2020 CITY OF MCPHERSON WATER PARK OPERATING AGREEMENT - BoardDocs
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2020 CITY OF MCPHERSON
WATER PARK OPERATING AGREEMENT
This agreement is made and entered into this _____ day of December, 2020, by and between:
The City of McPherson, a municipal corporation (the “City”); and
McPherson Recreation Commission, an agency originally established by Unified School District No.
418, but operating pursuant to the provisions of K.S.A. 12-1922, et.seq., (the “MRC”)
Whereas, the City owns a swimming pool and associated facilities (the “Water Park”) located in
Lakeside Park; and
Whereas, the MRC has general authority to operate public recreation programs within the community
and has the necessary experience to operate the Water Park on behalf of the City; and
Whereas, the City and the MRC desire to contract together for the operation of the Water Park by the
MRC for the City;
Now, Therefore, in consideration of the mutual promises herein contained, the parties agree as
follows:
1. OPERATION OF THE WATER PARK BY THE MRC. The MRC shall operate the Water Park on
behalf of the City during the 2020 season, all in accordance with this agreement. The duties of the
MRC shall include, but are not limited to:
a. Provision of properly trained staff, including lifeguards, as necessary for safe operation of
the Water Park.
b. Operation of the Water Park throughout the swim season, which will be established by the
City’s governing body, as provided in Section #2.
c. Daily cleaning and maintenance consistent with the duties described in Attachment “A”.
d. Collection of all admission fees, rental fees, concession receipts and other revenue from
the pool and the depositing of said monies into the Fund, as described in Section 5.
e. Maintenance of the Water Park in a safe and sanitary condition, and in accordance with
recognized pool standards. The MRC shall immediately notify the Park Supervisor or
designee, verbally and in writing, of any unsafe conditions in or around the Water Park.
After such notification, the MRC shall, in consultation with the City, take such action as it
deems appropriate. MRC shall, immediately notify the Park Supervisor or designee,
verbally and in writing, of any incidents daily.
f. Establishment and implementation of safety rules as developed by the MRC appropriate to
the age and swimming skills of the patrons.
g. Provision of all safety equipment necessary for the safety of persons present in or
immediately adjacent to the Water Park. Payment for these expenses shall be from the
operations fund identified in paragraph 5 below.
h. Continuation of a program for reporting all accidents or injuries, which occur in or
immediately adjacent to the Water Park. Such reports shall include all relevant data,
including, but not limited to, the identity of the person or persons involved as well as any
witnesses, information as to the nature and severity of any injury and a complete
description of any condition of the Water Park or immediately adjacent to the area thought
to have caused or contributed to any injury.
i. Periodic evaluation of the physical plant of the Water Park for the purpose of making
recommendations for their upgrading or modifications.2. THE SWIMMING SEASON. The MRC shall operate the Water Park according to a schedule
approved by the City’s governing body prior to the beginning of the swimming season. Such schedule
can be modified from time to time by the MRC because of usage, weather and other related factors,
as provided in paragraph 3 below, or in the event of emergencies as determined by the MRC staff.
Any permanent modification shall not be effective until approved by the City.
3. CLOSING OF THE SWIMMING POOL. The MRC may close the Park in any of the following
circumstances: (MRC must notify Park staff when meets are scheduled)
1. Swim Meets. The Water Park may close at 4:30PM the day of swim meet , without prior city
commission approval. The MRC may restrict the usage of some area of the pool for the
purpose of conducting competitive swim meets.
2. Safety. The MRC may, with the consent of the Park Supervisor or designee, close the Water
Park if conditions in or around the Pool become hazardous to the safety of the patrons.
3. Inclement weather. The MRC may close the Water Park due to inclement weather or weather
which is non-conducive to significant attendance at any time.
4. ADMISSION FEES. The MRC shall apply the fee schedule approved by the City’s governing body
prior to the beginning of the swimming season. The fees shall, upon approval, be attached hereto as
Attachment “B” (City Fee Resolution)
5. OPERATIONS FUND. The City has established in its books and accounts a fund known as the
Swimming Pool Fund (the “Fund”). All revenues derived by the MRC from the operation of the Water
Park shall be deposited into the Fund, and all expenses associated with the operation of the Water
Park shall be paid by the City from the Fund identified here.
6. USE OF THE WATER PARK BY OTHER ORGANIZATIONS. The MRC may, at reasonable
times, make the Water Park available to other organizations subject to a fee schedule developed and
approved by the City’s governing body prior to the beginning of the swimming season. Such use
shall not interfere with the normal hours of the Water Park operation, as determined by the City’s
governing body. All fees collected for such use shall be deposited into the Fund.
7. DUTIES OF THE CITY. The City shall:
a. Prior to the beginning of the swimming season the city installs all speakers for the PA system
and sets the volume. The City will install the awnings/shade cloths on the shade structures
and deliver all trashcans for placement by MRC staff, where appropriate. The City will install
diving boards at the start of the season and remove diving boards at the end of the season. At
the end of the season, the City will disassemble and store all the speakers and awnings and
bring in all trashcans for service.
b. The City will maintain the paved parking area that serves the Water Park and all vegetation
inside and outside of the Water Park fence. The City reserves the right to have MRC staff
vehicles removed from the Lakeside Park shelter parking area, when necessary.
c. Provide for the repair or replacement of the filtering equipment, sanitizing equipment,
plumbing, electrical equipment, and other fixed-plant. equipment and buildings or other
structures used in the operation of the Water Park.
d. Perform such other duties and responsibilities as specified in attachment “A”.8. DUTIES OF THE MRC. The MRC shall:
b. The MRC is responsible for cleaning the lazy river (power washing) and for pumping the
“winter water” out of the main pool and cleaning it (power washing) also, in preparation for
filling. The MRC is also responsible for the cleaning of all buildings, inflating tubes for the lazy
river, cleaning the “picnic area” inside the water park (north of the north restroom building),
placing all guard towers in position for the season, installing lane ropes in the main pool,
installing diving platforms for the swimming lanes, cleaning all stainless steel inside the water
park, placing all chaise lounges where appropriate and waxing the slide.
c. Between February 1st and October 31, the Aquatics Director or Water Park Manager must
contact the Park Supervisor at least once a week to report on the status of the water park
operations. Written report on water park operations and number of special events, rentals and
attendance.
d. The MRC is responsible for maintaining and servicing the Water Park chemical system.
e. The MRC shall maintain the cleanliness of all buildings inside the Water Park, including the
restroom/bathhouse building.
f. The MRC shall be responsible for power washing and acid cleaning the water areas as needed
and filling the pools as well as cleaning the entire facility and readying it for the season.
g. Perform such other duties and responsibilities as specified in attachment “A”.
9. TERM OF AGREEMENT. The term of the agreement shall commence upon both parties signing
this agreement, after authorization by their respective governing bodies, and terminate on December
31, 2020.
10. FINANCIAL ACCOUNTING AND REPORTING. The MRC shall provide deposit slip to city hall
after funds are deposited within a timely manner, written monthly accounting report of the number of
attendance, sales of daily admissions and season/group passes, rental revenue, concession sales
and daily deposit totals within a timely manner. Each day the MRC will provide the Park Supervisor
with a report of the water park attendance from the preceding day. MRC will submit expenses weekly
to City Hall for payment, they will be coded and initialed by the authorized MRC staff. The City’s
governing body must approve all expenses in excess of $1000.00, before the purchase is made.
11. STAFF COMPENSATION The MRC will provide a person designated as the Aquatics Director
for all of its programs. A portion of that person’s job duties will include supervision of the Water Park.
MRC shall pay that individual a salary and the City will reimburse the MRC the portion of that salary
attributable to the percentage of the time devoted to the Water Park duties and responsibilities.
Additionally, MRC shall submit those billings as incurred to the City, which shall reimburse MRC for
the personnel costs.
The City shall pay the MRC an annual fee of three thousand dollars ($3,000.00) for the administration
of the Water Park and such amount shall be paid after the close of the swim season. Said
administrative fee shall include, but not be limited to, salaries for administrative staff, office supplies,
and other related costs.12. NONDISCRIMINATION. During the performance of this agreement the MRC will not discriminate against any employee or applicant for employment because of race, sex, color, age, national origin, ancestry, or physical handicap, unless based on a bona fide occupational qualification. The MRC will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, sex, religion, color, national origin, ancestry, or physical handicap. Such action shall include, but not be limited to the following: employment, promotion, demotion, transfer, recruitment, layoff, termination, rates of pay or other form of compensation, and selection for training, including apprenticeship. The MRC agrees to post in conspicuous places, available to employees and applicants for employment, notices as required by the Federal and State Departments of Labor. 13. APPLICATION OF THE TORT CLAIMS ACT. Each party is a governmental entity within the meaning of the Kansas Tort Claims Act (KTCA) K.S.A. 75-6101, and the liability of each for the acts or omissions of its officers, employees, agents, shall be determined pursuant to the provisions of the KTCA. Neither party shall be deemed to have waived any defense available to it under the provisions of the KTCA, whether against the other or against third parties. Both parties shall notify the other of any notice received of claims made arising out of the operation of the Water Park. 14. ASSIGNMENT. The MRC shall neither delegate duties, nor assign rights imposed by, or arising from, this agreement without first obtaining the written permission of the City. 15. RELATIONSHIP OF PARTIES. The City and the MRC are separate entities. Nothing in this agreement shall be construed to imply any agency, partnership, or joint venture between the parties hereto, nor shall any officer, employee or agent of the MRC be deemed to be an officer of the City for any purpose. 16. RESOLUTION OF DISPUTES. All disputes concerning the application or interpretation of this agreement shall be resolved by mutual agreement of the MRC Superintendent and the Public Lands and Facilities Director; provided, that disputes which are not so resolved shall be referred to the MRC Commission and the City Commission for resolution. , The decision of the City Commission shall be final and conclusive upon the parties hereto. 17. BINDING EFFECT. This agreement shall be binding upon and inure to the benefit of the parties and respective successors and assigns. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. MCPHERSON RECREATION COMMISSION _______________________________________ Alan Burghart, Chairman ATTEST: __________________________________ Gwyn Muto, MRC Director CITY OF MCPHERSON ________________________________________ Thomas A. Brown, Mayor ATTEST: __________________________________ Tamara K. Seely, City Clerk
2020 Water Park Agreement
ATTACHMENT A
CITY RESPONSIBILITIES
1. Maintain outside of fence
2. Maintain all pumps/flow regulators/actuating valves, etc.
3. Maintain all plant materials inside and outside chain link fence
4. Maintain plumbing from inside all buildings to destination points
5. Maintain all electrical apparatus in all buildings (including light bulbs)
6. Remove snow from sidewalks and parking area as needed
7. Order and discontinue trash service
8. Maintain and change filters on HVAC unit.
9. Winterize and summarize ice machine; including new filters each year.
MCPHERSON RECREATION RESPONSIBILITIES
1. Clean all buildings, pool, slide, Lazy River, Spray Grounds, Party shelter building and all other pertinent
items at Water Park to begin opening the facility for the year.
2. Open Water Park to the public each day
3. Pick up all trash on the facility grounds, from Simpson to the railroad tracks and from Lakeside Drive to
west property line each evening and place in designated containers
4. Operate facility during hours set by City
5. Make decision when to close Water Park, if weather dictates
6. Operate any/all programs as agreed to with City
7. Operate concessions and keep concession room clean
8. Operate the vending area and keep vending area clean and orderly
9. Wash down the decks each day as needed
10. Remove all trash from receptacles each day and place in designated containers
11. Set lighting controls for operational safety and night security
12. Keep water slide and all play features appropriately waxed at all times
13. Maintain all water park play equipment
14. Maintain all deck equipment
15. Report any and/or all damages to City
16. Clean water feature strainers daily or as necessary for safe operation
17. Place chaise lounges, trash cans, etc. where needed or used by public
18. Fill Water Park in spring
19. Steel wool, or otherwise clean, all stainless steel as directed by City
20. Inspect everything inside of fence each morning and check for vandalism/damages and report same to
City
21. Close Water Park at the end of each day and insure that the facility is empty and locked
22. All keys for the facility will be checked out by the MRC at the beginning of the season and returned at
the end of the year.
23. Maintain water chemical balance
24. Keep Chlorine room and tab units clean and in proper operating condition
25. Keep acid room clean and all acid equipment maintained and in proper operating condition
26. Order all pool chemicals and add chlorine, acid and other chemicals as needed to insure appropriate
water quality
27. Acid wash pool areas as needed to keep facility clean (zero entry area)
28. Maintain adjustments of all water valves for all equipment
29. Handle all chemical needs of facility
30. Maintain all restrooms at the water park facility31. Set and maintain water flows to individual pieces of equipment
32. Maintain all tubes for Lazy River (patching them, etc)
33. Empty pool and winterize facility at the end of season – store and cover chaise lounges and tubes in
bathhouse
35. Maintain McPherson Water Park website content and social media.
36. Notify the Park Supervisor of all maintenance and capital improvement issues.
The Aquatics Director shall work on Water Park responsibilities year around with the majority of the work
being performed during February 1 - October 31. Aquatic Director and MRC staff will mail out employment
notifications for returning employees during the month of December. Start interview and hiring process in
January and February.
The Aquatics Director will power wash and acid clean the water areas as needed and fill the pools as well
as cleaning the entire facility and making it ready for the season.
The Aquatics Director should perform all duties in the best interests of the City of McPherson and
McPherson Recreation Commission.
The Aquatics Director should communicate with Park Supervisor and designee schedule for cleaning and
filling water park pool.
Aquatic Director will communicate with City of McPherson Public Lands and Facilities staff their work
schedule for the Water Park or at the YMCA office/aquatic complex.
Revised 12/9/2019
PLF Director
MRC DirectorAttachment B
2020 SEASON
MAY 24TH - AUGUST 9TH
Daily Admission: (No Refunds) Season Passes: (No Refunds)
Age 0-2 Free Family $235.00
3-7 $4.00 Individual $100.00
8 - 61 $5.00 Lap Swim $50.00 (M-F 12-1 & M-Th 7-8 PM)
62 - Up $4.00 (Scholarships available apply at MRC Office.)
Punch Card: (No Refunds) Lap Swim & Water Walking Hours:
10 Swims 3 - Up $35.00 Mon - Fri Noon - 1 PM Mon - Thur 7-8 PM
Two lap lanes during Open Swim Hours
Open Swim Hours:
Sun-Thur & Sat 1 PM - 7 PM Water Exercise: (June 1 - August 6)
Fri 1 PM - 8 PM 7:15 - 8:00 PM (Classes, Days & Time subject to chg.)
Aqua Exercise Monday
Children under 8 must be accompanied by Water Tabata Tuesday
a 14 year old or older. Deep Water Class Wednesday
Aqua Exercise Thursday
Lap Swim & Water Walking Mon - Thurs
(Close at 4:30 PM on TBA, TBA & TBA for Swim Meets. Water Exercise, Water Walking & Lap Swim will not be held these nights.)
Special Events: Party Shelter:
May 26 6th-12th Grade Free Swim 6-8 PM Can be rented for 2 Hours for $25 during Open Swim Hrs
June 12 Splash Bash June 26 Sports Night Great for birthday parties, family reunions, or any group.
July 17 Disney Night Aug 7 Luau Night
After Hours Rental: Temperature Policy to Open:
Call to check availability 75 degrees by Noon. Additional factors such as water
$225 per hour temperature and forecast are considered, as well.
For closing announcement:
Family Night: Go to the Web Site or Facebook Page
Every Friday from 5-8 PM Listen to KNGL/KBBE 1540 AM 96.7 FM
$10 for the Family Call the 620-755-2688 for recording
511 Lakeside Dr ~ 620-755-2688
For Information Prior to Season ~ 620-241-0363
MRC Office ~ 220 N Walnut
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