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Home My WebLink About5.561 Original Contract LEGAL DEP ARTMENT William E. Bloor City Attorney [4531 ] Dennis Dickson Sr. Assistant City Attorney [4532] Heidi L. Greenwood Assistant City Attorney [4562] Diana Lusby Legal Administrative Assistant [4530] Jeanie DeFrang Legal Administrative Assistant [4530] Randi Felton Legal Records Specialist [4576] 5. Slo' ~'...)O'.. 'R.r~.T~. N' fG' '.E.:I.r'l'.'.E.i.I'S' I J~/ .}J I. . J.. Y '. I ).' ILl .1. J ~' ! V _._.__.1 .. I ..' t WAS H I N G TON, U. S. A. DATE: December 29,2008 To: Jerald L. Osterman, Interim City Manager FROM: Dennis C. Dickson, Senior Assistant City Attorney RE: Agreement with Port Angeles Swim Club for Use of Pool Attached please find duplicate originals of an Agreement with Port Angeles Swim Club for Use of William Shore Memorial Pool. It has been signed by Tracy Moore, President of the Swim Club, and is now ready for your signature. Please sign and date, as indicated, and forward to Clerk Upton. I have reviewed the insurance provisions of the Agreement and it is satisfactory. The contract language was modified in accord with our meeting. One fully executed original should be forwarded to Tracy Moore at Clallam Title Company, 204 S. Lincoln, Port Angeles, W A 98362. Please provide a copy of the Agreement to the Legal Department, and a copy to Richard Bonine in the Recreation Division. ~~~ Dennis c. Dickson, Senior Assistant City Attorney Attachments cc: V-- Becky J. Upton, City Clerk Glenn A. Cutler, Director of Public Works & Utilities DCD:dl G:ILEGAL\MEMOS\'\IEMOS.2008\Swim Club Agml.l22908.0sterman.wpd 5. SiD I CITY OF PORT ANGELES and PORT ANGELES SWIM CLUB AGREEMENT FOR USE OF WILLIAM SHORE MEMORIAL POOL THIS AGREEMENT is entered into this l,,+1..day Ortl'''1Jr1\ , 2008 by and between the CITY OF PORT ANGELES ("City") and the Port Angeles Swim Club, a non-profit corporation of the State of Washington, ("Swim Club"). IN CONSIDERATION OF the mutual promises and obligations contained herein, it is hereby agreed as follows: 1. POOLIFACILITY USE. The City hereby agrees to allow use of William Shore Memorial Pool ("Pool') by the Swim Club under the terms and conditions contained herein. The Swim Club hereby agrees to use the Pool in accordance with the rules and regulations established by the City. 2. TERM. This agreement shall become effective on the 1st day of January 2009 and shall continue to August 31, 2009. If sufficient funds are not appropriated or allocated to continue operation of the pool this contract may be terminated without liability, penalty, or expense to the City. In addition, either party may declare the agreement to be terminated if the other party is in breach of any term or condition of this agreement or violation of any rule regarding use or operation of the pool and fails to correct or cure such breach or violation within 10 days after written notice of such breach or violation is given to the party. This agreement shall terminate 30 days after such notice is given. 3. FEES. Fees shall be paid by Swim Club as provided in Exhibit "A" (Fee Schedule), attached hereto and incorporated herein by this reference. 4. SCHEDULE FOR USAGE OF POOLIFACILITY. The Swim Club shall have full access to the pool, locker rooms, kickboards and other areas/spaces as provided in the schedule set forth in Exhibit "B". The Schedule set forth in Exhibit "B" (Pool Usage Plan) shall be reviewed by both parties and may be modified by the City as required to meet pool use demands. The Swim Club coach shall contact pool supervisory staff daily as to the availability of additional lanes and other pool space usage. The Swim Club shall provide the City with a list of swim meets for the current year by January 1 st of each year. (Exhibit "C") 5. CANCELLATION OF POOL TIME. Swim Club shall not be charged for any fees if the City cancels pool time. Except in case of an emergency or unplanned closure of the pool, the City agrees to notify Swim Club within a minimum of30 calendar days via written notification if the pool will be closed. Swim Club shall provide written notice to the William Shore Pool supervisory staff within 5 days of any proposed cancellation dates, the Swim Club shall not be required to pay fees for such canceled time. Failure to provide written notice for said pool time period will result in full payment of fees. 6. DAMAGE. After usage of the facility and/or equipment by the Swim Club, the facility and or equipment used shall be returned to the same or better condition then existed prior to such usage. In the event that damage to the facility and lor equipment is caused by Swim Club's use of the facility and/or equipment, Swim Club shall reimburse the city for the costs to r~pair the damage. 7. COACHING CERTIFICATION All coaches for the Swim Club shall possess current certification in First Aid/CPR and Coaches Water Safety Training from American Red Cross. Additionally, all coaches shall have current certification from PNS, Pacific Northwest Swimming. Copies of current certification cards from each coach shall be supplied to William Shore Pool Staff. 8. INDEMNIFY. Swim Club agrees to defend, indemnify and hold harmless the City and its officials, employees and agents from any damage, claim or lawsuit arising from or related to the use of the Pool under this agreement, except for injuries or damages caused by the sole negligence of the City. . 9. INSURANCE REQUIREMENTS. Upon execution of this agreement and before using the Pool, the Swim Club shall supply a copy of its Certificate of Insurance, which shall document general liability insurance coverage of $1,000,000 for each occurrence and $2,000,000 in the aggregate for all insured, including coverage for participant liability of not less than $1,000,000 for each occurrence. The City shall be named as additional insured by endorsement. Such insurance must be maintained during the J term of this agreeme~t with copies of 2 the renewal certificate submitted to the City at time of such renewal. By January 1 st of each year, insurance requirements shall be reviewed by the City and may be modified. Additionally, the Swim Club shall maintain and keep in force and affect its membership with United States Swimming, Inc., the national sanctioning. body, thereby keeping the United States Swimming, Inc. insurance policy in force and effect as required in this paragraph. 10. CONDITIONS OF USE. Swim Club shall comply with all pool/facility rules as defined in Exhibit "D" attached hereto and incorporated herein by this reference. Except as provided in Paragraph 8, the Swim Club also agrees and acknowledges that the use of the pool and all of its facilities, pursuantto this Agreement, is at the Swim Club's own risk. The Swim Club shall provide for adequate locker room supervision. The Swim Club specifically acknowledges that diving is prohibited except in the diving tank area or when using the starting blocks in accordance with appropriate progressive training and accepts all risks and responsibility for diving activity. 11. ENTIRE AGREEMENT. The parties hereto agree that this agreement contains the entire agreement entered into between the parties and that no other understanding, verbal agreements, or other terms exist other than as provided herein. 12. SPECIAL EVENTS The Swim Club will continue to provide management of special events, such as Senior Games (swimming events) and Port Angeles High School meets. 13. AMENDMENTS. The parties hereto agree that any amendments to this agreement will be in writing and mutually agreed upon by both parties. 14. ASSIGNMENT. Swim Club shall not assign this agreement without the express written consent of the City. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the date first above written. 3 CITY OF PORT ANGELES BY:~ r. O~--. J Name: Jerald L. Ostennan PORT ANGELES SWIM CLUB By: ~cYt1lOZe_ Name:'T~L. fI1()Of~ Title:11./~ Pm6 Title: Interim City Manager Attest: 60 ~ ie.~ Lwtl> A. Becky 1. U n, Ity CIeri ,fiu';( Mj ~ G:\Legal_ BackupIAGREEMENTS&CONTRACTS\2008 Agmts&ContractslPool Use.SwimClub.122208.rtf .< ~. -. "- '\ '>. ',\ '. 4 ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (1IIIitlll/TY) 12/19/08 PltOOUCfR 1-000-000-0000 THIS CERTlRCATE IS ISSUED AS A MATTER OF INFORMATION lli..1t bn..aqaaan t Service.. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE P.o. Box 3~71~ HOLDER. THIS CERTlRCATE DOES NOT AMEND. EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , PDoenix. AZ 85064-2712 I INSURERS AFFORDING COVERAGE infoetheri.kpeople.eoa I IliBIJRED -I INSURER A:. Lexington IOlluraoce Company POR'I AlI'QJlLJ:S SWIll CLUlI - USA Swi..unq etal Iocl Locel Swiamioq C~ttee. I INSURER B: IIlutl1a1 of oaaha Inaurance Coapany S CO'I'l' .x1Il.B I INSURER c: PO BOX 1056 ! INSURER 0: PORT AlllGBI.I!:S, lQ 9B36~-0179 , I INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BElOW HAVE BEEN ISSUED TO THE INSURED NAJ.lED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING I ANY REOUIREMENT, TERM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS a:fITIFlCATE MAY BE ISSUED OR I MAY PEfITAlN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.. THE TERI.lS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID a.AJ1.lS. ~~I TYPE OF IIISURA)jCE I poucy IlUUBEIl. POLICY EFfECTM! POLICY EXPIRATlON llllITS . ~'~~ Oll-UH 01/01/09 01/01/10 EACH OCCURRENCE 52,000.000 I I I X COMMERCIAl GENERAL UABlllTY I ARE DAMAGE IMY onefl,.) Is 100,000 I I I C1.AJIojS MADE 0 c:x:aJ R I MED EX? (AIr>( one 1""1lOO) S BXCLl7D1II I ~particiPant Laga1 I I PERSONAl. & M:N INJURY 51,000,000 -1 X Liability Included I GENERAl... AGGREGATE 54,000,000 ~'l AGGI1EGATE LIMIT APF~t f't:R: I PRODUCTS. COMP,op AGG S 2,000,000 I I X POI.JCV n ~~ lOC I I I ~OMOlIIlE llABllrTY COMBINED Slf'lGlE UMIT t.---~ AH'fAllTO (Ea accklonl) r- AU. O_ED AUTOS BOOll Y NJURY r-- SCHEOlILED AUTOS (F'll, pettIOn) r-- r- HIRED AUTOS BOOIlYNJURY (Per accklonl) S NQf'lOWNED AUTOS r-- r-- PflOPERTY DAMAGE $ (Por lICCkWl) GARAGE UABllrTY I I I AUTO ONLY. EA ACCIDENT Is R-/lJIYAllTO CJTH61lHAN EA ACe S AUTO OHl Y: AGG S R-_m ~ OCCURRENCE S OCCUR D ClAIIoIS lAADE AGGf1EGA TE S 5 DEDUCTIBlE Is RETEIffiON S I Is WORKERS CCltIPEH&ATlOIl AHD IT~~~W..I iU:~-1 EIIPlOYER8' LIAlIILJrf EL EACH ACeIOENT Is E.L DISEASE. EA EMPLOYEe 5 E.L DISEASe - POUCV UM/T I s lomR I I IbU.".. B XB Ace XED/DIDI'IAL 'l'SIIPSP35054 01/01/09 01/01/10 125,000 I 1 , DEBCJlIPTlON OF OPERA TlON8It.OCA TlONllNEMIC ~ LUlIIOHlI ADDED BYE ~"E IITIV lClIU. P!lO't'TSlOtm Verification of General/Xxce... Liability for ~UllKD ~C!IV1TII8 per attached. Toe Cartificate Bolder ill inc1l1d..! all ~dditional IOlll1red par attachad ADOITIOK1L IYSURXD ZBDOR&I!:MXVT BPPKCTIVB CXllTIPIClTS 18SOI D~TI!:. CERTIFICATE HOLDER I y I AOOmolCAL INSURED: INSURER LITTEll.; J. CAHCELLA TION lIHOUUI AKfOF TME AIIOYE DESCRIBED POLJCIElIBE CAIICI;LlEO BEfORE TllE EXPlll.ATlOOl William Shore Mamorial Pool DATE TllEREOF. THE ISlIUltG l/auRER Will rJ.11X~N'IiIAL ~ DAYlI _mllN City of Port Angel... NCITlCE TO TllE CEKTlFICATE HOulER NAMED TO TllE LEFT. ~Yll-Y1ll>"'~!#.tly Jayna L.fferty .......W ...~~YIQI1OPO'Y--..~~'UlllO'O~--uJItX 225 K 5tD Stre..t "(U!NtI~'TTTYTYYYYYYmmTTTTYYYYYYYTTYTYYYXXY'(XXXXXJU Port Angela.. lO. 98362 AIITHORg:EDREPRESENTATlVE Q ~. ~ OSA ~ --~~ '(j' ' . I ACORD 25-5 (71'97) P21-PUC 10613S2l <il ACORD CORPORATION 1988 A TT ACHMENT TO USA SWIMMING CERTIFICATE POLICY NUMBER: 011-2834 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES TIlE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL L'iSUREDS - BLANKET OWNERS A..~l>/OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy # 1638683 is amended to include as an additional insured any person or organization of the types designated below and as evidence by a Certificate of Insuranee issued for you by us or on our behalf, but only with respect to liability arising out of your operations: l. Owners and/or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: A. This insurance applies only to an occurrence which takes place while you are occupying in the premises; B. This insurance does not apply to Bodily Injury or Property Damage resulting from structural alterations, new construction or demolition operations perfonned by or on behalf of the owner and/or lessor of the premises; c. This insurance does not apply to any design defect or structural maintenance of the premises by or on behalf of the owner and/or lessor. D. With respect to any "Additional Insured" included under the policy by this endorsement, this insurance does not apply to the negligence of such Additional Insured. Effective Date: The effective date of this endorsement shall be the issue date of the certificate to which it is attached A TT ACHMENT TO USA SWIMMING CERTIFICATE ADDITIONAL NAMED INSUREDS: I. United States Swimming, Inc. Member Clubs for Insured Activities. (Please Note: Member Clubs must be in good standing, which means that all athletes and all coaches must be United States Swimming members.) 2. Any Member of United States Swimming, Inc., or volunteer, while acting on behalf of and with the approval of the Board of Directors of United States Swimming, Inc. DEFINITIONS: I. United States Swimming, Inc. Member Clubs are clubs that are members in good standing with United States Swimming, Inc. and whose athletes and coaches are members of United States Swimming, Inc. 2. Sanction as defined by United States Swimming, Inc. Rules and Regulations. 3. Approved Meet as defined by United States Swimming, Inc. Rules and Regulations. INSURED ACfIVITIES: A. Swimming events where a United States Swimming, Inc. Sanction has been issued. B. United States Swimming, Inc. Approved Meets. c. Swimming practices where all participating athletes and coaches are members of United States Swimming. Must be held under the sole and direct supervision of United States Swimming, Inc. Member Coaches. (including dry land training such as weightlifting.) D. Swimming tryouts under the sole and direct supervision of United States Swimming, Inc. Member Club Coaches. May not last for a period of more than thirty (30) consecutive calendar days in a 12-month period, for any individual. E. Learn to Swim Program where all participating athletes and coaches are members of United States Swimming, Inc. Must be held under the sole and direct supervision of United States Swimming, Inc. Member Coaches. F. United States Swimming, Inc. contracted Swim-A-Thons. G. United States Swimming, Inc. approved social events where alcoholic beverages are not sold. H. United States Swimming, Inc. approved fund raising activities. POUCY NUMBER: 011-2834 COMMEROAL GENERAL LIABIUTY CG 20 10 03 97 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTIY COVERAGE PART SCHEDULE Name of Person or Organization: WiHiam Shore Memorial Pool, City of Port Angeles 225 E 5th St Port Angeles, W A 98362 (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 03 97 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1996 , EXHIBIT "A" SWIM CLUB FEE SCHEDULE Fee S(JMd~: Prac:t1c1l Sessions: $30.001hr. Rate includes up to five (5) lanes, dive well, and lifeguards. Swbn Mtea: S46.001hr. Rate includes llCrt-up IUl.d ta1ce-downWno for a meet, a llfeguard(s), supcrvl.sor, and clean-up of the locker room following a meet. Note: Fees shall be reviewed, and may be revised, on an annual basis. Swim Club shall be invoiced monthly for fees based on actual hours of use. . . O:\BXCHANOE\AITORNBY'Swlm Club Pea Sahedulo 12-2006.doo ~~ ......... ....., -.-.--.--...-.... -.......---..-..--...-.--- ..-..---........--...-.---...,.. ,.. --....-.- ;.- ~;' , . .' Bxhibit "B" , . . Dq anirt!..:;.nil:ohh~Acli.~~liurtultilln"ov &Il 31117 31 '.f" .- '. ..:..~_: ~- . '.. ' ~ . . . .1 I I . I : I Port I\ilcolu 1 /lwIIol C1u I' . I I 1 .1 I I I 'M .-..... wima.. SlID... ~l'&lM ~ . . 4 3: I . '..r . .Port Al!&11a. him Club ..' ." f : ,..\ 1. The day after the end of the academic instruction year to July 31 from 3:30 p.m.- 5 :30 p.m. If pool staff is not using lanes P ASC may use additional lanes, dive well, or training areas. \ \ I . " , I, Exhibit B 1/ Tl1'r!Z I1W'f!8: I:Jo-t:09 PM MoW'd I ,I I. I 1htta.t.o...1UI I LIA c......... . I ~~rlk'a~ ". .. w~ . I I I ! 1 . .. "i ~'. 5 "~' 4~' . . I . . . 3 .,', , . ' .t. ,: P~" AB&lll. SlrtroI ~ ~ ! SW!IftLojllO t~ W.~t WSJ ....; lIwln'.~..... ~ttD i ~ 1 1 From 5:30PM. 6:00PM PASC w~ll have use of41anes. Ifpool staff Is not using lanes P ASC may use addit1onallanes. . , .d:~1 . 'I! . . ...~ . t . . ", , 2 From 6:00PM-7:00PM M,W,FPASCwill have use of either the diveweti or .' training ~"as of the pool plus S lanes, If pool staff is not using lancs P ASC may usa additional lanes, dive welI, or training areas. 3 From 6:00PM-7:00PM T,mpASC wIll have use of 5 lanes. IfpooI staff is not using lanes PAS C ma.y uso additional lanes, dive well, or training areas. , '. " , " "Exhibit B) - -.... '1'IM.rl1W/Ut 6100.7100.PM II~Q~ I I I I 8wllII Lon.,... I I.lllIallA'lb\& I ""10&",.1 I I wsr I I I I , .~.~~ P,d N'C11u s...tIl <:Illll 'hIIIIL_ 1OOml1T D' 1 From 5:30PM. 6:00PM PASC will havo use of41anes. Ifpool staffis not using lanos P ASC may use additiona1lllIleB. 2 ,Fl"Om 6:00PM.7:00PM M,W.F PASC will havouso ofcithertbo dive well or training areas of tho pool plus Slanes. If pool sWTis not using lanes PASC may use ndditionallanes, dive woll, or training areas. 3 From 6:00PM-7:00PM T,1HPASCwillhaveusoofS lanes. Ifpoolataft'isnot using lanes P ASC may use additiona.llancs, dive well, or training areas. ',. :,.. ..... . '. EXHIBIT "C" List .ofSwjm Club Meets . . , ., o FC:"~(U.(),("\ QhILHw~e-. ~e~+ . . .. . .. . J ~k?vL("'2J · 1 -r 8 I ZDo9 2-) MLlJN1 G; t{nci Pc: vr+a-+h /0 r1 : rt1ct((ih.Z,; I, 2,t/o f ,"I' I , ;. I \poollSwlm Club U5e Agreement DOC '. " . \ ; I' 'E:xH1BlT "D" :POOL.FACILITY RULES Locker room use: Swim Club members will enter locker rooms no earlier than fifteen '(15) minutes "cfore their designated swim tima and they will exit the locker rooms within fifteen (15) lDinutes of.tlie end of designated swii.n time. Swim. Club members will use only th~:last'~o;b;~che,,' f'~~ their'swimequipl1lent'aud'cme sh9wef:tree;~or ,showo1's' (womensJsouth-roenslnorth), ,during designat~ pool uso'time. Proper'~e~vioriB ~~ -- require4 during use of facility; , ., ' . , . . Sup~rvUloJ1:'Sw~,ClUb shall provIde locker room supervision for club swimmers. during the times. set forth for designated locker robm use. A coach meeting aU requirements set forth must be on deck within the fence boundary at all times durinQ I. ",' ... . . ,desipted swim Ume. : :' " Shower.,': . Club n1C;n:1b~ will take, ilhoWCl1l iri1m~diately preeoqng entering the pool. Equipment: . KIck Boa;dS: Proper use of boards is req~ll'ed. TIlero will be no throWing, submerging..'~ta?-ding on or hitting the bollIds on things such as tho wall ~r the water. . 'lUbes: TlJ.bes vyill only be ueed provided tubo rental fee hIlS been paid. '. ,,1 ": -I; I .' <, Divmg: There y.'ill be no diving except in, the diving tank and off the 'starting blocks provided proper'progte68ive training rocommended by Washington State Dopartment of Health and supervision is provided. PooU~.ille.s: . Swim' Club m~bers must obey all pool rules. Included in tl1ese aro:' . .' I . .: No Running' No l'ushing N~ '~P.It~Jig': No Sauns use No DNfng in shallow water DIsplay Case: The display case w,ll:1 bomaintniuod on a montW.y schedulo (dusted ~ glass doofscleanod.: au.tdateomat~da1 removed) by,the Port Angelea Swini Chili. The Swim Club mayaUow tho dispJay-oase t~bo used by William Shore Poolj pool staff.will :be responsible for maintenanee ofthe.oase at~ch times. 1.\pool\SWlm Club Uso AgCWIont DOC ',. :'\ " , " ~. 5. St.f; I -3 WILLIAM SHORE POOL USE AGREEMENT THIS AGREEMENT is entered into this 2.. (p +h day of M~I2.C.H by and between the CITY OF PORT ANGELES ("City") and The Port Angeles Swim Club, a non-profit corporation of the State of Washington, ("Swim Club"). IN CONSIDERATION OF the mutual promises and obligations contained herein, it is hereby agreed as follows: 1. POOLIFACILITY USE. The City hereby agrees to allow usage of the William Shore Pool ("Pool") by the Swim Club under the terms and conditions contained herein. The Swim Club, hereby agrees to use the Pool in accordance with the rules and regulations established by the City's Parks & Recreation Department. 2. TERM. This agreement shall commence on the 1 st day of April, 2003 and shall terminate on March 31 st , 2004, subject to the right of either party to terminate this agreement with written notice provided to the other not less than 120 days prior to termination. 3. FEES. a. Fees shall be paid by the Swim Club as provided in Exhibit "A" (Competitive Teams Fee Schedule), attached hereto and incorporated herein by this reference. b. By July 1 st of each year fees shall be reviewed by the City and may be modified by the City as required to meet pool budget costs. 4. SCHEDULE FOR USAGE OF POOLIFACILITY. a. The Swim Club shall have full access to the pool, locker rooms, required equipment and other areas/spaces as provided in the schedule set forth in Exhibit "B" (Competitive Teams Training and Meet Schedule), attached hereto and incorporated herein by this reference. b. The schedule set forth in Exhibit "B" shall be reviewed by both parties by July 1 st of each year and may be modified by the City as required to meet pool use demands. 5. CANCELLATION OF POOL TIME. a. Provided written notice is given to the City within 10 days of any proposed cancellation dates, the Swim Club shall not be required to pay fees for such canceled time. Failure to provide written notice within said time period, or unreasonable and repeated cancellations of pool time, will result in full payment of fees. b. The Swim Club shall not be charged for any fees if pool time is canceled by the City. The City further agrees to notify the Swim Club with a minimum 30 day written notification if the pool will be closed, except in the case of an emergency which will negate the written notice requirement. 6. DAMAGE. After usage of the facility by the Swim Club, the pool and other areas used shall be returned to the same or similar condition that existed prior to such usage. In the event that damage to the facility is caused during the Swim Club's use of the facility, the City shall provide documentation of such damage and bill the Swim Club appropriate1 y. 7. COACHING CERTIFICATION. All coaches for the Swim Club shall possess current certification in First Aid /CPR and Coaches Water Safety Training from American Red Cross. Additionally, all coaches shall have current certification from PNS, Pacific Northwest Swimming. Copies of certification cards from each coach shall be supplied to the Parks & Recreation Department. 8. INDEMNITY. The Swim Club agrees to defend, indemnify and hold harmless the City of Port Angeles and its officials, employees and agents from any damage claim or lawsuit for injury, illness, damage or other loss related to the use of the Pool under this agreement, except for injuries or damages caused by the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Upon execution of this agreement and before using the Pool, the Swim Club shall supply a copy of its Certificate of Insurance, which shall document genera11iabi1ity insurance coverage of$l,OOO,OOO for each occurrence and $2,000,000 in the aggregate for all insured, including coverage for participant liability of not less than $1,000,000 for each occurrence. The City shall be named as an additional insured by endorsement. Such insurance must be maintained during the term of this agreement with copies of the renewal certificate submitted to the City at time of such renewal. Additionally, the Swim Club shall maintain and keep in force and effect its membership with United States Swimming Inc. the national sanctioning body, thereby keeping the United States Swimming Inc. insurance policy in force and effect as required in this paragraph. 10. CONDITIONS OF USE. The Swim Club shall comply with all pool/facility rules as defined in Exhibit "C" attached hereto and incorporated herein by this reference. Except as provided in paragraph 8, the Swim Club also agrees and acknowledges that the use of the Pool and all of its facilities, pursuant to this Agreement, is at the Swim Club's own risk. The Swim Club shall make every effort to take steps in their club policies to provide control measures for locker room supervision. The Swim Club specifically acknowledges that diving is prohibited except in the diving tank area or when using the starting blocks in accordance with appropriate progressive training and accepts all risks and responsibility for diving activity. 11. ENTIRE AGREEMENT. The parties hereto agree that this agreement contains the entire agreement entered into between the parties and that no other understanding, verbal agreements, or other terms exist other than as provided herein. 12. AMENDMENTS. The parties hereto agree that any amendments to this agreement will be in writing and mutually agreed upon by both parties. 13. TERMINATION FOR CAUSE If either party shall willfully violate any of the terms and conditions contained herein, such willful violation shall entitle the other party to terminate this agreement, provided that the party desiring to terminate for cause shall give the other party at least 30 days written notice specifying the particulars of any contract violation, and if at the end of such time, the party notified has not removed the cause of the complaint or remedied the purported violation, then termination of this agreement shall be deemed complete. 14. ASSIGNMENT. The Swim Club shall not assign this agreement without the express written consent of the City. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the date first above written. CITY OF PORT ANGELES By: Name -do....1 aLe Date 3 /' c2 t - C!..J Title 12. ~ r ru_ \-,' &"1 S ~ JL 'c .e..l /Y!AAQc5'P\... PORT ANGELES SWIM CLUB ::~ea~~ Title ~~\ ut:::>>....i\ Date:~ t1 ,() ~ ~ Approved A~o Form CITY ATTORNEY EXHIBIT" A" FEE SCHEDULE Fee Schedule: Competitive swim andlor diving clubs shall be charged an hourly rate for life guarding services as set forth below. Life Guard $7.21/hr to 8.97/hr. (Depending on life guard on duty) Plus 10% for FICA & MEDTX Supervisor Between $10.82/hr and $20.62/hr (Depending on supervisor on duty) Plus 28% for benefits Payment for services shall be paid monthly based on actual hours of use. USE OF COPIER Swim Club will have use of Swimming Pool Copier during practice times and swim meets. Swim Club will provide their own paper and will pay 1/3 of all charges for copier maintenance and supplies. EXHIBIT "B" COMPETITIVE TEAMlPHYSICAL EDUCATION /CLUB TRAINING Pool practice/trainine: schedule It is understood and agreed that there will be shared time with the William Shore Pool Winter/Fall and Spring Lesson Programs between the hours of 4:00 pm to 4:30 pm for High School, and 5:30 pm to 6:00 pm for Swim Club & Dive Club. ~ ~~. ~':llc; 5:30 pm - 7:00 pm Mon - Fri 5:30 pm -7:00 pm M-W-F 3:00 pm - 4:00 pm Mon - Fri 5:30 pm - 7:00 pm Mon - Fri 5:30 pm - 7:00pm M-W-F June - August 3:30 pm - 5:30 pm Mon - Fri Diving 3:30 pm - 5:30 pm M-W-F Note: On Tuesday & Thursday any available lanes would be made available to the P ASC pool sharing until 6:00 p.m. "~ Rort Ang' eles.ll~wilW'ming'.' &iBiMing CIa5ss&+":":.. '. :l?);: . .~1' ..: N vv h /J~>> >> >><.'0-...-...-.... ",,,,-,,,-,,,"-.-..""""''0~J#pjVJ During High School Season September - February Diving After High School Season March - June Diving Summer Season )>ort A~'I~s'Hig~Smool Boys &;~i~llsl1ilW'{i!~!im ~~ ;&. ,:;.'>;>\, ~..~." Girls Season Se tember - November 3:00 pm- 4:30 pm Mon. - Fri. November - Februa 3:00 m- 4:30 Mon. - Fri. )>ort 4pgeles Him schoofm~ical Ed:U:~itii~~e~4&lJ&~"i/ ,.. ~/.J Morning PE Classes September - June 7:45 am - 8:45 am 8:50 am - 9:20 am Mon. - Fri. Wed. Special Needs PE classes September - June Connections PE classes September - June Choice Morning Aerobics Se tember - June 12:50 pm - I :30 pm Mon. - Fri. I :30 pm - 2:30 pm Tues. - Thurs. 6:55 am - 7:45 am M- W-F Pool Meet Schedule ~""iJ! ///-0"-<'...../~ <<,,~, /~" 'PoR~jf~ngeJ~Swm..,!f:lub .;;l~. NiiA Swim Club meet dates are subject to change. Tentative schedule is as follows: Champs Meet Divisional January 10 & 112004 Other meets may become available and are permitted provided the pool is available and there are no other scheduling conflicts. Port~geleU:ig~~cn;.ol BgMl.& Girls S,!!ll!l Team ,,- '''-:: High School swim meet dates for boys and girls are established by the North Olympic League schedule which start with the beginning of the current school year, typically girls in September and boys in November. Meet dates are subject to change. High School meets have priority over all other swim programs and shall be coordinated with pool staff in order to accommodate their needs. When rescheduling meets, all efforts shall be made to avoid disru tion of the swim lesson program. .I I .. - - ACORDTtf CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYY) 02/26/03 PRODUCER 1-800-777-4930 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 32712 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix, AZ 85064-2712 INSURERS AFFORDING COVERAGE INSURED INSURER A Lexinaton Insurance Crnlmanv PORT ANGELES SWIM CLUB USA swimming eta1 Incl Local Swimming Committees INSURER B Mutual of Omaha Insurance Campany PETE VAN ROSSEN INSURER C PO BOX 1056 PORT ANGELES, WA 98362 INSURER D I INSURER E 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 I~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LlABlUlY 0379401 12/31/02 12/31/03 EACH OCCURRENCE $ 2,000,000 X OMERCIAL GENERAL L1ABILllY FIRE DAMAGE (Anyone fire) $100,000 I--- CLAIMS MADE 0 OCCUR I--- MED EXP (Anyone pen;on) $ EXCLUDED X Participant Legal PERSONAL & ADV INJURY $ 1,000,000 ~ Liability Included GENERAL AGGREGATE $ 4,000,000 n'L AG~EnE LIMIT APnS PER PRODUCTS.COM~OPAGG $ 2,000,000 POLICY ~~R;: LaC ~TOMOBILE LIABILllY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) I-- I--- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per pen;on) I-- I-- HIRED AUTOS BODILY INJURY $ NON.OWNED AUTOS (Per aCCident) I--- PROPERlY DAMAGE $ (Per aCCident) ~GE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ A EXCESS LIABILllY 2295517 12/31/02 12/31/03 EACH OCCURRENCE $ 3,000,000 ~-OCCUR D CLAIMS MADE AGGREGATE $ 8,000,000 $ =1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND T _~9..~mT.\!.:. T TOJ~. EMPLOYERS' LIABILITY E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ OTHER B XS ACC MEn/DENTAL AD & D T5MPSP35054 01/01/03 01/01/04 Maximum 25,000 DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Verification of General/Excess Liability for INSURED ACTIVITIES per attached. The Certificate Holder is included as Additional Insured per attached ADDITIONAL INSURED ENDORSEMENT EFFECTIVE CERTIFICATE ISSUE DATE. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION William Shore Memorial Pool DATE THEREOF, THE ISSUING INSURER WILL eNiIX~MAIL 30 DAYS WRITTEN City of Port Angeles NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~ SHALL Barb Oliver 225 E 5th Street Port Angeles, WA 98362 AUTHORIZED REPRESENTATIVE ~~"'" O. ~ I USA ACORD 25-S (7/97) PN-PASC 970534 CiACORD CORPORATION 1988 ATTACHMENT TO USA SWIMMING CERTIFICATE POLICY NUMBER: COMMERCIAL GENERAL LIABILITY TillS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE FULL Y. ADDITIONAL INSUREDS - BLANKET OWNERS AND/OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The policy is amended to include as an additional insured any person or organization of the types designated below and as evidence by a Certificate of Insurance issued for you by us or on our behalf, but only with respect to liability arising out of your operations: 1. Owners and/or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: A. This insurance applies only to an occurrence which takes place while you are occupying the premises; B. This insurance does not apply to Bodily Injury or Property Damage resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and/or lessor ofthe premises; c. This insurance does not apply to any design defect or structural maintenance of the premises by or on behalf of the owner and/or lessor. With respect to any "Additional Insured" included under the policy by this endorsement, this insurance does not apply to the sole negligence of such "Additional Insured". Effective Date: The effective date of this endorsement shall be the issue date of the certificate to which it is attached. , , ATTACHMENT TO USA SWIMMING CERTIFICATE ADDITIONAL NAMED INSUREDS: 1. United States Swimming, Inc. Member Clubs for Insured Activities. (Please Note: Member Clubs must be in good standing, which means that all athletes and all coaches must be United States Swimming members.) 2. Any Member of United States Swimming, Inc., or volunteer, while acting on behalf of and with the approval ofthe Board of Directors of United States Swimming, Inc. DEFINITIONS: 1. United States Swimming, Inc. Member Clubs are clubs that are members in good standing with United States Swimming, Inc. and whose athletes and coaches are members of United States Swimming, Inc. 2. Sanction as defined by United States Swimming, Inc Rules and Regulations. 3. Approved Meet as defined by United States Swimming, Inc Rules and Regulations. INSURED ACTIVITIES: A. Swimming events where a United States Swimming, Inc. Sanction has been issued. B. United States Swimming, Inc. Approved Meets. C. Swimming practices where all participating athletes and coaches are members of United States Swimming. Must be held under the sole and direct supervision of United States Swimming, Inc. Member Coaches. D. Swimming tryouts under the sole and direct supervision of United States Swimming, Inc. Member Club Coaches. May not last for a period of more than thirty (30) consecutive calendar days in a 12-month period, for any individual. E. Learn to Swim Program where all participating athletes and coaches are members of United States Swimming, Inc. Must be held under the sole and direct supervision of United States Swimming, Inc. Member Coaches. F. United States Swimming, Inc. contracted Swim-A- Thons. G. United States Swimming, Inc. approved social events where alcoholic beverages are not sold. H. United States Swimming, Inc. approved fund raising activities. ? 5.'5lPl ., -'. 't, CITY OF PORT ANGELES AND PORT ANGELES SWIM CLUB WILLIAM SHORE POOL USE AGREEMENT , , '2J..'lOlp THIS AGREEMENT is entered into this ~ day of ::r ~ .~ By and between the CITY OF PORT ANGELES ("City") and the Port Angeles Swim Club, a non-profit corporation of the State of Washington, ("Swim Club"). ~ IN CONSIDERATION OF the mutual promises and obligations contained herein, it is hereby agreed as follows: 1. POOL/F ACILITY USE The City hereby agrees to allow usage of a designated portion of William Shore Pool ("Pool") by the Swim Club under the terms and conditions contained herein. The Swim Club hereby agrees to use the pool in accordance with the rules and regulations established by the City. 2. TERM This agreement shall commence on the 1 st day of January, 2006 and shall terminate July 31,2006. 3. FEES a. Fees shall be paid by Swim Club as provided in Exhibit "A" (Swim Club Fee Schedule), attached hereto and incorporated herein by this reference. b. By January 1st of each year fees shall be reviewed by the City and may be modified by the City as required to meet pool budget costs. 4. SCHEDULE FOR USAGE OF POOL/FACILITY a. The Swim Club shall have full access to the pool, locker rooms, kickboards and other areas/spaces as provided in the schedule set forth in Exhibit "B" (Swim Club Training and Meet Schedule), attached hereto and incorporated herein by this reference. b. The Schedule set forth in Exhibit "B" (pool Usage Plan) shall be reviewed by both and may be modified by the City as required to meet pool use demands. c. The Swim Club coach shall contact pool staff daily as to the availability of additional lane and other pool space usage. 5. CANCELLATION OF POOL TIME a. Provided written notice is given to the William Shore Pool staff within 5 days of any proposed cancellation dates, the Swim Club shall not be required to pay fees for such canceled time. Failure to provide written notice for said pool time period will result in full payment of fees. b. The Swim Club shall not be charged for any fees if the City cancels pool time. The City further agrees to notify the Swim Club with a minimum 30 day written notification if the pool will be closed, except in the case of an emergency which will negate the written notice requirement. G:\P ARKS\Pool\Wllliam Shore Pool Use Agreement.DOC .. 6. DAMAGE After usage ofthe facility and/or equipment by the Swim Club, the facility and/or equipment used shall be returned to the same or better condition then existed prior to such usage. In the event that damage to the facility and/or equipment is caused by Swim Club's use of the facility and/or equipment, the Swim Club shall reimburse the city for the costs to repair the damage. 7. COACHING CERTIFICATION All coaches for the Swim Club shall possess current certification in First Aid/CPR and Coaches Water Safety Training from American Red Cross. Additionally, all coaches shall have current certification form PNS, Pacific Northwest Swimming. Copies of certification cards from each coach shall be supplied to William Shore Pool Staff. . . - 8. INDEMNIFY The Swim Club agrees to defend, indemnify and hold harmless the City of Port Angeles and its officials, employees and agents from any damage claim or lawsuit for injury, illness, damage or other loss related to the use of the Pool under this agreement, except for injuries or damages caused by the sole negligence of the city. 9. INSURANCE REOillREMENTS Upon execution of this agreement and before using the Pool, the Swim Club shall supply a copy of its Certificate of Insurance, which shall document general liability insurance coverage of $1 ,000,000 for each occurrence and $2,000,000 in the aggregate for all insured, including coverage for participant liability of not less than $1,000,000 for each occurrence. The City shall be named as additional insured by endorsement. Such insurance must be maintained during the term of this agreement with copies of the renewal certificate submitted to the City at time of such renewal. Additionally, the Swim Club shall maintain and keep in force and effect its membership with United States Swimming, Inc., the national sanctioning body, thereby keeping the United States Swimming, Inc. insurance policy in force and effect as required in this paragraph. . 10. CONDITIONS OF USE The Swim Club shall comply with all pool/facility rules as defined in Exhibit "C" attached hereto and incorporated herein by this reference. Except as provided in Paragraph 8, the Swim Club also agrees and acknowledges that the use ofthe pool and all of its facilities, pursuant to this Agreement, is at the Swim Club's own risk. The Swim Club shall provide for locker room supervision. The Swim Club specifically acknowledges that diving is prohibited except in the diving tank area or when using the starting blocks in accordance with appropriate progressive training and accepts all risks and responsibility for diving activity. 11. ENTIRE AGREEMENT The parties hereto agree that this agreement contains the entire agreement entered into between the parties and that no other understanding, verbal agreements, or other terms exist other than as provided herein. 12. AMENDMENTS The parties hereto agree that any amendments to this ~ agreement will be in writing and mutually agreed upon by both parties. G:\PARKS\Pool\WIiliam Shore Pool Use Agreement.DOC 13. TERMINATION FOR CAUSE If either party shall willfully violate any of the terms and conditions contained herein, such willful violation shall entitle the other party to terminate this agreement, provided that the party desiring to terminate for cause shall give the other party at least 30 days written notice specifying the particulars of any contract violation, and if at the end of such time, the party notified has not removed the cause of complaint or remedied the purported violation, then termination of this agreement shall be deemed complete. 14. ASSIGNMENT The Swim Club shall not assign this agreement without the express written consent of the City. IN WITNESS WHEREOF, the parties hereto have entered into thi_s agreement as of the date first above written. CITY OF PORT ANGELES By: N-J--. ~ Name (; ~ /oJ A.. . c ~ n.:ea... Date: \ ,\,JoCc Title:-" I ~TO(t. ?"-11t..c.L. Lv-Q/L(.c.J ~(JTil-\l1b PORT ANGELES SWIM CLUB By: Name: ::J. /y\H",t1" / ~ I Title:~\~1r Date:~ ~4L-. Approved As To 'Form CITY ATTORNEY G:\PARKS\Pool\WiIliam Shore Pool Use Agreement.DOC , " EXHIBIT" A" SWIM CLUB FEE SCHEDULE Fee Schedule: Swim club shall be charged a rate of $8.80 per hour for life guarding services. When applicable for competitive swim meets, as directed by the Deputy Director of Recreation, (page 1, paragraph 3, Fees) a "cost to provide service" charge will be assessed at the rates listed below. Life Guard Supervisor $8.80hr $16.00/hr Payment for services shall be paid monthly based on actual hours of use. G:\PARKS\Pool\William Shore Pool Use Agreement.DOC MONrnS: Jilly Day aftG!i' the end m the Atallllemi.c mrtnJtdnoltD. Year to July 31 ITh1IE JFRAME: 3:30-4:30 PM Mon-Fri TAl<< SJl"AU.Oil BID ~ ~wmmilll. 9 SllWl!'e I Pngr.mus m m I Willial SUre ~ WiHWl:nm S]w:re PJrognms Port Angeles Swim Club EXHIBIT B MONnIS: .J1lllIly Day aftSJI'the em! (!)f tllaa Acadawc ThmstrmldiulDlIlL Yam' to Jcl.y 31 rThm FRAME: 4:30-5:30 PJ.v.l[ Mon-Fri DNlIJ!lfl(; lIllOiIJID ,"",,1<< mNmJalll' :5M) rn m P@rtAllageJ12s m Swinut o_ m m m m Port Angeles SlliI:Um Club ~ Slm:re JPrognms EXIDEII B Port Angeles School Discrict Academic Instroction School Year MONTHS: Sept.-Dee T~ FRAME: 5:30-6:00 PM Mon-Fri TAl<< :5lIWJl.OlIII'a<D F@rt AJugeles Swim. Cl1llb m R ; I I!I Swmt LesSGms !:I III Ljfu~ 101 i Waierlirnm I D WSI . ~ I m m Swim SwlrimLessns s"rim. Less@lI1I$ Li1regwmllDg Wa:Ite!'l1irtD:Dall: ,i\,1S1 : JEXHIlBI'I B MONTHS: Sept.-Dec. a ~ DIVING BOARD m Poo.'t ..\ng€'l€'s m Swim Club m m ~ T=k -~'w.IDm. Les.'tOlllL't -Lifeg:rll:\lll"~l1n~ - \VatelfJl."ooillt - \VSI -St.1ff Tranning Skill.lJ'o &11 -St'wim. LessOll't -Uegu..ulti:eg - \Vale'lfJ.-o:ut -\\is! -St:'lff Trailrlng -Jill.:II(JI]lnm.y i..t; Me " Port AngiBles School District Academic Instruction School Yeait' TThffi FRAME: 6:00-6:30 PJY.[ Mon.-Fri.. Port Augeles ~un Chib EXlllBIT B ." ~ MONTHS: Sept.-Dec. pq])rt Angeles School Dis1lrict Academe Instmctiom. School Year TII\.rn FRA:a.fE: 6:301-7:0101 PM Mma - Fri . ~ DJI:'Iil'IRG BOARD ~ Till<< mllJIltD:lllll'ao I ~' a m ~ ~ Swim. L~ssons mL_~ BWa1lieriirollilt WSi m S"tDJllfTnbnDg I m lPm.ADug~lms SwriD. CIl. Swim. L~solllS LEfe~ Water.&4Dlltt WSI S'd'afi'Tra:mmg MClIm!mY & Me Pert ADgeles Sl!lim Chili EXHIBIT JB .. ." , . . EXHmIT "C" POOL FACILITY RULES Locker room use: Swim Club members will enter locker rooms no earlier than fifteen (15) minutes before their designated swim time and they will exit the locker rooms within fifteen (15) minutes ofthe end of designated swim time. Swim Club members will use only the last two benches for their swim equipment and one shower tree for showers (womens/south-mens/north), during designated pool use time. Proper behavior is also required during use of facility. Supervision: Swim Club shall provide locker room supervision for club swimmers during the times set forth for designated locker room use. A coach _meeting all requirements set forth must be on deck within the fence boundary at all times during designated swim time. Showers: Club members will take showers immediately preceding entering the pool. Equipment: Kick Boards: Proper use of boards is required. There will be no throwing, submerging, standing on or hitting the boards on things such as the wall or the water. Tubes: Tubes will only be used provided tube rental fee has been paid. Diving: There will be no diving except in the diving tank and off the starting blocks provided proper progressive training recommended by Washington State Department of Health and supervision is provided. Pool Rules: Swim Club members must obey all pool rules. Included in these are: No Running No Pushing No Spitting No Sauna use No Diving in shallow water Display Case: The display case will be maintained on a montWy schedule (dusted and glass doors cleaned, outdated material removed) by the Port Angeles Swim Club. The Swim Club may allow the display case to be used by William Shore Pool; pool staffwill be responsible for maintenance of the case at such times. G:\PARKS\Pool\Wllliam Shore Pool Use Agreement.DOC S. 51..1J J CITY OF PORT ANGELES AND PORT ANGELES SWIM CLUB WILLIAM SHORE POOL USE AGREEMENT mIS AGREEMENT is entered into this ~ day of tl ~lAS ,.... , 200~ . By and between the CITY OF PORT ANGELES ("City") and t e Port Angeles SWIm Club, a non-profit corporation of the State of Washington, ("Swim Club"). IN CONSIDERATION OF the mutual promises and obligations contained herein, it is hereby agreed as follows: 1. POOL/FACILITY USE The City hereby agrees to allow usage of a designated portion of William Shore Pool ("Pool") by the Swim Club under the terms and conditions contained herein. The Swim Club hereby agrees to use the pool in accordance with the mles and regulations established by the City. 2. TERM This agreement shall commence on the 1 st day of August, 2006 and shall terminate December 31, 2006. 3. FEES a. Fees shall be paid by Swim Club as provided in Exhibit "A" (Swim Club Fee Schedule), attached hereto and incorporated herein by this reference. b. By January 1st of each year fees shall be reviewed by the City and may be modified by the City as required to meet pool budget costs. 4. SCHEDULE FOR USAGE OF POOL/FACILITY a. The Swim Club shall have full access to the pool, locker rooms, kickboards and other areas/spaces as provided in the schedule set forth in Exhibit "B". b. The Schedule set forth in Exhibit "B" (pool Usage Plan) shall be reviewed by both parties and may be modified by the City as required to meet pool use demands. c. The Swim Club coach shall contact pool supervisory staff daily as to the availability of additional lanes and other pool space usage. 5. CANCELLATION OF POOL TIME a. Provided written notice is given to the William Shore Pool supervisory staff within 5 days of any proposed cancellation dates, the Swim Club shall not be required to pay fees for such canceled time. Failure to provide written notice for said pool time period will result in full payment of fees. b. The Swim Club shall not be charged for any fees if the City cancels pool time. The City further agrees to notify the Swim Club with a minimum 30 day written notification if the pool will be closed, except in the case of an emergency which will negate the written notice requirement. I \pOol\Swlm Club Use Agreement DOC7/26/2006 6. DAMAGE After usage of the facility and/or equipment by the Swim Club, the facility and/or equipment used shall be returned to the same or better condition then existed prior to such usage. In the event that damage to the facility and/or equipment is caused by Swim Club's use of the facility and/or equipment, the Swim Club shall reimburse the cIty for the costs to repair the damage. 7. COACHING CERTIFICATION All coaches for the Swim Club shall possess current certification in First Aid/CPR and Coaches Water Safety Training from American Red Cross. Additionally, all coaches shall have current certification form PNS, Pacific Northwest Swimming. Copies of current certification cards from each coach shall be supplied to William Shore Pool Staff. 8. INDEMNIFY The Swim Club agrees to defend, indemnify and hold harmless the City of Port Angeles and its officials, employees and agents from any damage claim or lawsuit for injury, illness, damage or other loss related to the use of the Pool under this agreement, except for injuries or damages caused by the sole negligence of the city. 9. INSURANCE REQUIREMENTS Upon execution of this agreement and before using the Pool, the Swim Club shall supply a copy of its Certificate of Insurance, which shall document genera11iability insurance coverage of$I,OOO,OOO for each occurrence and $2,000,000 in the aggregate for all insured, including coverage for participant liability of not less than $1,000,000 for each occurrence. The City shall be named as additional insured by endorsement. Such insurance must be maintained during the term of this agreement with copies of the renewal certificate submitted to the City at time of such renewal. Additionally, the Swim Club shall maintain and keep in force and effect its membership with United States Swimming, Inc., the national sanctioning body, thereby keeping the United States Swimming, Inc. insurance policy in force and effect as required in this paragraph. 10. CONDITIONS OF USE The Swim Club shall comply with all pool/facility rules as defined in Exhibit "C" attached hereto and incorporated herein by this reference. Except as provided in Paragraph 8, the Swim Club also agrees and acknowledges that the use of the pool and all of its facilities, pursuant to this Agreement, is at the Swim Club's own risk. The Swim Club shall provide for adequate locker room supervision. The Swim Club specifically acknowledges that diving is prohibited except in the diving tank area or when using the starting blocks in accordance with appropriate progressive training and accepts all risks and responsibility for diving activity. 11. IN-KIND SERVICES The Swim Club hereby commits to provide the City with in-kind services at the pool. In-kind services may include, but not limited to, landscaping, landscape maintenance services, painting, trash pick-up, and other services as mutually agreed upon. The Swim Club will try to provide assistance to the City during the annual pool maintenance shut-down period. 12. SPECIAL EVENTS The Swim Club will continue to provide management of special events, such as Senior Games (swimming events), Port Angeles High School swimming meets and the Swim Club meets. The Swim Club may be asked to provide management of other special events held at the pool. I.\pOol\SWlm Club Use Agreement DOC7/26/2006 13. ENTIRE AGREEMENT The parties hereto agree that this agreement contains the entire agreement entered into between the parties and that no other understanding, verbal agreements, or other terms exist other than as provided herein. 14. AMENDMENTS The parties hereto agree that any amendments to this agreement will be in writing and mutually agreed upon by both parties. 15. TERMINATION FOR CAUSE If either party shall willfully violate any of the terms and conditions contained herein, such willful violation shall entitle the other party to terminate this agreement, provided that the party desiring to terminate for cause shall give the other party at least 30 days written notice specifying the particulars of any contract violation, and if at the end of such time, the party notified has not removed the cause of complaint or remedied the purported violation, then termination of this agreement shall be deemed complete. 16. ASSIGNMENT The Swim Club shall not assign this agreement without the express written consent of the City. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the date first above written. CITY OF PORT ANGELES BY:~~ Name (;, ~ ^ A. C ~1'\-[w Ti tle:'\:> IIlk't. ~ 1> tv a. l../ Date: 6( \--ov/o (. PORT ANGELES SWIM CLUB ~~,_lj k ~ By: ~,- nJ 0- ~YO w I ~ Name: Date: 5"lf-b~ Title:YAS e.. PV"~sr J ~~ .;J~~. Approved As To FO~ CITY ATTORNEY r"\pOOI\SWlm Club Use Agreement DOC7/26/2006 EXHIBIT "A" SWIM CLUB FEE SCHEDULE Fee Schedule: Swim club shall be charged a rate of $8.80 per hour for life guarding services. When applicable for competitive swim meets, as directed by the Deputy Director of Recreation, (page 1, paragraph 3, Fees) a "cost to provide service" charge will be assessed at the rates listed below. Life Guard Supervisor $8.80hr $16.00/hr Payment for services shall be paid monthly based on actual hours of use. I'\pool\Swlm Club Use Agreement DOC MONTHS: Aug-Dec DIVING BOARD TAl'<< SUAtLOW EM) TIME FRAME: 5:30-6':00 PM MOIJ-Fd Pori Altgeles Swim. Club I I I I I Swim. Lessons I Lifeguardbtg I Waterfront I I 'VSI I I I I I Swim. Swim Lessons Swim. Lesso Li1eguardbtg Waterfront WSI EXHIBIT B MONTHS: Aug.-Dee TIMEF.RAM.E: 6~OO-7:00 PM MOD-Fd DIVING BOARD TAl'IK Sf.I'AtLCW a<t) Port A:ngeles Swim. Club I I I I I Swim. LessoltS I Luegua:rd.btg I Waferfhud I I \VSI I I I I I Swim. Swim LessoltS EXHIBIT B EXHIBIT "C" POOL FACILITY RULES Locker room use: Swim Club members will enter locker rooms no earlier than fifteen (15) minutes before their designated swim time and they will exit the locker rooms within fifteen (15) minutes of the end of designated swim time. Swim Club members will use only the last two benches for their swim equipment and one shower tree for showers (womens/south-mens/north), during designated pool use time. Proper behavior is also required during use of facility. Supervision: Swim Club shall provide locker room supervision for club swimmers during the times set forth for designated locker room use. A coach meeting all requirements set forth must be on deck within the fence boundary at all times during designated swim time. Showers: Club members will take showers immediately preceding entering the pool. Equipment: Kzck Boards: Proper use of boards is required. There will be no throwing, submerging, standing on or hitting the boards on things such as the wall or the water. Tubes: Tubes will only be used provided tube rental fee has been paid. Dzving: There will be no diving except in the diving tank and off the starting blocks provided proper progressive training recommended by Washington State Department of Health and supervision is provided. Pool Rules: Swim Club members must obey all pool rules. Included in these are: No Running No Pushing No Spitting No Sauna use No Diving in shallow water Display Case: The display case WIll be maintained on a monthly schedule (dusted and glass doors cleaned, outdated material removed) by the Port Angeles Swim Club. The Swim Club may allow the display case to be used by William Shore Pool; pool staffwill be responsible for maintenance of the case at such times. I \pOol\Swlm Club Use Agreement DOC 5.5~I-b ,~ Received' 29.Jan.01 0113 PM From' + To. 2532762683 Powered by'-"Fax.com Page: 2 of 3 CERTIFICATE OF INSURANCE 657553 /'~ 1/29/01 PAQCUC~ K & K Insurance Group, Inc. n'\ls CEFrrIFICATE IS ISSUED AS ~ hWiER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 1712 Magnavox Way HOLDa'l. THla CERTIFIe,cQ"E 006$ Nor AMEND. EXlEND OR P.O. Box 2338 ALTER lHE COVERAGE AFFORDS> BV THE POUCIES BELOW Fort Wayne, In 46801 COMPANIES AFFORDING COVERAGE INSUFal COMPIUN A UNITED STATES DIVING, INC. LETTER T IG INSURANCE COMPANY 201 SOUTH CAPITOL, SUITE 430 COMIWfY B INDIANAPOLIS, IN 46225 I.ETT!R COMFiltJN C LETTER COVERAGES THIS IS'w:l CEM'F'r' TI-OO'THE PClLICI!!l OF INSURANCE USl'!D I!lOW HMI! B!!N 198UI!:D 10 TIoft! INSURED NAMED ABOvE FOFll'HE POlI~ P9l1OO IN- OI::R'E[)' HOnMTHSlJ,NOlNO ANY E)UlRBENT.1ERMORCONDIT1ON OF ",." CONllWlT OROfHEflDOOUMENT WITH RESFEOr 10 WHK)H THlSGERTIACATE MAYBe ISSl,lEOOAUAV PERrAIN, TlfE (NSURAN~ AI=FORDlm A'I'~ POLIGI&8 O&BCRIllEOMl;REIN 188UUCT'1OAll TIolIi 'T9IM8. &XClUSIONS ANDCONDI- liONS OF SUCH POLICIES uwrrs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co. TYPE OF INSURANCE POLICY NUM8ER POLICY EFFECTIVE FOLICY ElCPlIWION- L1MfTS (In thousands) LTR OlflTE (MMJ DDJY'I') MTE-"MIODfYV) Gene.... UablltJ Genllllll Agaregate $ NONE A [XI ClIrmnslOJBI G8nerIII 1.J/Ibllitw SSP3902071G02 12:01AM 12:01AM ProdUCl$-Como'~ A__.... S 1000 o Claims Made IE OceLl'; 1/01/01 1/01/02 Personal & AdVll1ls1no InIUN S 1000 DOwner's & Conlrlctort Prot. Each (JQ;u1WlC8 $ 1000 0 FI III Damsat lAIN one IIntI S 300 Medic:al ExDIns.1Anv one lImanl S 5 P8rtCipanlli:oill LiabilitY $ 1000 Auto.olllle UablIIy ClJllIllIned A ONlY auto SSP3802071602 12:01AM 12:01AM ~aI' $ 1000 o All 0lM'I8Cl autos 1/01/01 1/01/02 == OSchtlCluled eutot $ [XI HlI'Vd au~ IIodilY ~ NOAoQl/nld auroa ="aceldeAO $ Garage liability PrIlOertY 0 IlamIOll S ExaM L_I~ Eacll OocumlMll AggnIgIdB A !:imTRAIGHTEXCESS KLB3803066301 12:01AM 12:01AM OOther It1lln Umbrella form 1/01/01 1/01/02 $ 4000 $ NONE StatutDn WarIIIIni' CDnlf*IUIion $ Each Accident 8_ ~BCY Limn Employe,.' llabDly $ $ ~hEm-T 12:01AM 12:01AM AD&.D A Pll1lo1p'''' SPX3S02075502 1/01/01 1/01/02 Primafl, Medical $ NONE Acddenl Ella!SS Medical $ 25 W'8ekhllndemnlN $ X NONE DEIlCfIIFnON Of' OPERAT1CNS/LCCRION6NeHlCLESJ I SPB:lAllfUl CLUB: PORT ANGELES DIVE CLUB EFF. DATE: 01/01/01 LOCATION: WILLIAM SHORE MEMORIAL POOL, PORT ANGELES HIGH SCHOOL AND SEQUIM A REC. CENTER SF.E ATTACHED ADDENDUM FOR ADDITIONAL INSURED. CEImFlCAT! HOLDER CANCELl.ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE rHIS VOIDS & REPLACES CERT #650778 CANCElLED BEFORE THE EXPIRATION DATE nlER~W, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _ DAYS WRITTEN NOTICE 10 me CERTlRCAn. HOLDER NAMED 10 THE LEFT, BUT FAlWRE 10 MAIL SUCH NOTICE SHALL IMPOSE NO C/O TERRY & VIRGINIA JAMES OBLIGATION OR UABILlTY O~ ~y KINO UPON Ti'll! COMPANY, ITS AGENlS OR FlEPRE~""TlVES. 9SS OXENFORD ROAD Al/THJR>Z~D R ~. PORT ANGELES, WA. 98363 I <-- /'? '.> (40. JJi'~ ~ A W' I '-.J . Sl39 1-92 ,t 1 "" Received 29 Jan 01 01:13 PM From: + To' 2532762683 Powered by Slfax.com Page: 3 of 3 ADDENDUM P AGE FOR C E R T I FIe ATE K & K INSURANCE GROUP, INC. CERTIFICATE: 657553 DATE ISSUED: 1/29/01 ACCOUNT NAME: UNITED STATES DIVING, INC. PARTICIPANT ACCIDENT POLICY NUMBER: SSP3802071602 SSP3802071602 KLB3803066301 SPX3902075502 TYPE OF INSURANCE: GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY (ADDITIONAL INSURED) CITY OF PORT ANGELES WILLIAM SHORE MEMORIAL POOL 315 E 5TH ST. 321 E 5TH ST. PORT ANGELES, WA. 99362 PORT ANGELES HIGH SCHOOL 304 PARI{ AVE. PORT ANGELES, WA. 98362 SEQUIM AQUATIC RECREATION CENTER 610 N. 5TH AVE. SEQUIM1 WA. 98382 j ;. 5.5LPJ , " CITY OF PORT ANGELES AND PORT ANGELES SWIM CLUB WILLIAM SHORE POOL USE AGREEMENT THIS AGREEMENT is entered into this Z7zza--ay of Pi:t:E7>?/7trlC..... ,2006 . By and between the CITY OF PORT ANGELES ("City") and the Port Angeles Swim Club, a non-profit corporation of the State of Washington, ("Swim Club"). IN CONSIDERATION OF the mutual promises and obligations contained herein, it is hereby agreed as follows: 1. POOL/FACILITY USE The City hereby agrees to allow usage of a designated portion of William Shore Pool ("Pool") by the Swim Club under the terms and conditions contained herein. The Swim Club hereby agrees to use the pool in accordance with the rules and regulations established by the City. 2. TERM This agreement shall commence on the 1 st day of January, 2007 and shall terminate December 31,2008. 3. FEES a. Fees shall be paid by Swim Club as provided in Exhibit "A" (Swim Club Fee Schedule), attached hereto and incorporated herein by this reference. b. By January 1st of each year fees shall be reviewed by the City and may be modified by the City as required to meet pool budget costs. 4. SCHEDULE FOR USAGE OF POOL/FACILITY a. The Swim Club shall have full access to the pool, locker rooms, kickboards and other areas/spaces as provided in the schedule set forth in Exhibit "B". b. The Schedule set forth in Exhibit "B" (Pool Usage Plan) shall be reviewed by both parties and may be modified by the City as required to meet pool use demands. c. The Swim Club coach shall contact pool supervisory staff daily as to the availability of additional lanes and other pool space usage. SWIM MEETS 5. The Swim Club shall provide the City with a list of swim meets for the current year by January 1 st of each year. (Exhibit "C") 6 CANCELLATION OF POOL TIME a. Provided written notice is given to the William Shore Pool supervisory staff within 5 days of any proposed cancellation dates, the Swim Club shall not be required to pay fees for such canceled time. Failure to provide written notice for said pool time period will result in full payment of fees. b. The Swim Club shall not be charged for any fees if the City cancels pool time. The City further agrees to notify the Swim Club with a minimum 30 day written notification if the pool will be closed, except in the case of an emergency which will negate the written notice requirement. I \pOol\Swlm Club Use Agreement DOC 1 . " 7. DAMAGE After usage of the facility and/or equipment by the Swim Club, the facility and/or equipment used shall be returned to the same or better condition then existed prior to such usage. In the event that damage to the facility and/or equipment is caused by Swim Club's use of the facility and/or equipment, the Swim Club shall reimburse the city for the costs to repair the damage. 8. COACHING CERTIFICATION All coaches for the Swim Club shall possess current certification in First Aid/CPR and Coaches Water Safety Training from American Red Cross. Additionally, all coaches shall have current certification form PNS, Pacific Northwest Swimming. Copies of current certification cards from each coach shall be supplied to William Shore Pool Staff. 9. INDEMNIFY The Swim Club agrees to defend, indemnify and hold harmless the City of Port Angeles and its officials, employees and agents from any damage claim or lawsuit for injury, illness, damage or other loss related to the use of the Pool under this agreement, except for injuries or damages caused by the sole negligence of the city. 10. INSURANCE REQUIREMENTS Upon execution of this agreement and before using the Pool, the Swim Club shall supply a copy of its Certificate of Insurance, which shall document general liability insurance coverage of$l,OOO,OOO for each occurrence and $2,000,000 in the aggregate for all insured, including coverage for participant liability of not less than $1,000,000 for each occurrence. The City shall be named as additional insured by endorsement. Such insurance must be maintained during the term of this agreement with copies of the renewal certificate submitted to the City at time of such renewal. By July 1 st of each year, insurance requirements shall be reviewed by the City and may be modified. Additionally, the Swim Club shall maintain and keep in force and affect its membership with United States Swimming, Inc., the national sanctioning body, thereby keeping the United States Swimming, Inc. insurance policy in force and effect as required in this paragraph. 11. CONDITIONS OF USE The Swim Club shall comply with all pool/facility rules as defined in Exhibit "D" attached hereto and incorporated herein by this reference. Except as provided in Paragraph 8, the Swim Club also agrees and acknowledges that the use of the pool and all of its facilities, pursuant to this Agreement, is at the Swim Club's own risk. The Swim Club shall provide for adequate locker room supervision. The Swim Club specifically acknowledges that diving is prohibited except in the diving tank area or when using the starting blocks in accordance with appropriate progressive training and accepts all risks and responsibility for diving activity. 12. IN-KIND SERVICES The Swim Club hereby commits to provide the City with in-kind services at the pool. In-kind services may include, but not limited to, landscaping, landscape maintenance services, painting, trash pick-up, and other services as mutually agreed upon. The Swim Club will provide as much assistance as possible to the City during the annual pool maintenance shut-down period. 13. SPECIAL EVENTS The Swim Club will continue to provide management of special events, such as Senior Games (swimming events), Port Angeles High I \pool\SwnTI Club Use Agreement DOC 2 14. ENTIRE AGREEMENT The parties hereto agree that this agreement contains the entire agreement entered into between the parties and that no other understanding, verbal agreements, or other terms exist other than as provided herein. 15. AMENDMENTS The parties hereto agree that any amendments to this Agreement will be in writing and mutually agreed upon by both parties. 16. TERMINATION FOR CAUSE If either party shall willfully violate any of the terms and conditions contained herein, such willful violation shall entitle the other party to terminate this agreement, provided that the party desiring to terminate for cause shall give the other party at least 30 days written notice specifying the particulars of any contract violation, and if at the end of such time, the party notified has not removed the cause of complaint or remedied the purported violation, then termination ofthis agreement shall be deemed complete. 17. ASSIGNMENT The Swim Club shall not assign thIS agreement without the express written consent of the CIty. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as ofthe date first above written. ::TY~GEA Name GLe"V....I A. CV 7"("f::1l- Date: /~/z-7/o to , , Title~~7'l''il,7vn(''lc... \""'-0 It ICJ.1l>- fI"flt.-I17E:"J PORT ANGELES SWIM CLUB By: Name: ~~ ~ ~ Date: I').. - ~7- Dip JTitle"_P'( <-\ ~ \ ~.J..<J )v..>; '" c.-\ '-'- I ~~A ~- - ~ __~ CITY ATTORNEY Approved As To Form I \pOol\Swlm Club Use Agreement DOC 3 EXHIBIT "A" SWIM CLUB FEE SCHEDULE Fee Schedule: Practice Sessions: I I 1/1/2007 - 7/31/2007 $15.00/hr Beginning 8/1/2007 $25.00/hr Rate includes up to five (5) lanes, dive well, and lifeguards. Swim Meets: $40.001hr Rate includes set-up and take-down time for a meet, a lifeguard(s), supervisor, and clean-up of the locker room following a meet. Note: Fees shall be reviewed, and may be revised, on an annual basis. Swim Club shall be invoiced monthly for fees based on actual hours of use. G \PARKS\Pool Contract\Swim Club Fee Schedule 12-2006.doc . .' I. DIVING BOARD r""" su~u.aw EM) Exhibit "B", Day after the end of the Academic Instruction Year to July 31 I I I Port Angeles Swim Club I I I I Port Angeles Swim Club 1 The day after the end of the academic instruction year to July 31 from 3:30PM- 7 :OOPM. If pool staff is not using lanes P ASC may use additional lanes, dive well, or training areas. WilliamSlwre Programs . " Exhibi t B 1/ TIlIfE FRAME: 5:30-0:00 PM' .Mon-Fri DIVING BOARD I I I I Swim Lessons I Lifegual'ding I \Vaterfront . I WSI I I I I . Port Angeles Swim Chill TAM: ~""\u.o'W s.t) Swim Lt'SSOllS EXHIBIT B 1 From 5:30PM- 6:00PM PAse will have use of 4lanes. Ifpool staff is not using lanes P ASe may use additional lanes. 2 From 6:00PM-7:00PM M,W,F P ASe will have use of either the dive well or training areas of the pool plus 5 lanes. If pool staff is not using lanes P ASe may use additional lanes, dive well, or training areas. 3 From 6:00PM-7:00PM T,THPASewlllhaveuseof5lanes. Ifpoolstaffisnot using lanes P ASe may use additional lanes, dive well, or training areas. . . . '. Exhibit Bj TIME FRAME: 6:00-7:00 P111' il'fOI1-FrJ DIVING BOARD I I I I Swim LesSG us I Lifeguariling I Waterfi'Ont I I \VSI I I I I I Port Angeles Swint Chili r-Ai'ol:' 'S.f.MU,.OW la<t) SWlllt Lessons E:xHIBIT B 1 From 5:30PM- 6:00PM PASC will have use of 4 lanes. Ifpool staff is not using lanes P ASC may use additional lanes. 2 From 6:00PM-7:00PM M,W,F P ASC will have use of either the dive well or training areas of the pool plus 5 lanes. If pool staff is not using lanes P ASC may use additional lanes, dive well, or training areas. 3 From 6:00PM-7:00PM T,TH PASC will have use of5lanes. Ifpool staff is not using lanes P ASC may use additional lanes, dive well, or training areas. ~ .... , " EXHIBIT "C" List of Swim Club Meets r \pool\Swlm Club Use Agreement DOC " , ' EXHIBIT "D" POOL FACILITY RULES Locker room use: Swim Club members will enter locker rooms no earlier than fifteen (15) minutes before their designated swim time and they will exit the locker rooms within fifteen (15) minutes of the end of designated swim time. Swim. Club members will use only the last two benches for their swim equipment and one shower tree for showers (womens/south-mens/north), during designated pool use time. Proper behavior is also required during use of facility. Supervision: Swim Club shall provide locker room supervision for club swimmers during the times set forth for designated locker room use. A coach meeting all requirements set forth must be on deck within the fence boundary at all times during designated swim time. Showers: Club members will take showers immediately preceding entering the pool. . Equipment: Kick Boards: Proper use of boards is reqUIred. There will be no throwing, submerging, standing on or hitting the boards on things such as the wall or the water. Tubes: Tubes will only be used provided tube rental fee has been paid. Divzng: There will be no diving except in the diving tank and off the starting blocks provided proper progressive training recommended by Washington State Department of Health and supervision is provided. Pool Rules: Swim Club members must obey all pool rules. fucluded in these are: No Running No Pushing No Spitting No Sauna use No Diving in shallow water Display Case: The display case will be maintained on a monthly schedule (dusted and glass doors cleaned, outdated material removed) by the Port Angeles Swim Club. The Swim Club may allow the display case to be used by William Shore Pool; pool staff will be responsible for maintenance of the case at such times. L\pool\SWllTI Club Use Agreement DOC .' I e. - ACORD... CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYI 02/13/06 PRODUCER 1- 800-777 -4930 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 32712 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix, AZ 85064-2712 INSURERS AFFORDING COVERAGE INSURED INSURER A Lexington Insurance Comcanv PORT ANGELES SWIM CLUB USA Swimming etal Incl Local Swimming Committees INSURER B Mutual of Omaha Insurance Company SCOTT MOORE INSURER C PO BOX 1056 PORT ANGELES, WA 98362-0179 INSURER D I INSURER E 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. ' I I~~ POLICY EFFECTIVE POLICY EXPIRATION I TYPE OF INSURANCE POLICY NUMBER LIMITS A ~ERAL LIABIUTY 1638683 12/31/05 01/01/07 EACH OCCURRENCE $ 2,000,000 1 X ~MERCIAl GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 100,000 I r---- CLAIMS MADE ~ OCCUR I r---- MED EXP (Anyone person) $ EXCLUDED X Participant Legal PERSONAL & ADV INJURY $1,000,000 I X Liability Included GENERAl AGGREGATE $ 4,000,000 I ril'L AGGREAE LIMIT APnS PER PRODUCTS - COMP/OP AGG $2,000,000 I X POLICY ~~R;: LOC '"" I ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ I ANY AUTO (Ea aCCident) r---- I r---- AlL OWNED AUTOS BODILY INJURY (Per person) $ I SCHEDULED AUTOS I-- HIRED AUTOS BODILY INJURY I r---- $ , NON-OWNED AUTOS (Per aCCIdent) I r---- PROPERTY DAMAGE $ I (Per aCCident) I RRAGE UABIUTY AUTO ONLY - EA ACCIDENT $ I I ANY AUTO OTHER THAN EA ACC $ i AUTO ONLY AGG $ I A EXCESS LIABILITY 0352672 12/31/05 01/01/07 EACH OCCURRENCE $ 3,000,000 m OCCUR D CLAIMS MADE AGGREGATE $8,000,000 $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~~mNs I IOJ.tl- EMPLOYERS' UABIUTY $ E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ OTHER B XS ACC MED/DENTAL AD & D T5MPSP35054 01/01/06 01/01/07 Maximum $ 25,000 B AD & D T5MPSP35054 01/01/06 01/01/07 Maximum $ 5, 000 $ DESCRIPTION OF OPERA TIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Verification of General/Excess Liability for INSURED ACTIVITIES per attached. The Certificate Holder is included as Additional Insured per attached ADDITIONAL INSURED ENDORSEMENT EPFECTIVE CERTIFICATE ISSUE DATE. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRA nON William Shore Memorial Pool DATE THEREOF, THE ISSUING INSURER WILL AlXtitWYIJ MAIL ~ DAYS WRITTEN City of Port Angeles NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~~ Barb Oliver ~U~UIIIIt""""""~Ylp"lII~1fQJRElIl1I11'I"1\l;&ImJf'.X 225 E 5th Street ~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Port Angeles, WA 98362 AUTHORIZED REPRESENTAnVE ~~ O' ~~ I USA ACORD 25-5 (7/97) PN-PASC 3984041 @ ACORD CORPORATION 1988 Powered By CertlflestesNow III ..J '. . . ATTACHMENT TO USA SWIMMING CERTIFICATE POLICY NUMBER: 1638683 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - BLANKET OWNERS AND/OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy # 1638683 is amended to include as an additional insured any person or organization of the types designated below and as evidence by a Certificate of Insurance issued for you by us or on our behalf, but only with respect to liability arising out of your operations: Owners and/or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: A. This insurance applies only to an occurrence which takes place while you are occupying in the premises; B This insurance does not apply to Bodily Injury or Property Damage resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and/or lessor of the premises; c This insurance does not apply to any design defect or structural maintenance of the premises by or on behalf of the owner and/or lessor. With respect to any "Additional Insured" included under the policy by this endorsement, this insurance does not apply to the sole negligence of such "Additional Insured", Effective Date: The effective date of this endorsement shall be the issue date of the certificate to which it is attached. 1 .. .. " ATTACHMENT TO USA SWIMMING CERTIFICATE ADDITIONAL NAMED INSUREDS: United States Swimming, Inc. Member Clubs for Insured Activities. (Please Note: Member Clubs must be in good standing, which means that all athletes and all coaches must be United States Swimming members.) 2 Any Member of United States Swimming, Inc., or volunteer, while acting on behalf of and with the approval of the Board of Directors of United States Swimming, Inc. DEFINITIONS: United States Swimming, Inc. Member Clubs are clubs that are members in good standing with United States Swimming, Inc. and whose athletes and coaches are members of United States Swimming, Inc. 2 Sanction as defined by United States Swimming, Inc. Rules and Regulations. 3 Approved Meet as defmed by United States Swimming, Inc. Rules and Regulations. INSURED ACTIVITIES: A Swimming events where a United States Swimming, Inc. Sanction has been issued. B. United States Swimming, Inc. Approved Meets. C. Swimming practices where all participating athletes and coaches are members of United States Swimming. Must be held under the sole and direct supervision of United States Swimming, Inc. Member Coaches. D Swimming tryouts under the sole and direct supervision of United States Swimming, Inc. Member Club Coaches. May not last for a period of more than thirty (30) consecutive calendar days in a 12-month period, for any individual. E. Learn to Swim Program where all participating athletes and coaches are members of United States Swimming, Inc. Must be held under the sole and direct supervision of United States Swimming, Inc. Member Coaches. F United States Swimming, Inc. contracted Swim-A-Thons. G. United States Swimming, Inc. approved social events where alcoholic beverages are not sold. H. United States Swimming, Inc. approved fund raising activities. 5.5{f)J ~ FORT AN ELES WAS H I N G TON, U. S. A. PARKS AND RECREATION DEPARTMENT WILLIAM SHORE POOL USE AGREEMENT THIS AGREEMENT is entered into this 3D at day of .:'5I1AJv19f\.'1 ' :l tJo I by and between the CITY OF PORT ANGELES ("City") and The Port Angeles Dive Club, a United States Diving Inc. club member, registered with Washington Association of United States Diving Inc., Club Registration Number 3021, ("Dive Club"). IN CONSIDERATION OF the mutual promises and obligations contained herein, it is hereby agreed as follows: 1. POOLIFACILITY USE. The City hereby agrees to allow usage of the William Shore Pool ("Pool") by the Dive Club under the terms and conditions contained herein. The Dive Club, hereby agrees to use the Pool in accordance with the rules and regulations established by the City's Parks & Recreation Department, as provided in Exhibit "C", a copy of which is attached hereto and is incorporated herein by this reference, and which may be modified from time to time by the City. 2. TERM. This agreement shall commence on the ~day of ::::stlkJv~ ,:2CJCJ I and shall terminate on ~B6'f.. 31 , ~Ol!) I , subject to the right of either party . to terminate this agreement with written notice provided to the other not less than 120 days prior to termination. 3. FEES. a. Fees shall be paid by the Dive Club as provided in Exhibit "A" (Competitive Teams Fee Schedule), attached hereto and incorporated herein by this reference. b. When applicable, as directed by the Parks & Recreation Director, a "cost to provide service" charge will be assessed at the rates listed in "Exhibit A" (Competitive Teams Fee Schedule), attached hereto and incorporated herein by this reference. c. By July 1st of each year fees shall be reviewed by the City and may be modified as required to meet pool budget objectives. 4. SCHEDULE FOR USAGE OF POOLIF ACILITY. a. The Dive Club shall have full access to the pool, locker rooms, required equipment and other areas/spaces as provided in the schedule set forth in Exhibit "B" (Competitive Teams Training and Meet Schedule), attached hereto and incorporated herein by this reference. b. The schedule, set forth in Exhibit "B" shall be reviewed by both parties by July 1 st of each year and may be modified by the City as required to meet pool use objectives. 5. CANCELLATION OF POOL TIME. a. Provided written notice is given to the City within 10 days of any proposed cancellation dates, the Dive Club shall not be required to pay fees for such canceled time. Failure to provide written notice within said time period, or umeasonable and repeated cancellations of pool time, will result in full payment of fees. b. The Dive Club shall not be charged for any fees if pool time is canceled by the City. The City further agrees to notify the Dive Club with a minimum 30 day written notification if the pool will be closed, except in the case of an emergency which will negate the written notice requirement. 6. DAMAGE. After usage of the facility by the Dive Club, the pool and other areas used shall be returned to the same or similar condition that existed prior to such usage. In the event that damage to the facility is caused during the Dive Club's use ofthe facility, the City shall provide documentation of such damage and bill the Dive Club appropriately. 7. COACHING CERTIFICATION. All coaches for the Dive Club shall possess current certification in First Aid /CPR. Additionally, all coaches shall have successfully completed the United States Diving Safety Training certification from United States Diving Inc.. Copies of certification cards from each coach shall be supplied to the Parks & Recreation Department. 8. INDEMNITY. The Dive Club agrees to defend, indemnify and hold harmless the City of Port Angeles and its officials, employees and agents from any damage claim or lawsuit for i~ury, illness, damage or other loss related to the use of the Pool under this agreement, except for injuries or damages caused by the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Upon execution of this agreement and before using the Pool, the Dive Club shall supply a copy of its Certificate of Insurance, which shall document general liability insurance coverage of $1 ,000,000 for each occurrence and $2,000,000 in the aggregate for all insured, including coverage for participant liability of not less than $1,000,000 for each occurrence. The City shall be named as an additional insured by endorsement. Such insurance must be maintained during the term of this agreement with copies of the renewal certificate submitted to the City at time of such renewal. Additionally, the Dive Club shall maintain and keep in force and effect its membership with United States Diving Inc. and the Washington Association of United States Diving, the national and state sanctioning bodies, thereby keeping the United States Diving Inc. insurance policy in force and effect as required in this paragraph. 10. CONDITIONS OF USE. The Dive Club shall comply with all pool/facility rules as defined in Exhibit "C" attached hereto and incorporated herein by this reference. Except as provided in paragraph 8, the Dive Club also agrees and acknowledges that the use of the Pool and all of its facilities, pursuant to this Agreement, is at the Dive Club's own - risk. The Dive Club shall provide gender-specific superyision for locker rooms. The Dive Club specifically acknowledges that diving is prohibited except 10 the diving tank area or when us 109 the starting blocks in accordance with appropriate progressIve traming and accepts all risks and responsibility for diving activity. 11. ENTIRE AGREEMENT. The parties hereto agree that this agreement contams the entire agreement entered into between the parties and that no other understand 109, verbal agreements, or other terms eXIst other than as provided herein 12. AMENDMENTS. The parties hereto agree that any amendments to thiS agreement wIll be in writing and mutually agreed upon by both parties. 13. TERMINATION FOR CAUSE If either party shall willfully violate any of the terms and conditions contained herein, such willful violation shall entitle the other party to terminate this agreement, provided that the party desiring to terminate for cause shall give the other party at least 30 days written notice specifYing the particulars of any contract violation, and if at the end of such time, the party notified has not removed the cause of the complaint or remedied the purported violation, then termination of this agreement shall be deemed complete. 14. ASSIGNMENT. The Dive Club shall not assign this agreement without the express written consent of the City. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the date first above written. By ~ tJa-tJA!c L- ~ 1 11 ~ rJ:!1. I.? !f-n j I~c r ecJf/\--- l). reL--- or} tVov--t (1v. es tr~~~ , Title PORT ANGELES DIVE CLUB ~ Br r7J--~/'?,.~ - Name- f/JRr-r/A///l <-J4me;S, TE~;e7 0X/J?1E5 / /'~ Title ~cJ/?<-I-/ t5S" ~\ ,(] I~ ,Approved AsTo Form CITY ATTORNEY : ' ': ~ ~ I \ r EXHIBIT" A" FEE SCHEDULE Fee Schedule: Competitive swim and/or diving clubs shall be charged a rate of $6.88 per hour for life guarding serVIces. When applicable, as directed by the Parks & Recreation Director, (page 1, paragraph 3. Fees) a "cost to provide service" charge will be assessed at the rates listed below. Life Guard Supervisor $8.00Ihr $12.18/hr Payment for services shall be paid monthly based on actual hours of use. EXHIBIT "C" WILLIAM SHORE POOL COMPETITIVE TEAM/CLUB FACILITY USE RULES & REGULATIONS In addition to the City of Port Angeles established general pool rules, and United States Diving Inc., "Pool Safety Guidelines for Competitive Divers" (attached), the following shall apply to all competitive teams or clubs while utilizing William Shore Pool. Coaches Responsibilities 1. Coaches must not leave a practice or a meet event unattended. A coach must be present from the time athletes arrive until the last athlete has departed. 2. Coaches are responsible for controlling the actions of their swimmers in all areas of the facility. 3. Coaches are responsible for notifying pool personnel before allowing divers to use the diving board. Documentation of appropriate progressive training for such divers must be provided and witnessed by pool staff. 4. Coaches shall be responsible for moving the lane lines for their practice and meet needs. Upon completion, lane lines shall be returned to the proper lanes as directed by pool personnel. All training aids used on deck shall be removed and/or placed in designated storage areas upon completion of practice. Diver Responsibilities 1. All divers must shower before entering pool. 2. Due to the sharing of the locker rooms with other programs, divers shall use designated shower and dressing areas, (far benches & shower tree). 3. Divers shall dive only in the authorized diving tank area in accordance with the appropriate progressive training as supervised by the coaches. WILLIAM SHORE MEMORIAL POOL "A Place for Everyone to enJoy" WELCOME TO WILLIAM SHORE MEMORIAL POOL II Below are some ways to make your time here enjoyable and safe. We hope that 'ou have a good time and come back soon. GENERAL POOL RULES AND REGULATIONS [E Diving is allowed in the diving tank only. [E Please shower before swimming [E If you have a rash, open sores, cuts, infections or communicable disease you must stay out of the pool. [E If you're not experienced, stay in the shallow area, especially if you are a non- sWimmer. Children under 8 years of age must be accompanied by an adult to assure their safety. POOL PATRONS CODE OF CONDUCT [B Fast and rough play can be dangerous You can hurt somebody, including yourself. For this reason we cannot allow activities such as: · Running (it's slippery!) · Dunking · Hanging or sitting on float lines · Stunts, horseplay, shoulder or back rides, ete. · Diving or Jumping from the sides of the diving boards · Hangi ng on bars or ladders [B Persons under the influence of alcohol or drugs will be denied entrance. [B Proper swim attire is required. Pool staff wi II have authority to deny anyone access to the pool due to inappropriate swim wear. Swim wear with transparent material or of design that does not provide sufficient anatomical coverage for a fami Iy oriented public swimming pool may be deemed inappropriate [B Patrons shall respect the rights of other patrons and shall not annoy or intimidate others by unnecessary staring, following or intentionally viewi ng others underwater by use of sWim masks or goggles. Continuation of staring, following or intentionally viewing aher being requested by any patron or pool personnel to stop such activity shall be a presumption that the acts are intended to annoy and/or intimidate and shall be grounds to deny access to the pool. [B Most people don't like being splashed. Please refrain fromdolng thiS, and be careful of some dives (like seat dives), that cause excess splashing. [B We cannot allow throwing rings, mats, keys, people, ete. ';] People do not enjoy hearing profane language, it will not be tolerated. POOL EQUIPME~J RULES' IE [E [E rB ~ [E - ----:- . Only o'ne mat or ring per person, plea?e. Please do not move the fulcrum on the diving board. It is to remain fOr\vard Kickboards are for lap swimming only. Please keep mats or rings in the shallow areas designated by the black line. Wearing life jackets is exceptable for pre-school age children with an adult present during designated preschool swim times. I r COURTESY TO OTHERS MAKES IT FUN FOR EVERYONE rB Those under 18 who can swim laps continuously can use lap lanes durtng open sWim only. [E Glass can break - then cut. Please keep glass bottles out of the pool and dressing areas. [8 Keep entrances and exits clear for fire and emergency safety. People congregating near them Impede traffic. [8 During open SWims, please leave snorkels, face masks and personal flotation devices behind. [8 We are not set up for eating or drinking. Food and beverages must be kept out of the pool, spectator area, and dressing areas to help maintain sanitary conditions. [8 Street shoes can carry contaminates into pool water. Please keep them off the deck. [8 Fifteen minutes is a good rule-of-thumb to complete your use of the dressing room. A CLEAN POOL IS A HEALTHY POOL [8 Keeps pets outside. rB Spitting is unsanitary, as is gum in the pool. Gum can also cause choking. [8 Thank you for not smoking [8 SWimming and spectating areas are separate. Please do not Intermingle GUARDS ARE THERE FOR YOUR SAFETY [8 Please let them keep maximum attention on their duties. Distracting them and climbing on or congregating around their chair takes their attention away from people who may need their help. [8 For reasons of safety, we must reserve the right to put into effect any ru les, verbal or printed, that may be necessary for the safe and effective operation of the facility. Those refusing to obey the guards or supervisor's directions will be subject to removal from the premises. THANK YOU FOR YOUR COOPERATION - ENJOY YOUR STAY!! - POOL SAFETY GUIDELINES FOR COMPETITIVE DIVERS ASSUME RISK - Understand and appreciate the risks involved before engaging in any diving activity. WARNING! Catastrophic injury, paralysis, or even death can result from improper conduct of diving activity. KEEP RECORDS - Register as a U.S. Diving athlete member before your first lesson or training session. Take your U.S. Diving'registration card to competitions for venfication if needed. PLAN YOUR DIVE AND WATER ENTRV - Plan your dive to land a safe distance from the board or platform in water deep enough for you to maneuver underwater. Visualize your dive before you perform. Be ready to go when its your turn. Dive straight off the board or platform. Entry techniques may vary according to the pool bottom configuratIon, depth, height of the board or platform and dive. On head-first entries grab your hands to protect your head, neck and spine. Avoid striking the head and neck on the bottom. Know what glide path to follow underwater. Know where to eXit the water. CHECK THE POOL DEPTH BEFORE YOU DIVE - Check the pool depth and water envelope for obstructions or another swimmer or diver before every dive. Ease Into an unfamilIar pool or body of water the first time. Enter the deep water In the diving area feet-first the first tIme in an unfamiliar diving facility. CHECK EQUIPMENT BEFORE YOU DIVE - Check that the bolts in the end of the diving board are secured. Check that your fulcrum setting is readied for your dive. Check that the takeoff surface is not slippery. Report any unsafe conditIons immediately to a coach or lifeguard. BE SUPERVISED - Do not swim or dive without a lifeguard or coach present. Do not use the dryland training equipment without a coach present. Do not dive off the platform until you are cleared for takeoff by a coach. FOLLOW PROPER DIVING SKILL PROGRESSIONS - Master the basic diving skills first. For dives that are too complex for beginners to learn as a whole, develop skill mastery in the separate component parts, alternate between part and whole practice and continue to refine the parts. KNOW YOUR UMITATlONS - Fatigue, illness, alcohol or drug use can increase the risk of injury. Use good judgment to match your capabilities to the task difficulty. Get a preparticipation screening exam from a physician. Discuss any limitations with your coach. 13e physically and psychologically ready for participation in any diving activity. Warm up. Your physical conditioning level should match the demands of the skills. The best indicator of readiness to perform is a diver's ability to safely perform a basic lead-up skill with similar mechamcal requirements. Demonstrate good balance, safe distance, spatial orientation, sufficient strength, and good form to your coach. Consult with your coach before attempting a new or difficult skill. Avoid overtraining. KNOW AND FOLLOW POOL RULES - Know and follow the rules for pool users in each facility you dive. NO HORSEPLAY -Concentration is necessary from the initial step up the ladder until the final climb out of the pool. No double bouncing the springboard, unless performing drills for control under the direct supervision of your coach. KNOW EMERGENCV PROCEDURES - Whenever a diver strikes the head, it must be assumed that a neck injury IS involved. Cooperate with the coach or lifeguard in the case of an injury or emergency. ~ SAFETY POSTER 1- For more information about competitive dIving or additional educational materials, contact: U.S. Diving, Pan American Plaza, 20i S. Capitol Ave., Suite 430, indianapolis, iN 46225 Tel: 317/237-5252 Email: usdiving@usdlving.org Website: www.usdiving.org l!J!&fa 1iI1IIVlIIorG Chapter 2 Risk Management: Documentation Addenda 33 EXHIBIT "B" COMPETITIVE TEAMIPHYSICAL EDUCATION /CLUB TRAINING Pool practice/training schedule It is understood and agreed that there will be shared time with the William Shore Pool Winter/Fall and Spring Lesson Programs between the hours of 4:00 pm to 4:30 pm for High School, and 5:30 pm to 7:00 pm for Swim Club & Dive Club. Dorr, J , <<<~l m~"" <If''''-'', <Ill~ 0S'~. )X"~.~. r. 'Y1Pllmng $..At~" During High School Season Diving After High School Season September - February 5:30 pm - 7:00 pm 5:30 pm - 7:00 pm 3:00 pm - 4:00 pm 5:30 pm - 7:00 pm 5:30 pm - 7:00pm 3:30 pm - 5:30 pm 3:30 pm - 5:30 pm March - June Diving Summer Season June - August Diving //#M0, ~ ~,. {((.lllln!' r ~.; Man - Fri M-W-F Man - Fri Man - Fri M-W-F Man - Fri M- W-F Girls Season Boys Season September - November November - February 3:00 pm- 4:30 pm 3 :00 pm- 4:30 pm Po, . :tll::J(( "'~4'PII::J(( ,".....,'?il. .\ .,,;a~2Ll ~ "'..,~,l<;~ Morning PE Classes September - June 7:45 am - 8:45 am 8:50 am - 9:20 am 12:50 pm - 1:30 pm I :30 pm - 2:30 pm 6:55 am - 7:45 am Special Needs PE classes Connections PE classes Choice Morning Aerobics September - June September - June September - June Mon. - Fri. Mon. - Fri. Mon. - Fri. Wed. Mon. - Fri. Tues. - Thurs. M-W-F - S.5lPJ-;" ,. FORTANGELES WAS H I N G TON, U. S. A. PARKS AND RECREATION DE~ARTMENT WILLIAM SHORE POOL USE AGREEMENT THIS AGREEMENT is entered into this )~ d'L day of--= r ~ b r J a.reJ- ~ :J 0 () L by and between the CITY OF PORT ANGELES ("City") and The Port Angetes Swim Club, a non- profit corporation of the State of Washington, ("Swim Club"). IN CONSIDERATION OF the mutual promises and obligations contained herein, it is hereby agreed as follows: 1. POOLIFACILITY USE. The City hereby agrees to allow usage of the William Shore Pool ("Pool") by the Swim Club under the terms and conditions contained herein. The Swim Club, hereby agrees to use the Pool in accordance with the rules and regulations established by the City's Parks & Recreation Department, as provided in Exhibit "C", a copy of which is attached hereto and is incorporated herein by this reference, and which may be modified from time to time by the City. 2. TERM. This agreement shall commence on theL.Lday of JPv...vC\rJ AOl>Jl.. and shall terminate on .'3 J~ r "'3 ArlJArJ ' .J.(]tJ.L , subject to the Vright of either party to terminate this agreement with written notice provided to the other not less than 120 days prior to termination. 3. FEES. a. Fees shall be paid by the Swim Club as provided in Exhibit "A" (Competitive Teams Fee Schedule), attached hereto and incorporated herein by this reference. b. When applicable, as directed by the Parks & Recreation Director, a "cost to provide service" charge will be assessed at the rates listed in "Exhibit A" (Competitive Teams Fee Schedule), attached hereto and incorporated herein by this reference. c. By July 1st of each year fees shall be reviewed by the City and may be modified as required to meet pool budget objectives. 4. SCHEDULE FOR USAGE OF POOLIFACILITY. a. The Swim Club shall have full access to the pool, locker rooms, reqUIred equipment and other areas/spaces as provided in the schedule set forth in Exhibit "B" (Competitive Teams Training and Meet Schedule), attached hereto and incorporated herein by this reference. b. The schedule, set forth in Exhibit "B" shall be reviewed by both parties by July 1 st of each year and may be modified by the City as required to meet pool use objectives. 5. CANCELLATION OF POOL TIME. a. Provided written notice is given to the City within 10 days of any proposed cancellation dates, the Swim Club shall not be required to pay fees for such canceled time. Failure to provide written notice within said time period, or unreasonable and repeated cancellations of pool time, will result in full payment of fees. b. The Swim Club shall not be charged for any fees if pool time is canceled by the City. The City further agrees to notify the Swim Club with a minimum 30 day written notification if the pool will be closed, except in the case of an emergency which will negate the written notice requirement. 6. DAMAGE. After usage of the facility by the Swim Club, the pool and other areas used shall be returned to the same or similar condition that existed prior to such usage. In the event that damage to the facility is caused during the Swim Club's use of the facility, the City shall provide documentation of such damage and bill the Swim Club appropriately. 7. COACHING CERTIFICATION. All coaches for the Swim Club shall possess current certification in First Aid /CPR and Coaches Water Safety Training from American Red Cross. Additionally, all coaches shall have current certification from PNS, Pacific Northwest Swimming. Copies of certification cards from each coach shall be supplied to the Parks & Recreation Department. 8. INDEMNITY. The Swim Club agrees to defend, indemnify and hold harmless the City of Port Angeles and its officials, employees and agents from any damage claim or lawsuit for injury, illness, damage or other loss related to the use of the Pool under this agreement, except for injuries or damages caused by the sole negligence of the City. 9. INSURANCE REOUIREMENTS. Upon execution of this agreement and before using the Pool, the Swim Club shall supply a copy of its Certificate of Insurance, which shall document general liability insurance coverage of $1,000,000 for each occurrence and $2,000,000 in the aggregate for all insured, including coverage for participant liability of not less than $1,000,000 for each occurrence. The City shall be named as an additional insured by endorsement. Such insurance must be maintained during the term of this agreement with copies of the renewal certificate submitted to the City at time of such renewal. Additionally, the Swim Club shall maintain and keep in force and effect its membership with United States Swimming Inc. the'national sanctioning body, thereby keeping the United States Swimming Inc. insurance policy in force and effect as required in this paragraph. 10. CONDITIONS OF USE. The Swim Club shall comply with all pool/facility rules as defined in Exhibit "C" attached hereto and incorporated herein by this reference. Except as provided in paragraph 8, the Swim Club also agrees and acknowledges that the use of the Pool and all of its facilitIes, pursuant to this Agreement, is at the Swim Club's own risk. The Swim Club shall make every effort to take steps in their club policies to provide control measures for locker room supervision. The Swim Club specifically acknowledges that diving is prohibited except in the diving tank area or when using the starting blocks in accordance with appropriate progressive training and accepts all risks and responsibility for diving activity. 11. ENTIRE AGREEMENT. The parties hereto agree that this agreement contains the entire agreement entered into between the parties and that no other understanding, verbal agreements, or other terms exist other than as provided herein. 12. AMENDMENTS. The parties hereto agree that any amendments to this agreement will be in writing and mutually agreed upon by both parties. 13. TERMINATION FOR CAUSE If either party shall willfully violate any of the terms and conditions contained herein, such willful violation shall entitle the other party to terminate this agreement, provided that the party desiring to terminate for cause shall give the other party at least 30 days written notice specifying the particulars of any contract violation, and if at the end of such time, the party notified has not removed the cause of the complaint or remedied the purported violation, then termination of this agreement shall be deemed complete. 14. ASSIGNMENT. The Swim Club shall not assign this agreement without the express written consent of the City. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the date first above written. CITY OF PORT ANGELES By 10 ~tJ~ ~e -;s-w~ W G\<. Title R. <.. ~ f" -(. G >r-t CT ^- 5 Co r v, 'c:. <:...J h'I.4/\ a J Co' PORT ANGELES SWIM CLUB By~L . ame~'l"V'\ ~\t..)~ Title '~~\~tSr tL- ,t(] I~ Approved As T~orm CITY ATTORNEY EXHIBIT" A" FEE SCHEDULE Fee Schedule: Competitive swim and/or diving clubs shall be charged a rate oflifeguard's hourly rate plus 10% for FICA/Med benefits per hour for life guarding services not to exceed $9.75 per hour per guard. When applicable, as directed by the Parks & Recreation Director, (page 1, paragraph 3. Fees) a "cost to provide service" charge will be assessed at the rates listed below. Life Guard At cost of life guard(s). $7.10/hr to 8.83/hr. Plus 100/0 for FICA & MEDTX Supervisor At cost of supervisor. Between $13.50/hr and $26.91/hr Payment for services shall be paid monthly based on actual hours of use. USE OF COPIER Swim Club will have use of Swimming Pool Copier during practice times and swim meets. Swim Club will provide their own paper and will pay 1/3 of all charges for copier maintenance and supplies. EXHIBIT "B" COMPETITIVE TEAMIPHYSICAL EDUCATION ICLUB TRAINING Pool practice/trainine schedule It is understood and agreed that there will be shared time with the William Shore Pool Winter/Fall and Spring Lesson Programs between the hours of 4:00 pm to 4:30 pm for High School, and 5:30 pm to 6:00 pm for Swim Club & Dive Club. 5:30 pm - 7:00 pm Mon - Fri 5:30 pm - 7:00 pm M-W-F 3:00 pm - 4:00 pm Mon - Fri 5:30 pm - 7:00 pm Mon - Fri 5:30 pm - 7:00pm M-W-F June - August 3:30 pm - 5:30 pm Mon - Fri Diving 3:30 pm - 5:30 pm M-W-F Note: On Tuesday & Thursday any available lanes would be made available to the P ASC pool sharing until 6:00 p.m. During High School Season Diving After High School Season September - February March - June Diving Summer Season 7:45 am - 8:45 am 8:50 am - 9:20 am Mon. - Fri. Wed. Special Needs PE classes September - June Connections PE classes September - June Choice Morning Aerobics September - June 12:50 pm - 1:30 pm Mon. - Fri. 1 :30 pm - 2:30 pm Tues. - Thurs. 6:55 am - 7:45 am M-W-F Pool Meet Schedule Swim Club meet dates are subject to change Tentative schedule is as follows. Champs Meet Divisional January 12 & 13,2002 EXHIBIT "C" WILLIAM SHORE POOL COMPETITIVE TEAM/CLUB FACILITY USE RULES & REGULATIONS In addition to the City of Port Angeles established general pool rules, (attached) the following shall apply to all competitive teams or clubs while utilizing William Shore Pool. Coaches Responsibilities - 1. Coaches must not leave a practice or a meet event unattended. A coach must be present from the time athletes arrive until the last athlete has departed. 2. Coaches are responsible for controlling the actions of their swimmers in all areas of the facility. 3. Coaches are responsible for notifying pool personnel before allowing divers to use the starting blocks. Documentation of appropriate progressive training for such swimmers must be provided and witnessed by pool staff. 4. Coaches shall be responsible for moving the lane lines for their practice and meet needs. Upon completion, lane lines shall be returned to the proper lanes as directed by pool personnel. All training aids used on deck shall be removed and/or placed in designated storage areas upon completion of practice. Diver Responsibilities 1. All divers must shower before -entering pool. 2. Due to the sharing of the locker rooms with other programs, divers shall use designated shower and dressing areas, (far benches & shower tree). 3. Divers shall dive only in the authorized diving tank area in accordance with the appropriate progressive training as supervised by the coaches. Wll..LJAM ::iHU.HJ:: MEMORIAL POOL EXHIBIT C "A Place for Everyone to enjoy" WELCOME TO "WJLI:J;kM SHORB MBMORIAL POOL /I Below are some waY' to m~e four tiine here enjoyable anelsafe. We hope that you have a good time and come },acL soon. GENE~POOL RULES AND REGUIAnONS [8 Diving i. allowed in the diving tanL only. [8 pleue .bower }'efore swimming IE If you have a rash, open toni, cuts, !nf~ona or communicable disease you must stay out of the pool. [8 If you're not experienced, .tay in the ah~-uea, especially if you are a non-swimmer. children under 8 ye&1'I of age muat Le accompanied Ly ail .dult to ..aure their safety. POOL PATRONS CODE OF CONDUct.,' , IB Fut and rough play can be ~. YOu can hurl aomebody, inclucling yourself. For this reason we monot allow activitie8 such'd: . RUDIling (it'. .lippe.tY!) . . Dunlung , - :;.. . Hanging or sitting on float linet . Stunts, boneplay, ahoulder or bd~de8, etc. . Diving or jumping &om the side. of the diving Loarda . Hanging on Lan or ladder. . rEI PersonI under tit. uJluence of alcohol or'drug. will Le denied entrance. [8 Proper IWim attire u required. poolstal{ will have authority to deny anyone acces8 to the pool due to inappropriate awim wear. Swim wear wi& tranlparent material or of de.ign that does not provide .ufficient anatomical covezage for a family oriented puLlic p,innning pool may Le deemed inappropriate. [8 PatrOll8 .LaD reqect tit. rights ~f o~~ patrmY and .ball not annoy or intimidate others by . unnecel8,~ staring, following or intentiomJIy viewing othen. undenrater by \We of swim masb or ' goggles. Continuation of 8~g, following or intentionally vieWing after king requested 1y any:patron or pool personnel to atop such aCtivity sball1e a presumption that the acts are intended to annoy and/or intimidate and shall be groun. to'deny ac:.~esA ~ the pool.' . lB Most people don't ldte :being .plashed. p~ re&am fcolfi dohtg tlusr alld. ~e careful of Some dives (like seat dives), that Clause exci.eu liplashing. - . IB We cannot allow tkowing ring., mate, key., people, etc. lB People do not enjoy hearing profane language; it will not be tolerated. POOL EQUIPMENT RULES. ' [E Only one mat or ring per person, please. lE please do not move the fulcnun on the diving board. It i. to remain forward. IE Kickboanls are for lap swimming only. [8 Please ~eep mati or rings in the .hallow areas designated by the black line. rB Wearing life jackets is exceptahle for pre-school age children with an adult present during designated preschool swim timea. COURTESY TO om~RS MAKES IT FUN FOR EVERYONE [8 Those under 18 who can swim laps continuou'sly can use lap lanes during open swim only. IE Glass can break - then cut. please keep glw bottles out of the pool and dressing areas. IB Keep entrances and exits clear for fire and emergency safety.People congregating near them imped.e traffic. IE During open swim., please leave snorkels, face masks and personal flotation devices behind. IE We are not set up for eating or drinking. Food and beverages must he kept out of the pool, spectator area, and dressing areas to help maintain. sanitary conditions. lE Street shoes can carry contaminates into pool water. please keep them off the deck. ACORDw CERTIFICATE OF LIABILITY INSURANC~~~~i S1 DATE (MM/DDIYY) 02/01/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Risk Management Services Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 32712 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85064-2712 Phone: 602-667-1822 Fax: 602-274-9138 INSURERS AFFORDING COVERAGE INSURED USA Swimming etal Including INSURER A. LEXINGTON INSURANCE COMPANY USA swimmin~ Local Swimming Committees INSURER B Mutual of Omaha Port Angeles Swim Club INSURER C Attn: Pete Van Rossen PO Box 1056 INSURER D Port Angeles WA 98362 I INSURER E 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 I'~f: TYPE OF INSURANCE POLICY NUMBER b~'rlfM.r~iWW P8AI,}~1~r6W'rlWN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ A X COMMERCIAL GENERAL LIABILITY 0140165 12/31/01 12/31/02 FIRE DAMAGE (Anyone fire) $ 100,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ EXCLUDED ~ Participant Legal PERSONAL & ADV INJURY $ 1,000,000 ~ Liabili ty Incl GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APnS PER PRODUCTS - COMP/OP AGG $2,000,000 h n PRO- POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ~ $ ANY AUTO (Ea aCCident) I-- ALL OWNED AUTOS BODILY INJURY ~ $ SCHEDULED AUTOS (Per person) I-- HIRED AUTOS BODILY INJURY I-- $ NON-OWNED AUTOS (Per aCCIdent) ~ PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 A ~ OCCUR o CLAIMS MADE 8536242 12/31/01 12/31/02 AGGREGATE $8,000,000 $ R DEOUCTIBLE $ RETENTION $ $ WORKERS COMPENSA liON AND I ',IVY. s r ATU- :>1 IUER- EMPLOYERS' LIABILITY TORY LIMITS E L EACH ACCIDENT $ e--------- ---- E l OISEASE - EA EMPLOYEE $ El DISEASE - POLICY LIMIT $ OTHER B XS MED /DENTAL ACC T5MPSP 35054 01/01/02 01/01/03 Maximum 25,000 AD&D MaX:Lmum 5,000 DESCRIPTION OF OPERATlONSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Verif:Lcation of General/Excess Liabil:Lty for INSURED ACTIVITIES per attached. The Certificate Holder is included as Additional Insured per attached ADDITIONAL INSURED ENDORSEMENT EFFECTIVE CERTIFICATE ISSUE DATE. CERTlFICA TE HOLDER 1 y I ADOITlONAlINSURED; INSURER LETTER: CANCELLATION PORTA-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlDr DATE THEREOF, THE ISSUING INSURER WILLmIIllIIIK!lllIl MAIL ..3.L DAYS WRITTEN City of Port Angeles/ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU~ SHALL William Shore Memorial Pool IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn: Parks & Rec. Manager PO Box 1150 REPRESENTATIVES Port Angeles WA 98362 ~ORIZED REPRESENTATIVE ~\) .~ I II'- __ o. ~ ACORD 25-5 (7/97) -- '" ~r C)'O CORPORATION 1988 ATTACHMENT TO USA SWIMMING CERTIFICATE ADDITIONAL NAMED INSUREDS: 1. United States Swimming, Inc. Member Clubs for Insured Activities. (Please Note: Member Clubs must be in good standing, which means that all athletes and all coaches must be United States Swimming members.) 2. Any Member of United States Swimming, Inc., or volunteer, while acting on behalf of and With the approval of the Board of Directors of United States Swimming, Inc. DEFINITIONS: 1. United States Swimming, Inc. Member Clubs are clubs that are members in good standing with United States Swimming, Inc. and whose athletes and coaches are members of United States Swimming, Inc. 2. Sanction as dermed by United States Swimming, Inc Rules and Regulations. 3. Approved Meet as dermed by United States Swimming, Inc Rules and Regulations. INSURED ACTIVITIES: A. Swimming events where a United States Swimming, Inc. Sanction has been issued. B. United States Swimming, Inc. Approved Meets. C. Swimming practices where all participating athletes and coaches are members of United States Swimming. Must be held under the sole and direct supervision of United States Swimming, Inc. Member Coaches. D. Swimming tryouts under the sole and direct supervision of United States Swimming, Inc. Member Club Coaches. May not last for a period of more than thirty (30) consecutive calendar days in a 12- month period, for any individual. E. Learn to Swim Program where all participating athletes and coaches are members of United States Swimming, Inc. Must be held under the sole and direct supervision of United States Swimming, Inc. Member Coaches. F. United States Swimming, Inc. contracted Swim-A-Thons. G. United States Swimming, Inc. approved social events where alcoholic beverages are not sold. H. United States Swimming, Inc. approved fund raising activities. USSW29A E2F/SBlswllTllonn 2/1102-Jg ATTACHMENT TO USA SWIMMING CERTIFICATE POLICY NUMBER: 0140165 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - BLANKET OWNERS AND/OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy # 0140165 is amended to include as an additional insured any person or organization of the types designated below and as evidence by a Certificate ofInsurance issued for you by us or on our behalf, but only with respect to liability arising out of your operations: 1. Owners and/or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: A. This insurance applies only to an occurrence which takes place while you are occupying the premises; B. This insurance does not apply to Bodily Injury or Property Damage resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and/or lessor of the premises; C. This insurance does not apply to any design defect or structural maintenance of the premises by or on behalf of the owner and/or lessor. With respect to any "Additional Insured" included under the policy by this endorsement, this insurance does not apply to the sole negligence of such "Additional Insured". Effective Date: The effective date of this endorsement shall be the issue date of the certificate to which it is attached. USSW29A E2F/SBllMl'lmr~rm 2/110219