Loading...
HomeMy WebLinkAboutO-1996-2105 e e ORDINANCE NO. 96-2105 AN ORDINANCE APPROVING, RATIFYING AND CONFIRMING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA YOURG MEN'S CHRISTIAN ASSOCIATION, FOR MANAGEMENT OF THE CITY OF LA PORTE BROOKGLEN PARK POOL FOR THE 1996 SEASON; APPROPRIATING NOT TO EXCEED $7,524.00; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves, ratifies and confirms the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $7,524.00 from Parks and Recreation Account No. 001-800-801-232 to fund said contract. section 2. The City Council officially finds,' determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e . ORDINANCE NO. 96-2105 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 20th day of May, 1996. CITY OF LA PORTE By: _1(i(~ Mayor ATTEST: 5,-" _ L~/ Sue Lenes, City secretary ~ttJ Knox W. Askins, City Attorney e e YMCNCOLP2 - Contract SAN JACINTO YM.C.A. CITY OF LA PORTE POOL MANAGEMENT CONTRACT BROOKGLENPARKPOOL This Pool Management Contract (the "Contract") is entered into by and between the San Jacinto YM.C.A., whose address is 1716 Jasmine, Pasadena, Texas, 77503 (hereinafter referred to as ("the Y.M.C.A.") and who agrees to manage as an independent contractor, and not an agent or employee, the Brookglen Park Pool (hereinafter referred to as "the Pool") owned by the City of La Porte (hereinafter referred to as "the City") the terms set forth in this Contract. l. The Y.M.C.A. agrees to perform the following services and to accept lhe following obligalion during the term of the Contract: 1. The Y.M.C.A. will monitor the Pool, deck and fenced areas daily during "swimming season". This includes: checking the PH level, chlorine level, adding chemicals (Head Guard only) as needed and logging those readings and adjustments hourly during open swim hours; checking the total alkalinity level and logging that reading on a weekly basis; policing grounds; sweeping and hosing off the deck area; bagging trash and placing trash curbside on designated days for pickup; cleaning lavatories daily. 2. The Y.M.C.A. will furnish lifeguards during the hours of operation as stated in Appendix A. YM. C.A. guards will be at least sixteen (16) years of age. The Head Guard will be at least eighteen (18) years of age and shall be on duty during all hours that the Pool is in operation. Guards will hold current YM.C.A. or American Red Cross Lifesaving certifications and will be certified in CPR and trained in first aid. Staffing must be based on a ratio of twenty-five (25) swimmers per one (1) lifeguard (25:1). The YM.C.A. retains the right to submit evidence to the City showing just cause of a change in the number of lifeguards to properly oversee the Pool. I f increased staffing is required, the additional cost will be figured according to the Cost Analysis set out in Appendix B. 3. If the Pool is closed due to weather conditions, the lifeguards will clear the Pool area and at least one lifeguard will remain on the Pool premises until normal closing hours unless conditions warrant that it is unsafe to slay on the premises. The additional guards may leave the premises but will be "on call" at home pending clearing weather. 4. Alcohol is not permitted on park or pool grounds al any lime. 5. The YM.C.A. will have exclusive rights to organize and operate swimming lessons. Lessons will be conducted by YM.C.A. swimming instructors, and instructions will be part of the YM.C.A. progressive swimming program. Non-City residents participating in lesson programs must have private vehicle transportation. Specifically, church, day care, and YM.C.A. busses and/or vans are not to be used to bring groups of non-City residents to the lessons. Lessons will follow Y.M.C.A. guidelines for teacher/student ratios. Lessons will be scheduled during the hours that the Pool is closed for public swimming. Citizens of the City page 1 or8 e e YMCAlCOLP2 - Contract of La Porte will have priority in enrolling for aquatic lessons and will be given a Ten Dollar ($10) reduction on fees charged to associate members of the Y.M.C.A. 6. The Y.M.C.A. staff employed at the Brookglen Pool has a right to use the Pool for required lap swim, which is required to retain their Red Cross certification, during any hours the Pool is closed to the community for recreational swim; except after park closing hours. Brookglen Park hours of operation are from 7:00 am. until 10:00 p.m. each day. The Y.M.C.A. shall furnish equipment for lifeguards as it deems necessary, which shall include but not be limited to: whistles, lanyards, uniforms, hat or visor, sunscreen, or other items which may be required for lifeguard's protection or use. 7. The Y.M.C.A. and the City shall work in conjunction and be responsible for the enforcement of the City pool rules. A copy of rules to be enforced is attached as Appendix C. The City shall post and maintain a Pool Rules sign. lJ. The City agrees to perform the following services and to accept the following obligations during the term of the Contract: 1. The City will pay the Y.M.C.A. the total sum of Seven Thousand Five Hundred Twenty Four Dollars ($7,524.00) during the four (4) month period commencing in May, 1996 and ending in August, 1996 as outlined in Appendix B. In the event of changes in pool usage and staffing, this amount will be adjusted accordingly by mutual agreement of both parties. 2. The City agrees to pay the total sum of Seven Thousand Five Hundred Twenty Four Dollars ($7,524.00) in the amounts and months indicated in the schedule below. All amounts are due ten (10) days from the first of each month. The late fee shall be ten percent (10%) of the amount due that month. Billings will be submitted by the twenty-first day of the prior month. PAYMENT SCHEDULE May June July August Total $ 927.00 $2,508.00 $2,508.00 $.L5i.4_0_Q $7,524.00 3. The City will maintain the quality of the Pool water and equipment in proper operating equipment; staff provided by the Y.M.C.A. will contact the City to resolve any water quality or equipment problems as they arise. The City will provide the necessary pool chemicals, equipment, and materials to operate the Pool. 4. The City will provide the necessary janitorial supplies for the sanitary operation of the restrooms and other materials and supplies as may be necessary for operation of the facility, except those materials and supplies directly related to the lifeguard operations. page 2 of 8 e e YMCAlCOLP2 - Contract 5. The City agrees to provide an operational telephone at the Pool during the term of this contract. The City agrees to provide the following safety equipment at the Pool during public swim hours for the term of this contract; one (1) Shepherd's Crook with separate pole; one (1) ring buoy with throw rope, one (I) backboard with 4 straps and head immobilizer; three (3) rescue tubes; one (1) pair safety goggles; one (1) pair rubber gloves; one (1) pair of steel-toed rubber boots; one (1) stocked first-aid kit; one (I) Material Safety Data Book; one (I) approved fire extinguisher. III The Y.M.C.A. agrees as its sole liability to indemnify, defend, protect, and hold harmless the City of La Porte from liability, responsibility, or losses arising out of any negligent act or omission or any willful wrongdoing on the part of the Y. M. C.A. or any employee of the Y .M. C.A. Conducting of swim lessons shall be a part of this indemnification. The Y.M.C.A. specifically agrees to assume sole and total liability to indemnify, defend, protect and hold harmless the City of La Porte from liability, responsibility or losses arising from any and all incidents, accidents, or claims that may result from Y.M.C.A. conducted, sponsored or operated events to include but not be limited to; swim lessons, parties, and other events conducted at the Brookglen Park Pool. The City agrees to indemnify, defend, protect, and hold harmless the Y.M.C.A. from liability, responsibility, or loss arising out of any negligent act or omission or any willful wrongdoing on the part of the City or any agent or employee of the City. All salaries to be paid as a result of this contract shall include worker's compensation, social security, unemployment insurance and travel. The actual salaries shall be paid at the discretion of the Y.M.C.A. The Y.M.C.A. shall furnish to the City a certificate of insurance or other evidence showing property liability insurance coverage and worker's compensation insurance coverage for its staff for the duration of the contract. IV. This instrument contains the entire agreement between the parties relating to the rights granted in the contract and the obligations assumed as a part of the contract. Any representations or modifications concerning this contract shall have no force or effect unless modified in writing, and signed by each party to the agreement. V. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this contract shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this contract. The contract shall be in force from May, 1996 until August, 1996. IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have the effect of an original as follows: page 3 of 8 . e YMCNCOLP2 - Contract (A) It has been executed on behalf of the City on the _ day of May, 1996, by its City Manager and attested by its City Secretary, pursuant to an Ordinance of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf of the Y.M. C.A. on the _ day of May, 1996, by Executive Director and attested by its Secretary, pursuant to signature of the Senior Vice President, Y.M.C.A. of the Greater Houston Area; authorizing such execution. CITY OF LA PORTE A TrEST: ~~b ~ Sue Lenes, City Secretary By:~~ T. \t~,-" Robert T. Herrera, City Manager SAN JACINTO Y.M.C. Y.M.C.A. OF THE GREATER HOUSTON AREA By: {c/.:t~ It,-,~ Wayne Brewe , Sr. Vice President A TrEST: Secretary page 4 of 8 e e YMCAlCOLP2 - Contract APPENDIX A Brookglen Park Pool 3324 Somerton The Brookglen Park Pool 1996 season is scheduled as follows: The Pool will open to the public on May 23, '1996 and close on August 18, 1996. Days and Hours of operation are as follows: Tuesday through Sunday of each week the Pool will open at 12:00 noon and close at 6:00 p.m. Monday (Memorial Day only) the Pool will open at 12:00 noon and close at 6:00 p.m. page S of 8 e YMCA/COLP2 - Contract APPENDIX B SCHEDULE OF PAYMENTS May 9 days X 6 hours X two guards X June 26 days X 6 hours X two guards X July 26 days X 6 hours X two guards X July 26 days X 6 hours X two guards X Aug 12 days X 6 hours X two guards X CI.HANING 3..hrs-p.eLWe.ek X .ll.w.eeks X SUBTOTAL 15% ADMINISTRATIVE FEE TOTAL FEES page 6 of 8 e $7.15 per hour $772.00 $7.15 per hour 2,231. 00 $7.15 per hour 2,231. 00 $7.15 per hour 2,231.00 $7.15 per hour 1,030.00 $.1.l5-p.er..ho.ur 27!lD.U 6,543.00 981.00 $7,524.00 e e YMCA/COLP2 - Contract APPENDIX C CITY OF LA PORTE AQUATICS GENERAL RULES AND REGULATIONS The following rules were developcd for your salety and protcction. Pleaso abidc by them. I. Animals are not allowed in the pool area. 2. The following items I situations are not allowed: Items: GUID Situations: Cigarettes Tobacco Products Snorkels or tempered glass mask Frisbees, tennis baUs, or hanl balls Bicycles, skates, or skateboards Diving in shallow areas Profanity Hanging on lane ropes Horseplay Public display of affection Throwing in bathers or allowing them to dive from shoulders or knees 3. Fighting is forbidden. 4. Scuba equipment is not allowed. 5. No glass containers in the facility. 6. Please do not leave valuables unattended. We do not take responsibility for their loss or theft 7. The pool will close for twenty minutes when thunder is heard or lightning is sighted and presents a danger to the public. The pool will reopen twenty minutes allcr the last thunder is heard or lightning is seen. 8. Alcohol and drugs are not allowed in the pool area. (The only exception to this is rentaL<; at the Wave Pool where an alcohol permit has been obtained prior to the rental.) Intoxicated individuals will not be allowed into the facility. 9. Dunking and chicken fighting are not permitted. 10. Fins must be worn only in the water. Walking on deck with fms is not permitted. II. Nerf balls and air mattressesrmner tubes (EXCEPT AT THE W A VB POOL) are allowed in the pool only if pool is not crowded. 12. Baby floats are allowed only if the child is being supervised, within anns reach, by an adult in the designated area. 13. Plastic toys allowed inside the pool area only with adult supervL'lion. 14. Patrons can not have children sitting on their shoulders. IS. Ten minutes to every hour there will be a ten minute salety check when all swimmers will be asked to get out of the pool, except for adults swimming laps. (Exception Wave Pool.) 16. Showers must be taken each time before entering the pool after sunbathing with oil. 17. Swimsuits are required: no cutoffs with out prior approval from the Head Lifeguard. 18. For the health and eJUoyment of yourself and other swimmers, use restrooms as needed. 19. Persons who have evidence of infectious or communicable disease are prohibited from the pool. 20. Remove band-aids before entering the pool. 21. The stairs and ladders are for entering and exiting, do not congregate on stairs. 22. Please dispose of all trash in provided trash cans. 23. No swimming allowed when lifeguards are not present and on stand. 24. The lifeguard is the pool authority and will enforce all rules. If you encounter a problem, plea'le contact the Hcad Lifeguard. 25. Infraction of the above rules may result in loss of swimming privileges. page 7 or8 YMCNCOLP2 - Contract. e APPENDIX C (CONTINUED) CITY OF LA PORTE DIVING WELL RULES AND REGULATIONS 1. Must be able to swim unassisted to use diving boards. 2. No free swim allowed in diving well. 3. No lifejackets or swim aides allowed when using the diving board. 4. Only one person allowed on the diving board at a time. S. Wait for previous diver to reach ladder and exit before diving. 6. Dive or jump straight off end of board only. 7. Swim directly to the ladder and exit. 8. The following practices are not allowed: Unsafe diving (handstands, gainers, cut-aways) Running off board Sitting on board Repeated bouncing Games (Jump or dive) Goggles, masks or fms Personal floatation devices Hanging from the diving board 9. Parents or private instructors may not jump with the child from the board or wait in the water in front of the board for the child to jump. J O. Lifeguards will enforce all rules for the safety of all divers. 11. Please use caution when diving. pBlle 8 of .