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HomeMy Public PortalAboutYMCA 2-22-07 STATE OF GEORGIA AGREEMENT FOR SERVICES COUNTY OF CHATHAM ) This Agreement, made and entered in to this Sa, day of , 07 by the City of Tybee Island, Georgia, (hereinafter the "City ") and YMCA of oastal Georgia, Inc. (hereinafter "YMCA "). WITNESSETH: WHEREAS, the City is a municipal corporation under Georgia law authorized to provide recreational services, activities and facilities to citizens and is desirous of improving its ability to do so; and, WHEREAS, the YMCA is a non - profit corporation engaged in providing programs, facilities and equipment for sporting and recreational activities and programming; and WHEREAS, the City is desirous of entering into an agreement with YMCA in order to better provide recreational activities, equipment and facilities to the citizens of Tybee Island; and, WHEREAS, the parties wish to enter into an agreement to jointly provide recreational facilities, services and programs to all citizens of Tybee Island; and, WHEREAS, it is the intent of the City and YMCA to continue to work together in good faith under this agreement, the policies of the City and applicable laws of the City and the State of Georgia, to assure the success of the program. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained the City and YMCA, intending to be legally bound, hereby covenant and agree as follows: 1. The YMCA shall provide a Director who will work with the City of Tybee Island to provide recreational programs for the City. The Director shall be a YMCA employee. 2. The YMCA Branch Director's responsibilities will be the following: a. Coordinate with the City Manager to provide recreational programs to City residents. b. Provide for open access to the gym by maintaining a presence in the building. c. Provide financial statements including monthly budget to actual and annual revenues and expenditures. d. Provide program evaluations and monthly program participation reports including resident and visitor statistics. 1 of 5 1 e. Coordinate the scheduled maintenance of the gym with the building maintenance department through the use of work orders. f. Provide capital equipment, namely fitness equipment, used exclusively in the YMCA fitness center located in the old school annex. 2. The YMCA will open the Solomon - Youmans Complex (the gym) to Tybee residents at no charge and will be allowed to partition the gym for YMCA programming. The YMCA will provide staff to monitor activities in the gym from: a. 5:30 a.m. — 9:00 p.m. Monday — Thursday b. 5:30 a.m. — 8:00 p.m. Friday c. 8:00 a.m. — 6:00 p.m. Saturday d. 1:00 p.m. — 5:00 p.m. Sunday 3. The YMCA shall have exclusive use of the Annex Building used for the YMCA fitness center. 4. The YMCA, through the YMCA Branch Director, shall determine fees for programs, and reduce the fees charged to Tybee Island residents for those programs by the following schedule: a. $20.00 for ages 1 -64 for sports programs; b. $25.00 for ages 65 and above for sports programs c. $10.00 for Teen Center Club, Events, Dance & Parties d. $20.00 weekly for after school care, summer and holiday camp. 5. The YMCA shall be responsible for the normal maintenance of the city owned facilities or areas that are assigned for the exclusive use of the YMCA. This does not include the cost of capital repairs to such facilities. 6. The YMCA shall establish and maintain an Advisory Committee of City residents. 7. The YMCA shall provide a list of proposed annual programs and a timeline to be presented to the City Council at the November meeting of each year. The City Manager will be informed of all new programs prior to their implementation and will notify the YMCA Director of any concerns regarding a given program. 8. The YMCA shall provide full fitness center membership rights at no charge for Tybee Island Firefighters and Tybee Island Police Officers. 9. The YMCA shall coordinate with the City Manager all aspects of implementing this Agreement. 10. The City shall pay the YMCA one - twelfth (1/12 of the approved annual budget each month. 2 of 5 11. The City's responsibilities will be the following: , Designate-the classrooms in the former school that are available for use by the YMCA b. Provide telephone /fax/computer network for the gym. c. Provide the utilities for the gym, old school and school annex building. d. Provide for capital equipment, other than fitness equipment used exclusively in the YMCA fitness center, through the annual budget process. e. Provide for capital improvements and modifications of the recreation facilities through the annual budget process. f. Provide personnel to operate specialized cleaning equipment for the gym. g. Coordinate the use of the recreation facilities for special events with the YMCA Director. h. Provide evaluation of the YMCA programming, routine facility maintenance and utility usage. 12. The City will assist the YMCA in communicating and promoting all programs and services by posting information prepared by the YMCA on the Tybee Channel, and by distributing information in City Hall. 13. USE OF CITY PROPERTY. The City agrees to make its property available pursuant to this and such separate agreements as may be appropriate, for the use of the YMCA in conducting programs authorized hereunder and to provide certain equipment for use in the programs. The City will perform its ordinary and normal ground maintenance, however, if the requirements of the YMCA programs necessitate additional grounds maintenance, the YMCA will assist the City in preparing the property for use in the programs and the parties will cooperate in good faith in order to facilitate the programs. 14. INDEPENDENT CONTRACTOR. The relationship between the City and the YMCA shall be that of an independent contractor, and neither the YMCA nor its employees shall be deemed an employee, representative or agent of the City of any reason whatsoever. Neither the YMCA nor its employees is entitled to receive from the City any insurance coverage, workers' compensation benefits, pensions, profit sharing, paid vacation, sick leave, disability or other benefits which might normally be provided by the City to its officers or employees. 15. COOPERATION BETWEEN THE PARTIES. The City and the YMCA shall fully cooperate with each other in the programming, equipment handling, and equipment maintaining, transportation, and facility readiness. 16. ASSIGNMENT AND SUBLEASING. The YMCA may not without the consent of the City, sublease any premises described herein nor assign any of its rights or interests in any premises or this agreement without the written consent of the City. 3 of 5 1 17. IDEMNIFICATION. YMCA, its successors in title and assigns, shall indemnify, protect, save and hold harmless the City, its officers, council person, employees and agents from and against any and all claims, demands, judgments, set -offs, losses, damages, liabilities, awards, fines, and expenses, including without limitation, the concurrent negligence of one or more of the parties herein indemnified and YMCA, its successors in title, and assigns, the contributory negligence of any party indemnified herein and any third party, and any attorney's fees, expenses or other costs associated with or incurred, based on or in any manner relating to the subject matter of this agreement or the use of any premises hereunder, including but not limited to, injury to person or property, actual damages, consequential damages, punitive damages, losses, set -offs, warranty claims, products liability claims, conversion claims, nuisance claims, provided however, that nothing contained in this provision shall be interpreted to indemnify or hold harmless any indemnified party against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence or willful misconduct of such indemnified party. Without limiting the foregoing indemnity, YMCA, its successors and assigns, shall indemnify the City for all defense costs, including reasonable attorney's fees, judgments and mounts paid in settlement. 18. INSURANCE. The YMCA agrees that it shall at all times during the term hereof, at its own expense, and in the name of and for the protection of itself, the City, and such other persons as the City may designate, keep policies of insurance with an insurance company approved by the City as follows: a. All equipment and improvements located on the premises shall be fully insured against loss by fire, lighting, windstorm and other casualties. b. Public liability insurance in the usual form indemnifying the parties described above against loss or damage occasioned by any incident or casualty occurring in, upon or about the premises or the sidewalks, alleys or other property adjacent thereto or for any incident or casualty occurring or arising from or by reason of or in connection with activities conducted by YMCA and/or the City under this agreement. Such policy or policies shall provide at least the following limits of coverage: $1,000,000.00 with respect to any injury to any one person; $3,000,000.00 with respect to injury resulting from any one occurrence giving rise to liability; $1,000,000.00 with respect to any injury or damage to property. c. All insurance policies required pursuant to this agreement shall contain an express waiver of any rights of subrogation by the insurer against the City which shall be named as additional insured. 19. RIGHT TO 'TERMINATE. The City Council of The City of Tybee Island and YMCA agree that either party may terminate this agreement for any reason, or for no reason, upon giving the other party 30 days written notice of the termination. SIGNATURE PAGE TO FOLLOW 4 of 5 1 IN WITNESS WHE' OF the Parties hereto have set their hands and seal this Ld day of _ ' _ __ ,2007. CITY OF TYBEE ISLAND, GEORGIA BY: ' ,� BUE ERMAN, MAYOR ATTEST: '-0 VIVIAN WOODS, CITY CLERK Reviewed and approved as to form BY: EDWARD M. HUGHES, ciTY ATTORNEY Signed, Sealed and Delivered In the presence of: / / .l. r //4ir : ■ DIANNE K. OTTO WINES ' Notary Public, Chatham County, GA My Commission Expires November 6, 2010 . .. A. - Cli Y PUBL C YMCA OF COA TALGEORGIA, INC. BY: 2 Print Name: RAIJ 1X aU (,o 5 ATTEST: CA t-9tt- Print Name: . je\ YJNeo Signed, Sealed and Delivered In the presence of: WITNESS NOTARY PUBLIC 5 of 5