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e e YMCAlCOLP2 - Contract 5. The City agrees to provide an operational telephone at the Pool during the term of this contract. The City agrees to provide the following safety equipment at the Pool during public swim hours for the term of this contract; one (1) Shepherd's Crook with separate pole; one (1) ring buoy with throw rope, one (I) backboard with 4 straps and head immobilizer; three (3) rescue tubes; one (1) pair safety goggles; one (1) pair rubber gloves; one (1) pair of steel-toed rubber boots; one (1) stocked first-aid kit; one (I) Material Safety Data Book; one (I) approved fire extinguisher. III The Y.M.C.A. agrees as its sole liability to indemnify, defend, protect, and hold harmless the City of La Porte from liability, responsibility, or losses arising out of any negligent act or omission or any willful wrongdoing on the part of the Y. M. C.A. or any employee of the Y .M. C.A. Conducting of swim lessons shall be a part of this indemnification. The Y.M.C.A. specifically agrees to assume sole and total liability to indemnify, defend, protect and hold harmless the City of La Porte from liability, responsibility or losses arising from any and all incidents, accidents, or claims that may result from Y.M.C.A. conducted, sponsored or operated events to include but not be limited to; swim lessons, parties, and other events conducted at the Brookglen Park Pool. The City agrees to indemnify, defend, protect, and hold harmless the Y.M.C.A. from liability, responsibility, or loss arising out of any negligent act or omission or any willful wrongdoing on the part of the City or any agent or employee of the City. All salaries to be paid as a result of this contract shall include worker's compensation, social security, unemployment insurance and travel. The actual salaries shall be paid at the discretion of the Y.M.C.A. The Y.M.C.A. shall furnish to the City a certificate of insurance or other evidence showing property liability insurance coverage and worker's compensation insurance coverage for its staff for the duration of the contract. IV. This instrument contains the entire agreement between the parties relating to the rights granted in the contract and the obligations assumed as a part of the contract. Any representations or modifications concerning this contract shall have no force or effect unless modified in writing, and signed by each party to the agreement. V. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this contract shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this contract. The contract shall be in force from May, 1996 until August, 1996. IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have the effect of an original as follows: page 3 of 8