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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 January 1, 2023 until December 31, 2023 with an option to renew. Thereafter, this Agreement may be extended for an additional one-year period under the same terms and conditions as set forth herein if mutually agreed to in writing by the Parties. 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 inclement 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 a Certificate of General Liability Insurance for coverage in amounts not less than $1,000,000 per incident. 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. 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 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 USE OF NON -YMCA FACILITIES AGREEMENT 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. This Agreement shall be deemed to be a use agreement of a revocable, non-exclusive license and shall not be deemed as to confer upon the YMCA any interest in the City owned sites and facilities. YMCA agrees and shall not obtain any prescriptive rights, easements, or other legal or equitable interest in the City owned sites and facilities or any premises of the City by reason or the execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment by the appropriate officials as of the day and year written below. YMCA Director requesting agreement Summer Cruff. .r Jresident/CEO YM1 A of th - uncoast I-ZO -Zv23 Date CITY OF CLEARWATER, FLORIDA oirrier Interim City Manager Lead Assistant City Attomey Property Owner/Agent Date (/1 ate'1 (0( (91 03 Date Attest: Rosemarie Call City Clerk