HomeMy WebLinkAboutC2014-234 - 5/19/2014 - NA AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE YOUNG
MEN'S CHRISTIAN ASSOCIATION OF THE COASTAL BEND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
i\AThis Agreement made and entered into the ' ' day of between the City of
Corpus Christi (hereinafter referred to as the (CITY) and the YMCA f the Coastal
Bend (hereinafter referred to as the YMCA).
WHEREAS,the"CITY" is a Texas home rule municipal corporation(`City'),acting through its
duly authorized City Manager or designee (`City Manager');
WHEREAS,the "YMCA", is a Texas non-profit corporation organized as a tax exempt
charitable organization under Internal Revenue Code section 501-3(C) and existing in good
standing under the laws of the State of Texas;
WHEREAS,the CITY owns and maintains T.C. Ayers Pool 926 Coke St. and adjacent grounds
in Corpus Christi,Nueces County, Texas ("Premises");
WHEREAS,the CITY and YMCA wish to enter into an Agreement for YMCA to use the
Premises at T.C. Ayers Pool and adjacent grounds 926 Coke St for a swimming program;
WHEREAS the CITY wishes to bring summer camp participants from Ben Garza Gym, 1815
Howard, and Solomon Coles Recreation Center,924 Winnebago, to T.C. Ayers Pool and
adjacent grounds 926 Coke St for recreational swim;
NOW, THEREFORE, City and YMCA, in consideration of the mutual promises and covenants
herein, agree as follows:
Section 1. Term. Subject to the remaining terms and conditions hereof, City agrees to
provide YMCA with use of T.C. Ayers Pool and adjacent grounds located at 926 Coke St
beginning on June 5, 2014,and terminate August 10, 2014.
Section 2. Contact Person/Agreement Administrator. The CITY's contact person and
Agreement administrator is the Director of Park and Recreation("Director") or the Director's
designee.
Section 3. Premises and Improvements.The CITY under agreement with the YMCA will
provide the Premises, as described and delineated in Exhibit"A", which is attached and
incorporated in this Agreement by reference, and including, without limitation, all other
improvements to the Premises("Improvements"), such as the fences, irrigation systems, and the
grassed areas. The CITY will turn the Premises over to the YMCA on June 5, 2014. The City
will present the YMCA a pool that is clean and in operating condition. The YMCA will return
2014-234
5/19/14 1
YMCA of the Coastal Bend INDEXED
the property to the CITY at the end of the Agreement. At the time of return the property will be
in clean operating condition; less normal wear and tear of summer use.
Section 4. Consideration. In consideration of the CITY's grant of use of CITY property
known as T.C. Ayers Pool as described in Exhibit"A",the YMCA will operate a swimming
program free to the public within the dates of June 5, 2014 through August 10, 2014 at the T. C.
Ayers Pool, with minimum operation hours of 1:00 p.m. to 4:45 p.m.,Tuesday through Saturday.
YMCA shall notify Parks Director prior to any changes to YMCA hours of operation. As
additional consideration, YMCA must maintain the Premises and all Improvements in
accordance with all maintenance rules, with respect to this Agreement, set out by the City
Manager in effect now and as promulgated in the future. Failure to maintain the Premises and all
Improvements in accordance with these rules constitutes grounds for termination of the
Agreement. At a minimum, maintenance includes:
A. YMCA shall pick up 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 Premises to the Director, or
his designee,and the Corpus Christi Police Department,Nueces County, Texas;
C. YMCA must ensure, at all times, that parking by YMCA staff and participants is 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
or weeds that grow through cracks in the concrete and 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
of Ordinances, Section 23-57, 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 Park
and Recreation Department is notified so that Park Operations staff may make any necessary
chemical adjustments in the quality of the pool's water. The City will perform chemical checks
and chemical adjustments of the pool's water at all other times during the term of the Agreement;
F. YMCA will maintain a daily chemical log, including the times at which pool
chemical checks are made and related results of each chemical check,during YMCA's exclusive
use periods;
G. YMCA will vacuum (with YMCA supplied vacuum) the pool, remove debris from the water,
and sweep the pool area as needed during the YMCA's exclusive pool use periods.
H. YMCA will inspect the pool's restrooms daily during YMCA's exclusive use periods;
I. City will provide the following equipment: Backboard, oxygen, and guard chairs. YMCA
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will provide all other equipment required by Section 23-57 as well as life vests, and guard
equipment.
J. YMCA will clean and disinfect the pool's restrooms daily during YMCA's use of pool.
Section 5. Joint Use.
A. The City retains joint use of the Premises and Improvements during the term of this
Agreement, subject to YMCA's right to exclusive control of the Premises during its use for
swimming program purposes ("exclusive use periods").
B. Participants from the Ben Garza Gym and Solomon Coles Recreation Center summer
programs will utilize T.C. Ayers Pool for open swim at no charge. Site supervisors from each
facility will contact the YMCA each week to indicate the approximate number of participants
who will visit the pool during the summer programs. However, YMCA may charge a user fee of
$3.00 per child to other large organized groups with 30 or more swimmers who use the pool as a
field trip or organized group activity.
Section 6. Primary Purpose. YMCA must establish and maintain a swimming program free
to the public with the primary purpose being the use of the swimming pool and for no other
purpose without the Director's prior written approval.
Section 7. Hours of Operation. YMCA will operate the pool, at a minimum, from Tuesday
through Saturday from 1:00 pm to 5:00 pm.
Section 8. Operating Safely.
A. YMCA covenants that it will operate the Premises in a safe manner. YMCA shall at all times
when pool is open for public use have on duty at least two (2) 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 23-57(5), (6), and(8),as
amended, and Section 23-58,as amended, during YMCA's exclusive use periods. Section 23-57
and Section 23-58 are attached as Exhibit C.
B. In addition to the above, YMCA shall have on the Premises, at all times during its exclusive
use periods, at least one spinal backboard capable of carrying an adult.
Section 9. Signs.
A. YMCA shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or
other lettering("Signs") on the Premises or on any Improvements without the Director's prior
written approval. One week prior to YMCA's exclusive use of the facility, YMCA will deliver
a list of signs to be posted at the facility for Director's review and approval.
B. If YMCA signs are approved,the Director, in writing, may require YMCA to remove, repair,
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or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten(10) days of
Director's written demand,City may do or cause the work to be done,and YMCA will pay
City's costs within thirty (30)days of receipt of Director's invoice.
Section 10. Advertising. The Director has the right to prohibit any advertising by YMCA
which impairs the reputation of the Premises or the CITY.
Section 11. Security. YMCA shall contract and pay for any and all security it requires during
its hours of operation for the term of this Agreement.
Section 12. Inspection and Maintenance.
A. The City shall maintain the mechanical equipment and facility structure of the T. C. Ayers
Pool during this Agreement. The City Manager or the Director, or their respective designee, has
the right to inspect the Premises at any time.
B. The YMCA has the right to request in writing compliance for 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 (5) days after
receipt of the request. YMCA may,with the CITY's prior written permission,undertake the
maintenance repairs; and in such event, the CITY shall pay YMCA's reasonable costs within 30
days of receipt of invoice.
Section 13. 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 or the State of Texas. The CITY Director and/or YMCA C.E.O. retain the
right to take such action as the United States may 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 may 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 15. Noncompliance Costs. 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, YMCA shall pay all CITY's court costs and expenses, including
reasonable attorneys' fees.
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Section 16. Indemnity. YMCA must fully indemnify,save and hold harmless the CITY,
its officers,employees, and agents (collectively herein referred to as "Indemnitees") against
any and all liability,damage, loss, claims, expenses, costs,judgments,demands and actions
of any nature whatsoever on account of injury or damage to person (including,without
limitation on the foregoing,premises defects,workers compensation, and death claims),or
property loss or damage of any kind whatsoever which arise out of or are in any manner
connected with, or arc claimed to arise out of or be in any way connected with,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
undertaken pursuant to this Agreement; or when any said injury or damage is the result,
proximate or remote, in whole or in part, of the violation by Indemnitor, or any
Indemnitor's agents, representatives,servants, employees, contractors,patrons, licensees,
or invitees of any law, ordinance or governmental order of any kind.
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 YMCA
relating to this Agreement,YMCA 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 Indemnitees, 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 from any said liability,
damage, loss, demand, claim, or action.
Section 17. Insurance.
A. YMCA must secure and maintain at YMCA's expense, during the term of this agreement, a
Commercial General Liability insurance policy with the limits and requirements shown on
Exhibit"B,"which is attached to this Agreement and incorporated in this Agreement by
reference.
B. YMCA must provide proof,by Certificate of Insurance meeting the limits and requirements
set out Exhibit"B", to the Director and Risk Management prior to commencing use of the
Premises or joint operation of programs under this agreement.
C. YMCA must provide the Director and Risk Management thirty (30) days written notice of
cancellation, intent not to renew, or material change of any insurance coverage required in this
Agreement.
D. YMCA shall,during the term of this Agreement,provide copies of all insurance policies to
the City Manager or the Director upon request.
E. YMCA shall,prior to any addition or alteration to the Premises or to the Improvements,
obtain clearance, in writing, from Risk Management, as per Section 9.A. set out in this
Agreement. (exclusive to T.C. Ayers pool)
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F. Failure to maintain such insurance at the limits and requirements shown on Exhibit"B"
constitutes grounds for termination of this Agreement.
Section 18. No debts. CITY or YMCA must not incur any debts or obligations on the credit
each others behalf during the term of this agreement.
Section 19. Termination.
A. Either the City or YMCA may terminate this Agreement without cause by giving thirty (30)
days written notice to the non-terminating party.
B. If there is noncompliance with one or more of the provisions contained herein, either party
may give written notice to the other party to cure or begin curing the default(s)within ten(10)
days of receipt of notice. If there is not compliance or substantial compliance with each provision
identified within ten( 10)days of receiving said notice, the complying party may terminate this
Agreement for cause by providing written notice of termination to the non-complying party and
listing one or more areas of continued noncompliance.
Section 20. Notice.
A. All notices, demands, requests, or replies provided for or permitted under this Agreement, by
either party must be in writing and must be delivered by one of the following methods: (1) by
personal delivery; (2) by deposit with the United States Postal Service as certified or registered
mail, return receipt requested,postage prepaid; or(3)by fax transmission.
B. Notice deposited with the United States Postal Service in the manner described above will be
deemed effective two(2)business days after deposit with the United States Postal Service.
Notice by fax transmission will be deemed effective upon transmission will be deemed effective
upon transmission, with proof of delivery.
C. All such communications must only be made to the following:
IF TO CITY: IF TO YMCA
City of Corpus Christi YMCA of the Coastal Bend
Attn: Director of Park & Recreation Attn: Ron Wiggins, CEO
P.O. Box 9277 417 S. Upper Broadway
Corpus Christi,TX 78469 Corpus Christi, TX 78401
Fax Number: 826-3864 Fax Number: 882-1427
D. Either 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 within thirty(30)days after the address is
changed.
Section 21. Reporting. YMCA shall submit annual reports to the Parks Director, listing the
number of participants of its swimming program, during the term of this Agreement. CITY shall
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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 15th of each Agreement year.
Section 22. Construction and Reconstruction Funds.
A. If the City receives funds to construct or 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 or reconstruction, should the director deem it necessary, upon thirty
(30)days written notice from the Director. The Director, in his sole discretion, shall make the
determination as to the size and dimensions of the portion or portions to be vacated with a
consideration toward the safety of participants.
B. YMCA has no action for damages against nor will be compensated by the City for loss of use
of the Premises and/or Improvements. City has no obligation to provide an alternate location for
YMCA during the Improvements construction or reconstruction period. The consideration for
YMCA relinquishing all rights to use the Premises and Improvements during the construction
and reconstruction period is the City's construction or reconstruction of the Improvements for
YMCA's benefit. Once construction or reconstruction of the Improvements is complete, the
Director will notify YMCA, in writing, of the date on which the Premises and Improvements are
once again available to YMCA. YMCA's term will not change nor increase if the City requests
YMCA to vacate the Premises as set out herein.
Section 23. Amendments. No alterations, changes, or 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 24. Waiver.
A. 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
any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of
the 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 YMCA requires the consent or approval of the City on one occasion,any
consent or approval given on said occasion will not be deemed a consent or approval or approval
of the same or any other action at any other occasion. Any waiver or indulgence of YMCA's
default of any provision of the Agreement shall not be considered an estoppels against the City.
C. It is expressly understood that, if at any time YMCA is in default in any of its conditions or
covenants hereunder, the failure on the part of the City to promptly avail itself of any rights and
remedies which the City may at any time avail itself of said rights and remedies or elect to
terminate this Agreement on account of said default.
Section 25. Force Maleure.No party to this Agreement will be liable for failures and delays
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in performance due to any cause beyond their control including, without limitation, any failures
or delays in performance caused by strikes, lock outs, fires, acts of God 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 26. Assignment and Sub Agreement. This Agreement may not be, in whole or in
part, assigned, transferred, or subject directly or indirectly without the prior written consent of
the City.
Section 27. Publication. YMCA agrees to pay the cost of the newspaper publication of this
Agreement and related ordinance as required by the City Charter.
Section 28. Captions. The captions in this Agreement are for convenience only,are not a part
of this Agreement,and do not in any way limit or amplify the terms and provisions of this
Agreement.
Section 29. Severability.
A. lf, for any reason, any section, paragraph,subdivision, clause, provision, phrase, or word of
this Agreement or the application hereof to any person or circumstance is,to any extent,held
illegal, invalid,or unenforceable under present or future law effective during the term of this
Agreement or by a final judgment of a court competent jurisdiction, then the remainder of this
Agreement, or the application of said term or provisions or circumstances other than those as to
which is held illegal, invalid,or unenforceable, will not be affected hereby, for it is the definite
intent of this Agreement that every section,paragraph, subdivision, clause,provision,phrase, or
word hereof be given full force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Agreement or by a final judgment of a
court of competent jurisdiction,then the remainder of this Agreement is not affected thereby, and
in lieu 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 or provision as may be
possible and be legal, valid, and enforceable, will be added to this Agreement automatically.
Section 30. Participant Release forms. YMCA shall include the City of Corpus Christi, its
officers, agents, employees, in the list of Released Parties on the YMCA Participant Release
form if the YMCA participant will be using the City facilities described herein for a YMCA
sponsored program.
Section 31. No Warranty of Quiet Enjoyment. Lessor does not warrant that YMCA shall
peaceably and quietly have, hold and enjoy the Premises for the term mentioned in the lease.
Section 32. Appropriation of Funds.All parties recognize that the continuation of any
contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year,
shall be subject to appropriations and budget approval providing for covering such contract item
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as an expenditure in said budget. City does not represent that the budget item will be actually
adopted, said determination being within the sole discretion of the City Council at the time of
adoption of such budget. This Agreement may be terminated by the City without penalty if
sufficient funds are not appropriated to meet the City's obligations herein.
Section 33. Utilities and Trash Pickup. City shall be responsible for payment of electric,
water,wastewater and gas utilities for the Premises. YMCA is responsible for contracting and
payment for trash pickup services.
Section 34, Entirety Clause. This Agreement 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,as 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 YMCA's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the l
day of ,, 2014.
ATTEST: CIT CORP/11
2-Cif -E,6e,e", iL 4011%
, City Secretary Ron. Pri son, ity Manager
Rey-fact. er+ti.
APPROVED AS TO LEGAL FORM this day of h 2014
By:
7)._ ,.):z
Lisa Aguilar, Agsistant City Attorney
YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE COASTAL BEND
By: .1)V--)
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Name: f I �!
Title: ` . Ats: I A 'Au &ik-YR(Of-
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Date: t VNJ�
STATE OF TEXAS §
COUNTY OF NUECES §
Before me, on this day personally appeared 0.1) t.p who,by either
9
personal knowledge or by proof of identification, is known to me to be the person whose name is
subscribed to the foregoing instrument and hereto acknowledged to me that he executed the same
for the purpose and consideration and in the capacity therein expressed. Given under my hand
and seal of office this KWh day of MLLID , 2014.
10
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otary Public, St e of exas
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;j4• = Notary Public,State of Texas
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EXHIBIT B
INSURANCE REQUIREMENTS
SECTION I. YMCA'S LIABILITY INSURANCE
A. YMCA must not commence work under this permit until all insurance required herein has
been obtained and the insurance has been approved by the City. YMCA must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has
been so obtained.
B. YMCA must furnish to the City's Risk Manager: two (2) copies of Certificates of Insurance
with applicable policy endorsements, showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be named as
an additional insured for the General Liability policy, and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is Bodily Injury and Property Damage
required on all certificates or by policy Per occurrence/aggregate limit
endorsements
Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury/Advertising Injury
Auto Liability
1. Owned Vehicles At a minimum $25,000 per person I$50,000 per
2. Hired & Non-owned Vehicles occurrence for Bodily Injury and $25,000 for
property damage
Required when YMCA employs any person
other than himself/herself:
WORKERS' COMPENSATION MUST COMPLY WITH THE TEXAS WORKERS'
COMPENSATION ACT AND SECTION II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $500,000 / $500,000/$500,000
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C. In the event of accidents of any kind related to this agreement, YMCA must furnish the
Risk Manager with copies of all reports of any accidents within ten (10) days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. YMCA must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and with endorsements approved by the Texas Department of Insurance. The
coverage provided must be in amounts sufficient to assure that all workers'
compensation obligations incurred will be promptly met.
B. YMCA's financial integrity is of interest to the City; therefore, subject to YMCAs right to
maintain reasonable deductibles in such amounts as are approved by the City, YMCA
shall obtain and maintain in full force and effect for the duration of this agreement and
any extension hereof, at YMCA's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M. Best's rating of no less than A-VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits
required by the City, and may require the deletion, revision, or modification of particular
policy terms, conditions, limitations or exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the
underwriter of any such policies). YMCA shall be required to comply with any such
requests and shall submit a copy of the replacement certificate of insurance to City at
the address provided below within 10 days of the requested change. YMCA shall pay
any costs incurred resulting from said changes. All notices under this Article shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555- Fax#
D. YMCA agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required
provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
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• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
YMCA shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend YMCA's performance
should there be a lapse in coverage at any time during this contract. Failure to provide
and to maintain the required insurance shall constitute a material breach of this
agreement.
F. In addition to any other remedies the City may have upon YMCA's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order YMCA to stop work hereunder, and/or
withhold any payment(s) which become due to YMCA hereunder until YMCA
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
YMCA may be held responsible for payments of damages to persons or property
resulting from YMCA's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that YMCA's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2013 YMCA Use of TC Ayers pool ins.req.
3-5-12 ep Risk Mgmt.
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•
Exhibit C
Sec. 23-57. Swimming pool standards.
The following rules pertaining to swimming pools shall be in full force and effect:
(I) Definitions. For the interpretation and enforcement of these regulations the following
definitions shall apply:
(a) "Property swimming pool": Any swimming pool, other than a private pool appurtenant
to a single-family,duplex,condominium, or townhouse residence used only by the
occupants of the residence and their guests.
(b) "Swimming pool": Any structure or excavation more than twenty-four(24) inches in
depth, either indoors or outdoors, used or suitable to be used for bathing or swimming
purposes, together with buildings,equipment and appurtenances used in connection
therewith.
(c) "Wading pool": An artificial pool with a maximum depth of twenty-four(24) inches
intended primarily for use by children, requiring recirculation and chlorination.
(d) "Turbidity": Clouded or cloudy; not clear or translucent; muddled; not lucid.
(2) Unsanitary pools declared a public nuisance. Failure of any person responsible therefor
to maintain any swimming pool or wading pool, including private residential pools, in a
safe, sanitary condition is hereby prohibited and declared to be a public nuisance within
the City of Corpus Christi, Texas.
(3) Inspections; fee.
(a) Inspections. Any authorized representative of the health department of the City of
Corpus Christi, Texas,may enter upon any and all parts of the premises of such
swimming places,to make examinations and investigations 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 of one hundred twenty-five dollars ($125.00),
payable on or before April I of each year, must be paid for each property swimming
pool. The director of public health shall establish procedures for collecting the fee.No
person may operate a property swimming pool unless the pool's annual inspection fee
has been paid. Each day of operation in violation of this section 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 bottom 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 a black disc six(6)
inches in diameter on a white field, when placed on the bottom of the pool at the deepest
point,to be clearly visible from the deck of the pool at all distances up to ten(I0) yards
measured from a line drawn across the pool through the disc.
(b) Facilities. Areas surrounding pools, including bathhouses, dressing rooms, toilets,
shower stalls, and lounging areas shall at all times be kept clean and in a state of proper
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repair.
(c) Disinfection. A minimum of not less than 0.2 ppm and a maximum of 0.5 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 times. When cyanuric acid is used
as a stabilizer the range of available chlorine should be 1.0 to 1.5 ppm corresponding to
acid levels of 25 to 45 ppm.
(d) pH. Water pH shall be maintained at a level of 7.2 to 7.6.
(e) Bacterial quality. Not more than twenty(20)per cent of the culture tubes of single
samples tested shall show the presence of coliform organisms or not more than four(4)
coliform organisms shall be present in one hundred (100)milliliters of any single sample
tested.
(f) Health hazard and/or public nuisance. During the period of inactivity, if the pool
remains uncovered, standards which will not permit a health hazard and/or public
nuisance to exist must be maintained, water pH from 7.2 to 7.6 and a chlorine residual of
0.2 to 0.5 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(200)
pounds,properly staked, may be employed during periods of inactivity in lieu of the
above standards.
(5) Safety requirements; lifesaving equipment.
(a) Swimming pools operated primarily for unorganized use and having an area of more
than two thousand two hundred and fifty (2,250) square feet of water surface area shall
be provided with an elevated lifeguard platform or chair. In pools with four thousand
(4,000)square feet or more of water surface area, additional elevated chairs or stations
shall be provided, located so as to provide a clear, unobstructed view of the pool bottom
in the area under surveillance.
(b) One (1)unit of lifesaving equipment shall consist of a ring buoy not more than fifteen
(15) inches in diameter to which shall be attached a sixty-foot length of three-sixteenths-
inch rope, and a life pole or shepherd's crook type of pole having blunted ends with
minimum length of twelve (12) feet. Not less than one (1)unit of equipment, as above,
shall be provided at every property swimming pool. One unit shall be presumed to be
adequate for two thousand(2,000) square feet of water surface area, and one (1)
additional unit shall be provided for each additional two thousand (2,000) square feet or
major fraction thereof of water surface area where there is no lifeguard on duty.
(c) A standard twenty-four-unit first aid kit shall be readily accessible to every swimming
pool and directions to the location of said kit shall be posted 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 pool deck,at lifeguard chairs, or elsewhere, readily accessible, its function
plainly marked and kept in repair and ready condition. Bathers or others shall not be
permitted to tamper with,use for any purpose other than its intended use, or remove
such equipment from its established location.
(e) Where no lifeguard service is provided, a warning sign shall be placed in plain view and
shall state "Warning--No Lifeguard on 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".
(f) There shall be a telephone readily accessible to every swimming pool. Telephone
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numbers of the nearest ambulance station and physician's office shall be posted near the
telephone. Directions to the location of said telephone shall be posted in such a manner
as to be clearly visible form the pool deck and protected against the elements.
(g) In above ground pools,the stile shall be removed when the pool is not in use.
(h) There shall be a diagrammatic illustration of artificial respiration procedures posted at
every swimming pool in such a manner as to be clearly visible from the pool deck and
protected against the elements.
(6) Depth warning signs at privately and publicly owned bathing places. Every person
owning or controlling any bathhouse,bathing pier or swimming pool within the city,
where persons are permitted to bathe, whether a fee or charge is made therefor or not,
shall place upon such bathhouse,pier or pool at distances not more than fifty (50) 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 jumping or diving into the water if
the depth is too shallow,and shall also place in each dressing room of such
establishment signs warning the public against diving or jumping into the water at any
point except where there is sufficient depth of water designated by proper signs under
the provisions hereof.
(7) Applicability of subsections(4)through(6)to certain bathhouses, piers or swimming
pools. Nothing in subsections (4)through(6)of this section shall be construed so as to
apply to bathhouses,piers or swimming pools used exclusively by the owner thereof and
his family.
(8) Pool enclosure required.
(a) All swimming pools and wading pools shall be completely enclosed by a fence, wall, or
screen enclosure not less than four(4) feet in height. A building may be used as a part of
such enclosure. All doors or gates in such enclosure which are accessible to the general
public shall 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, holes,or gaps
in such enclosure which would permit the passage of a sphere six (6) inches in diameter.
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-closing and self-latching devices on all gates or
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. City of Corpus
Christi building inspectors may make determinations that natural barriers or obstructions
such as bays, rivers, cliffs, seawalls or bulkheads are sufficient to be used as part of a
pool enclosure under this subsection.
(b) No final inspection shall be approved on any swimming pool or wading pool constructed
after 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 wading pool in existence prior to the effective date of this section
shall be maintained in existence without being brought into compliance with subsection
(a) of this section after six (6)months from the effective date of this section.
(d) Maintenance of any swimming pool or wading pool in violation of the provisions of this
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section is prohibited, and any such pool is declared to be a public nuisance within the
City of Corpus Christi, Texas. Violation of this section is declared to be a misdemeanor
punishable by a fine not to exceed two hundred dollars ($200.00) for each day of
violation, and each day of violation is declared to be a separate offense.
(Code 1958, § 9-3; Ord. No. 13540, § 1 (A), 12-29-1976; Ord.No. 18544, §§ 1, 2, 11-6-1984;
Ord.No. 20492, § 1, 10-11-1988; Ord. No. 20636, § 1, 3-28-1989; Ord.No. 24532, § 3,
7-24-2001; Ord.No. 025869, § 1, 7-27-2004;Ord.No. 026902, § 1, 7-25-2006)
Sec. 23-58. Lifeguard required at publicly owned bathhouse or public swimming pool.
Any person operating a public bathhouse or public swimming pool within 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 who
holds a Red Cross advanced life-saving certificate.
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