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93-29 v ' RESOLUTION NO. 93- 29 A RESOLUTION OF THE CITY OF ATLANTIC BEACH STATING THE POLICY OF THE CITY COMMISSION CONCERNING THE RENTAL OF THE CITY' S PUBLIC PUBLIC ASSEMBLY FACILITIES; WHEREAS , It is in the best interest of the City to encourage the maximum use of its public assembly facilities to benefit the Atlantic Beach Community, and WHEREAS , It is the intent of the City Commission to enhance and expand programs and activities meeting the need of all segments of the Community, and WHEREAS , The City must insure the best use of its public assembly facilities through an articulated policy, and WHEREAS , The Commission wants to insure a fair and equitable use of the City' s public assembly facilities for all its citizens and user groups . NOW, THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, as follows : SECTION 1. The City Manager is hereby directed to implement Appendix A hereto attached as the Commission' s policy for use of the City' s public assembly facilities . SECTION 2. This resolution shall take effect immediately upon its final passage and adoption. ADOPTED by the City Commission of Atlanti Beach, •rida thi . 23rd day of 1993 . August I .£ , SLA : A ';i1-lam I. i or• , Mayor/Presiding Offic- Approved as to form and correctness: /.,Ii an C. Jen, City Attorney ATTEST: Maureen King, City C erk1 APPENDIX A POLICY FOR PUBLIC USE OF THE CITY OF ATLANTIC BEACH FACILITIES PURPOSE: It is the purpose of this policy to provide a fair and equitable use of the City' s public assembly facilities for all its citizens and user groups . I. Definitions: (1) Public Assembly Facilities - Parks , Community Center, Commission Chambers, City Hall Conference Room and other city facilities which may be used for public assembly. (2) Non-profit Public Purpose - Use of the City's public assembly facilities by non profit corporations groups or individuals. (3) Non-profit Organization - An organization which has an IRS non-profit designation and/or State incorporation as a Non- profit Corporation. (4) For-profit Purpose - Use of the City' s public assembly facilities by for profit corporations , groups or individuals. (5) Security/Cleaning Deposit - A deposit required of all parties using the Center. (6) Fee - Amount charged by the City for use of its public assembly facilities . (7) Short-term Contract - A contract form to be used for groups or individuals using the City' s public assembly facilities less than 100 hours in any three months . (8) Long-term Contract - A contract form to be used for groups and individuals using the City' s public assembly facilities more than 100 hours in any three month period. All long term contracts shall be annual and in concert with the City' s fiscal year. -2- II. Commission Policy: Atlantic Beach citizens , employees , and the non-profit organizations of which they are members, who wish to use the City' s public assembly facilities no more than 100 hours per calendar quarter for a non-profit public purpose may do so without charge if approved by the City Manager or his designee. Citizens and employees may use the City' s public assembly facilities at no charge for weddings, anniversaries and birthday parties or other such like events. A financial statement must be filed in the City Clerk' s office for any user charging fees . Groups , individuals or businesses using the City' s public assembly facilities for profit purposes must pay for the use of the facilities . A for profit use of the public assembly facilities must have prior approval of the City Manager. All individuals , businesses or groups using any of the City' s public assembly facilities must give the City a $50 security/cleaning deposit. The deposit is refundable if no cleaning is needed, no damage has been done, and the key is returned. Use or sale of alcohol will not be allowed at the City' s public assembly facilities . Use of the City' s public assembly facilities must be scheduled through the following departments as follows : 1 . Community Center & Parks Recreation Department 2 . City Hall Conference Room City Manager' s Office 3 . Commission Chambers City Clerk Before any group or individual uses the City' s public assembly facilities , they must sign an agreement with the City for the use of the facility as follows: 1 . Long term contracted use of the City' s public assembly facilities as defined in (8) above will be negotiated by the City Manager or his designee. Final approval of long term contract will be made by the City Commission. 2 . Short term contracted use of the City' s public assembly facilities, as defined in (7) above, will be negotiated by the Recreation Director and approved by the City Manager. -3- 3. A financial statement must be filed in the City Clerk' s office for any user charging fees . 4. All users of public assembly facilities as defined in I . (1) , (2) , and (3) must execute a contract whether or not fees are to be charged for use of public assembly facilities . III. Fee Schedule governing For-Profit Organizations and after hours use: 1. Community Center. a. Short-term use fee is as follows: $25 for the first three hours . $10 for every hour beyond the first three hours . All users must leave a security/cleaning deposit of $50 with the City. b. Long-term use fee is as follows: Terms to be negotiated by the City Manager and approved by the City Commission. 2. Other City Public Assembly Facilities a. Short-term use as negotiated by the Recreation Director and approved by the City Manager. b. Long-term use as negotiated by the City Manager and approved by the City Council. 3. Special Fees As part of the negotiations process for long and short term rental of the City' s public assembly facilities, special fees are to be negotiated as part of the contract for the use of the City' s public assembly facilities when required. CITY OF ATLANTIC BEACH PUBLIC FACILITIES RENTAL CONTRACT This agreement is made and executed this day of , 1993 by and between the City of Atlantic Beach, Florida, a Municipal Corporation (hereinafter referred to as City) , and of , Florida. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS : 1. The City agrees to rent to the from to 2. The renter, in return for the use of the above mentioned facility, agrees to pay the City a fee of $ . A fee for a non-profit use will not be charged unless this is a long term contract, then any cost may be negotiated with the City Manager. 3. The renter further agrees to the following conditions: a. To a $50 refundable security/cleaning deposit. b. To allow no use of alcohol on City property. c. To charge no fees to the public unless approved by the City Manager. d. To provide the City with a financial statement, if fees are charged. e. To insure that all city and state laws are adhered to. f. To provide insurance as required by the City Manager. g. To adhere to the special conditions attached to this contract. h. To hold the City harmless. i. To allow no discrimination based on race, sex, age, religion, national origin or disability. 4 . Special Conditions : 5. This Agreement and the attached special conditions sets forth the entire Agreement between the parties hereto, and fully supersedes any and all prior agreements and understandings between the parties hereto pertaining to the subject matter hereof. Dated this day of , 1993. By Representing Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney Approved, Kim D. Leinbach City Manager