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Item 4B- ABAA ContractAGENDA ITEM: DATE: SUBMITIED BY: BACKGROUND: BUDGET: RECOMMENDATIONS: ATIACHMENTS: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 48 SEPTEMBER 26, 2016 Facility Use Contract with Atlantic Beach Athletic Association (ABAA) September 14, 2016 Timmy Johnson, Recreation Direct~ Several organizations have been offeZ ecreational programs at City facilities for many years. The Atlantic Beach Athletic Association (ABAA) provides two seasons ofT-ball, softball, and baseball each year. In the past, they entered into a yearly contract with the City of Atlantic Beach which included the payment of a fee for the use of the facilities, financial statements, and insurance. The contract have been revised to include the Public Records Provision as discussed in the last City Commission meeting. The organization/person under contract provides opportunities for inclusion and participation for low income residents who may not otherwise be able to afford to participate. The soccer program will run through the Recreation Department and pay the monthly user fee. The fee in the contracts is $200 for the year, which is consistent with previous years. Authorize the City Manager to sign a contract with ABAA. ABAA Proposed Contract, financial statement, fees and insurance . REVIEWED BY CITY MANAGER: ~/ t/ CA:A-t ~Uy AGENDA ITEM 48 SEPTEMBER 26, 2016 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 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 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, 2016 through September 30, 2017. 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. 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 1 AGENDA ITEM 48 SEPTEMBER 26, 2016 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 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. 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 short 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 48 SEPTEMBER 26, 2016 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 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, arising 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: August 1st through December 15th and January 1st through July 31. 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. "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 improvements." 3 AGENDA ITEM 4B SEPTEMBER 26, 2016 6. Control of Facility: 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 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 By: -------------;:]JL __ Its: "RENTER" "CITY" 4 Revenue Registration Concessions 2015 ABAA Financial Statement Sponsorships & Donations Advanced Play I All-Stars Gross Revenue Expenses General & Administrative Maintenance & Equipment Umpires Uniforms Trophies Concessions Advanced Play I All-Stars Fall Farewell Total Expenses AGENDA ITEM 48 SEPTEMBER 26, 2016 51,925.90 23,272.47 11,187.50 29.922.22 $116,308.09 11,197.05 25,321.48 10,513.00 22,172.28 3,108.15 16,891.73 28,132.31 349.93 $117,685.93 ($1,377.84) 2016 Atlantic Beach Athletic Association Fees T-ball $100 Softball $130 Baseball $130 AGENDA ITEM 48 SEPTEMBER 26, 2016 AGENDA ITEM 48 SEPTEMBER 26, 2016 ACORD TM CERTIFICATE OF LIABILITY INSURANCE I 2/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K&K INSURANCE GROUP, INC. CONTACT Cheryl Pettibone NAME: 1712 MAGNAVOXWAY PHONE 800·736·7358 I FAX PO BOX2338 (Ale, No. Ext): CAlC, No): FORTWAYNE IN 46801 E·MAIL Cheryi.Pettibone@kandkinsurance.com ADDRESS: INSURED INSURER S AFFORDING COVERAGE NAIC# MEMBER NO: INSURER A: Nationwide Life Insurance Co. INSURERS: Nationwide Mutual Insurance Co. ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG INSURERC: DBA: Atlantic Beach Athletic Association INSURERD: 12225 High Laurel Drive INSURERE: Jacksonville, FL. 32225 INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER (~~}5g~) (~~hl~~) LIMITS LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 B J CLAIMS-MADE 0occuR DAMAGE TO RENTED $ 300,000 02/25/2016 02/01/2017 PREMISES (Ea occurrenCE>) RPG-272242~0 12:01 AM 12:01 AM MED EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 R~OLICY D PROJECT D LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: PARTICIPANT LEGAL LIABILITY $1,000,000 AUTOMOBILE LIABILITY ! &~'!~7d~~~~INGLE LIMIT $1,000,000 1------ ANY AUTO BODILY INJURY (Per person) 1-ALL OWNED AUTOS r-SCHEDULED 02/25/2016 02/01/2017 B RPG-272242-00 12:01 AM 12:01 AM BODILY INJURY (Per accident) 1------r-AUTOS . rp~~~:~sAMAGE X HIRED AUTOS X NON-OWNED 1-I--AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE 1-EXCESS LIAB '-- CLAIMS-MADE AGGREGATE OED I I RETENTION WORKERS COMPENSATION I PER I 'OTHER AND EMPLOYERS' LIABILITY YIN STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE-EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT A PARTICIPANT ACCIDENT SPX-272201~0 02/2512016 02/01/2017 AD&D $ 15,000 12:01 AM 12:01 AM EXCESS MEDICAL $ 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ADDITIONAL INSURED: ANY PERSON, ORGANIZATION OR ENTITY WHO IS ENGAGED IN PROVIDING THE PREMISES, IS A SPONSOR OR CO-PROMOTER, BUT SOLELY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. SEXUAL ABUSE/MOLESTATION: $1,000,000 PER OCCURRENCE/$2,000,000 AGGREGATE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Coverage THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~1wil ACORD 25 (2014/01) © 1998-2014 ACORD CORPORATION. All rights reserved. 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