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HomeMy Public PortalAboutYMCA executed Contract 02-28-2019.pdfSTATE OF GEORGIA ) AGREEMENT COUNTY OF CHATHAM ) This Agreement, made and entered into this c..2 day of 2019 by the City of Tybee Island, Georgia, (hereinafter the "City") and YMCA of Coastal Ge rgia, Inc. (hereinafter '`YMCA"). WITNESSETH: WHEREAS, the City is a municipal corporation under Georgia law authorized to 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 the 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 the 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 the YMCA, intending to be legally bound, hereby covenant and agree as follows: I. 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. building. b. Provide for open access to the gym by maintaining a presence in the c. Provide financial statements including monthly budget to actual and annual revenues and expenditures on a quarterly basis, including year to date calculations. d. Provide program evaluations and program participation reports on a quarterly basis, including resident and visitor statistics. e. Coordinate the scheduled maintenance of the gymnasium with the Department of Public Works pursuant to a maintenance schedule and work order process. f. Provide capital equipment consisting of fitness equipment used exclusively in the YMCA Fitness Center located in the Annex Building. - Page 63 - 3. The YMCA will open the Solomon -Youmans Complex (the gymnasium) to Tybee residents at no charge and will be allowed to partition the gymnasium for YMCA programming. The YMCA will provide staff to monitor activities in the gymnasium from: a. 5:30 am -9:00 p.m. Monday – Thursday b. 5:30 am -8:30 p.m. Friday c. 8:00 am -6:00 p.m. Saturday d. l :OOpm-5 :00 p.m. Sunday The YMCA will charge non-resident, non -YMCA member rates to use the gymnasium and these rates will be determined by the YMCA but reported to the City. 4. The YMCA shall have exclusive use of the Annex Building used for the YMCA fitness center. 5. 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. 10% discount given to Tybee Island residents for all youth programs. b. Tybee residents over the age of 60 may participate in Group Exercise Classes at no charge and without having a YMCA membership. c. Tybee residents will be able to join the Tybee Island YMCA for a reduced rate. This membership will only be valid at the Tybee Island YMCA branch. d. Teen programming will be offered at no charge or at a reduced rate. 6. 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. "Normal maintenance" as used herein is to include janitorial and cleaning type services and repairs of less than $1,000.00 in value. A schedule of janitorial and cleaning activities is attached hereto. This should not include the cost of improvements or repairs in excess of $1000.00 to such facility and those maintenance responsibilities will be the City responsibility. Schedule 1. 7 The YMCA shall establish and maintain a Board of Managers including City residents. 8. The YMCA shall provide a list of proposed annual recreational programing and a timeline to be presented to the City Council at the November meeting of each year. All new recreational programs will be approved by the City Manager before implementing. 9 The YMCA shall provide full fitness center membership rights at no charge for Tybee Island Fire Department and Police Department personnel including volunteers. Further, the YMCA shall provide full fitness center membership rights at no charge to all city employees and elected officials. 10. The YMCA shall coordinate with the City Manager all aspects of implementing this Agreement. 11. As part of the consideration herefor, the City shall pay the YMCA an amount equal to one -twelfth (1/12) of the approved YMCA annual budget with such payments being made on a monthly basis. The annual budget to calculate such fees must be submitted to the City sixty (60) days prior to the end of the then current fiscal year and must be approved by the City. - Rage 64R 12. Participants shall submit proper paperwork to the City to reserve facilities following the standard operating procedures of the City. 13. The City's responsibilities will be the following: a. Designate the classrooms in the former school that are available for use by b. Provide telephone/fax/computer network for the gymnasium. c. Provide the utilities for the gymnasium, old school and school annex the YMCA. building. d. Provide for capital equipment or items for City use other than fitness equipment used exclusively in the YMCA fitness center. The City will do this through its annual budget. The YMCA will provide recreational equipment. e. The City will provide for capital improvements to its buildings and any modification to recreational facilities through its annual budget process. g. Coordinate the use of the recreation facilities for special events with the YMCA Director and through the City's facilities coordinator. h. Provide evaluation of the YMCA programming, routine facility maintenance and utility usage. i. Communicate with the YMCA Director, the cleaning schedule as well as scheduled ground maintenance so as to conduct activities in an efficient and non -disruptive manner. 14. The City will assist the YMCA in communicating and promoting all programs and services by posting information prepared by the YMCA on the Tybee public access channel, distributing information in City Hall and other mutually agreed upon promotional avenues. 15. 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 and ground preparations prior to the start of sports seasons and special events; 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. 16. 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. 17. COOPERATION BETWEEN THE PARTIES. The City and the YMCA shall fully cooperate with each other in the programming, equipment handling, equipment maintaining, transportation, and facility readiness and all other aspects of the arrangement documented by this Agreement. 18. 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 ,es or this Agreement without the written consent of the City. - Page 65 - 19. IDEMNIFICATION. YMCA, its successors in title and assigns, shall indemnify, protect, save and hold harmless the City, its officers, council persons, 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 persons 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 amounts paid in settlement. 20. 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, lightening, 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. 21. RIGHT TO TERM1NATE. The City and the YMCA agree that either party may terminate this agreement for any reason, or for no reason, upon giving the other party one hundred and eighty days (180) days written notice of the termination. 22. TERM. This Agreement shall be effective for a period of five (5) years unless it is not renewed pursuant to the terms hereof. As required by Georgia law, all obligations of the City shall conclude at the end of each fiscal year; however, the Agreement shall automatically renew on an annual basis for any year until five (5) years from the date hereof in which the City does not provide written notice of its election not to renew ninety (90) days in advance of the end of the City's then current fiscal year. - Page 66 - 23. The City shall be responsible for cleaning, regular maintenance and repairs to the following areas: a. HVAC systems in all buildings, including filter replacement in all units, plumbing and electrical systems, water heaters, maintenance and upkeep of the facility structures. b. Weekly cleaning of the gymnasium floor. The YMCA will be responsible for the cleaning, maintenance and minor repairs as defined herein of the following areas: Janitorial services for the gymnasium, Annex and Old School, excluding the Old School Cafeteria, and rooms not designated for YMCA programming in the Old School according to Schedule 1. IN WITNESS WHEREOF, the Parties hereto have set their hands and seal thisc2# day of . 2019. CITY OF TYBEE ISLAND, GEORGIA BY: Reviewed and approved as to form: BY: O. EDWARD M. HUG S, CITY ATTORNEY - Page 67 - J LEVINER, CITY CLERK YMCA OF COASTAL GEORGIA, INC. BY: Print N -�e: 77-0‘c ATTEST: Print Name: 5 AN (-tP12 J Schedule 1 HOUSEKEEPING AND JANITORIAL SERVICES All of the following services are to be completed. DAILY: Lobby/Office/Common Area All of the above areas should receive daily floor cleaning to include damp mopping of all hard surface areas, vacuuming of all carpeted areas, and scrubbing/spot cleaning of any heavily soiled surfaces All of the above areas should receive daily removal of trash to include red hazardous waste containers. All trash to be deposited in trash dumpster onsite, any recyclables to be placed in recycling canister on site, and hazardous materials to be boxed and taped for collection of hazardous waste company. All of the areas above to have all plumbing fixtures scrubbed and cleaned. Fixtures include sinks, faucets, water fountains, bottle filling stations, toilets and urinals. All of the above areas to receive horizontal dusting of surfaces to include file cabinets, chairs, tables, desktops, computers, phones and any further furniture located in these areas. All of the above areas to receive daily dusting of all tiles and air vents. All of the above areas to receive glass cleaning of all glass surfaces found within these locations. All of the above areas to be sanitized during cleaning with an approved medical disinfectant. DAILY: Restrooms Restrooms to receive daily (and as needed) stocking of all supplies such as hand towels, tissue and hand soap. All sanitary napkin receptacles should be emptied daily (and as needed) and disinfected. Empty trash receptacles and wipe if needed. Clean and polish mirrors. Sinks, faucets, toilets and urinals to be cleaned and disinfected inside and out. Clean/dust partitions, tops of mirrors and frames and all ceiling vents. All splash marks from walls, mirror and around sinks to be removed. Disinfect all countertops, plumbing fixtures and floors. All surfaces to be disinfected with an approved medical disinfectant. - Page 68 - DAILY: Rooms All trash/recyclable receptacles to be emptied and trash removed to appropriate dumpster location. All trash/recyclable cans to be cleaned inside and out. Wipe down all cabinets, refrigerators and microwave doors and dust the topes of these pieces of equipment. Clean and disinfect all drinking fountains/bottle filling stations. Wipe all chairs down. Clean and disinfect sinks, faucets and hardware. Clean/disinfect all tables and countertops. Dust mop hard surface floors, then damp mop with approved disinfectant. Clean interior and exterior of any windows or partition glass. WEEKLY: Lobby/Office/Common Areas Dust all vertical surfaces of desk, file cabinets, chairs, tables and other furnishings. Thoroughly dust all base boards. Remove fingerprints and marks from around light switches and doorframes. Scrub gymnasium floor, using specialized equipment. ANNUAL Annual strip and wax of all VCT floors. - Page 69 -