Item 4B Recreation Programs ContractsAGENDA IT EM:
DATE:
SUBMITTED BY:
BACICGROUND:
BUDGET:
RECOMMENDATIONS:
ATTACHMENTS:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM # 48
SEPTEMBEil 14, 2()l5
Contracts with Organizations Providing Recreation Programs at
City Facilities
August 6, 2015
Timmy Johnson, Recreation Oirector {/J
Several organizations have been offering recreational progr ams at
City facil i ties for many years. The Atlantic Beach Experimental
Theater (ABET) provides plays and theatrical e vents fo r public
participation and entertainment. The Atlantic Beach Athletic
Association (ABAA) provides two seasons ofT-ball, softba ll , and
baseball eac h y ear. Ten nis professiona l Brecht Catalan provides
tennis lesso n s on Atlantic Beach courts. In the past, eac h 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
faci lities. These co ntra ct s have been updated for City Commission
approval.
The organization/person under contract provides opportunities
for inclusion and participation for low income r esidents who may
not otherwise be able to afford to participate.
The fee in the contracts is $200 for the year, which is consistent
with previous years.
Authorize the City Manager to sign the attached contracts with
ABET, ABAA and tennis professional Brecht Cata lan
ABET Proposed Contract
ABAA Proposed Contract
Te nnis Professiona l Brecht Cata lan Proposed Contract ..
REVIEWED BY CITY MANAGER:~ 1/~ L(U..G..
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of _______ _
AGENDA ITEM# 4B
SEPTEMBER 14, 2015
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 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 pm1ies 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 nm from October 1, 2015 through
September 30, 2016.
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 tin1e of signing this agreement.
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
SEPTEMBER 14,2015
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 ofthe public facility, together with all rules and requirements
ofthe police and fire departments ofthe 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.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
ofthe 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.
2
AGENDA ITEM# 4B
SEPTEMBER 14, 2015
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 ofthe lease term, use ofthe 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.
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 it's 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.
e 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.
3
AGENDA ITEM# 4B
SEPTEMBER 14,2015
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
(10) days after receipt by the Renter ofwritten 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
By: ---------------------
Its:
"CITY"
4
AGENDA ITEM# 4B
SEPTEMBER 14,2015
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
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 Atlantic Beach Athletic Association of Atlantic Beach,
Florida (904) 249-2985 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
Jack Russell Park Baseball Facilities and Concession Building Sunday through
Saturday and Donner Park Baseball Facility on Monday, Thursday, Friday and
Sunday 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 te1ms set fotih
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, 2015 through
September 30, 2016.
2. Amount and Time of Payment: Renter, in exchange for use ofthe facility, shall
pay to the City the annual fee of $200.00 at the time of signing this agreement.
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
pe1mission of the City Manager
1
AGENDA ITEM# 4B
SEPTEMBER 14, 2015
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 ofthe City for the government and
management of the public facility and ABAA by-laws, together with all
rules and requirements of the police and fire departments ofthe 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 natme
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 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 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 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 shmi 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.
2
AGENDA ITEM # 4B
SEPTEMBER 14, 2015
I. Renter shall maintain at all times during the lease tenn 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 ofRenter'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 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,
atising from all activities engaged in by Renter in its use of the following
public facility: Jack Russell Baseball Facilities and Concession Building
and Donner Park Baseball Facilities on Monday, Thursday, Friday and
Sunday
o. Additional provisions agreed upon by the City and Renter: Renter will
actively recruit in low income areas, and provide scholarships, ''work for
play" or other mechanisms to assure that children are not denied the
opportunity to participate due to their inability to pay the registration or
other related fees. Number of scholarships will not exceed 7.5% of total
registered players for that season.
4. Exclusive Use Dates and Times:
a October I through November 30
• January 15 through May 31
"' August l through September 30
• The City retains the right to rent and use the facility at other times not
specified for use by the Renter.
5. Delivery ofFacility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition. "Renter agrees and understands the City intends to make
improvements to the property (e.g. drainage). Renter further understands the
facility use may need to be delayed or suspended during the time necessary
for completion of the improvement'>."
3
AGENDA ITEM #4U
SEP'l'EMllER 14,2015
6. Contro.l of Fac ilit y: In rent ing sa id faci lity to Renter, the City does not
relinq ui sh the r igh t to conti'OI th e management nnd orerat ion or the faci lity,
ami the City Manager or his dcsignl:C rnay en ter the facil ity and a ll of th e
demised prcmist:s at any time and on any occasion .
7. Assignment: Renter shall not assign thi s agreement nor s uffer nny use of U1c
faci li ty other than herein specified, nor sublet the faci lit y or any part th e1·cof',
withou t the written consent of the City.
8. DEFAULT: Tn case the Renter shall defau lt in the perfonnunce of any covenant
or ag reement conta in ed herein , and such defau lt sha ll co ntinu e ror ten (I 0) days
aflcr receipt by the Renter of written notice thereof given by the City, then the
City, al its option, may dec lare lhis agreement end ed. In that event, Remer shall
immediately remove all persons and it s property from the facility, and failing to
do so, the City may cause suc h removal either with or witl1out process of law, at
Renter's expense. T hese ex penses sha ll include, but nol be limited lo, reasonab le
allomey's fees incurred by the Ci ty, whether suit is liled or not.
lN WlTNESS WJtEREOF, we have hereunto set our hands aod oflicial seals thi s
clay of _____ _
CITY OF ATLANTIC BEACH
By: ----------------------r:: JJJ ~--
Its: ''RENTER"
"CITY"
4
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of ________ _
AGENDA ITEM # 4B
SEPTEMBER 14, 2015
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 Instmctor of 12855
Gree1m1eadow 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 tem1 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, 2015 through
September 30, 2016.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $214.00 at the time of signing this agreement.
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 pe1form:
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
SEPTEMBER 14,2015
c. Renter shall provide to the City a copy of audited financial statements if
requested. ln 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
ofthe 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 patties 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
ofthe Renter.
J. Renter shall provide a written account of all keys to the facility in
possession of Renter at the end ofthe 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 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 15 1h 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 15 111 day of January.
2
AGENDA ITEM# 4B
SEPTEMBER 14,2015
l. 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 ofthe public facility, number ofpersons
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 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 the attached 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.
3
AGENDA ITEM# 4B
SEPTEMBER 14, 2015
8. DEFAULT: In case the Renter shall default in the perfmmance 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 oflaw, 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
By: ----------------------(6)2C-
Its: "RENTER"
"CITY"
4