HomeMy WebLinkAbout11605RESOLUTION NO. 11605
A RESOLUTION APPROVING AGREEMENTS BETWEEN
THE CITY OF PUEBLO AND YOUNG MEN'S CHRISTIAN
ASSOCIATION OF PUEBLO, COLORADO AND BETWEEN
THE CITY OF PUEBLO AND PUEBLO SWIM CLUB, INC.
RELATING TO THE USE OF THE MINERAL PALACE
PARK SWIMMING POOL AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The following Agreements dated as of May 11, 2009 relating to the use of the
Mineral Palace Park swimming pool, copies of which are attached hereto, having been
approved as to form by the City Attorney, are hereby approved:
(a) Agreement between the City of Pueblo and Young Men's Christian
Association, of Pueblo, Colorado.
(b) Agreement between the City of Pueblo and Pueblo Swim Club, Inc.
SECTION 2
The President of the City Council is authorized to execute the Agreements 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.
A77TSTDD SY:
CITY CLERK
INTRODUCED: May 11, 2009
BY: Judy Weaver
} Councilperson
APPR D' } �-
PRESIDENTaf Cfty Council
[ D E
ED
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 3
DATE: May 11, 2009
DEPARTMENT: Law Department
TITLE
A RESOLUTION APPROVING AGREEMENTS BETWEEN THE CITY OF PUEBLO AND
YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, COLORADO AND BETWEEN
THE CITY OF PUEBLO AND PUEBLO SWIM CLUB, INC. RELATING TO THE USE OF
THE MINERAL PALACE PARK SWIMMING POOL AND AUTHORIZING THE PRESIDENT
OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve agreements relating to the use of the Mineral Palace
swimming Pool.
RECOMMENDATION
City staff recommends approval of the Agreements.
BACKGROUND
Pursuant to the Agreement between the City and YMCA, the YMCA will return the Mineral
Palace Park swimming pool ( "Mineral Palace Pool ") to the City during specified dates and
hours during calendar year 2009; no dates and hours are specified during subsequent
calendar years ( "City Pool Operation dates and hours "). City is responsible for the Mineral
Palace Pool during the City Pool Operation dates and hours and the YMCA is released and
discharged from all obligations imposed by the Management Agreement during City Pool
Operation dates and hours. City is responsible to return the Mineral Palace Pool to the
YMCA after each City Pool Operation date and time in the same condition as it was
received by the City.
Under the Agreement between the City and Pueblo Swim Club, Inc. ( "Swim Club "), the
Swim Club will use the Mineral Palace Pool during the times and dates described as City
Pool Operation dates and hours in the YMCA Agreement but referred to as "Swim Dates" in
the Swim Club Agreement. During the Swim Dates, the Swim Club will be responsible for
the maintenance and operation of the Mineral Palace Pool, return the Mineral Palace Pool
to the YMCA in the condition it was received by the Swim Club, indemnify and save
harmless City and YMCA, and maintain and keep in force commercial general liability
insurance and workers' compensation insurance.
Both Agreements may be terminated by either party thereto upon 30 days prior written
notice.
FINANCIAL IMPACT
None.
AGREEMENT
THIS AGREEMENT entere&into as of May 11, 2009 by and between the City of Pueblo, a
municipal corporation ( "City ") and Pueblo Swim Club, Inc.; ,a Colorado nonprofit corporation
( "Swim Club "), WITNESSETH:
WHEREAS, Swim Club sponsors a swimming program which includes competitive
swimming meets, and
WHEREAS, Swim Club desires to use the City's Mineral Palace Park swimming pool
( "Mineral Palace Pool ") for its swim practices and competitive swim meet, and
WHEREAS, City is willing to permit Swim Club to use the Mineral Palace Pool for its swim
practices and competitive swim meet upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Swim Club agree as follows:
1. Swim Club understands and agrees that the Mineral Palace Pool is under the
management of the Young Men's Christian Association of Pueblo, Colorado ( "YMCA ") pursuant to
a management agreement with the City. Therefore, this Agreement is subject to and contingent upon
the YMCA returning the Mineral Palace Pool to the City to permit Swim Club to use the Mineral
Palace Pool as hereinafter provided:
2. The initial term;. o this Agreement shall end on December 31, 2009 and shall
automatically renew for succeeding one (1) year terms, unless sooner terminated as herein provided.
Either party may terminate this Agreement at any time for any reason, without liability, by giving to
the other party thirty (30) days' prior written notice specifying the date of termination.
3. Swim Club is authorized to use the Mineral Palace Pool for swim practices and swim
meet during the following dates and hours (herein collectively the "Swim Dates "):
(a) 12:00 noon to 8:00 p.m., Friday, June 19, 2009 and 6:00 a.m. to 7:00 p.m. on
Saturday and Sunday, June 20 and 21, 2009.
(b) 5:30 a.m. to 8:30 a.m., Monday through Friday, starting June 1, 2009 and
ending August 14, 2009.
4. During the Swim Dates, Swim Club will
(a) be responsible for the maintenance and operation of the Mineral Palace Pool.
(b) provide all routine maintenance and custodial services required to keep
Mineral Palace Pool and associated grounds clean, operational and in a safe condition.
(c) conduct all activities at the Mineral Palace Pool, including Swim Dates, in
compliance with all applicable laws, standards, rules and regulations, and in a safe and
ordinary manner.
(d) employ or otherwise make sufficient personnel, volunteers and lifeguards
available to perform its duties, functions and responsibilities under this Agreement.
(e) after each Swim Date, return the Mineral Palace Pool to the YMCA in the
same condition as it was received by the Swim Club before each Swim Date.
5. During any use, occupancy or possession of Mineral Palace Pool, Swim Club shall, at
its expense, maintain and keep in force:
(a) commercial general liability insurance against claims for personal injury,
death, property damage, and participant legal liability occurring in connection with the use
and occupancy of Mineral Palace Pool and activities conducted thereon by Swim Club with
limits not less than $2,000,000.00 each occurrence and not less than $4,000,000.00 aggregate
with excess umbrella coverage of $3,000,000.00 each occurrence and $6,000,000.00
aggregate. The commercial general liability insurance policy and excess umbrella policy
shall (i) contain an endorsement or clause naming the City and YMCA as additional insureds,
(ii) include coverage to insure Swim Club's indemnity as provided in paragraph 7 below, (iii)
be written as primary, and not contributing with or in excess of the coverage carried by the
City on YMCA, their agents, officers and employees, (iv) contain a cross liability of
severability of interest clause or endorsement, and (v) contain provisions not to cancel the
policy or policies, or to change the coverage without giving thirty (30) days' prior written
notice to City and YMCA. .
(b) Workers' compensation insurance meeting the requirements of Colorado law
containing a waiver of subrogation clause.
(c) Swim Club and all parties claiming under it, hereby release and discharge City
and YMCA and their officers, agents and employees from all claims and liabilities, whether
for negligence or otherwise, in connection with any loss covered by the above insurance
policies described in (a) and (b) above.
(d) At least twenty (20) days prior to any use or occupancy of the Mineral Palace
Pool by Swim Club, Swim' Club shall deliver to City and YMCA a certificate or certificates
evidencing the issuance of such insurance policies, together with evidence of the payment of
premiums.
6. If Swim Club defaults in the performance of any provisions of this Agreement, City
may terminate this Agreement upon five (5) days' prior written notice to Swim Club.
7. Swim Club shall indemnify, defend and hold City and YMCA and their officers,
2
employees and agents harmless from and against all liabilities, losses, damages, costs and expense
(including reasonable attorney fees), causes of action, suits, claims and judgments of whatsoever
kind or nature arising out of or resulting, directly or indirectly, in any manner from the following: (a)
the negligent acts or omissions of Swim Club or its officers, employees, agents or contractors, (b) the
use or occupancy of the Mineral Palace Pool or activities conducted thereon by Swim Club, or (c)
Swim Club's violation of any law, ordinance, regulation or court order affecting the Mineral Palace
Pool or the use and occupancy thereof.
8. 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
Swim Club and their successors. Neither the City nor the Swim Club 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 Swim Club, provided no amendment or modification of this Agreement shall be
binding on City until approved by the City Council of City by resolution.
9. 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.
10. This Agreement is for the sole benefit of Swim Club and City and no third party
(except YMCA) shall have any right, remedy or benefit hereunder.
11. All notices hereunder shall be deemed given when personally delivered or mailed by
certified mail, postage prepaid, addressed as follows: if to Swim Club, 2 Reservoir Drive, Pueblo,
CO, 81005, 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.
12. No term or provision of this Agreement shall be construed or interpreted as a waiver,
express or implied, by the City of the immunities, rights, protections or any other provision of the
Colorado Governmental Immunity Act, as amended.
13. 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.
14. 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.
Executed in Pueblo, Colorado as of the day and year first above written.
[ S E A L ] CITY OF PUEBLO
Attest _ By
City erk President of the City Council
3
City Attorne
[SEAL] PUEBLO SWIM CLUB, INC.
te.s�• ' By
cretary President
21
ADDITIONAL NAMED INSUREDS:
1. United States Swimming, Inc. Member Clubs for Insured Activities.
(Please Note: Member Clubs must be in good standing, which means that all athletes and all
coaches must be United States Swimming members.)
2. Any Member of United States Swimming, Inc., or volunteer, while acting on behalf of and
with the approval of the Board of Directors of United States Swimming, Inc.
DEFINITIONS:
1. United States Swimming, Inc. Member Clubs are clubs that are members in good standing
with United States Swimming, Inc. and whose athletes and coaches are members of United
States Swimming, Inc.
2. Sanction as defined by United States Swimming, Inc. Rules and Regulations.
3. Approved Meet as defined by United States Swimming, Inc. Rules and Regulations.
INSURED ACTIVITIES:
A. Swimming events where a United States Swimming, Inc. Sanction has been issued.
B. United States Swimming, Inc. Approved Meets.
c. Swimming practices where all participating athletes and coaches are members of United
States Swimming. Must be held under the sole and direct supervision of United States
Swimming, Inc. Member Coaches. (including dry land training such as weightlifting.)
D. Swimming tryouts under the sole and direct supervision of United States Swimming, Inc.
Member Club Coaches. May not last for a period of more than thirty (30) consecutive
calendar days in a 12 -month period, for any individual.
E. Learn to Swim Program where all participating athletes and coaches are members of United
States Swimming, Inc. Must be held under the sole and direct supervision of United States
Swimming, Inc. Member Coaches.
F. United States Swimming, Inc. contracted Swim -A- Thons.
G. United States Swimming, Inc. approved social events where alcoholic beverages are not sold.
H. United States Swimming, Inc. approved fund raising activities.
POLICY NUMBER: 011 -2834
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSUREDS - BLANKET
OWNERS AND /OR LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Policy 4 1638683 is amended to include as an additional insured any person or organization of
the types designated below and as evidence by a Certificate of Insurance issued for you by us or
on our behalf, but only with respect to liability arising out of your operations:
1. Owners and /or lessors of the premises leased, rented, or loaned to you, subject to the
following additional exclusions:
A. This insurance applies only to an occurrence which takes place while you are
occupying in the premises;
B. This insurance does not apply to Bodily Injury or Property Damage resulting from
structural alterations, new construction or demolition operations performed by or on
behalf of the owner and /or lessor of the premises;
C. This insurance does not apply to any design defect or structural maintenance of the
premises by or.on behalf of the owner and /or lessor.
D. With respect to any "Additional Insured" included under the policy by this
endorsement, this insurance does not apply to the negligence of such Additional
Insured.
Effective Date: The effective date of this endorsement shall be the issue date of the
certificate to which it is attached
r
Cart ID 5115
CFRTIFIrATF 1x111 f1FR
® TM CERTIFICATE OF LIABILITY INSU NC
DATE(MMtDD/YYYY)
°'C®l \
5/19/2009
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Risk Management Services, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 32712
Phoenix AZ 85064 -2712
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LIMITS
AUTHORIZED REPRESENTATIVE
(602) 840 -3234 (602) 274 -9138
GENERAL LIABILITY
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: Lexington Ins Co
Y
USA Swimming Inc Incld LSC's and
INSURER B: Nationwide Life Insurance Co
1/1/2009
Pueblo Swim Club
DAMAGE TO RENTE
PREMISES Eaoccurence
$ 100,000
2 Reservoir Drive
INSURER C:
INSURER D:
Pueblo CO 81005
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADDT
INSRO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE /DD
POLICY EXPIRATION
E (MMIDDIYYI
LIMITS
AUTHORIZED REPRESENTATIVE
GENERAL LIABILITY
EACH OCCURRENCE
$ 2,000,000
A
Y
X COMMERCIAL GENERAL LIABILITY
011 -2834
1/1/2009
1/1/2010
DAMAGE TO RENTE
PREMISES Eaoccurence
$ 100,000
CLAIMS MADE ❑X OCCUR
MED EXP (Any one person)
$ EXCLUDED
PERSONAL & ADV INJURY
$ 1
X Participant Legal
X
Liability Included
GENERAL AGGREGATE
$ 4,000,000
GENI AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
.
$ 2,000,000
POLICY PRO LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
(Ea accident)
$
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
$
BODILY INJURY
$
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
(Per accident)
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC'
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS /UMBRELLA LIABILITY
EACH OCCURRENCE
$ 3,000,000
_ x1
AGGREGATE
$ 6,000,000
A
Y
OCCUR FI CLAIMS MADE
15460173
1/1/2009
1/1/2010
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
WC STATU- 0TH-
BY LIMITS I I ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR /PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
OFFICER /MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT 1
$
B
OTHER XS Medical /Dental
T5MPSP35054
1/1/2009
1/1/2010
Maximum Limit $25,000
DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Verification of General /Excess Liability & Excess Accidental Medical /Dental Insurance. Young
Men's Christian Association of Pueblo, their agents, officers and employees are included as
Additional Insured per attached ADDITIONAL INSURED ENDORSEMENT EFFECTIVE CERTIFICATE ISSUE DATE.
, bill 11 rii=1■-�ZTiTJ
At,UKU Z5 (ZUU9 /Uti) U ACORD CORPORATION 1988
Page 1 of 2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Young Men's Christian Association of Pueblo
DATE THEREOF, THE ISSUING INSURER WILL EQtnBIMBaR= MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Sai7C=N)HS CK00XXfSzXAMX
3200 Spaulding Ave
![ lBBt K��4 }F1GC>fE�)MffiCIGS}¢4t3FAZ9cA74
RMH§MCClSXXXX
Pueblo CO 81003
AUTHORIZED REPRESENTATIVE
At,UKU Z5 (ZUU9 /Uti) U ACORD CORPORATION 1988
Page 1 of 2
5/18/2009
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
CORD 25 (2001108)
Page A of 4
ADDENDUM NO. 1
THIS ADDENDUM NO. 1 ( "Addendum ") entered into as of May 11, 2009 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, City and YMCA entered in to a Management Agreement dated as of July 23,
2007 relating to the Management of City's swimming pools ( "Agreement "), and
WHEREAS, City and YMCA are desirous of amending the Agreement to allow City to
authorize the use of the Municipal Palace Park swimming pool ( "Mineral Palace Pool ") by the City.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and YMCA agree as follows:
1. The YMCA is returning to the City for operation by the City the Mineral Palace Pool
during the following dates and hours (herein collectively the "City Pool Operation dates and hours "):
(a) 12:00 noon to 8:00 p.m., Friday, June 19, 2009 and 6:00 a.m. to 7:00 p.m. on
Saturday and Sunday, June 20 and 21, 2009.
(b) 5:30 a.m. to 8:30 a.m., Monday through Friday, starting June 1, 2009 and
ending August 14, 2009.
2. During the City Pool Operation dates and hours the City will be responsible for the
maintenance and operation of the Mineral Palace Pool, and YMCA shall have no responsibility
therefor. City will return the Mineral Palace Pool to the YMCA after each City Pool Operation date
and time in the same condition as it was received by the City. YMCA is hereby released and
discharged from all obligations and liabilities imposed by the Agreement during the City Pool
Operation dates and hours.
3. The City intends to authorize the Pueblo Swim Club, Inc. to use and occupy Mineral
Palace Pool during City Pool Operation dates and hours. Therefore, pursuant to a separate agreement
between the City and Pueblo Swim Club, Inc., the City will require Pueblo Swim Club, Inc. to:
(a) provide and keep in force commercial general liability insurance and such
other insurance as the City's insurance agent may recommend naming the City and YMCA as
additional insured's and provide a copy of such insurance coverage and binder to both the
City and the YMCA;
(b) indemnify, defend and save City and YMCA and their officers, employees and
agents harmless from and against any and all claims or damages arising or resulting from its
use and occupancy of the Mineral Palace Pool.
4. The initial term of this Addendum shall end on December 31, 2009 and shall
automatically renew for succeeding one (1) year terms. Either party may terminate this Addendum at
any time for any reason, without liability, by giving to the other party thirty (30) days' prior written
notice specifying the date of termination.
5. This Addendum 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 Addendum or any part
hereof. This Addendum may be amended in writing at any time upon the mutual agreement of the
City and YMCA, provided no amendment or modification of this Addendum shall be binding on
City until approved by the City Council of City by resolution.
6. All notices hereunder shall be deemed given when personally delivered or mailed by
certified mail, postage prepaid, addressed as follows: If to YMCA, 3200 Spaulding Avenue, Pueblo,
CO, 81008, 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.
7. No term or provision of this Addendum shall be construed or interpreted as a waiver,
express or implied, by the City of any of the immunities, rights, protection or any other provision of
the Colorado Governmental Immunity Act, as amended.
8. This Agreement as modified by this Addendum shall remain in full force and effect.
Executed, in Pueblo, Colorado as of the day and year first above written.
Appr'ovcA.as to form:
CITY OF PUEBLO
By
President of the City Council
City Atto e
[SEAL]
Attest: Gf/1 v
Secretary
YOUNG MEN'S CHRISTIAN
ASSOCIATION O UEBLO, COLORADO
By &4W 1�7rj4VVrl
Pr sid
2