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HomeMy WebLinkAboutManager Signed - MOU - Sportsplex Membership Benefit Program Reduced membership fees-Memorandum of Understanding THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this the first day of September, 2006 by and between the County of Orange, North Carolina, Post Office Box 8181, Hillsborough, NC 27278, a political subdivision of the State of North Carolina, ("the .County") and Recreation Factory Partners (a division of N Sports factory, LLC}, 1439-200 S. Main Street, Wake Forest, NC 27587 ("RFP"). This MOU outlines the basic points of discussion and the agreement between RFP and `the County to offer Orange County Employees reduced membership rates at the Triangle SportsPlex. This MOU does not constitute a binding contract for any other purpose. NOW, IT IS HERESY UNDERSTOOD AS FOLLOWS: WHEREAS, the Orange County Board of County Commissioners found it desirable to offer- -Orange County permanent employees the benefit of a discounted membership rate at the Triangle SportsPlex; and WHEREAS, Recreation Factory Partners proposed and the Orange County Board of County' Commissioners endorsed on August 22, 2006, the proposed plan that Orange County employees be offered a 50% discount off the regular published membership rates at the Triangle SportsPlex; and WHEREAS, the Orange County Board of County Commissianers on August 22, 2006, also endorsed having the employee and the County split equa{fy the remaining cost of the :membership rate; and WHEREAS, the Orange County Board of County Commissioners appropriated funds in the 2006-07 General Fund Budget for the purpose of subsidizing operations of the Triangle SportsPlex; and WHEREAS, the Orange County Board of County Commissioners;atxthorized County Staff to pursue the administrative steps to carry out this endeavor... NOW, THEREFORE DO WE AGREE TO THE FOLLOWING: I'. Terre of Agreement -The Triangle SportsPlex Membership Benefit Program will commence on September 1, 2006, and terminate upon the Board of County Commissioners extinguishment of the benefit to Orange County Employees or termination of the County`s Agreement with RFP, Inc, whichever comes first. Ih. Facility Location- The Triangle SportsPlex is {orated at One Dan Kidd Drive, Hillsborough, NC 27278. III.. Covered Orange County Employees -This Benefit covers Orange County permanent fu l and permanent part time employees and their immediate families:.. A. Immediate family is defined as members of the same household that consist of one or two parents/guardians, domestic partners, their dependent children who are 18 years or under, and/or their older children who are dependant due to_specia! needs. Page 1 of 4 9j9J2006 B Persons over the age of 18 who are dependent and continually reside with the Orange County employee may be considered immediate family on a case-by- case basis. N.. Triangle: SportSPlex Membership Service Plan Description: A. Gold Membership -Includes full use of the pawls, exercise classes,. fitfiness center, and public ice skating sessions {skate rental not included) 8. Silver Membership -Includes full use of the pools, exercise classes, and fitness center. C. Weekday WorkaUfi Card Memberships are not included.;. V Types of ,Plan; . A. Single Membership -- Includes only the Orange County employee. B. Couple Membership -Includes only the Orange County employee ~ one other member of their family as defined in Section III. C;- Family Membership - : ~° . ;~;~ ~~ ~ ~~ _~ VI. Covered Employee Triangle Membership Program Benefit Defined: A. RFP will provide a 50% discount off the Triangle SportsPlex's published rate of a one-year membership to covered Orange County Employees B'. RFP wi!! waive the initiation fee for employees who sign cone-year membership agreement. C. Orange County -Orange County wilt pay, on a monthly basis, 50% of the remaining cost, ~~: ~e. °:~ ~°: ~ _ ... ~ ._ .~.:", of the One-year membership plan owed by covered Orange County employees to RFP on the employees' behalf. `'VI. RFP Responsibilities: A. Verification: 1. RFP will be responsible for procuring the necessary documentation to verify employee's employment status as a covered employee. 2. For covered employees paying their share of the membership fee through payroll deduction, RFP will upon receipt, forward the employee documentation to the County Finance Department for official verification of employee's employment status. 3'. For covered employees paying their share of the membership fee in full lump sum payment, RFP will submit their name to the Finance Qepartment on the first monthly invoice thereafter for verification. $. Billing.: 1, RFP will invoice the County monthly for the County's share of all employees` membership costs, including employees paying their share of the membership fee in a full lump sum payment. 2; RFP will provide a monthly invoice to the county, which shall include: a isfi of the employees covered, membership plan and type and monthly cost of membership. 3. RFP will offer and provide to covered employees an Orange County Payroll Deduction Authorization Farm if they want the cost of their membership drafted by Payroll Deduction,.. Page 2 of 4 9/9/2046 a VIII. Orange County Responsibilities: A. Ta provide to RFP written verification of employees status as a covered employee within 30 days of notification of employee membership. B. To process invoice within thirty days of receipt. C, To draft the employee's share of the membership fee from Payroll Deduction where an employee has an Orange County Payroll Deduction Authorization ` Form on file. If a couple ar family, living together and dependant on vne another, are both Orange County employees then the Orange County employees may designate from which employees' payroll the fee wii! be deducted. IX. Employee`s Responsibilities: A. Employee will pay the remaining 25°lo Of the cost of their membership after the discount-taken from RFP and Orange County. Employees may pay the remaining cost either by: 1, Payroll Deduction; or 2. In full at the time of signing membership agreement. B. Employees must follow al( rules and regulations of the Triangle SportsPlex or their membership may be terminated. C. Employees are responsible for all cost to RFP, see Section XI below, upon .termination of their employment with Orange County X, fierminafion of Covered Employee's Triangle SportsPlex: A. Orange County Employees with a Triangle SportsPlex membership prior to the' commencement of this MOU who want to participate in this Benefit Program may continue their membership until it expires or, B. If existing membership was paid in full, the employee may terminate the Agreement, pay a $60 cancellation fee and receive a refund from RFP on the remaining portion of their Agreement; or C'. If paid by Monthly Bank Draft or Monthly Credit Card Draft, the employee may terminate the Agreement, and pay a $60 cancellation fee. (this would be for employees who signed up on their own and have full memberships without discounts at the Triangle SportsPlex); or ©.: If paid by Orange County Payroll Deduction, the employee may terminate the Agreement. without paying a cancellation fee. XI. Effect bf Termination of Employment on>Membership after September 1, 2006: A. If employee ceases to be an Orange County employee or retires, then. beginning the first day of the next month following their employment with Orange County, then 1. If the employee wants to continue their membership they will be responsible for the full membership fee pro rated to the end of the term of their Membership Agreement. ~, They may cancel their membership by paying the cancellation fee as required by RFP. ~3. The County is not responsible for any remaining payments on membership agreements for employees who cease to work for the County, RFP may Page 3 of 4 9j9/2006 invoice the County for any month or portion thereof that the County employed the employee. XII. Initiation Fee -The initiation. fee wiN be waived for all employees who sign up for a one-year membership. XIII. The County does not assume any responsibility far the employee's share af'the rrrembership fee or any cost incurred by the employee as a result of their membership or termination of their membership. XIV. Hold Harmless- RFP agrees to hold the County,. its officers, agents, anti employees, harmless from liability of~any kind, including, but not limited to, all claims and losses accruing or resulting to any other person in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person that may be injured or damaged by RFP in the performance of this Agreement attributable to any act or omission of RFP including, but not Limited ta,. ..the negligence or intentionally tortuous acts of RFP. XV: Availability of Funds- It is understood and agreed that the County is a Local political subdivision of the State of North Carolina and that continuation of this Agreement depends upon adequate funding from focal sources of revenue. Should funding for the intended services fail or otherwise be inadequate at any time during the terms of this Agreerent, or should the County's right to Provide benefits contemplated by this MOU be diminished by law, the County shall have the right to terminate or cancel this MOU, and upon such termination or cancellation the County shah be released from any and all of its obligations under this MOU. The County shall give RFP thirty days written notice of such termination, in which case this MOU shall terminate thirty days from the date of delivery of notice which such notice shall be delivered to the addresses listed above on this MOU, or earlier if otherwise provided by law, rule or regu iatia~n . This the first day of September, 2005. By: r Re reation Fa~ Pa Hers r ,+ Roderick Visser, Interim County Manager This instrument has been pre-audited in the. manner required by the-Local Governmen~dget and Fiscal Control Act.. 13y: ~ ~ ~-~ K n Chavious, Finance Qirectoi- Page 4 of 9J9/2Q06