Agenda Item 4C - Recreation Program ContractsAGENDA ITEM:
SUUMJTTI!:O H\':
BACKGROllN D:
ULJOGET:
CITY OF ATLANTIC BEAC ll
CITY COMMISSlON MEETI NG
STAii'F llli i,ORT
AGENDA ITEM# 4C
SEPTEM BER 8, 2014
Contracts with Organ izations Providing Recreation Programs at City
Facilities
August 6, 2014
Timmy Johnson, Recreation Director
Several organization s have been offering recreational programs at City
facilities for many years. The Atlantic Beach Experimenta l Theater
(ABET) provides plays and theatrical events fot public participation and
enterta inment. Tennis professional Brecht Cata lan provides tennis lessons
on Atlantic Beach comts. In the past, each of these organizations entered
into a contract with the City of Atlantic Beach which included the
payment of a fee for the use of the facilities. These contracts have been
updated for City Commission approvaL
The organ iza ti on/person under co ntract prov id es opp01tunities for
inclusion and participation for low income residents who may not
ot herwi se be able to afford to participate.
The Yoga Instructor decided not to request a contract for next year.
We are waiting on additional information from ABAA, Atlantic Beach
Athletic Association.
The fee in the contracts is $200 for the year, which is consistent with
simil ar contracts in previous years .
RECOMM EN DATIONS: Authorize the City Manager to sign the attach ed contracts with
ABET, and tennis professional Brec ht Catalan
AnAC HM ENTS: ABET Proposed Contract
Ten n[s Professional Brecht Catalan Proposed Contract
REVIEWED BY CITY MANAGER : 2f; ~ ~
AGENDA ITEM # 4C
SEPTEMBER 8, 2014
CITY OF ATLANTIC BEACH
LONG TERM RENTAL CONTRACT
FOR PUBLIC FACILITIES
AGREEMENT made and entered into this day of at Atlantic Beach,
Florida Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a
Florida municipal corporation, 800 Seminole Road, Atlantic Beach 32233 (hereinafter
"City"), and Atlantic Beach Experimental Theatre of Atlantic Beach, Florida (904) 249-
7177 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
The Adele Grage Cultural Center Theater, and
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 October 1, 2014 through
September 30, 2015.
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.
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AGENDA ITEM# 4C
SEPTEMBER 8, 2014
b. No use of alcoholic beverages shall be permitted without the written permission
of the City Manager.
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 fmancial 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 ofthe 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.
1. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial 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 per key fee at Renter's expense.
k. 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.
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AGENDA ITEM# 4C
SEPTEMBER 8, 2014
1. 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.
m. 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: Adele Grage Theater
n. Renter will provide a mechanism to assure that children are not denied the
opportunity to participate due to their inability to pay the registration or
other related fees.
4. Additional provisions agreed upon by the City and Renter: The Adele Grage
Cultural Center is scheduled for use by several groups, sometimes at the same time.
The Recreation Department is responsible for scheduling use of the facility and
being as accommodating as possible. At the same time, groups using the
facility must show consideration for others using the facility.
The City and ABET have agreed to the following:
... ABET shall keep the facility clean and presentable for public showing and use
by others .
.. ABET shall be responsible for the building and its belongings while utilizing
the facility .
., ABET shall provide a reasonable use calendar for the length of the contract.
The City retains the right to rent the facility to others and use the facility for
City events .
.. Access to the facility will be based on the schedule of events shown on the
calendar.
All use of the facility must be scheduled through the Recreation Office in
Advance (one day notice).
.. ABET can request use of the community room and theater whenever the facility
Is available; with the understanding that paid renters have priority.
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,
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AGENDA ITEM # 4C
SEPTEMBER 8, 2014
and the City Manager or his designee may enter the facility and all of the
demised 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.
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 (1 0) 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 WHERE OF, we have hereunto set our hands and official seals this
____ day of __________ __
CITY OF ATLANTIC BEACH
By: ______________________ _
Its: -------------------------
"CITY" "RENTER"
9
AGENDA ITEM# 4C
SEPTEMBER 8, 2014
CITY OF ATLANTIC BEACH
LONG TERM RENTAL CONTRACT
FOR PUBLIC FACILITIES
AGREEMENT made and entered into this day of 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 Brecht
Catalan, Tennis Instructor of 12855 Green Meadow Place Jacksonville, FL 32246 (904) 241-4625
(hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
Jack Russell Park Tennis Courts 4, 5, & 6, and
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 October 1, 2014 through
September 30, 2015.
2. Amount and Time of Payment: Renter, in exchange for use ofthe facility, shall
pay to the City the annual fee of$200.00 plus the applicable Florida State sales tax,
unless a valid Florida tax exemption certificate is provided, for a total of$214.00 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.
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AGENDA ITEM# 4C
SEPTEMBER 8, 2014
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager.
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 ofthe 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 ofRenter's property.
1. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility of
the Renter.
J. Renter shall provide a written account of all keys 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 ofre-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 per key fee 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 term 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.
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
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AGENDA ITEM # 4C
SEPTEMBER 8, 2014
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 ofthe 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: Jack Russell Park Tennis Courts 4, 5 & 6
o. Additional provisions agreed upon by the City and Renter: None
4. Exclusive Use Dates and Times: See attached for schedule. The City retains the
right to rent and use the facility at other times not specified for use by the
Renter.
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 of the
demised 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.
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 (1 0) 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
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AGENDA ITEM # 4C
SEPTEMBER 8, 2014
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 bands and official seals this
__ day of ______ _
CITY OF ATLANTIC BEACH
By: --------------
Its: --------------
"CITY" "RENTER"
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