HomeMy WebLinkAboutR-2002-071 2002 YMCA Agreement - Miller PoolRESOLUTION NO. R-2002-71
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
agreement between the City of Yakima and the Young Men's
Christian Association for the operation and maintenance of the
public swimming pool at Miller Park during the summer of 2002.
WHEREAS, the City needs assistance in operating and maintaining the public
swimming pool at Miller Park; and
WHEREAS, the YMCA has the experience and expertise necessary to provide
said services, and YMCA is willing to operate and maintain Miller swimming pool
between July 1 through August 10, 2002, in accordance with the terms and conditions
of this Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize execution of a contract with the Young Men's Christian
Association for the operation and maintenance of the swimming pool at Miller Park
during the summer of 2002, 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 "Miller Park Pool Agreement" between the City of Yakima and the Young
Men's Christian Association for the operation and maintenance of the swimming pool
at Miller Park during the summer of 2002.
ADOPTED BY THE CITY COUNCIL this 18th day of June, 2002.
ATTEST: Ma lace, Mayor
City Clerk
(lk)res/Parks Miller Pool YMCA 2002.pm
MILLER PARK POOL AGREEMENT
BETWEEN THE CITY OF YAKIMA AND THE YAKIMA FAMILY YMCA
This Pool Operation and Maintenance Agreement, hereinafter "Agreement," is made
and entered into this day of June, 2002, by and between the City of Yakima, a Washington
State municipal corporation, hereinafter the "City," and the Yakima Family YMCA, a non-profit
organization, hereinafter "YMCA."
WHEREAS, due to budget constraints the City of Yakima is unable to fund the
operation and maintenance of the public swimming pool at Miller Park during calendar year
2002.
WHEREAS, YMCA is willing to operate and maintain said swimming pool between
July 1 through August 10, 2002, 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 YMCA as follows:
1. Scope of Services.
a. City of Yakima. The City shall:
i. Prepare the Miller Park pool and corresponding facilities for
initial opening on July 1, 2002.
ii. Have a pool maintenance specialist visit said pool on a Monday -
Friday basis between July 1 through August 10, 2002, in order to
check the water quality and perform necessary water quality tests.
iii. Be responsible for all necessary repairs and improvements to said
pool and facilities except to the extent that such repairs and
improvements are necessary due to the negligence of YMCA, its
officers, employees, agents, or volunteers.
b. YMCA shall:
i. Operate and generally maintain the public swimming pool and
corresponding facilities at Miller Park, Yakima, Washington, from
July 1 through August 10, 2002. Such maintenance shall include,
but not be limited to, daily cleaning and disinfecting of the
restrooms and locker rooms, daily cleaning and chemical
treatment (if necessary) of the pool, and daily clean up of litter at
the pool and facilities.
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ii. Be responsible for providing all necessary material and supplies
(i.e., chemicals, toilet paper, paper towels, soap) associated with
said operation and daily maintenance.
iii. Be responsible for all costs associated with the daily maintenance
and operation of the pool and corresponding facilities.
iv. Determine the days and hours that the facilities and pool shall be
open to the public between July 1 through August 10, 2002.
v. Provide all necessary personnel to operate and maintain the pool
and facilities during said time period, including, but not limited
to, providing at least one (1) lifeguard at the facility during all
times that the pool is open and available for use by the public.
vi. Collect all required fees from users of the pool facilities. The rate
of the pool use fees shall be maintained at the same level as was
set forth by the City Council as adopted within the 2002 Parks and
Recreation fee ordinance.
vii. At the conclusion of this Agreement but no later than October 1,
2002, the Yakima Family YMCA will provide to the Aquatic
Supervisor a season report to include attendance information and
expenditures and revenues for operation of Miller Pool
viii. At the termination of this Agreement, YMCA shall leave the City's
pool facility and general pool area in the same condition as it was
when YMCA initiated its operation and maintenance of the pool
on July 1, 2002. At the time of termination and upon vacation of
the premises by YMCA, YMCA shall be responsible for the costs
of any repairs, improvements or cleaning that the City determines
is necessary due to the negligence of YMCA, its officers,
employees, agents, or volunteers.
2. Consideration. As consideration for operating and maintaining the pool and
corresponding facilities in accordance with the terms and conditions of this Agreement, the
YMCA shall be entitled to retain all revenues received from users of the pool between July 1
through August 10, 2002.
3. Concessions. As additional consideration for the services provided under this
Agreement, the YMCA shall also be allowed to operate concessions at the pool facilities 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 YMCA).
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b. The location of the concession shall be in an area approved by the City
Aquatic Supervisor.
c. For food concessions, proper food handling permits shall be posted.
d. No glass containers are permitted.
4. Term. The term of this Agreement shall commence upon execution hereof and
terminate at midnight of August 10, 2002, unless sooner terminated by either party in
accordance with Section 17 of this Agreement.
5. Independent Contractor Status of YMCA. YMCA and the City understand and
expressly agree that YMCA is an independent contractor in the performance of each and every
part of this Agreement. YMCA, 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, YMCA 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 YMCA or any officer,
employee or agent of YMCA and the City.
6. Taxes and Assessments. YMCA 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 insurance, 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, YMCA shall pay the same before it before it
becomes due.
7. Nondiscrimination Provision. During the performance of this Agreement, YMCA 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 the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff, or termination, rates of pay or other forms of compensation, selection for
training, and the provisions of services under this Agreement.
8. The Americans With Disabilities Act. YMCA 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.
9. Compliance With Law. YMCA agrees to perform all 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.
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10. No Insurance. It is understood the City does not maintain liability insurance for
YMCA, its directors, officers, employees, representatives, agents, or volunteers.
11. Indemnification and Hold Harmless.
a. YMCA 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 attorneys' fees and disbursements) caused by or occurring by reason of any
negligent act and/or omission of YMCA, its directors, officers, employees, agents, and/or
volunteers arising out of or in connection with the performance or nonperformance of the
services, duties, and obligations required under this Agreement.
b. In the event both the City and YMCA are negligent, YMCA'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 YMCA, 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.
12. Liability Insurance. 011 or before the date this Agreement is fully executed by the
parties, YMCA shall provide the City with a certificate of insurance as proof of liability
insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) 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 (any statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted). Said policy
shall be in effect for the duration of this Agreement. The policy shall name the City, its officers,
elected officials, 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.
13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by YMCA 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 YMCA stated
herein.
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.
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15. Integration. This written document constitutes the entire agreement between the City
and YMCA. 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. Non -Waiver. The waiver by the City or YMCA 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.
17. Termination. Either the City or YMCA may terminate this Agreement, with or without
cause, by giving the other party ten (10) days written notice of termination.
18. 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 YMCA:
Denise Nichols,
Manager, Parks & Recreation Division
City of Yakima Public Works
2301 Fruitvale Boulevard
Yakima, WA 98902
Yakima Family YMCA
5 North Naches Avenue
Yakima, WA 98901
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.
19. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
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20. 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 Manager
ATTEST:
YAKIMA FAMILY YMCA
By:
Its: % L- t7L`'
City Clerk•
Co,1--02
City Contract No. 2002-50
Resolution No. R-2002-71
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2002 MILLER POOL AGREEMENT
ATTACHMENT "A"
The Yakima Family YMCA will reimburse at cost, the city at the end of the 2002 season
for the chemical supply cost incurred through their six-week operation of Miller Pool.
Known City costs are as follows:
Liquid Chlorine: Vendor: General Supply
$78.53 per drum
$40 deposit per drum,
$35 refundable upon return of empty, rinsed drum
Taxable 7.9%
CO2:
Vendor: Oxarc
$10.47 per cylinder
Taxable 7.6%
$3.71 per cylinder per month
$8 compliance
Taxable 7.6%
The following chemicals have been purchased and will be billed on actual usage at the
end of the swim season.
Sodium Bicarbonate
501b. bags
$12.34 / bag
Taxable 7.9%
Calcium Chloride
501b. bags
$10.70 / bag
Taxable 7.9%
Cyanuric Acid
1001b. drum
$118 / drum
Taxable 8%
Utilities: The City will bill the YMCA for Utility expenses for the operation of Miller
Pool for the 2002 season. (2001 actual costs are provided for estimates only.)
2001 Actual
Cascade Natural Gas $2,999
Pacific Power and Light $2,003
City of Yakima Water $1,033
City of Yakima Sewer $2,178
Telephone $696
The Operational Permit has already been paid and the permit will be posted at the pool.
The YMCA operator's will need to comply with all health department requirements
during the six -weeks of operation.
Attachment "B"
1. All revenue received will be used to offset the operational costs.
2. The YMCA will be the recipient of all donations from the public. These funds
will be used to offset the costs incurred through this season's operation.
3. If donations fall short of operational costs the YMCA will be responsible for
covering the shortage.
BUSINESS OF THE CITY COUNCIL
Y 11 ' WASHINGTON
AGE
A STATE 1 NT
Item No.
For Meeting of June 18, 2002
ITEM TITLE: A Resolution Authorizing Execution of an Agreement
'th the Ya::« a i CA to Operate Miller Pool for the
2002 Season
SUBMITTED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks 86 Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 576-6416
SUMMARY EXPLANATION:
City Council is respectfully requested to consider the attached resolution
authorizing the execution of an agreement with Yakima YMCA to operate Miller Pool
for the 2002 season.
The following chronology of events is helpful in bringing this matter before Council
for its deliberation and action: (1) The 2002 Budget contained a Policy Issue for the
Aquatics program in Parks and Recreation which defmed a problem with
Washington Pool boiler; (2) Staff returned to Council on April 11, 2002 with a
comprehensive report on pools through the venue of a Study Session; (3) On May 7,
2002, staff returned to Council on the issue of pool programs and received direction
(Continued ...)
Resolution X Ordinance Other (Specify) Agreement. Minutes
Contract X Mail to (name and address): Please Provide documents to Parks & Recreation for
execution.
Funding Source: Local Donations Routed to the YMCA
APPROVED FOR SUBMITTAL:
Phone:
- 25 000 asirox
City Manager
STAFF RECOMMENDATION: Staff respectfully requests Council to deliberate, if
necessary, and provide a decision on the attached resolution authorizing the YMCA
to operate Miller Pool for the 2002 season.
BO '/COMMISSION RECOMMENDATION: The Parks and Recreation Commission,
at their June 10 meeting, discussed the Miller Pool opportunity to open with private
donations and supports the YMCA providing this service to the public.
COUNCIL ACTION: Resolution adopted. RESOLUTION 0. R-2002-71
Miller Pool
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to close Miller Pool for the 2002 season and replace the Washington Pool boiler with
the savings from not opening Miller Pool for the 2002 season; (4) On May 21, 2002
staff returned to Council for a procurement waiver to ensure that Washington Pool
would be repaired in time for the summer season; and (5) On June 5, 2002, select
members of City Council met with citizens concerned over the closure of Miller Pool
for the 2002 season. City staff and Parks and Recreation Commission members
where also present to participate in the discussion as appropriate to Councilman
Bernie Sims' need for information and assistance -- since he called for and chaired
the meeting.
The June 5th meeting concluded with the following items: (1) A short term solution
to opening Miller Pool for the 2002 season was arrived at by the cash flow guarantee
of $25,000 by two anonymous citizens followed by community solicitation of the
same amount to fund the operation of the pool by the YMCA; (2) A committee is to
be formed to investigate the long-term feasibility of constructing a regional aquatics
center and mothballing of redundant or antiquated facilities; and (3) This same
committee will investigate the feasibility of transferring ownership and operation of
the City's pools to an independent 501 C 3 organization to distance the pool
programs from budget curtailments the City may be required to impose due to
economic constraints.
Implementing Item (1) from those items listed above requires City Council approval
of the attached resolution.
Staff appreciates the sentiment and opportunity to provide Miller Pool for the 2002
season but concurs with the concerned citizens, the YMCA, and the Parks and
Recreation Commission, that this is a short -tell!' solution.
MS/agenda
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MILLER POOL MEETING MINUTES
Wednesday, June 5, 2002--9:00 a.m.
Community and Economic Development Conference Room
City Hall
Attendees: City of Yakima—Bernie Sims, Larry Mattson, Lynn Buchanan, Chris
Waarvick, Glenn Rice, Debbie Wadleigh, Deborah Moore; YMCA—Terry
Rasberry, Ester Huey, Otis Harlan, Greta Bryan, Denise Landis; Parks
Commission—Mike Nixon, Bob Busse, Phil Hoge, Jacqueline Meyer, Rod Bryant;
Media—Wes Nelson; Interested Citizens—Maud Scott, Lynn Kittelson, Al
DeAtley, Rosemary Small
City Council Member Bernie Sims called the meeting to order at 9:05 and gave a
brief overview of the purpose of the meeting. He stated that YMCA volunteers
had asked him to schedule a meeting with City officials and YMCA volunteers to
consider options for opening Miller Pool for the 2002 summer season. After
distributing background information on the City's Aquatic Program, Bernie asked
each attendee to state their name, who they represented and what their goal was
in attending the meeting.
The general consensus of the group was that the short-term goal was to find a
way to open Miller Pool this summer, but also to look at a long-term solution for
the continuing problems with the City's aquatic program. Ester Huey stated that
she was interested in making sure that all children have an equal opportunity to
swim at a neighborhood pool, and there is no disparate treatment of any child by
closing a pool in a particular area because of lack of funds. Other attendees
emphasized the health and safety benefits derived from swimming that should be
available to everyone by operating neighborhood pools.
Al DeAtley suggested researching privatizing the operation of all city pools as
there were more funding mechanisms available, i.e. 501C3, Americorps, etc. He
also asked why there were different fees charged at different pool locations. The
response was that the Council decided to charge a lower fee at one pool in the
community so that underprivileged children would have an opportunity to swim
without experiencing an economic burden.
Members of the Parks Commission commented that they had studied the cost of
repairing Miller pool and possibly an alternative recreation program at Miller Park
could be implemented to replace the pool. A public meeting is scheduled on
June 20 at 6:00 p.m. at the Senior Center to discuss options for Miller Park.
Miller Pool Mtg. Minutes
6/13/2002
Page 1
Bob Busse asked how much money it would take to open Miller Pool for this
season. After some discussion on necessary personnel, hours of operation and
length of season, it was concluded the total needed was $25,000.
In response to the question about whether the pool was able to be opened in its
current condition, Debbie Wadleigh stated that the bottom of Miller Pool currently
has approximately a "1/4" lift from winter expansion. However, she believed it
could be opened without making any repairs. She estimated three weeks to
prepare the pool for opening.
Upon making the decision to open Miller Pool for this season, the YMCA offered
again to operate the program if the community could raise the necessary money
to support the cost. It is anticipated that the YMCA will be setting the fee amount
for use of the pool, since they are in control of the operation. The decision was
made to establish a 7 -hour day, six-week season, and then reduce hours to part
time for the month of August for the 2002 season.
Two local citizens agreed to underwrite $12,500 each, under the conditions that
volunteers raise as much of the $25,000 as possible and that Ester Huey agree
to chair the fund-raising effort. Ester agreed to chair and Bernie Sims will co-
chair the fund-raising committee. Lynn Kittelson thought that the Northeast
Neighborhood Association could possibly raise $5,000. All contributions should
be sent to the YMCA to be held in trust.
Discussion followed concerning the long-range goal for Miller Pool, as well as all
other neighborhood pools and the prospect of creating an aquatic center. Bernie
Sims proposed that the same group of people attending this meeting work
together on a long-term solution. Ester Huey suggested that the effort be
coordinated with "For a Better Tomorrow." Debbie Wadleigh gave a brief
overview of the possibilities for an aquatic center, and stressed the importance of
finding out what the community wants before any plans are made. Chris
Waarvick stated the City is beginning the Parks Master Plan at Kiwanis Park,
which would include the replacement of ball fields that were removed at Larson
Park for the expansion of YVCC and a skate park. He said an aquatics center is
not currently in the plan and it is improbable whether it would fit on the expanded
Kiwanis Park property.
At the conclusion of the meeting, Glenn Rice shared briefly what the City Council
is facing economically for the next five years. He presented several graphs
showing Yakima's current economic condition in relation to the rest of the state.
The meeting adjourned at 10:20 a.m.
Miller Pool Mtg. Minutes
6/13/2002
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