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HomeMy WebLinkAboutR-2006-046 authorize agreement with the Yakima Athletic Club for rental of city pool facilities for 2006 and 2007 swim team seasonsRESOLUTION NO. R-2006- 46 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 2006 and 2007 swim team seasons. 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 2006 and 2007 swim team seasons, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Agreement Between the City of Yakima and the Yakima Athletic Club for the 2006 and 2007 Swim Team Seasons" for rental of city pool facilities. ADOPTED BY THE CITY COUNCIL this 21st day of March, 2006. ATTEST: K,a},-, ,d' E.-o-exad,---? City Clerk David Edler, Mayor AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA ATHLETIC CLUB FOR THE 2006 AND 2007 SWIM TEAM SEASONS 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. 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. b. YAC. YAC shall: 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. Page 1 of 6 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 (Le., toilet paper). 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. Page 2 of 6 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. Two Hundred and Eight Dollars ($208.00) plus tax per full day (four (4) hours of pool use or more in one (1) day.) ii. One Hundred and Four Dollars ($104.00) 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 Second 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, 2008, unless the Agreement is earlier terminated by either party in accordance with Section 13 or 14 o 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 operation (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. Page 3 of 6 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, 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 and 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, Page 4 of 6 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. 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. Severabilitv. 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 Page 5 of 6 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: TO YAC: Denise Nichols, Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 (Q531 Re., C('—I L r d 41Ma, (v4 Gta 2_ 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 By: s 1 R. A. Zais, Jr., ity Manager Date: ‘3Zi70/4 Attest: City Clerk CITU CONTRAC r NO' gale, .-gz RESOLUTION NO: g-4,704049- y' Page 6 of 6 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -ki t For Meeting Of: -3-a1-O' Legislation authorizing execution of separate agreements with the Yakima Athletic Club Swim Team and the YMCA Swim Team for pool rental during the 2006 and 2007 seasons 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 2006 and 2007 seasons. Resolution X Ordinance Other (Specify) Contract _ Mail to (name and address): Phone: Funding Source: N/A APPROVED FOR SUBMITTAL: itatt•.---r-/-5-..4-/--( 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 2006 and 2007 seasons, one with Yakima Athletic Club Swim Team, and one with the YMCA Swim Team. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2006- 46 - YAC RESOLUTION R-2006-47 - YMCA