ENHANCE FITNESS OFFSITE USE OF NON-YMCA PARTNER FACILITIES AGREEMENTENHANCE FITNESS OFFSITE
USE OF NON -YMCA PARTNER FACILITIES AGREEMENT
It is the policy of the YMCA of the Suncoast, hereafter referred to as the "YMCA," to expand and
decentralize selected program activities and services through the use of community and/or
privately owned sites and facilities. When this occurs, a written agreement will be executed.
NAME OF OWNER/LESSOR: City of Clearwater, hereafter referred to as "OWNER/LESSOR."
ADDRESS: CITY: STATE: ZIPCODE:
Aging Well Center at the Long Center
1501 N. Belcher Rd., Clearwater, FL 33765
Countryside Recreation Complex
2640 Sabal Springs Dr., Clearwater, FL 33761
Morningside Recreation Complex
2400 Harn Blvd., Clearwater, FL 33764
The undersigned, OWNER/LESSOR agrees to provide the following facilities:
Air-conditioned, non -carpeted group exercise room, that can accommodate up to 25 participants
plus one instructor, to the YMCA during the hours of each facilities designated hours of operation
for the purpose of conducting Enhance Fitness classes in conformity with the policies of the
YMCA of the Suncoast, and in compliance with the applicable local, state, and federal laws and
regulations. This agreement shall be in force from February 15, 2021 until February 15, 2022 with
an option to renew.
YMCA and OWNER/LESSOR shall have the right to terminate this Agreement, without cause
and without penalty, by delivering at least thirty (30) days advance written notice to the other
party specifying the date on which this Agreement shall terminate.
It is agreed that the OWNER/LESSOR will provide or make available: 25 sturdy chairs (non -
folding chairs), Storage for rolling equipment cart, a telephone for emergencies and sanitary
facilities. The space may be used for medical and emergency service. It is further agreed that
there will be full Fire Code compliance by both the OWNER/LESSOR and the YMCA. Fire
extinguishers are located as follows: within each facility as required and will be maintained and
serviced at least annually by the OWNER/LESSOR.
It is agreed that the OWNER/LESSOR will work with the YMCA on participant registration for
the EnhanceFitness program prior to the first day of the program.
It is agreed that the OWNER/LESSOR will work with the YMCA to secure the
OWNER/LESSOR's release/consent forms for each participant prior to their participation in the
Enhance Fitness program.
It is agreed that the OWNER/LESSOR will promote the EnhanceFitness program to their
constituents, residents, members, employees, etc. and be a resource to anyone inquiring about the
program.
It is agreed that the OWNER/LESSOR will work with YMCA to manage facility closures due to
inclimate weather and holidays.
USE OF NON -YMCA FACILITIES AGREEMENT
The facilities will be cleaned daily and routine maintenance functions performed by city staff or
their designee.
The YMCA does not have the right or responsibility to make physical modifications,
improvements, or alterations to the facility without the approval of the OWNER/LESSOR.
The OWNER/LESSOR will provide the YMCA with a Certificate of Insurance naming the YMCA
as additional insured for losses arising out of the negligence of the OWNER/LESSOR. The
OWNER/LESSOR liability is subject to the monetary limitations and defenses imposed by Section
768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity.
The YMCA will provide the OWNER/LESSOR a Certificate of General Liability Insurance for
coverage in amounts not less than $1,000,000 per incident and name the OWNER/LESSOR as
additional insured for losses arising out of the negligence of the YMCA.
The Parties shall be liable for their own acts of negligence, or their respective agents' acts of
negligence when acting within the scope of their employment, in the performance of this
Agreement; provided, however, that OWNER/LESSOR liability is subject to the monetary
limitations and defenses imposed by Section 768.28, Florida Statutes. Nothing herein is intended
to serve as a waiver of sovereign immunity.
The YMCA will secure release/consent forms for each participant with copies maintained by the
YMCA. The YMCA will add OWNER/LESSOR "Owner of Facility" as a party being released
from liability.
The YMCA will recruit, train, and supervise certified program/activity leaders, instructors, and
supervisors, ensure program quality, maintain a ratio of 1 per 25 participants
The YMCA will provide program equipment (wrist & ankle weights) and rolling storage cart.
The YMCA will promote the EnhanceFitness program to the community through YMCA
membership and partner organizations.
The YMCA will manage and facilitate the intake of all participants and all pre & post fitness
assessments.
The YMCA will manage the daily attendance rosters and provide access to the rosters to the
OWNER/LESSOR.
The YMCA will provide OWNER/LESSOR with aggregate participant outcome data at the end of
the session.
The YMCA will prohibit smoking, the consumption of alcoholic beverages, and/or illegal drugs
during all YMCA sponsored activities.
YMCA shall use the facilities during the term of this Agreement at times and on dates agreed to
in writing by both parties. YMCA shall not make any use of the facilities that would: (1)
represent an unlawful, improper, immoral, unethical or objectionable purpose; (2) constitute a
USE OF NON -YMCA FACILITIES AGREEMENT
nuisance, annoyance, inconvenience or danger; or (3) void or make unenforceable any insurance
covering the facilities. Without limiting the generality of the foregoing, YMCA must conduct all
business practices and its obligations under this Agreement in compliance with all Health
Department regulations, the Florida Building Code, and all applicable local, state, and federal
laws.
This Agreement shall create an independent contractor relationship between the Parties.
Nothing in this Agreement shall be deemed to create a joint venture, partnership, agency,
employment, or similar relationship. Neither party has authority to enter into any contract or
incur any other obligation on behalf of or in the name of the other party.
YMCA remains responsible for the care and oversight of all of YMCA's officers, agents,
employees, servants, patrons, licensees, customers, visitors, guests, and invitees.
OWNER/LESSOR does not guarantee the uninterrupted use of the facilities as the use of the
facilities may be suspended or delayed by reason of fire, storm, explosion, strike, lockout,
labor dispute, casualty, accident, or by reason of any other cause beyond OWNER/LESSOR
control.
YMCA Director requesting agreement Summer Cruff.
P1eside : CEO l . 4C the Suncoast
2—r
Property Owner/Agent
Date Date
CITY OF CLEARWATER, FLORIDA
.
William B. Home II
City Manager
Approved as to form:
Owen Kohler
Assistant City Attomey
Date
Attest:
Rosemarie Call
City Clerk