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HomeMy WebLinkAboutResolution_41-00/01_05/10/2001J RESOLUTION NO. 41-00/O1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE YMCA OF THE PALM BEAQHES AND VILLAGE OF TEQUESTA MANAGEMENT AGREEMENT TO OPERATE THE SUMMER DAY CAMP PROGRAM AT THE TEQUESTA RECREATION CENTER AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE AGREEMENT ON BEHALF OF THE VILLAGE. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Consideration to approve the YMCA of the Palm Beaches and the Village of Tequesta Management Agreement to operate the Summer Day Camp Program at the Tequesta Recreation Center, attached hereto as Exhibit "A", and incorporated by reference as a part of this Resolution is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember jNalker _, who moved its adoption. The motion was seconded by Councilmember von Frank and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION • Geraldine A. Genco Basil E. Dalack The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of May, A.D, 2001. • • ATTEST: v- Betty Laur Acting Village Clerk Resolution\SummerDayProgram MAYOR OF TEQUESTA .~ Geraldine A. Genco .7 EXEiIBIT "A" • YMCA of the Palm Beaches and Village of Tequesta MANAGEMENT AGREEMENT THIS AGREEMENT is effective this day of , 2001, by and between The YMCA of the Palm Beaches, Inc., hereinafter referred to as "YMCA", and the Village of Tequesta., Florida, a municipal corporation, hereinafter referred to as "TEQUESTA". WITNESSETH: WHEREAS, TEQUESTA is desirous of offering the public a Summer Day Camp Program from the Tequesta Recreation Center on Seabrook Road (hereinafter referred to as the "Center") and neighboring Constitution Park (hereinafter referred to as the "Park"), in Tequesta, Florida; and WHEREAS, the YMCA has the experience and the qualifications necessary to manage and administer such recreational activities for TEQUESTA and the YMCA is desirous of doing so; and WHEREAS, TEQUESTA and the YMCA believe it will be advantageous to both for them to work together on the terms and conditions hereinafter set forth to provide the above-referenced recreational activities to the public. • NOW, THEREFORE, in consideration of the mutual promises, terms and conditions contained herein, the parties agree as follows: A. TEQUESTA shall provide exclusively to the YMCA free and unfettered access to the Center for the purpose of the YMCA's running of a Summer Day Camp Program for the public from the Center, which programs shall be proposed by the YMCA and subject to final approval by TEQUESTA. Said programs shall be available to the public pursuant to schedules determined by the YMCA, and which it shall make available to the public at the Center five days per week. Hours of Use: The YMCA will occupy the Center weekdays from the hours of 6:00 a.m. - 7:00 p.m. For ten weeks beginning June 4, 2001 -August 10, 2001. The YMCA will be given reasonable time to remove its equipment at the conclusion of the Day Camp period. B. TEQUESTA, as the owner of the Center, shall be fully responsible for the Center's cleaning, maintenance and upkeep, including the payment of all utilities (gas, electric, telephone, water and sewer), and shall at all times keep said Center clean, in good repair and condition. The YMCA shall be responsible for the management of the Summer Day Camp property in a neat and orderly condition and is responsible for picking up and properly storing items used in the program. To the extent permitted bylaw, and subject to the limits, defenses and immunities provided by Florida Statute Section 768.28, TEQUESTA shall during the term of this agreement indemnify • and hold harmless the YMCA, its agents and employees from and against any loss sustained by the YMCA on account of any suit, judgment, execution, claim or demand whatsoever resulting from • negligent acts on the part of TEQUESTA or its employees in the maintenance and upkeep of the Center. The YMCA shall save, defend, indemnify and hold harmless TEQUESTA, its council members, agents, employees and representatives, from and against any losses sustained by TEQUESTA, its council members, agents, employees and representatives, on account of any suit, judgment, execution, claim or demand whatsoever resulting from the negligent acts on the part of the YMCA or its agents, employees or representatives under the terms of this agreement. The YMCA, prior to entering into the Center for purposes of establishing the Summer Day Camp Program, shall provide TEQUESTA with a Certificate of Insurance evidencing YMCA's primary and umbrella coverage cumulatively, in an amount not less than Three Million Dollars; General Liability coverage, in an amountnot less than Two Million Dollars; Auto Liability coverage, in an amount not less than One Million Dollars; and Employer's Liability and Workers' Compensation coverage with statutory limits. TEQUESTA shall be named as an additional insured under the General Liability policy covering the activities herein. There shall be a 30 day written notice of cancellation, and said coverages shall be maintained in effect during the term of this agreement. C. From the Center, the YMCA shall use all of its best efforts and skill to provide and manage a Summer Day Camp Program for the benefit and enjoyment of the public. The YMCA shall charge the participants in the program fees in accordance with its other locations, which it shall • retain. D. The Park adjacent to the Center shall also be available to the YMCA for its use in offering programs and activities for which park facilities would be helpful or preferable, the precise procedure for scheduling activities at the Park to be later determined by and between the YMCA and TEQUESTA. E. TEQUESTA will allow adequate parking at the Center fora 66 passenger bus used by the YMCA Summer Day Camp Program. F. OFFICE. TEQUESTA shall furnish the YMCA with an office at the Center including a telephone and fax machine, plus all stationery and office supplies as are reasonably necessary or appropriate for the performance of the YMCA's services hereunder. G. The relationship established herein between the YMCA and TEQUESTA for this project shall be one of an Independent Contractor status in accord with the terms and conditions set forth in this Agreement, each being committed to and desirous of providing to the public a first class Summer Day Camp Program from the Center and/or the Park. • 2 H. ENTIRE AGREEMENT • This agreement shall constitute- the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement. MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligations assumed by either party in connection with this agreement shall be binding only if evidenced in writing, signed by each party or an authorized representative of each party. J. ASSIGNMENT OF RIGHTS The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation or other entity without prior, express and written consent of the other party. K. EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect • as if they had been executed by both parties subsequent to the expungement of the invalid provision. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement, this day of , 2001. YMCA: Witness Witness Witness Witness • N:Ucr\13153-01\YMCA SUMMER DAY CAMP AGR REVISED.wpd T. Robert Giese, President and CEO Dated TEQUESTA By Its Dated 3 YMCA of the Palm Beaches Tequesta Summer Camp Program Hours services will be offered: Hours of camp will be from 7:30 a.m. - 6:30 p.m. Monday -Friday. Targeted population will serve: 40 children per day. :Serving children ages 5 -12. . Children with special needs ~vho will be included in all activities. Program will include the entire family. , Children will be supervised at all times by counselors and a group leader. Program Content Working parents will be provided with care for their children in a safe, structured, educational and recreational oriented program. Emphasis will be placed on behavior development, conflict resolution techniques, positive reinforcement, personal growth and sportsmanship. The campers will be provided with a well rounded experience which will include a variety of daily scheduled activities. Activities will include educational and fun oriented field trips, art and craft projects, sports, games and stivimming. • •