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LIVESTRONG AT THE YMCA OFFSITE USE OF NON-YMCA PARTNER FACILITIES AGREEMENT (2)LIYESTRONG 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 Rec 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 phis one instructor, to the YMCA during the hours of each facilities designated hours of operation for the purpose of conducting Cancer Survivorship & Wellness 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 September 1st, 2023 until August 31, 2024 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: 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 Cancer Survivorship and Wellness 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 Cancer Survivorship and Wellness program. It is agreed that the OWNER/LESSOR will promote the Cancer Survivorship and Wellness 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 $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 6 participants The YMCA will promote the Cancer Survivorship and Wellness 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. 'VW* tiO*ThickF/ MME$AGREEMEM tployment,:olisitnilar 'telaiionsh p.. Neither party has antlrority t enterinto any+ contract or inaar any other obligation on behalf of or In the natter elle other petty. YJ4EA remains tesponSiblO:fist the care arid oversight Of all of` YMCA.' $ officers? vectis, emplilyee5. serv*n si PettOls. licensees,customers; sitor ;: + ::sial lnviteies: OWNER/LESSOR do riot guarantee the. uninterrupted useof the facilities as the ttse.of the faoilitica maybe: suspended or delayed by reason of fire, storm, explosion, *ilia, taciaont, tabor dispute, castraity, accident, or by season of any other cause:beyond OWNFIKESSOR control. YMCA Dilutor;guesting agreement: Seth Milbra nd. .'se`ident Wide: of the'Surgast p'iropeity OgrnetiAgent $-7A- 207-.3 VI Z/17- 3 Datle Date CITYOF ARWATER, FLORIDA Approved as<to:tbun: 01(3koa3 Attest: LuLfkiac(_ 01- F settiara C,ab Asa $anc City Attomey City Cie*