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AQUATIC POOL USE AGREEMENTDocusign Envelope ID: 3F1DCA65-59B3-41B3-AE23-A2F9C4DA7079 AQUATIC POOL USE AGREEMENT This Aquatic Pool Use Agreement (the "Agreement") is made effective as of the date of last signature hereto ("Effective Date"), by and between Johns Hopkins All Children's Hospital, Inc., a Florida not for profit Corporation, with its principal offices located at 501 Sixth Avenue South, St. Petersburg. Florida 33701 ("JHACH") and City of Clearwater, a municipal corporation of the State of Florida, with principal offices at 1501 North Belcher Road, Suite 225, Clearwater, Florida 33765 (the "Long Center"). WHEREAS, JHACH desires to continue to use the Long Center's pool facility, including the therapeutic pool and Men and Women locker room, (collectively, the "Pool") for the purpose of conducting a pediatric (ages 0-21) aquatic therapy program ("Program") on the terms and conditions set forth in this Agreement, and WHEREAS, the Long Center desires to make the Pool available on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration the Long Center and JHACH agree as follows: Grant of License. The Long Center grants to JHACH a revocable license ("License") to use the Pool solely for the purpose of the Program. JHACH understands that the pool may be shared with other members of the Long Center. JHACH shall pay a License fee of Three Thousand Dollars ($3,000.00) per month payable on the first day of each month. JHACH shall use the pool during the times and on the conditions set forth in this Agreement and on the attached Pool Facility Schedule (the "Schedule"), attached hereto as Exhibit A. The Long Center or JHACH may modify the times and conditions set forth in this Agreement and on the Schedule upon mutual written agreement. II. Compliance with all Rules and Regulations. JHACH shall use the Pool in accordance with the terms and conditions of this Agreement, the rules and regulations as set forth on Exhibit B, and all applicable federal, state and local Taws. III. Term. The term of this Agreement shall commence on the Effective Date and remains in effect for a period of one (1) year (the "Term"). This Agreement shall automatically renew for successive one (1) year terms until terminated by either party. The Long Center shall have the right to suspend JHACH's use of the Pool in the event JHACH fails to comply with the conditions or rules contained on Exhibit B. Additionally, either party may terminate this Agreement at any time and for any reason upon thirty (30) days prior written notice to the other party. Docusign Envelope ID: 3F1 DCA65-59B3-4183-AE23-A2F9C4DA7079 IV. Utilities and Services. The Long Center shall provide maintenance and services to the Pool in accordance with its routine schedule and standards for the building of which the Pool is a part (the "Building'). V. Alterations. JHACH shall not redecorate, change or alter the Pool, nor shall JHACH display any signs or advertising on or within the Pool or Building, without the prior written consent of the Long Center, which consent the Long Center may grant or withhold in its sole discretion. VI. Personal Property. The Long Center is not responsible for loss of or damage to any personal property of JHACH, its guests, agents, employees or invitees, located within the Pool or Building. VII. Limitation on Special Damages. In no event shall either party be liable for any indirect, consequential, incidental, lost profits or like expectancy damages arising out of the Agreement. Notwithstanding anything contained herein to the contrary, this provision shall not be construed as a waiver of any immunity to which the Long Center is entitled or the extent of any limitation of liability to pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense the City of Clearwater may have under § 768.28, Florida Statutes or as having created any third party beneficiary. VIII. Insurance. See Exhibit C, attached hereto. IX. Surrender. JHACH shall surrender possession of the Pool to the Long Center at the conclusion of each use in good condition and repair. JHACH shall reimburse the Long Center for any and all costs the Long Center incurs to repair any damage to the Pool or other Long Center property or equipment to the extent caused by JHACH. X. Assignment. JHACH shall not assign its rights under this Agreement without the Long Center's prior written consent, which consent the Long Center may grant or withhold in its sole discretion. XI. Notices. All notices in connection with this Agreement shall be in writing, and shall be considered delivered when delivered if by hand or when mailed if mailed by United States registered or certified mail, return receipt request, postage prepaid, to the parties at the addresses below: Long Center: Mark Roberson, Recreation Supervisor 1 City of Clearwater, Parks & Recreation Department 1501 N. Belcher Road Clearwater, FL 33765 Docusign Envelope ID: 3F1DCA65-59B3-41 B3-AE23-A2F9C4DA7079 With copy: Art Kader, Director City of Clearwater, Parks & Recreation Department 100 S. Myrtle Ave. Clearwater, FL 33756 JHACH: Johns Hopkins All Children's Hospital, Inc. Tiffany Gooding, PT Director Angela Stone, OT Director 501 6th Avenue South St. Petersburg, FL 33701 With copy:, Johns Hopkins All Children's Hospital, Inc. Legal Affairs, Box 6500002700 501 6th Avenue South St. Petersburg, FL 33701 XII. Force Majeure. No party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to acts of God, strikes or other disturbances, including, without limitation, terrorist acts, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of such party. XIII. Non -waiver. No waiver by any party of a default or non-performance by the other party shall be deemed a waiver of any subsequent default or non- performance. XIV. Governing Law. This Agreement shall be construed and enforced in accordance with Florida law. XV. Entire Agreement. This Agreement (including all exhibits) is intended by the parties as the final and binding expression of their agreement and as the complete and exclusive statement of its terms. This Agreement supersedes all prior negotiations, representations and agreements between the parties, whether oral or written, relating to the subject matter of this Agreement. SIGNATURES TO FOLLOW ON NEXT PAGE Docusign Envelope ID: 3F1 DCA65-59B3-41 B3-AE23-A2F9C4DA7079 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. Signed: "JHACH' _JOHNS HOPKINS ALL CHILDREN'S HOSPITAL, INC. A,Signed by: F1 3L' iibt 1kst By: Favg-ancva. t. Justin Olsen, COO Date: 5/11/2026 Approved Legal - JHACii Countersigned: CITY OF CLEARWATER, FLORIDA By: Jennifer Poirrier City Manager Date: Docusign Envelope ID: 3F1 DCA65-59B3-41 B3-AE23-A2F9C4DA7079 TIME EXHIBIT A LONG CENTER POOL FACILITY SCHEDULE DAY OF THE WEEK 8:00 11:00 AM&1:00-4:00 PM MX TX W TX F X X Docusign Envelope ID: 3F1DCA65-59B3-41B3-AE23-A2F9C4DA7079 EXHIBIT B RULES AND REGULATIONS 1. JHACH shall hire and provide a Certified Water Safety Instructor ("Instructor") at all times to conduct its aquatics program held at the Pool. If requested the certification documents will be provided to the City within 14 days. 2. If the Instructor does not follow the Pool rules established by the Long Center, the Long Center will close the Pool. 3. If applicable, Instructor shall give swimmers a short swim test to determine if they can go into deep water. 4. JHACH shall require that the number of swimmers it invites to use the Pool does not exceed Pool capacity. 5. JHACH shall require that all persons authorized to use the Pool on behalf of JHACH shall follow all rules and directions from Long Center personnel regarding use of the Pool. 6. The Long Center reserves the right to eject any person from the Pool for any reasonable (objective and nondiscriminatory) reason. 7. JHACH has the responsibility to inspect the Pool before each activity, or other use of the Pool. Any material defects should be immediately brought to the attention of appropriate Long Center Pool personnel. 8. JHACH is responsible for maintaining the general cleanliness of the pool area and locker rooms with respect to equipment/linens used during the time of use, and will return said equipment to its original storage areas. If applicable, used linens will be placed into the appropriate used linen bags. 9. JHACH is responsible for compliance with American with Disabilities Act, as it relates to the event, performance, and services to be provided in relation to its use of the Pool for individuals with disabilities. Docusign Envelope ID: 3F1DCA65-59B3-41 B3-AE23-A2F9C4DA7079 EXHIBIT C CITY OF CLEARWATER INSURANCE REQUIREMENTS JHACH 2026 The JHACH referred to here as "Contractor" shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the Contractor's deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims- made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, bodily injury, personal injury, death, property damage, advertising liability, premises operations, products/completed operations, severability of interest, and contractual liability in the minimum amount of $1,000,000 (one million dollars) per occurrence and $3,000,000 (million dollars) general aggregate. b. Unless waived by the State of Florida and proof of waiver is provided to the City, Worker's Compensation (WC) & Employer's Liability Insurance coverage for all Contractor's employees engaged under the Agreement, Worker's Compensation as required by Florida law and Employer's Liability with minimum limits of: (a) $500,000 bodily injury each Contractor's employee and each accident, $500,000 bodily injury by disease each Contractor's employee, and $500,000 bodily injury by disease policy limit for quotes or agreements valued at $50.000 or less. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Contractor to include all Certified Water Safety Instructors ("Instructor") with minimum limits of $2,000,000(two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to Docusign Envelope ID: 3F1DCA65-59B3-41 B3-AE23-A2F9C4DA7079 cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third party losses, Contractor hereby grants the City a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City by virtue of the payment of any Toss under such insurance for liability and workers compensation coverages. Contractor agrees to obtain endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless of whether the city has received a waiver of subrogation endorsement from each insurer. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured" with respect to general and auto liability coverages. b. In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: P&R Department P.O. Box 4748 Clearwater, FL 33758-4748 c. Contractor shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material change or reduction in coverage. d. Contractor's insurance as outlined above shall be primary and non-contributory coverage for Contractor's negligence. e. Contractor reserves the right to appoint legal counsel to provide for the Contractor's defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor's equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor's obligation to provide the insurance coverage specified. Docusign Envelope ID: 3F1 DCA65-59B3-41 B3-AE23-A2F9C4DA7079 INDEMNIFICATION/LIABILITY: a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, to the extent relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services.