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Council approves amended YMCA pool management agreement with revised liability language
Summary
The council approved an amended contract for the 2025 pool season with the Noble County YMCA after city counsel and staff revised indemnity language so each party is responsible for its own negligence; the YMCA will manage the municipal pool this summer under the adjusted terms.
Perry — The Perry City Council approved an amended agreement with the Noble County YMCA on Thursday to manage the city pool for the 2025 season after staff and legal reviewed and revised the contract’s indemnity provisions.
Council and YMCA representatives said the prior contract contained a mutual indemnity clause that could require one party to assume the other party’s attorney fees and liabilities in some circumstances. City legal counsel asked that the contract be revised to state that each party will be responsible for its own acts, failures to act or negligence in the delivery of services under the agreement.
Under the revised Section 6.1 presented to council, the parties agree that “each party shall be responsible for their own respective acts, failure to act and or negligence, if any, in the delivery of services pursuant to this agreement. Either party by executing this agreement assumes no liability for acts or omissions of the other.” The council approved the amended agreement and authorized staff to finalize the contract.
Why it matters: the modification clarifies liability allocation between the city and the YMCA, reducing the risk the city would be asked to indemnify the YMCA for YMCA operations (and vice versa). Staff said the YMCA will manage lifeguard staffing and daily operations under the amended terms and that the pool season opening schedule will proceed.
Ending: council voted to approve the amended YMCA pool-management agreement by roll call; staff will finalize signatures and coordinate operations for the 2025 season.
