2018/05/09 Council Agenda Packet

5 City will adjust this deposit(by additional deposit by the YMCA or by refund to the YMCA) so that the deposit equals at least 150% of the average monthly amount of Everett Resident User Fees collected in cash by the YMCA during the preceding twelve months. D. Pool Use and Monitoring. Subject to applicable law, the YMCA will collect data on Everett Resident User YMCA Pool usage and report usage as well as collected revenue from Everett Resident User usage on a monthly basis. These monthly reports must include a financial section along with back up documentation detailing Everett Resident User transactions that equal the cash-paid Everett Resident User Fees. City staff will review the monthly reports. If issues or questions arise based on this monthly review,the YMCA will assist in resolving questions and issues. The YMCA will ensure that proper cash handling procedures and internal controls are in place and that all accounting procedures comply with generally accepted accounting principles. If needed,the YMCA will verify City resident status on a basis mutually agreed upon by the City and the YMCA. The City may conduct random performance/financial audits which do not unreasonably interfere with the normal business operations of the YMCA. The performance/financial audit protocols and intervals will be determined by the senior staff coordinating group (see below)with recommendations from the State Auditor's Office if deemed necessary. E. Complete Payment. Both parties acknowledge that the City will not revisit this Agreement for purpose of increasing payments to the YMCA. The Access Payments represent payment-in-full for all rights granted to the City in this Agreement. The YMCA acknowledges that City resources are extremely limited. The YMCA acknowledges its responsibilities under Section 1 above to operate and maintain the YMCA Pool. The YMCA agrees to not request the City to increase compensation to the YMCA in the event that those responsibilities are more costly than the YMCA anticipated. 4. Aquatic Programming. The City and the YMCA agree to coordinate the delivery of aquatic programs at the Forest Park Swim Center and YMCA Pool. The City and the YMCA, through the senior staff coordinating group (below), will designate program representatives to communicate and facilitate coordination of aquatic programs to benefit City residents and YMCA members. Annually, the City and the YMCA representatives will review the aquatic programs for coordination, effectiveness and planning. Included in the annual review will be the YMCA's schedule and implementation of the Everett Resident User access provided in this Agreement. If the coordinating group has recommendations for the YMCA with respect to such access,the 7 51