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