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Home My Public Portal About013-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: This Agreement shall be deemed to have begun on January 1, 2005 and shall expire on December 31, 2005. 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 31, 2005 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, 2005. 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 18, 2005 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 30, 2005. d• Supervising the morning lap swim at Cordell Pool beginning Monday, June 13, 2005, everyday Monday -Friday from 6am - 7am. Contract No. 13-2005 Providing staffing of fifteen (15) or more persons for the Department's "Frostbite 5K Run" and "Celebration of Lights" to be held on December 3, 2005. f. Any other assistance reasonably requested by the Department. 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. 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, INDIAAA by and through its Bo of arks & Recreation RICHMOND SWIM CLUB Dr.-F enla in Yo Presi ent -.1 V 4 � c� (L79 Wtc�zi'lu/' � Date: o� /� �L Date: I C APPROVED: Sarah L. Hutton, Mayor Date: --�F /,P- O ACORa CERTIFICATE OF LIABILITY INSURANCE �AT) PRODUCER 1-800-777-4930 Risk Management services, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. sox 32712 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Phoenix, AZ 85064-2712 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED INSURERS AFFORDING COVERAGE RICHMOND SWIM CLUB INSURERA:Lexin ton Inauzaace ---any USA Swimming etal Incl Local Swimming Committees XIRX MKART INSURERB:Mutual of Omaha Insurance Company 1330 QUAIL RIDGE INSURERC: RICHMOND, IN 47374-7176 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR A I LGENERAL LIABILITY 1638683DATE fMMMOPM 12/31/04 DATE 12/31/05 LIMBS R COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS MADE Fx_1 OCCUR FIRE DAMAGE An one fife) $100, 000 % Participant Legal MED EXP (Any one person S EXCLUDED X Liability Included PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY PRO- JFCT LOC PRODUCTS-COMP/OPAGG $2,000,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS (Ea accident) $ SCHEDULED AUTOS BODILY INJURY HIRED AUTOS (Per person) $ NON -OWNED AUTOS BODILY INJURY (Peracddent) $ PROPERTY DAMAGE GARAGE LIABILITY (Peracddent) S ANY AUTO AUTO ONLY . EA ACCIDENT $ OTHER THAN EA ACC S A EXCESS LIABILITY 3695969 AUTO ONLY: AGG $ X OCCUR CLAIMS MADE 12/31/04 12/31/05EACH OCCURRENCE $3,000,000 AGGREGATE S 8,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND S EMPLOYERS, LIABILITY WC STATU- OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ 8 XS ACC MED/DENTAL AD & E.L.OTHER DISEASE -POLICY UMIT $ D TSMPSP35054 01/01/05 01/01/06 Maximum 325,000 s DESCRIPTION OF OPERATtONWLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS s Verification of General/Bxceaa Liability for INSURED ACTIVITIES per attached. The Certificate Holder is included as Additional Insured per attached ADDITIONAL.'NSURED ENDORSEMENT EFFECTIVE CERTIFICATE ISSUE DATE. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Richmond SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 30 MAIL DAYS WR'TI'EN Jim Dykes NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 50 North Sth street raessoeerv.e - — I IN RSC IIBA AUTHORIZED REPRESENTATIVE V � 2497545 o ACORD Powered B 'C0Tt;ficaiesNow T°