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HomeMy WebLinkAboutResolution No. 26-40RESOLUTION NO. 26-40 A RESOLUTION APPROVING A RENTAL AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND COASTAL KICKS AUTHORIZING COASTAL KICKS TO PROVIDE SOCCER PROGRAMMING AT JACK RUSSELL PARK AND ROSE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in partnership with the City of Atlantic Beach, the nonprofit organization Coastal Kicks operates the community's youth soccer program at Jack Russell Park and Rose Park; and WHEREAS, formalizing the partnership contractually streamlines the approval process and ensures consistency in communication, expectations, responsibilities, and deliverables; and WHEREAS, this agreement reflects the City's broader policy objective of maintaining transparency, fairness, and accountability across all community partners. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach: SECTION 1. The City Commission hereby approves a rental agreement (attached) between the City of Atlantic Beach and Coastal Kicks to provide soccer programming at Jack Russell Park and Rose Park. SECTION 2. The City Commission hereby authorizes the city manager to execute the agreement. SECTION 3. This Resolution shall take effect immediately upon its passagte� and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this n�d f �ar2026. Curtis ord, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: K-\ �= Jasbriel, i ney CITY OF ATLANTIC BEACH RENTAL AGREEMENT FOR JACK RUSSELL PARK AND ROSE PARK SOCCER FACILITIES AGREEMENT made and entered into this —day of 2026 at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and COASTAL KICKS SOCCER, INC. of Atlantic Beach, Florida, 457 Snapping Turtle Court W, Atlantic Beach, FL 32233 (hereinafter "Renter"). WHEREAS, Renter desires to utilize the Jack Russell Park and Rose Park Soccer/Open Fields Facilities (hereinafter "Facilities") for the purpose of administering the Atlantic Beach community's soccer program for boys and girls in partnership with City; and WHEREAS, Facilities include the Soccer/open field and associated common areas at Jack Russell Park and Rose Park; and WHEREAS, Renter desires to use Facilities on a recurring basis such as daily, weekly, monthly, during particular seasons, or the like, which is more than a one-time use; and WHEREAS, City acknowledges that Renter is providing a valuable Recreational function for the Atlantic Beach community NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Rental Term: This terms and conditions of this Agreement shall commence upon the date of the execution of this agreement. 2. Amount and Time of Payment: Renter, in exchange for use of Facilities, shall pay to City an annual fee of $1.00 at the time of signing this Agreement. Coast Kicks Soccer, Inc. also agrees to pay for two hours of Park Ranger coverage if games are scheduled on Friday and Saturday night after 8pm (on game nights) at a rate of $39.68 per hour. City shall invoice Renter, accordingly, following each season. Before the Agreement is executed, Renter shall provide City with: evidence satisfactory to the City Manager of Renter's non-profit status; and (2) proof of a comprehensive $1,000,000.00 public liability insurance policy naming the City of Atlantic Beach as additional insured. 3. Termination/Renewal. This Agreement terminates on December 31, 2026, and may be automatically renewed for a one-year period beginning January 1, 2027 and terminating on December 31, 2027, upon written confirmation by the parties (which can be via email), and annually thereafter, as long as Renter is not in default of this Agreement. It also may be terminated upon thirty (30) days' written notice by either party, provided such termination date occurs after the conclusion of a scheduled Soccer Season or tournament. Such notice shall be mailed or hand delivered to the following addresses: (a) Atlantic Beach, FL 32233 ATTN: City Manager 800 Seminole Road Atlantic Beach, FL 32233 (a) Coastal Kicks Soccer, Inc. ATTN: Michael Stauch and Jay Golomb 457 Snapping Turtle Court W Atlantic Beach, FL 32233 4. Conditions: This Agreement is made and entered into upon the following express covenants and conditions every one of which Renter hereby covenants and agrees to abide by and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. Non -soccer activities, equipment, or outside vendors may not operate without prior written City approval. b. No sale, distribution or use of alcoholic beverages shall be permitted without the written permission of the City Manager. c. A financial statement satisfactory to the City Manager shall be provided for 2025, (and if requested by the City Manager, for any previous years). Effective on January 1, 2026, Renter shall provide quarterly financial statements satisfactory to the City Manager. Further, commencing on January 1, 2027 (for the year of 2026), and no later than April 15 of each year, Renter shall submit a Certified Public Account's (CPA) compilation report and complete set of financial statements for the previous year, which includes: (i) Statement of Financial Position (Balance Sheet) showing assets, liabilities, and Net Assets at a specific date; (ii) Statement of Activities (Income Statement) detailing revenues (contributions, fees, etc.) and expenses, showing the change in net assets for the period; (iii) Statement of Cash Flows reporting how income and balance sheet changes affect cash and cash equivalents; and (iv) Statement of Functional Expenses classifying expenses by both function (e.g., Program Services, Management & General, Fundraising) and nature (e.g., salaries, utilities). City shall have the right at any given time to audit Renter's books and records related to revenues, scholarships or any financial/monetary aspect of this Agreement. Additionally, prior to youth utilizing the fields each Soccer Season while this Agreement is in effect, Renter shall provide the following to the City: (i) a list, contact information, and titles of board of directors' members; (ii) a list and contact information of league coaches, including confirmation of abuse prevention training and background checks; and (iii) a report listing the number of players, their City and zip codes, and gender. Registration, shall be capped at 100 players per facility per day. Renter shall in good faith offer registration priority to City of Atlantic Beach residents. Renter shall submit a plan for the implementation of said resident registration priority to the City documenting such City - priority for each Soccer Season, prior to the commencement of each season. d. Renter shall ensure compliance with all city, state and federal laws, including but not limited to any rules, policies, requirements and regulations of the City (and the County) for the safe operations and management of the Facilities and public health and safety protocols. Page 2 of 6 Rental Agreement for Russell Park & Rose Park Soccer Facilities e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, and disability or otherwise. Renter shall actively promote that the program is equally open to boys and girls. f. Renter shall make no alterations to Facilities without the express written consent of the City Manager or his/her designee. g. City shall be financially responsible for standard public utilities (electric, water, sewer) associated with Facilities and will provide adequate turf. h. Renter shall correct any discrepancies noted by City. Should City require corrective action, such action shall be the financial responsibility of Renter. j. Renter's use of or responsibility for Facilities is not applicable outside of the dates and times as set forth in this Agreement, unless reservations have been made through the City. k. Renter shall provide a written account of all keys to Facilities in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re -keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 per key fee at Renter's expense. 1. This is not an exclusive -use Agreement; public access to and use of the Facilities is a high City priority. As such: (1) The soccer fields shall always remain unlocked, except with written consent from the City Manager and/or designee, in such cases the City will unlock the fields and (2) other organizations and individuals may request short-term use of Facilities specified herein by applying with the City (through the Recreation Division) for such use. m. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to City satisfactory proof or evidence of such insurance and shall name City as an additional insured under said policy. Renter shall provide to City annual certificates of insurance (COIs) at least thirty (30) days prior to any renewal/expiration. Renter shall notify the City immediately in writing of any claims/incidents in writing, and in any event no later than three (3) days after the filing of any incident or claim. n. Renter agrees to indemnify, defend (which shall be inclusive of any and all attorneys' fees, costs and expenses) and hold harmless City from any and all liability, defense costs, including other fees, loss or damage which City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in, negligence committed by or violations committed by Renter (or any of Renter's agents, affiliates, participants, spectators, invitees, representatives or otherwise ("Invitees") in its use of Facilities. Page 3 of 6 Rental Agreement for Russell Park & Rose Park Soccer Facilities Renter assumes liability for any and all of its (and its Invitees') activities and operations conducted on, in and around the Soccer Fields. o. Additional provisions agreed upon by City and Renter: Renter will actively recruit in low- income areas, and provide scholarships, "work for play" or another other mechanism to assure that boys and girls are not denied the opportunity to participate due to their inability to pay the registration or other related fees. The Renter will provide a detailed summary of its scholarship program. p. Renter shall act in good faith in carrying out this Agreement; as such, Renter will relinquish the use of Facilities for times that they are not used, nor will it disparage or otherwise undermine City or any of its staff, or any other entity or individual using Facilities. 5. Soccer Field Use. Generally, Renter shall have year-round priority use of the Soccer Fields at Jack Russell Park and Rose Park between August 1 and June 30. The specific dates and times must be approved through and by the Recreation Department upon the publication of Renter's season schedules. 6. City Reservations. City may reserve "Blackout" dates during City-wide events in the parks at its sole discretion. The City retains the right to use the Soccer Fields, or allow others to use the Soccer Fields, at times not specified for use by Renter. The Renter shall not conduct practices or any other operations outside of the specified fields. 7. Delivery of Facilities: City shall deliver Facilities to Renter in working condition. Facilities include the soccer/open fields that the City designates or removes therefrom in its sole discretion. Renter agrees and understands Facilities' use may be delayed or suspended during the time necessary for completion of repairs or improvements. The Renter shall compensate one City Park Ranger to monitor trash and clean restrooms if play occurs after 8pm on Friday, Saturday, and Sunday evenings. 8. Thor Guard: Renter shall follow alerts from Thor Guard lightning prediction system while on site. Unlike traditional systems that detect lightning after it strikes, Thor Guard measures atmospheric conditions to predict lightning before it occurs. These advanced systems predict lightning strikes by analyzing the electrostatic energy in the atmosphere, providing warnings 8 to 20 minutes before a potential cloud -to -ground lightning strike within a 2 -mile radius. The systems will be operational between 8 a.m. and 9 p.m. daily. o Warning Signals: o A 15 -second uninterrupted horn blast will sound. o A white strobe light will activate and continue flashing until the threat has passed. o All Clear Signal: o The horn will sound three short 5 -second blasts. o The strobe light will turn off. Safety Guidelines: Page 4 of 6 Rental Agreement for Russell Park & Rose Park Soccer Facilities o Seek Shelter Immediately: Upon hearing the warning horn or seeing the strobe light, go indoors or into a fully enclosed vehicle at once. o Remain Sheltered: Stay inside until the all -clear signal is given. o Exercise Caution: Even without a warning, always use your best judgment during threatening weather Renter shall train all coaches/volunteers on Thor Guard. 9. Control of Facilities: In renting said Facilities to Renter, City does not relinquish the right to control the management and operation of Facilities, and the City Manager or his designee may enter Facilities and all of the demised premises at any time and on any occasion. 10. Assignment: Renter shall not assign this agreement nor suffer any use of Facilities other than herein specified, nor sublet Facilities or any part thereof, without the written consent of City. 11. Public records: Renter agrees to comply with the public records provisions contained in Exhibit A attached hereto and made a part hereof 12. Prior agreements: This Agreement supersedes all prior agreements eered into between the parties and all such agreements shall be deemed null and void and of no further force or effect upon execution by all parties to this Agreement. 13. Modifications: Modifications, amendments, or alterations of the terms or conditions of this Agreement are permitted via written documents executed by the parties hereto. For the purposes of such changes, the City Manager serves as the authorized signatory and retains the authority to bind the City to any such modifications. 14. Matters not addressed: Any matters pertaining to the usage of Facilities that are specifically not addressed in this agreement, in City's written policies or guidelines, or in City's Code of Ordinances, shall be decided by the City Manager. 15. Authority to Execute: The undersigned individual executing this Agreement on behalf of Renter represents and warrants to the City that: (i) Renter is a duly organized and validly existing nonprofit organization under the laws of the State of Florida (or the applicable state of formation); (ii) Renter has full power and authority under its governing documents and applicable law to enter into this Agreement and to perform all of its obligations hereunder; and (iii) the execution, delivery, and performance of this Agreement have been duly authorized by all necessary action on the part of Renter, and this Agreement constitutes a valid and binding obligation of Renter, enforceable against Renter in accordance with its terms. The individual signing below on behalf of Renter further represents and warrants that he or she has been duly authorized to execute and deliver this Agreement on behalf of Renter and to bind Renter to all terms and conditions herein. 16. DEFAULT: In case Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by Renter of written notice thereof given by City, then City, at its option, may terminate this Agreement in its entirety. In that event, Renter shall immediately remove all persons and its property from Facilities, and failing to do so, City may cause such removal either with or without process of law, at Renter's Page 5 of 6 Rental Agreement for Russell Park & Rose Park Soccer Facilities expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by City, whether suit is filed or not. IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Kevin Hogencamp Signature COASTAL KICKS SOCCER, INC. By: Michael Stanch Signature By: Jay Golomb Signature WITNESSED: By: Kevin Hogencamp Signature Tl# ?qty Manager 41 Title: Club Director Title: Executive Director Page 6 of 6 Rental Agreement for Russell Park & Rose Park Soccer Facilities PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida Section 119.0701. Public Records (a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, DBARTLE(a,COAB.US, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws, specifically to: Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt for public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. (c) Failure to provide the public records to the public agency within a reasonable time may subject the contractor to penalties under s. 119.10 and s. l 19.0701(4), Florida Statutes. Note: Section (a) above must be in at least 14 point boldfaced type Public Records Provisions, Page 2 PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida This is to confirm that we have received the Public Records Provisions Signed: Company: E -Mail: Public Records Provisions, Page 1 Print: Phone: Date: