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HomeMy WebLinkAbout11087RESOLUTION NO. 11087 A RESOLUTION APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, COLORADO (YMCA) RELATING TO PUBLIC SWIMMING POOLS AND CAPITAL CONTRIBUTION FOR THE AQUATICS CENTER OF THE YMCA COMMUNITY CAMPUS AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City owns and operates four outdoor public swimming pools, pool enclosures, parking areas and related infrastructure (excluding separately operated concession stands and facilities) located in City Park, Mineral Palace Park, Bessemer Park and Mitchell Park (Swimming Pools), and WHEREAS, YMCA provides recreational activities for the people of the Pueblo community including the operation and management of aquatic facilities and programs and possesses the qualifications and experience to operate, manage and promote the Swimming Pools, and WHEREAS, the YMCA will construct within the City a community campus including an aquatic center and other recreational facilities which will be open to all members of the public on either a membership basis or a non - membership reasonable and non - discriminatory fee basis, and WHEREAS, the intent and purpose of this Resolution and the Management Agreement is to cooperatively promote, advance and provide needed aquatic and other recreational facilities, activities, programs and opportunities for the citizens of the City. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ The City Council does hereby find and determine that (a) there is a public need for aquatic and other recreational facilities, activities, programs and opportunities for the citizens of Pueblo, especially for those citizens who are residents of low income areas of the City; (b) the Management Agreement including the capital contribution to the YMCA for the aquatics center will assist in fulfilling such public need; and (c) the Management Agreement including the capital contribution to the YMCA for the aquatics center serves a public and municipal purpose, is in the public interest, and will promote the public health, safety and welfare of the City and its citizens. SECTION 2. The Management Agreement dated July 23, 2007 between the YMCA and the City, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Management Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. This Resolution shall become effective upon final approval and passage. INTRODUCED July 23, 2007 BY Randy Thurston Councilperson APPROVED: a F#k ESIDEINTof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: Auaust 13. 2007 Res* i l o gj NNW L1 " Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 y DATE: JULY 23, 2007 DEPARTMENT: CITY MANAGER'S OFFICE — DAVID J. GALLI, CITY MANAGER TITLE A RESOLUTION APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, COLORADO (YMCA) RELATING TO PUBLIC SWIMMING POOLS AND CAPITAL CONTRIBUTION FOR THE AQUATICS CENTER OF THE YMCA COMMUNITY CAMPUS AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve a management agreement between the City and the YMCA of Pueblo for the management, operation and promotion of the City's four (4) outdoor public swimming pools and related aquatics programming? RECOMMENDATION Approval of the Resolution BACKGROUND The City owns and operates four (4) outdoor public swimming pools, pool enclosures, parking areas and related infrastructure located in City Park, Mineral Palace Park, Bessemer Park and Mitchell Park. The YMCA of Pueblo operates and manages an indoor aquatic facility and possesses the qualifications and experience to operate, manage and promote swimming pools. Under this agreement, the YMCA will manage, operate and promote the City's four (4) outdoor public swimming pools and related amenities and provide aquatics programming for the use and benefit of the City and general public. The YMCA has agreed to increase the Swimming Pools' services to the public over those offered by the City in the year 2007 by increasing the hours and/or days of operation, increasing the number of swim lessons offered and by increasing the availability of other Swimming Pool programs, including outreach activities in low income areas of the City. The agreement is for a term of ten (10) years from January 1, 2008 to December 31, 2017. FINANCIAL IMPACT • All Swimming Pool fees shall be used exclusively'by the YMCA for the operation, management, maintenance and promotion of the City's swimming pools. • City will fund any deficit in the operation'of the Swimming Pools in an amount not less than the deficit the City experienced in calendar year 2007 which will be determined by mutual agreement of the parties after the YMCA has a reasonable opportunity to inspect and review City's financial records dealing with the management of the Swimming Pools. The parties will review the amount of the deficit each year during the month of February, commencing February 2009. It is the intent of the parties that the YMCA not be required to subsidize the Swimming Pools, but that through it's managerial experience dealing with aquatic facilities and programs will increase the time available for the public use of the Swimming Pools and participation in Swimming Pool related programs • YMCA will provide all routine pool maintenance and repair. The City will be responsible for the cost of all non - routine and major maintenance required at the Swimming Pools. • The City will allow the YMCA to utilize the current City's Full -time Pool Maintenance Mechanic for as long as reasonably necessary in order that the YMCA can become familiar with each pool and related mechanical systems and the YMCA can perform such maintenance and repair functions with their own Certified Pool Operator. • The City will agree to pay to the YMCA additional funds in the amount of $200,000 per year, subject to annual appropriation by City Council, for ten (10) consecutive years starting with the calendar year 2008. The YMCA will apply these funds as capital for the construction of the "Aquatics Center" of the YMCA Community Campus in Pueblo, Colorado. The YMCA agrees that the Aquatics Center will be open to all members of the public on either a membership basis or a non - membership reasonable and a non - discriminatory fee basis. MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT ( "Agreement") entered into as of July 23, 2007, by and between the City of Pueblo, a municipal corporation ( "City ") and the Young Men's Christian Association of Pueblo, Colorado, a Colorado nonprofit corporation ( "YMCA "), WITNESSETH: WHEREAS, the City owns and operates four outdoor public swimming pools, pool enclosures, parking areas and related infrastructure (excluding separately operated concession stands and facilities) located in City Park, Mineral Palace Park, Bessemer Park and Mitchell Park ( "Swimming Pools "), and WHEREAS, YMCA provides recreational activities for the people of the Pueblo community including the operation and management of aquatic facilities and programs and possesses the qualifications and experience to operate, manage and promote the Swimming Pools, and WHEREAS, the intent and purpose of this Agreement is to cooperatively promote, advance and provide needed aquatic and other recreational facilities, activities and opportunities for the citizens of the City. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and YMCA agree as follows: 1. City hereby appoints and retains YMCA subject to and upon the terms and conditions herein set forth, as an independent contractor, to operate, manage, maintain and promote the Swimming Pools for a term of ten (10) years from January 1, 2008 to December 31, 2017. YMCA accepts such appointment and agrees to perform all functions and obligations on its part to be performed under this Agreement in compliance with and all applicable laws, ordinances, regulations and resolutions now in effect or hereafter enacted. 2. City does hereby delegate to YMCA the authority to perform, and YMCA agrees that during the term of this Agreement it shall perform the following functions: (a) manage, operate and promote the Swimming Pools for the use and benefit of the City and general public; (b) perform in a timely and competent manner the duties and activities described in the attached Exhibit "A"; (c) manage and operate any water -spray grounds and facilities that are part of any Swimming Pool during those hours the Swimming Pool associated with the water -spray grounds and facilities is open to the public. At all other times City shall be responsible for the water -spray grounds and facilities; (d) providing all routine maintenance and custodial services required to keep the Swimming Pools and associated grounds clean, operational, and in a safe and orderly condition; (e) employ sufficient personnel reasonably necessary and required to perform its duties, functions and responsibilities under this Agreement; and (f) operate and promote the Swimming Pools and programs including outreach activities in low income areas of the City to increase the public use of the Swimming Pools and the time and programs available for the public over those offered by the City in 2007 in accordance which a schedule to be mutually agreed upon by the City and YMCA. The City agrees to perform the following functions during the term of this Agreement: (a) perform in a timely and competent manner the duties and activities described in attached Exhibit B; and, (b) provide the Swimming Pools in a functional operating condition each year prior to the opening of the Swimming Pools for public use and to be responsible for the cost of all non - routine and major maintenance required to keep the Swimming Pools operable in a safe manner. 4. YMCA may charge fees for the use of the Swimming Pools and related programs ( "Fees ") which shall not exceed those charged by the City in 2007 unless otherwise approved by the City Manager of City. All Fees shall be used exclusively by the YMCA for the operation, management, maintenance and promotion of the Swimming Pools. City will fund any deficit in the operation of the Swimming Pools in an amount not less than the deficit the City experienced in calendar year 2007 which amount will be determined by mutual agreement of the parties after the YMCA has a reasonable opportunity to inspect and review City's financial records dealing with the Swimming Pools' operation, maintenance and personnel costs, including costs associated with the management of the Swimming Pools. The amount of the deficit will be reviewed by the parties each year during the month of February, commencing February 2009. It is the intent of the parties that the YMCA not be required to subsidize the Swimming Pools', but that the YMCA through its managerial experience dealing with aquatic facilities and programs will increase the time available for the public use of the Swimming Pools and participation in Swimming Pool related programs. 5. YMCA agrees to increase the Swimming Pools' services to the public over those offered by the City in the year 2007 by increasing the hours and /or days of operation, increasing the number of swim lessons offered (if there is a need for more swim lessons) and increasing the availability of other Swimming Pool programs in accordance with a schedule to be mutually agreed upon by the parties. 6. The City agrees to pay to the YMCA additional funds in the amount of $200,000.00 per year for ten (10) consecutive years starting with the calendar year 2008. The parties understand and agree that the YMCA will apply these funds as capital for the construction of the aquatics center of the YMCA Community Campus in Pueblo, Colorado ( "Aquatics Center "). YMCA covenants and agrees that the Aquatics Center and other recreational facilities in the YMCA Community Campus will be open to all members of the public on either a membership basis or a non - membership reasonable and non - discriminatory fee basis and that the YMCA will through outreach programs and activities including transportation promote and encourage the use of the Aquatics Center and other recreational facilities in the YMCA Community Campus by residents of low income areas of the City. YMCA agrees that these covenants shall continue during the useful life of the Aquatics Center and other recreational facilities in the YMCA Community Campus and shall survive the termination of this Agreement and YMCA's obligations hereunder. Payments from the City to the YMCA will be as follows: (a) $200,000.00 on January 15, 2008 and on the same day each year thereafter during the term of this Agreement; (b) One -half of the Swimming Pools' operating deficit on March 15, 2008 and on the same day of each year thereafter during the term of this Agreement; (c) the balance of the Swimming Pools' operating deficit on May 15, 2008 and on the same day of each year thereafter during the term of this Agreement. 8. YMCA understands and agrees that its management and operation of the Swimming Pools is under the general administration of the Director of Parks and Recreation ("Director) and in order to comply with Article 13 of the City Charter, the YMCA shall meet with the Director at least quarterly, except during the period the Swimming Pools are open to the public, YMCA shall meet at least monthly with the Director, to review the YMCA's operation, promotion, maintenance and administration of the Swimming Pools. 9. The financial obligations of the City under this Agreement ( "City's Financial Obligations ") shall be from year to year. The City Manager of the City (or other officer at any time charged with the responsibility of formulating budget proposals) is hereby directed to include in the budget proposals submitted in fiscal year 2007 for fiscal year 2008, and for each fiscal year thereafter, an item for payment of the City's Financial Obligations required to be paid under this Agreement during each fiscal year. The decision whether to budget and appropriate the moneys in full or in part for the payment of City's Financial Obligations shall be made solely by the City Council of the City in its absolute discretion. Failure of the City Council, for any reason, to budget and appropriate, specifically with respect to this Agreement, moneys sufficient to pay City's Financial Obligations, shall not constitute an event or default by City under this Agreement nor give rise to any liability or claim against the City. Furthermore, it shall not be an event or default under this Agreement, and there shall be no liability or claim against the YMCA, for the YMCA to terminate its obligations under this Agreement in any fiscal year that the City Council does not budget and appropriate moneys sufficient to pay City's Financial Obligations. 10. No provision of this Agreement shall be construed or interpreted as creating a general obligation or other indebtedness of the City within the meaning of any constitutional, statutory or Charter debt limitation. No provision of this Agreement shall be construed or interpreted as a delegation of governmental powers nor as a donation by or a lending of the credit of the City, or as creating a multiple -fiscal year direct or indirect debt or other financial obligation whatsoever of the City or a general obligation or other indebtedness of the City within the meaning of any constitutional Charter or statutory debt limitation, including without limitation, Article X, Section 20 or Sections 1, 2 or 6 of Article XI of the constitution of the State. The Agreement shall not, directly or indirectly, obligate the City to make any payments beyond those appropriated for any fiscal year. No provision of this Agreement shall be construed to pledge or to create a lien on any class or source of City moneys. 11. It is mutually understood that nothing in this Agreement is intended or shall be construed as in any way creating or establishing a partnership or joint venture relationship between the parties, or as constituting the YMCA as an agent or representative of the City for any purpose or in any matter whatsoever. The relationship between the parties is purely contractual and the YMCA in performance of its obligations under this Agreement is at all times acting as an independent contractor. Neither YMCA nor any of its employees, officers, agents or contractors are employees of the City nor entitled to City payroll, insurance, unemployment, workers' compensation or any other City benefit whatsoever. YMCA shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, workers' compensation benefits and any other form of benefits or compensation for personnel performing service or work under this Agreement (except for City's Pool Maintenance Mechanic) and shall indemnify and save harmless City therefrom. 12. YMCA covenants and agrees that no person on the grounds of race, creed, color, national origin, ancestry, sex, age, religion or disability shall be excluded from participating in, denied the benefits of, or be otherwise subject to discrimination in (a) the use of the Swimming Pools and the Aquatics Center and other recreatiionaI facilities in the YMCA Community Campus, or (b) the famishing of services at the Swimming Pools and the Aquatics Center and other recreational facilities in the YMCA Community Campus. This covenant with respect to the Aquatics Center and other recreational facilities in the YMCA Community Campus shall remain in effect during the useful life of the Aquatics Center and other recreational facilities in the YMCA Community Campus and shall survive the termination of this Agreement and YMCA's obligations hereunder. 13. (a) YMCA hereby certifies that it does not knowingly employ or contract with an illegal alien and that the YMCA has participated or attempted to participate in the "Basic Pilot Program" created in Public Law 208, 104`' Congress, as amended and expanded in Public law 156, 108 Congress, as amended, that is administered by the United States Department of Homeland Security. (b) YMCA shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Agreement; (II) Enter into a contract with a contractor or subcontractor that fails to certify to YMCA that the contractor or subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. (c) The following state - imposed requirements apply to this Agreement: (I) The YMCA shall have verified or attempted to verify through participation in the Basic Pilot Program that the YMCA does not employ any illegal aliens and, if the YMCA is not accepted into the Basic Pilot Program prior to entering into this Agreement, that the YMCA shall apply to participate in the Basic Pilot Program every three months until the YMCA is accepted or this Agreement has been fully completed, whichever occurs earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. (II) The YMCA is prohibited from using the Basic Pilot Program procedures to undertake preemployment screening of job applicants while this Agreement is being performed. (III) If the YMCA obtains actual knowledge that a contractor or subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the YMCA shall be required to: A. Notify the contractor or subcontractor and the City's Director of Purchasing within three (3) days that the YMCA has received such knowledge; and B. Terminate the subcontract with the contractor or subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the contractor or subcontractor does not stop employing or contracting with the illegal alien; except that the YMCA shall not terminate the contract with the contractor or subcontractor if, during such three (3) days, the contractor or subcontractor provides information to establish that the contractor or subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The YMCA is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5- 102(5), C.R.S. (d) Violation of this paragraph 13 by the YMCA shall constitute an event or default and the YMCA shall be liable for City's actual and consequential damages. 14. No recourse shall be had for the payment of any moneys or for any claim based thereon or upon any obligation, covenant or contractual provision contained in this Agreement against any past, present or future officer, employee or agent of the City as such, either directly or through the City, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such officers, employees or agents as such is hereby expressly waived and released as a condition of and consideration for the execution of this Agreement. 15. An "event of default" shall mean the failure of either City or YMCA to perform any covenant or provision of this Agreement on its part to be performed hereunder and the continuation of such failure for a period of thirty (30) days after the non - defaulting party gives written notice of such default to the defaulting party. Whenever any event of default shall have occurred and be continuing, the non - defaulting party shall have the right, at its option, without any further demand or notice, to take whatever action at law or in equity, including, without limitation, an action in specific performance, as may appear necessary or desirable to the non- defaulting party to enforce its rights and remedies hereunder, provided, however, neither party shall have the right to terminate this Agreement. Exclusive venue for any litigation interpreting or arising out of this Agreement shall be Pueblo County, Colorado. The court in any such litigation shall award the prevailing party its costs and expenses, including reasonable attorney fees. 16. Nothing contained in this Agreement shall constitute or be construed to constitute (a) a waiver by the City of the protections, defenses and immunities afforded the City and its officers and employees under the Colorado Governmental Immunity Act or any other statute or law, or (b) require or provide for the indemnification of the YMCA by the City for any injury to any person or property damage whatsoever. 17. At all times during the term of this Agreement, YMCA shall provide and keep in force for the benefit of the YMCA and the City (a) comprehensive general liability insurance written on a single limit each occurrence basis with limits of not less than One Million Dollars ($1,000,000.00) for personal injury and property damage arising from any operation of the YMCA at the Swimming Pools and Aquatics Center, and contractual coverage, and (b) worker's compensation insurance in accordance with the provisions of Colorado law. 18. YMCA shall indemnify, defend and hold City and its officers, employees and agents harmless from and against all liabilities, losses, damages, costs and expense (including reasonable attorney fees), causes of action, suits, claims and judgment of whatsoever kind and nature arising out of or resulting, directly or indirectly, in any manner from the following, except when caused by the willful misconduct or sole negligence of the City or its officers, employees or agents acting in their official capacity (and not as patrons of the Swimming Pools or Aquatics Center), (a) the negligent acts or omissions of the YMCA or its officers, employees, agents or contractors, (b) the use or occupancy by the YMCA of the Swimming Pools or Aquatics Center, and (c) YMCA's violation of any law, ordinance, regulation or court order affecting the Swimming Pools or Aquatics Center or the use and occupancy thereof. 19. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of the City and YMCA and their successors. Neither the City nor the YMCA may assign this Agreement or any part hereof. This Agreement may be amended in writing at any time upon the mutual agreement of the City and YMCA, provided no amendment or modification of this Agreement shall be binding on City until approved by the City Council of City by resolution. 20. If any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 21. This Agreement is for the sole benefit of YMCA and City and no third party shall have any right, remedy or benefit hereunder. 22. All notices hereunder shall be deemed given when personally delivered or mailed by certified mail, postage prepaid, addressed as follows: If to YMCA, 700 Albany Avenue, Pueblo, CO, 81003, Attention: President, and if to City, 1 City Hall Place, Pueblo, CO, 81003, Attention: City Manager, or such other address as either party may specify in written notice given to the other party. 23. This Agreement is the entire agreement between the parties relating to the subject matter hereof, and this Agreement supercedes and cancels all prior agreements, proposals, representations and commitments relating to the subject matter hereof. 24. The December 11, 2006 Agreement between the YMCA and City and other governmental entities is hereby terminated and the YMCA and City are hereby released from all obligations thereunder. 25. No delay or omission on the part of either party in exercising any right hereunder shall operate as a waiver of such right or any other right under this Agreement. 26. The City will investigate the feasibility (both legal and financial) of expanding City's public transportation system and furnishing passes to children under eighteen (18) years of age to provide transportation to the Aquatics Center once it is built. Executed in Pueblo, Colorado as of the day and year first above written. [SEAL] Attest: City 06k Approved as to form: City Atto ey [SEAL] Attest: Secretar CITY OF 7UEBLO By P sident the City &jncil YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, COLO O BY s' ent OUTLINE OF RESPONSIBILITIES FOR AQUATIC SERVICES BETWEEN CITY OF PUEBLO AND YMCA OF PUEBLO Exhibit "A" The Agreements of the YMCA of Pueblo herein contained are contingent on the City providing the annual deficit funding (based on the actual for 2007) and the City providing to the YMCA of Pueblo the four pools and any co- located spray park amenities in functional condition. YMCA RESPONSIBILITIES: The YMCA of Pueblo will provide supervision, programming, management and general maintenance of all pools during hours of operation, to include: 1. Lifeguard services during all hours that the pool(s) are open 2. Swim lessons as scheduled 3. Private swim lessons as purchased by community members 4. Open and lap swim 5. Aquatic Fitness classes 6. Special events, e.g. Family Night, Pool Parties, Teen Night, FREE Day(s), DARE Rock 'N Swim afternoon events, DARE Rock "n Swim Family Nights 7. Local swim team use of pools for practice and meets 8. The YMCA will operate and maintain Spray Park amenities during the hours the pool(s) are open to the public 9. The current relationship with the YWCA as it pertains to the adaptive therapy aquatic program until the YMCA's Aquatic Center is constructed and opened. The YMCA of Pueblo will assume all management responsibilities and routine pool maintenance to safely and effectively fulfill the above program services, to include: 1. Provide oversight of all operations 2. Hire, train and supervise all employees. Employees that meet the job qualifications and requirements shall be hired by the YMCA and shall be paid pursuant to the pay scale to be determined by the YMCA of Pueblo. 3. Conduct background checks on all employees 4. Manage payroll and provide all mandated taxes 5. Ensure safe and clean pool environment and maintain daily chemical log 6. Serve as liaison with Health Department on all health and safety issues related to the pools 7. Maintain daily use and attendance report(s) 8. Assign YMCA of Pueblo staff member to serve as liaison with City representative 9. Provide a "lead" staff member to be on duty at all times that the pools are open 10. Provide appropriate lifeguard to swimmer ratio at all times that the pools are open, using certified guards at all times 11. Provide day -to -day management of all pool activities 12. Open and close pools on time as scheduled; based on hours determined /stated 13. Collect daily fees, program fees, etc; record and submit cash reports to the City. The YMCA will establish a separate accounting procedure for the Aquatic partnership (both expenses and revenues) 14. Handle and respond to all communications with patrons and guests; serve as contact point for community members 15. Collect and process registrations for swim lessons 16. Perform daily checks and minor maintenance of systems and report required repairs to the City 17. Attend a formal or regularly scheduled meeting between City representatives and YMCA staff to troubleshoot, maintain open communications and identify improvement strategies 18. Provide daily housekeeping of pool decks, restrooms, guard rooms and offices 19. Assist City in pool opening preparation and adjust water chemistry levels C:\Documents and Settings\medina\Local Settings \Temporary Internet Files \Contort IE5 \Y] 9IRILG \OUTLINE OF RESPONSIBILITIES FOR AQUATICS SERVICES FINAL DRAFT.doc 7/5/2007 5:24:50 PM 20. Comply with all applicable Colorado laws and regulations 21. Electricity /natural gas to heat pools, operate all mechanical systems and lights as needed 22. On -site phone access and line charges for emergencies and communications with patrons /CityNMCA 23. Janitorial supplies and services of restrooms and trash collections, including paper /plastic products for garbage receptacles 24. Conduct marketing and promotion of pool programs and services. City will assist in promotion by providing links to City website and contact information in annual activity guides. C:Mm ments and Settwgs\medina \Local Settingslfempona y Internet Files\Cuntent.IE51Y19IRU G \OUTLINE OF RESPONSIBILITIES FOR AQUATICS SERVICES FINAL DRAFT.doc 7/5/2007 5:24:50 PM OUTLINE OF RESPONSIBILITIES FOR AQUATIC SERVICES BETWEEN CITY OF PUEBLO AND YMCA OF PUEBLO Exhibit "B" CITY RESPONSIBILITIES: Equipment and Site Services Provided: the City will provide: 1. Pool(s) in safe and functioning capacity 2. Major preparation, if needed, so that the YMCA can finalize opening responsibilities in time for first day operations 3. Conduct any major repairs to keep pools functioning effectively and safely during hours of operations 4. Pool equipment including lane lines, diving boards, guard chairs, signage, lighting, swimming aids, picnic tables, fence and pool access security 5. Office space including phone and work space 6. Turn over to the YMCA existing safety equipment including backboard, life rings, reach poles, rescue rings, AED devices. As equipment becomes in need of replacement, the replace becomes the responsibility of the YMCA Administrative Services: the City will provide: 1. Access to past pool records, vendor lists, employee names, accounting and other desired reporting forms 2. Access to pool(s) upon signing of agreement and opportunity to shadow current City personnel related to the current operations of the pools, e.g. maintenance, aquatic director, pool managers, bathhouse attendants 3. Recognize the partnership between the City and YMCA through any community communication and use of the YMCA logo on guard /aquatic staff shirts 4. Assist with specific marketing and promotion of pool programs and services as programs offered in partnership with the YMCA. City will assist in promotion by providing links to City website and contact information in annual activity guides 5. Notification at least 1 -week in advance of all special events /activities utilizing the pools that are not already outlined in these responsibilities 6. Maintain all required state and local codes or licenses for pool operations and mechanical systems 7. Name the YMCA of Pueblo as an Additional Insured on City Liability insurance policies 8. Attend a formal or regularly scheduled meeting between City representative and YMCA of Pueblo designated personnel to troubleshoot, maintain open communication and identify improvement strategies 9. Will allow the YMCA to utilize the current Parks and Recreation Department's fulltime Pool Maintenance Mechanic for as long as reasonably necessary in order that the YMCA can become familiar with each pool and related mechanical system and the YMCA can perform such maintenance and repair functions with their own Certified Pool Operator. Major maintenance is defined as and shall include all major equipment repair and replacement, foundation and structural repairs to pools, bathhouses, parking lots, fencing, deck surfaces, guard standards. The City shall at its sole cost provide all major maintenance on the four outdoor pools and any co- located spray park amenities. It is the intent of the City that the YMCA of Pueblo not be required to subsidize the City's pool operations, but that the YMCA would use its managerial experience dealing with aquatic facilities and programs to increase the time available for the public to use the pools and participate in pool related programs. C:\Documents and Settings %paynedlLocal SettingslTemporary Intemet Files %OLKD%OUTLINE OF RESPONSIBILITIES FOR AQUATICS SERVICES FINAL DRAFT.doc 8/6/2007 1:42:45 PM