Law. YST 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 YST and/or its employees. 10. Indemnification and Hold Harmless. YST 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 YST's performance and/or non-performance of this Agreement. 11. Insurance. YST 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 4 of 6 (2.).prMr-A snamtaaa.r. 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 YST 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 YST stated herein. 13. Termination. Either the City of YST 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 YST. 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 YST: 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 Il.l.ci/YMG ...Lwe-P 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 YAKIMA YMCA SWIM TEAM By:�,, Dick Zais, City Manager ATTEST: City Clerk 943/9 6 City Contract No. R-q(P-1/L-/- STATE OF WASHINGTON ) :ss. County of Yakima By: �. Its: I certify that I know or have satisfactory evidence that vd;' A-_ _ i� is the person who appeared before me, and said p ,son acknowledged that - 'she signed this instrument, on oath stated tha(he she was authorized to execute the instrument and acknowledged it as the 1 716--A;7- of YMCA 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 instrument. DATED: /0 /1,--q6, NOTARY PUBLIC STATE OF WASHINGTON CRULL My Appointment Expires MAR 9, 1997 Page 6 of 6 (1.)apr/nCA mtw.,a NOTARY PUBLIC in and for the State,pf Washington, residing at f d /-2_ Mye mmission expires: 3--(; (/7. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -6 For Meeting of c' ( 3/9 t' ITEM 1'1'1'LE: Rental Agreement with Yakima YMCA Swim Team SUBMITTED BY: Jerry Copeland, Director of Public Works John C. Williamson, Parks & Recreation Manager CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: John C. Williamson Parks & Recreation Manager 575-6020 Attached for Council review is the 1996-2000 Agreement between the City of Yakima and the Yakima YMCA. 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 yOrdinance — 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-96-114