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HomeMy WebLinkAbout21.2.5- pool - ptsdPort Townsend School District MOUNTAIN VIEW POOL USE AGREEMENT THIS AGREEMENT is made and entered into on this 5th day of FebruarV 2O2I between the City of Port Townsend, a Washington municipal corporation, ("City"), and the port Townsend I school District ("PTSD"), a political subdivision of the state of washington. WHEREAS, PTSD desires to use Mountain View Pool ("the Pool") each week, for a prescribed number of hours: and WHEREAS, the Pool is owned by the PTSD but is under the control and management authority of the City; and WHEREAS, the City desires to make the pool available to PTSD; and WHEREAS, PTSD will have sole use of specific areas of the pool during practice times as designated by pool operators. Now THEREFORE it is agreed as follows: l. Term. This agreement willgovern PTSD's use of the Poolfrom February 8,2}zlto March 19, 2021. 2. City Representative. The City Representative shall be the Director of Public Works, who shall be generally responsible for administering and monitoring this agreement to ensure compliance with its terms, subject to the oversight authority of the Public Works Director, or his or her designee. 3. PTSD Representative. The PTSD Representative shall be Peter Braden, who shall be generally responsible for communicating with the Mountain view pool operators. 4. Purpose and Hours of Pool Use. a. Purpose. PTSD's pool use shall be for Port Townsend High School competitive swim team practice. All other uses tor the Pool by PTSD must be specifically authorized in advance bythe City. Additional uses of the Pool by PTSD are not guaranteed and are dependent on the Pool's ability to meet the additional PTSD needs without undue disruption to its operational schedule or regular programs. Pool use that is outside the purpose of this contract may be subject to fees. b. Hours of Use. PTSD will have exclusive use of the pool between 3:30 pm and 5:45 pm Monday through Friday, City observed holidays, as well as scheduled or CoPT-PT School Dist. - MV Pool Agreement Page I of3 emergency pool closures for maintenance shall be excluded from the time available for pool use by pTSD. 5' Exceptions to PTSD Pool Use Times/Changes to Use Schedule. Although the City will make all reasonable efforts to accommodate PTSD, PTSD will be prepared to deviate from the agreed- upon schedule in accordance with changes or emergencies that may occur due to pool Program needs. The City has priority use of Pool for events and lessons. lf significant weekly hours are omitted due to other program needs the City will attempt to arrange alternate times during those weeks. ln the event PTSD requires any change in its routine pool use hours, pTSD will contact the city no less than seven (7) days prior to any changes or omissions in the agreed schedule of use' Likewise the City will contact the PTSD representative not less than seven (7) days prior to any change or omission in the agreed schedule of use, unless an emergency exists such as pool closure due to health and safety concerns, acts of nature, or circumstance beyond the city's Control. The first priority of the City of Port Townsend and the pool is the safety of patrons. 6' safe Pool Use Requirements. PTSD will follow all standard procedures, guidelines, rules,regulations and requirements for Pool operation in Attachment A. pTSD will follow allprocedures, guidelines, rules, regulations, and requirements by federal, state, and localofficials for counteracting COVI D-19, 7. Hold Harmless and lnsurance. pTSD: l;hall defend, inden{rnifV and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, including any contraction of CoVID-19, which arises out of the use of the pool or from any activity, work or thing done, permitted, or suffered by PTSD in or about the pool, except only such injury or damage as shall have been occasioned by the sole negligence of the city, PTSD shall provide the city with evidence that PTSD has commercial (property damage and bodily injury) insurance in the sum of not less than 55,000,000 per occurrence, 5g,000,000 annual aggregate, with deductible not greater than $10,000. pTsD agrees to maintain the policy in full force and effect during the term of this Agreement. The policy shall name the City as an additional insured. The policy shall provide that it shall not be cancelled without at least thirty (30) days written notice to the City, 8' Assignability. This Agreement shall not be assigned by either party without the express written consent of the other party. CoPT-PT School Dist. - MV pool Agr.eement Page 2 of3 9. Entire Understanding and Waiver. This Agreement is the entire understanding between the parties and no changes, amendments, or alterations shall be effective unless agreed to in writing by both parties. ln the event either party waives any provision of this Agreement, it shall not be deemed to have waived that provision at any other time or have waived any other provision. 11. Termination of Prior Agreement. All preceding agreements are hereby terminated in their entirety and replaced with this new Agreement. 12. Termination; New Terms. Termination for Cause. lf, through any cause, PTSD shallfailto fulfill in timely and proper manner its obligations under this Agreement, or if it violates any of the covenants, agreements, or stipulations of this Agreement, and prsD has failed to cure such violation after written notice, the City shall thereupon have the right to terminate this Agreement by giving written notice to PTSD of such termination and specifying the effective date thereol at least thirty (30) days before the effective date of such termination. b. Termination if City no longer operates Pool. lf within the City's discretion, the City determines to no longer operate the pool, this Agreement terminates immediately. lN WITNESS THEREOF, the authorized officers of the parties have executed this Agreement with full authority of their respective organizations on the date and year shown below. City of Port Townsend A Washington,Mu nicipal corporation By: John Mauro, City Manager Date: Heidi Green , City Attorney CoPT-PT School Dist. - MV Pool Agreement Page 3 of3 Port Townsend School District No.50 A politicalsubdivision of State of Washington Printed: Amy Khile by: App 4b Type text here 2.5.21 ATTACHMENT A Locker Rooms The locker rooms are closed, the swim team can use the deck shower, and leave their clothes/personal belongings on the bleachers. Equipment PTSD will provide the City with a list of what equipment will be needed in advance, as well as how many swim kids there will be (max on the team). The City will set out a dedicated number of equipment items for team use, PTSD shall not have access to any other equipment. PTSD shall disinfect equipment daily with bleach water by spraying equipment down and setting equipment out to dry overnight. a a Attachment A standard Procedures, Guidelines, Rules, Regulations and Requirements for Pool Operations Lifeguard Requirements PTSD shall always provide one certified lifeguard on deck for every 25 swimmers with a minimum oftwo certified lifeguards. Persons serving as lifeguards may not conduct any other activity while swimmers are in the pool, The City of Port Townsend may have a representative present during practice times andmay take authority or assist in any emergency that may arise; however, City staff shall not be a substitutefor PTSD provided tifeguards. COVID screenings r The swim team must perform daily COVID screenings upon entry to the facilityr For contact tnacing, PTSD shall provide the City with daily attendance streets, and provide the City witlr copies weekly.o PTSD shall inform the City if a team mernber is diagnosed with COVID immediately.o PTSD shall provide COVID monitoring.o Masks will be required at all times while not in the water.o PTSD shall comply with the DoH COVID Guidance including pool capacity limitations as currently established or as amended, Hours and Pool Capacity o Swim practice is set to be from 3;30-5:30 M-F except President's Day. All PTSD personnel and swimmers we will need the swim team to be out of the facility by 5:45 sharp. ' Only swimmers and staff shall be allowed irr the facility. Spectators are not allowed. Entrance & Exit The City will plop open the side door by the bleachers for the team. pTSD shall monitor doors to ensure only active swimmers are permitted into the pool along with coaching and lifeguard staff.