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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