HomeMy Public PortalAbout054-2008 FACILITY USAGE AGREEMENT- Richmond Swim ClubFACILITY USAGE AGREEMENT
THIS AGREEMENT made and entered into this _17'h day of April_, 2008 and referred to
as Contract No. 54-2008 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:
This Agreement shall be deemed to have begun on May 1, 2008 and shall expire on
December 31, 2008.
Weather permitting, Club will have access to the Cordell Municipal Pool during the
month of May, prior to its opening for the general public.
The Department and Club shall mutually agree upon the times and dates for closing the
facility for swim meets.
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, 2008 and shall not be
permitted to engage in activities at Department's facilities until proof of coverage is
provided.
Club shall provide the Department with the names and phone numbers of all officers on
or before May 1, 2008.
Club shall have a Certified Lifeguard on duty at all times when it is using the pool
facilities, including times during supervised lap swim.
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. Supervising the morning lap swim at Cordell Pool beginning Monday, June 2,
2008, everyday Monday -Friday from 6a.m. - 7a.m.
Assist with Gorge or Reservoir Clean -up —date and time To Be Announced
(TBA).
d. Providing staffing of fifteen (15) or more persons for the Department's
"Celebration of Lights" to be held on December 6, 2008.
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.
Contract No. 54-2008
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.
15. Two keys will be issued no earlier than May 1, 2008. Each key issued must be returned
before August 17, 2008. A deposit of $50.00 is required per key. The deposit is
refundable and will be refunded upon the return of each key.
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks & Recreation
S/S Avis Stewart
Avis Stewart, President
Date: April 17, 2008
APPROVED:_S/S Sarah L. Hutton_
Sarah L. Hutton, Mayor
Date: April 17, 2008
RICHMOND SWIM CLUB
S/S Kerry L. Perkinson
Printed: (Kerry L. Perkinson )
Title: —Co -President
Date: May 5, 2008