REQUEST FOR LEGISLATION Sponsor: Butch Jefferson Date: 2/26/2019 Request Legistation To: Enter into a contract with the Mansfield YMCA for the day today operations of Liberty Pool Mandatory Information: To enter into a contract with the Mansfield YMCA for Thisty Seven Thousand Seven Hundred and Fifty Dollars ($37,750) forthe day to day operations of Liberty Poo For Caueus Meeting Of; 3/5/2019 For First Regular Meet 2019 1g OF 3/5 For Second Regular Meeting OF: For Passage Meeting Of: 3/5/2019 Emergency? Yes__No_X, Waive Last Reading? Ves_X_No__ Pass Legistation Same Date As Caucus? Yes_X_No__ Additional Information Attached? Yes. X__No__ ‘ce: Mayor; Law Director; Safety Service Director; Publie Works Director; Finance Director; Human Resources Ditector; Clerk of Council: Sponsor: Viee-Chaitperson; Committee Member Cae. yy 1968: Date: 2-265,‘THIS CONTRACT IS ENTERED INTO BETWEEN: CITY OF MANSFIELD ‘THE MANSFIELD AREA Y 30 N. DIAMOND STREET 750 SCHOLL ROAD MANSFIELD, Ohio 44902 AND MANSFIELD, Ohio 44907 PURPOSE: To provide, through a public/private partnership, summer aquatic recreation to the residents of Mansfield at City-owned swimming pools. SCOPE OF SERVICES: |The Mansfield Area ¥ will provide lifeguards and supervision, as well as manage the deck operation and all Mechanical procedures at the Liberty of Mansfield pools. The Mansfield Area Y will also provide access to those with disabilities and their attendants at the Mansfield Area Y pool at 750 Scholl Road, 2. Each poo! will be open from 12:00 noon to 6:00 P.M., seven days a week in accordance with the dates shown on Schedule “A” 3. Mansfield Area Y members shall have the same privileges as the general public. 4. The Mansfield Area ¥ staff shall be responsible for the application of chemicals, the regular ongoing monitoring of pool chemical levels, and remedial corrective action that may be necessary to maintain a safe swimming environment. 5, The Mansfield Area ¥ will purchase all necessary chemicals needed to m: balance, 6. All operational and safety protocols will be in compliance with normal Mansfield Aree Y guidelines. 7. The Mansfield Area Y shall have the discretion to close the pools in inclement weather, however weather conditions will be monitored periodically through the day to ensure pools are open as much as is practical 8, Mansfield Area ¥ is responsible for keeping the facilities, restrooms, and grounds neat and clean, 9, The City of Mansfield wil provide all routine and ongoing maintenance at the pools including but not limited to: lawn mowing, trash removal, fence repairs, concrete repairs, restroom repairs, and painting. 410. The City of Mansfield will provide all necessary safety equipment, water, and public utilities 11. The Mansfield Area Y will perform minor mechanical repairs necessary for the daily operation of the pools, 12. The City of Mansfield will perform major mechanical repairs and replace equipment as necessary (e.g. pump failure, filter failure) 413, The Mansfield Area Y shall provide public access to individuals with special access needs (and their attendants} at the designated pool at 750 Scholl Road, in conformance with the Americans with Disabilities Act. Said public access shall be provided in accordance with the other scope and payment terms of this agreement and shall occur during the normal operating hours and dates of the city pool season, as stated in Section 2 of this agreement. CONTRACT PERIOD: ‘The contract period is from June 1, 2019 through August 10, 2018. in the proper chemical PAYMENT: The daily admission fee to each poo! shall be as follows Young children (3 years old and under) FREE Youth (@ through 12 years old) $1.00 Teens and Adults (13 years old and older) $2.00 ‘The Mansfield Area ¥ will collect and retain all admission fees and any revenues generated such as pool rentals and aquatic programs conducted at said pools. Provided, however, at the point when the Mansfield Area Y has collected $15,000 in admission fees, the Mansfield Area ¥ shail thereafter remit to the City of Mansfield the admission fees as follows: $1.00 for each Youth admission and $2.00 for each‘Teen and Adult admission. Said remittance shall be at the end of the contract period and accompanied by a detailed attendance summary. No remittance is required for fees collected for users of the pool located at 750 Scholl Road. {As additional consideration, the City of Mansfield agrees to be invoiced by, and to pay the Mansfield ‘Area +Y the sum of Thirty Seven Thousand Seven Hundred and Fifty Dollars ($37,750) which amount shall be paid in full by the City by August 31, 2019 in three equal installments to be invoiced on the following dates: June 29, 2019, July 31, 2019, and August 31, 2019. If due to any condition which is under the exclusive control of the City or the ¥ [e.g lack of staffing, lack Cf funding], the one (1) pools are not open during the ten (10) week period, the parties agree that any monies paid by the City to the ¥ pursuant to this agreement, shall be reimbursed to the City. ABILITY INSURANCE ‘Throughout the duration of this Contract, the Mansfield Area Y agrees to keep and maintain, with an insurance company authorized to contract business in the State of Ohio, public liability insurance for personal injury, property, or vehicle damages arising from each party's performance or services hereunder. Each party's insurance shall be in an amount no less than Five Hundred Thousand Dollars ($500,000) for property damage and One Milion Dollars ($1,000,000) per person or accident for personal injury. A certificate of such insurance shall be furnished by each party to the other. The City of Mansfield shall be held harmless by the Mansfield Area Y from liability for damages to any person or any property arising out of any actions of the lifeguards, supervisors, staff or contractors employed by the Mansfield Area Y to work at the pools covered by this Contract. TERMINATIONOF CONTRACT: This contract may be canceled by either party with thirty (30) days written notice to the other party. The obligations under this contract are binding upon, and the rights under this contract inure to the benefits of the parties, their assignees and successors. IN WITNESS WHEREOF, the parties hereto have signed their names to duplicates of this contract, each which shall be considered an original, this 20 dayFE@. of 2019 CITY OF MANSFIELD by David Remy, Director of Public Works ‘THE MANSFIELD AREA Y This contract prepared and approved as to form by: John R. Spon Law Director City of Mansfield