HomeMy Public PortalAbout042-2009 -Parks - Richmond Swim Club - Facility UsageFACILITY USAGE AGREEMENT
THIS AGREEMENT made and entered into this _24th day of _March , 2009 and
referred to as Contract No. 42-2009 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, 2009 and shall expire on
December 31, 2009.
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, 2009 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, 2009.
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
15, 2009, 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 5, 2009.
Contract No. 42-2009
e. Any other assistance reasonably requested by the Department.
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. 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, 2009. Each key issued must be
returned before August 17, 2009. 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 Mike Foley
Mike Foley, President
By: S/S Avis Stewart
Avis Stewart, Vice President
By: S/S Jennifer Eastman
Jennifer Eastman, Member
By: S/S Karen Montgomery
Karen Montgomery, Member
Date: March 24. 2009
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: March 26. 2009
RICHMOND SWIM CLUB
By: S/S Sonya Edelman
Printed: (_Sonya Edelman )
Title: Co -President Swim Club
Date: Abril 16. 2009