LIVESTRONG AT THE YMCA OFFSITE USE OF NON-YMCA PARTNER FACILITIES AGREEMENTLIVESTRONG AT THE YMCA 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:
Ross Norton Recreation Center
1426 Martin Luther King, Jr. Blvd., Clearwater, FL 33756
The undersigned, OWNER/LESSOR agrees to provide the following facilities:
Air-conditioned, group exercise room, and wellness center that can accommodate up to 6
participants plus one instructor, to the YMCA during the hours of each facilities designated hours
of operation for the purpose of conducting Livestrong at the YMCA 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 August 1, 2022, until
December 31, 2022.
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: a fitness facility to utilize
strength and cardiovascular equipment as available. The space may be used for medical and
emergency service if needed. 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 Livestrong at the YMCA 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
Livestrong at the YMCA program.
It is agreed that the OWNER/LESSOR will promote the Livestrong at the YMCA 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
inclement weather and holidays.
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.
USE OF NON -YMCA FACILITIES AGREEMENT
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 S1,000,000 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 6 participants
The YMCA will promote the Livestrong at the YMCA 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
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.
USE OF NON -YMCA FACILITIES AGREEMENT
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: Seth Milbrand.
Pr�sident/Cf.O CA �e Suncoast
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Date
CITY OF CLEARWATER, FLORIDA
Jon Jennings
City Manager
Assistant City Attorney
Property Owner/Agent
Date
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Date
Attest:
Rosemarie Call
City Clerk