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A. The City shall be responsible for the following: <br />1. Installing and maintaining all infrastructure of the Pools, including pumps, filters, <br />drains, chemical controller systems, concrete decks, fencing, concession stands, slides, <br />diving boards and furniture; <br />2. Purchasing and providing the necessary chemicals to safely operate the Pools; <br />3. Establishing rates for users of the Pools with input from the Board and Rec. Dept.; <br />4. Paying for and procuring adequate property and general liability insurance, and naming <br />the Board as an insured, to cover any losses that would be due to the acts, omissions or <br />negligence of the City, its officials, agents or employees; <br />5. Providing a separate, detailed annual accounting of all expenditures for the maintenance <br />or other infrastructure improvements of the Pools; <br />6. Providing appropriate safety and security services to the Pools; <br />7. Reimbursing the Board annually for the operating deficit of the Pools, defined as the <br />Board's Pool -related income less the direct expenditures of the Pools' operations. <br />B. The Board shall be responsible for the following: <br />1. Daily operations of the Pools including, but not limited to issuing swim passes, collecting <br />fees, scheduling, programing any events, water quality testing and operating the concession <br />stands where the City has not otherwise explicitly provided for the operation of <br />concessions; <br />2. Unlocking, locking and securing the Pools at the end of their daily operations; <br />3. Staff the Pools with qualified individuals for their positions, including licensed <br />lifeguards; <br />4. Train Board staff to conduct daily inspection of the Pools and any corresponding <br />equipment and physical structures for hazards and maintenance issues to ensure user safety; <br />5. Cleaning the pool drains and keep them clear of debris to allow for adequate water <br />filtration; <br />6. Cleaning the pool deck and interior building areas; <br />5. Promptly notifying the City of any necessary maintenance issues on a daily basis, prior <br />to the Pools opening to the public; <br />6. Paying for and procuring adequate general liability insurance, at the Board's sole <br />expense, naming the City as an additional insured, to cover any losses due to acts, <br />omissions or negligence of the Board, its officials, agents or employees; and <br />7. Providing a separate annual detailed accounting of all fees, other sources of income and <br />direct expenditures for the daily operation of the Pools, with an explanatory statement <br />should the annual Pools' operations deficit invoice exceed 9.99% from the previous year. <br />Section 3. RELATIONSHIP OF THE PARTIES <br />The Board and the City agree that this Agreement does not create a joint venture, agency <br />relationship or partnership. In the event a claim or cause of action for damages is asserted relating <br />4 <br />