HomeMy Public PortalAbout017-2011 - City - ABATE - MEMORANDUM OF UNDERSMEMORANDUM OF UNDERSTANDING
WHEREAS, It is the desire of the City of Richmond, Indiana, by and through its Board of Public
Works and Safety (hereinafter "City"), to grant permission to ABATE of Indiana
(hereinafter "ABATE") for the use of the premises located at 2153 Williamsburg
Pike, in Richmond, Indiana, which premises is commonly known as the Dana
foundry facility and premises (hereinafter referred to as "Premises"); and
WHEREAS, In the interest of public service to the community of the Richmond and Wayne
County area, the City of Richmond wishes to provide access to of the above -
described Premises to ABATE, at no charge, in order that ABATE may conduct its
2011 Motorcycle Rider Training Courses from April 15, 2011 through November 1,
2011.
NOW THEREFORE, the City and ABATE (collectively "Parties") wish to enter into this
Memorandum of Understanding and hereby agree as follows:
1. The Recitals set forth above are hereby adopted and incorporated into the Terms of this
Memorandum of Understanding.
2. This Memorandum of Understanding shall be in effect from April 15, 2011, through April
15, 2012. However, in the event City sells or leases the Premises, ABATE shall be given thirty (30)
days written notice that ABATE must vacate the Premises.
3. The City shall provide an area approximately 40' X 400' located at the southern part of the
paved lot west of the Dana foundry facility on the Premises (hereinafter "course site").
4. ABATE may use this course site exclusively during the term of the Memorandum of
Understanding, except for dates required by City of Richmond.
5. ABATE will place a 12' X 60' office trailer and an 8' X 45' storage container on the course
site near the lot. The office trailer and storage container may remain on the course site at the
conclusion of the 2011 Training Course with the stipulation that in the event the parties fail to enter
into subsequent agreements authorizing future ABATE training courses, or in the event City sells or
leases the Premises, ABATE shall remove said office trailer and storage container within thirty (30)
days of written notice from City.
6. The course site will be cordoned off for ABATE's use under the direction of Primex Plastics
who currently rent adjacent property.
7. Power may be supplied to the trailer by Richmond Power and Light at the expense of
ABATE.
Contract Number 17-2011
8. ABATE may lay out a range on the pavement in latex, water based paint or with removable
tape. Any markings shall be removed at the conclusion of the 2011 motorcycle training season.
9. ABATE will conduct Basic Rider Courses or Experienced Rider Courses on weekdays from
5:30 p.m. to 10 p.m., from 8 a.m. to 6 p.m. on Saturdays and from 8 a.m. to 4 p.m. on Sundays, and
motorcycle licensing examinations on Thursday Evenings. Any schedule variation is to be approved
by the City of Richmond.
10. ABATE will store property inside the trailers during the time that classes are not being
taught. Any storage must be in compliance with state or local codes as interpreted by representatives
of City of Richmond. ABATE agrees to hold the City of Richmond harmless for any damage to the
trailers or any damage or theft of items stored in the trailers that are located at the Premises.
11. ABATE will secure signed Release Waiver and Indemnification for each participant as
approved by City of Richmond Law Department. No use of the Premises by ABATE or any
participants of the 2011 Motorcycle Training Course shall commence until the City is in receipt of
the signed Waivers.
12. ABATE agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the ABATE's conduct or performance
of this Memorandum of Understanding, either intentionally or negligently; provided, however, that
nothing contained in this Memorandum of Understanding shall be construed as rendering ABATE
liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Memorandum of Understanding, purchase and thereafter maintain such insurance as will protect it
from the claims set forth below which may arise out of or result from ABATE's operations under this
Memorandum of Understanding, whether such operations by ABATE or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts ABATE may be held responsible.
ABATE agrees to provide City of Richmond evidence of the following insurance coverage, prior to
the first motorcycle safety class:
General Liability - $1,000,000 Occurrence
$2,000,000 Aggregate
Worker's Compensation — In accordance with the State of Indiana
requirements.
Physical Damage — Coverage for all ABATE property used on
premises.
Fire legal liability coverage.
The policy will include medical payments coverage as well as coverage for the motorcycles used in
the program. The policy will name City of Richmond as an additionally insured. No use of the
Premises by ABATE or any participants of the 2011 Motorcycle Training Course shall commence
until the City is in receipt of the Certificate of Insurance.
13. ABATE hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of ABATE's
performance of its obligations pursuant to this Memorandum of Understanding.
14. City retains the right to revoke or amend its approval for the use of the Premises in the event
of circumstances that may be unforeseen at the time of the signing of this Memorandum of
Understanding.
15. Any written notice given pursuant to this Agreement shall be given to Jay Jackson, Executive
Director of ABATE, at the address of P.O. Box 665, Bargersville, Indiana, 46106.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding at
Richmond, Indiana, as of the _3rd day of _February , 2011, although signatures may be
affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA BY AND THROUGH ITS Board
of Public Works and Safety
By:_S/S Vicki Robinson
Vicki Robinson, President
By:_S/S Dian Lawson
Dian Lawson, Member
By:_S/S Anthony L. Foster 11
Anthony L. Foster, II, Member
Date: February 3, 2011
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
"ABATE"
MOTORCYCLE SAFETY DIVISION,
ABATE OF INDIANA, INC.
By:_S/S Jay Jackson
Jay Jackson, State Director
Date: February 22, 2011