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HomeMy WebLinkAboutC-2138 - Sailing Lessons Between 17th & 18th Streets, Amendment to Contract No. 2012April 7, 1981 TO: FROM: SUBJECT: CITE' OF NEWPORT PEACH FINANCE DIRECTOR Citv Clerk Contract No. 2138 Description of Contract Hobie Newport for Sailing Lessons OFFICE OF THE CITY CLERK (714) 640 -2251 Agreement between the Citv and Effective date of Contract April 7, 1981 Authorized by Resolution No.9985 , adopted onFeb 23, 1981 Contract with Hobie Newport Adress Amount of Contract (see contract) Wanda E. Andersen City Cl--rk WEA:b City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 rl February 23, 1981 2y fhe CiTY 0i; ! � PORT &ZA CITY, COUNCIL AGENDA tsfT 64gC� ITEM N0. F_-R(b) TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches and Recreation Director SUBJECT: SAILING PROGRAM RECOMMENDATION: Authorize the Mayor to execute an amendment to the existing agreement with Hobie Newport which accommodates a sailing instruction program to include a recreation sailing club concept. BACKGROUND: The Parks, Beaches and Recreation Department currently provides sailing instruction in sabots, catamarans, lasers and shields. Catamaran and laser lessons are contracted,by City Council agreement, to Hobie Newport who provide all equipment, mainte- nance and staff in return for 75% of the registration revenue. This arrangement has allowed the Department to provide sailing instruction at a reasonable cost to participants without high initial capital costs for equipment. The service provided by Hobie Newport has been excellent and offers a unique recreational learning opportunity for our community. The existing agreement is attached for your information. PROPOSAL DISCUSSION: Hobie Newport has proposed the formation of a Recreation Sailing Club, as an additional service in our sailing program. The Departments current lesson program provides instructional sailing only. Boats are not available for recreational or free sailing. Hobie Newport has offered to provide the existing equipment for a recreational sailing club. This equipment would be available during non -class hours for sailing club members use. The Department would collect all membership fees, use fees, and handle boat reservations for 30% of the revenue received. The remaining 70% would be used by Hobie Newport for equipment maintenance, acquisition and site supervision. Membership in the sailing club would be open to all graduates of department sailing courses and to any individual who can successfully pass a written and practical sailing test. Club members will pay a session membership fee of $50.00 and receive a membership card which entitles them to use the boats MAYOR AND CITY COUNCIL Page 2 February 23, 1981 for 16 hours during the quarter. A schedule of use fees will be developed based on maintenance, replacement and overhead costs. It is anticipated that these fees will be based on a half day and whole day use of the boats. If additional time is desired after using the 16 hours, it may be paid for at the time of the reservation. A distinct advantage of this concept is that the ever increasing problem of launching a vessel is eliminated. The transport, parking and related conditions on the bay have become a major problem. Providing this service will hopefully improve or at least not increase the congestion now found on the peninsula. The Parks, Beaches and Recreation Commission reviewed this proposal at their meeting of February 3, 1981 and unanimously approved the recommendation. Xonald A. Whitley Attachement RESOLUTION NO. 998 5 A RESOLUTION OF THE CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOBIE NEWPORT TO INCLUDE A RECREATION SAILING CLUB CONCEPT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Amendment to Agreement between the City of Newport Beach and Hobie Newport to include a recreation sailing club concept; and WHEREAS, the City Council has reviewed the terms and conditions of said Amendment to Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said Amendment to Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Amendment to Agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 23rd day of February, 1981. Mayor 022381 pr A G R E E M E N T (Hobie Newport) 0 THIS AGREEMENT is made and entered into this 74t i day of clef Y 199/, by and between the CITY OF NEWPORT BEACH, A Municipal Corporation, hereinafter referred to as "CITY ", and HOBIE NEWPORT, hereinafter referred to as " HOBIE" W I T N E S S E T H WHEREAS, HOBIE proposes to conduct sailing lessons as part of the CITY'S recreation program; and WHEREAS, HOBIE proposes to include a recreation sailing club as an additional service in the CITY'S recreation program; and WHEREAS, CITY believes that said sailing instructions and sailing club would be beneficial for those wishing to take the course or join the sailing club and would thereby enhance the CITY'S overall recreation program. HOW, THEREFORE, in consideration of the following, the parties hereto agree as follows: HOBIE shall: 1. Provide an agreed -upon number of boats for instructional purposes; and 2. Provide an agreed -upon number of boats to be used for the recreation sailing club when not used for instructional purposes; and 3. Be responsible for loss of, and damage to, and all maintenance of the boats or any equipment thereon; and 4. Offer classes in sailing and other aquatic activities as delineated in the specific contract each quarter; and 5. Provide all students with the written materials and manuals appropriate to their classes; and 6. Shall receive seventy -five percent (75 %) of the course registration fees; and 1 0 M 7. Shall receive seventy percent (70 %) of the fees for sailing club membership. CITY shall: 1. Provide storage space on the beach in front of Marinapark for an agreed -upon number of boats used in the instructional program, and recreation sailing club; and 2. Establish and collect registration fees for the sailing program and recreation sailing club; and 3. Retain twenty -five percent (25 %) of the registration fees to cover administrative costs for instructional sailing classes. 4. Retain thirty percent (30 %) of the registration fees to cover administrative costs for recreation sailing club program. TERM This agreement shall be for a period of one (1) year commencing March , 1981, and shall be automatically renewed annually. TERMINATION This agreement may be terminated by either party at the end of a session, with or without cause, by giving thirty (30) days prior written notice of such intent to terminate. INDEMNITY HOBIE agrees to indemnify and hold CITY harmless from any or all liability or damage arising out of injury to persons or property which may occur during the course of conducting the sailing lessons and /or recreation sailing club activities. TNCTTPAMCP HOBIE shall, at all times during the term of this agreement, maintain in full force and effect, with respect to this agreement, a policy or policies of comprehensive liability insurance (bodily injury, including death and property damage) with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit, naming the CITY and its officers, agents, and employees as additional insured. This policy shall be primary and noncontributing 2 a w with any other insurance available to the City of Newport Beach, and will include a severability of interest clause. If this policy is cancelled or materially altered so as to affect the coverages, at least thirty (30) 'days prior written notice by registered mail of such cancellation or alteration will be sent to the City of Newport Beach, in care of the City Manager, 3300 Newport Boulevard, Newport Beach, California 92663. Said policy or policies shall be in a form satisfactory to CITY and certificates issued by the insuring company shall be submitted to CITY concurrently with the execution of this agreement. Certificates for each and any new or renewal policy or policies effective during the term of this agreement shall be submitted to CITY at least twenty (20) days prior to the effective date of such policy or policies. HOBIE shall obtain and maintain any necessary worker's compensation insurance for any person or persons employed by HOBIE to carry out the terms of this agreement, and shall provide CITY with a certificate evidencing such insurance coverage issued by an admitted insurer or a consent to self- insure issued by the State of California, Director of Industrial Relations. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. ATTEST: / City Clerk APPROVED AS TO FORA:, City Attorney 3 CITY OF NEWPORT BEACH, A Municipal Corporation l By yo HOBIE NEWPORT croromEamimagam NAME AND ADDRESS OF AGENCY Jay & Renfro Insurance Brokers P.O. Box 1607 Newport Beach, Ca. 92663 �LETTER cLETTEP W IA to OpavSS er INSUPff Hobie Newport 1700 W. Coast Highway Newport Beach, Ca. 92660 certify that policies of insurance Ilsted belt intract or other document with respect to [elusions and conditions of such policies. I IYPFGF N•:URr NCf GENERAL LIABILITY _OMPRi rd NElvE fOEM ! been issued to!" ins this certificate may be r0: Ir Y N.. . PREN!sc; cPFPnllo "s I BOW 135 422 I I e >F °.o�.oN ;.NO Cra APCF i' H4t ARl; i ❑vNU[a'afu'a'.rvC: an[nHC ' ❑CPERSi:.:; I,� F.AZAPC :1N1Y :,i1 "d.L !rJ' I IIENt)r u :.❑ I J L41 V')FN ) NII. c:_-O;ta AUTOMOBILE LIABILITY F !i � ,,t'RE•If N. .�. ❑_ H,nFO Nr'N.(niNEC EXCESS LIABILITY ❑ .IMNPf i i A i;PM r ' I�EP FenN JMHPF—'J. � ni)RM .WORKERS' COMPENSATION and I .' EMPLOYERS' LIABILITY i OTHER (Fire Legal Liab. )N OF OPERATIONS'LOCATIONS VEHOLES BOW 135 422 COMPANIES AFFORDING COVERAGES CDMPANY LE17EP ram dabu E areintorceatlhishme. Notwilhstandrg 2d or may pelt-: :. the insurance afforded by 1 ^e policies d Limits of List arry rey..n;,rn:-- Pill Or Eo tc, >` B 0(I LH fIN f I 1Fgr:it MPA NY r =aR - OMPANV ® . 4 -20 -81 I ^RGrEUrvuAr.lASE s C'JlAPAP,Y - -E - i P ram dabu E areintorceatlhishme. Notwilhstandrg 2d or may pelt-: :. the insurance afforded by 1 ^e policies d Limits of List arry rey..n;,rn:-- Pill Or Eo tc, 4 -20 -81 , $50,000. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn - pany will endeavor to Mail 10 days written notice to the below named certiticate holder, but failure to mail such notice shall impose DO obligation or liability of any kind upon the company, Additional Insured: n•r ANDr•.DDR =-S urc FRI'I WA'F uoI O s- -..... .....-- -...... -. _.. ..- - - -� Inc ., ,. City of Newport Beach CAiE ISSUEO____....._.April.. �_--- 1.98Q__...___ City Hall 3300 Newport Blvd. 4l 2 -\-z-1 Newport Beach, Ca. 92663 AUTHORIZED RE FSWAn Attn: Bill Brown, Safety & In%Attn: Bill Brown, Safety & Ins. Admit_ JAY & RENFRO 'E 0(I LH fIN f I 1Fgr:it BODaY uJL RY 4 j. b 4 -20 -81 I ^RGrEUrvuAr.lASE s i II HCfa!Y IN;I;!'n :Nil I P( PENIYgH4 ^' S 500, :• 500, IIIY Y 11 `AMAN ._. -� IOC I: Y IN J�.{tY ANJ tux1LRlN ' COMap�!D rtlMsINF.E? .__— _._....._ ._.__... ._.. .._._A: vl a eY I A 4 -20 -81 , $50,000. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn - pany will endeavor to Mail 10 days written notice to the below named certiticate holder, but failure to mail such notice shall impose DO obligation or liability of any kind upon the company, Additional Insured: n•r ANDr•.DDR =-S urc FRI'I WA'F uoI O s- -..... .....-- -...... -. _.. ..- - - -� Inc ., ,. City of Newport Beach CAiE ISSUEO____....._.April.. �_--- 1.98Q__...___ City Hall 3300 Newport Blvd. 4l 2 -\-z-1 Newport Beach, Ca. 92663 AUTHORIZED RE FSWAn Attn: Bill Brown, Safety & In%Attn: Bill Brown, Safety & Ins. Admit_ JAY & RENFRO t CID gi�'o /C> UD CD 0 r7l ft o e CITY OF NEWPORT BEACH TO: FINANCE DIRECrMR FROM: City Clerk SUBJECT: Contract No. 2138 Description of Contract CALIFORNIA Sailing lessons Authorized by Resolution No. 9684 f Effective date of Contract December 10, 1979 Contract with Hobie Newport Address Amount of Contract see contract City Hall 1700 W. Newport Hied. Area Code 714 DATE December 12, 1979 adopted on November 26, 1979 City Clerc r A G R E E M E N T r-� THIS AGREEMENT is made and entered into this ' day of , 19 7<j, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City ", and HOBIE NEWPORT, hereinafter referred to as "Hobie" W I T N E S S E T H WHEREAS, HOBIE proposes to conduct sailing lessons as part of the City's recreation program; and WHEREAS, City believes that said sailing instructions would be beneficial for those wishing to take the course and would thereby enhance the City's overall recreation program. NOW, THEREFORE, in consideration of the following, the parties hereto agree as follows: HOBIE shall: 1. Provide an agreed -upon number of boats for instructional purposes; 2. Be responsible for loss of, any damage to, and all maintenance of the boats or any equipment thereon; 3. Offer classes in sailing and other aquatic activities as delineated in the specific contract each quarter; 4. Provide all students with the written materials and manuals appropriate to their classes; and 5. Shall receive seventy -five percent (75 %) of the course registration fees. CITY shall: 1. Provide storage space on the beach in front of Marinapark for an agreed -upon number of boats used in the instruc- tional program; 2. Establish and collect registration fees for the sailing program; and -1- 3. Retain twenty -five percent (25 %) of the registration fees to cover administrative costs. 00010W This agreement shall be for a period of one (1) year commencing November , 1979, and shall be automatically renewed annually. TERMINATION This agreement may be terminated by either party at the end of a session, with or without cause, by giving thirty (30) days prior written notice of such intent to terminate. TMT)TPMi,TTR'V HOBIE agrees to indemnify and hold CITY harmless from any or all liability or damage arising out of injury to persons or property which may occur during the course of conducting the sailing lessons. INSURANCE HOBIE shall, at all times during the term of this agreement, maintain in full force and effect, with respect to this agreement, a policy or policies of comprehensive liability insurance (bodily injury, including death and property damage) with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit, naming the City and its officers, agents, and employees as additional insured. This policy shall be primary and noncontributing with any other insurance available to the City of Newport Beach, and will include a severability of interest clause. If this policy is cancelled or materially altered so as to affect the coverages, at least thirty (30) days' prior written notice by registered mail of such cancellation or alteration will be sent to the City of Newport Beach, in care of the City Manager, 3300 Newport Boulevard, Newport Beach, California 92663. Said policy or policies shall be in a form satisfactory -2- ��A 0 to City and certificates issued by the insuring company shall be submitted to City concurrently with the execution of this agreement. Certificates for each and any new or renewal policy or policies effective during the term of this agreement shall be submitted to City at least twenty (20) days prior to the effective date of such policy or policies. HOBIE shall obtain and maintain any necessary worker's compensation insurance for any person or persons employed by HOBIE to carry out the terms of this agreement, and shall provide City with a certificate evidencing such insurance coverage issued by an admitted insurer or a consent to self- insure issued by the State of California, Director of Industrial Relations. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. ATTEST: / I (\ City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By r� / Mayor HOBIE NEWPORT -3- 40 December 12, 1979 To: PB &R Director From: City Clerk ft CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Agreement between the City and Fobi.e Newport for Sailinq lessons Enclosed are two executed copies of the agreement between the City and Hobie Newport. Please tranm,i.t one copy to Hobie; the other copy is for your records. DORIS GEODE Citv Clerk DG : vnmo Elul City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 N M CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: PB &R Director From: City Attorney November 29, 1979 Subject: Agreement between City and Hobie Newport for Sailing Lessons I am transmitting herewith an orginal and one copy of the Agreement between the City and Hobie Newport. The Agreement was approved by the City Council on November 26, 1979. Please have the Agreement executed by Hobie Newport and return it to the City Clerk for execution by the Mayor and Clerk. attachments xc: City Clerk N/o attach) Nov 26 1979 By the CITY COUNCIL CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH November 26, 1979 TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches and Recreation Director SUBJECT: REVISION OF AGREEMENT WITH HOBIE NEWPORT RECOMMENDATION: DTMISSTON: 1 ;2- (j ) Nov 26 1979 By the CITY COUNCIL Adopt Resolution No. authorizinj'ITY OR N41N►ORT BEACH the Mayor and City Clerk to execute a revised agreement between the City and Hobie Newport for the purpose of conduc- ting sailing lessons between 17th and 18th Streets on the bay beach. Resolution #9304 (March, 1978) authorized the City to enter into an agreement with Hobie Newport for the operation of catamaran sailing lessons. The partnership has been satisfactory thus far, and has expanded into laser and windsurfing classes. Plans for spring 1980 include the possibility of kayaking courses. Staff has reviewed the existing agreement and has recommended certain changes be instituted. These amendments will allow staff the flexi- bility to manage the program effectively. The original agreement limits the contract to catamaran sailing and to a specified number (five) of boats. The revision permits staff to make seasonal allow- ances which reflect demand by the community. Specific numbers of boats and classes will be determined and controlled by staff; a specific Instructor's agreement will be negotiated quarterly to specify these items. Under the terms of the agreement, the CITY WOULD: 1. Provide a space for storage of an- agreed -upon number of boats that would be utilized in the program. 2. Collect all registration fees and retain 25% for administrative overhead. NEWPORT HOBIE WOULD: 1. Provide an agreed -upon number of boats for instructional purposes. 2. Provide instructors and sailing manuals. 3. Provide all necessary maintenance to the boats. 4. Provide insurance to the satisfaction of the City and issue the City a certificate of additionally insured. 5. Hold the City harmless of all incidents involving tt.�_ lessons and the equipment. 6. Receive from the City 75% of all revenues collected by the City for this program. 7. Provide Workmens Compensation for all employees. Ronald A. Whitley RW:h n —2138 40 40 RESOLUTION NO. 9684 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOBIE NEWPORT FOR SAILING LESSONS WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Hokie Newport in connection with providing sailing lessons; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the,City Council of the City of Newport Beach that said agreement above - described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this day of NOS " ; , 1979. MAYOR ATTEST: CITY CLERK HRC:ap 11/26/79