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HomeMy WebLinkAboutR-1994-031 Yakima Athletic Club Swim TeamRESOLUTION NO. R 94- 31 A RESOLUTION authorizing an agreement with the Yakima Athletic Club Swim Team for use of City swimming pool facilities. WHEREAS, the City owns and operates a number of swimming pool facilities for public use; and WHEREAS, the City Council deems it to be in the best interest of the City to execute the agreement mentioned herein; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Agreement between the City of Yakima and Ipthe Yakima Athletic Club Swim Team for the 1994-1995 season." ADOPTED BY THE CITY COUNCIL the 22nd day of March • 1994. QA.t. ATTEST: Legal/BD Agenda -Swim team 5 City Clerk Mayor AGREEMENT Between the City of Yakima and the Yakima Athletic Club Swim Team For the 1994 and 1995 Season This Agreement is entered into by and between the City of Yakima, hereinafter called "the City" and the Yakima Athletic Club Swim Team, a Washington non-profit corporation, hereinafter called "YACST". The parties mutually agree as follows: 1. YACST is a private, non-profit Washington Corporation, offering competitive swimming to youngsters up to age 18. This organization owns no facilities and needs to rent pool time for daily workouts and swim meets from other public or private agencies. The City owns and operates such facilities which it agreed to make available to YACST under the terms of this agreement. 2. The YACST shall carry a minimum of $1,000,000 comprehensive general liability insurance, naming the City, its agents, officers, and employees, as named insured, which policy shall provide bodily injury or property damage coverage arising from this agreement. The insurance policy shall be approved by the City prior to the commencement of this agreement. The policy shall provide not less than thirty (30) days written notice to the City of any cancellation, expiration, or non -renewal. 3. This agreement, or any interest therein, shall not be assigned in whole or in part. 4. The term of this agreement shall be from January 1, 1994 and terminate on December 31, 1995. 5. During the performance of this agreement, the YACST shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental, or physical handicap. 6. The City shall provide at least one (1) lifeguard at the facility during all use hours by the YACST. 7. For swim meets, YACST shall pay $100.00 per full day: four hours of pool use or more in one day. YACST shall pay $50.00 per day for less than four hours of pool use for swim meets in one day. 8. The City shall bill the YACST Treasurer after the event. YACST shall provide to the City the name and address of its Treasurer upon commencement of this agreement. 9. YACST shall pays swim meet fees to the Director of Finance and Budget at City Hall within fifteen (15) working days of billing by the City. Legal/BD Agenda -Swim team 3 10. YACST shall make all swim meet requests to the City's Aquatics Supervisor in writing at least ninety (90) days in advance. YACST shall give the City's Aquatic Supervisor thirty (30) days written notice of cancellation of swim meets. In the event YACST fails to give such notice of cancellation, YACST shall pay for the time reserved according to the rates established in Section 7 of this agreement. 11. YACST shall leave the City's pool facility and general pool area in the same condition as it was found. If the City must repair or clean the facility because of any misuse by the YACST, YACST shall pay the City the actual cost of repair and cleaning. 12. YACST shall defend, indemnify and hold harmless the City, its agents, employees and officers from any and all liability arising out of the performance of this agreement. CITY OF YAKIMA: Date City Manager ATTEST: 21/.71q4 K -LA Date City Clerk YAKIMA ATHLETIC CLUB SWIM TEAM: Date f ..% Pre a .e Legal/BD Agenda -Swim team 4 LIONS POOL USE OF FACILITY CONDITIONS EFFECTIVE DATE: 1994 & 1995 FOR: Yakima Athletic Club Meet The City of will provide: 1. Starting Blocks. 2. Lane Lines. 3. Backstroke Flags. 4. Supervising of entire area by one (1) City Personnel (AT ALLTIMES). 5. Clean-up Friday and Saturday evening, and Sunday at the end of the meet. 6. Periodic pick up throughout the meet. 7. Monitoring of doors and locker rooms for swimmers and meet officials. The Yakima Athletic Club Swim Team will provide: 1. All other items needed for meet operation, i.e. timing system, PA system, chairs, tables, etc. 2. Assistance in periodic clean-up deck area, locker rooms, and grounds. 3. Assistance in supervising shallow end warm up area (Swimmers only. During warm ups only). Additional guard may be required if needed. 4. Assistance in organizing teams. Help with traffic flow. 5. Assistance in keeping food and drink in upper deck areas. 6. Assist in monitoring bath house area. (To be used only by swimmers and meet officials). Fee: Fees will be determined per our Agreement.