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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: January 22, 2008

Subject/Title: A Resolution approving and authorizing the City Manager to create an agreement with Anytime Fitness in Brentwood to provide corporate membership benefits to City employees at their own expense

Prepared by: Meredith Nahm, Administrative Assistant II

Submitted by: Karen Chew, Assistant City Manager

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into an agreement with Anytime Fitness in Brentwood to provide corporate membership benefits to City employees at their own expense.

PREVIOUS ACTION
None

BACKGROUND
The City of Brentwood received an unsolicited offer to provide corporate membership privileges to all City employees including no enrollment fees. This wellness benefit extends to all City employees (a full time city employee shall be defined as any person appointed to a regular position with the City who is scheduled to work five (5) days and forty (40), or more, hours per week or other comparable full time work schedule and who has successfully completed the probationary period. A regular full time employee occupies an authorized budgeted position). The initial agreement period will begin January 1, 2008 and terminate, unless extended in writing prior to its termination, on December 31, 2008. The agreement may be extended by the City Manager for a period of one (1) year if all other provisions of the Agreement remain the same.

FISCAL IMPACT
There is no fiscal impact to the City as the result of entering into this agreement as employees that elect to participate will pay applicable membership fees.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ANYTIME FITNESS IN BRENTWOOD TO PROVIDE CORPORATE MEMBERSHIP BENEFITS TO CITY EMPLOYEES AT THE EMPLOYEES’ EXPENSE

WHEREAS, the City of Brentwood received an unsolicited offer from Anytime Fitness in Brentwood to provide corporate membership privileges to all City employees; and

WHEREAS, Anytime Fitness desires to provide positive and long lasting partnership with companies in the area seeking long term health and wellness benefits for its employees; and

WHEREAS, the City desires to provide its employees health and wellness benefits at no cost to the City; and

WHEREAS, the City Council finds that the Anytime Fitness in Brentwood offer is appropriate and fulfills an objective to providing its employees a health and wellness benefit without cost to the City.

NOW, THEREFORE BE IT RESOLVED that the City Council approves and authorizes the City Manager to execute the Agreement for Health Club Membership between City and Anytime Fitness in Brentwood, a copy of which is on file in the Office of the City Clerk and hereby authorizes the City Manager to execute a one-year extension of the Agreement if all other provisions of the Agreement remain the same.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of January, 2008 by the following vote:

AGREEMENT FOR HEALTH CLUB MEMBERSHIP
ANYTIME FITNESS AT BRENTWOOD

THIS AGREEMENT made and entered into this ___ day of _________ 2008, by and between the CITY OF BRENTWOOD municipal corporation existing under the laws of the State of California, “City”, and ANYTIME FITNESS IN BRENTWOOD, a California corporation, "Anytime Fitness".

RECITALS

A. Anytime Fitness has offered, unsolicited, to provide corporate membership privileges to all City employees as an objective of Anytime Fitness is to create positive and long lasting partnerships with companies in the Bay Area seeking long-term health and wellness benefits for their employees; and

B. City believes that there is a benefit to City employees to have access to health and wellness facilities within the City and encourages the City employees to seek and use such health and wellness benefits; and

C. The City has entered into similar agreements with other health and wellness institutions in the City ; and

D. This Agreement is intended to set forth the responsibilities of each of the parties.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - ANYTIME FITNESS OBLIGATIONS

Anytime Fitness shall offer monthly fitness/health club membership to City full time employees (a full time city employee shall be defined as any person appointed to a regular position with the City who is scheduled to work five (5) days and forty (40), or more, hours per week or other comparable full time work schedule and who has successfully completed the probationary period. A regular full time employee occupies an authorized budgeted position) at the monthly rate for a single membership of $24.00 – $29.00 with no enrollment fee and signature of eighteen (18) month agreement. Eligible add on members (with at least one family member being a full time City employee) at an additional monthly rate of $19.00. Full time employees also have the option of month to month membership. Employees may cancel during the eighteen (18) month time frame due to medical or relocation purposes. If employees wish to pay month-to-month for membership, the monthly rate will be $34.00 - $39.00 for a single membership with no enrollment fee. There will be a one-time key fob charge of $29.00 for access to the building.

Anytime Fitness shall also waive the enrollment fee for a City full time employee and the enrollment fee for family members or eligible add on members if applicable. There shall be at least two open enrollment dates each year, to be agreed upon by Anytime Fitness and the City.

Anytime Fitness shall also offer three (3) months of free tanning to all City full time employees and their family members or eligible add on members, if applicable.

At no time during the term of this Agreement shall a City employee pay an Anytime Fitness enrollment fee. Additional open enrollment times can be requested by the City by writing a request to Anytime Fitness with at least thirty (30) days prior to an additional enrollment period and subject to Anytime Fitness written approval.

Anytime Fitness shall be responsible for the cost and distribution of any promotional (posters, flyers, sports bottles, T-shirts, mugs) material or items.

SECTION 2 - TERM

The services to be performed under this Agreement shall commence on January 1, 2008 and terminate, unless extended in writing prior to its termination, on December 31, 2008. The City Manager may execute a one-year written extension of this Agreement if all other provisions of this Agreement remain the same.

SECTION 3 - CITY OBLIGATIONS

City shall permit Anytime Fitness to provide promotional advertisement space on the city employee bulletin boards, subject to approval of the City Manager or her designee. City will permit Anytime Fitness to submit a brochure into the City’s payroll envelope two times each year. The subject brochure shall be subject to the approval of the City Manager or her designee for content and to ensure that it properly fits into the City’s standard payroll envelope. City shall also provide a notice to all its full time employees of this new health club/wellness benefit available to them at the discount stated above for the term of this Agreement.

SECTION 4 - TERMINATION

Without limitation to such rights or remedies, either party to this Agreement shall have the right to terminate this Agreement for any reason upon provided at least thirty (30) days prior written notice to the other party, to the address provided in Section 5 of this Agreement.

SECTION 5 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To City: City of Brentwood
c/o Donna Landeros, City Manager
150 City Park Way
Brentwood, CA 94513

To Anytime Fitness: Anytime Fitness in Brentwood
Sunset Plaza
Attn: Tony Decker
7750 Brentwood Boulevard
Brentwood, CA 94513
(925) 513 - 7001

SECTION 6 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This Agreement represents the entire and integrated agreement between City and Anytime Fitness and supersedes all prior negotiations, representations, and agreements, either written or oral, except as noted in this Agreement.

This document may be amended only by written instrument, signed by both authorized representatives of City and Anytime Fitness.

IN WITNESS WHEREOF, City and Anytime Fitness have executed this agreement the day and year first above written.


CITY OF BRENTWOOD

By __________________________
Donna Landeros, City Manager

Attest:

__________________________
Margaret Wimberly, City Clerk


Approved As to Form:

__________________________
Damien B. Brower, City Attorney

ANYTIME FITNESS IN BRENTWOOD

__________________________
Tony Decker, General Manager


 
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov