Agenda Item 4BAGENDA ITEM # 4B
OCTOBER 8, 2012
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Contracts with Organizations Providing Recreation Programs at
City Facilities
DATE: September 28, 2012
SUBMITTED BY: Timmy Johnson, Recreation Director
BACKGROUND: At the September 24 City Commission meeting, Staff was directed
to put together a long term contract for Michael Grant Tennis
Academy to offer tennis instructions at Donner Park tennis
facility. The contract is for the use of one tennis court at Donner
Park for tennis instructions. Michael has provided a schedule,
insurance and a list of fees.
The contract provides opportunities for inclusion and
participation for low income residents who may not otherwise be
able to afford to participate.
BUDGET: The fee in the contract is $200 for the year, which is consistent
with other contracts.
RECOMMENDATIONS: Authorize the City Manager to sign the attached contract with
Michael Grant Tennis Academy
ATTACHMENTS: Michael Grant Tennis Academy Proposed Contract
REVIEWED BY CITY
AGENDA ITEM # 4B
OCTOBER S, 2012
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONGTERM
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 Michael Grant Tennis Academy, Tennis Instructor of
13401 Sutton Park Drive #213, Jacksonville, FL 32224, (904) 285- 8111
(hereinafter "Renter ").
WHEREAS, Renter desires to use the following public facility:
Donner Park Tennis Courts 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, 2012 through
September 30, 2013.
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 a 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 # 4B
OCTOBER 8, 2012
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 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 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 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 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 Parks
and Recreation Director under the general rules, i.e., a facility may be
requested for short tern use by applying for such use after the 15 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 15 day of January.
AGENDA ITEM # 4B
OCTOBER 8, 2012
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 form 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: Donner Park Tennis Courts
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.
AGENDA ITEM # 4B
OCTOBER 8, 2012
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
B ( AX 61a e qwr
Staff, "RENT 99
6G CITY 99
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Michael " ailt Vedra h, FL 3HU
AGENDA ITEM # 4B
OCTOBER 8, 2012
- rr-NNIS ACADEMx,
2012 — 2013 LESSON RATES FOR RESIDENTS OF CITY OF ATLANTIC BEACH
Cardio Tennis
Private Lesson
1/2 hour Lesson
Group Lesson Rates*
Lesson Package Rates
$45.00
$30.00
$15.00 (4 Person Minimum)
$200.00 (5) 1 Hour Lessons
*One Free Cardio Tennis Class Each Month. Maximum class size of 20
No Charge*
students /residents per month.
AGENDA ITEM # 4B
OCTOBER 8, 2012
SAMPLE MGTA TENNIS PROGRAMMING SCHEDULE
Tennis programs identified below will be offered at Donner Park. Schedules will vary and are subject
to change based on participation and resident demand.
Court #1 will be reserved for Full Time Instruction and Court #2 as needed.
MONTHLY & WEEKLY PROGRAMMING
MONDAY
gam -10 am
10:30 am -11:30 am
3:30 pm — 4:30 pm
4:45 pm - 5:45 pm
6:30 pm — 7:30 pm
TUESDAY
9:00 am -10:00 am
11:00 am — Noon
3:30 pm — 4:30 pm
5:00 pm — 6:00 pm
6:15 pm -7:15 pm
WEDNESDAY
9:00 am -10:00 am
10:15 am -11:15 am
3:30 pm -4:30 pm
4:45 pm — 5:45 pm
6:30 pm — 7:30 pm
THURSDAY
9:00 am -10:00 am
10:30 am -11:30 am
3:30 pm — 4:30 pm
FRIDAY
10:00 am -11:15 am
3:30 pm — 4:30 pm
4:45 pm — 5:45 pm
6:30 pm — 7:30 pm
SATURDAY
9:00 am —10:00 am
10:15 am -11:15 am
Stroke of the Week
Doubles Strategy
10 & Under Jr's. Clinic (Free Clinic)
Jr.'s Intermediate & Advanced Clinic
Beginner's Tennis Clinic
Intermediate Doubles Strategy
Advanced Doubles Strategy
10 & Under Jr. Clinic
Drop In Doubles Clinic
Next Level Training
Cardio Tennis
Resident Appreciation Clinic
10 & Under Jr. Clinic
Advanced Jr. Clinic
Cardio Tennis
Beginner's Clinic
Advanced Doubles Strategy
10 & Under Jr's Clinic
Disabled & Special Needs Clinic
10 & Under Jr.'s Clinic
Intermediate & Advanced Jr's Clinic
Friday Night Mixer
Beginner's Adult Clinic
Advanced Tennis Clinic
Dates to Be Determined: Social Mixer Round Robins; Potluck Mixer; Tennis Carnival; Holiday
Tennis Events