HomeMy Public PortalAbout167-2009 - RCS - City - Interlocal Agreement - First Tee ProgramINTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Interlocal") is entered into by and
between RICHMOND COMMUNITY SCHOOLS, a public school corporation
organized under the laws of the state of Indiana and having its principal offices at 300
Hub Etchison Pkwy, Richmond, Wayne County, Indiana ("RCS") and CITY OF
RICHMOND, INDIANA, a duly constituted second class city and political subdivision
of the state of Indiana having its principal offices at 50 North 5th Street, Richmond,
Wayne County, Indiana ("City") by its DEPARTMENT OF PARKS AND
RECREATION ("Department"), an executive branch department of City, on the month
and dates below designated opposite the respective signatures of the parties and their
representatives, to become effective as of September 15 (the "Effective Date"), as
follows.
A. Recitals
1. RCS is a public school corporation charged with providing public
educational services to its constituents within its defined geographical
area.
2. RCS recognizes the need to integrate into its curricular offerings
structured educational experiences that teach both cognitive skills and that
enhance the values and the character of the student learners.
3. RCS, by and through its administrative staff and its governing body, has
determined that through proper and supervised participation in the game of
golf, students can reasonably be expected to become exposed to a lifelong
recreational pastime, and also be provided an experience that will enhance
their character by developing values such as individual accountability,
honesty, integrity, compliance with rules, goal setting, teamwork and
cooperation, among many others.
4. The World Golf Foundation, Inc. ("Foundation"), a Florida not -for -profit
corporation, through its division known as The First Tee®, has developed
a national program that is to be implemented in schools and designed to
introduce the game of golf to students through their regular school's
physical education programs.
5. City, by and through the Department, has entered into an agreement (the
"Agreement") with the Foundation whereby City will serve as Sponsor to
assist in the expansion of The First Tee® National School Program and its
incorporation into the curriculum of designated age groups/grade levels of
public school corporations within City's Service Area, as said terms are
defined in the Agreement.
6. RCS desires to be a school participant in such an expansion of The First
Tee® National School Program, and to incorporate that program into its
elementary school level curricular physical education program.
7. RCS and City desire to inter into this Interlocal pursuant to the provisions
of Indiana Code (IC) 36-1-7, et. seq., in order to clearly and contractually
RCS / City of Richmond
First Tee® Interlocal Agreement
Page 2 of 7
establish their respective obligations in affecting the above -described joint
endeavors.
B. Provisions of Interlocal
RCS and City agree as follows:
1. Term of Interlocal. This Interlocal shall be in force from the Effective
Date through July 1, 2010. It may be renewed and/or modified by
subsequent written agreement of the parties. It may be earlier terminated
in accordance with the provisions set forth in Section B.8, below.
2. Purpose of Interlocal. The purpose of this Interlocal is to better the quality
of life, promote the positive well being and enhance the character
development of the students of RCS and the citizens of the City who will
be served and benefited from the incorporation of The First Tee® National
School Program within the curriculum of designated RCS elementary
schools.
3. Obligations of RCS. RCS agrees to:
a) Make a one-time only payment to City in the sum of ten
thousand dollars ($10,000) as a contribution to the total Sponsor
Contributions required to be made by or on behalf of City
pursuant to the Agreement.
b) Ensure that each elementary physical education teacher
employed by RCS during the term of this Interlocal shall
receive the three hour on line (e-line) training course provided
by Foundation through The First Tee® National School
Program to guide instruction in the program.
c) Incorporate within its elementary physical education curricular
program age and grade appropriate programmatic experiences
through the instruction and implementation of The First Tee®
National School Program.
d) Deliver instruction to the participating students in accordance
with the provisions and protocol of The First Tee® National
School Program. Such instruction shall be at a minimum level
of four (4) lessons (two hours of instruction) per school year per
student participant.
e) Provide for a phased in integration of The First Tee® National
School Program by offering the program to at least half of the
students in grades K through 6 during the first year of this
Interlocal. Assuming renewal of this Interlocal for two (2)
successive years, RCS undertakes that by the third year of its
participation in the program, it will be made available to all
students in grades K through 6.
RCS / City of Richmond
First Tee® Interlocal Agreement
Page 3 of 7
f) In cooperation with City and The First Tee®, RCS will
complete and return all required forms, survey and participation
data and such additional information as might be reasonably
needed and available to RCS in order to enable the Foundation
to evaluate the implementation of The First Tee® National
School Program in that portion of the City's Service Area
wherein RCS is the instructional agent.
g) Provide that each participating RCS elementary school, by and
through its building principal, will execute the Individual
School Agreement reflecting that school's commitment to its
participation in, and adherence to the rules and protocol of The
First Tee® National School Program.
h) Provide a transition experience for all sixth grade students
participating in The First Tee® National School Program at
facilities to be provided and designated by City, in order to
assist those students in seizing the next step opportunities
available to them to continue their interest in the game of golf
through their later secondary school years and into later life.
i) As between City and RCS, the obligation, if any, to provide
transportation for First Tee® National School Program
participants to any program venue shall be borne by RCS.
j) The superintendent shall appoint two RCS representatives to
serve on a joint oversight committee charged with monitoring
the implementation of The First Tee® National School Program
in those participating RCS elementary schools.
4. Obligations of City. City agrees to:
a) Contract with the Foundation for City, through its Department
of Parks and Recreations, to serve as Sponsor of The First
Tee® National School Program within the City's Service
Area.
b) Provide access to City's golf course facilities at Glen Miller
Park (such access to be limited to only those areas of said
course that are designated by City) or at Highland Lake Golf
Course or at such other locale as City shall have secured
(collectively, the "Facilities") to permit RCS instructional staff
to conduct those parts of The First Tee® National School
Program that require such facilities.
c) Maintain the Facilities in such a manner as to permit their use
by RCS as set forth above, and in such a manner as to render
the Facilities reasonably safe for the uses by RCS students and
staff contemplated by this Interlocal.
d) Carry such casualty insurance on the Facilities as City might
determine to be appropriate, and maintain liability insurance
for injury or property damage suffered by others in amounts
RCS / City of Richmond
First Tee® Interlocal Agreement
Page 4 of 7
commensurate with the liability limitations of the Indiana Tort
Claims Act.
e) The Mayor of City shall appoint two City representatives to
serve on a joint oversight committee charged with monitoring
the implementation of The First Tee® National School
Program in those participating RCS elementary schools.
5. Budgetary Considerations. City shall procure the required curriculum
materials and equipment necessary for implementation of The First
Tee® National School Program from the Sponsor Contributions raised
by City in accordance with the Agreement. Instructional staff salaries
for RCS physical education instructors shall be paid by RCS. Ongoing
maintenance expenses for the Facilities shall be paid by City. It is not
anticipated that there will be ongoing budgetary needs. However, to
the extent that there may be private contributions made to the City's
First Tee® program (other than those initial Sponsor Contributions
required to be provided by City pursuant to the Agreement), such
funds shall be received, disbursed and accounted for by City. The
First Tee® joint oversight committee discussed below shall be
consulted regarding proposed expenditures of such funds and said
committee shall be provided with an accounting of all such funds on at
least an annual basis. All fund raising activities shall be in accordance
with the rules, procedures and protocols of The First Tee® National
School Program.
6. Joint Oversight Committee. The activities contemplated by this
Interlocal shall be monitored by the City of Richmond First Tee®
Joint Oversight Committee (the "Committee") composed of four (4)
members appointed by the RCS superintendent and the City's mayor,
as set forth above. The Committee shall be responsible for monitoring
the activities of the program, maintaining appropriate contact with the
Foundation to assure that the local First Tee® program is compliant
with all applicable Foundation rules and regulations pertaining thereto,
overseeing program evaluations and recommending to the RCS
superintendent and to City's mayor such changes or modifications in
the local First Tee® program as might be appropriate.
7. Ownership of Property Used to Implement Interlocal. All equipment
and instructional materials used by RCS to implement the local First
Tee® program shall become the property of RCS. Upon termination
of this Interlocal, such property shall remain the property of RCS.
Any subsequent use by RCS of trademarked or otherwise protected
intellectual property of the Foundation used in The First Tee®
National School Program shall only be done according to licensure or
other permission granted to RCS for such subsequent use by the
Foundation. All improvements made to City -owned Facilities, if any,
RCS / City of Richmond
First Tee® Interlocal Agreement
Page 5 of 7
pursuant to this Interlocal shall be and remain the property of City
during its term and following the termination of this Interlocal.
8. Termination of Interlocal. Either RCS or City may terminate this
Interlocal without cause upon at least sixty (60) calendar days written
notice from the terminating party to the other.
9. Interpretation of this Interlocal. This Interlocal is entered into between
two political subdivisions of the state of Indiana pursuant to IC 36-1-7,
et. seq. It is intended to evidence the joint participation of RCS and
City in The First Tee® National School Program. This Interlocal shall
be construed in accordance with the substantive laws of the state of
Indiana. Notwithstanding anything seemingly to the contrary herein,
nothing contained in this Interlocal shall render those instructors
employed by RCS to implement the local First Tee® program as
agents, employees or subcontracted parties of City. Likewise no City
employee engaged in the implementation of the local First Tee®
program, including any maintenance workers or those employed at any
of the City -owned Facilities, shall be considered as the agents,
employees or subcontracted parties of RCS. RCS and City shall each
indemnify the other for any injuries, damages, losses or other claims of
third parties caused by the negligence of that party's employees or
agents. To the extent that any such claim is covered by liability
insurance maintained by either or both RCS and City, and only to the
extent permitted by the terms of any such applicable insurance policy,
RCS and City mutually waive their rights of subrogation against the
other for any such loss or claim for which there is insurance coverage.
This Interlocal may be executed in multiple counterparts, each of
which shall be considered an original. This Interlocal may only be
modified by a duly authorized and executed writing signed by the
party to be charged with an obligation of performance thereunder. Use
herein of the singular shall imply the plural, and vice versa. Use if the
masculine, feminine or neuter gender shall imply the appropriate other
where the context herein would so require.
In all particulars, this Interlocal shall enjoy a neutral construction
notwithstanding that counsel or an employee of one of the parties to
this Interlocal may have served as the primary author of this document.
(End of Page 5 — Signatures Follow)
RCS / City of Richmond
First Tee® Interlocal Agreement
Page 6 of 7
IN WITNESS WHEREOF the undersigned officers or representatives of RCS
and City have executed this Interlocal Agreement on the month and day opposite their
respective signatures.
RICHMOND COMMUNITY SCHOOLS
By: _S/S Suzanne I. Deren o wski
Suzanne I. Derengowski, President
Board of School Trustees
Attest:
_S/S Patricia G. Heiny
Patricia G. Heiny, Secretary
Board of School Trustees
Approved by:
S/S Allen B. Bourff
Allen B. Bourff, Superintendent,
Richmond Community Schools
RCS / City of Richmond
First Tee® Interlocal Agreement
Page 7 of 7
CITY OF RICHMOND, DEPARTMENT
OF PARKS AND RECREATION
By: _S/S Mike Foley
Mike Foley, President
City of Richmond Park Board
Approved:
S/S Sally L. Hutton
Sally L. Hutton, Mayor of the
City of Richmond
Also Approved By:
CITY OF RICHMOND, INDIANA
BY ITS COMMON COUNCIL
By: S/S Bruce Wissel
Bruce Wissel, President
Attest:
S/S Karen Chasteen
Karen Chasteen, City Clerk