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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 Sawgrass me Wnt 100 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