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RESOLUTION NO. 12588
A RESOLUTION APPROVING A RENEWED, SHORT-
TERM AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO YOUNG
WOMEN’S CHRISTIAN ASSOCIATION (YWCA) FOR THE
USE, MANAGEMENT AND OPERATION OF THE YWCA
SWIMMING POOL FACILITY
WHEREAS, The YWCA owns certain property located at 801 N. Santa Fe
Avenue, Pueblo, Colorado, which includes an indoor swimming pool facility; and
WHEREAS, the City desires to use, manage and operate the YWCA swimming
pool facility for use by the public at large from February 11 to May 31, NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City and the Pueblo Young Women’s Christian
Association dated February 11, 2013, a true copy of which is attached hereto, having
been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized and directed to execute the
Agreement on behalf of the City, and the City Clerk is directed to attest same. This
Resolution shall become effective upon final passage and approval.
INTRODUCED: February 11, 2013
BY: Ami Nawrocki
Background Paper for Proposed
RESOLUTION
DATE: February 11, 2013 AGENDA ITEM # Q-3
DEPARTMENT: PARKS AND RECREATION
STEVEN MEIER, INTERIM DIRECTOR
TITLE:
A RESOLUTION APPROVING A RENEWED, SHORT-TERM AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
PUEBLO YOUNG WOMEN’S CHRISTIAN ASSOCIATION (YWCA) FOR THE USE,
MANAGEMENT AND OPERATION OF THE YWCA SWIMMING POOL FACILITY
ISSUE:
Should City Council approve a short-term agreement for the City to use, manage and
operate the indoor pool owned by the YWCA from February to the end of May 2013?
RECOMMENDATION:
Approval of the Resolution.
BACKGROUND:
In April 2012, City Council approved an agreement with the YWCA for the Parks and
Recreation Department to manage, program and operate the Thatcher Family Pool. The
term of the agreement expired December 31, 2012. Because the City did not renew the
agreement at the end of the term, a financial decision was made by the YWCA Board
and staff to indefinitely cease operation.
On Tuesday, January 8, 2013, by request of City staff, the YWCA Executive Board met
and discussed if there would be any flexibility with the City/YWCA agreement in order to
keep the facility open in 2013. The Board decided that the $2,000/month lease payment
would be firm due to the YWCA’s existing costs of keeping the pool open. The Board
did request that the City operate the pool in accordance with the agreement for the
period of four months while they try to obtain a grant with a Health Foundation. This
grant would allow the YWCA to partner with the City/County Health Department to fully
operate the pool without the City’s involvement.
The City has agreed to operate the pool from mid-February to the end of May.
FINANCIAL IMPACT:
Pursuant to the agreement, the YWCA will still be responsible for any and all building
expenses related to the swimming pool facility, including but not limited to utilities,
water, pest control, telephone, internet, and trash removal. The YWCA will also be
responsible for all repair and maintenance expenses relating to the swimming pool
facility, including but not limited to drains, filters, safety equipment, diving boards, slides,
and railings, except that the City shall be responsible for all daily cleaning of the
swimming pool facility. The YWCA will be responsible for the purchase of all necessary
pool chemicals and provide those to the City for use in the swimming pool. The City will
also be responsible for providing all staff and wages associated with managing and
operating the swimming pool facility. The City will manage and accept all registrations
for pool memberships and programs. The City will retain any and all revenue received
through the management and operation of the swimming pool facility and its programs.
The City will also provide, at its cost, any and all office and/or program supplies and
equipment necessary for the operation of the swimming pool facility.
Pursuant to the agreement, the City will pay to the YWCA $2,000 per month for the term
of the agreement, which will be through May 31, 2013.
A fee increase for adult use will go into effect with the new agreement as follows:
Current Proposed
Daily Pass – Adult $5.00 $10.00
Daily Pass – Child $2.00 $2.00
Daily Pass – Couple $8.00 $15.00
Punch Card (10 punches) $40.00 $50.00
Family Punch Card (20 punches) $65.00 $80.00
Monthly Unlimited Use $45.00 Not Offered
Monthly Couples Unlimited Use $70.00 Not Offered
Monthly Family Unlimited Use $75.00 Not Offered
The following is the new hours of operation through May 31, 2013:
Pool Operating Hours - 20 hours per week
Tuesday, Thursday and Saturday, 8 am to 12 noon
Wednesday and Friday, 4 pm to 8 pm
Closed Sunday and Monday
The estimated “Operation Expenses” – mid-February through May 2013 are as follows:
Personnel: ($12,000)
Equipment: ($1,600)
Lease Payment: ($8,000)
Total Expenses ($21,600)
Total Revenue $8,000
Total Estimated Cost to the City will be $13,600
AGREEMENT
THIS AGREEMENT entered into as of February 11, 2013 by and between the City of
Pueblo, a municipal corporation ( "City ") and the Pueblo Young Women's Christian Association
( "YWCA "):
WHEREAS, YWCA's mission is to empower women and provide a domestic violence
shelter for women;
WHEREAS, YWCA owns certain property located at 801 N. Santa Fe Ave., Pueblo,
Colorado, which includes an indoor swimming pool facility, the operation of which does not fit well
within its mission;
WHEREAS, the City desires to use, manage and operate YWCA swimming pool facility for
use by the public at large;
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and YWCA agree as follows:
1. The "Swimming Pool Facilities" referenced herein shall include the swimming pool,
deck areas, locker rooms, changing rooms, showers, rest rooms, reception areas, and any other areas
adjacent thereto located at 801 N. Santa Fe Ave., Pueblo, Colorado which are reasonably necessary
to operate the facilities as a public swimming pool.
2. YWCA Duties and Obligations:
a. YWCA hereby grants the City exclusive control and use of the Swimming
Pool Facilities for public programs, including but not limited to open swim sessions, swim
lessons aerobic classes, lifeguard classes, lap swim and private parties, which shall be
determined at the sole at absolute discretion of the City. The City shall have the sole and
absolute discretion to determine the operating hours, admission charges, and class and use
fees for the Swimming Pool Facilities.
b. YWCA shall pay for any and all building expenses related to the Swimming
Pool Facilities, including but not limited to rent, utilities, water, pest control, telephone,
internet, and trash removal.
c. YWCA shall pay for any and all repair or maintenance expenses relating to
the Swimming Pool Facilities, including but not limited to drains, filters, safety equipment,
diving boards, slides, and railings, except that the City shall be responsible for all daily
cleaning of the Swimming Pool Facilities.
d. YWCA shall be responsible for maintaining the water temperature between
90 -92 degrees and air temperature in the Swimming Pool Facilities at no less than 85 degrees
during operating hours. YWCA shall not deviate from these parameters without written
authority from the City.
e. YWCA shall purchase, at its sole expense, any and all necessary pool
chemicals and provide those to the City for use in the swimming pool.
3. City Duties and Obligations:
a. In consideration for the facilities and services provided by YWCA pursuant to
this Agreement, the City agrees to pay YWCA two thousand dollars ($2,000.00) each month
for the term of this Agreement. This Agreement is expressly made subject to the limitations
of the Colorado Constitution. Nothing herein shall constitute, nor deemed to constitute, the
creation of a debt or multi -year fiscal obligation or an obligation of future appropriations by
the City Council of Pueblo, contrary to Article X, § 20 Colorado Constitution or any other
constitutional, statutory or charter debt limitation. Notwithstanding any other provision of
this Agreement, with respect to any financial obligation of the City which may arise under
this Agreement in any fiscal year after 2013, in the event the budget or other means of
appropriations for any such year fails to provide funds in sufficient amounts to discharge
such obligation, such failure shall not constitute a default or breach of this Agreement by the
City and the City may terminate this Agreement without liability.
b. The City agrees to provide, and pay all wages or salary for such staff to
manage and operate the Swimming Pool Facilities as it deems necessary within its sole and
absolute discretion.
c. The City will manage and accept all registrations for pool memberships and
programs. The City will collect all admissions, fees, monthly dues, and/or charges associated
with the public's use of the Swimming Pool Facilities. The City will retain any and all
money received through the management and operation of the Swimming Pool Facilities
and/or its programs.
d. The City will provide, at its sole expense, any and all office and/or program
supplies necessary for the operation of the Swimming Pool Facilities.
e. The City will maintain liability insurance for the Swimming Pool Facilities
during the term of this Agreement. The City will maintain workers compensation coverage
for all of its employees during the term of this Agreement pursuant to state and federal law.
f. To the extent permitted by law, the City will pay for any and all damage to the
Swimming Pool Facilities that occurs during the City's hours of operation and as a direct
result of the City's use and operation of the Swimming Pool Facilities, except that the City
will not pay for damage caused by criminal acts.
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4. The term of this Agreement shall be from February 11, 2013 through May 31, 2013.
The term of this Agreement may be extended by written agreement of the parties. 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.
5. The City is exempt from taxes. Any real or personal property owed on real or
personal property owned by YWCA shall be the responsibility of, and paid by YWCA.
6. City and YWCA acknowledge and agree that they are not joint venturers, partners, or
joint owners with respect to the Swimming Pool Facilities, and nothing contained in this Agreement
shall be construed as creating a partnership, joint venture or similar relationship between City and
YWCA.
7. This Agreement is for the sole benefit of YWCA and City and no third party shall
have any right, remedy or benefit hereunder.
8. YWCA 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 judgments of whatsoever kind or nature arising out
of or resulting, directly or indirectly, in any manner from the following: the negligent acts or
omissions of YWCA or its officers, employees, agents or contractors, or YWCA's violation of any
law, ordinance, regulation or court order affecting the Swimming Pool Facilities or the use and
occupancy thereof.
9. Neither party shall be liable or responsible to the other party for any delay, loss,
damage, failure or inability to perform under this Agreement due to an Event of Force Majeure,
provided that the party claiming failure or inability to perform provides written notice to the other
party within thirty (30) days of the date on which such party gains actual knowledge of such Event of
Force Majeure. In the event of damage or destruction to a material portion of the Swimming Pool
Facilities by reason of fire, storm or other casualty loss that renders the Swimming Pool Facilities (or
a material portion thereof) untenantable, YWCA shall use reasonable efforts to remedy such
situation. If notwithstanding such efforts, such damage or destruction is expected to render the
Swimming Pool Facilities (or a material portion thereof) untenantable for a period estimated by an
engineer or architect selected by YWCA at the City's request, of at least ninety (90) days from the
date of such fire, storm or other casualty loss, either party may terminate this Agreement without any
liability, upon written notice to the other.
10. Nothing in this Agreement is intended, nor should it be construed, to create or extend
any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive
any immunities or limitations otherwise conferred upon City under or by virtue of federal or state
law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et.
seg.
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11. All notices hereunder shall be deemed given when personally delivered or mailed by
certified mail, postage prepaid, addressed as follows: if to YWCA, 801 N. Santa Fe Ave., Pueblo,
CO 81003, Attention: President, and if to City, 200 S. Main St., Pueblo, CO, 81003, Attention: City
Manager, or such other address as either party may specify in written notice given to the other party.
12. 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.
13. Neither the City nor YWCA 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
YWCA, provided no amendment or modification of this Agreement shall be binding on City until
approved by the City Council of City by resolution.
14. 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
YWCA and their successors. 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
15. 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.
[SEAL] CITY OF' sL0
Attest: L —r"
City erk Press' of the City Counci
Approved as to form:
'62 /) w"t G ,
City Attorney
THE PUEBLO YOUNG WOMENS CHRISTIAN ASSOCIATION
Attest: A !. A 16,211 VA BY � k
Secre ary President
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