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Agenda Item 8F AGENDA ITEM#8F MAY 13,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: Contract with Ronald White aka Northern Pro Dog Trainers to provide dog obedience training DATE: April 12,2013 SUBMITTED BY: Timmy Johnson, •ecreation Director SRATEGIC PLAN LINK: N/A BACKGROUND: The Atlantic Beach Police Department has received a number of complaints and has been involved with a number of hearings concerning dangerous dogs. In an effort to reduce the number of complaints and hearings,Staff recommends offering dog obedience classes throughout the year. These classes will be designed to educate the dog owner as well as train their dogs, and will take place in various locations in the city. Ronald White has been training dogs for over twenty years. Classes will be eight weeks and cost$100 per class,which is consistent with other classes throughout the county. BUDGET: The Contractor will pay$200 to the city,which is consistent with other facility use contracts RECOMMENDATIONS: Authorize the City an ge Pro sign ng ea attached contract with Ronald White aka Northern ATACHMENTS: Proposed Contract REVIEWED BY CITY MANAGE_ AGENDA ITEM#8F MAY 13, CITY OF ATLANTIC BEACH RENTAL CONT' CT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of ,2013 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 Ronald White aka Northern Pro Dog Trainers of Atlantic Beach,Florida(904) 813-1636 (hereinafter"Renter"). WHEREAS,Renter desires to use the following public facility: Various Atlantic Beach Parks WHEREAS,Renter desires to use said public facility on a recurring basis such as daily,weekly,monthly,during a particular season,or the like,which is more than a one time use,and therefore a long term use,and WHEREAS,the parties are in complete agreement regarding the terms set forth herein. 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. Length of Rental Term: This agreement shall run from May 1,2013 through_ April 30,2014 2. Amount and Time of Payment: Renter,in exchange for use of the facility, shall pay to the City the annual fee of$200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all,is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees,with the City,to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager AGENDA ITEM#8F MAY 13,2013 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility,together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex,age,religion, national origin,disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the fmancial responsibility of the Renter. j. Renter shall provide a written account of all security key cards to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys,Renter will incur the cost of canceling the lost card and issuing a new one. One key will be provided at no cost to Renter and any additional keys will require a$20.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules,i.e.,a facility may be requested for short tem use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM#8F MAY 13,2013 1. Renter shall maintain at all times during the lease term at Renter's cost,a comprehensive public liability insurance policy protecting the 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 the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis,taking into account the length of the lease term,use of the public facility,number of persons involved in said use,cost of the insurance,and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability,defense costs,including other fees,loss or damage which the City may suffer as a result of claims,demands,costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Various Atlantic Beach Dog Parks o. Additional provisions agreed upon by the City and Renter:None 4. Exclusive Use Dates and Times: See attached 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition,with any necessary facilities and utilities,and in clean condition. 6. Control of Building: In renting said facility to Renter,the City does not relinquish the right to control the management and operation of the facility, and the City Manager or,his designee may enter the facility and all premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified,nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM#8F MAY 13,2013 8. Default: In case the 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 the Renter of written notice thereof given by the City, then the City,at its option,may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so,the City may cause such removal either with or without process of law,at Renter's expense. These expenses shall include,but not be limited to,reasonable attorney's fees incurred by the 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: Date: Its: "CITY" "RENTER"