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Home My Public Portal About022-2013 - Police - ABATE - Motorcycle TrainingMEMORANDUM 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 yearly Motorcycle Rider Training Courses.. 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, 2013, through April 15, 2016. 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. ABATE may conduct its yearly Motorcycle Rider Training Courses as follows: L 2013 — From April 15, 2013 through November 1, 2013; ii. 2014 — From April 15, 2014 through November 1, 2014; and iii. 2015 — From April 15, 2015 through November 1, 2015. 4. 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"). 5. ABATE may use this course site exclusively during the term of the Memorandum of Understanding, except for dates required by the City of Richmond for the City's use. 6. 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 2012 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. Contract Number 22-20I3 7. The course site will be cordoned off for ABATE's use under the direction of.Primex Plastics who currently rent adjacent property. i 8. Power may be supplied to the trailer by Richmond Power and Light at the expense of ABATE. 4. 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 motorcycle training season. 10. � ABATE will conduct Basic Rider Courses or Experienced Rider Courses during its yearly Motorcycle Training 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. 11. 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. 12. 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 yearly Motorcycle Training Courses shall commence until the City is in receipt of the signed Waivers. 13. 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 Iiable for acts of the City, its officers, agents, or employees. ABATE 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 the City of Richmond as an additional insured. No use of the Premises by ABATE, or any participants of the yearly Motorcycle Training Courses shall commence until the City is in receipt of an updated Certificate_ of Insurance for each year ABATE conducts the Motorcycle Training Course. 14. 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. 15. .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. City may order ABATE to cease or relocate its activities at any time should it be necessary for the proper use, safety or enjoyment of the Premises. 16. In the event of any breach of this Memorandum of Understanding by ABATE, and in addition to any damages or remedies, ABATE shall be liable for all costs incurred by City due to the enforcement of this Memorandum of Understanding, including but not limited to City's reasonable attorney's fees. 17, A breach of this Memorandum of Understanding shall include, but not be limited to, failure of ABATE to comply with any of the terms of this Memoranduin of Understanding, failure to procure and maintain appropriate levels of general liability insurance as set forth in the terms of this Memorandum of Understanding, or failure to adhere to all federal Iaws, state laws, and local. ordinances. In' the event ABATE is able to cure or resolve any action or situation that caused the breach, City will not hold ABATE 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 ABATE with written notice of the breach by first-class mail, and ABATE shall have thirty (30) days from the receipt of notice of breach or default to perform said cure. 18. In the event ABATE is unable to cure or resolve the breach, City may declare ABATE in default and breach of this Memorandum of Understanding, and shall proceed with any action necessary to take possession of the Premises. In the event of an' emergency, City shall immediately proceed. with any action necessary to take possession of the Premises. City may terminate this Memorandum of Understanding 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. 19. 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 payties have e ecuted this Memorandum of Understanding at Richmond, Indiana, as of the day of 2013, although signatures may be affixed on different dates. y "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By: Vicki Robinson, President Dian Lawson, Member APPROVE6�r x.xL14 L. Hu on, Mayor "ABATE" MOTORCYCLE SAFETY DIVISION, ABATE OF INDIANA, INC. By: .Jay Jackson, State Director Date: AC"REIrbg7e tmmloureym CERTIFICATE OF LIABILITY INSURANA, -fHlb- C&nkcktm IS ISSUED At A wkiTEA' 6151NI OkMATidk 64LY Af4b toNFEk't NO M61,17S OP614 THt'c'iRMCAM, HbLDI k, THIS qiE'RTIFICATE DQES NQT AFfIRMATIVELY OR NEGAMVEMAMEND, EXTEND OR ALT-9R• -ME. COVERA-GE ALF.FCjRCfgD, BY THE POLICIEs 13140*� TM$ (�1911TIFIQATt &V 14WRANci 6-RE! No"" T cQ,146t!,&TE A cot4tRA& SETWtEN THE i6.SUJN"G jliWR� UtH i A s A: &RkEb REPREseftTiVE OR PRW=89, AND THE cEhInFicA.Tt HOLM. IKPORTANT-� If the i6rtlfic'ate:hditd6e It an ADDITIONAL INSURED, the pbli"oy(Wg) aiu§l fie: eindde"d. lf'SUgROGAMON IS WAIVED, subject to foie t@>�n� aYici,�dt7rfftlons of fhe: p.�ificy, certain, pbllcies iaiay requite sn er>:darse�isnt: A stat$mento� thi�'c+3rtl�icatr� does fiat C4r►'�ei• rights to tt€e cetitttcafe holder Ir% I1,eu of PROPUC.ERr TSTJ Insurance Services - Underwood Agency 3996 state Road 38 East suite 5%& Lafayette nq 47905-9516 Co' KrACT NAME: fP%Ow , (765)742-7_320 JIFAA Ot$?742-7212 webb> r@uiider*b6dagency. com . MURER(St AFFORDING COVERAGE NAIL MURERA-WeSt Bend Insurance Company 15350 MURED ABATE of Indiana Inc. PO' B6X 665 &I N Balchiin St I.Bargeraville PT 44406'_0665 INSURERa,Technalogy Insurance 0001 I NSURFM C INSURERD: INSURERS: INSURER F,_ COVERAGES CERTIF(CATE NUMSER:QL121Q17QU775 REVISION NUMIAPP, T-H.kq IS TO CERTIFY THAT THE POL(CIES OF INSURANCE LISTED BELOW HAVE BEEN. ISSUED TO THE INSURED NAMED ABOVE FORJHEL POLICY PERIOD I 'OICATED� N . 0 fTHSTANOIN,G ANY I EA 1506.U.M. Tw lEdUIREVENT. TERM q9 CQNID!tION QF'AN.Y 064TIIACT QR OTA ENT WITH RESPECT TO MICH TI`IkS 'it -y .RtIF A E 9K. se issueb 6R MAY OE'RTAI� ' THE �U H4. - RANCE AFFORDS[) P06 ol'es IJESoMgE6 HtkEN IS SVBJECtr6 ALL. THE TERMS, EXCLUSIONS AND CONDITIONS01` SUCH PQL(CIES. LIMITS SHOWN IMAY HAVE BEEN REDUCED BY PAID CLAIMS.: MR1 LTR TYPE OF KWRANCE POLECY NUMBERalmm; CAP 811 A GEI4ERAL MtIUTY COMMERCIAL GENERPL LK81LrrY CLAIMS -MADE E4 OCCUR 9/1/2012 9/1/2013 EACH OCCL_1RM=NGE ]_.'000„00 ME�D:E,0 Wq cn6 p4cs& $ FSER,60 gjaL_ & ADV Ifl.9JQ Y $ 1, 0oc, obb 6QAERAL ACrRGATE, $ 2:,000,000 E I, 54T AFIPL IES' PER: POLCe PRO- 17� Loc lecr PRODUCTS -2SLMP1gP AGG 2,000,000 AUTOMOSILdLIAMMY I ANY AUTO ALL OWNED SCHEDULED aUTOS AU70S NOR -OWNED ri [RED AUTOS NISM001074 911/2022 911120:L3 70, "BREMSIMI.LE BODILY NXRY (Per amidort) $ UndoMmirad (Mo,W X. UMBRELLA.LIAB4CCWR"EACH EXCe$S UAG CfAtMWADE 4UE1226133 03 9/1/2012 9/1/2013 OCCURReNCE I, o0o, 0.00 AGGREGATE 1,000,006 bE0 RETENTION $ 0 ANC.�t�NLQYER�r Uk9ILITY ANY FIRQMETO,�R_ARTNERibYIN �CLMVE FXCLOOtCo E Fencer skS OFOPERATIONS.belaW N'tA AR3063-01 /23/20i3 /2i/?Q14NH) IT`045.,M .1 IV E. 100 E L QIZFASE; EALPLOVU 1DO,.,00.0 DESCRIPTION'OF OPERATIONS/ LOCATIONS I VEHICLES (AftachKrORD'101,Add1tjqnEdLp 4Markg, UIjedw1o,, it more %,pace Js.?aquJredj Cartifid6te- holder is 1.is'ted As an additiondl mlnstned City o:f � chmpn-d A,Ichmdud, xbT 47374 SAOULD AOY dA0CBLLE0.8t00RjE; THE t0ii3Amby qgl-g fg*ktb�v. k6vm� MLL. ag okiVakg� 'id %,'000MO.� WiT.H:'rk L ok _j. -A UTHORI Z E U REP RE SUMMVG %4%bbdr/iNIE TheAC09q:name and Ibgo sm registered marks' -Ar�ORD ON. AR right's reservo.d,