2010 YMCA/Fritz Burns Pool OperationOPERATION AND MAINTENANCE AGREEMENT
FOR THE FRITZ BURNS POOL
This Operation and Maintenance Agreement for the Fritz Burns Pool (the "AGREEMENT") is
made and executed this 28th day of December 2009 ("Effective Date"), by and between the CITY
OF LA QUINTA, a municipal corporation, hereinafter referred to as the "City," and the FAMILY
YMCA OF THE DESERT, a non-profit organization, hereinafter referred to as the "YMCA."
WITNESSETH
WHEREAS, the City owns a municipal swimming pool in the Fritz Burns Park located within
the City ("Fritz Burns Pool"), and
WHEREAS, the YMCA desires and agrees to assume the supervision, control, maintenance,
and operation of the Fritz Burns Pool for the purposes of providing recreational activities for the
community under the terms of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual promises and
covenants set forth herein, YMCA and City agree as follows:
1. General Operation. YMCA shall operate and maintain the Fritz Burns Pool as a
public swimming pool facility commencing on the Effective Date. YMCA and City shall determine
the dates and hours that the Fritz Burns Pool shall be open to the public ("Pool Season"). The
Fritz Burns Pool shall be open to the public every day during the Pool Season. Attachment "A"
provides City recommended dates and hours for the Pool Season. The City and YMCA shall
mutually agree upon the Pool Season no later than January 15, 2010. If the parties cannot agree
upon the Pool Season by the January 15, 2010 deadline, this Agreement shall terminate effective
the following day (January 16, 2010). Notwithstanding the foregoing, upon written consent from
both parties, the established Pool Season may be modified to reflect the actual use of the Fritz
Burns Pool or for any other reason deemed appropriate by the parties.
2. Term. This Agreement shall automatically renew each year on the Effective Date
unless either party terminates the Agreement subject to Section 3 of the Agreement.
3. Termination. Either party has the right to terminate this Agreement with or without
good cause. For terminations without good cause, six months written notice of a decision to
terminate shall be given by the terminating party to the non -terminating party prior to the effective
date of the termination.
4. Definition of Fritz Burns Pool.
a. It is understood and agreed that the pool area is part of and within a City
owned and operated park and that the responsibility of YMCA under this Agreement
extends only to that portion within the area outlined in red in Attachment "B" attached
hereto and made a part hereof, which said area includes the Fritz Burns Pool, wading pool,
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pool equipment, associated pool buildings, maintenance equipment, and related personal
property. When used in this Agreement, the term "Fritz Burns Pool" shall include the entire
pool facility described in this Section, as shown on Attachment "B."
b. YMCA and City staff shall coordinate maintenance of the Fritz Burns Park
and the Fritz Burns Pool to ensure smooth operation of the overall facility.
5. Recreation Services. YMCA shall provide recreation services to the public at the
Fritz Burns Pool during the Pool Season. Such services shall include adult and youth swimming
activities, senior and adult water aerobic classes, open swimming, lap swimming, and such
additional recreation services as YMCA, in its discretion, may determine are desirable. The YMCA
shall then provide the City with a pool schedule for the summer season no later than January 8,
2010, so that the City may assist with marketing by providing information in the City's 2010
Spring/Summer Activities Guide. Thereafter, the YMCA shall provide the City with copies of all
marketing and promotional materials such as brochures and fliers that advertise the open swim
schedule, swim lessons, and all aquatic special events. YMCA shall provide updated promotional
materials to the City if changes or additions to pool schedule occur.
6. Major Repair and Replacement Work. The City shall be solely responsible for
causing the completion of all major repairs and replacement of equipment such as plumbing,
electrical, filter system, pumps, heaters and chlorinators, as well as structural repair and
replacement of the facilities and equipment ("Major Repairs") within the Fritz Burns Pool premises;
provided, however, that YMCA shall be solely responsible for reporting any repair needs to the
City as soon as they are identified.
7. Fritz Burns Pool Maintenance Services. The Fritz Burns Pool and the equipment
related thereto shall be maintained in a good and workmanlike manner, and the Fritz Burns Pool
shall be maintained in good operating condition. In order to uphold accountability for pool
maintenance and operating conditions, the City and YMCA have developed and agreed upon a
written evaluation checklist, attached hereto as Attachment "C." This checklist includes the
evaluation of such issues as water quality; safety signs and lifesaving equipment; pool equipment
and operation; decking and pool condition; pool house condition; and pool personnel duties. The
City recreation supervisor and the YMCA aquatics director, or their approved designees, shall
meet weekly or on an as needed basis during the season to review and complete the checklist.
Completed checklist evaluations will be kept on file with the City.
The City shall be responsible for the end of the day janitorial service of the pool house and paper
products for the pool house. The YMCA shall be responsible for policing the pool house and pool
deck on a regular basis during use (required conditions to be checked are stated within
Attachment "C"). The City shall contract with a pool service to have the pools cleaned three
times weekly including all chemicals with the filters being cleaned once per quarter. The YMCA
will test the water on an hourly basis during use and add chlorine tablets to the chlorination
system as needed. The City will provide the YMCA with a pool test kit, portable pool vacuum,
and training on how to operate the chlorination system so as the YMCA may use daily to keep the
pool clean and sanitary for use. The YMCA will ensure the pool complies with the most current
Riverside County Health Department standards.
8. Personnel. In providing recreation services under this Agreement, YMCA shall
employ only personnel who have been properly trained, certified (if appropriate for the position at
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issue), and screened by YMCA in accordance with YMCA's personnel policy rules, as amended
from time to time. In carrying out this Agreement, YMCA shall not discriminate against any
employee or applicant for employment because of sex, marital status, race, color, religion,
ancestry, age, or national origin.
9. Fees. YMCA shall have the right to charge and collect fees from the public for use
of the Fritz Burns Pool facility and for participation in the recreation programs and activities
provided by YMCA at the Fritz Burns Pool. The City and YMCA shall mutually agree on the use
fees for the Fritz Burns Pool. YMCA, in its sole discretion, shall establish fees for participation in
its recreation programs and activities.
10. Payment for Operation and Maintenance. The City agrees to reimburse the YMCA
fifty percent (500/c)) of the net operating costs incurred by the YMCA; up to a maximum
reimbursement of $15,000. Should the net operating costs exceed the $15,000 maximum
allowable reimbursement, the YMCA must provide the City with justification in advance to
support the additional costs. The City will not be responsible to the costs beyond the $15,000
until the City approves the justification in writing.
11. Compliance. The operation of the Fritz Burns Pool and the recreation services shall
be performed in accordance with all local, state and federal laws, and without discrimination as to
marital status, religion, race, color, age, ancestry, sex, or national origin.
12. Reporting Requirements. YMCA agrees to submit to the City annual reports
covering such areas as operation, maintenance, training, attendance, revenue, and expenditures
of the Fritz Burns Pool. Annual reports shall be submitted to the City by November 1 of every
year.
13. Insurance. YMCA represents that as of the Effective Date it carries, and shall
maintain to carry during the full term of this Agreement, commercial general liability insurance in
the amount of not less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate. YMCA further agrees to name the City as an additional insured
on said insurance in connection with the operation of the Fritz Burns Pool. YMCA shall provide
the City with a Certificate of Insurance and additionally insured endorsement evidencing coverage
for personal injury, property damage, and bodily injury. The insurance required by this Section
shall not be canceled, limited or modified by YMCA or its insurer until thirty (30) days after receipt
by the City of a written notice of such cancellation, limitation or modification of coverage.
14. Indemnification. Each party ("Indemnifying Party") agrees to indemnify, defend and
hold the other party and other party's officers and employees ("Indemnified Parties") harmless
from and against any and all losses, claims, actions, fines, penalties, demands, damages, liabilities
and expenses, including attorney's fees ("Claims"), arising out of the operation and maintenance
of the pool and the provision of recreation services hereunder, occasioned wholly or in part by any
act or failure to act by the Indemnifying Party, its officers, agents, contractors, employees or
servants. In the event the Indemnified Parties are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such Claims, Indemnifying Party shall provide a
defense to the Indemnified Parties and shall be obligated to promptly pay any final judgment or
portion thereof rendered against the Indemnified Parties.
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15. Miscellaneous:
a. Entire Agreement. This writing constitutes the entire agreement of the
parties with respect to the subject matter hereof and may not be modified or amended
except by a writing executed by all parties.
b. No Waiver. No waiver of any breach or default hereunder shall be
considered valid unless in writing, and no such waiver shall be deemed a waiver of any
subsequent breach or default of the same or similar nature.
C. Assignment. This Agreement is personal to YMCA and any assignment of
the rights and obligations set forth hereunder shall require prior written consent from the
City.
d. Successors. Without waiving any restrictions on transfer or assignment
(either voluntary or involuntary) provided herein, this Agreement shall be binding upon, and
shall inure to the benefit of, the parties hereto, their respective heirs, personal
representatives, successors and assigns.
e. Invalidity. If any provision of this Agreement shall be invalid or
unenforceable, such invalidity or unenforceability shall attach only to such provision, and
shall not in any manner affect or render invalid or unenforceable any other severable
provision of this Agreement, and this Agreement shall be carried out as if any such invalid
or unenforceable provision were not contained herein.
f. Headings. The Section headings contained herein are for the purposes of
convenience only and are not intended to define or limit the contents of said sections.
g. Counterparts. The Agreement may be executed in one or more counterparts,
all of which if taken together shall be deemed one original.
h. Time is of the Essence. Time is of the essence with respect to each and
every term, condition, and provision required to be performed under this Agreement.
i. Litigation and Attorney's Fees. In the event of any dispute between the
parties hereto arising out of the terms of this Agreement, the prevailing party in such
dispute shall be entitled to recover from the other party all costs and expenses, including
reasonable attorney's fees (whether incurred during discovery, at trial or on appeal), court
costs, and expert fees incurred by the prevailing party in such dispute, together with all
costs of enforcement and/or collection of any judgment.
j. Choice of Law. This Agreement shall be deemed to be a contract under the
laws of the State of California. For all purposes, it shall be construed and enforced in
accordance with the internal laws of said State, without regard to the principles of
conflicts of law.
k. Notice. All notices, or demands of any kind, served by either party to this
Agreement by the other, shall be in writing and shall be personally delivered, or mailed by
registered or certified mail, return receipt requested, addressed as follows:
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To:
City of La Quinta
P.O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92247-1504
Attn: Edie Hylton, Community Services Director
With Copy to:
M. Katherine Jensen, Esq.
Rutan and Tucker
611 Anton Blvd. 141" Floor
Costa Mesa, CA 92626-1998
To:
Family YMCA of the Desert
43-930 San Pablo Avenue
Palm Desert, CA 92260
(760) 341-9622
Any party may change the address set forth herein, by giving written notice of said change
to the other party.
I. Amendment. This Agreement may not be modified or amended except by a
writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
CITY OF LA QUINTA, a municipal corporation
THOMAS P. GENOVESE, City Manager
ATTEST:
By:
VERONICA MONT CINO, City Clerk
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FAMILY YMCA OF THE DESERT, a non-profit organization
�YPL10
By
ROB B LLEW, Executive Director/CEO
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ATTACHMENT"A"
Recommended Pool Season
Recommended schedule of operation:
A. SPRING: Open the second week of April (April 5 — 9) in order to ensure availability
during the Spring break for schools. The pool shall close on Friday, April 9, 2010.
Open Swim: Monday through Friday, 1 p.m. until 4 p.m.
NOTE: Pool to close after one hour if attendance is less than twelve (12) participants.
YMCA must notify the City immediately if pool is closed.
B. SUMMER: Summer officially begins the first weekend in June after school is out. The
pool shall close on Labor Day.
Swim Lessons: Monday through Friday, 9 a.m. until 1 p.m.
Open Swim: Monday through Friday, 1 :30 p.m. until 4 p.m. and Saturdays, 10 a.m. until
1 p.m. (Closed on Sundays)
Adult Lap Swim: Tuesdays and Thursdays, 5 p.m. until 7:30 p.m.
Adult Water Aerobics: Tuesdays and Thursdays, 6 p.m. until 7 p.m.
Senior Water Aerobics: Mondays, Wednesdays, and Fridays, 8:20 a.m. until 9 a.m.
NOTE: Pool to close after one hour if attendance is less than twelve (12) participants.
YMCA must notify the City immediately if pool is closed.
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ATTACHMENT "B"
Map of Fritz Burns Pool Facility
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ATTACHMENT"C"
Fritz Burns Pool Checklist
Today's Date Time of visit:
WATER QUALITY
Pool water test kit provided
pH maintained between 7.2 and 8.0
Chlorine maintained at a minimum level of 1.5 ppm, but not exceeding 5 ppm.
Water is clear; can see the main drain clearly
No algae in pool water, on sides or bottom, or on tile
SAFETY SIGNS AND LIFE SAVING EQUIPMENT
Required signs posted: a) artificial respiration schematic; b) 911; c) # (number) of
occupants; d) "No Diving" (if pool is less than 6 feet in depth); and e) children under the
age of 14 should not use pool without an adult in attendance.
All signs posted in a conspicuous place and maintained in a legible manner.
Life ring with attached rope to span width of pool from poolside.
Body hook with attached 12 ft. (min.) pole at poolside.
Depth markers clearly visible (located at maximum, middle and minimum depth, and at the
break in slope; on both sides; and at both ends)•
Fully stocked first aid kit.
Spine board with ties within the pool enclosure.
Lifesaving equipment plainly marked "FOR EMERGENCY USE ONLY."
Lifeguard chairs are in proper locations and in safe condition.
POOL AND DECKING
Pool walls and bottom in good condition (no flaking paint, cracks, chips, etc.) and clean.
All handrails are secure (check all nuts and bolts).
Decking and walkways clean and in good condition (no weeds, tripping hazards, large
cracks, depressions, etc.)•
Properly secured anti -vortex covers provided for main drain(s), equalizer lines, and spa
suction lines.
Fencing painted and in good repair; gates easily close and self -latch.
POOL HOUSE
All sinks, toilets, urinals, and showers clean and in good repair.
Floors, walls, and ceilings clean and in good repair.
Hot and cold water provided at all sinks (and showers, if provided).
Soap and towels provided in approved dispensers at hand sinks; toilet tissue provided in all
stalls.
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RECORDS & PERSONNEL
Current Health Permit posted on site
Emergency and important phone numbers are posted for staff
Office phone is in working condition
Daily records of pool maintenance and operation available for review
Pool is under supervision of reliable individual at all times while in operation; all pool staff
are certified lifeguards and aware of all YMCA rules and policies
A copy of all current staff certifications are on site
Lifeguards are stationed around vicinity of pool and in the appropriate positions as required
by the placement and number of swimmers in the pool area
Computer generated signage stating rules, swim schedules, and special events are posted
in front of pool office
COMMENTS:
Signature:
of La
(or designee)
for Fritz Burns Pool (or designee)
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