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Home My Public Portal About113-2019 - Fire - Airport - EAA Chapter 373 - Special EventY * A FACILITY USAGE AGREEMENT THIS AGREEMENT made and entered into this day of , 2019, and referred to as Contract No. 113-2019 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Aviation Commissioners (hereinafter referred to as the "City" or the "Airport") and EAA Chapter 373, 8502 west Highway 40, Centerville, Indiana, 473 3 0 (hereinafter referred to as "EAA"). In consideration of the mutual promise and covenants contained herein, the Airport and EAA hereby agree as follows: 1. The City of Richmond, Indiana, is the owner of certain property known as the Richmond Municipal Airport. 2. EAA wishes to. use certain facilities of the Richmond Airport in order to host certain special events (hereinafter "event" or "events") during the month of -August in 2019. The Airport shall permit EAA to use certain designated Airport facilities located at the Richmond Municipal Airport premises located at 5169 South State Road 227, Richmond, Indiana, (hereinafter "facility" or "facilities"), as specifically determined by the Airport Manager, for its activities in connection with said events, which activities may include,. but are not limited to, media day, fly -ins, rides, rallies, and dances, which .list of activities with proposed dates is attached hereto as Exhibit ' A and is incorporated herein by reference. 3. EAA shall be entitled to use the designated portions of the facility for set up purposes on the dates specified on Exhibit A. Rain dates, if necessary, shall be as determined by the Airport Manager. During the special activities or special events, portions of the facility shall be open to the public during the hours of 9:00 a.m. until 12:00 -a.m. midnight. 4. In the event food and non-alcoholic beverages and amenities are provided by EAA at its costs at said activities and events, EAA shall be responsible for obtaining any permission and/or waivers necessary from the FAA, the State Fire Marshall, and/or any necessary licenses in connection with the serving of food and beverages. 5. EAA, at its cost, shall provide adequate security for crowd control on;,_the premises and for traffic control accessing Airport, and shall submit a plan for, such security to the Airport Manager for his approval no later than August 1, 201.9. 6. EAA, at its cost, shall remove all trash and debris after each activity or event, and shall monitor trash containers during the event to make sure they are properly emptied. EAA agrees to restore all Airport facilities to their pre -event condition after each event. 7. EAA, at its cost, shall be responsible for providing barricades between the areas reserved for event attendees and the Airport areas not being used for EAA's activities or events. Contract No. 113--2019 c 4 8. EAA and its members must abide by all rules and regulations of the Airport, including but not limited to, any applicable posted hours. 9. EAA shall further comply with all other safety requirements imposed by the local Richmond Police Department,. Richmond Fire Department, Board of Aviation Commissioners, or the Airport Manager, as well as those imposed by the City Law Department, State Fare Marshall, FAA, including, by ways of illustration only and not by way of limitation, sufficient space for fire lanes for rescue vehicles and appropriate clearances for aircraft taxi. 10. EAA, at its cost, shall be responsible for providing on the Premises, at all times. in which the B-17 Rides are occurring, at least one (1) certified ambulance, one (1) med-tech, two (2) E.M.T.s, and a first aid tent. In the event of an injury resulting in a required transport to a hospital, a certified ambulance must be back on the Airport within fifteen (15) minutes or the event(s) will be suspended until such time that a certified ambulance is on the field. If a certified ambulance is en route to the Airport, the event may continue without interruption. 11. EAA, at its cost, shall provide restroom facilities upon the Premises that satisfy all applicable health standards for the estimated attendance. This shall include at least twenty (20) portable restrooms for each one thousand (1,000) people in attendance, in addition to at least one (1) handicapped accessible restroom. This rule may be lowered if restrooms are serviced at least once daily. 12. EAA, at its cost, shall be responsible for providing sufficient electrical outlets and/or boxes, as well as water supply, in order to accommodate any event associated with EAA's use of the Premises. All such electrical supply or water supply shall comply with all applicable National, State, and Local codes. EAA, at its cost; shall be responsible for all electrical service used during the activities or events, including, but not limited to vendors, games, entertainment, or operations. EAA shall be responsible for any fees in conjunction with temporary services used. Airport may, at its option, supply temporary panels for the events to the EAA. EAA shall be responsible for, any damage to any panels provided by Airport during and at the cone lusion of the activities or events. 13. EAA, at its cost, shall be responsible for organized parking in designated areas. for all events occurring on the Premises. Any damage done. to the Premises, adjoining Airport property, if property of others is used in conjunction with EAA's use of the Premises, shall be EAA's responsibility. EAA, its agents, , contractors, employees, licensees, invitees and attendees and. all other persons associated with the EAA shall not park vehicles or equipment in areas posted or barricaded. These areas include, but are not limited to T--Hangar areas, Maintenance Buildings, hangars as also specified by the { Airport Manager and any adjoining ramps. Any vehicles parking in these areas will be subject to towing at the owners expense. off -road vehicles are not allowed, except for the purpose of operations of event by the EAA. Any damage done to Premises by EAA, EAA's agent, contractors, employees, attendees or participants shall be the responsibility of the EAA. Page 2 of 4 t j 14. Airport may order EAA to cease or relocate its activities at any time should it be necessary for the proper use, safety or enjoyment of facilities. 15. EAA 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. EAA shall provide the Airport with a copy of such policy or Certificate of Coverage on or before August 1, 2019, and shall not be permitted to engage in activities at Airport's facilities until proof of coverage is provided. 16. Pursuant to Indiana Code 22-9-1-10, EAA, any sub -contractor, or any person acting on behalf of EAA 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. 17. This Agreement will be deemed to have begun on August 1, 2019, and shall expire on August 31, 2019. Any changes required by the Airport during the effective dates of the Agreement will be provided in writing to EAA. at least thirty (30) days prior to the date the change will go into effect._ 18. EAA shall require participants in all events and contests to sign the City's liability waiver prior to participation. 19. EAA agrees to indemnify, release, and hold harmless the City of Richmond, the Airport, and all employees, officers or agents of the same from any liability that may arise from the use of the facilities by EAA. 20. 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 lave 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 the Agreement a written instrument setting forth such changes by both parties. 21. This Agreement may be -simultaneously executed in several counterparts, each of which' shall be an original and all of which constitute but one and the same instrument. 22. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Agreement, if any, 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 court. 23. 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. Page 3 of 4 24. In the event of any breach of this Agreement by EAA, and in addition to any damages or remedies, EAA shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's-reasonable attorney's fees. 25. A breach of this Agreement shall include, but not be limited -to, failure of EAA 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 EAA is able to cure or resolve any action or situation that caused the breach, City will not hold EAA in 'default if such cure is able to be performed within one (1) day of the date breach is deemed by the City to have occurred. City shall provide EAA with written notice of the breach by first-class mail, and verbally in person to EAA's on -site representative. EAA shall have one (1) days from the receipt of the verbal notice of breach or default to perform said cure. 26. In the event EAA is unable to cure or resolve the breach, City may declare EAA 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. 27. 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.. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Aviation Commissioners Dave Stevens, President C6 I $ I I APPROVED: I David M. Sno or Date: �g � � t4lalloo, "EAA" EAA Chapter .373 8502 west Highway 40 Centerville, IN -47330 By: Mike Davis, President Date: � � i-A Page 4 of 4 EAA CHAPTER -373 LIST OFACTIVITIES AUGUST".21 B-17 ARRIVES AUGUST 22 MEDIA DAY AUGUST 23 8-17 RIDE-8 AUGUST'24' SMALL FLY -IN B*1!17 RIDES HANGAR DANCE AUGUST 2.5 B-17 RIDES YOUNG EAGLES RALLY' [EXHIBIT -A PAG� AC"R"® CERTIFICATE OF LIABILITYDATE(MMYY) [N�UR�11110E (s/19/2019o�9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC. 540 W. MADISON(A/C. CONTACT NAME: PHONE FAX -7 No. Ext :(A/C, No): E-MAIL ADDRESS: CHICAGO, IL 60661 Attn: Chicago.CertRequest@marsh.com I Fax: 212-948-0770 INSURER(S) AFFORDING COVERAGE NAIC N INSURER A : See Attached Schedule of Insurers 503666-ChapE-18-19 INSURED INSURER B : EAA Chapter 373, Inc., 5169 IN 227, Richmond, IN Attn: Karen Kryzaniak PO Box 3086 INSURER C : INSURER D : INSURER E : Oshkosh, WI 54903-3086 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL p SUER D POLICY NUMBER POLICY EFF IY MM/DDYYY POLICY EXP MMIDDIYYYY LIMITS A COMMERCIAL GENERAL LIABILITY See Attached Schedule of Insurers 12/01/2018 12/0112019 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE1:1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ NIA x MED EXP (Any one person) $ 5,000 Aviation Operations Liability PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ NIA GEN'L POLICY 0 PRO ❑ LOC JECT PRODUCTS - COMPIOP AGG $ 1,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE Paccident) $ NON -OWNED HIRED AUTOS AUTOS S UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N I A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S (Mandatory in NH) E.L. DISEASE - POLICY LIMIT S If yes. describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) As respects the event being sponsored by the Chapter on the following dates: Saturday, August 24, 2019 Certificate holder is included as an additional insured for the use of facility but solely as respects the operations of the named insured and solely as respects the event taking place on the date listed above. CERTIFICATE HOLDER CANCELLATION Richmond Municipal Airport, City Of Richmond 50 North 5th Street Richmond IN 47374 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 503666 LOC #: Chicago ACC)R" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA INC. Experimental Aircraft Association and EAA Aviation Foundation, Inc., et al. POLICY NUMBER Attn: Karen Kryzaniak PO Box 3086 Oshkosh, WI 54903-3086 CARRIER NAIC CODE EFFECTIVE DATE: (8/1912019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The Insured Chapter named above is covered per the terms and conditions of Endorsement - SPM001 (12/2009) - ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION (Activities Of And Events Sponsored Directly By A Chapter) attached to the Aviation Operations Liability policy evidenced above Experimental Aircraft Association and EAA Aviation Foundation, Inc. etal Schedule of Insurers for the period December 1, 2018 - December 1, 2019 under Insurer letter A. Insurers: Global Aerospace, Inc. Policy No.13000709 Various London Underwriters Policy No. B0509AVNPN1700496 Old Republic Insurance Co. Policy No. AP00887817 XL Specialty Insurance Co. Policy No. UA00001 893AV1 8A National Union Fire Insurance Co. of Pittsburgh Policy No. PL001853274-14 Starr Indemnity and Liability Company Policy No. SASICOM60111418-04 North American Elite Insurance Company Policy No.. FGG3000179-01 The insurance is provided by separate insurers. The liability of these is several and not joint. ACORD 101 (2008101) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD