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
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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.
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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
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