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HomeMy WebLinkAbout5429Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5429 YMCA OF PIERCE & KITSAP C0. MOA Pool Building Upgrades Parks LEG 12-1 6/2/2014 10/31/2014 12/1/2014 2015 Comments : MEMORANDUM OF AGIZEEMENT BETWEEN THE CITY OF BREMERTON AND THE YMCA OF PIERCE AND KITSAP COUNTIES This Agreement outlines the duties and obligations of the City of Bremerton ("City") and the YMCA of Pierce and Kitsap Counties ("YMCA") relating to pool building upgrades (the "Project") to the facility at 2261 Homer Jones Drive in Bremerton, commonly known as the Bremerton Family YMCA. 1. The City will Contract with a construction firm to complete the Project. 2. The YMCA will be the Project Manager for the Project and will manage the Contract, subject to final oversight of the Project by the City. 3. The YMCA will update the City on a weekly basis, or as otherwise required by the City, as to the progress of the Project. 4. The YMCA will make all payments on the Contract for the entire Project per the Contract terms. 5. The City's contribution for the Project shall be $250,000.00 to cover the filtration system upgrades and contract management. 6. Upon completion and acceptance of the entire Project, the City will reimburse the YMCA for the filtration system upgrades portion of the Project, as identified in Section 3.2.3(a)(1) of the parties' Concession and Management Agreement executed on October 10, 2011. The YMCA may receive earlier reimbursements from the City by presenting documentation of the amounts paid by the YMCA to the contractor that is attributable to the filtration system upgrade obligation of the City. 7. All costs for the Project that exceed $250,000.00 shall be the sole responsibility of the YMCA. 8. Each party shall defend, indemnify, and hold the other party, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the other's performance of this Agreement, to the extent that the injuries and damages are caused by the party's own negligence, acts or omissions in performance of its duties herein. The provisions of this section shall survive the expiration or termination of this Agreement. This Agreement is effective on the date fully executed below. Signatures on next page 1 City of Bremerton 'C/ v Patty L t ayor Date: Q�o -' �z' l ¢ YMCA of Pierce and Kitsap Counties GI'� �„� . �rt►�e � r�Cr , dJP�L� Date: 5-?�I • Z01� Approved as to form: BREMERTON CITY ATTORNEY B � -- R.\I,egal\Legal\Files\Current Actrvc Files\YMCA�2014 Pool Upgrades\MOA-City and YMCA Pool Upgrades doc