HomeMy WebLinkAboutC2008-164 - 5/27/2008 - ApprovedAGREE~VI~NT ~ET~EN I~ITY ~~' I~RP~1 ~I1~TI AND THE ~~UN
11~EN' I~~ITIAN A~~IATI~N ~~ TIDE FATAL BEND
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
This Agreement made and entered into the ~ `day of between the City of
Corpus Christi (hereinafter referred to as the {CITE and the YMCA f the Coastal
Bend {hereinafter referred to as the YMCA).
HER~A, the "CITY" is ~ Texas home rule municipal corporation {`City' }, acting through its
duly authorized City Manager ar designee `City Manage'};
HPIA, the "YMCA", is a Teas non-prof ~t Corporation organized a a tax exempt
charitable organization under Internal Revenue Code section 5~1 ~~} and existing in goad
standing under the laws of the State of Texas;
HER~A, the CITY omens and maintains T.C. Ayers Pao19~ Coke fit. and adjacent grounds
in Corpus Christi} Nueces County, Texas ~"Premises"};
H~REA, the CITY and YMCA wish to enter into an Agreement far YMCA to use the
Premises at T.C. Ayers Pool and adjacent grounds 9~~ Coke t for a swimming progra~rx~
HER~A the CITY wishes to bring summer camp participants from Ben Garza Gyre, I g 1 ~
Hoard, and olan~an Cotes Recreation Center, 9~4 Winnebago, to T~C. Ayers Pool and
adjacent grounds 9~~ Coke t far recreational swim;
N~, THEREFORE, City and Y11~ICA, in Consideration of the mutual promises and covenants
herein, agree as follows;
Section 1. In~ Te m. Subject to the remaining terms and conditions hereof, City agrees to
provide YMCA v~ith use of T,C. Ayers Pool and adjacent grounds located at ~~~ Cake St
beginning an the May ~9, ~Oa~, and terminate August l5, ~a~S.
Section Z, contact Pe~sonlA~reement Adminis#r~tor. For this agreement the CITY's Contact
person and Agreement adrr7inistratar isthe Director o Park and Recreation {"Director"} or the
Director's designee.
e~tion . premises and ~mproven~cnts. The CITY under agreement v~ith the YMCA mill
provide the Premises, as described and delineated in Exhibit "A", v~hich is attached and
incorporated in this Agreement by reference, and including, itliout limitation, all other
improvements to the PrCnalses ~"Improvements"}, such as the fences, irrigation systems, and the
grassed areas. The CITY mill turn the Premises over to the Y11~CA an May ~9, X008. The
YMCA. v~ill return the property at the end of the Agreement to the CITY. The property i11 be
presented by the YMCA in Clean operating condition and as originally presented; less wear and
~008l1G4
Ord. ~~7715 ~d Recreati~nlA t Ci YMCA Ma ~0 2~08.doc
~51~71~5 Y
Yl1~~A of the Coastal Bend
tear of summer use,
ectxon 4. onsidera~ian, In consideration of the C1TY's grant of use of CITY property known
as T.C. Ayers Pool as described in Exhibit "~", the YMCA will operate ~ swimming program
free to the public w~thln the dates of June 9th through August I ~' 208, at the T. . Ayers Pawl,
with minimum operation hours of I : ~0 p.m. to : ~~ p,n~,, Tuesday through Saturday, and must
rnaintn the Premises and all Improvements in accordance with all maintenance rules, with
respect to dais Agreement, set out by the City Manager in effect now and as promulgated in the
future, Failure to maintain the Prerr~ises and all Improvements in accordance with these rules
constitutes grounds for termination of the Agreement At a n~ini~num, maintenance includes:
A. YIVICA shall pickup and properly dispose of litter on a daily basis during `YMCA's
exclusive use periods;
B. YMCA. must immediately report any vandalism occurring at the Pren~~ses to the
Director, or his designee, and the Carpus Christi Police Department, Nueces County, Texas;
C. YMCA must ensure, at all times, that parking by YMCA staff and participants ~s
confined to designated parking areas only;
D, The City shall provide normal, scheduled mowing of the grassed areas of the Premises;
however, YMCA shall treat, or otherwise eliminate, during the term of this Agreement any grass
ar weeds that grow through cracks in the concrete anal pool decking inside the fenced areas of the
Premises;
E. YMCA will perform a chemical check of the pool's water every two hours during
YMCA's exclusive use periods to ensure that the pool water meets the standards found in the
City's Code ofOrdinances, Section ~~57, as amended, copy attached as Exhibit C, Following
the conclusion of each chemical check, YMCA must ensure that the Park Operations Division of
the City's Paxk and Recreation Depart~rnent is notified so that Park Operations staff may rriake
any necessary cherriical ad~ustnaents ill the quality of the pool's water. The City will perform
chemical checks and chemical adjustments ofthe pool's water at ail other times during the term
of the Agreement;
F. YIVICA will maintain a daily chemical log, including the tunes at which pool
chemical checks are made and related results of each chemical check, during YMCA's exclusive
use periods;
Cr. 'YMCA will vacuum {with YMCA supplied vacuum}the pool, remove debris from the
water, a~ad sweep the pool area as needed during the YMCA's exclusive pool use periods.
H, YIVICA will inspect the pool's restraoms daily during YMCA's exclusive use periods;
I. City will provide the following equipment: oxygen, and guard chairs, YMCA. will
provide all other equipment required by Section 23-~7 as well as backboard, life vests, and guard
equipment.
J. YMCA will dean and disinfect the pool's restraon~s daily during YMCA's use of pool.
~~IL~C-DYR1Lisa1~00S Parks and Recr~~tionlAgt City YMCA May ~D 20~S.doc ~
section Joint i~se,
,~. ~'he C1ty retains ~ Dint use Qf the Prerr~~ses and Improvements during the term Df this
Agreement, pub j ect to YIV[~'s right to ex~iusive antral of the ~r~rni~e~ during its use for
swimming program purposes {"exclusive use periods"},
B. Participants from the Ben Garza Byrn and Solomon Coles Recreation Center summer
programs will utilize ~'., Ayers Pool for open swim at no charge. Site supervisors from each
facility will contact the YMCA each week to indicate the appra~imate number of participants
who will visit the pool during the summer programs.
section G, P~imar~ Purpose. YMCA must establish and maintain swimming program free
to the public with the primary purpose being the use of the swimming goal and for no other
purpose without the Director's prior written approval.
ectlan 7. ~~urs of ~~era~ion, YMCA will operate the goal, at a rr~inin~um, from Tuesday
through Saturday frorrr I :aa pm to 5.aa pm,
ectinn S. ~eratin~ Safely,
A. YIVICA covenants that it will operate the Prerrrises in a safe manner. YMCA shall at all times
when pool is apen far public use have on duty t least two {~}lifeguards who hold an
American Red Cross advanced life-saving certificate, YMCA shall be responsible for
ensuring compliance by itself and its agents, representatives, and employees with the water
safety and equipment provisions prescribed in the City's Code of Ordinances, Sections ~3-
'~~}, {~}, and ~S}, as amended, and Section 2~^5~, as amended, during YMCA's exclusive
use periods. Section ~ -5 7 and Section ~~ ~~ ~ are attached as Exhibit ,
B, In addition to the above, YMCA shall have on the Premises, at all tirries during its
exclusive use periods, at least one spinal backboard capable of can~yln an adult.
ectYOn
A., Y11~CA shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices,
ar other lettering {"Signs"} an the Premises or on any Improvements without the Director's prior
written approval. one week prior to ACA's exclusive use of the facility, YMCA will deliver
a list of signs to be posted at the facility far Director's review and approval.
~. If YMCA signs are approved, the director, in writing, may require Yl1~CA to remove,
repair, ar repaint any Signs. If the Signs are not reinaved, repaired, or repainted within ten ~ 1 a}
days of Director's written demand, City inay do or cause the work to be done, and ACA will
pay City's casts with1ri thirty {3a} days of receipt of I]irectar's ~nvoxce.
Section 1~. dvert~sin~. ~'he Director has the right to prohibit any advertising by YI~iCA which
impairs the reputation of the Premises ar the CITY.
Section 11, e~:, YMCA shall contract and pay far any and all security it requires during its
hours oi' operation for the term of this Agreement.
H;1L~C-t]~R1~,isa1~00H Parks and RecreationlAgmt City Y1V~CA May 2a ~U~B.doc
Section I~, Inspection and Maintenance,
A, The City shall maintain the rr~echanical equipment and facility structure of the T. . Ayers
Pool during this Agreement. The City Manager or the Director, or their respective designee, has
the right to inspect the Premises at any tine.
~ ~ The YMCA has the right to request in writing compliance far the proper maintenance of the
mechanical equipment and facility structure of the pool The CITY will respond in regard to the
actions to be taken and appropriate deadlines for the action within five business ~~~ days after
receipt of the request, YMCA naay, with the CITY's prior written perrniss1an, undertake the
maintenance repairs; and in such event, the CYTY sha11 pay YMCA's reasonable costs within 3a
days of receipt of invoice.
section 1. Non-Discrimination. YMCA and CITY shall not discriminate nor permit
discrimination against any person. or group of persons, as to employment and in the provision of
services, activities, and programs related to this Agreement, on the grounds of race, religion„
national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws
of the United States ar the State of Texas. The CITY Director andlor YMCA C,E,D. retain the
right to take such action as the United States nay direct to enforce this non-discrimination
covenant.
section 14. Compliance with Laws.
A, YMCA and CITY must comply with all applicable Federal, State, County, and City laws,
rules, regulations, and ordinances which inay be applicable to its operation at the Premises and
its performance under this Agreement. This Agreement is also subject to applicable provisions of
the CITY Charter
B. All actions brought to enforce compliance will be brought in Nueces County, State of
Texas where this Agreement was executed and will be performed.
section I~ No„,~li~nce fasts. Noncompliance with the terms of this Agreement may result
in termination of this Agreement and repossession of the Premises and its Improvements by City
or its agents. if City undertakes legal action to enforce compliance or collect damages resulting
from noncompliance, YIVICA shall pay all CITY's court casts and expenses, including
reasonable attorneys' fees.
sec#ion 1, Indemni . Y11~ICA must fully indemnify, save and hold harmless the CITY, its
officers, employees, and agents collectively herein referred to as "Indernnitees"}against
any and all liability damage, loss claims, expenses, costs, judgments, de~aands and actions
of any nature whatsoever on account ofinjury or damage to person ~rncluding, without
limi#ation on the foregoing, premises defects, workers compensation, and death clams}, or
property loss or damage of any bind whatsoeverwhich arise out ofor are in any manner
connected with, or are claimed to arise out of or be in any way connected rwith, wither
proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by
Indemnitor's officers, employees, agents, representatives, servants, contractors, patrons,
licensees, or invitees entering upon the premises for swimming program-related activities
H:ILE-DIRILisa1~008 darks and R~creatianlAmt City YMCA May 2~ 20~S.doc 4
undertal~en pursuant to this Agreement; or rwhen any said injury ar damage is the result,
proximate or remote, in whole or in part, of the violation by Indemnitor, or any
Indemuitor's agents representatives servants employees, contractors, patrons, licensees,
or invitees of any laws ordinance or governmental order of any lend.
YMCA covenants and agrees that if Indemnitees, or any of them, are made a party to any
litigation against YMCA or in any litigation commenced by any Party, other than YN~A
relating to this Agreement, YIVIA shall upon receipt of reasonable notice regarding
commencement of litigation and its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend ~ndemnitees, or any of them, in all
actions based thereon with legal counsel satisfactory to Indemnitees, and pay all charges of
attorney's and all other costs and expenses of any kind arising Pram any said liability,
damage, loss, demand, claim, or action.
section 17. insurance,
A. Yl1~CA must secure and maintain at YiVIA's expense, during the term of this agreement,
a an~mercial general Liability insurance policy with the limits and requirements shaman
Exhibit "B," which is attached to this Agreement and xncarporated in this Agreement by
reference.
B, YIVICA must provide proof, by Certificate of Insurance meeting the limits and
requirements set out Exhibit "~", to the Director and Risk Management prior to commencing use
of the Prerriises ar ~ arnt operatiar~ of programs under this agreement.
C. YMCA must provide the Director and Risk Management thirty ~3 ~}days written notice
of caneellatian, intent not to renew, or material change of any insurance coverage required in this
Agreement.
D. Yl1~ICA shall, during the term of this Agreement, prQVide copies of all Insurance pollcles
to the City Manager or the Director upon request.
~~ YMCA shall, prior to any addition or alteration to the ~ren~ises or to the lmpravements,
obtain clearance, in writing, from Risk Management, as per Section 9,A. set nut in this
Agreement. exclusive to T.C. Ayers pool}
F". Failure to maintain such insurance at the limits and requirements shown on Exhibit "B"
constitutes grounds far termination of this Agreement.
section IS, ~o debts, CITY ar YIVICA. rriust not incur any debts ar obligations on the credit each
others behalf during the term of this agreement.
section 19, Termination.
A. Either the City Dr YMCA may terminate this Agreement without cause by giving thirty
~3 0}days written natlce to the non-terminating party.
B. If there is noncompliance with one or more of the provisions contained herein, either
H~ILEC-DIRILisa~2008 Parks and R~~rea~ionlAm~ City 'YMCA May ~~ ~~~S~do~
party may give written notice to the other party to cure or begin curing the defaults} v~ithin ten
~ 1 ~~ days of receipt of natice. If there is not compliance ar substantial compliance with each
provision identified within tend 10} days of receiving said notice, the complying party may
terminate this A.gree~nent for cause by providing Britten notice of termination to the nan-
corriplyingparty and listing ane or mare areas of continued noncompliance.
Section ~~. l~D~lc~.
~. ~~~ notices, demands, requests, or replies pravlded for or permitted under this
Agreement, by either party must be in meriting and must be delivered by ane of the follaing
methods; ~1} by personal delivery; {~} by deposit nth the United States Postal Service as
certified or registered mail, return receipt requested, postage prepaid; ar ~3} by fax transmission.
B. Notice deposited with the United States Postal Service in the manner described above
i11 be deemed effecti~re two ~~} business days after deposit with the United States Postal
Service. Notice by fax transrniss1an X11 be deemed effective upon transm~ssian X11 be deemed
effective upon transn~issian, with proof of delivery,
~. All such communications must only be made to the follav~in:
IF T~ ~T~:
City of Carpus Christi
Attn: Director of Park Recreation
P.~, Box 9277
Carpus Chrlstl, T~ ~~~~~
Pax Number: 82~-~54
IF ~~ Y1V~A
YMCA of the Coastal Bend
Attn: Jim Scoville, B~ecutive Dir.
417 , Upper Broadway
Corpus Christ, T~ ~s4~ 1
fax NL1IT1~]er. 852 1427
D. Hither party may change the address to which notice is sent by using a method set out
above. All parties will notify each other of an address change ~vithfn thirty ~3a} days after the
address is changed.
Section 21. Re ortin ,YMCA shall submit annual reports to the parks Director, listing the
number of participants of Its sm~ng program, during the term of th1s Agreement. CITY shall
submit annual reports to the YMCA Executive Director, listing the number of participants during
the term of this Agreement. The reports are due by September l 5t~, of each Agreement year.
Section ~~, construction and Reconstruction funds.
A. If the City receives funds to construct ar reconstruct Improvements at the Premises,
YMCA covenants to vacate the portion or portions, up to and including the entirety, of the
Premises involved in the construction ar reconstruction, should the director deem it necessary,
upon thirty ~3 ~~ days written natice from the Director. The Director, in his sale discretion, shall
make the deterrninatian as to the size and dimensions of the portion ar portions to be vacated
with a canslderatlan ta~rard the safety of participants.
~. YMCA has no action for damages against nor mill be compensated by the City for lass of
use of the Premises andlar Impraven~ents. City has no obligation to provide an alternate location
far YMCA. during the Improvements construction or reconstruction period. The consideration far
YMCA relinquishing all rights to use the Premises and Impraven~ents during the construction
and reconstruction period is the City's construction or reconstruction of the Improvements for
~:IL~C~DIRILisa1~00$ Parks and RecreatianlAgr~t City YMCA Niay 20 ~008,doc ~
YMCA' ~ benefitf once construction or reconstruction of the ln~provements is carnplete, the
Director will notify YIVIA, in writing, of the date on which the Premises and Improvements are
once again available to '~~VIA. YNIA's term will not change nor increase if the pity requests
YMCA to vacate the Premises as set out herein.
Section ~. Amendmentsi No alterations, changes, ar modifications of the terms of this
Agreement nor the wavier of any provision will be valid unless made in writing and signed by
persons authorized to sign agreements on behalf of each party
Section ~4, waiver.
~, The failure of either party to complain of any act or omission on the part of the other
party, no matter how long the same may continue, will not be deemed a waiver by said party of
any its rights hereunder. No waiver of any covenant or condition of this Agreement by either
party at ar~y tune, express or implied, shall be taken to constitute a waiver of any subsequent
breach ofth covenant or condition nor shall justify or authorize the nonobservance on any other
occasion of the same or any other covenant or condition hereof.
B, If any action by the ~A requires the consent or approval of the pity on one occasion,
any consent or approval given on said occasion gill not be deemed a consent or approval ar
approval of the same or any other action at any other occasion. Any waiver or indulgence of
YNI~A's default of any provision of the Agreement shall not be considered an estappels against
the pity.
. It is expressly understand that, if at any ttrrie YMCA is ~n default In any of its cand1tions
ar covenants hereunder, the failure on the part of the pity to promptly avail itself of any rights
and remedies which the pity may at any time avail itself of said rights and remedies or elect to
terminate this A-green~ent nn account of Bald default.
Section Z~. ~"orce Ma_ieure. o party to this Agreement will be liable far failures and delays in
performance due to any cause beyond their control including, without l~n~itatlon, any falluxe or
delays in performance caused by strifes, loci outs, fires, acts of hod or the public enemy,
common carrier, severe inclement weather, riots or interference by civil or military authorities,
The rights and obligations of the parties will be temporarily suspended during this period to the
extent performance is reasonably affected.
Section ~~. As~inment and ,u~ A~reemeat. This Agreement may not be, in whole or in part,
assigned, transferred, or subs ect directly or indirectly without the prior written consent of the
lty.
Section ~7. Publication. ~YA agrees to pay the cast of the newspaper publication of this
Agreement and related ordinance as required by the pity charter.
Section 28. a tions, The capt~ans in this Agreement axe far canven~ence only, are not a part of
this Agreement, and da not In any way limit or amplify the terms and provisions ofth~s
Agreement
Section ~9, Severabili .
~.1LEG-DI~ILis~1~~08 Parks and ~ecr~atianlAgt~t pity AMA May ~~ 2008,dac ']
~. ~~, for any reason, any section, paragraph, subdlv~slon, clause, provlslan, phrase, or word
of this Agreement or the application hereof to any person ar circumstance is, to any extent, held
illegal, in~ralid, or unenforceable under present ar future law effective during the term of this
Agrerr~ent ar by a final judgment of a court corr~petent jurisdiction, then the remainder of this
Agreement, or the application of said term or provisions ar circumstances other than those as to
which is held illegal, invalid, or unenforceable, will not be affected hereby, for it 1s the definite
intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrases ar
word hereof be given full force and effect for its purpose.
B. Ta the extent that any clause ar provision is held illegal, invalid, or unenforceable under
present or future law effective during the term ofthis Agreement ar by a final judgrr~ent afa
court of competent jurisdiction, then the remainder of this Agreement is not affected thereby, and
1n Ilea of each such illegal, invalid, or unenforceable clause or provision, a clause or provision,
as similar in terms to such illegal, invalid, or unenforceable clause ar provision as may be
passible and be legal, valid, and enforceable, will be added to this Agreement auton~atically~
section ~. ParticYpant Release ~ornas. YI~iA shall include the pity of corpus Christi, its
off cers, agents, employees, in the list of Released Parties on the YMCA Partlelpant Release
form fifth YMCA participant will be using the pity facilities described herein for a YMCA
sponsored program.
section 1. Extension of Agreement. The pity tanager and YA Executive Director may
extend this agreement by rriutual written agreement for up to three additional summer periods.
Use during the extension periods is subs ect to the same terms and conditions herein,
ectYOn ~. A~~ro~riatian of Funds. All parties recognize that the continuation of any contract
offer the close of any f"lseal year of City, v~hich fiscal year ends an July 1 of each year, shall be
subject to appropriations and budget approval providing for covering such contract item as an
expenditure in said budget. pity does not represent that the budget item will be actually adapted,
said determination being within the sole discretion of the pity Council at the time of adoption of
such budget. This Agreement nay be terminated by the pity without penalty if sufficient funds
are not appropriated to meet the pity's abligatians herein,
Section ~. iltilities and 'Frasb Pickup., pity shall be responsible for payment of electric,
water, wastewater and gas utilities for the Premises. YNIA is responsible for contracting and
payment far trash pickup services.
Section 34. Entirety clause. This Areerr~ent and the attached and incorporated exhibits
constitute the entire agreement between the CITY and YMCA for the purpose granted. All other
agreements, promises, representations, and understandings, oral or otherwise, which reference to
the subject matter hereof, unless contained in this Agreement are expressly revoked, except for
the promulgation of future maintenance rules as contemplated in section 4 herein, s the parties
intend to provide for a complete understanding within the provisions of this Agreement and its
exhibits of the terms, conditions, promises, and covenants governing each party's performance
hereunder and relating to ~~A's use of the Premises.
EEUTED fN DUPLICATE, each ofwhich shall be considered an original, on this the
H~ILE~~IRILia120DS Parks and RecreationlAgn~t pity YMCA gay 2~ ~ODB.dnc $
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ATTFT:
Armando papa, ~it~ ecretar~
CITY OF C~RPU CkIRIT~
Cea g . Noe, pity N~ar~ager
PPROVE~ A T~ ~~AL F~R~VI this ~
B~. ~
f,isa Aguilar, A~~i t t ~~t~ Attorney
for pity Attorney
dad of , ~o~S.
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' TI~~ COASTAL BAND E~~ET~ ,~
YOUNG 1VI~1~ CHRISTIAN ASS~CIATI~N ~F
By: JA ,cs ,~. eo
Name: G
Title: %r~CJiGrt.~~ L~- ~~~~.
Date: ~/~- ~ ~~
STATE ~F TEXAS
COUNTY OF ~~~C~
Before tee, on this day personally appeased dUt~~~ mho, ~y either
personal kna~vled~e or by proof of identification, ~ knan to one to be the person whose name is
subscribed to t~.e foregoing instrument and hereto acl~naledged to me that he executed the same
far the purpose and cans~deratian and i the capacity the~e~n expressed. ~ri~en under my hand
and seal of office this da of , ~~OS.
~~ ~
ary Public, State of Texas
fi~tibRXr'~~~y} y airyiry,, ~FFF+ ~+y' I I ~yy
~wS~#t:r'J ~~J~?~IL, t~t~ ~f ~$x~$
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r~• ~, ~~ ~ ~~i;~~ {~~mmissior~ ~x~ire5
f4 ~~.~
~~ ~~
Prlnted Name
on~rnission expires: ~/- _
H:ILE-DrILisa1~OD8 Parks and RecreationlAgmt ~it~ YMCA Mai 2D ~008.doe g
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EXHIBIT B
INSURANCE REQUIREMENTS
1. Yi1~ICA LIABILITY IN[JRANCE
~. YMCAA must not commence work under this agreement until helshe has obtained all
insurance required herein and such insurance has been approved by the City. Nor rr~ay
YMCA allow any subcontractor to commence work until all similar insurance rewired of
an~r subcontractor has been obtained.
B~ YMCA must furnish to the City's Risk Manager, ~ copies of Certificates of Insurance,
wig the Cit}~ named as an additional insured far all liability policies, and blanket
waiver of subrogation is required an all applicable policies showing the following
miniinurn coverage by an insurance copany~s} acceptable to the City's Risk Manager
'~~P~ ~~ INI~RA~E 1VIINIIVIU~ INUINE ~VERA-.~
o~day written notice of material c~a~nge, non Bodily Injury and Property Ilarnae
renewal, canc~Ilation or termination is required Per occurrence aggregate
oil ~~ Certl~lCateS
COMMERCIAL C~EERAL LIABILITY ~ 1,O~a,a~a C~MBYNEI~ INLE LIMIT
1I1C~uding:
. Comn~erclaZ Farm
~. Pr~i'~lises - ~peratians
ProdllCtS~ Completed Operations ~a~ard
Contractual Liability
~. Broad Farm Property Damage
7. Independent Contractors
Personalln~ur3r
AUT~~BILE LIABILITY to include coverage At a n~ir~irriu 25,aaa per person I Sa,~aa per
for ~wNED, IVN-~wNED ~R RENTED occurrence for Bodily Injury and ~~,O~a for
vehicles ~rOp~r`ty dan7age
wHIC~ COMPLIES WITH THE TEAS
~RI~ER' C~MPENSATI~N wQRI~ER' C~MPENATI~N ACT AND
PARAGRAPH II ~~' THIS EXHIBIT
EMPL~YE~' LIABILITY I aa,~0a
C. In the event of accidents of any kind, YMCA must furnish the Risk Manager wig copies
of ail reports of such accidents at the same time that the reports are forwarded to and
Other interested parties.
I. ADDITIONAL REOUTREMENTS
H:1L~C-DtRlLisal~~~8 Parks and RecreationlAgmtClty YMCA May ~0 2~QS.doe 10
A., YMCA must obtain workers' compensation average through a licensed insurance
cornpan~ or through self-insurance obtained in accordance with Teas law. If such
coverage is obtained through a licensed carr~pany, the contract far coverage must be
written an a polic~r and with endorsements approved b~ the Texas Department of
insurance,
The workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' campensation obligations incurred b~ the YMCA will be prornptl~ met.
B, ertif irate of Insurance:
~ The City of corpus hr~st~ must be named as an additional insured on the 11ablllt~
average, except for the workers' orr~pensa~tian average and a blanket waiver of
subrogation is required on ail applicable policies,
~ If dour insurance carnpan~ uses the standard A~~D form, the cancellation cause
bottom rlght~ must he amended b~ adding the wording "changed or" between "be"
and "canceled", and deleting the words, "endeavor to", and deleting the wording after
"lei", In lieu of n~adif icatian of the AO~I] form, separate policy endarsen~ents
addressing the same substantive requirements are ~nandator~,
* The name of the contract 1 project rr~ust be listed under "Description of Operations"
~ At a minimum, a ~p~day written notice to the Risk Manager Qf material change, non-
renewal, cancellation or termination is required.
~f the ertlficate of insurance on its face does not show on its face the existence of the
coverage required b~ items 1.B ~ 1 }-{8~, an authorized representative of the insurance
company must include a letter specifically stating whether items 1.B ~ { 1 }-~~~ are
included ar excluded.
I~
Exhibit
Sec, ~3-57', wlmmlrlg pool standards.
The following rules pertaining to swinr~naing pools sha11 be in full force and effect:
~ 1 } Definitions, For the interpretation and enforcement of these regulations the follov~ring
definitions sha11 apply;
~a} "Property swin~.n~ing pool"; Any swimming pool, other than a private gaol appurtenant
to a single-family, duplex, condaminiutn, or townhouse residence used only by the
occupants of the residence and their guests.
fib} "swimming pool":Any structure ar excavation more than twenty-four ~~4} inches in
depth, either indoors or outdoors, Used or suitable to be used for bathing ar swimming
purposes, together with buildings, equipment and appurtenances used in connection
therewith,
~c} "fading gaol" : An artificial pool with a rriaximut~ depth oftwenty-four X24} inches
intended primarily for use by children, requiring recirculation and chlorination.
~d} "Turbidity" ; clouded or cloudy; not clear or translucent; muddled; not lucid.
~~} Unsanitary pools declared a public nuisance. Failure of any person responsible therefor
to maintain any swimming pool or wading pao1, including private residential pools, in a
safe, sanitary condition is hereby prohibited and declared to be a public nuisance within
the City of Orplls hrlstl, Texas.
~~ ~nspeCtt0~1S; fee.
~a} ~nspectians. Any authorised representative of the health department of the pity of
corpus Christi, Texas, rr~ay enter upon any and all parts of the premises of such
swinuning places, to make exa~natlons and ~nvest1gations of the sanitary conditions of
such places and of such compliance with the provisions of these regulations. Property
swimming pools that were in operation before the adoption of the swimming pool
ordinance shall have a maximum of one year from the date the ordinance passed in
which to comply with said ordinance. Failure to comply within the time stated shall
constitute grounds for the immediate closing of the swimming pool until satisfactory
compliance is achieved,
~b~ inspection fee. An annual inspection fee ofone hundred twenty~fl~e dollars ~$1~5.D0}~
payable on or before April 1 of each yeax, must be paid far each property swin~rning
gaol. The director of public health shall establish procedures far collecting the fee. No
person nay operate a property swimming gaol unless the pool's annual inspection fee
has been paid, Each day of operation ~n ~~alat~on of this sect~an constitutes a separate
offense.
~4} Physical quality; disinfection and pH,
~a} Physical quality of water, The surface of the pool water shall be kept free of scum and
foreign floating matter. The batton~ and sides of the pool shall be maintained free of
sediment, dirt, slime and algae. water in the pool shall be maintained free of turbidity at
all times, The water, at all times, shall be sufficiently clear to permit black disc six ~~}
inches in diameter on a white field, when placed on the bottom of the pool at the deepest
paint, to be clearly risible frorrl the deck of the gaol at all distances up to ten ~ 1 a} yards
measured from a Tine drawn across the pool through the disc.
fib} Facilities, Areas surrounding pools, including bathhouses, dressing rooms, toilets,
shower stalls, and lounging areas shall at all times be kept clean and in state of proper
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repair.
~c} Disinfection. A minimum of not less than ~.2 ppm and ~ n~aimu of ~.5 ppm residual
chlorine shall be maintained at all times. If other chemical means of water purification
are used, comparable levels must be maintained at all tirr~es. When cyanuric acid is used
as a stabilizer the range of available chlorine should be l .o to I.5 ppm corresponding to
acid levels of 25 to 45 ppn~.
~d} pH. Water pH sha11 be maintained at a level of 7.~ to 7.6.
fie} Bacterial quality. Not mare than twenty ~2D}per cent of the culture tubes of single
samples tested shall shoes the presence of coliform organisms or not more than four ~4}
coliform organisms shall be present in ane hundred ~l ~~} milliliters of any single sample
tested.
~ Health hazard andlor public nuisance. During the period of inactivity, if the gaol
remains uncovered, standards v~hich will not permit health hazard andlor public
nuisance to exist must be maintained, water pH from 7.~ to 7.~ and a chlorine residual of
a~~ to ~.5 ppm, available chlorine, and free from turbidity and algae However, canvas or
other suitable type of covering strong enough to support a person of two hundred ~2~0}
pounds, properly staked, nay be employed during periods of ~nact1v1ty ~n lieu of the
above standards.
~5} safety requirements; lifesaving equipment,
~a} imm~ng pools operated primarily for unorganized use and having an area of more
than two thousand two hundred and fifty ~~,~~} square feet of water surface area shall
be provided Frith an elevated lifeguard platform or chair. In pools with four thousand
~4,~~~} square feet ar mare of water surface area, additional elevated chairs or stations
shall be provided, located so as to provide a clear, unobstructed view of the pool bottan~
in the area under surveillance.
fib} ane ~ l } unit of lifesaving equipment shall consist of a ring buoy not mare than fi~een
X15} inches in diameter to which shall beattached asixty-foot length ofthree~sixteenths-
inchrope, and a Life pole ar shepherdrs crook type of pole having blunted ends with
minimum length of twelve ~ 1 ~} feet Nat less than ane ~ 1 } unit of equipment, as above,
sha11 be provided at every property swing pool. ane unit shall be presumed to be
adequate far two thousand ~~,~~0} square feet of water surface area, and one ~ I }
additional unit shall be provided far each additional two thousand ~2,D~~}square feet or
mayor fraction thereof of water surface area where there is no lifeguard on duty.
~c} A standard twenty-four-unit f first aid kit shall be readily accessible to every sv~irnming
pool and directions to the location of said kit shall be pasted in such a manner as to be
clearly visible from the pool deck and protected against the elements.
~d~ Lifesaving equipment shall be mounted in conspicuous places, distributed around
swimming goal deck, at lifeguard chairs, or else~rhere, readily accessible, its function
plainly marked and kept in repair and ready canditian~ fathers or others shall not be
porrriitted to tamper with, use for any purpose other than its intended use, or remove
such equipment from its established location.
fie} Where no lifeguard service is provided, ~rarning sign shall be placed ~n plain view and
shall state "darning--No Lifeguard an Duty" with clearly legible letters at least four ~4}
inches high. In addition, the sign shall also state "No children allowed without an adult
present".
~~ There shall be a telephone readily accessible to every swimming pool. Telephone
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numbers afthe nearest ambulance station and physicians affee shall be pasted near the
telephane~ D~rectlons to the loeatlon of said telephone shall be posted xn such a manner
as to be clearly visible farm the pool deck and protected against the elements.
fig} In above ground pools, the stile sha11 be removed when the pool is not in use
~h} `here shall be diagrarnrnatic illustration of artificial respiration procedures pasted at
every swimming pool in such a manner as to be clearly visible from the goal deck and
protected against the elerrients.
fib} Depth warning signs at privately and publicly awned bathing places every person
awning or controlling any bathhouse, bathing pier or swimming gaol within the city,
where persons are permitted to bathe, whether a fee ar charge is made therefor or not,
shall place upon such bathhouse, p1er ar pool at distances not mare than fifty ~5~} feet
apart, and in conspicuous places, signs showing the usual depth of the water or the depth
at low tide at that point, and warning the public from ~umping ar diving ~nta the water ~f
the depth is too shallow, and shall also place in each dressing room of such
establishment signs warning the public against diving or j aping into the water at any
paint except where there is sufficient depth of water designated by proper signs under
the provisions hereof.
~7'} Applicability of subsections ~4} through ~~} to certain bathhouses, piers ar swimming
pools. Nothing in subsections ~4} through ~~} of this section shall be construed so as to
apply to bathhouses, piers or swimming pawls used exclusively by the owner thereof and
hls fanllly.
~S} Pool enclosure required.
~a} All swimming pools and wading pawls shall be completely enclosed by a fence, wall, ar
screen enclosure not less than four ~4} feet in height. A building may be used as a part of
such enclasure~ All chars or gates in such enclosure which are accessible to the general
public sha11 be equipped with self-closing and self~latching devices which operate to
keep the gate or door securely closed at all times when not in actual use. Fences and
walls of such enclosure shall be so designed as to eliminate any openings, hales, ar gaps
to such enclosure which would permit the passage of a sphere six ~~} Inches in dlarrieter.
Pools completely enclosed within buildings to which access by the general public is
controlled, pools constructed above the ground floor of buildings to which access by the
general public is controlled, or pools maintained within completely fenced or enclosed
apartment complexes equipped with self-clas1ng and self latching devices on all gates ar
doors leading directly to the pool area accessible to the general public, shall be
considered to be in compliance with the requirements of this subsection. pity of corpus
Christi building inspectors may make determinations that natural barriers or abstractions
such as bays, rivers, cliffs, seawalls or bulkheads are sufficient to be used as part of a
goal enclosure under this subsection.
fib} Na final inspection shall be approved on any swimming pool or wading pool constructed
aver the effective date of this section unless, upon final inspection by the building
division, the inspector is satisfied that the enclosure requirements of this section have
been met.
~c} No swimming pool or wadlllg pool Inexistence prior to the effective date of this sectlan
shall be maintained inexistence without being brought into compliance v~ith subsection
~a} of this sectlan offer six ~~} months Erwin the effective date of this sectlan,
~d} Maintenance of any swimming pool or wading pool in vialatian of the provisions of this
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section ~~ prohibited, and any such pool ~~ declared to ~~ ~ public nuisance wlt~ln the
City of Corpus Christi, Texas 'violation of this section is declared to be a misdemeanor
punishable by a fine not to exceed t~va hundred dollars ~$~00.00} for each day of
~~olation, and each day of ~lolatlon is declared to be a. separate offense.
Code 198, ~ 9-, ord. No~ 13540, ~ 1 {A}, 12-~9-197, Ord, No. ~~544, 1, ~, l l ~~1954,
Ord l~o~ 2o49Z, ~ 1, l0-~ 1-198; ~rd~ No. 2063, ~ 1, ~~~-19$9; ord. No. ~43~, ~ 3,
724-2001; ~rd~ No. o~5S~9, § 1, 7-27-2004; Ord, ~o. 0269oZ, ~ 1, 7-Z5-2006
dec. ~-55. Life urd re ui~red at ublicl owned bathhouse or u~1ic swimming oal.
y person operating a public bathhouse or public s~rimrrxing pool i~hin the city where bathing
or swimming facilities are being made available to the public for a charge of money
shall at all times when same is in operation have on duty at least one lifeguard mho
holds a fed Cross advanced life~sa~ing certificate.
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