90-13 Agreement-West Orange + Montclair YMCA-Pool 2013.pdf

2 5. Fee and Insurance. A fee shall be payable in the amount of $65.00 per hour plus the expense of an assistant manager or other authorized individual employed by the Township who must be onsite at all times during Licensee's use of the Premises. Licensee agrees to maintain public liability insurance naming itself and Township as named insured in an amount not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) dollars in the aggregate. The Montclair Y shall carry liability insurance with a minimum combined single limit of One Million ($1,000,000.00) dollars for bodily injury and property damage. The Montclair Y shall provide the original of a Certificate of Insurance to this effect upon signing this agreement. Further, the Montclair Y represents that all participants and staff have additional medical insurance and emergency room coverage under a policy provided through United States Swimming ($10,000,000.00) and will provide a copy of that documentation included with this signed agreement. 6. Indemnification. Licensee shall indemnify and hold harmless Licensor including attorneys fees and expenses from any claims arising from Licensee's use of the Premises. 7. Usage. Licensee shall comply with all state and local laws, regulations, codes and ordinances. In addition, Licensee shall comply with all Township pool rules as shall be promulgated from time to time by the Township. Licensee hereby acknowledges receipt and full understanding of all current pool rules. 8. Hours of Licensee Use. Licensee shall be permitted to use the Premises during the hours of 6:00 a.m. until 7:45 a.m. Monday through Friday during the term set forth above. Any other hours of use shall be subject to prior written request and approval by the Township. Licensee may not use the Premises at any time without the Licensor’s authorized representative present. 9. Licensee's Care. Licensee will commit no act of waste, will take good care of the Premises, and will comply with all laws, regulations, rules, and orders of any federal, state, or local government agencies or departments. Licensee will do nothing that may potentially increase the cost of Township's fire or public liability insurance. 10. Staffing/Supervision & Safety: Licensee shall provide a certified swim coach (USAS) for all competitive swimming activities and shall also provide a

Township's fire or public liability insurance. 10. Staffing/Supervision & Safety: Licensee shall provide a certified swim coach (USAS) for all competitive swimming activities and shall also provide a certified pool manager (CPO) to properly open the pool and assure its safety for participants. It shall be the responsibility of the Licensee to ensure the safety of its staff and all participants and to ensure that all staff and participants are properly trained in safety and health procedures and concerns. The Licensee shall immediately report any incidents to West Orange in writing and shall provide West Orange with a written incident report. The Licensee shall assume all liabilities of injuries resulting from swim team related activities. 11. Lifeguard: A fully certified lifeguard shall be present at all times. The Licensee will pay all costs for providing the lifeguard and shall reimburse West Orange for the utilization of a West Orange staff lifeguard. 12. Repairs. Township will make all necessary repairs to the Premises at