HomeMy WebLinkAboutR-2004-001 Young Men’s Christian Association Agreement (YMCA)RESOLUTION NO. R-2004- 01
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 2004.
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 June 23
through August 14, 2004, in accordance with the terms and conditions of the attached
agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize execution of the attached agreement with the Young Men's Christian Association for
the operation and maintenance of the swimming pool at Miller Park during the summer of
2004, 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 2004.
ADOPTED BY THE CITY COUNCIL this 6th day of January , 2004.
ATTEST:
City Clerk
(lk)res/Parks Miller Pool YMCA 2004.5m
a L4 Mayor
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 January, 2004, 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, the City needs assistance in operating and maintaining the public
swimming pool at Miller Park during calendar year 2004.
WHEREAS, YMCA is willing to operate and maintain said swimming pool between
June 23 through August 14, 2004, 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 June 23, 2004.
ii. Have a Parks and Recreation employee visit said pool each day
prior to opening between June 23 through August 14, 2004, in
order to check the water quality and perform necessary water
quality tests.
iii. Provide rescue equipment in good working order necessary for
the operation of the pool.
iv. Supply an operating cash register and register tape for the pool
facilities.
v. Except as otherwise specified herein, provide pool and building
maintenance.
vi. Except as otherwise specified herein, be responsible for all costs
associated with the daily maintenance and operation of the pool,
including but not limited to pool chemicals, toilet paper, paper
towels, soap for soap dispensers, cleaning supplies, and utilities
(i.e., phone, water and electricity).
vii. Be responsible for all necessary repairs and improvements to said
pool except to the extent that such repairs and improvements are
necessary due to the negligence of YMCA, its officers, employees,
agents, or volunteers.
viii. Prepare pool for closure at the end of the season.
ix. Maintain open communication with YMCA representatives.
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b. YMCA. YMCA shall:
Operate in a safe and legal mariner and generally maintain the
public swimming pool at Miller Park, Yakima, Washington, from
June 23 through August 14, 2004. 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, daily clean up of litter at the
pool and facilities, taking chemical readings at least four times a
day, vacuuming the facilities at least once a week with a vacuum
provided by the City.
ii. Immediately report any pool and building problems to City
representatives.
iii. Document all accidents and incidents following YMCA
documentation procedures.
iv. Determine the days and hours that the facilities and pool shall be
open to the public between June 23 through August 14, 2004.
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; provided,
however, that as part of the consideration for operating the pool,
YMCA members may participate in "open swims" free of charge.
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 2004
Parks and Recreation fee ordinance. All monies collected for
"open swims" shall be provided to the City by September 7, 2004.
vii. At the conclusion of this Agreement but no later than October 1,
2004, 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 June 23, 2004. 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.
ix. Maintain open communications with City representatives.
2. Consideration. As consideration for operating and maintaining the pool and
corresponding facilities in accordance with the terms and conditions of this Agreement, the City
shall pay the YMCA the sum of $14,000 upon full execution of this Agreement, and the YMCA
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shall also be entitled to retain all revenues received for swim lessons and rental groups at the
pool between June 23 through August 14, 2004. In the event that this Agreement is terminated
by either party prior to August 14, 2004, YMCA shall return/remit to the City the pro rata
portion of the $14,000 reflecting the number of days the pool would have been open and
operational but for the termination.
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).
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 October 1, 2004, 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, compensation,
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 operation of the pool 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
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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.
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. Ort 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.
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a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and enforced as if
the Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
c. Should the City determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists, the City
may, in its sole discretion, terminate this Agreement.
15. 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.
16. Drafting of Agreement. Both the YMCA and the City have participated in the drafting
of this Agreement. As such, it is agreed by the parties that the general contract rule of law that
ambiguities in the contract language shall be construed against the drafter of a contract shall
have no application to any legal proceeding, arbitration and/or action in which this Agreement
and its terms and conditions are being interpreted and/or enforced.
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. Termination/Reduction of Services Due to Withdrawal, Reduction or Limitation of
Funding. In the event that funding from any source is withdrawn, reduced and/or limited in
any way after the effective date of and prior to completion of this Agreement, the City may
unilaterally reduce the scope of services, work and compensation of this Agreement, or
summarily terminate this Agreement notwithstanding any other termination provisions of this
Agreement. Termination under this section shall be effective upon hand delivery or delivery by
facsimile of a written notice of termination to YMCA, or three (3) calendar days after mailing
(by first class mail) of a written notice of termination to YMCA, whichever is sooner.
19. 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 C11 Y:
TO YMCA:
Denise Nichols,
Manager, Parks & Recreation Division
City of Yakima Public Works
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.
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20. 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.
21. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
22. 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 FAMILY YMCA
By: By:
Dick Zais, ty Manager Its:
ATTEST:
City Clerk 1-71- 0
City Contract No. 2004-02
Resolution R-2004-01
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/0i,— 767/e
BUSINESS OF THE CITY COUNCIL
YAKIIVIA, WASHINGTON
AGENDA STATEMENT
Item No. / 3
For Meeting of January 6, 2004
ITEM TITLE: A Resolution Authorizing an Agreement with the Yakima
YMCA to Operate Miller Pool for the 2004 Season
SUBMITTED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks 85 Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 576-6416
SUMMARY EXPLANATION:
City Council is respectfully requested to consider the attached resolution
authorizing an agreement with Yakima Family YMCA to operate Miller Pool for the
2004 season.
The YMCA provided these services last summer and staff appreciates the sentiment
and willingness the YMCA provides through its experience and expertise assisting
the City with operation and maintenance of this public swimming pool at Miller
Park.
Resolution X Ordinance Other (Specify) Agreement
Contract X Mail to (name and address): Please Provide documents to Parks & Recreation for
execution. Phone:
Funding Source: Parks 85 Recreation j�. ► ge
APPROVED FOR SUBMITTAL:
,000
Ad -1_ City Manager
STAFF RECOMMENDATION: Staff respectfully requests Council to adopt the
attached resolution authorizing the YMCA to operate Miller Pool for the 2004
summer season.
BOARD/COMMISSION RECOMMENDATION: The Parks and Recreation
Commission, has discussed the Miller Pool opportunity and supports the YMCA
providing this service to the public in collaboration with Parks and Recreation.
COUNCIL ACTION: Resolution adopted. RESOLUTION R-2004-01