Fernec Doner dba Argonaut Diving 12/3/2019

CITY EVERETT AGREEMENT rat THIS AGREEMENT is made and entered into on this 3 day of. by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Fernec Doner,dba Argonaut Diving, a Washington corporation, whose address is 919 Olympic Ave,Edmonds,Wa., 98020 herein after referred to as the "Contractor." WHEREAS, Forest Park Swim Center desires to promote S.C.U.B.A. for the general public by allowing the Contractor to rent the Forest Park Swim Center to instruct classes; and WHEREAS, Evergreen Dive Services is in the business of providing S.C.U.B.A. certifications and equipment sales; NOW THEREFORE, the City and The Contractor mutually agree as follows: 1. Rent. The Contractor shall pay the Forest Park Swim Center a rental fee of$65.00 per hour for facility usage during weekdays and $85.00 per hour for weekends. Facility use is on an "as available" basis and is primarily limited to 8:30pm-11:00 pm on Weeknight evenings. and 5:00- 7:30pm on Saturday and Sunday. Payment to Forest Park shall be due and payable prior to the start date of a each class session. The City may, at its sole option, increase the rental fee by giving Contractor thirty days written notice of the increased fee. If the Contractor objects to the increased fee, the Contractor may terminate this agreement by giving written notice of termination to the City within thirty days of the Contractor's receipt of the notice of increased fee. 2. Term. This Agreement shall commence on January 1, 2020 and shall terminate on December 31st 2020 unless terminated sooner as allowed by this Agreement. 3. Regulations. The Contractor shall comply with all applicable federal, state and city legislation, rules and/or regulations. The aforementioned include, but are not limited to, the following: A. Federal, state, and local health, safety and licensing laws and/or regulations relating to instruction of S.C.U.B.A., violation of safety regulations may result in immediate removal from the facility B. Everett Municipal Code C. Everett Parks and Recreation Department policies, specifically, the policy relating to pool agency rentals which shall be attached to this Agreement and incorporated by reference 4. Certified Instructors. Evergree Dive Services represents and warrants that it will provide adequate and competent supervisors and instructors who are trained in pool and water safety and shall only use P.A.D.I. and/or N.A.U.I. certified instructors. 5. Termination Of Contract. Either side may terminate with or without cause with a 30 day written notice.