HomeMy WebLinkAboutR-2006-168 Yakima HMA, Inc. / Yakima Regional Medical & Heart CenterRESOLUTION NO. R-2006-168
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a pool use
agreement between the City of Yakima and Yakima HMA, Inc., d/b/a/
Yakima Regional Medical and Heart Center regarding the use of City
pools for an Aquatics Therapy Program.
WHEREAS, the City owns and operates a public swimming pool that includes pool
equipment, lifeguard services, and locker rooms; and
WHEREAS, Yakima Regional is a healthcare provider in Yakima and provides health
care services, including an aquatic therapy program through its Outpatient Physical Therapy
Department; and
WHEREAS, Yakima Regional desires to utilize City swimming pools and facilities to
conduct aquatic therapy as part of its physical therapy program; and
WHEREAS, the City is willing to allow such use of its swimming pools 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 Pool Use Agreement with Yakima HMA, Inc., d/b/a
Yakima Regional Medical and Heart Center, 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 "Pool Use Agreement Between the ,City of Yakima and Yakima
HMA, Inc." regarding the use of City pools for an Aquatics Therapy Program.
t
ADOPTED BY THE CITY COUNCIL this 21s
Sday of vember 20
ATTEST:4¢4013-k
City Clerk
parks -Region IMed-res-031. rtf
avid Edler, Mayor
POOL USE AGREEMENT
BETWEEN THE CITY OF YAKIMA AND YAKIMA HMA, INC.
THIS POOL USE AGREEMENT, hereinafter "Agreement," is made and entered into
by and between the City of Yakima, a Washington State municipal corporation, hereinafter the
"City," and Yakima HMA, Inc., d/b/a Yakima Regional Medical and Cardiac Center, hereinafter
"Yakima Regional."
WHEREAS, the City owns and operates several public swimming pools that include
pool equipment, lifeguard services, and locker rooms.
WHEREAS, Yakima Regional is a healthcare provider in Yakima and provides health
care services, including aquatic therapy through its Outpatient Physical Therapy Department
("Aquatic Program").
WHEREAS, Yakima Regional desires to utilize a City swimming pool to conduct
aquatic therapy as part of its physical therapy program and has been making such use of City
pools in accordance with a prior contract with the City.
WHEREAS, the City is willing to allow such use of its swimming pools 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 Yakima Regional as
follows:
1. Scope of Services.
a. City of Yakima. The City shall:
i. Provide locker room and shower facilities for use by Yakima
Regional's aquatic therapy participants.
ii. Provide lifeguard services when Yakima Regional is conducting its
aquatic therapy program at a City swimming pool.
iii. Provide lift equipment for swimming pool entry and exit by
disabled participants in Yakima Regional's aquatic therapy
program.
iv. Provide storage for Yakima Regional's swim belts that are utilized
in its aquatic therapy program.
v. Provide aquatic therapy participants with access to a swimming
pool at times mutually agreed upon by Yakima Regional and the
City with no pool use fee to the participant.
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vi. Provide Yakima Regional with access to a swimming pool and
necessary swim lanes at mutually agreed times.
b. Yakima Regional. Yakima Regional shall:
i. Ensure that its personnel are properly trained and that they adhere
to all rules, procedures and policies concerning the City's
swimming pools and related equipment.
ii. Ensure that aquatic therapy participants are properly trained and
that they adhere to all rules, procedures and policies concerning the
City's swimming pools and related equipment.
iv. Provide the designated City representative with reasonable prior
notice of when Yakima Regional desires to use a swim pool and
swim lanes for its aquatic therapy program.
v. Notify aquatic therapy participants of available aquatic therapy
times.
vi. Provide qualified and trained on-site staff supervision during all
times that City swimming pools and facilities are being used for
Yakima Regional's aquatic therapy program. Such on-site
supervision shall include, at a minimum, a ratio of one (1) Yakima
Regional supervisor to each ten (10) participants.
vii. Comply with all other terms and conditions of this Agreement.
2. Consideration. In consideration for use of the City's swimming pools and
corresponding facilities in accordance with the terms and conditions of this Agreement, Yakima
Regional shall pay the City the sum of Nine Dollars and Ninety -Six Cents ($9.96) per lane per
hour plus tax for shallow end usage, and Five Dollars ($5.00) per lane per hour plus tax for deep
end usage for use in 2006 and Eleven Dollars ($11.00) per lane per hour plus tax for shallow end
usage, and Five Dollars and Fifty Cents ($5.50) per lane per hour plus tax for deep end usage for
use in 2007. Payment shall be based on lanes reserved by Yakima Regional's Aquatic Program
coordinator for the aquatic therapy program and not on actual lane usage. The City shall bill
Yakima Regional on a monthly basis for pool and lane usage. Yakima Regional shall make
payments to the City within thirty (30) days of receipt of an invoice from the City.
3. Term. This Agreement shall be effective and retroactive to January 1, 2006, and shall
terminate at midnight on December 31, 2007, unless sooner terminated by either party in
accordance with Section 14 of this Agreement.
4. Nondiscrimination Provision. During the performance of this Agreement, Yakima
Regional shall not discriminate in violation of any federal, state, and/or local law and/or
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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 Yakima Regional's use of the City swimming pools and
related facilities for its aquatic therapy program.
5. The Americans With Disabilities Act. Yakima Regional 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 disabilities in the area of employment, public accommodations, state and
local government services, and telecommunications. Such compliance shall include but not be
limited to Yakima Regional's use of the City swimming pools and related facilities for its aquatic
therapy program under this Agreement.
6. Compliance with Law. Yakima Regional agrees to use the City swimming pools and
related facilities for its aquatic therapy program 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.
7. No Insurance. It is understood the City does not maintain liability insurance for Yakima
Regional, its directors, officers, employees, representatives, agents, or volunteers.
8. Indemnification and Hold Harmless.
a. Yakima Regional 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 reasonable attorneys' fees and disbursements) caused by
or occurring by reason of any negligent or intentional act and/or omission of Yakima Regional,
its directors, officers, employees, agents, and/or volunteers arising out of or in connection with
Yakima Regional's and its participants' use of the City swimming pools and related facilities for
its aquatic therapy program under this Agreement.
b. In the event both the City and Yakima Regional are negligent, Yakima Regional'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 Yakima Regional, its directors, officers, employees, agents, participants, 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.
d. The provisions of this Section shall survive the termination or expiration of this
Agreement.
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9. Insurance Provided by Yakima Regional.
a. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, Yakima Regional shall provide the City with a certificate of insurance as
proof of liability insurance with a minimum liability limit of Five Million Dollars
($5,000,000.00) 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. 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. 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.
b. Professional Liability Insurance. Yakima Regional shall maintain professional
liability insurance with minimum liability limits of Five Million Dollars ($5,000,000.00) per
occurrence and Nine Million Dollars ($9,000,000.00) in the aggregate. Yakima Regional shall
maintain this coverage, and tail coverage if necessary, for all claims arising during the term of
this Agreement and during all applicable statute of limitations for such claims. On or before the
date this Agreement is fully executed by the parties, Yakima Regional shall provide the City with
a certificate of insurance evidencing the coverage required by this section.
c. Industrial Insurance. Yakima Regional shall comply with the provisions of RCW
Title 51, Industrial Insurance. For the duration of this Agreement, Yakima Regional shall
provide or purchase industrial insurance coverage for its employees, as may be required of an
"employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51.
10. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by Yakima Regional 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
Yakima Regional stated herein.
11. 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.
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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.
12. Non -Waiver. The waiver by the City or Yakima Regional 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.
13. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and
negotiated and represents the combined work product of all parties hereto. No presumption or
other rules of construction which would interpret the provisions of this Agreement in favor of or
against the party preparing the same shall be applicable in connection with the construction or
interpretation of any of the provisions of this Agreement.
14. Termination. Either the City or Yakima Regional may terminate this Agreement, with
or without cause, by giving the other party thirty (30) days' prior written notice of termination.
15. 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, Parks & Recreation Division
City of Yakima Public Works
2301 Fruitvale Boulevard
Yakima, WA 98902
TO YAKIMA REGIONAL: John R. Finnegan, CEO
Yakima Regional Medical & Cardiac Center
110 South Ninth Avenue
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.
16. Integration. This written document constitutes the entire agreement between the City
and Yakima Regional. 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.
17. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
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18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
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•
CITY OF YAKIMA
By:
Dick Zais, City Manager
Date: /1- Z7.-
ATTEST:
7_
ATTEST:
City Clew
City Contract No. „..206h, -$75'
City Resolution No. I -'-/6b
YAKIMA HMA, INC., d/b/a YAKIMA
REGIONAL MEDICAL AND CARDIAC
CENTER
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. i
For Meeting of November 21, 2006
ITEM TITLE: A Resolution authorizing execution of a Pool Use Agreement with
Yakima HMA, Inc., d/b/a Yakima Regional Medical and Heart Center
for its "Aquatics Therapy Program."
SUBMITTED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020
SUMMARY EXPLANATION:
Staff respectfully requests Council consideration of a resolution authorizing the execution
of a Pool Use Agreement between the City of Yakima and Yakima HMA, Inc., a/k/a
Yakima Regional Medical and Heart Center for its "Aquatic Therapy Program."
Under the terms of this agreement City swimming pool facilities will be available for
Yakima Regional to use to conduct aquatic therapy as part of its physical therapy
program. This is a Parks and Recreation Pool Rental Revenue program.
Resolution X Ordinance Other (Specify) Agreement
Contract X Mail to (name and address): John R. Finnegan, CEO; Yakima Regional Medical &
Cardiac Center; 110 South Ninth Avenue, Yakima, WA 98902
Funding Source: Parks and Rec n Pool Rental Revenue
APPROVED FOR SUBMITTAL: �\y-.l CityManager
b 9
STAFF RECOMMENDATION: Staff respectfully requests City Council adoption of the
attached Resolution authorizing execution of a Pool Use Agreement between the City of
Yakima and Yakima HMA, Inc.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2006-168
Agenda-Statemt-Xakima Regional Pool Use.rtf