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RESOLUTION NO. 13231
A RESOLUTION APPROVING A COOPERATION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE PUEBLO YOUNG MEN’S
CHRISTIAN ASSOCIATION, FOR COOPERATION TO
OPERATE CERTAIN YOUTH SWIMMING AND BASEBALL
PROGRAMS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo, a Municipal Corporation, and the Pueblo
Young Men’s Christian Association dated May 11, 2015, 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 affix the seal of the City
thereto and attest the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the attached agreement to effectuate the
transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage.
INTRODUCED: _ May 11, 2015
BY: Ed Brown
City Clerk’s Office Item # M-10
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
May 11, 2015
TO: President Steven G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier – Director of Parks and Recreation Department
SUBJECT: A RESOLUTION APPROVING A COOPERATION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE PUEBLO YOUNG MEN’S CHRISTIAN ASSOCIATION, FOR
COOPERATION TO OPERATE CERTAIN YOUTH SWIMMING AND
BASEBALL PROGRAMS
SUMMARY:
Attached is an updated Cooperation Agreement between the City of Pueblo and the Pueblo
Young Men’s Christian Association (YMCA) concerning a recreational program partnership that
includes the City’s Learn-to-Swim program and the YMCA’s Youth Baseball programs.
PREVIOUS COUNCIL ACTION:
This collaborative proposal was originally approved by City Council on April 14, 2014. This
amended version requires City Council approval as well.
BACKGROUND:
A little over a year and a half ago, the FTE responsible for the City’s Aquatics programs
resigned and left the community. This FTE position was not funded in the 2014 budget. During
this time, with assistance from the Assistant Director, a temporary/part-time employee has been
responsible for creating this upcoming summer’s aquatics program plan. The collaborative
agreement allowed the City to not have to organize, train, and conduct the Learn-to-Swim
program and allowed this individual time to concentrate on other aspects of the summer
aquatics program such as recruitment and training of lifeguards, scheduling the open swim
sessions, and working with outside organizations wishing to rent a pool for a special event. As
part of this agreement, the YMCA provided swimming lessons for both the City and the YMCA,
while the City organized and conducted youth baseball programs for both the YMCA and the
City.
City Council approved the collaborative agreement on April 14, 2014 and it has benefited both
organizations and our community from both a fiscal and service perspective.
Because of date changes and the addition of added programming by the YMCA, the original
cooperative agreement needed some revisions and further approval from City Council.
The agreement still allows the City to have complete responsibility and control of the
management and operations of the four outdoor swimming pools. The YMCA is responsible for
the hiring and training of all Learn-to-Swim instructors for the program as well as to conduct all
related program registrations. The City is also responsible for the hiring and training of all Youth
Baseball program staff as well as to conduct all related program registrations.
This collaboration has allowed each organization the opportunity to successfully cross promote
programs at each other’s facilities.
FINANCIAL IMPLICATIONS:
All costs associated with promoting and conducting the Learn-to-Swim program will be the
responsibility of the YMCA. The City will retain all youth baseball program revenue while the
YMCA will retain all Learn-to-Swim program revenue. Program scholarships will be made
available in both the Learn-to-Swim and Youth Baseball programs so no one is denied an
opportunity to participate.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Should this Resolution not be approved, the City will be unable to offer a Learn-to-Swim
program for the upcoming summer season.
RECOMMENDATION:
Approval of the Resolution.
PROPOSED MOTION:
This Resolution will be placed on the Consent Agenda.
Attachments: Revised Cooperation Agreement
A COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION:
AND THE PUEBLO YOUNG MEN'S CHRISTIAN ASSOCIATION, FOR COOPERATION TO OPERATE
CERTAIN SWIMMING AND BASEBALL PROGRAMS
THIS COOPERATION AGREEMENT ("Agreement") is made and entered into this i( day
of May, 2015, by and between the City of Pueblo, a Colorado municipal corporation ("City"),
and the Pueblo Young Men's Christian Association ("YMCA"):
RECITALS
WHEREAS, City owns certain properties with outdoor swimming pools, namely City Park
Pool, located at 800 Goodnight Ave., Pueblo, Colorado; Mineral Palace Park Pool, located at
1600 N. Santa Fe Ave., Pueblo, Colorado; Mitchell Park Pool, located at 1304 E. 12th St., Pueblo,
Colorado; and Bessemer Park Pool, located at 843 W. Northern Ave., Pueblo, Colorado; which it
wishes to make available for summer youth Learn-to-Swim programs and summer water
aerobics classes that will be open to the public at large;
WHEREAS, City does not desire to operate and administer summer youth Learn-to-Swim
programs or summer water aerobics classes as City endeavors;
WHEREAS, YMCA wishes to form a partnership with City to operate, administer and
otherwise provide the summer Learn-to-Swim and water aerobics programs on behalf of City,
an undertaking that fits well within its mission;
WHEREAS, City wishes to offer a summer youth baseball program, including t-ball and
pitching machine lessons, to the public at large;
WHEREAS, City wishes to form a partnership with YMCA to operate, administer and
otherwise provide a summer youth baseball program, including t-ball and pitching machine
lessons, on behalf of YMCA;
WHEREAS, City and YMCA wish to jointly promote and advertise the summer Learn-to-
Swim, water aerobics, and baseball programs for mutual benefit;
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and YMCA agree as follows:
TERMS AND CONDITIONS
1. TERM.
(a) The initial term of this Agreement shall commence on May 11, 2015 and end
on March 31, 2017 ("Term") unless sooner terminated pursuant to the terms of this
Agreement.
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(b) Either party may have the option to extend the term of this Agreement for
up to one (1) additional two (2) year term by giving the other written notice of its intent to
exercise its option within one hundred and twenty (120) days prior to the expiration of the
initial term. Any extension beyond the original term of this Agreement is contingent upon
the Parties negotiating in good faith any changes to the terms of this Agreement. No
extension shall be effective until it is reduced to writing and signed by both Parties.
2. YMCA DUTIES AND OBLIGATIONS.
(a) Summer Youth Learn-to-Swim Programs:
(1) YMCA shall organize, administer and otherwise complete all tasks to
provide the summer youth Learn-to-Swim program on behalf of the City.
(2) YMCA shall offer classes for the program at each of the following
pools: City Park Pool, located at 800 Goodnight Ave., Pueblo, Colorado; Mineral
Palace Park Pool, located at 1600 N. Santa Fe Ave., Pueblo, Colorado; Mitchell Park
Pool, located at 1304 E. 12th St., Pueblo, Colorado; and Bessemer Park Pool, located
at 843 W. Northern Ave., Pueblo, Colorado ("City Swimming Pool Facilities"). YMCA
shall follow all pool rules and regulations which apply to the general public when
using these facilities. YMCA shall have the responsibility to ensure that each facility
is left in satisfactory condition at the conclusion of each Learn-to-Swim class session.
(3) YMCA shall provide five (5) Learn-to-Swim morning program sessions
at the City Swimming Pool Facilities. These programs sessions shall be structured as
follows:
A. YMCA Pre-school Learn-to-Swim morning program sessions shall
be eight (8) class lessons in length and shall be scheduled as provided herein.
During each session, lessons shall be held every Monday through Thursday
with Friday mornings reserved for possible class make-ups. Each lesson shall
be thirty (30) minutes in duration.
B. YMCA School-age Learn-to-Swim morning program sessions will
be eight (8) classes in length, and shall be scheduled as provided herein.
During each session, lessons shall be held every Monday through Thursday
with Friday mornings reserved for possible class make-ups. Each lesson shall
be forty-five (45) minutes in duration.
C. Classes for both programs will begin between 8:00 a.m. and 8:30
a.m. (depending upon the pool schedule then in effect) and conclude
between 11:45 a.m. and 12:00 p.m.
D. Program Sessions shall be conducted as follows:
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i) Session I —June 8 through June 11- Mini-session (City Park
Pool only)
ii) Session Il—June 15 through June 25
iii) Session Ill —June 29 through July 9
iv) Session IV—July 13 through July 23
v) Session V—July 27 through August 6
(4) YMCA shall provide two (2) Learn-to-Swim evening program sessions
at City Park Pool only.
A. YMCA Pre-school Learn-to-Swim evening program sessions will be
eight (8) classes in length and shall be scheduled as provided herein. During
each session, lessons shall be held every Tuesday and Thursday evening. If
necessary and provided the same is not in conflict with the City's schedule or
use of the pool which shall take priority, program make-up classes may be
held on Wednesday evenings. Each lesson shall be thirty (30) minutes in
duration held from 6:00 p.m. to 6:30 p.m.
B. YMCA School-age Learn-to-Swim evening program sessions will be
eight (8) classes in length and shall be scheduled as provided herein. During
each session, lessons shall be held every Tuesday and Thursday evening. If
necessary, program make-up classes may be held on July 7 and July 9 only,
which dates shall be reserved for such purpose. Each lesson shall be forty-
five (45) minutes in duration held from 6:00 p.m. to 6:45 p.m.
C. Sessions shall be conducted as follows:
i) Session I—June 9 through July 2
ii) Session II —July 14 through August 6
(5) YMCA shall provide one (1) Learn-to-Swim morning program session
at City Park Pool only.
A. YMCA Pre-School Learn-to-Swim morning program sessions will
be eight (8) classes in length and shall be scheduled as provided herein.
During the session, lessons shall be held every Saturday morning with Friday
mornings reserved for possible class make-ups. Each lesson shall be thirty
(30) minutes in duration.
B. YMCA School-age Learn-to-Swim morning program sessions will
be eight (8) classes in length and shall be scheduled as provided herein.
During the session, lessons shall be held every Saturday morning with Friday
mornings reserved for possible class make-ups. Each lesson shall be forty-five
(45) minutes in duration.
Page 3 of 14
C. Classes for both programs will begin between 8:00 a.m. and 8:30
a.m. (depending upon the pool schedule then in effect) and conclude
between 11:45 a.m. and 12:00 p.m.
D. Session shall be conducted as follows:
i) Session I —June 13 through August 8
(6) If additional time is unallocated or otherwise available in the City
Swimming Pool Facilities' schedules, YMCA may request time in addition to that
described above for Learn-to-Swim programming opportunities. Such request shall
be submitted to the City Parks & Recreation Department Director and may be
granted if deemed appropriate in his sole and absolute discretion.
(7) YMCA shall be responsible for conducting all Learn-to-Swim program
registration.
(8) YMCA Learn-to-Swim program fees shall be as follows — Pre-school: Y
members $20 per child/per session; Community members $40 per child/per session.
School-age: Y members $24 per child/per session; Community members $48 per
child/per session.
(9) YMCA shall retain all revenue generated through the summer youth
Learn-to-Swim programs.
(b) Summer Water Aerobics:
(1) YMCA shall organize, administer and otherwise complete all tasks to
provide the Summer Water Aerobics program on behalf of the City.
(2) YMCA shall offer classes for the program at City Park Pool only,
located at 800 Goodnight Ave., Pueblo, Colorado. YMCA shall follow all pool rules
and regulations which apply to the general public when using this facility. YMCA
shall have the responsibility to ensure that the facility is left in satisfactory condition
at the conclusion of each water aerobics class.
(3) YMCA shall provide water aerobics programming at City Park Pool
only. This program session shall be structured as follows:
A. YMCA water aerobics classes shall be held four (4) days per week
from Monday through Thursday. Each class shall be forty-five (45) minutes in
duration from 5:15 p.m. to 6:00 p.m.
B. Session shall be conducted as follows:
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ii) Session I— through
(4) YMCA water aerobics program fees shall be as follows — free of
charge to members of the YMCA and $2 per class/community members.
(5) The $2 per class/community member fee will go to the City of Pueblo
Parks and Recreation Department.
(c) Miscellaneous Duties for the Summer Youth Learn-to-Swim and Summer Water
Aerobics Programs:
(1) YMCA shall not sub-lease any of the City Swimming Pool Facilities
noted in this agreement.
(2) YMCA shall operate the summer Learn-to-Swim and water aerobics
programs according to the YMCA of the United States National guidelines, and in
accordance with all federal, state, and local laws and regulations.
(3) YMCA shall provide adequate staffing which meets the requirements
of the YMCA Aquatics Manual and the YMCA of the USA guidelines, both in terms of
number of staff and the skills of the staff assigned by the YMCA for the summer
Learn-to-Swim and water aerobics programs.
(4) YMCA, in partnership with the City, shall support recruitment and
training of aquatics program staff, including both lifeguard and swim instructors.
(5) YMCA shall recruit,train, compensate, supervise, certify, and evaluate
Learn-to-Swim and water aerobics program staff for proper and satisfactory
performance of class instruction and all other program related duties in
conformance with the Pueblo YMCA Aquatics Manual and the YMCA of the USA
guidelines.
(6) YMCA shall ensure that all appropriate Learn-to-Swim and water
aerobics program staff are trained and certified according to the YMCA of the USA
guidelines and in accordance with all federal, state, and local laws and regulations.
(7) YMCA shall authorize a YUSA sanction number for the City of Pueblo
Learn-to-Swim, water aerobics, and Lifeguard trainers.
(8) YMCA shall support a positive working environment for the City and Y
employees to work TOGETHER to provide quality, efficient programming to the
community of Pueblo.
(9) YMCA shall provide the City all registration information pertinent to
this partnership in order for the City to assist with the promotion of the programs
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and provide answers to FAQ in its Summer Activity Guide and on the City web page.
(10) YMCA shall display the City of Pueblo Parks and Recreation
Department logo on all printed and on-line posted material associated with the
summer Learn-to-Swim and water aerobics programs.
(d) Summer Youth Baseball Programs:
(1) YMCA shall permit City to be the exclusive provider of summer youth
baseball programs within the geographic limits of the City and County of Pueblo.
YMCA will not offer a youth baseball program during the Term of this agreement.
"Baseball programs" includes t-ball and pitching machine lessons and other
programs.
(2) YMCA shall provide the City with a database of previous summer
baseball participants so the City can inform them of the upcoming summer baseball
program offerings.
(3) YMCA shall allow City to utilize YMCA resources to promote the
summer youth baseball program to its membership as well as the ability to promote
other non-competing programs or events to the YMCA members.
3. CITY DUTIES AND OBLIGATIONS.
(a) Summer Youth Learn-to-Swim and Summer Water Aerobics Programs:
(1) City shall not offer a Learn-to-Swim program within the geographical
limits of the City and County of Pueblo during the length of this agreement.
(2) City shall provide staff to confer, as appropriate to task, with YMCA
aquatics staff to ensure that the programs meet current needs of both agencies,
including but not limited to, scope of activities offered, pool and program
management and operations, and problem resolution.
(3) City, in partnership with the YMCA, shall support recruitment and
training of aquatic program staff, including both Lifeguard, Learn-to-Swim, and
water aerobics Instructors.
(4) City shall provide certified trainers to conduct the YMCA of the USA
Lifeguard Certification to both City and YMCA potential employees. City will
compensate the Lifeguard Trainer on the dates of training.
(5) City shall support a positive working environment for the YMCA and
City employees to work TOGETHER to provide quality, efficient programming to the
community of Pueblo.
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(6) City shall review YMCA Learn-to-Swim program registration
procedures to assure that the needs of the City residents and YMCA members are
being accommodated.
(7) City shall provide the YMCA with a database of previous Learn-to-
Swim program participants so the YMCA can inform them of the upcoming summer
program offerings.
(8) City shall provide the "standard maintenance" of the City pools
associated with the summer Learn-to-Swim and water aerobics programs. "Standard
maintenance" refers to the routine expenditures in connection with the use of the
pools such as cleaning, disinfecting, heating, lighting, water, and similar items which
are regularly incurred and for minor operating repairs to the fixed equipment,
swimming pool, buildings, heating system, plumbing, hardware, and emergency
repairs of similar nature.
(9) The City of Pueblo Parks and Recreation Department will not offer
programming in the City Swimming Pool Facilities during the time those facilities are
reserved for the exclusive use of the summer Learn-to-Swim and water aerobics
programs.
(b) Summer Youth Baseball Programs:
(1) City shall be responsible for conducting all summer youth baseball,
including t-ball and pitching machine, program registration.
(2) City shall retain all revenue generated through the summer youth
baseball programs.
(3) City summer youth baseball program fees shall be as follows:
A. T-Ball: $40 per child/per season (fees will apply to all registrations
past deadlines).
B. Pitching Machine: $45 per child/per season (fees will apply to all
registration past deadlines).
(4) City shall provide to the YMCA all registration information pertinent
to this partnership in order for the YMCA to assist with the promotion of the
baseball programs and provide answers to FAQ in its Summer Activity Guide and on
the YMCA web page.
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4. EQUIPMENT.
(a) Sharing of Equipment. City and the YMCA agree to share existing program
equipment for the benefit of the participants of the summer Learn-to-Swim, water aerobics,
and baseball programs.
(b) No Representation or Warranty of Condition or Fitness. PROGRAM
EQUIPMENT IS PROVIDED ON AN "AS IS" "WITH ALL ITS FAULTS" BASIS, AND THE PARTIES
MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OR FITNESS OF THE
PROPERTY FOR EVENTS OR FOR ANY PARTICULAR USE OR PURPOSE.
(c) Repair or Replacement. If for any reason the existing equipment for a
program becomes damaged or unusable, the party conducting the respective program shall
have the burden to repair or replace damaged equipment at their sole expense.
Replacement equipment must be of equal or better value.
S. PROMOTION AND ADVERTISING.
(a) City and YMCA agree to properly represent and recognize their partnership
through use of program logos and to accurately credit each other in ALL promotional
materials related to the programs covered under this Agreement. Promotional materials
include, but are not limited to, the City's Activities Guide, the YMCA's Camps and Programs
catalogue, web sites, and flyers.
(b) Proposed program descriptions and schedules shall be provided by the YMCA
to the City for inclusion in the City's seasonal activities brochures. All program descriptions
and schedules must be provided to the City by deadlines established by the City's brochure
development schedule which will be provided by the City to the YMCA upon execution of
this Agreement.
(c) YMCA shall be allowed to hang promotional material, including banners,
within the City Swimming Pool Facilities during the duration of the Learn-to-Swim programs
in order to promote the partnership between the YMCA and the City and to promote the
upcoming Learn-to-Swim program registration and program dates.
(d) City shall be allowed to hang promotional material, including banners, within
the YMCA during the duration of the youth baseball programs in order to promote the
partnership between the YMCA and the City and to promote the upcoming youth baseball
program registration and program dates.
(e) Each agency agrees to work within their own organization to actively
promote the programs. Each agency shall work to assure an accurate representation of the
partnership in advertising and promotion of programs.
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(f) Each agency shall provide a copy of promotional materials for review and
approval prior to printing and distribution of materials, whenever practicable.
(g) City shall display the YMCA logo on all printed and on-line posted material
associated with all the said programs. YMCA shall display the City logo on all printed and on-
line posted material associated with all the said programs.
6. ASSUMPTION OF RISK, INDEMNITY,AND INSURANCE.
(a) Assumption of Risk. YMCA agrees to assume the risk of all injuries, including
death, to persons, and damage to or destruction of property, including loss of use thereof,
arising out of, in whole or part, the YMCA's presence on City property in connection with
this Agreement.
(b) Indemnity. YMCA holds harmless and agrees to indemnify the City of
Pueblo, its officers, employees, and directors from and against any and all liability, loss,
injury, damage, claim, suit,judgment, cost and expense, including reasonable attorney fees,
and expert witness fees, of whatsoever kind or nature arising out of or resulting from,
directly or indirectly, the YMCA's violation of any law, ordinance, regulation or court order,
or the intentional or negligent acts or omissions of the YMCA, its employees or agents while
present on City property in connection with this agreement. To the extent permitted by law,
the City agrees to hold harmless and indemnify the YMCA, its officers, employees, and
directors from and against any and all liability, loss, injury, damage, claim, suit, judgment,
cost and expense, including reasonable attorney fees, and expert witness fees, arising from
the City's violation of any law, ordinance, regulation or court order, or the breach of this
contract. Notwithstanding anything herein to the contrary, any liability of either party
hereunder shall be subject to the limits on either party's liability contained in the provisions
of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
(c) Liability Insurance. YMCA shall maintain general liability insurance at all
times during the Term of this Agreement and any extension thereof. This insurance shall be
written in amounts not less than $1,000,000.00 for each occurrence and $2,000,000
aggregate. This policy of insurance shall be endorsed naming City as an additional insured.
A copy of the Certificate of Liability Insurance must be on file with the City at the time this
Agreement is approved by both Parties. The general liability insurance policy shall contain a
waiver of subrogation. City shall maintain its membership in the CIRSA risk sharing
agreement during the Term of this Agreement and any extension thereof, which provided
general liability limits in the amount of$5,000,000 for each claim.
(d) Workers' Compensation Insurance. YMCA shall maintain Worker's
Compensation insurance that complies with the provisions of the Workers' Compensation
Act, as amended, of the State of Colorado, at all times during the Term of this Agreement
and any extension thereof. Such insurance shall cover all employees of YMCA performing
work on City property irrespective of whether such employees may be shareholders,
managers, partners, owners, or exempt employees under the Act. The Workers'
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Compensation Insurance policy shall contain an endorsement waiving subrogation against
the City.
7. TERMINATION AND DEFAULT.
(a) Default and Correction. If either party is in default hereunder, the non-
defaulting party may give written notice describing the default to the defaulting party. If the
defaulting party does not correct such default within twenty (20) days after such written
notice is placed in the U.S. mail, first class postage pre-paid, or if the default cannot be
corrected within said 20-day period and the defaulting party fails to commence action to
correct the default within said 20-day period and thereafter diligently pursue corrective
action, the non-defaulting party may upon an additional five (5) days' notice given to the
defaulting party terminate this Agreement.
(b) Termination Without Cause. 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.
8. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING
WORK.
(a) At or prior to the time for execution of this Agreement YMCA shall submit to
the Purchasing Agent of City its certification that it does not knowingly employ or contract
with an illegal alien who will perform work under this Agreement and that YMCA will
participate in either the "E-Verify Program" created in Public Law 208, 104th Congress, as
amended and expanded in Public Law 156, 108th Congress, as amended, that is
administered by the United States Department of Homeland Security or the "Department
Program" established pursuant to § 8-17.5-102(5)(c) C.R.S. that is administered by the
Colorado Department of Labor and Employment in order to confirm the employment
eligibility of all employees who are newly hired for employment to perform work under this
Agreement.
(b) YMCA shall not:
(1) Knowingly employ or contract with an illegal alien to perform work
under this Agreement;
(2) Enter into an Agreement with a subcontractor that fails to certify to
YMCA that the subcontractor shall not knowingly employ or Agreement with an illegal
alien to perform work under this Agreement.
(c) The following state-imposed requirements apply to this Agreement:
(1) YMCA shall confirm the employment eligibility of all employees who
are newly hired for employment to perform work under this Agreement through
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participation in either the E-Verify Program or Department Program.
(2) YMCA is prohibited from using either the E-Verify Program or
Department Program procedures to undertake pre-employment screening of job
applicants while this Agreement is being performed.
(3) If YMCA obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, YMCA
shall:
A. Notify the subcontractor and the City's Purchasing Agent within
three (3) days that YMCA has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three
(3) days of receiving the notice required pursuant to subparagraph (c)(3)(A.)
above the subcontractor does not stop employing or contracting with the illegal
alien; except that YMCA shall not terminate the Agreement with the
subcontractor if, during such three (3) days, the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
(4) 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 Section by YMCA shall constitute a breach of Agreement and
grounds for termination. In the event of such termination, YMCA shall be liable for City's
actual and consequential damages.
(e) As used in this Section, the term "subcontractor" shall mean any
subcontractor of YMCA rendering services within the scope of this Agreement.
9. NOTICE. Any notice required or permitted to be given hereunder shall be in writing
and delivered personally or by certified mail, postage prepaid, as follows:
(a) If to City, Director of Parks and Recreation, City of Pueblo, 800 Goodnight
Ave., Pueblo, Colorado 81005; and City Manager, City of Pueblo, 200 South Main Street,
Pueblo, Colorado 81003.
(b) If to YMCA: Director, YMCA of Pueblo, 3200 E. Spaulding Ave., Pueblo,
Colorado 81008.
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10. MISCELLANEOUS.
(a) Integrations, Severability, Amendment, and Counterparts. This Agreement
represents the entire agreement between the Parties and supersedes all prior discussions,
proposals, representations, and written agreements or understandings. If any provision of
this Agreement is held invalid or unenforceable, no other provision shall be affected by such
holding, and all of the remaining provisions of this Agreement shall continue in full force
and effect. 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.
This Agreement may be executed in multiple counterparts, each of which shall bedeemed
an original, and all of which together constitute one and the same agreement.
(b) Additional Documents. The Parties agree to execute any additional
documents or take any additional action that may be necessary to carry out this Agreement.
(c) Section Captions. The captions of the paragraphs are set forth only for the
convenience and reference of the Parties and are not intended in any way to define, limit or
describe the scope or intent of this Agreement.
(d) Binding Effect. This Agreement shall inure to the benefit of, and be binding
upon, the Parties, their respective legal representatives, successors, and assigns; provided,
however, that nothing in this paragraph shall be construed to permit the assignment of this
Agreement except as otherwise expressly authorized herein.
(e) Assignment. This Agreement shall not be assigned by YMCA without the
prior written consent of the City, which consent may be granted, denied, or conditioned in
City's sole and absolute discretion.
(f) No Third Party Beneficiaries; No Waiver of Immunities. This Agreement is
for the sole benefit City and YMCA and no third party shall have any right, remedy or
benefit hereunder. Nothing in this Agreement is intended, nor should it be construed, to
create any rights, claims, or benefits or assume any liability for or on behalf of any third
party, or to waive any immunities or limitations conferred upon City under or by virtue of
federal or state law, including but not limited to the Colorado Governmental Immunity Act,
§ 24-10-101 et seq., C.R.S.
(g) Waiver of Breach. 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.
(h) No Multi-year Fiscal Obligation on City. 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.
Page 12 of 14
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 2014, 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, including any sub-agreement, attachment, schedule, or
exhibit thereto, by the City.
(i) Tax-exempt. The City is exempt from taxes. Any real, sales, or use tax owed
on real or personal property owned by YMCA shall be the sole responsibility of and paid by
YMCA.
(j) Force Majeure. 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 any of the City Swimming Pool Facilities by reason of
fire, storm or other casualty loss that renders one or all the City Swimming Pool Facilities (or
a material portion thereof) untenantable, City shall use reasonable efforts to remedy such
situation. If notwithstanding such efforts, such damage or destruction is expected to render
one or all of the City Swimming Pool Facilities (or a material portion thereof) untenantable
for a period estimated by an engineer or architect selected by City, 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.
(k) Authority of Signers. Each person signing this Agreement on behalf of a party
represents and warrants that he or she has the requisite power and authority to enter into,
execute, and deliver this Agreement on behalf of such party and that this Agreement is a
valid and legally binding obligation of such party enforceable against it in accordance with
its terms.
(I) Attorney's Fees and Costs of Collections. In the event that it becomes
necessary for either Party to bring any action or proceeding to collect unpaid fees, costs, or
other sums due under this Agreement, to enforce any provision of this Agreement, to
recover damages for a breach of this Agreement, or to seek specific performance of this
Agreement, the prevailing party shall be entitled to collect its reasonable attorneys fees,
costs of suit, and costs of collection as part of the judgment in such action or proceeding.
(m) Certain Provisions Survive Expiration and Termination. The provisions of
this Agreement pertaining to insurance, releases, indemnification, payments to the City,
and liability shall survive the expiration of the term of this Agreement and termination of
this Agreement and continue in effect for a period of five years following the termination of
this Agreement and for such further time as it may take to completely and finally negotiate,
settle, or litigate any claim or suit concerning the same.
Page 13 of 14
(n) Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo
County, Colorado.
Executed in Pueblo, Colorado as of the day and year first above written.
[SEAL] CITY OF PUEBLO
Attest: By: —„�"–
City rk President of the City Council
Approved as to form:
em:ti,cp .
1‹.00-p4410
City Attorney
[SEAL]
THE PUEBLO YOUNG MEN'S CHRISTIAN ASSOCIATION
Attest: By: At/. 4443,1.".7—
Seretary President
Page 14 of 14
Executed in Pueblo, Colorado as of the day and year first above written.
[ SEAL] CITY OF PUEBLO
Attest: By:
City erk Sam Az , City Manager
Approl. •d as 1 o fo, : 'j/-�
I .r1/A�►ll►IVA .'
(ry on-y
[ SEAL]
THE PUEBLO YOUNG MEN'S CHRISTIAN ASSOCIATION
Attest: By: A, X11, °C1W
Secretary Presi• - t W
Page 4 of 4
EXTENSION OF THE COOPERATION AGREEMENT nn
This Extension of the Cooperation Agreement("Extension") is made and entered into this 23 day
of March, 2017 by and between the City of Pueblo, a Municipal Corporation ("City"), and the Pueblo
Young Men's Christian Association("YMCA"),together the "Parties."
WHEREAS, the Parties entered into A Cooperation Agreement between the City of Pueblo, a Municipal
Corporation, and the Pueblo Young Men's Christian Association, for Cooperation to Operate Certain
Swimming and Baseball Programs dated May 11, 2015 ("Cooperation Agreement");
WHEREAS, the Cooperation Agreement may be extended for up to one (1) additional two (2) year term
by one party giving the other written notice of its intent to exercise the option within one hundred and
twenty(120)days prior to the expiration of the initial term; and
WHEREAS, pursuant to the Amendment to the Cooperation Agreement dated June 1, 2016
("Amendment"), the expiration of the initial term falls on May 31, 2017, and written notice was provided
by the City to the YMCA within one hundred and twenty(120)days of that date.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and
YMCA agree as follows:
1. The Cooperation Agreement shall be extended for one (1) additional two (2) year term to expire on
May 31, 2019, unless sooner terminated pursuant to the terms of the Cooperation Agreement.
Executed in Pueblo, Colorado as of the day and year first written above.
CITY OF PUEBLO, A MUNICIPAL CORPORATION
• a A
\.7N.
Atte s't- flc U) 41'LL%L By: AMIN►
City Clerk U Sam Azad, 'ity Manager
Approved as to form:
1-<-01
\ om'—Q.
City Attorney
THE PUEBLO YOUNG MEN'S CHRISTIAN ASSOCIATION
Attest.– II i ii .
'::!ir... By:
Sec t. : Director
FOURTH AMENDMENT TO A COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO,A
MUNICIPAL CORPORATION, AND THE PUEBLO YOUNG MEN'S CHRISTIAN ASSOCIATION, FOR
COOPERATION TO OPERATE CERTAIN SWIMMING AND BASEBALL PROGRAMS
THIS FOURTH AMENDMENT is entered into on this � day of 1QAuA.ty , 20 by
and between the City of Pueblo, a Municipal Corporation ("City"), and the Puebl Young Men's
Christian Association ("YMCA"):
RECITALS
WHEREAS, City and YMCA entered into the Cooperation Agreement between the City of
Pueblo, a Municipal Corporation, and the Pueblo Young Men's Christian Association, for
Cooperation to Operate Certain Swimming and Baseball Programs ("Cooperation Agreement")
on May 11, 2015; and
WHEREAS, City and YMCA entered into the first Amendment to the Cooperation
Agreement ("Amendment No. 1") dated June 1, 2016, extending the term of the agreement to
May 31, 2017 and amending various provisions related to swim programs; and
WHEREAS, City and YMCA entered into the Extension of the Cooperation Agreement
("Amendment No. 2") dated March 23, 2017, extending the term of the agreement to May 31,
2019; and
WHEREAS, City and YMCA entered into the Third Amendment to the Cooperation
Agreement("Amendment No. 3")dated November 8, 2019,extending the term of the agreement
to August 31, 2020; and
WHEREAS, City and YMCA desire to extend the term of the Cooperation Agreement as set
forth herein.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and YMCA agree as follows:
AGREEMENT
1. Section 1(a) of the Cooperation Agreement is hereby amended to extend the term of the
agreement to end on December 31, 2022, unless sooner terminated pursuant to the terms of the
Cooperation Agreement.
2. Except as expressly modified by this amendment, the Cooperation Agreement shall
remain in full force and effect. Except as hereby modified, the obligations of either party to be
performed under the amended Cooperation Agreement are not waived nor excused in any
manner but shall be performed in accordance with the terms and conditions of the Cooperation
Page 1 of 2
Agreement as it existed prior to this amendment.
Executed in Pueblo, Colorado as of the day and year first above written.
[ SEAL] CITY OF PUEBLO
Ln cd�o atm/ult.) By: 7/�ti�� •
Attest.
City Clerk Nicholas A. Gradisar, Mayor
Approved as to form:
l
c A'rc,,. City Attorney
[ SEAL]
THE PUEBLO YOUNG MEN'S CHRISTIAN ASSOCIATION
Attest: By: 'A$
Secretary isident
Page 2 of 2