HomeMy WebLinkAboutIII (G) Approval and Authorization for Mayor and City Clerk to Execute the Agreement with YMCA for the Beech Recreation Facility Aquatic Center / / Agenda 9-18-2001
Item III G
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STAFF REPORT
TO: The Mayor and City Commissioners
FROM: Bruce Nordquist, CPRP, Director of Recreation 6l 1
DATE: September 10, 2001
RE: Agreement for the Beech Multi-Purpose Recreation Facility Aquatic Center
ISSUE:
Should the Mayor and Commissioners approve the Agreement between the City of Ocoee
and the YMCA.
BACKGROUND & DISCUSSION:
The City of Ocoee and the YMCA have entered into an Agreement for the Aquatic Center.
Basically, the YMCA will schedule the lifeguards and provide training and all certifications
necessary. They will provide instructors for swim lessons and water aerobics. The City of
Ocoee will be responsible for payment to the YMCA at an agreed upon rate for the
lifeguards and the operation of the pool. The staff and City attorney have reviewed the
Agreement.
RECOMMENDATIONS:
The staff respectfully recommends that the Mayor and Commissioners approve the
Agreement between the City of Ocoee and the YMCA.
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\o ,
CITY OF OCOEE
WEST ORANGE YMCA FAMILY CENTER
THE FAMILY AQUATIC CENTER
AGREEMENT
THIS AGREEMENT, made effective as of this 1" day of October, 2001 between the
City of Ocoee, Florida, a municipal corporation organized and existing under the laws of the State
of Florida(the "City"), and West Orange YMCA Family Center, a Florida corporation not for
profit.
WITNESSETH
WHEREAS, the City is the owner of the swimming pool and other buildings located at
1820 A.D. Mims Road, Ocoee, Florida, 34761 ("Premises"); and
WHEREAS, the City deems it advantageous to itself to enter into an agreement regarding
the operation of the Premises by Central Florida YMCA; and
NOW, THEREFORE, for and in consideration of the foregoing premises, and in
consideration of the covenants and agreements hereinafter contained, the City and Central Florida
YMCA agrees as follows:
1) Term: The term of this agreement shall be for a period of one (1) year with an
automatic annual renewal clause for up to three (3) years, commencing on October 1,
2001. And automatically renewing on October 1, 2002, subject to prior termination as
hereinafter provided. This contract is renewable upon agreement of both parties.
2) Duties and Responsibilities of YMCA: During the term of this agreement YMCA
agrees.
(a) To operate a quality swimming program to include swim lessons, water
aerobics and community swim time.
(b) To staff the pool with an adequate number of certified life guards during all
hours of community swim-time, water aerobics and swim lessons. Not to
exceed three (3) at any given time.
(c) To provide the City with proof of certification for all lifeguards. American
Red Cross or YMCA certification (or accepted equivalent) required.
(d) To provide and maintain during the term of this agreement, at its own expense,
a policy of Public Liability Insurance or other coverage satisfactory to City
protecting YMCA and City against claims for personal injury, bodily injury,
death or property damage occurring on, in or about the Premises. Such policy
of insurance shall have limits of not less than one million dollars ($1,000,000)
per occurrence and at least $2,000,000 in aggregate. The policy of insurance
must name the City of Ocoee as an additional insured and the YMCA shall
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(d cont.) furnish the City at the commencement of the term of this agreement with
a Certificate of Insurance indicating coverage in favor of City, and each
renewal certificate of such policy shall be furnished to City at least thirty (30)
days prior to the expiration of the policy it renews. Such policy of insurance
shall contain an agreement by the insurer that such policy shall not be canceled
without thirty (30) days prior written notice to City. The YMCA agrees to
provide the City with copies of the paid premium bills on said policy upon
written request therefore by City.
(e) Provide salaries for swim instructors, water aerobics instructors, and lifeguards
except during community swim-times.
(f) To operate full range of swimming programs. To operate open (Recreational)
swimming as delineated by Appendix A. Requests for changes in hours of
operation or programs must be submitted in writing to the City of Ocoee for
approval. The City of Ocoee has the right to change the hours of operation
with notice to YMCA.
(g) To keep full financial records and accounts in respect to the Ocoee Pool
operation, which records and accounts shall at all times be available for
inspection by the City, its auditors and Finance Director.
(h) Central Florida YMCA will collect and retain all fees for swim lessons and
water aerobics.
3) Compliance with Laws: The YMCA agrees that it will comply with all applicable
present and future laws, ordinances, rules and regulations of the United States, the
State of Florida, Orange County, the City of Ocoee, and any and all agencies thereof
(including but not limited to those relating to health and sanitary conditions, safety and
fire prevention)that do not require the expenditure of funds for capital improvement
and will not use or cause the Premises to be used for any illegal, or immoral purpose.
Programs shall also be conducted in accordance with the Central Florida YMCA Risk
Management Policies.
4) Duties and Responsibilities of the City of Ocoee: During the term of this agreement
the City of Ocoee agrees:
(a) To provide the following:
• All pool chemicals and maintenance
• All occupancy costs, including janitorial resources
• Clerical and housekeeping staff to maintain the premises and equipment
• First Aid Supplies
• Salary Costs for Lifeguard staff of an agreed rate of$15.00/staff hour
during Ocoee Community Swim Times established by the City of
Ocoee not to exceed the total 111 hours per week and maximum of
three (3) lifeguards at any time.
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(b) To collect and retain all daily community swim fees.
(c) To maintain the pool, locker rooms and surrounding areas in a clean and safe
manner.
(d) To provide and pay for a telephone for the Aquatics Program.
(e) To maintain grounds.
5) Termination: The City of Ocoee reserves the right to terminate this agreement for any
reason upon ninety (90) days written notice to YMCA. The YMCA may terminate this
agreement upon ninety (90) days written notice to the City of Ocoee.
6) No Warranties: The City makes no representations or warranties regarding the
condition of the Premises or its fitness for the particular uses contemplated by this
agreement. If the pool on the Premises becomes inoperable due to maintenance or
other reasons, this agreement shall abate during any such non-operational period, and
City shall not be liable to YMCA for any costs or damages incurred by YMCA as a
result of such abatement.
7) Major Repairs: If any repairs, improvements and/or changes are required to be made
to Premises in any calendar year, the YMCA shall not be liable therefore, provided in
the case of damage necessitating such repairs the damages were not caused by a
negligent, wrongful or intentional act or omission of YMCA. If Major repairs,
improvements and/or changes are necessary in order to render pool operable, the City,
at its option, may make such repairs or not make such repairs. If City elects not to
make such repairs, the YMCA may terminate this agreement upon thirty (30) days
written notice to City.
IN WITNESSETH WHEREOF, the City of Ocoee and West Orange YMCA Family Center
have caused this agreement to be executed as of the day and year first above written.
Signed, seated and delivered
in the presence of: City of Ocoee, Florida
By:
"City"
Central Florida YMCA
A Florida corporation not for profit
By:
As its.
"West Orange YMCA Family Center"
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Appendix A
Addendum items to be reviewed annually.
The pool will open October of 2001 and operate through the month to October 31'and
reopen April 1", 2002 and operate through October 31", 2002. A pool schedule will resemble the
following:
Monday - CLOSED for cleaning.
Tuesday - Friday
8:00 a.m. - 11:00 a.m. Swim Lessons
11:00 a.m. - 12:00 p.m. Water Aerobics
*12:00 p.m. - 6:00 p.m. Community Swim
Saturday
*11:00 a.m. - 7:00 p.m. Community Swim
Sunday
*1:00 p.m. - 6:00 p.m. Community Swim
Fees for swim lessons, water aerobics and community swim are to be determined.
*Based on usage - subject to change.
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