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HomeMy WebLinkAboutDocumentation_Stormwater_Tab 5A_5/30/2001 d t[Pk Memorandum To: Michael R. Couzzo, Jr., Village Manager From: Gary Preston, Director of Public Works &Recreation Date: May 17,2001 Subject: Village Council Agenda Item for May 30,2001; Management Agreement to Operate the After School Program • At the last Village Council Meeting on May 10, 2001, Councilmembers voted to defer this agenda item to the May 30, 2001 meeting. This agenda item is the Management Agreement between the YMCA and the Village of Tequesta to operate the After School Program at the Tequesta Recreation Center. As outlined in this agreement, the YMCA would provide staff and transportation for the startp up cost o t not to exceed $6 000 to the YMCA Village utilities, equipment, building maintenance and a one time Mr. Bob Giese,President and CEO of the YMCA of the Palm Beaches,has advised me that he will sign the Management Agreement if it is approved by the Village Council. The Management Agreement was prepared by Village Attorney,John C. Randolph. Please place this item on the May 30, 2001 Village Council Meeting Agenda for Councilmembers' consideration. GP/mk GP'sMemo.Agen daARerS chool RESOLUTION NO. 42-00/01 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE YMCA OF THE PALM BEACHES AND VILLAGE OF TEQUESTA MANAGEMENT AGREEMENT TO OPERATE THE AFTER SCHOOL 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 After School Program at the Tequesta Recreation Center and having a one-time reimbursement to the YMCA of the Palm Beaches in an amount not to exceed $6,000, attached hereto as Exhibit "A" , having a FY 2000/2001 General Fund YMCA Contingency Budget Deficit Reduction Allocation of $21, 000 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 , who moved its adoption. . The motion was seconded by Councilmember , and upon . being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION it The Mayor thereupon declared the Resolution duly passed and adopted this 30th day of May, A.D, 2001. MAYOR OF TEQUESTA Geraldine A. Genco ATTEST: Betty Laur Acting Village Clerk Resolution\YMCAAPterSchool A EXHIBIT "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 an After-School 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 an After-School Program for the public from the Center at the expense of Tequesta. The Center will meet all licensing requirements of the Palm Beach County Health Department and the Palm Beach County Department of Children and Families prior to the beginning of the programs. 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. The After-School Program will be open for all school holidays, early release days,winter and spring breaks. TEQUESTA shall have the right to use these facilities upon thirty (30)days written notice for Village of Tequesta governmental functions including,but not limited to, Council meetings, committee meetings and elections. 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 After-School Program at the Center, the YMCA shall maintain the 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 by law,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 After-School 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 amount not 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. TEQUESTA shall be responsible for paying to the YMCA expenses on a monthly basis to reimburse YMCA for program costs such as salary and benefits ofthe on-site staff for ninety (90)days. This amount will not exceed$2,000.00 per month,fora total contribution not to exceed $6,000.00.. The first payment will be due thirty(30)days prior to the actual program start date.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. RELATIONSHIP 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 After-School Program from the Center and/or the Park or other acceptable places mutually agreed upon. 2 F. TERM OF AGREEMENT. . The minimum term of this Agreement shall be for a period of three(3)months,commencing at the time the facility is licensed by the Palm Beach County Health Department and Department of Children and Families. Thereafter either party may terminate this agreement upon 30 days written notice,otherwise it will be renewed monthly. This agreement will be held in abeyance during any period the YMCA is providing Summer Day Camp. Any partial payments shall be pro-rated on a daily basis. G. TEQUESTA will allow adequate parking at the Center for a 66 passenger bus used by the After-School Program. H. 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. I. ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior. understanding or representation of any kind preceding the date ofthis agreement shall not be binding on either party except to the extent incorporated in this agreement. 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. 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement, this day of ,2001. YMCA: Witness T. Robert Giese,President and CEO Dated Witness TEQUESTA By Witness Its Dated Witness N:VCR1I3153-011YMCA AFTER SCHOOL AGR REVISED.wpd 4 • YMCA of the Palm Beaches • Tequesta After-School Program Hours services will be offered: A. After-school from 2:00-6:30 Monday through Friday. Bus service provided. B. On teacher planning days, school holidays, and for nine weeks during the summer,the program will be open 7:30-6:30. C. On early release days the program will be offered from 11:00-6:30. Bus Service provided. Targeted population will serve: A. 45-50 children per day. B. Children ages 5-12. C. Children with special needs who will be included in all activities. D.Program will include the entire family in the program. E. Children attending the following elementary schools; Jerry Thomas,Lighthouse,Limestone Shores, and Jupiter Elementary. Staffing A. One Program Coordinator. B. Counselor ratio 1:10 children. • C. Bus driver with current CDL • . -ter D. Parent and community volunteers. E. All paid staff and volunteers must be screened. • F. Every staff member must have the required courses and documentation as required by Palm Beach County Dept. of Children and Families. Program Content A. Physical activities B. Creative arts, cultural activities, crafts and dramatic play. C. Quiet activities including,but not limited to:reading,board games, listening to music, conversation and discussion. D. Academic support through homework assistance and literacy activities. 'E. Enrichment and hands-on activities developing higher-level thinking and reasoning skills. F. Access to computer and technology. G. Opportunities to develop communication and socialization skills. . H. Thematic lesson plans will be implemented by using developmentally appropriate curriculum. I. Field trips throughout the community will be provided during summer vacation,winter camp and teacher planning days. Program Licensing A. Program must be licensed by the Department of Children and Families and approved by the Child Care Advisory Board of Palm Beach County. B. The YMCA would be available for consultation of the licensing process.