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
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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 ,
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