YMCA/Corp. Membership/CityHltman Resources Dept.
YMCA Wellness Membership- 20(14
Appropriation No. 1201/419-80 P.O. #2872
Amount Not To Exceed $3,450.00
YMCA Corporate Membership Agreement APPROVED AS TO FORM BY ¢
This agreement is entered into this _[~day of ~,{~f~e~ , 2005, between:
"YMCA":
Young Men's Christian Association
Of Greater Indianapolis
615 North Alabama Street
Indianapolis, Indiana 46204
Contact person: Jenny Burgess
Phone number: 317-266-9622 ext. 542
"Corporate Member":
Name: City of Cannel
Address: 1 Civic Square
Cannel, IN 46032
Contact person: Stefanie'Kueho
Phone number: 317-571-5850
Corporate Membership Details:
Membership Start Date: October 1,2004 and ends December 31, 2005
Eligible Members: Each empl6yee of Corporate Member ("Employee"), as well as
one adult and any children under age 21 living in the same household as Employee, and
any children of Employee over age 21 who are full-time students ("Family").
Written Application, Membership Policy, and Verification of Employment:
Each Employee and his/her Family desiring to become members of the YMCA shall
make written application for membership on standardized forms, provide applicable
personal data, and comply with the Membership Policy of the YMCA. Upon request, the
YMCA will provide copies of the Membership Policy to Corporate Member and its
Employees and Families._ Each Employee shall also provide verification of employmeot
in a fom~ which is reasonably acceptable to thc YMCA. Upon the YMCA's receipt of
Employee's and Family's completed written applications and verification of employment,
Employee and his/her Family shall become members of tbe YMCA ("Employee
Member").
Minimum Number of Employees: Corporate Member must maintain at least ten (10)
Employee Members at all times in order to qualify for this Corporate Membership. If at
any time, Corporate Member has fewer than ten (10) Employee Members, YMCA shall
notify Corporate Member of this fact. Corporate Member shall have sixty (60) days after
receipt of this notice to increase Employee participation to at least ten (10) Employee
Members. If at the conclusioo of the sixty (60) day period, Corporate Member still has
fewer than ten (10) Employee Members, this Agreement shall be immediately terminated.
Corporate Member shall promptly notify YMCA when an Employee Member is no
longer employed by Corporate Member. Employee Member's membersbip shall
lenninate at the end of the month in whicb his/her employment is terminated.
Human Resources Dept.
YMCA Wellness Membership - 2004
Appropriation No. 1201/419-80 P.O. #2872
Amount Not To Exceed $3,450.00
Available Facilities: Each Employee and his/her Family shall be entitled to access to all
branch facilities, member-only events and activities, and may register for programs at the
member rate at any branch of the YMCA.
Payment Terms: The membership fee for each Employee and his/her Family ("Fee") is
set forth in Exhibit A, which is attached hereto and incorporated herein by reference.
The amount owed by Corporate Member will change, depending upon the number of
Employee Members enrolled each month. Each month, YMCA will send an invoice to
Corporate Member for its portion of the Fee. Corporate Member will pay YMCA the
amount shown on the invoice within thirty-five (35) days after Corporate Member
receives the invoice.
Employee Members shall pay their portion of the Fee by the method selected below:
X Monthly bank draft
__ Payroll deduction
This method of payment shall be uniform for all Employee Members. If Employee
Members pay by monthly bank draft, each Employee Member shall complete a form
provided by the YMCA authorizing the monthly bank draft. In the event that Employee
Member does not have sufficient funds in his/her account to cover his/her portion of the
Fee, the YMCA may immediately terminate the Employee Member's membership.
Responsibilities of YMCA. Under this Agreement, YMCA agrees ;to: · Permit Employee Members to access and use the YMCA's branch
facilities.
· Provide or make available a telephone for use in the event of an
emergency.
· Provide or make available sanitary facilities.
· Make reasonable efforts to maintain the branch facilities in good
working order.
· Maintain general liability insurance covering YMCA's operations
and the branch facilities.
· Assist Corporate Member in promoting YMCA membership to
Employees, if Corporate Member requests such assistance.
Responsibilities of Corporate Member.
agrees to:
Under this Agreement, Corporate Member
Publicize and make available to its Employees information on
YMCA membership and programs.
Perform all of its obligations under this Agreement, including its
obligations to pay amounts due in a timely fashion and to maintain
a minimum of Employee Members at all times during the term of
this Agreement.
Human Resources Dept.
YMCA Wellness Membership- 2004
Appropriation No. 1201/419~80 P.O.//2872
Amount Not To Exceed $3,4-50.00
Termination. Notwithstanding by any other provisions set forth herein, either party may
terminate this Agreement upon thirty (30) days' written notice. Upon termination of this
Agreement, Employee Members' membership shall likewise terminate upon the effective
date of termination of this Agreement. YMCA reserves the right to immediately
terminate this Agreement without penalty for cause, including but not limited to
Corporate Member's failure to perform any of its obligations hereunder.
Government Compliance. YMCA and Corporate Member agrees to comply with all
federal, state and local laws, executive orders, rules, regulations and codes which may be
applicable to it's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference.
Nondiscrimination. YMCA represents and warrants that it and all of its officers,
employees, and agents shall comply with all laxvs of the United States, the State of
Indiana and the City of Carmel, Indiana, prohibiting discrimination against any
employee, applicant for employment or other person in the provision of any goods or
services provided by this Agreement with respect to their hire, tenure, terms, conditions
and privileges of employment and any other matter related to their employment or
subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry,
age, disabled veteran status and/or Vietnam era veteran status.
No Provision of Goods or Services Exceeding Encumbered Amount. YMCA
understands and agrees that the Corporate Member is an Indiana municipal corporation
and has encumbered only a certain sum of money to pay for the goods and services to be
provided pursuant to this Agreement. YMCA agrees not to provide goods or services in
excess of the "Contract Not To Exceed" sum stated hereinabove unless such additional
goods and services are authorized in writing by Corporate Member.
Non-Waiver/Modification/Entire Agreement. The failure of either party to insist in
any one or more instances upon performance of any of the provisions of this Agreement
or to pursue their rights hereunder shall not be construed as a waiver of any such
provisions or the relinquishment of any such rights. This Agreement may not be
modified except by written agreement of both parties. This Agreement represents the
entire agreement of the parties with respect to the subject matter contained herein, and
shall be deemed to supersede any and all prior agreements, whether written or oral, and
the same shall be deemed to have been merged into this Agreement.
Governing Law and Choice of Fornm. In the event of a dispute under this Agreement,
the laws of the State of Indiana shall govern the validity, performance, enforcement,
interpretation and all other aspects of this AgreemenL The parties agree that any and all
actions concerning any dispute under this Agreement shall be filed and maintained only
in a state or federal court sitting in Indianapolis, Indiana.
Human Resources Dept.
YMCA Wellness Membership - 2004
Appropriation No. 1201/4[9-g0 P.O./12872
Amount Nol To Exceed $3,450.00
IN WITNESS WHEREOF, the parties hereto i~ave executed this Agreement as of the
date above written.
"YMCA"
YOUNG MEN'S CHRISTIAN ASSOCIATION
OF GREATER INDIANAPOLIS
Title:
"Corporate Member"
CITY OF CARMEL
(see attached page)
4
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
J/j/~s, Br~inard, Presiding Officer
MarylT~. ber
Lori~/{lrd Member
ATTEST: ~ ~
~AMC, Clprk-Treasurer
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