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HomeMy WebLinkAbout5.836 Original Contract 5. <J 5lfJ Scuba Instruction Pool Use Agreement THIS AGREEMENT is made and entered into this 17 day of April, 2007, by and between Gavin Wuttken, Peninsula College Scuba Instructor ("Instructor"), and the City of Port Angeles ("City"), a Washington Municipal Corporation, Program agreement is effective April 17, 2007 to December 21, 2008. In consideration of the mutual covenants and benefits contained herein, the parties acknowledge and consent to the following: 1. PURPOSE: The parties mutually desire to offer a Scuba Diving Instruction Program open to all citizens at the City's William Shore Memorial Swimming Pool. 2. OBLIGATIONS: 2.1 Instructor shall provide the following: a. Facility Use - Facility will be used on Sundays after 11 :00 a.m. until 1:00 p.m. b. Notification - Notify pool staff of any changes in instruction schedule at least two weeks prior to change. c. Facility Use Payment - 2007 Facility use fees: Instructor agrees to pay to the City $35.00 per hour for each session. - 2008 Facility Use Fees: Instructor agrees to pay to the City $40.00 per hour for each session. d. Supervision - Instructor shall provide adequate supervisory staff during facility use. e. Clean Up - Instructor shall provide for adequate clean up of locker room after facility use. f. Liability Insurance - To Provide General Liability insurance written on an occurrence basis with limits no less than $1,000,000 per claim, $2,000,000 aggregate for personal injury, bodily injury, and property damage. The City shall be named as an additional insured on the insurance policy, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. Instructor's insurance shall be primary insurance as respect the City and the City shall be given thirty (30) days prior written notice of any cancellations, suspension or material change in coverage. Failure to maintain acceptable insurance will result in the termination of this use agreement. I:\pool\Program Agreement-scuba mstructor.doc 1 g. Hold Harmless and Indemnification - The Instructor hereby agrees to indemnify, defend, and hold the City, its officers, agents and employees, harmless from any and all claims, damages, losses, and expenses, occurring, arising, resulting from, or occasioned by or to it any third property by reason (1) any acts or omissions on the part of the Instructor, agents, employees, or persons working directly or indirectly in the performance of the Instructor's duties under this agreement, (2) any intentional misconduct (including any dishonest, fraudulent, criminal, or malicious act or any act which is outside the scope of the services set forth in this contact). h. Emergency Procedures - Instructor shall follow all emergency procedures as defined in Attachment "~'. 1. Standards for Safety - Instructor shall abide by the standards and policIes for safety as defined in Attachment "B". J. Lifeguards - Instructor shall act as his own lifeguard during the above scheduled sessions. k. Instructors - All instructors contracted by Instructor to teach at the William Shore Memorial Pool will be held to the same requirements as Instructor, Gavin Wuttken, providing their own liability insurance, first aid kit, required certifications, ongoing education, and annual monitoring. 2.2 The City shall provide the following: a. Contact Person - The contact between the instructor and the William Shore Pool shall be the pool manager. b. Building Maintenance & Repair - Daily janitorial service, and pool maintenance. c. Lifeguard and Supervision - City will not provide lifeguards or supervisory personnel. 3.0 ENTIRE AGREEMENT. The terms and conditions written herein constitute the entire understanding between the parties. This Agreement shall not be modified or amended except by a writing executed by all parties hereto. 4.0 RELATIONSHIP OF PARTIES. Instructor is an independent contractor and not an agent or employee of the City. Instructor shall assume full responsibility of all federal, state, and local taxes and contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax withholding and shall not be entitled to the benefits provided by the City to its I:\pool\Program Agreement-scuba mstructor.doc 2 employees. Instructor agrees not to make any representation to any third party or to allow any third party to retain an impression that Peninsula College Scuba instructors are employees or agents of the City. 5.0 TERMINATION. This understanding may be terminated by either p arty if: 5.1 any party fails to fully comply with the scope of obligations as specified above within thirty (30) days of receiving written notice of their alleged failure, or 5.2 either party serves the other within ninety (90) days written notice of their intent to terminate. IN WITNESS WHEREOF, the undersigned have duly executed this Program Agreement on or about the /$ day of r~ '- , 2007. City of Port Angeles Recreation Division Instructor /tIdL-.+-dL Deputy Director 7 Gavin Wuttken, Scuba Instructor lCkson, Senior Assistant City Attorney Attest: b~~,~ Becky J. ton, City CI rk " , \ I:\pool\Program Agreement-scuba mstructor.doc 3 .' Attachment "A" PENNISULA COLLEGE SCUBA INSTRUCTION , Emergency Procedures At the Pool While SCUBA diving is very safe, having a plan in place in the unlikely event something happens improves the odds that the outcome will be a happy one. These procedures are part of that plan. As a SCUBA diver we always plan our dive and dive our plan. All students are responsible to understand and carry out these procedures in case of an emergency. Prior to the first pool session, practical training will be carried out on a water rescue. Ready- All students need to be ready for class, well rested, hydrated and focused on diving. Reading all homework assignments prior to class will make you a safer diver. Oxygen - where it is, how to carry it safely and the basic functions of its use if the instructor is unable to conduct rescue. Phone- where it is, calling 911 for help and the questions you will need to answer Access- providing directions and access for the professional responders to scene. In water rescue- surfacing an unconscious diver safely and towing them to the side of pool. Pool rules- understanding and following all safety rules posted at the Pool. Finally, no student is ever allowed in the water without the instructor present and granting permission. .' At.tachment "B" PENNISULA COLLEGE SCUBA INSTRUCTION , Standards and Policies for safety during confined water training. My first commitment is to the safety of my students. Through, skill demonstration, controlled practice time and evaluations. Students will slowly assume their own safety in the underwater world. Pool rules- All students will be taught the safety rules in place at the Pool. Outside doors will always be locked once class time has started. No student will ever be allowed in the water without me present and granting permission. Each student is screened through a Medical History form and required to be signed off by a doctor if any concerns are noted. No student is allowed to participate if they are sick. Each student on the first night in the pool will be evaluated for swimming and water survival skills. Students not passing are required to a take swimming class before being allowed to re-register for SCUBA training. Each student is responsible for the skills outlined on the "Emergency procedures" sheet included in their syllabus. Each student must know and respond to signals and sounds from myself underwater. No student is allowed to be in any part ofthe pool unless authorized by myself. Skills are learned in the shallow end of the pool, where standing up removes most of the stress. Once mastered, students are lead to the deep end to re-demonstrate the skill, again and again and again to me. When a student first performs a skill, I will be directly in front of them and ready to assist if needed. Visual supervision is mandatory in my class. As they master the skill, each time they perform it I step back a bit in distance, but never far enough that I can't assist if needed. " No student is ever allowed to practice offby themselves, if a student needs more time on a skill. I plan the session with extra time for that reason. Each of my regulators are equipped with an extra regulator to hand to anyone in need of alr. Each piece of SCUBA gear is added separa,tely in the teaching plan so the students get time to focus on each functional piece of gear. Lectures prior to each pool session cover the skills to be taught in the pool so students can read up on the skills and important elements. A close outline is followed were each skill IS building block towards other more complicated skill. An example would be "removing and replacing your regulator" is a step in the more complete "regulator recovery" skill where the regulator is tossed away and must be relocated and replaced in the mouth. lover teach all skills, NAUI (National Association of Underwater Instructors) sets which skills must be learned and what ratio's of student to instructor are needed. NAUI allows instructors to teach beyond those minimums. I allow for more pool time and require more skill performance than required by NAUI. My ratios of student to teacher are always below what is allowed. Ocean dIVes are even lower with ratios of 4/1. ~ '---- Before each pool session I spend time with each student, assessing their readiness for day's activities. Questions I ask center around: bed rest, food, water, mental status and completed reading for the day. After each dive, I follow up with questions about the day's activities and how they felt about them. This again provides time to asses the students and look for any SIgnS of illness. Through traming, I am well aware of signs of stress underwater, heavy breathing, big eyes or a transparent stare. Each situation requires a different approach, all of which I have trained for and seen over my many years in the diving professIOn. These SOP's along with years of my own intuition have served well. I have never had a diving accident or injury in my classes or in my profession as a Diving Safety Officer. I have though been mvolved in numerous rescues of other divers or swimmers where I have seen most of what the human species can possibly dream up to try to injury themselves. Sincerely, Gavin Wuttken DIve Instructor Peninsula College ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 7/6/2006 PRODUCER (252) 261-1903 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION First Flight Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1048 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4112 N. Croatan Highway Kitty Hawk, NC 27949 INSURERS AFFORDING COVERAGE NAIC# INSURED NAUI Worldwide & Gavin Wuttken INSURER A M J Harrington Syndicate 2000 at L10yds 1232 Tech Blvd INSURER B Tampa, FL 33619-7832 INSURER C INSURER D INSURER E XNWUTTK-01 SUSR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR N9,~r P~}.J.~~~~~ggm\E Pgk!fl(~~~~N LTR POLICY NUMBER LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY ~~~~~H?E~~~~~~nce\ $ I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ ~'L AGG~EnE LIMIT APnS PER PRODUCTS - COMP/OP AGG $ POLICY ~~,9,: LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea aCCIdent) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ OESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU.] 10TH. TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ If yes, describe under E L DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER A NAUI - Professional Liability SA00336 6/30/2006 6/30/2007 $1.000,000 per claim made $2,000,000 a99. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Level of Coverage - Instructor CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Gavin Wuttken -18219 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1L- DAYS WRITTEN 685 Little Loop Drive Port Angeles, WA 98362- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ~; ~~7~.~~<:;--_ r.::\ A "",.u', "'''CnI'''\DATII''\''' 04noo , ' ... IV, EVENT Event means an accident which occurs while the daimant or daimant's decedent is in the water, entering the water, exiting the water, preparing to enter the water in connection with recreational underwater swimming instruction or supervision, including Scuba (self-contained underwater breathing apparatus) and snorkeling. It also means an accident occurring on land or in a dassroom during the instruction or supervision. v. INSURED Each of the fo/lowing in an Insured under this insurance to the extent set forth below: A. The named insured shall be the organization stated in the dedarations of the policy; and B. Anyone to whom a certificate of insurance had been issued under this policy; C. Any additional insured named by endorsement or certificate to this policy. It is hereby understood and agreed that this policy is extended to indude the interest of additional insureds, solely, however, with respect to their interest in activities conducted by the named insured or certificate holder hereunder, but shall not operate to increase the limit of liability hereunder. D. The following are automatically an additional insured: 1. Retail Dive Business, induding owners or partners 2. Educational Institutions, Certifying Agency, Dive Trade Organizations 3. Governmental Agency or Municipality 4. Swimming Pools or Water Facilities, induding owners or partners 5. Dive Boat Operators, induding owners or partners 6. Resort, Hotel, or Motel This additional insured protection shall in all cases be limited in scope to apply only to the regular operations of the named insured of certificate holder arising out of his or her supervision of, instruction in, and orientation to sanctioned aquatic activities. VI. PROFESSIONAL SERVICES Professional Services means the instruction or supervision of recreational swimming, sn<rteling, skin diving or scuba diving all being sanctioned aquatic activities provided by the Insured in hislher capacity as a certified swim instructor, skin diving leader, divemaster, dive control specialists (divecon), assistant instrudor, scuba ranger, or active/sustaining/retired instrudor VII. PROPERTY DAMAGE Property Damage means physical injury to tangible property, induding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it 3 HAW - Pohey Wordmg ProjessTOllal Lruh/hl)'