HomeMy Public PortalAbout010-Richmond Swim ClubFACILITY USAGE AGREEMENT
This agreement is entered into this by the Board of Parks and Recreation (hereafter referred to as
Department) and the Richmond Swim Club (hereafter referred to as "Club"). In consideration of
the mutual promises exchanged herein, it is agreed as follows:
1 • This Agreement shall be deemed to have begun on January 1, 2004 and shall expire on
December 31, 2004.
1. Weather permitting, Club will have access to the Cordell Municipal Pool during the
month of May, prior to its opening for the general public.
3• The Department and Club shall mutually agree upon thethe
facility for swim meets. times and dates for closing
4• Club shall procure a general liabil
ity ty insurance policy with limits of liability no less than
$1,000,000 per person and $1,000,000 per occurrence. The City of Richmond shall be
named as a co-insured on such policy. Club shall provide the Department with a copy of
such policy or Certificate of Coverage on or before May 31, 2004 and shall not be
Permitted to engage in activities at Department's facilities until proof of coverage is
provided.
5. Club shall provide the Department with the names and phone numbers of all officers on
or before May 1, 2004.
6. Club shall have a Certified Lifeguard on duty at all times when it is using the pool
facilities.
7. As consideration for this Agreement, Club shall assist Department as follows:
a• Providing Volunteers for the "Clean-up Day" at the Pool, date and time TBA.
b. Providing staffing of fifteen (15) or more persons for the "Run for The Roses"
5-K Run, to be held at Glen Miller Park on Sat. June 12, 2004 at 7:00 am.
C. Providing staffing of fifteen (15) or more persons for the Department's 115-K
Home Run Trot" to be held on Sat. July 17, 2004.
d• Supervising the morning lap swim at Cordell Pool beginning Monday June 14,
2004, everyday Monday -Friday from 6am - 7am.
e• Providing staffing of fifteen (15) or more persons for the Department's "Frostbite
5K Run" and "Celebration of Lights" to be held on December 4, 2ent'
004.
f• Any other assistance reasonably requested by the Department.
8• Pursuant to Indiana Code 22-9-1-10, Club, any sub -contractor, or any person acting on
behalf Club or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of th
respect to hire, tenure, terms, conditions or privileges of employmeis Agreement, with
directly or indirectly related nt or any matter
to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
Contract No.10-2004
This Agreement is personal to the parties hereto and neither party may assign or delegate
any of its rights or obligations hereunder without the prior written consent of the other
party. It shall be controlled by Indiana law and shall be binding upon the parties, their
successors and assigns. It constitutes the entire Agreement between the parties, although
it may be altered or amended in whole or in part at any time by filing with the
Agreement a written instrument setting forth such changes signed by both parties.
10. This Agreement may be simultaneously executed in several counterparts, each of which
shall be original and all of which shall constitute but one and the same instrument.
11. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit
arising under this Agreement, must be filed in said courts. The parties specifically agree
that no arbitration or mediation shall be required prior to the commencement of legal
proceedings in said Courts.
12. Any person executing this Agreement in a representative capacity hereby warrants that
he or she has been duly authorized by his or her principal to execute this Agreement.
13. In the event of any breach of this Agreement by Club, and in addition to any other
damages or remedies, club shall be liable for all costs incurred by Department due to the
enforcement of this Agreement, including but not limited to Department's reasonable
attorney's fees.
14. In the event that an ambiguity or question of intent or a need for interpretation of this
Agreement arises, this Agreement shall be construed as if drafted jointly by the parties,
and no presumption or burden of proof shall arise favoring or disfavoring any party by
virtue of the authorship of any of the provisions of this Agreement.
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks & Recreation
Karen Montgomery, President
APPROVED:
Sarah L. Hutton, Mayor
Date: �'�'
RICHMOND SWIM CLUB
Date:_ A / 1.5 / 6