HomeMy WebLinkAboutR-2003-014 2003 Yakima Athletic Club Swim Team AgreementRESOLUTION NO. R-2003- 14
A RESOLUTION authorizing and directing the City Manager 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 is 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 2003 Season."
ADOPTED BY THE CITY COUNCIL this 4th day of February, 2003.
ATI`EST:
City Clerk
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///74.,-C'e' /Zee_
Mc lace, Mayor
AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA ATHLETIC CLUB SWIM TEAM
FOR THE 2003 SEASON
THIS AGREEMENT is made and entered into this day of February, 2003,
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
Fifteen Dollars ($15.00) 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.
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.
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b. YACST. YACST shall:
Schedule workout hours with the City's Aquatics
Supervisor. In the event YACST changes its schedule
without giving (30) notice to the City's Aquatic
O V thirty days✓
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.
iii. Give the City's Aquatic Supervisor thirty (30) days written
notice of cancellation of any swim meet. In the event
YACST fait's 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)y hour,
YACST shall pay Fifteen Dollars ($15.00) 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).
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xi. Assist in organizing swim teams.
xii. Assist in keeping food and drink in upper deck areas.
xiii. Assist in monitoring bathhouse area.
2. Consideration. As consideration for the services specified in this Agreement,
YACST agrees to compensate the City as follows:
a. Workouts.
i. Four Dollars and Fifty Cents (54.50) per lane per hour when
utilizing lap lanes of a designated facility.
ii. Two Dollars and Twenty -Five Cents ($2.25) 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 Fifteen Dollars ($15.00) per hour if meet setup occurs at a
time when the facility is not normally staffed.
c. Swim Meets.
i. One Hundred Eighty Dollars ($180.00) per full day (four (4)
hours of pool use or more in one (1) day).
ii. Ninety Dollars ($90.00) 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 at midnight, December 31, 2003.
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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
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YACST).
b. The location of the concession shall be in an area approved by the
Aquatic Supervisor.
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. Independent Contractor 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, 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, 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 benefits. Nothing
contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between YACST or any officer, employee or agent of YACST and
the City.
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 in violation of any applicable federal, state and/or local
law or regulation on the basis of race, 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 provision of services
i�nrior +hie A nroomon+
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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 shall defend, indemnify, and
hold harmless the City, its elected officials, agents, officers, and employees from and
against all claims, causes of action, damages, losses, and expenses of any kind or nature
whatsoever (including but not limited to attorney's fees and court costs) arising out of,
relating to, or resulting from YACST performance or non-performance of the services,
duties and obligations required of it under this Agreement.
11. Commercial Liability Insurance. On or before the effective date of this
Agreement YACST shall provide the City Parks & Recreation Manager with a
certificate of insurance as proof of commercial liability insurance in the amount of One
Million Dollars ($1,000,000.00) that clearly states 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 elected officials, officers, 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.
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 or 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.
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15. Integration and Supersession. This Agreement sets forth all of the terms,
conditions, and agreements of the parties relative to the subject matter hereof and
supersedes any and all such former agreements which are hereby declared terminated
and of no further force and effect upon the execution and delivery hereof. There are no
terms_ conditions, or agreements with respect thereto, except as herein provided and no
amendment or modification of this Agreement shall be effective unless reduced to
writing and executed by the parties.
16. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
17. 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 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 or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at
the addresses specified above.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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19. 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, Ci
Date; ?-fO- 03
YAKIMA ATHLETIC CLUB
SWIM TEAM
By:
Its:
Date:
City Contract No. ,2DD.3- 0S
%?e5oJa 1i e,t) A-a?04.3 -1',
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. R
For Meeting of February 4, 2003
Legislation Authorizing Execution of Separate Agreements with
the Yakima Athletic Club Swim Team and the YMCA Swim Team
for Pool Rental during the 2003 Season
SUBM11'1'ED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020
Debbie Wadleigh, Aquatic Supervisor
SUMMARY EXPLANATION:
Staff respectfully requests Council consideration of the attached legislation authorizing
execution of two agreements, one with the Yakima Athletic Club Swim Team and one
with the YMCA Swim Team, both non-profit corporations.
Under the terms of these agreements City swimming pool facilities will be available for
competitive swimming opportunities for youngsters up to age 18 for daily workouts and
swim meets for the 2003 season.
Resolution X Ordinance Other (Specify) Agreements
Contract x Mail to (name and address) : Please Provide documents to Parks &
Recreation for execution. Phone :
Funding Source: Parks and Recreation
APPROVED FOR SUBMITTAL : ��, City Manager
STAFF RECOMMENDATION: Staff respectfully requests City Council adoption of the
attached legislation authorizing execution of two separate agreements for pool rental for
the 2003 season, one with Yakima Athletic Club Swim Team, and one with the YMCA
Swim Team.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-14 (Yakima Athletic Club)
Resolution adopted. RESOLUTION NO. R-2003-15 (YMCA)