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HomeMy WebLinkAbout7/19/2000 - STAFF REPORTS (17) DATE: July 19, 2000 TO: City Council FROM: Parks and Recreation Manager via Director, Department of Facilities PIRANHAS SWIM CLUB AGREEMENT RECOMMENDATION: That City Council approve a three-year agreement between the City of Palm Springs and the Piranhas Swim Club to provide a quality swim program for the citizens of Palm Springs. BACKGROUND: On May 21, 1997,City Council approved a three-year agreement between the City of Palm Springs and the Palm Springs Piranhas Swim Club, Inc.,) The proposed agreement content is consistent with past agreements that the City has had with the Piranhas.The only substantial change in the proposed agreement is the compensation.for use of City facilities, and section 6.3, "Covenant Against Discrimination," was changed to include sexual preference and domestic partnership status. In the previous agreement, the Piranhas paid the City$1,200 per quarter for use of the Swim Center facilities.A Parks and Recreation Commission subcommittee met with representatives of the Piranhas to discuss the agreement and its financial status. After much discussion, the subcommittee supported the decrease in quarterly payments to the City due to smaller enrollments. The amount being proposed in this agreement is$900 per quarter. At its May 24 meeting,the Parks and Recreation Commission approved a motion by a 4/0/1 vote to recommend that City Council approve this three-year agreement. /APPROVBY:1/4 VICKI OLTEAN, Parks and Recreation ManagerESELL, Director Parks and Recreation Division of Facilities APPROVED: M�r ger ATTACHMENTS: 1. Agreement RME10 BY pK OF 2. Minute Order �yA AGREEMENT This Agreement is made and entered into this day of 2000 between the City of Palm Springs, California, hereinafter referred to as "City," and the Pirauha Swim Team,hereinafter referred to as"Swim Team." RECITALS WHEREAS,the City and the Swim Team are mutually interested in and concerned with providing quality recreational acclivities for the citizens of Palm Springs;and WHEREAS,it is recognized that through a cooperative agreement between the City and the Swan Team the community will be afforded the fulfillment of one of its recreational goals for citizens. NOW THEREFORE,the City and the Swim Team do hereby mutually agree as follows: 1. INTENT OF AGREEMENT I.I. It is the intent of this Agreement to describe the responsibilities of the City and the Swim Team in their cooperative effort to effectively promote and provide competitive swimming for an average of fifty(50)youth and adults. 1.2. It is the intent of this Agreement that the City endorse and recognize the Swim Team as its representative to United States swimming events and local/regional invitational swim events. It is also the intent of this agreement that the Swim Team identify the City's Swim Center pool as its"home"pool for all swim meets held for or on behalf of this Swim Team. 1.3. It is the intent of this Agreement to solidify a supportive and working relationship between the Swim Team and the City. 1.4. It is the intent ofthis Agreement that both the City and the Swim Team acknowledge and direct their efforts toward the development of quality swim programs at the City's Swim Center. 2. AREAS OF RESPONSIBILITY 2.1. Fees and Charges 2.1.1. The Swim Team agrees to reimburse the City for pool rental quarterly. The quarterly payments shall be$900 for the term of this contract. Payment is due at the beginning of each quarter(starting with July). 1st Quarter July- September 2nd Quarter October-December 3rd Quarter January -March 4th Quarter April-June '��� AGREEMENT City of Palm Springs&Piranha Swim Team Page Two. 2.1.2. The City agrees to reduce the fee of pool rental by$100 per week as maintenance on the pool forces pool closure ofthe Swim Center pool for any part of the week thereof. 2.1.3. For swim meets that involve four or more teams, a $1.25-per- swimmer charge shall be paid to the City by the Swim Team within sixty(60)days following the meet. Extensions up to sixty(60)days will be granted if fiords from U.S.S. swimming are not received. Requests for extensions must be made in writing. 2.1.4. Swim Team shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer, hereinafter defined, to evaluate the performance of such services. The Contract Officer shall have fiill and free access to such books and records at all times during normal business hours of City,including the right to inspect,copy and audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 2.2. Pool Use and Scheduling 2.2.1. The City shall make the Swim Center available on a shared, non- exclusive basis, which does not interfere with the City's other recreation programs. Notwithstanding the foregoing,it is understood that the Swim Team shall be permitted to utilize the Swim Center in accordance with the schedule below. This schedule is subject to change with the approval of the Contract Officer and in accordance with Section 2.2.2. In the event of scheduling conflict,the City has sole discretion to resolve such conflicts, but the City shall act in a timely manner. During high school water sports season, Palm Springs Unified School District schools shall have priority use of Swim Center. TYPICAL SCHEDULE OF PRACTICE SESSIONS: 5:00 am. to 7:30 am. Monday-Friday 3:45 pm.to 7:30 pm. Monday-Friday 7:30 a.m.to 9:30 am. Saturday TYPICAL SHARED USES: Lap Swimming Diving Programs Lesson Programs Lifesaving Programs Water Polo Pool Parties Exercise Programs /Vol AGREEMENT City of Palm Springs&Piranha Swim Team Page Three. 2.2.2. Written request by the Swim Team for seasonal practice schedules must be submitted at least thirty (30) days in advance of beginning date of schedule. 2.2.3. The Swim Team shall submit a Facility Use Application form at least thirty (30) days prior to swim meets. The City agrees to make the pool available if such use does not impact on scheduled City programs or facility closures. Whenever possible, the Swim Team shall try to accommodate joint use of the pool for dual meets that are held at the Swim Center. 2.2.4. The City agrees to rent, at a minimal rate, the Pavilion kitchen, if available. The Facility Use Application form shall be submitted by the Swim Team at least four(4)months prior to the swim meet. 2.2.5. The Swim Team agrees that the kitchen will be used in an orderly fashion. The Swim Team takes full responsibility to see that the and kitchen is returned in the same condition found upon first day of rental. 2.2.6. Swim Team members shall not enter the Swim Center facility for meets or practices until a coach or designated Swim Team adult representative is on deck to supervise unless that Swim Team member has paid the public fee to use the pool. 2.2.7. When the Swim Center is closed for maintenance, efforts to secure the Boys & Girls Club's pool for Swim Team's practices will be made. Rental fees for use of the Boys& Girls Club's pool shall be absorbed by both the City and Swim Team based on usage. 2.3. Coaching Staff 2.3.1. The Swim Team shall have complete responsibility for the control and supervision of its coaching staff. 2.3.2. The Swim Team shall be responsible for the control and safety of its members and guests within the confines of the pool deck, locker rooms and pool. 2.3.3. It is the responsibility of the Swim Team to insure that all coaching staff is currently certified in C.P.R.,First Aid and lifeguard training. The United States Swimming Coach's Certification in First Aid can apply to this qualification. Proof of such certification must be presented by the Swim Team on a yearly basis. /YA 3 AGREEMENT City of Palm Springs&Piranha Swim Team Page Four. 2.4. Equipment and Storage 2.4.1. The City shall provide storage area on a joint-use basis for the swim Team. The Swim Team shall not hold the City liable for damages for theft of equipment or materials stored on City property. 2.4.2. The Swim Team shall install equipment necessary to conduct practice and swim meets with the exception of starting blocks. In a like manner, the Swim Team shall remove, in a timely fashion, all equipment that is installed to conduct practice and swim meets(with the exception of starting blocks). 2.4.3. The Swim Team shall repair or replace, at its expense, damaged equipment if damage occurred as a result of negligence by the Swim Team or its officers, employees,members or invitees. 2.4.4. The City shall repair or replace damaged equipment,ifdamaged other than by the Swim Team,at City's expense and in a timely manner. 2.4.5. The Swim Team shall notify the City of any damaged equipment in need of repair. As non-performance of requested repairs occurs,the Swim Team shall be held harmless from any claim filed against the Swim Team for injury resulting from said damaged equipment. 2.4.6. If the rental of joint-use equipment is deemed appropriate, a charge of$40/day will be imposed. All proceeds will be donated back to the City for purchase of more joint-use equipment. 2.5. Swim Meets 2.5.1. The Swim Team shall clean up all areas in and around the Swim Center impacted by its use. The City shall coordinate with the Swim Team arrangements for trash pick-up and provide equipment/ supplies to maintain the cleanliness of the surrounding area if trash pick-up is not readily available during the time of the swim meet. 2.5.2. The Swim Center shall be closed to the public and to all City Program whenever the Swim Team utilizes the Swim Center for a meet. During this time,the Swim Team accepts full responsibility for the control and safety of the general public, as well as the Swim Team's members and guests. The Swim Team shall provide a first aid kit and sufficient supplies to render first aid service during the time of the swim meet. The City shall provide access to back boards during the time of the scheduled swim meet. I V AIV AGREEMENT City of Palm Springs&Piranha Swim Team Page Five. 2.5.3. The Swim Team shall notify the City of any dual meets that could allow safe access ofthe pool for joint use. The Swim Center staffand Swim Team are jointly responsible for the control and safety of swimmers as pool utilization is shared. 2.5.4. Following the completion of swim meets,the Swim Team remains responsible for the control and safety of its guests and general public until the Swim Center is cleaned and the admission gates are locked by a Swim Team representative. 2.5.5. The Swim Team must maintain on file two(2)copies of its Articles of Incorporation, Bylaws, and Rules and Regulations with the City Clerk's office. Any revisions must be submitted to the Recreation Manager prior to action by the Swim Team's Board. 3. INSURANCE AND ENDLMNi CATION 3.1. The Swim Team shall procure and maintain, at its sole cost and expense,in a form and content satisfactory to City,during the entire term of this Agreement,including any extension thereof,the following policies of insurance: a. Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on aper-occurrence basis with a combined single limit of$1,000,000. b. Worker's Comge n.a ion Insurance. A policy of workers compensation insurance in such amount as will fully comply with the laws of the State of California and that shall indemnify, insure and provide legal defense for both the Swim Team and the City against any loss,claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any person retained by the Swim Team in the course of carrying out the work or services contemplated in this Agreement. C. Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per-occurrence basis in an amount not less than either(i)bodily injury liability limit of$250,000 per person and$500,000 per occurrence and property damage liability limits of $100,000 per occurrence and $250,000 in the aggregate, or (ii) combined single limit liability of$500,000. Said policy shall include coverage for owned,non-owned, leased and hired vehicles. 'HAO S AGREEMENT City of Palm Springs&Piranha Swim Team Page Six. All of the above policies of insurance shall be primary and shall name the City,its officers, employees and agents as additional insureds. The insurer shall waive all rights of its subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty(30)days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Swim Team shall, prior to the cancellation date,submitnewevidenceofinsurance in conformance withthis Section 3.1 to the Contract Officer. No work or services under this Agreement shall commence until the Swim Team has provided the City with Certificates ofInsurance or appropriate insurance binders evidencing the above insurance coverage and said Certificates of Insurance or binders are approved by the City. The Swim Team agrees that the provisions of this Section 3.1 shall not be construed as limiting in any way the extent to which the Swim Team may be held responsible for the payment of damages to any persons or property resulting from the Swim Team's activities or the activities of any person or persons for which the Swim Team is otherwise responsible. In the event the Swim Team subcontracts any portion of the work or services, the contract between the Swim Team and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Swim Team is required to maintain pursuant to this Section 3.1. 3.2. Indemnification. Swim Team agrees to indemnify the City,its officers,agents and employees against,and will hold and save them and each ofthem harmless from,any and all actions,suits,claims,damages to persons orproperty,losses,costs,penalties, obligations,errors,omissions or liabilities(herein"claims or liabilities")that may be asserted or claimed by any persons,firm or entity arising out ofor in connection with the negligent performance of the work, operations or activities of the Swim Team, its agents,employees,subcontractors or invitees,provided for herein,or arising from the negligent performance of or failure to perform any term,provision,covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees,but excluding such claims or liabilities arising from the sole negligence or willful misconduct ofthe City, its officers,agents or employees who are directly responsible to the City and, in connection therewith: /yAL AGREEMENT City of Palm Springs&Piranha Swim Team Page Seven. a• Swim Team will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees, incurred in connection therewith; b. Swim Team will promptly pay any judgment rendered against the City, its officers, agents or employees for any claim or liabilities arising out of or in connection with negligent performance of or failure to perform such work,operations or activities of Swim Team hereunder; and Swim Team agrees to save and hold the City, its officers,agents and employees harmless therefrom; C. In the event the City, its officers, agents or employees, is made a party to any action or proceeding filed or prosecuted against Swim Team for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Swim Team hereunder, Swim Team agrees to pay the City, its officers, agents or employees, any and all costs and expenses incurred by the City,its officers,agents or employees, in such action or proceeding, including,but not limited to,legal costs and attorneys'fees. 3.3. Sufficiency of Insurer or Surety. Insurance or bonds required by the Agreement shall be satisfactory only if issued by companies qualified to do business in California rated"A"or better in the most recent edition of Best Rating Guide,The Key Rating Guide or in the Federal Register,and only if they are of a financial category Class VII or better,unless such requirements are waived by the Risk Manager of the City ("Risk Manager")due to unique circumstances. In the event the Risk Manager ofthe City determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City,the Swim Team agrees that the minimum limits of the insurance policies and the performance bond required by this Section 3 may be changed accordingly upon receipt of written notice from the Risk Manager, provided that the Swim Team shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten(10)days of receipt of notice from the Risk Manager. 4. WAIVER OF UTILITY FAH VRE 4.1. The Swim Team expressly waives any and all claims to the City for compensation for any and all losses or damages sustained for any reason or any defect,deficiency or impairment of any utility system,water supply system,drainage system,electrical apparatus or wires serving the Swim Center. /yA� AGREEMENT City of Palm Springs&Piranha Swim Team Page Eight. 5. ENFORCEMENT OF AGREEMENT 5.1. California Law, This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute,claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,or any other appropriate court in such county,and Swim Team covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 5.2. Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten(10) days of service of such notice and completes the cure of such default within forty-five(45) days after service of the injured party;provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured,provided that nothing herein shall limit City's or Swim Team's right to terminate this Agreement without cause pursuant to Section 5.8. 5.3. Retention of Funds. Swim Team hereby authorizes City to deduct from any amount payable to Swim Team (whether or not arising out of this Agreement) (i) any amounts for which payment may be in dispute hereunder or are necessary to compensate City for any losses,costs,liabilities or damages suffered by City,and(ii) all amounts for which City may be liable to third parties,by reason of Swim Team's acts or omissions in performing or failing to perform Swim Team's obligation under this Agreement. In the event that any claim is made by a third party,the amount or validity of which is disputed by Swim Team,or any indebtedness shall exist which shall appear to be the basis for a claim or lien,City may withhold from any payment due,without liability for interest because of such withholding,an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Swim Team to insure, indemnify and protect City as elsewhere provided herein. �yA� AGREEMENT City of Palm Springs&Piranha Swim Team Page Nine. 5.4. Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiting the parry's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 5.5. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it,at the same or different time,of any other rights or remedies for the same default or any other default by the other party. 5.6. Legal Action. In addition to any other rights or remedies,either party may take legal action,in law or in equity,to cure,correct or remedy any default,to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief', or to obtain any other remedy consistent with the purpose of this Agreement 5.7. Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Swim Team, except that where termination is due to the fault of the Swim Team, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition,the Swim Team reserves the right to terminate this Agreement at any time, with or without cause,upon sixty(60)days'written notice to City,except that where termination is due to the fault of the City,the period of notice may be such shorter time as the Swim Team may determine. 5.8. Attorneys'Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding,in addition to any other relief which may be granted,whether legal or equitable,shall be entitled to reasonable attorneys' fees. Attorneys'fees shall include attomeys'fees on any appeal. In addition,a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery,and all other necessary costs the court allows that are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. NO AGREEMENT City of Palm Springs&Piranha Swim Team Page Ten. 6. CITY OFFICERS ANp EMPLOYEES. NON DISCRINIINATION 6.1. Non-liability of City Officers and Employees. No officer or employees of the City shall be personally liable to the Swim Team or any successor in interest in the event of any default or breach by the City or for any amount that may become due to the Swim Team or to its successor or for breach of any obligation of the terms of this Agreement. 6.2. Conflict of Interest. No officer or employee of the City shall have any financial interest,direct or indirect,in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement that affects his financial interest or the financial interest of any corporation,partnership or association in which he is directly or indirectly interested,in violation of any state statute or regulation. The Swim Team warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.3. Covenant Against Discrimination. Swim Team covenants that,by and for itself,its heirs,executors,assigns and all persons claiming under or through them,there shall be no discrimination against or segregation of any person or group of persons on account ofrace,color,creed,religion,sex,marital status,sexual preference,domestic partnership status,stational origin or ancestry in the performance of this Agreement. 7. MISCELLANEOUS PROVISIONS 7.1. Notice. Any notice, demand, request, document, consent, approval or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid,first- class mail,in the case of the City,to the City Manager,CITY OF PALM SPRINGS, P.O.Box 2743,Palm Springs,California 92263,and,in the case of the Swim Team, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time ofmailing if mailed as provided in this section. 7.2. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship ofthis Agreement or any other rule of construction that might otherwise apply. �yl�lb AGREEMENT City of Palm Springs&Piranha Swim Team Page Eleven. 7.3. Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any,between the parties and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 7.4. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of court ofcompetent jurisdiction,such invalidity or imenforceability shall not affect any ofthe remaining phrases,sentences, clauses, paragraphs or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 7.5. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement,and(iv)the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 8. COORDINATION OF WORK 8.1. Representatives of Swim Team. The following principals of Swim Team are hereby designated as being the principals and representatives of Swim Team,authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: President or Board of Directors'Designee P. O. Box 4643 Palm Springs, CA 92263 It is expressly understood that the experience,knowledge,capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Swim Team and devoting sufficient time to personally supervise the services hereunder. However,if,through the course ofthis three-(3-)year contract,the representatives ofthe Swim Team change,written notice of such change shall be submitted to the City. A change in representatives shall not represent a change in the intent or direction of the contractual agreement between the City and the Swim Team. IVAN AGREEMENT City of Palm Springs&Piranha Swim Team Page Twelve. 8.2. Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Swim Team's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Swim Team shall refer any decisions that must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall need the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 9. TERM 9.1. Unless earlier terminated in accordance with Section 5.7 of this Agreement, this Agreement shall continue in full force and effect for a period not exceeding three(3) years from the date hereof,except as otherwise provided. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: PIRANHA SWIM TEAM Rutan& Tucker By: By: David J. Aleshire Board Member City Attorney Board Member Board Member Board Member Board Member Board Member Address City State Zip INA a MINUTE ORDER NO. APPROVING THE THREE-YEAR AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PIRANHAS SWIM CLUB TO PROVIDE A QUALITY SWIM PROGRAM FOR THE CITIZENS OF PALM SPRINGS. I HEREBY CERTIFY that this Minute Order, approving the three-year agreement between the City of Palm Springs and the Piranhas Swim Club to provide a quality swim program for the citizens of Palm Springs, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 191i day of July, 2000. BY: PATRICIA A. SANDERS City Clerk /Y 46