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:
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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.
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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.
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(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
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(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.
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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
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(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