HomeMy WebLinkAboutR-2005-055 Yakima Athletic Club AgreementRESOLUTION NO. R-2005- 55
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute an agreement with the Yakima Athletic Club for rental
of city pool facilities for the 2005 swim team season.
WHEREAS, the Yakima Athletic Club (YAC) offers competitive swimming to
children up to age 18; and
WHEREAS, the YAC would like to rent pool time for daily workouts, swim
meets, and other activities; and
WHEREAS, the City would like to make its pools available for the YAC under
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 contract with the YAC regarding rental of pool facilities for the 2005 swim
team season, 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 for
the 2005 Swim Team Season" for rental of city pool facilities.
ADOPTED BY THE CITY COUNCIL this 5th day of April, 2005.
ATTEST:
Paul P. George, Mayor
AGREEMENT BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA ATHLETIC CLUB FOR THE 2005 SWIM TEAM SEASON
THIS AGREEMENT is made and entered into by and between the City of
Yakima, a Washington municipal corporation, hereinafter the "City," and the Yakima
Athletic Club, a Washington non-profit corporation, hereinafter "YAC".
WHEREAS, YAC offers competitive swimming to children up to age 18.
WHEREAS, YAC would like to rent pool time for daily workouts and swim
meets.
WHEREAS, the City agrees to make its pool facilities available to YAC for that
purpose under 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 YAC as follows:
1. Scope of Services.
a. City of Yakima. The City shall:
Make its pool facilities available for use by the YAC for
workout hours, swim meets, and other swim activities,
provided that the YAC gives the City advance notice as
described herein.
ii. Provide at least one (1) lifeguard at the pool facility being
used by YAC during all hours of use by YAC. If more than
one (1) lifeguard is necessary, YAC shall pay the City Fifteen
Dollars ($15.00) per additional lifeguard per hour plus tax.
iii. Ensure that at least one (1) City staff member is present at
the facility being used by YAC at all times.
iv. Provide starting blocks, lane lines, and backstroke flags.
v. Clean and disinfect the locker rooms and lobby areas of the
facility.
vi. Provide periodic pickup throughout each swim meet.
Page 1 of 7
b. YAC. YAC shall:
i. Schedule workout hours with the City's Aquatics
Supervisor. In the event YAC changes its schedule without
giving thirty (30) days notice to the City's Aquatic
Supervisor, YAC 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 Aquatics Supervisor thirty (30) days written
notice of cancellation of any swim meet. In the event YAC
fails to give such notice of cancellation, YAC shall pay for
the time reserved according to the rates established in
Section 2 of this Agreement.
iv. Leave the City's pool facilities and general pool area in the
same condition as they were found. If the City must repair,
replace, or clean a facility because of any misuse by YAC,
YAC shall pay the City the actual cost of such repair,
replacement and/or cleaning. If cleaning takes longer than
one (1) hour, YAC shall pay Fifteen Dollars ($15.00) per hour
plus tax per person for the additional time it takes to clean
the facility.
v. Except as otherwise specifically provided in this Agreement,
YAC is responsible for providing any and all other items
necessary for its swim meets such as timing systems, a PA
system, chairs, and tables.
vi. Assist with the periodic cleanup of deck areas, locker rooms,
and pool grounds during each swim meet.
vii. Thoroughly clean the deck areas and pool grounds after
each swim 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 areas
(swimmers during warm-ups only.)
Page 2 of 7
xi. Supervise and organize all members of the swim teams.
xii. Assist in keeping food and drinks in the upper deck areas.
xiii. Assist in monitoring the bathhouse areas.
xiv. Assist with putting the pool back into its normal operational
positions, including but not limited to the bulkhead, flags,
and replacing diving boards onto their appropriate stands.
2. Consideration. The YAC agrees to compensate the City as follows:
a. Workouts.
i. Five Dollars ($5.00) plus tax per lane per hour when
utilizing lap lanes in a designated City facility.
ii. Two Dollars and Fifty Cents ($2.50) plus tax 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 the
facility is normally staffed.
ii. Fifteen Dollars ($15.00) per hour plus tax if meet setup
occurs at a time when the facility is not normally staffed.
c. Swim Meets.
i. One Hundred and Ninety -Eight Dollars ($198.00) plus tax
per full day (four (4) hours of pool use or more in one (1)
day.)
ii. Ninety -Nine Dollars ($99.00) plus tax per day for less than
four (4) hours of pool use in one (1) day.
YAC shall provide the City with the name and address of its Treasurer upon
commencement of this Agreement. The City shall bill the YAC Treasurer after each
event. YAC shall pay its 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.
Page 3 of 7
The above fees will be reviewed and adjusted by the City on an annual basis.
3. Term. This Agreement shall commence upon execution by the parties and shall
terminate at midnight on January 31, 2006, unless the Agreement is earlier terminated
by either party in accordance with Section 13 or 14 of this Agreement.
4. Concessions. At the discretion of the City, concessions at swim meets by YAC
or vendors representing YAC 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
YAC.)
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. YAC shall provide extra trash containers.
5. Independent Contractor Status of YAC. YAC and the City understand and
expressly agree that YAC is an independent contractor in the performance of each and
every part of this Agreement. YAC, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing any obligations required under this
Agreement. Additionally, and as an independent contractor, YAC 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 YAC or any of its officers, directors, employees, volunteers, or
agents and the City.
6. Taxes and Assessments. YAC 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, YAC shall
pay the same before it becomes due.
7. Nondiscrimination Provision. During the performance of this Agreement, YAC
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,
Page 4 of 7
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 performance of obligations under
this Agreement.
8. Compliance With Law. YAC agrees to use the pool(s) 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
YAC, its employees, members, officers, directors, volunteers, and/or agents.
10. Indemnification and Hold Harmless. YAC 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 YAC's performance or non-performance of the duties and
obligations required of it under this Agreement and/or arising out of YAC's use of the
pool(s) under this Agreement.
11. Commercial Liability Insurance. On or before the effective date of this
Agreement, YAC 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 YAC 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 YAC stated herein.
13. Termination. Either the City or YAC may terminate this Agreement, with or
without cause, by giving the other party ten (10) days written notice of termination.
Page 5 of 7
14. 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 YAC, or three (3) calendar days after mailing (by first
class mail) of a written notice of termination to YAC, whichever is sooner.
15. Severability.
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.
16. 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.
17. Non -Waiver of Breach. The waiver of either the City or the YAC of the breach
of any provision of this Agreement by the other party shall not operate and/or be
construed as a waiver of any subsequent breach by either party or prevent either party
thereafter enforcing such provision.
18. Survival. Any provision of this Agreement that 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.
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 CITY: Denise Nichols, Manager
City of Yakima Public Works
Page 6 of 7
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
TO YAC: cC vc-\ l -`k•
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.
20. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
21. 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 ATHLETIC CLUB
By: Lir G--
Dick Zais, City Manager
Date:
A est:
,4s te.cr4Atit,
City Clerk
CITY CONTRAC t N0:
RESOLUTION N0:
By
Print Name:
Title:
Date:
Page 7 of 7
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1/
For Meeting of April 5, 2004
ITEM TITLE: Legislation authorizing execution of separate agreements with the
Yakima Athletic Club Swim Team and the YMCA Swim Team for
pool rental during the 2005 season
SUBMITTED 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 2005 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 Pool Rental Revenue
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 2005 season, one with Yakima Athletic Club Swim Team, and one with the YMCA
Swim Team.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolutions adopted. YAC - RESOLUTION R-2005-55
YMCA - RESOLUTION R-2005-56