HomeMy WebLinkAboutR-2005-056 YMCA AgreementRESOLUTION NO. R-2005-56
A RESOLUTION authorizing and directing the City Manager of the City of Yakima.
to execute an agreement with the YMCA for rental of city pool
facilities for the 2005 swim team season.
and
WHEREAS, the YMCA offers competitive swimming to children up to age 18;
WHEREAS, the YMCA would like.to rent pool time for daily workouts, swim
meets, and other activities from the City; and
WHEREAS, the City agrees to make its pool facilities available to the YMCA
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 YMCA regarding rental of city pool facilities for the 2005
swim 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 YMCA for the
2005 Swim Team Season" for rental of city pool facilities.
ADOPTED BY THE CITY COUNCIL this 5th day of April, 2005.
ATTEST: aul P. George, Mayor
City Clerk
AGREEMENT BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA YMCA 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 "City," and the Yakima
Family YMCA, a Washington non-profit corporation, hereinafter "YMCA".
WHEREAS, YMCA offers competitive swimming to children up to age 18.
WHEREAS, YMCA would like to rent pool time for daily workouts and swim
meets.
WHEREAS, the City agrees to make its pool facilities available to YMCA 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 YMCA as follows:
1. Scope of Services.
a. City of Yakima. The City shall:
Make its pool facilities available for use by YMCA for
workout hours, swim meets, and other swim activities,
provided that the YMCA gives the City advance notice as
described herein.
ii. Provide at least one (1) lifeguard at the pool facility being
used by YMCA during all hours of use by YMCA. If more
than one (1) lifeguard is necessary, YMCA 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 YMCA 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.
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b. YMCA. YMCA shall:
Schedule workout hours with the City's Aquatics
Supervisor. In the event YMCA changes its schedule
without giving thirty (30) days notice to the City's Aquatic
Supervisor, YMCA 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
e�aa,�a sw3aia aiae�i.
iii. Give the City's Aquatics Supervisor thirty (30) days written
notice of cancellation of any swim meet. In the event YMCA
fails to give such notice of cancellation, YMCA 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 YMCA,
YMCA shall pay the City the actual cost of such repair,
replacement and/or cleaning. If cleaning takes longer than
one (1) hour, YMCA 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,
YMCA 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).
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x. Assist with supervising shallow end warm-up areas
(swimmers during warm-ups only.)
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 YMCA 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.
YMCA shall provide the City with the name and address of its Treasurer upon
commencement of this Agreement. The City shall bill the YMCA Treasurer after each
event. YMCA shall pay its fees to the Director of Finance and Budget at City Hall, 129
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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. 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 YMCA
or vendors representing YMCA 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
YMCA.)
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. YMCA shall provide extra trash containers.
5. independent Contractor Status of YM(A. 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 any obligations 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 of its officers, directors, employees,
volunteers, or agents 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 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, YMCA shall
pay the same before it becomes due.
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7. Nondiscrimination Provision. During the performance of this Agreement,
YMCA 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 performance of
obligations under this Agreement.
8. Compliance With Law. YMCA 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
YMCA, its employees, members, officers, directors, volunteers, and/or agents.
10. Indemnification and Hold Harmless. YMCA 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 YMCA's performance or non-performance of the duties
and obligations required of it under this Agreement and/or arising out of YMCA's use
of the pool(s) under this Agreement.
11. Commercial Liability Insurance. On or before the effective date of this
Agreement, YMCA 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 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.
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13. 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.
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
notice of termination
,��., t!. YMCA, three
_ _ (3) 7 > > after written �esmina�ion to or three calendar days after mailing (by first
class mail) of a written notice of termination to YMCA, 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 YMCA 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.
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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:
TO YMCA:
Denise Nichols, Manager
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Mike Gulick, Executive Director
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.
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 arty action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA YMCA
By
Dick Zais, City Manager
By:
Mike Gulick, Executive Director -
Date: -1 - 4 S Date:
A I !EST:
<a ,4
City Clerk
CITY CONTRAC f NO: e,?OD.h '$3 f
RESOLUTION NO. 1?-aaGz.6-i0--l0
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ITEM 111LE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. %%
For Meeting of April 5, 2004
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
SUBM111"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 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:
Resolution adopted. RESOLUTION NO. R-2005-56