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Item 8B AGENDA ITEM #8B APRIL 26, 2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: Authorize the City Manager to enter into a contract with the Atlantic Beach Athletic Association SUBMITTED BY: Timmy Johnson, Parks & Recreation Director DATE: April 16, 2004 BACKGROUND: For the past several years, the City entered into a contract with Atlantic Beach Athletic Association for use of City facility to promote community sports. The programs are well organized, have great participation and are enjoyed by all. This contract has been delayed because we have been waiting on proof of insurance. RECOMMENDATION: Authorize the City Manager to enter into a contract with the Atlantic Beach Athletic Association ATTACHMENTS: ' REVIEWED BY CITY MANAG AGENDA ITEM #8B APRIL 26, 2004 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES ~„ LONG TERM AGREEMENT made and entered into this '/'~- day of ,~1 e u=~w-. to --v ~ , „~, 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 Atlantic Beach Athletic Association of 800 Seminole Road, Atlantic Beach, Florida (904) _249-2985 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: ~. Russell Park Ball fields A. B & Tee Ball and Concession Stand` and, WHEREAS, Renter desires to use said public facility. on a recumng 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 zun from, 10/1/03 through 9/3 0/04.. . 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 M~.nager 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 expFess 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 permissior~~tf the City Manager. AGENDA ITEM #8B APRIL 26, 2004 ~. 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 with its own 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 1Vlanager, g. Renter's use of the facility is not exclusive outside of the dates and time as ~* ~ set forth below. 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. ~. h. Renter shall be responsible for its own furnishings and equipment,and shall maintain the facility in a clean and Safe condition. i. Renter shall correct any discrepancies noted by the City. Should corrective action. be required by the .City, such action shall be the financial ~" ~ responsibility ,of the Renter. j. Any exclusive use shall be as, set forth below. ~'he use of the facility in °~ addition to the exclusive use periods shall be requested through the Parks and Recreation Director under the general rules, i.e., a facility may be requested for short tem use byapplying 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 he month. of February could apply for such use after the 1 Sth day of January. ~ 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 qne 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. AGL+'NDA ITEnI #8B APRIL 26, 2004 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, 1. - 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: Russell Park- Ball fields A B & Tee Ball and Concession "Stand m; Additional provisions agreed upon by the City and Renter; n. -.Exclusive Use Dates and Times: See attached - o, Delivery of Facility: The City shall deliver the facility to Renter in goad ~ - `working,condition, with any necessary facilities and. utilities, and. in clean eQnditiQn, -p. :Control of Building: In renting said facility to Rehter, the City does not - relinquishthe 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. q, Assignment: Renter shall not assign this agreement nor suffer any use of the.faeility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. r, Default: Tn: case the. Renter shall default i.n.the performance of any covenant or agreement contained herein, and such default shall continue. for ten O: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 ineuired by the City, whether suit is filed or not. ~. ~,. ~. AGENDA ITEM #8B APRIL 26, 2004 IN WITNESS WHEREOF, we have hereunto set our hands and official seals this _ day of CITY OF ATLANTIC BEACH Bv: ~ t 1 n AGENDA ITEM #8B APRIL 26, 2004 Atlantic Beach Athletic Assoc ,~ „/1zro3 Profit & Loss January 1 through November 12, 2003 w Jan 1 -Nov 12, '03 Ordinary Income/Expense Income Concession Sales (Gross) ~ Grants Registration Fees Sponsors Uniform Sales Total Income Expense. Advertising ~"" Signs; 4' x 4' Sponsor Slgn Advertising • Other Total Advertising bank Service Charges Charitable Contribution Concession Supplies Dues and Subscriptions p~ Field Supplies Honorarium Insurance Accident Board Liability Liability Insurance Total Insurance Maintenance 8 Repairs Miscellaneous Office Supplies Post Season ~ 10 8 U All Star Softball 12 & U AlI Star Softball 8 8. U All Star Softball Major League All Stars Minor League All Stars Rookie League All Stars Post Season -Other Total Post Season Postage and Delivery Printing and Reproduction Promotional Coaches Game "~' Fall Farewell Rookie Night trtvia,pants/cup sales etc Promotional -Other Total Promotional Supplies Tax, 941 payroll tax '~+ Taxes, other Team Equipment Telephone Travel & Ent aw Weals Total Travel 8 Ent Umpires +~ Uncategorized Expenses Uniforms 8 Trophys 39,281.18 2,aoo.oa 68,053.62 15,675.00 331.80 125,341.60 34.50 858.16 892.66 169.25 2,150.00 28,292.56 375.75 2, 017.45 673.95 ' 1, 286.00 500.00 1,014.00 2.800.00 5.662.6 i -48.27 1,211.90 1, 673.63 544.00 300.00 150.00- 150.00 480.00 5, 313.77 8,611.40 37.76 .555.83 486.95 1.256.96 100.00 50.00 873.84 2,767.75 200.38 1, 816.43 70.00 15,614.84 598.75 • 45.92 45.92 15,869.80 311.23 20,053.35 Atlantic Beach Athletic Assoc 11,12!03 Profit & Loss January 1 through November 12, 2003 Jan 1 -Nov 12,'03 Wages Grass ~'" Concession Labor Brian Nicol Brice Mihaley Caleb Sarvis ~' Danny Lynch Jeff Flores Saan Synnes Sean West Total Concession Lobar Field Labor Total Gross ~ Medicare Concession. Labor Brian Nicol ~, Brice Mihaley Caleb Sarvis .Danny. Lynch Jeff Flores Seah Synnes Sean West , Total Concession Labor ~ Field Labor Total Medicare Social Security Concession Labor ~ Brian Nicol Brice Haley Caleb Sarvis. ~ Oanny Lynch Jeff Flores Sean Synnes Sean. Wert ~, Total Concession Labor Field Labor Total Social Security Withholding Field Labor Total Withholding Total Wages Total Expense Net Ordinary Income Net Income •~ * 662.75 O.GO 182.00 1,991.28 213.75 .3,095.67 547.50 6,692.95 2,800.00 3.432.95 -9.15 0.00 -2.64 -28,85 -2.62 -44.85 -7.88 -96.03 -4o.5s -136.59 -41.49 0.00 -11.28 -123.47 -13.72 -191:52 -33.95 -415.83 -173.60 -589.43 -165.30 -165.30 8,601.63 119,352.99 5,988.61 5,988.61 AGENDA ITEM #8B APRIL 26, 2004 -far-31-04 12:44P Bahri MAR-31-2004 WED 11 27 Ali K & K 904 FA!{ N0. 2604595120 AGENDA ITEM #8B APRIL 26, 2004 CERTIFICATE ~F INSURANCE ~"°"'~0'~"°°"" 0999218 3/31/04 PRODUCER TMtS CERTIFICATE IS 133UED AS A MATTER Of INFORlIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS K & R Insurance Group, Inc. CERTIle1CATE DOES NOT AMEND. EXTEND OR ALTER THE 1712 Magnavox Way COVERAGE AFFORDED BY THE POLICIES ti@LOW. P . 0 . Sox 2338 Fort Wayne, In x6801 COMPANIES AFFORDING COVERAGE INSURED COMPANY A L TIER NRTIOAII~IIDfi LIFE INSURANCH COMP BABE RUTH LBAOVE, INC. (5EE ZC17348) COMPANY PO BOX 5000 770 BRUNSWICK AVENUE B GREAT AMERICAN ASSURANCE COMPA LETTER 1 TRIIVTC+N, NJ 08638 COMPANY C LETTER COVERAGES TMIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L19TED BELOW HAVE EiEBN 195UED TO THE INSURED NA1~IE0 ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY OONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICn THIS CERTIRICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUtaIECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POLIC IEB. UMRS SHOWN MAY HAVE BEEN Rt.DUCED BY PAID CLAIMS. CO EFFECTIVE PIOLIC,Y E)0'IRATION . TYPE OF INSURANCE POLICY NuOABER TE O~DD~'/Y) CMl'F O~a~'~ LUuUTS (il Rloutgndn) LTR Garlaal LlabitRr 12 : OlAM 12 : OlAM General I1rwlar f NONE g ~ Commet>;id General Liability MAC 0 5 6 617 0 7 0 0 2/ 0 1/ 0 4 2/ 01 / 0 5 ~~t+-~'~0~ AYQ~e i 10 0 0 Claims Msde ®Oca+r, ~ Pvtanl a AareglaJlp w+i~tr i 1000 ^ owners s oorltracl«s Prot. t~ ~~ s 100 0 ^ Fin a.m.0. (Any on. trot 1 3 0 0 Meafeal e~.e.. Wy oes versonl i PoAdPem t,.o.l ueeixy S AutomoAik LladNity 12 : D LAM 12 : O LAM Cainbani4 Single B ^~y~ MAC0566170700 2/01/04 2/01/05 Linn 1 1000 8 AI owned autos Bod1V ~iur seRaeuled autec i Mired autos eodlM IAA Narrowned autos _ n ar~pe L°trlfitY o s Exeess LiabiMly O E +rr~ oe Ayyapile ^ eo i in ^ Other than Umwalla Ibrrrl ~ : t}Y«ters' CompMwtion 'N a,nd S tlii+I AotkeM Elnploy.rd t.iahilMy i Di...e.POligl L4rIM : oi.....-ee~ 12:OlAM 12:OlAM A08D i 10 A Participant gpP0000365200 2/01/09 2/01/05 Prkna Msdiod i 250 Aaidad E:cess Medical ; W 1 i X NO DESCR~'T1pN OF OPERAT10N61LOCATIO~MCLE31RtSTRIGT10N9/SPEQAI. R1sNS CERTIFICATE HOLDER IS AN ADDITIOL~AL INSURED WITH RESPECT TO 'THE ATLANTIC REACH AA, 12t:U SB BABE RUTH Ll3AiGUE, 18t:U' SS BA85 RUTH LEAGUE P8R FORM GAC3531CG. ERS AND R L$$SORS OF THE 5 ONSORS - CERTIFICATE MOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE THIS CERTIFICATE VOIDS & REPLACES CANCELLED BEFORE THE EXPIRATION DATE THE-REOF, THE CERTZFICATBiI 098 8054 ISSUING COMPANY W1l.L ENDEAVOR TO MAIL T~ DAYS ATLANTIC BEACH ATHLETIC ASSN. VYRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 70 CITY OP RTL7-NTZC 9SACH THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 08uGA110N OR tJ/1B0.1TY OF ANY KIND UPON THE 800 SEMINOLB ROAD ITS AGENT OR REPRESENTATIVES. COMPANY ATLANTIC BEACH, F'L 32233 , ~urnoluxEO art ~ ~ MM~I I