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HomeMy Public PortalAbout062-2011 - Park - Richmond Swim Club - FacilitFACILITY USAGE AGREEMENT THIS AGREEMENT made and entered into this _27th day of _April 2011 and referred to as Contract No. 62-2011 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the "Department") and Richmond Swim Club (hereinafter referred to as the "Club"). In consideration of the mutual promises exchanged herein, it is agreed as follows: 1. This Agreement shall be deemed to have begun on May 1, 2011 and shall expire on December 31, 2011. 2. 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 the times and dates for closing the facility for swim meets. 4. Club shall procure a general liability 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 1, 2011 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, 2011. 6. Club shall have a Certified Lifeguard on duty at all times when it is using the pool facilities, including times during supervised lap swim. 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 To Be Announced (TBA). b. Supervising the morning lap swim at Cordell Pool beginning Monday, June 13, 2011, everyday Monday -Friday from 6a.m. - 7a.m. C. Assist with Gorge or Reservoir Clean -up —date and time TBA. d. Providing staffing of fifteen (15) or more persons for the Department's "Celebration of Lights" to be held on December 3, 2011. e. Any other assistance reasonably requested by the Department. Contract No. 62-2011 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 this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. 9. 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. A breach of this Agreement shall include, but not be limited to, failure of Team to comply with any of the terms of this Agreement, failure to procure and maintain appropriate levels of general liability insurance as set forth in the terms of this Agreement, or failure to adhere to all federal laws, state laws, and local ordinances. In the event Team is able to cure or resolve any action or situation that caused the breach, City will not hold Team in default if such cure is able to be performed within thirty (30) days of the date breach is deemed by the City to have occurred. City shall provide Team with written notice of the breach by first-class mail, and Team shall have thirty (30) days from the receipt of notice of breach or default to perform said cure. 15. In the event Team is unable to cure or resolve the breach, City may declare Team in default and breach of this Agreement, and shall proceed with any action necessary to take possession of the facility. In the event of an emergency, City shall immediately proceed with any action necessary to take possession of the facility. City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination. 16. 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. 17. Two keys will be issued no earlier than May 1, 2011. Each key issued must be returned before August 31, 2011. A deposit of $50.00 is required per key. The deposit is refundable and will be refunded upon the return of each key. IN WITNESS WHEREOF, the parties execute this Agreement effective the day and year first above written, although signatures may be affixed at different times. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By:_S/S Karen Montgomery Karen Montgomery, President By:_S/S Mike Foley Mike Foley, Vice President By:_S/S Gary Turner Gary Turner, Secretary By: Avis Stewart, Member Date: April 27, 2011 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: —May 2, 2011 "CLUB" RICHMOND SWIM CLUB By: Stephanie Quinn Printed: (_5 ephanie Quinn ) Title: President Date: Mav 2. 2011