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6. Consultant will use keys issued during the Term of the Agreement per direction <br />of the Parks, Recreation and Community Services Department, and will pay for <br />any lost keys and/or rekeying of the Herkner Swimming Pool if deemed <br />necessary by City to regain security of the facility. All keys issued to Consultant <br />will be returned at the termination of this Agreement. If keys are not returned, <br />Consultant will be charged for the costs incurred to City for replacement and/or <br />rekeying. <br />7. Consultant may access pool mechanical room for routine filter cleaning and for <br />emergency shut-off purposes. Consultant shall notify City's Building Maintenance <br />staff immediately for all facilities -related failures (including, but not limited to, <br />mechanical, electrical and/or plumbing) for instructions. Consultant shall use the <br />emergency Building Maintenance call information clearly posted at the front office <br />of the Pool — by the phone. <br />Consultant agrees to strictly adhere to City's daily checklist and prevent checklist <br />of items before the Herkner Swimming Pool is opened each day for use. City <br />shall provide checklists to Consultant. All records are to be maintained on <br />binders/clipboards in the basket room at all times. <br />9. Any facility improvements must be first reviewed and approved by the City. <br />CITY'S DUTIES: <br />City shall pay Consultant for providing lifeguarding services at Herkner Pool for a <br />not -to -exceed amount of $40,000. Consultant will send City an invoice upon <br />completion of performance of Services. Fee will be based on the following: <br />-Up to 5 guards per day at $18 per hour; <br />-Approximately 270 hours for lifeguarding services; and <br />-Consultant marks up hour charges 25% for supervision and employee costs. <br />2. City shall inspect the Herkner Swimming Pool to meet all City, county, state, and <br />federal water quality standards required for swimming. <br />3. City shall maintain all equipment, water chemistry, and meet County Health <br />standards as provided through inspection and reports. <br />4. City shall provide for all utilities, water, and garbage collection. <br />5. City shall provide a telephone to Consultant for emergency use. <br />6. City agrees to allow Consultant to store pool equipment including paddles, <br />buoys, timing clocks, kickboards, fins and spin trainers at Herkner pool in an area <br />designated by City. <br />ATIY/AGR/2019.135/YMCA OF SILICON VALLEY <br />REV: 05-22-19 DZ <br />Page 10 of 10 <br />