Documents › Board of Education, 2026-09-17

agreement 5 pages

Also attached to this agenda item: 2026-2027 Pool Use Agreement - Yorktown Central School District

. SERVICES AGREEMENT This Agreement made this ___ day of _ _,,S=e,,_pt=e m=b=er--' 20Ă, by and between: CROTON-HARMON UNION FREE SCHOOL DISTRICT having offices at 10 GERSTEIĉ STREET, CROTON-ON-HUDSON, NY (hereinafter "Contractor") and the Yorktown Central . School District, having offices at 2725 Crompond Road, Yorktown Heights, New York 10598: (hereinafter "School District"). WITNESSETH: I. Services. The School District hereby engages the CROTON-HARMON UFSD to_ following services: USE OF POOL FOR THE SCHOOL SWIM TEAM, CROTON-HARMON School Districts for the Fall And Winter High School Swim Teams Where Croton-Harmon will be responsible for securing and paying a lifeguard for all practices and for meets. Croton-Harmon will be responsible to make sure a LIFEGUARD WILL BE IN THE GUARD CHAIR WHENEVER PERSONS ARE ON THE POOL DECK. Croton-Hannon represents that he/she/it has the requisite knowledge and skills to provide all such services. 2. Compensation. The CROTON-HARMON UFSD will pay the School District as follows: $3,500.00 due for use of the pool for the 2026-2027 Fall Girls Swim Season. And $3,500 due . for the use of the pool for the 2026-2027 Winter Boys Swim Season. 3. Invoices. Yorktown will submit an invoice for use of facilities for the season and payment will be due 30 days from issue date. Duration. This Agreement shall be in full force and effect commencing on 9/01/2026 and terminating on 02/26/2027. 4. Principal Contact Person. The School District's principal contact person shall be Bari Susman, Athletic Director, Croton-Harmon and all correspondence, reports and inquiries regarding this Agreement shall be directed to that person. 5. Termination. a. 6. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Insurance. CROTON-HARMON UFSD shall maintain, in full force and effect, during all times this Agreement is in force, the types and amounts of insurance specified in Schedule A. All such insurance shall reflect that the School District is an additional insured thereunder and that the School District shall receive no less than 30 days written notice in the event of the termination thereof. Contractor shall provide the School District with a Certificate of Insurance reflecting the information required in this paragraph and set forth in Schedule A. Both school districts shall comply with all insurance requirements specified in Schedule A. 7. Indemnification. Contractor agrees that it shall defend, indemnify and hold harmless School District, its employees, officers, agents and Board of Education for all loss, costs, damages and expenses, including attorneys' fees, judgments, fines and amounts paid in settlement in connection with a terminated, pending or completed claim, liability, action, suit or proceeding of whatever name or nature as the same may relate, in any manner, to the services provided by Contractor and its personnel to the School District pursuant to this Agreement, including but not limited to any act, error or omission, misstatement, misleading statement, neglect or breach of duties by Contractor or any of its officers, directors, agents or or employees take ken or made with respect to this Agreement. Said indemnification and defense shal all apply to any claim, liability, suit, proceeding and action in which the School District, its employees, officers, agents and Board of Education may be named as a party, notwithstanding that the Contractor may deem said claim, liability, suit, proceeding or action frivolous or without merit. 8. Discrimination. Facility Use provided pursuant to this Agreement shall be provided without regard to race, creed, color, weight, gender, sex, sexual orientation, national origin, ethnic group, religion, religious practice, age or disability. 9. No Assignment. Croton-Harmon may not assign, transfer or convey any of its respective rights or obligations under this Agreement or subcontract any portion of the services set forth herein, without the prior written consent of the School District, which consent may be withheld for any reason whatsoever or for no reason. 10. Cooperation in the Event of Litigation. In the event that any claim, demand, suit or other legal proceeding arising out of any matter relating to this Agreement is made or instituted by any person against the School District, the Croton-Harmon and Hendrick Hudson School District, shall, at its own cost and expense, provide the School District with all reasonable information and assistance in the defense or other disposition thereof. 11. Notices. Any and all notices, demands or other communications required or desired to be given hereunder by either party shall be in writing and shall be validly given or made to the other party if personally served or if deposited in the United States mail, certified or registere ered, postage prepaid, return receipt requested and addressed to the party, as set forth above. If such notice, demand or other communication is served personally, it shall be effective mmediately. If such notice, demand or other communication is given by mail, the same shall be ctive when received, but in any event, it shall effective no later than five (5) days after deposit in the United States mail addressed to the party to whom such notice, demand or other address unication is to be given, at the address set forth above. Either party hereto may change its ess for purposes of this paragraph by written notice given in the manner provided abov ove. 12. No Waiver of Default. No failure by the School District to insist upon th strict performance of any term, covenant, agreement or provision of this Agreement or to exercis rcise any right or remedy upon a breach thereof, and no acceptance by the School District of any ser during the continuance of any such breach, shall constitute a waiver of any such breach or of any such term, covenant, agreement or provision. 13. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing, signed by both parties hereto. 14. Entire Understanding. This Agreement constitutes the entire understanding anc agreement between the parties and any and all prior agreements, commitments, understandings and representations are merged herein and are of no further force and effect. 15. Governing Law. This Agreement shall be governed by the laws of the State of New York. Any litigation between the parties shall be venued in an appropriate court located in Westchester County, New York. 16. Construction. This Agreement has been arrived at mutually and is not to be construed against any party hereto as being the drafter hereof or causing the same to be drafted. Cont. 17. Authority to Enter Agreement. The undersigned representativ ive of Croton-Harmon UFSD hereby represents and warrants that the undersig signed is an officer, director, or agent of Contractor with full legal rights, power and ud authority to enter into this Agreement on behalf of User of Facilities and to bind the User of Facilities with respect to the obligations enforceable against the User of Fa Facilities in accordance with its terms. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CROTON-HARMON UFSD Signature YORKTOWN CENTRAL SCHOOL DISTRICT By: Print Name Title Print title