Loading...
HomeMy WebLinkAbout2007-082 - Agreement with YMCA for Use of the Community CenterBILL NO. 2007- 82 ORDINANCE NO. 2007- 82 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION FOR THE USE OF THE COMMUNITY CENTER WHEREAS, the City owns and operates a Community Center building located at 4498 NW High Drive Road in Riverside, Missouri (the "Center'); and WHEREAS, the Young Men's Christian Association (the "YMCA ") desires to utilize certain space within the Center for the purpose of conducting basketball leagues and clinics; and WHEREAS, the City desires the YMCA presence at the Center, and considers its occupation of certain space within the Center to be in the public interest and welfare of the City's residents and residents of the surrounding communities. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1 . The City of Riverside shall enter into a Facility Use Agreement, to be substantially in the form attached hereto as Exhibit A. with the YMCA, whereby the City and the YMCA will perform certain duties and responsibilities, and the City shall allow the YMCA to occupy and use the Center (the "Agreement"). Section 2 . The execution and delivery of the Agreement, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3 . This Ordinance shall be in full force and effect from and after its passage and approval. Passed this zo l-a-y. of July, 2007. Mayor Kathleen L. Rose 7 FACILITY USE AGREEMENT TH ACILITY USE AGREEMENT (the "Agreement ") is entered into as of the & day of , 2007, by and between The City of Riverside, Missouri, having an address of 29 NW Vivion Road, Riverside, Missouri 64150 (the "City "), and Platte County South YMCA, having an address of 8875 Clark Ave, Parkville, Missouri 64152 (the "Licensee "). WITNESSETH: WHEREAS, the City owns and operates a Community Center building located at 4489 NW High Drive, in Riverside, Missouri (the "Center"); and WHEREAS, Licensee desires to utilize certain space within the Center for the purpose of conducting basketball leagues and clinics; and. WHEREAS, the City desires the Licensee's presence at the Center, and considers its occupation of certain space within the Center and its basketball program to be in the public interest and welfare of the City's residents and residents of the surrounding communities. NOW, THEREFORE, in consideration of the premises hereof, the consideration described below, and such other promises and terns encompassed herein, the parties hereto do hereby agree as follows: 1. Licensee Duties and Responsibilities. In exchange for the consideration described in Section 2 below, Licensee shall provide and/or be responsible for the following (the "Licensee Duties "): (a) Licensee shall conduct basketball leagues and clinics in accordance with the program descriptions and schedule attached hereto as Exhibit A and incorporated herein. 2. City Commitments. In exchange for the Licensee Duties described above and the other obligations and promises contained herein, the City shall provide the following: (a) A revocable license without charge to occupy the Center for the purpose of conducting basketball leagues and clinics. 3. Usage Rights and Privileges. During Licensee's use of the Center, as permitted by this Agreement, Licensee shall be afforded the following rights: (a) Licensee shall be furnished keys to the Center for the purpose of entering and using the building. Licensee shall be responsible for ensuring that the Center is locked and secured when it leaves the building. Upon revocation of the Licensee's license to occupy the Center, any and all keys issued to Licensee shall be promptly returned to the City Administrator. (b) Licensee may keep and store its personal property as is reasonably necessary to carry out the purpose of its occupancy of the Center as described in Paragraph BABoard of Mennen Packets\2007\2007- 07 -24\F- 2007 -82 YMCA\B- Cormnunity Center facility Use AgreemeatDOC III 2(a) above. The City retains the right and discretion to notify Licensee if it determines that any such personal property is excessive, unnecessary, dangerous and/or outside the purpose of Licensee's occupancy or terms of this Agreement. If, after notifying Licensee that certain items of personal property must be removed from the Center pursuant to this Paragraph 3(a), said items are not removed within a reasonable time, the City retains the right to remove said items and store them (at Licensee's expense) or properly dispose of them. (c) GENERAL RESTRICTIONS • No smoking is allowed within any portion of the Center. • No drugs of any nature shall be permitted on City property. • No alcoholic beverages shall be permitted in the Center or on the grounds. • No candles allowed, except floating or battery operated. • The kitchen may be used for warming and serving only. • Cooking or meal preparation is not allowed. • No glitter or confetti allowed. (d) USER RESTRICTIONS Licensee shall not have use of, or permit others the use of, and City facilities or equipment not specifically covered in this License, such as the meeting rooms, offices, office phone, kitchen, etc. Normal use of public areas such as foyers, halls and restrooms are permitted. (e) CLEANING Licensee shall be responsible for cleanup of all licensed facilities and shall leave the facilities in the same or better state of cleanliness as when first entered, normal wear and tear expected. Licensee shall not use any City janitorial supplies except on authority of Building Maintenance Custodian. Licensee shall pay any janitorial charges incurred by the City to return licensed space to normal state of cleanliness. (f) DISCRIMINATION Licensee agrees that, during the use of the facility, Licensee will not exclude anyone from participation in, deny anyone the benefit of, or otherwise subject anyone to discrimination because of race, religion, color, or national origin. 4. Term and Termination. This Agreement shall be in force from the date first written above until the revocation of Licensee's license to occupy the Center, which shall be within the City's sole discretion. The City shall inform Licensee of its decision to revoke 2 BABoard of Aldermen Packets\200712007- 07 -24\F- 2007 -82 YMCA\B- Community Center facility Use Agreement.DOC said license by written notice. Licensee shall have thirty (30) days to vacate the Center, and to remove all of its personal property. If any personal property is left by Licensee after it vacates the Center, the City may opt to store (at Licensee's expense) said personal property, or dispose of any such personal property. The City may terminate this Agreement at any time if Licensee is not in compliance with its Duties under Section 1, and does not cure that non - compliance within thirty (30) days after receiving written notice of same from the City, or if the Center is not in suitable condition for the purpose provided in Paragraph 2(a) due to flood, weather conditions, fire or other cause beyond the control of the City, and the City shall have no liability to Licensee for any damages or expenses resulting from such termination. Licensee may terminate this Agreement upon written notice to the City of its intention to vacate the Center, and provided that Licensee remits payment for any outstanding amounts as provided in Paragraph 1(a). The City and Licensee acknowledge and agree that no property interest is created in favor of Licensee by this Agreement. 5. Insurance. Licensee shall maintain the following insurance for the use of the Center and any of Licensee Duties arising out of this Agreement. Unless otherwise specified in this Agreement, Licensee shall maintain such insurance as will protect Licensee for claims under Worker's Compensation acts (if applicable), and protect it from claims for damages because of bodily injury, including death and property damage, which may in any way arise out of or be in any manner remote to or any proximate manner connected with the subject of this Agreement and/or related to the Licensee's use or occupancy of the Center, whether such claim arises out of the act or failure to act by Licensee, its members, employees, assigns, agents, subcontractors, or any other party for which it may be liable. This insurance shall be written in the kinds and minimum limits of liability specified below: Description of Property Worker's Compensation (if necessary) Employer Liability (if necessary) Limits of Liability Statutory $1,000,000.00 per employee Comprehensive General Liability, including contractual: $1,000,000.00 per employee Bodily Injury $1,000,000.00 per injury Property Damage $ 500,000.00 per occurrence Such insurance shall be maintained in force during the term of this Agreement and throughout the Licensee's occupancy of the Center. Certificate(s) of Insurance shall be filed with the City evidencing that the policy or policies are in full force and effect and that the same will not be altered, amended or terminated without ten (10) days prior written notice to the City. Licensee shall furnish the City with adequate evidence that Licensee has obtained and is maintaining in force Worker's Compensation insurance to the extent required by the law of the State of Missouri. BABoard of Aldermen Packets\2007\2007- 07 -24\F- 2007 -82 YMCA\B. Cormmnity Center facility Use Agreerent.DOC 3 Fil 6. Indemnity. Licensee shall indemnify, hold harmless and defend the City, and its officials, officers, advisors, agents and employees (collectively, the "City Indemnitees") from and against any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys' fees and expenses and court costs) of whatsoever nature that may be incurred by the City Indemnitees, or any of them, arising out of or in connection with the terms of this Agreement to the extent that such liabilities, losses, costs, damages and expenses (including reasonable attorneys' fees and expenses and court costs) or claim thereof results or arises, in whole or in part, from the negligent, reckless or intentional acts or omissions of Licensee, its members, invitees, or participants at the Center. In so defending the City Indemnitees and each of them, Licensee shall provide counsel that is reasonably acceptable to the City. This Section 5 shall survive the revocation or termination of this Agreement. 7. Strict Performance. No failure by the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise a right or remedy shall constitute a waiver. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, condition, agreement and term of this Agreement shall continue in full force and effect with respect to any other existing or subsequent breach. 8. Independent Contractor. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co- partners or a joint venture between the parties, or as constituting Licensee as an agent, representative or employee of the City for any purpose whatsoever. Licensee is to be, and shall remain at all times, an independent contractor with respect to all duties, tasks, activities, and/or planning to be performed under this Agreement. Persons employed, retained, and/or solicited by Licensee in the performance of Licensee's Duties pursuant to this Agreement are not employees of the City and shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the City's officers and employees either by operation of law or by the City. 9. Invalidity or Unenforceability of Particular Provisions. The invalidity and unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof not inconsistent with such provision, and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted, provided, however, if the remaining provisions of this Agreement would make the obligations of the parties inequitable vis -A -vis the parties or the deletion of any such provisions would materially change the essential terms of this Agreement, the parties will negotiate in good faith modification of this Agreement to place the parties in as reasonably close position to their original positions if possible. In the event the parties are unable to negotiate a modification hereto, either party shall have the right to terminate this agreement upon not less than fifteen (15) days notice. 10. Notices. All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly delivered if delivered in person or upon the earlier of actual receipt or three (3) business days after BABoard of Aldermen Packets\2007\2007- 07 -24\F- 2007 -82 YMCA\B- Commonity Center facility Use AgreementDOC 4 8l deposit with the United States Postal Service if sent by registered or certified, first -class mail, postage prepaid to: To the Citv City of Riverside, Missouri Attention: David Blackburn, City Administrator 2950 NW Vivion Road Riverside, MO 64150 Telephone: (816) 741 -3993 To Licensee Platte County South YMCA 8875 Clark Ave. Parkville, MO 64152 Telephone: (816) 505 -2622 Either party may from time to time change said address by written notice to the other parties, given as above provided. 11. Assignment. Licensee shall make no assignment of this Agreement or any right or obligation occurring under this Agreement in whole or in part without the express written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed or actual assignment by Licensee. Any assignment of this Agreement made by Licensee without the express written consent of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to Licensee, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to Licensee shall cease. 12. Governing Law. This Agreement shall be construed or enforced under and in accordance with the laws of the State of Missouri. Any and all legal action necessary to enforce this Agreement shall be held or brought in Platte County, Missouri. 13. Compliance With Laws. Licensee shall conduct its Duties under this Agreement, and any activities associated with its occupancy of the Center, in compliance with all applicable Federal, State and local laws, ordinances, orders and regulations. 14. Severability. If any provision of this Agreement shall be declared illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. 15. Entire Agreement. There are no other agreements or understandings, either oral or written, between the parties affecting this Agreement, except as otherwise specifically provided for or referred to herein. This Agreement cancels and supersedes all previous agreements between the parties relating to the provision of services covered by this Agreement. No change or addition to, or deletion of, any portion of this Agreement shall be valid or binding upon the parties hereto unless the same is approved in writing by the parties. There are no other contracts between the parties. B:ABoard of Aldermen Packeb\2007\2007- 07 -24\F- 2007 -82 YMCA\B- Co nmamity Center facility Use AgreementDOC 5 Ii 16. No Third -Party Rights. Nothing in this Agreement shall be construed as creating or giving rise to any rights in any third parties or any persons other than the parties hereto. 17. Construction of Headings. The captions or headings are for convenience only and are not intended to limit or define the scope or effect of any provision of this Agreement. [The remainder of this page is intentionally left blank.] BABoard of Aldermen Packets\2007\2007- 07 -24\F- 2007 -82 YMCA\B- Commmuty Center facility Use AgreementDOC 0 7 07/26/2007 10:46 8167468349 CITY OF RIVERSIDE PAGE 08/08 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective beginning on the day and year first written above and represent and warrant that the parties signing below have sufficient authority to bind the parties hereto. B:VOW Of AMUMM YukM\20070007 -07- W- W-82 YMCAT- Community Ceptrr WOW Use AFUMM M CITY OF RIVERSIDE, MISSOURI (the "City'l I 'rid PLATTE COUNTY COMMUNITY CENTER SOUTH ("LICENSEE") Print Name: Title: xe ✓ v , 'ce / ¢ '' 7 7 Exhibit A The Platte County YMCA South will hold practices for basketball leagues for grades K through 8th at the Riverside Community Center. Each league will be ten week sessions, Monday through Thursday from 6:30 pm to 9 pm. The fall league will begin September 10` to November P. The winter league will run November 25' to March P A free, one day basketball clinic will be held at the Riverside Community Center in January of 2008 for children ages 5 to 15. This clinic will be taught by YMCA Sports Directors. Pictures for all the winter basketball leagues will also be taken at the Riverside Community Center. A one night special event for kids ages 5 to 12 will be held at the Riverside Community Center. Platte County South YMCA Staff will provide organized activities for children and parents on Friday night from 6pm to 9pm. DEDUCTIBLE I I I r Is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �IPROPRIIETOR�EXC�LUDEWE EEXECUTNE E.L. EACH ACCIDENT Is E,L.DISEASE -EAEMPLOYE s F r MRFARF . POLICY LIMIT 15 DESCRIPTION OF OPERATIONS / LOCATIONS/ RSt Viviou Road & Platte County South YNCAAs for Sports Practices and Games located at 2950 NW Vivion Road, Riverside, NO 64150 frca August 31, 2007 to August 30, 2008 Riverside Community Center Attnt Laurie Rardeen 2950 NW Vivion Road Riverside NO 64150 RIVSRI6 I SHOULD ANY OF THB ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATRn DATE THEREOF, THE IEEUING INSURER WILL ENDEAVOR TO MAIL 1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR DATE(MMIDINYYYY) CSR R9 CERTIFICATE OF LIABILITY INSURANCE xMCAO - 081 A THIS CERTIFICATE IS ISSUED AS A MATTER OF IF PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Schifmaa, Remley &Assoc., Inc man, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5201 OII Drive, Suite 5In Mission RS 66205 913 -831 -1777 rax19l3- 831 -4730 INSURERS AFFORDING COVERAGE NAIC0 Phones INSURER A: NOW H shire Insurance Cc 23841 INSURED INSURER G: paaa INSURER C: INSURER D: tyNb 64111a2413ty 31100 a y INSURER E: COVERAGES THE POLICIES OF INSURAIK:E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WRHSTAIVDING RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERM& EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN. THE INSURANCE SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLI AGGREGATE LIMITS LBAITS QUM LTIt NNE TYPE OF INSURANCE POLICY NUMBER DA EACH OCCURRENCE s 1 000 00 GENELLABS.ITY RAL OILX39807214 01/01/07 01/01/08 PRO acalrencel s 1,0 00 000 A X COMNERCIA GENERALLIABILRY moMm> s 5 Uv w�s 000 CLAIMS MADE ®OCCUR PERSONAL B ADV INJURY S 10 00 000 GENERAL AGGREGATE s 2 000 000 PRODUCTS- COMP/OP AGO 111 1 000 0 GENL AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC C(01MBIOdGM) ANGLE LIMIT : AUTOMOBILE LIABILITY ANY AUTO I s ALL OWN ED AUT09 (Per Person) (Peril SCHEDULEDAUT09 BODILY INJ s HIRED AUTOS (Ptlf twGtlen tl NON-0WMEDAUT09 PROPERTY DAMAGE s (PV aoatlanp AUTO ONLY -EA ACCIDENT s GARAGE LIABILITY EAR OTHER THAN s s ANY AUTO AUTO ONLY: AGO EACH OCCURRENCE $ EXCESSNMBRELLA LIABILITY AGGREGATE F] CLAIMS MADE _ OCCUR DEDUCTIBLE I I I r Is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �IPROPRIIETOR�EXC�LUDEWE EEXECUTNE E.L. EACH ACCIDENT Is E,L.DISEASE -EAEMPLOYE s F r MRFARF . POLICY LIMIT 15 DESCRIPTION OF OPERATIONS / LOCATIONS/ RSt Viviou Road & Platte County South YNCAAs for Sports Practices and Games located at 2950 NW Vivion Road, Riverside, NO 64150 frca August 31, 2007 to August 30, 2008 Riverside Community Center Attnt Laurie Rardeen 2950 NW Vivion Road Riverside NO 64150 RIVSRI6 I SHOULD ANY OF THB ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATRn DATE THEREOF, THE IEEUING INSURER WILL ENDEAVOR TO MAIL 1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Co ? i J MEMORANDUM OF UNDERSTANDING RIVERSIDE HEALTHY CITIZENS INITIATIVE THIS MEMORANDUM OF UNDERSTANDING FQg the Riverside Healthy Citizen Initiative (this "Memorandum ") is made as of this day of May 2007, by and among the City of Riverside, Missouri (the "City"), and the Young Men's Christian Association (the "YMCA ") of Greater Kansas City. WHEREAS, the YMCA and Platte County have entered into a cooperative agreement for the creation, development, and operation of community centers per Platte County Commission Order #69 -02; and WHEREAS, this Memorandum is entered into by the above Parties to designate roles and responsibilities for providing the citizens of the City of Riverside the opportunity to participate in health, wellness and physical recreation activities via the Riverside Healthy Citizen Initiative. NOW, THEREFORE, to memorialize the fundamental understandings of the Parties hereto in connection with this program for the City; the parties hereby agree as follows: • The City of Riverside will subsidize all participating Riverside residents' monthly membership fees by 75 %, and pay 100% of the joining fees once annually. The YMCA shall provide the residents of the City Riverside rates as follows: o Resident Contribution: Individual Monthly Rate $12.50 Family Monthly Rate $18.75 o City Contribution: Individual Monthly Rate $37.50 Family Monthly Rate $56.25 • The YMCA agrees to reduce the joining fees to the residents of Riverside to a fee of $50, which the City will pay once annually. Any additional joining fee will be the responsibility of the resident. • The City of Riverside and the YMCA have agreed to a maximum membership purchase term of six (6) months for the resident. • The resident will pay membership fees to the YMCA in accordance with the policies and procedures already set forth by the YMCA. • The YMCA will give the City of Riverside and participating residents at least 30 days prior notice when there is a change in membership rates. • The YMCA will send an invoice to the City of Riverside for the City's portion of the subsidy by the 7th and the 23` of each month and payment is due by the first working day of the next month. • The YMCA shall provide to the City an itemization of all monthly membership fees, joining fees, and monthly pro -rates by each resident. • The YMCA shall provide to the City reports indicating usage of the program by the residents. • The YMCA shall provide to the City all information pertaining to residency verification within the City; including requiring a copy of a valid driver's license, social security number, and a copy of a current utility bill invoice with the resident's name and address. • This agreement shall terminate one year after the date hereof, unless extended by mutual written agreement of the Parties • The YMCA shall send all invoices and related information to the attention of: o City of Riverside Attn: Donna Resz 2950 NW Vivion Road Riverside, MO 64150 816- 741 -3993 dresz@riversidemo.com IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as of the dates set forth after each of their representative signatures. (SEAL) RIVERSIDE, MISSOURI B: P 1 Posi l'on: w 7 n a Date: / Z-Dz ATTEST: YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER KANSAS CITY (YMCA) Printed: AU6 d . rM2 - A Position: V Q / Date: