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10-10-16 Agenda Packet 2 C. Welcome Park and Welcome Center Opportunity- Johnston Island. (Mayor Reeves) 9. City Manager A. 90-Day Calendar (October 2016 through December 2016). 10. Reports and/or requests from City Commissioners and City Attorney Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City’s website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, October 7, 2016. IN ATTENDANCE: MINUTES CITY COMMISSION WORKSHOP September 26,2016 CITY HALL, 800 SEMINOLE ROAD City Attorney Brenna Durden AGENDA ITEM 1A OCTOBER 10, 2016 Mayor Mitchell E. Reeves Mayor Pro Tern J:irirrny Hill Commissioner Harding Commissioner John Stinson Commissioner M. Blythe Waters City Manager Nelson VanLiere City Clerk Donna L. Bartle Recording Secretary Della Giovanni Mayor Reeves called the meeting to order at 5:00 p.m. Planner Derek Reeves presented the Mayport Road Redevelopment Plan (which is attached and made part of this Official Record as Attachment A). He explained the agenda, discussed reviews of the past improvement efforts, the depth of the plan, how it was created, the input for the plan, a schedule of implementation, CRS community basics and funding comparisons in order to implement going forward. Planner Derek Reeves explained that he is now taking the lead on this project, following the departure of Jeremy Hubsch. Curt Ostrodka & Katie Shannon were present, in addition to Steve Lindorff(aresident), Margo Moehring, from the Northeast Council, and Sheron Forde along with some members of the Technical Advisory Committee, who were appointed at the end of last year, Brian Christensen, Dara Gourley, Donna Rex, and Mike Whalen. Planner Derek Reeves explained that the past efforts of a CRA plan were conducted in 2002-2003 jointly with the City of Jacksonville. In 2001, the Mayport Road corridor study was completed and funded by the original Transportation Council. Due to Jacksonville jurisdictions and a multitude of issues, the study was never implemented. What was presented at this meeting was to only focus on the City of Atlantic Beach boundaries without joint relationship with Jacksonville. Results that came of the Mayport Road study are: Updates of a Comprehensive Plan, adoption of the Commercial Corridor, Development of Standards, Sign Code revision and the Mayport Road Median project. Community Redevelopment Coordinator from 2008-2011, Retired Lieutenant Dale Hatfield spoke: • During this time frame with the plan, there was a reduction in prostitution and homeless people in the discussed corridor area by reaching out to the local businesses and associations in the community. • Received assistance from businesses and Faith-based organizations to create social programs for the community, which changed the quality of life in the Corridor, and helped cut down on crime. • CRA would help in the next step moving forward. AGENDA ITEM 1A OCTOBER 10, 2016 Mayor Reeves asked Mr. Ostrodka for clarification and confirmation that the support of CRA provides funding. Mr. Ostrodka confirmed. Commissioner Stinson requested an elaboration on how the interviews and surveys were conducted. Committee Member Margo Moring explained how the studies were performed and that extensive state interviews were done with eleven members from the community, who were selected from a list that was provided by the Planning Department. Commissioner Stinson requested copies of those results and asked for an explanation of road blocks since the discussed area has been ignored for 30 years. Commissioner Hill explained that it has not been abandoned, but that the corridor change restructured business wise and residents benefitted at the time. He stated concern for small businesses with the CRA allowance. Commissioner Stinson thanked the committee who worked on the plan. Commissioner Waters discussed development issues and how the report touches on residential and business boundaries. She warned to be careful with creating barriers concerning the City of Jacksonville not negotiating, since it may involve getting Jacksonville tax dollars. We need Jacksonville committed to the project instead of delving into City of Atlantic Beach dollars. Over the past 30 years, she explained that the city has not committed to making the Corridor better and feels that the CRA will open an establishment for redevelopment of the plan. Commissioner Harding reported he has spoke with residents on the west side of Atlantic Beach. The concern from residents is that the current plan is not business friendly. He believes that utilizing city funds are admirable; however, if the city can take advantage of dedicated funding through CRA resources to benefit the residences and businesses, without "tying our hands", and correct 30 years of being left out, he does not see any reason why the Commission would not move forward with the offered plan. Mayor Reeves stated that the previous Commission did the right thing by moving forward and that this study gives great ideas no matter what is decided. In his opinion, the proposed plan has more cons than pros. He explained that Steve Lindorff is a good resource since he has gone through the process with Jacksonville Beach. Mayor Reeves questioned how it will be funded? His quick answer was that Jacksonville Beach did not have a partner and that Atlantic Beach has an opportunity to have Jacksonville as a partner. If Atlantic Beach does not include them to help with the funding, it will slow the process of a redevelopment plan. He went on to say that if the city partnered with Jacksonville, the area that has suffered from neglect would be cleaned up. He did not want to make a commitment before the vote. Commissioner Hill emphasized that it will be important to figure out what to do with the area. He agreed that the city needs a solution and that the CRA is an excellent resolution. However, he does not want to spend more money on studies for the plan, instead to use the funding towards the project of the corridor. AGENDA ITEM 1A OCTOBER 10, 2016 Commissioner Stinson said that revenue projections presented were only of current times and that it does not give consideration for future projection. Mr. Ostrodka clarified that at year 5, the city may want to consider a revenue bond by showing a steady revenue source for the future funding. Commissioner Harding thanked the advisory committee and addressed areas needing attention. He stated that it is unanimous by the commission that there is a need to make the Mayport Corridor west side more vibrant with city funds, grants, and CRA if it goes through. It will give the residents of the west side ease that the Commission hears and cares about the area and will see that it will be taken care of. Commissioner Waters thanked the citizens who participated. In her opinion, the Plan lays out a way and presents the Mayport Corridor as the main entrance to the City of Atlantic Beach. A commitment from the city to develop the Corridor is needed and agreed that the Commission needs to create a plan out of the budget to make things happen seriously by going forward with the development if the CRA does not go through. Mayor Reeves indicated that the Commission needs to keep the conversation going, for the growth of our whole city. He would like to see businesses address issues to move forward either way. Further discussion would be continued at the Commission Meeting with number 8A on the agenda. Mayor Reeves adjourned the workshop at 6:18pm. Attest: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor • -' . ... -~-----.. -- 13. UPDATE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE GOALS 3.C. -3.0. -4 ._A . -s ~B . . -.•. .. 11 Prov i de more flexib le zoning options and permitted uses a Increase buffers between commercial or industrial uses and residentia l c Increase opportunities for new businesses in the study area Draft complete street policies for neighborhood roads • Potential to decrease parking requirements with mixed -u se developments Estimated cost: $100,000 Summary of Estimated Costs Project or Program Probable Costs * 1 Transform Mayport Road into a Complete Street* 2 Improvements to Neighborhood Roads 3 Improvements to Parks and Open Space* 4 Gateway Signage and Mural Program* 5 Sewer and Septic Infrastructure Improvements 6 Commercial Node Along Mayport Road 7 Marketing, Events & Programming Coordinator 8 Revitalize the Industrial District 9 Homeowner and Business Improvement Grants 10 Master Stormwater Study* 1 1 Community Code Enforcement and Policing Officer 1 2 Property Acquisition 13 Update Comp r ehensive Plan an d Land Development Code $250,000 for initial Corridor Study $2.9M-$11.3M $50,000/year $50,000 for Design, up to $500,000 for construction $2.35M± $12,000-60,000/year $40,000-50,000/year tbd $50,000/year $50,000 $50,000/year tbd $100,000 *Planning level capital costs, where shown, are for illustrative purposes only. Actual costs will be based on the best fee proposal or bid price for each element of the Capital Improvement Program at the time the project is implemented. Without an effective relationship, just the opposite is likely to occur. The trust level is likely to be low, policy direction is less likely to be clear, instances of role conflict can increase, and a lack of clarity regarding organizational direction can result, affecting both staff performance and public confidence in the institution. Discussion Mayor Reeves stated he would like to discuss clear policy direction provided by the Commission. He felt the Commission, as a group, needed to make the City Manager aware of what they expected out of him and City staff. Mayor Reeves explained that during his research, he also found information fi·om the International City & County Manager's Association regarding the importance of the relationship between the City Manager and Commission and brought copies for each Commissioner, the City Manager and the City Clerk. The booklet is entitled "Making it Work: The Essentials of Commissioners-City Manager Relationships." Mayors Reeves felt both the Commission and the City Manager were willing to work out the communication issues. He explained the meeting he had with the City Manager regarding his perf01mance evaluation and the goals and objectives he would like for him to accomplish noting Mr. VanLiere's response was that he had not been given any specific goals by the Commission before. Mayor Reeves stated he did not want to waste time and asked City Manager Van Liere if he was ready to leave the City or if he is ready to really work with us. Mr. VanLiere stated he plans to stay and work with any of you that want to work with him; he believes they have accomplished a lot and wants to continue. Mayor Reeves asked Mr. Van Liere if he wants to stay and Mr. Van Liere replied yes. (Commissioner Hill anived at 10:15 am) Mayor Reeves gave a brief summary to update him on the discussion. Commissioner Hill explained why he never questioned the City Manager's commitment to Atlantic Beach. He believed, prior to his appointment, there was a culture within the City that was not healthy and he has seen a huge improvement since Mr. Van Liere took the position. He agreed there were issues regarding the communications between the City Manager and the Commission as a group. Mayor Reeves stated he explained earlier that it is the job of the Commission to set policy and direct the City Manager on how they wanted him to run the City. He explained that he keeps hearing "this is a new Commission and they do not know how the City operates", and believes maybe it does not take us two or three years to figure it out. Commissioner Hill thought there is a possibility the Mayor does not know his role in the Commission/City Manager f01m of Government. Mayor Reeves responded that Commissioner Hill has been a member of the Commission for two years and that does not make him an expert. Mayor Reeves added the City Manager is also new to the job. He had no prior experience and is learning as he moves forward just as the new Commissioners. Commissioner Hill was excited about the prospect of improving communication with the City Manager. Commissioner Stinson explained the Commissioners are new because the voters were not happy with the policy and how it was enacted. He felt it was difficult for City employees when the Commission changes and employees need to accept there would be a new Commission every two years. -2- Commissioner Hill felt instability in staff was a large obstacle and one of the most damaging he has seen in 30 years. A line of communication needed to be established to stabilize the workforce. He added the City now has to hire a new Police Chief. Mayor Reeves interjected that Chief Deal resigned in order to be closer to his family. However, he has laid a foundation that will make it easier to find a new Chief. Mayor Reeves asked for suggestions on how the Commission can improve communications with the City Manager. Commissioner Waters explained the Commission is the policy making body and it is the City Manager's job to implement the policy. She felt culture played a big role, adding that the City could have the best policy but still have a culture that was completely ineffective and unpleasant. She gave an example using her business to explain that change does not happen quickly. Commissioner Stinson asked Commissioner Waters how she would deal with an employee that was not receptive to change and asked her to give an example of how the Commission could make changes. Commissioner Waters replied, at her business she changed a policy and that change did not work; she had to negotiate with her employees and revise the policy so it would work. It is impmiant to have employees buy into policy changes. Commissioner Hill stated he worked in government for over 30 years with the fire department and they were constantly changing policy. He explained in Commissioner Water's example she is the one that wanted to change the policy and it was her personal goal to change it; the rest of the team had no vision. In this situation, as a Commission they have to make their goals part of a team effmi and 99% of that is based on communication. He added that he probably communicates with the City Manager less than any other Commissioner but when he does, it is clear. He hoped the Commission could focus on a mechanism to have all questions answered. He thought it is effective and should be mandatory for each Commissioner to meet with the City Manager prior to Commission meetings to review the agenda. Mayor Reeves felt the Commissioners were already meeting with the City Manager prior to meetings. He added that it is also impmiant for all Commissioners to receive their agenda packets and be prepared to vote before entering the Chamber, unless something came up to have them change their minds during the meeting. Commissioner Stinson gave an example of a communication breakdown by explaining that at the previous budget meeting he made a suggestion to challenge employees to help the City save money by giving them an incentive that part of the savings would be shared. He felt like he hit a brick wall when the only comments he received was "what is the police department going do? The police department will have to lay people off." Commissioner Stinson explained he would like to have heard some suppmi and discussion from fellow Commissioners regarding the merits, or lack of, for the idea. He would also have liked for the City Manager to perhaps respond that "it was a good idea, and state that he would look into it to see ifthere was oppmiunity to do that." Mayor Reeves, Commissioner Waters, and Commissioner Hill all agreed they misunderstood Commissioner Stinson's idea and would try to recognize that moving forward. Commissioner Harding felt the communication issue began with the Commission as an elected body. The Commission sets policy and it is the City Manager's job to acknowledge and implement policy, but the City Manager receives mixed ideas from the Commission when they do not all agree. He thought the Commission failed to provide good solid guidance to the City Manager after policy is made. Commissioner Hill suggested compmimentalizing ideas to help with communication. He stated due to the Sunshine Law, Commissioners do not have the oppmiunity to speak with each other outside of a -3- public meeting. Mayor Reeves interjected that Commissioners can communicate with each other as long as the meetings are advertised as a public meeting. Commissioner Hill felt those one-on-one public meetings were uncomfortable. Commissioner . Harding stated the main question at hand is "how do we improve communication between the City Manager and Commission." The communication has to start with the Commission. They need to stop the confrontational tones at the meetings that put everyone on the defensive. He felt Commissioners need to think about how they communicate to others. He questioned how the Commission could effectively communicate with the City Manager when they cannot seem to communicate with each other. Mayor Reeves felt Commission communications have far improved over the days when they would actually challenge each other to take things outside to settle. He stated they needed to give the City Manager ideas on how he could communicate better with Commissioners. Commissioner Waters apologized and explained she misunderstood Commissioner Stinson's idea that he presented during the budget meeting. Although she thought she was participating in the discussion, she felt she may have left him with the impression that she thought it was not a good idea and that was not her intention. She felt there needed to be checks and balances regarding ideas to ensure the savings would benefit the City. She was willing to revisit the idea. Commissioner Harding felt that was an opportunity for the Commission to set a policy and have the City Manager bring a proposal back to the table. Commissioner Hill explained his thought when the idea was brought forward. In his mind he did not see much opportunity for the City to save. He did not discount the idea and was willing to reassess it at a future meeting. Mayor Reeves stated there is already a policy in place for employees to save the City money. The City Manager has given out bonus checks to employees in the past for saving money. He felt it was also important to publicly recognize those employees. City Manager Van Liere explained the cunent policy is if an employee has a cost savings idea that is implemented that employee receives a percentage of the savmgs. Commissioner Waters stated the budget meeting was not the conect venue for setting policies. She felt those ideas should be presented during a Commission meeting. She also thought it was a good idea to introduce, but found it frustrating that she thought he was trying to implement the idea during this budget cycle. She added that if a Commissioner wanted to implement something during a budget cycle the idea needed to be brought and discussed prior to the meeting to approve that budget. Mayor Reeves agreed that ideas and discussions regarding budgets needed to begin on October 1st for upcoming budgets. Commissioner Hill stated City Manager Van Liere does not have a policy requiring Commissioners to come directly to him with questions. There is no filter between him and his subordinates. Department heads are exposed and available to speak to Commissioners. That is not the case in most Cities. He complimented Mr. VanLiere for implementing that policy and added that has not always been the case in the past. Mayor Reeves also approved of the concept that there were no rules regarding Commissioners speaking directly with staff. He has anywhere from five to eight inquiries from citizens on a daily basis. Instead -4- of trying to get answers for the citizen, he always directs them to contact the conect depmiment and tells them to contact him if they do not receive a response from that department so he can follow up. He explained the Florida League of Cities offers a program once a year to Cities wherein the citizens are invited to attend a "City 101" class." The program offers an oppmiunity for citizens to learn how the City operates, the duties of the Commission, the duties of the City Manager, the budget, etc. It also allows citizens an oppmiunity to get to lmow the staff. He would like for the City to offer the class when they have enough staff available to participate. Commissioner Hill questioned if there was a civic organization that would offer the class. Mayor Reeves felt it would be nice for the citizens to understand how the government worked and get to know the City Manager and depmiment heads so they are comfmiable contacting them if they have a problem. Commissioner Hill explained how he wanted the citizens to lmow City Manager Van Liere, stating before he became City Manager the City was installing new water meters throughout the City. Usually one out of 50 of the new meters would leak. When the property owner contacted the City due to the leak they would be told the water leak was not on the City side and the property owner would be required to repair the leak. When Mr. Van Liere became City Manager things changed and now the city employee that knows they created the leak comes back at 11 :30 pm to fix the problem. He explained that City Manager Van Liere told his employees that they do not replace a meter and then not come back to repair it because the leak is not on the City side of the prope1iy. Commissioner Hill felt the biggest problem facing the City is staffing issues. Mayor Reeves stated that was the City Manager's responsibility. He questioned why staff members have quit or resigned. Mayor Reeves suggested the City be proactive by conducting the "City 1 01" class. He added that he got involved in a problem a citizen was having with parking and tried to help solve the problem which in tum created another problem. He admitted that he learned a valuable lesson from that experience. Commissioner Hill stated when it comes to parking issues, the City needed to consider the law so that it did not fall back on politics. Commissioner Waters stated the Commission does not work for one individual citizen; they work for all the citizens and need to consider how the outcome of conecting one problem would affect everyone else. She added there needs to be city-wide support for those types of problems. Commissioner Waters stated the culture established is the City Manager and City Clerk repmi to the Commission but they are not pmi of the Commission so their input is not as valued as it should be. She felt that culture created the reason why they were not receiving effective input from them and it needed to be changed to give them better expectations of what the Commission expected in their reports. She asked for some feedback from the City Manager. City Manager Van Liere stated it is interesting listening to how the Commission communicates with each other; they badger one another so that it appems they are not enjoying their role as a Commissioner. It presents a culture that makes his staff uncomfmiable. When staff approaches the podium to speak to the Commission, they sometimes feel as though they m·e approaching a firing squad. Depending on the topic, some discussions with staff go well and others are derailed. He suggested if Commissioners have questions, that they meet with staff prior to meetings instead of calling them up during meetings. He added that recently staff spent months revising the schedule of when the agenda packets are put together for the Commission so they would receive them 10 days prior to the meeting and the press would have plenty of time to review them so articles could be placed in the paper regarding upcoming agenda items. He was concerned that he was not receiving input from the -5- Commission on agenda items. He stated he would like to hear from Commissioners prior to the meeting if they have a question about an agenda item so that he would have time to find an answer to the question or place additional information in the agenda packets. He felt the City and staff has responded to the requests of the Commission as to how they want the process to work but the Commission was not meeting him halfway or giving staff the opportunity to make the process work. He understood Commissioners had busy schedules but asked them to consider calling him, if they could not meet in person. He stated he is always available. He requested the Commissioners let him lmow what they want from him that they are not receiving. He explained he is aware of a building report requested by Mayor Reeves and he has discussed the situation regarding the software. The report is under construction and will be provided in the agenda packets as a regular monthly repmi. He added that he was unclear if the Commission had a consensus to actually hold this meeting today. Mayor Reeves responded there was not a consensus to hold this meeting. He called the meeting to discuss communications. As Mayor, he felt it was impmiant to have a roundtable to discuss ways to communicate. He stated he requested the building report so he could report the City's building activity during the Chamber of Commerce meeting. It's been months and he has still not received the report. He would also like to receive briefings from the City Manager regarding incidents in the City. Commissioner Hill questioned Mayor Reeves as to why he would request a repmi from the building department when he lmew they did not have the staff or software to provide the information. Mayor Reeves responded, the previous Commission authorized the City to purchase a $100,000 software program and paid to train staff to learn the program and it does not work. He hoped the new software program would function properly and be able to create reports. Commissioner Hill felt the Commission needed to prioritize their requests for infmmation. He felt the City has fallen into a trap of restricting infmmation from the public to serve project needs. He explained he would like to remove that restriction. That is his only complaint about the City Manager. Mayor Reeves explained a citizen asked him about a pe1mitting project that was requested 3 or 4 weeks ago to replace their screen enclosure for their pool. He asked the citizen to contact the building depmiment. That citizen called and received the infmmation they needed. However, that citizen was concerned about why the City would send an employee to attend a conference for a week when they were shorthanded. His response to that citizen was that the City had to retrain and certify employees. Commissioner Waters stated it did not seem wise to request repmis from staff when the City is shmihanded and citizens m·e waiting on pe1mits. Mayor Reeves replied he has been asking for the repmi for months. He felt the City Manager should lmow the answer without having to create a repmi. He suggested staff provide the information on the number of permits pulled and the number of new businesses established within the City during the City Manager's weekly staff meetings. Commissioner Hill felt it was safe to say the previous Commission's attempt to purchase software that did not perfmm was not the first time a City has made that mistake. He agreed the information regarding new building permits and business reports should be on the website but it was cunently tied to the old software and the building depmiment was in the process of updating new software. Mayor Reeves explained during every Chamber meeting, each Mayor repmis on the number of new building permits and other stats of the City. He simply wanted to be able to repmi the same infmmation -6- Commissioner Harding believed everyone needed to work better at communication. He meets with the City Manager on a regular basis and sometimes one forgets to follow up on the discussion. He felt the City needed to review the way they are doing business because the loss of one employee in the building depmiment should not be so detrimental to the depmiment that it can no longer function efficiently. The reason the City is shmi-staffed is because they have not been able to find qualified people to fill the positions. The City has to be able to continue to operate when an employee leaves. To tell citizens the City cannot be productive because we are short on staff is not productive and unacceptable. Commissioner Waters believed when it comes to giving the City Manager direction, the Commission has to work harder at coming to a consensus, clarifying it, and making sure the community supports it. When it comes to creating a productive environment, the Commission needs to do a better job of asking for input from staff and respecting their input, instead of being accusatory. She felt in tenns of communications, there were some good ideas. She stated the City Manager was conect about the agenda. If a Commissioner has something on the agenda they felt was impmiant, it was a reasonable expectation to notify them. She felt hiring a media specialist would help with providing information. When it comes to City responsiveness, she suggested the City Manager bring forward a policy about how citizen input was going to be handled by each department head and how it would be tracked. Commissioners also needed to structure their requests for infonnation and provide a time and date for when they expected a response. If the infmmation involves a cost or extensive staff time, the Commission should approve the request. City Manager Van Liere believed everyone should respect one another and not make requests for information that was umeasonable. Agendas m·e prepared every two weeks and they provide a lot of information. The documents prepm·ed that are placed in the agenda as well as his comments at meetings are his way of communicating what is happening in the City. The agenda is an ongoing packet of infmmation provided to the Commission that has been sufficient in the past. Infmmational departmental repmis are also provided in the consent agenda. They m·e consistent and equally shared. It would be valuable for him to meet with each Commissioner prior to meetings to review the agendas and fill in any gaps or answer any questions. He questioned all the discussion about hiring a media specialist when staff provides infmmation when requested as fast as they possibly can. He did not see cost as an issue because there are not many requests for reports. He relies on the City Clerk for some documents but would like to give staff credit for doing a great job. When someone leaves the City, staff has to prioritize duties and do what is necessary to get the job done. In some cases, they will hire a contract person to fill in on a temporary basis. Overall, he believed staff was doing well, but could do a better job at tracking complaints. The new building permit software will be up and running and should be able to provide a lot of information. He encouraged Commissioners to meet with him anytime. Mayor Reeves thanked everyone for attending the meeting. He felt they all had a better understanding of one another. He questioned the pmiion of the agenda titled "Staff Repmis" adding there were never any items under the title. He was unsure of its purpose. City Clerk Bmile explained Item 9 was the City Manager repmi and Item 10 was for other departmental reports. Mayor Reeves asked about "Committee Repmis." He stated he has never seen anything under those reports. City Manager Van Liere responded committee repmis were only provided twice a year. Mayor Reeves stated the City Chmier calls for Commission, City Manager, City Attorney and City Clerk to comment at the end of the agenda. He would like to have that revised and moved forward to the beginning of the agenda. He agreed Commissioners needed to meet with the City Manager prior to meetings to get questions answered. He also felt the City Manager should reach out to the Commissioner to set up an agenda review meeting if he did not receive a call from them. He thought that would help open the door to communications. He also felt these types of meetings were good for communications. He believed the -8- City Manager was sincere in his response that he wants to continue working with the City and the Commission needs to support him and help him to succeed. Mayor Reeves stated he provided copies of the booklet "Making it Work-The Essentials of Commission-Manager Relations" to each Commissioner and the City Clerk. The booklet was written by a City Manager and designed for a City Manager. He wants the Commission and the City Manager to be good leaders and managers. He also encouraged Commissioners to meet with the three appointed officials to review their performance evaluations and provide support to help them succeed. Mayor Reeves stated he asked Chief Deal to attend the September 26th Commission meeting to say their farewells. Adjournment There being no further discussion by the City Commission, Mayor Reeves declared the meeting adjoumed at 12:29 p.m. ATTEST Donna L. Bartle, CMC City Clerk -9- Mitchell E. Reeves Mayor/Presiding Officer AGENDA ITEM 4A City of Atlantic Beach OCTOBER 10, 2016 FINANCIAL REPORT August 2016 Cash Balances Prior Current Dollar Percent Fund(s) 07/31/16 08/31/16 Change Change General $ 7,550,158 $ 7,335,614 $ (214,543) -2.84% Tree Replacement 27,792 34,911 7,119 25.62% Convention Development Tax 112,006 130,363 18,356 16.39% Local Option Gas Tax 198,448 223,882 25,433 12.82% Better Jax 1/2 Cent Sales Tax 612,051 642,163 30,112 4.92% Police Training, Forfeiture, Grants, etc. 129,703 129,266 {437) -0.34% Capital Projects 3,360,257 3,087,035 (273,221) -8.13% Utility 7,003,452 7,391,459 388,007 5.54% Sanitation 684,554 491,377 (193, 177) -28.22% Building Code Enforcement 480,734 501,048 20,314 4.23% Storm Water 1,838,468 1,889,136 50,668 2.76% Pension -Police 174,005 188,450 14,445 0.00% Pension -General 121,205 138,812 17,607 14.53% Total $ 22,292,834 $ 22,183,516 $ (109,317) -0.49% Total Restricted Cash 7,313,231 Total Unrestricted Cash $14,870,285 Cash and Investments Prior Current Dollar Percent Account 07/31/16 08/31/16 Change Change Bank of America -Depository $ 6,234,680 $ 6,103,690 $ (130,990) -2.10% Delaware Limited-Term Diversified Inc A 2,552,832 2,556,519 3,687 0.14% Global X Gold Explorers ETF 4,264,121 4,279,083 14,962 0.35% lnvesco Floating Rate A 756,274 762,047 5,773 0.76% Voya Short Term Bond Fund Class A 4,219,344 4,216,535 (2,809) -0.07% MSSB Money MarkeUCash 4,239,528 4,239,573 45 0.00% SBA-Florida Prime 22,905 22,919 14 0.06% Cash on Hand 3,150 3,150 0.00% Subtotal $ 22,292,834 $ 22,183,516 $ (109,317) -0.49% Police Pension Investments $ 9,029,470 $ 9,283,921 $ 254,450 2.82% General Pension Investments 15,820,058 16,301,792 481,734 3.05% Subtotal $ 24,849,528 $ 25,585,713 $ 736,185 2.96% Total $ 47,142,361 $ 47,769,229 $ 626,868 1.33% AGENDA ITEM 4A City of Atlantic Beach OCTOBER 10, 2016 FINANCIAL REPORT August 2016 Revenues Annual YTD YTD Dollar Fund I (Footnote) Estimate Estimate Actual Variance General $ 11,762,799 $ 10,782,178 $ 11,334,451 $ 552,273 Convention Development Tax 96,307 88,264 114,512 26,248 Local Option Gas Tax 461,611 423,137 427,416 4,279 Better Jax 1/2 Ct Sales Tax 790,128 724,273 746,425 22,152 Police Training, Forfeiture & Grants 89,150 91,420 96,323 4,903 Grants -CDBG 650,000 595,826 335,318 (260,508) Capital Projects 855,000 1,243,968 1,282,962 38,994 Utility 8,335,711 7,640,919 8,104,917 463,998 Sanitation 1,840,330 1,686,949 1,769,764 82,815 Building Code Enforcement 439,134 402,501 473,447 70,946 Storm Water 875,708 802,725 853,361 50,636 Pension -Police 1,530,544 1,402,984 1,530,772 127,788 Pension -General 2,336,217 2,141,524 2,608,684 467,160 Total $ 30,062,639 $ 28,026,668 $ 29,678,352 $ 1,651,684 Analysis of Major Variances In general, the major variances are created when the actual funds received-to-date are different from the percentage of the budget elapsed-to-date. Highlighted variance explanations follow: General Fund revenues show a net positive variance of $552,273. Most of this variance is due to the timing of receipt of ad valorem taxes, the majority of which are received in December. Grant Funds reflected a negative variance of $260,508, there will be one final reimbursement request in September of FY17. Then, the remaining balance in the project will carry over into next fiscal year. Utility Fund reflected a positive variance of $463,998. Majority of this variance is system development charges equaling $395,286 year to date, compared to an adjusted budget equaling $110,004. Pension Funds reflected positive variances of $127,788 and $467,160. This variance is a result of market performance above the 7% assumed rate of return at the end of August. Percent Variance 5.12% 29.74% 1.01% 3.06% 5.36% -43.72% 3.13% 6.07% 4.91% 17.63% 6.31% 9.11% 21.81% 5.89% AGENDA ITEM 4A OCTOBER 10, 2016 City of Atlantic Beach FINANCIAL REPORT August2016 Expenses Annual YTD YTD Dollar Percent Department Estimate Estimate Actual Variance Variance Governing Body $ 40,384 $ 36,982 $ 39,317 $ (2,335) -6.31% City Administration 2,618,734 2,388,338 2,245,218 143,120 5.99% General Government 6,591,925 5,907,387 2,498,002 3,409,385 57.71% Planning and Building 1 ,440,171 1,316,909 964,964 351,945 26.73% Public Safety 5,866,105 5,374,941 4,803,394 571,547 10.63% Recreation and Beautification 1,507,474 1,380,049 1,230,945 149,104 10.80% Public Works 5,540,108 5,077,941 3,819,241 1,258,700 24.79% Public Utilities 10,267,628 9,411,738 6,589,379 2,822,359 29.99% Pension -Police 621,607 569,745 551,602 18,143 3.18% Pension -General 986,941 904,662 1,187,501 (282,839) -31.26% Total $ 35,481,077 $ 32,368,692 $ 23,929,563 $ 8,439,129 26.07% Annual YTD YTD Dollar Percent Resource Allocation Estimate Estimate Actual Variance Variance Personnel Services $ 10,071,065 $ 9,252,152 $ 8,614,426 $ 637,726 Operating Expenses 11,637,382 10,641,630 8,878,215 1,763,415 Capital Outlay 9,585,235 8,703,692 2,384,021 6,319,671 Debt Service 1,964,401 1,800,656 1,964,401 (163,7 45) Grants and Aids 36,820 33,737 36,560 (2,823) Transfers 2,186,174 1,936,825 2,051,940 (115, 115} Total $ 35,481,077 $ 32,368,692 $ 23,929,563 $ 8,439,129 Analysis of Major Variances In general, the major variances are a result of timing differences created between the percentage of budget elapsed-to-date and actual expenditures. Highlighted variance explanations follow: General Government had a positive variance of $3,409,385. Most of the variance is the result of the Capital Project Fund -Public Safety Building, Francis Ave Drainage and Marsh Preserve Path projects-see Project Activity Schedule. Planning and Building had a positive variance of $351,945. Most of the variance is the result of the Francis Ave Drainage Improvement Project (CDBG Grant)-see Project Activity Schedule. Public Safety had a positive variance of $571,547. Majority of the variance consists of positive variances in Salaries and the City of Jacksonville Fire Contract that is billed quarterly. Public Works had a positive variance of $1,258,700. Most of the variance is the result of project activity budgeted that has not been started/completed-see Project Activity Schedule. Public Utilities had a positive $2,822,359 variance for the period. Most of the variance is the result of project activity budgeted that has not been started/completed -see Project Activity Schedule Pension-General shows a negative $282,839 variance for the period. In October, a large payout of $207,381.11 was made to a former employee's beneficiary. Operating Expenses had a positive variance of $1,763,415. Various contractual services contribute to this balance. The largest contracts are the Fire Contract (COJ), Sanitation Contract, and Road Paving. Capital Outlay had a positive variance of $6,319,671. Most of the capital and project expenditures occur in the middle to latter part of the fiscal year-see Project Activity Schedule. 6.89% 16.57% 72.61% -9.09% -8.37% -5.94% 26.07% AGENDA ITEM 4A FINANCIAL REPORT OCTOBER 10, 2016 August 2016 Project Activity-Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Encumbrances Balance General Government RUSSELL PK RENOVATION PM1501 $ 233,180 $ 65,189 $ 37,555 $ 130,436 DONNER PK PLAYGRND LIGHTS PM1503 6,500 6,146 354 BULL PK PLAYGRND EQUIPMT PM1504 35,000 16,039 (0) 18,961 DUTTON ISLE RD IMPROVMENT PM1505 25,000 7,386 17,234 380 NEW POLICE BLDG-DES/CONST PS1501 3,601,967 650,483 2,951,484 SAL TAIR/STURDIVAN SIDEWLK PW1406 32,090 2,080 2 30,008 SEMINOLE STREET SCAPE 1 PW1407 258,092 7,684 11,383 239,025 MARSH PROJECT PED PATH PW1408 56,504 12,075 36,537 7,893 BIKE RACKS & STREET LIGHT PW1501 6,789 6,789 CH PARK LOT LIGHTS-LAST PW1504 9,554 9,554 (0) TOWNCENTER IMPR DECK & BR PW1601 40,000 40,000 VET PARK PLAYSET PW1602 40,000 40,000 MARSH PRESERVE PATH PHZ-1 PW1603 540,000 288,449 171,211 80,340 Subtotal $ 4,884,676 $ 1,071,873 $ 3,225,406 $ 587,397 Planing, Zoning & Building FRANCIS AVE DRAINAGE IMPR PW1502 650,000 368,567 269,529 11,903 Subtotal $ 650,000 $ 368,567 $ 269,529 $ 11,903 Public Works: SEMINOLE STREET SCAPE 1 PW1407 $ 13,487 $ 12,807 $ 680 $ 0 SAL TAIR DRAINAGE UPGRADE PW1411 61,707 4,000 (2) 57,709 SE SEMINOLE RD DRAIN IMPR PW1412 650,000 650,000 Subtotal $ 725,194 $ 16,807 $ 678 $ 707,709 Public Utilities: INLINE VALVE INSTALLATION PU1404 $ 16,355 $ 16,253 $ $ 102 EFFLUENT OUTFALL REPLCMT PU1408 2,625 3,653 (1 ,028) WELL LOGGING-6 WELLS PU1501 130,000 130,000 UPDATE MODELS PU1502 23,442 24,062 (620) EFF OUTFALL@ SHERMAN PT PU1504 559,404 64 532,764 26,577 WETWLL LINE-MIM COVE LS PU1505 13,954 13,954 (0) WETWELL LINE-FAIRWAY V LS PU1506 14,141 14,141 0 NORTH FENCE REPLACE WTP2 PU1601 10,000 9,295 705 SOFT STARTS -WTP1, 2 &3 PU1602 48,000 710 31,699 15,591 CHLORINE AUTO CONTROL VAL PU1603 31,000 25,916 1 5,083 CONTROL BUBBLER SYSTEM PU1604 15,000 172 14,828 REPLACE SEASPRAY H20 SERV PU1605 100,000 97,339 2,661 ATLANTIC WATER MAIN REPLA PU1606 100,000 100,000 SEWER SYSTEM REHAB SEAOAT PU1607 206,750 206,750 CONTROL PANEL LIFT STA WW PU1608 19,000 218 13,831 4,951 SOFTSTARTS LIFT ST. ABC&D PU1609 55,000 20,092 0 34,908 2 POINT REP. EFF GRAV ICW PU1610 30,000 30,000 PHORPHOROUSTREATMENTFAC PU1611 225,000 24,833 200,167 REPLACE DISKS KRUGER DISF PU1612 6,000 5,999 1 INFLUENT SCREENS (2) PU1613 27,373 230 27,142 1 REPLACE EFF PUMP #2 PU1614 42,627 575 35,987 6,065 REPLACE RAS PUMP & MOTOR PU1615 50,000 575 25,946 23,479 REPLAC INFLUENT PUMP WWTP PU1616 22,000 253 21,747 SEMINOLE STREET SCAPE 1 PW1407 705,395 5,123 11,247 689,025 Subtotal $ 2,453,066 $ 263,456 $ 676,968 $ 1,512,642 Total $ 8,712,936 $ 1,720,704 $ 4,172,581 $ 2,819,652 Business Information Report August 2016 904 TECHNIQUES,INC. Ownership Type: CORPORATION Open Date: 08/18/2016 Primary Location Address 1447 MAYPORT ROAD UNIT 03 ATLANTIC BEACH, FL 32233 SWEAT N CORE FITNESS Ownership Type: SOLE PROPRIETOR Open Date: 08/29/2016 Primary Location Address 800 MAYPORT ROAD ATLANTIC BEACH, FL 32233 AGENDA ITEM 4A OCTOBER 10, 2016 AGENDA ITEM: DATE: SUBMITIED BY: BACKGROUND: BUDGET: RECOMMENDATIONS: ATIACHMENTS: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 48 OCTOBER 10, 2016 Facility Use Contract with Atlantic Beach Experimental Theater (ABET) September 21, 2016 Timmy Johnson, Recreation Directo'!f At the September 12, 2016 City Commission meeting, there were several comments concerning ABET's use of the Adele Grage Cultural Center and providing a kids program. Commissioner Stinson, Staff, representatives from ABET and First Act met to address the concerns. The outcome of the meeting was to have First Act request the use of the facility and if approved, First Act's schedule will be Mondays, Saturdays and for the showcases. The contract has been revised to include the Public Records Provision as discussed in the aforementioned 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 fee in the contracts is $200 for the fiscal year, which is consistent with previous years. Authorize the City Manager to sign a contract with ABET for use of Adele Grage Cultural Center Proposed Contract, financial statement, schedule, fees and insurance " REVIEWED BY CITY MANAGER: ~, (/~ d&;V AGENDA ITEM 48 OCTOBER 10, 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 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 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 OCTOBER 10, 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 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. 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'h 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'h day ofJanuary. 2 AGENDA ITEM 48 OCTOBER 10, 2016 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 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 o. 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. 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. 5. 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. 6. 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 48 OCTOBER 10, 2016 7. Additional provisions agreed upon by the Citv 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 its 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. • 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. 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 (1 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 incurred by the City, whether suit is filed or not." 4 PUBLIC RECORDS PROVISIONS AGENDA ITEM 48 OCTOBER 10, 2016 FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida Section . Public Records --- (a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, DBARTLE@COAB.US, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt for public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 5 ATLANTIC BEACH EXPERIMENTAL THEATRE INCOME STATEMENTS Cash and Bank Accounts Receipts Program Ads Foundation support Cultural Council Grant ABET Backers -2014-2015 season ABET Backers -2015-2016 season ABET Backers -2016-2017 season Corporate support Ticket sales -2014-2015 season Ticket sales -2015-2016 season Ticket sales -2016-2017 season INTEREST income teen workshop adult workshop Children's workshop and camps Fund raising SHOW receipts 1-0ct-14 Total Inflow to Cash and Bank Accounts Expenses Salary Payroll taxes and withholding US Treasury Scholarships and contributions SHOW expenses teen workshop FY 2014-2015 FISCAL YEAR 38,165.90 2,350.00 5,650.00 12,258.00 1,935.00 6,567.00 55.00 1,376.00 11,684.00 96.54 1,975.00 40,670.00 0.00 42,899.48 127,516.02 26,640.00 -3,069.96 5,071.20 961.50 38,562.43 1-0ct-15 FY 2015-2016 Fiscal year to 31 July 16 47,513.99 1,000.00 0.00 9,636.00 1,032.00 4,477.00 71.20 360.00 5,676.00 83.60 6,097.00 291.30 25,765.00 652.01 45,606.91 100,748.02 23,020.00 -2,621.03 5,218.08 714.50 39,624.52 4,267.90 O:J> nCi\ -1m Oz =c ~> ~-o-1 ~ m N~ 0+=-~= adult workshop 1,380.50 Children's workshop and summer camp 31,183.75 training 0.00 fund raising 0.00 Misc. 170.81 Florida annual report, memberships, licenses 344.90 web page mgr 4,800.00 AV mgr. Insurance 3,690.00 Marketing [includes web page] 1,979.16 supplies, perusal scripts 390.40 postage -mailbox -copies 220.37 storage expense -bldg rent 4,895.29 telephone 851.04 Total Outflow from Cash and Bank Accounts 118,071.39 Net lncome/(Loss) 9,444.63 Cash and Bank Accounts 47,610.53 To RESERVES 96.54 Net 30-Sep-15 47,513.99 31-Jul-16 Balance Sheet on July 31, 2016 ASSETS Operations account Prepaid expenses Cultural Council Account RESERVE ACCOUNT SPECIAL reserve account (gift) cash [safe] $ 203.91 19,793.00 0.00 4,485.05 106.01 747.05 4,100.00 630.00 3,345.00 558.95 688.83 218.61 5,216.00 848.17 111,164.55 -10,416.53 37,097.46 83.60 37,013.86 34,227.11 2,324.00 7.75 36,984.73 15,507.83 455.00 89,506.42 0)> nG') -1m Oz o::rc g;j)> ..... -0-1 ~ m NS: Oo~:o ~o::r AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: BUDGET: RECOMMENDATIONS: ATTACHMENTS: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Facility Use Contract with First Act September 21, 2016 .r Timmy Johnson, Recreation Director~ AGENDA ITEM 4C OCTOBER 10, 2016 At the September 12, 2016 City Commission meeting, there were several comments concerning ABET's use of the Adele Grage Cultural Center and providing a kids program. Commissioner Stinson, Staff, representatives from ABET and First Act met to address the concerns. The outcome of the meeting was to have First Act request the use of the facility and if approved, First Act's schedule will be Mondays, Saturdays and for the showcases. The contract has been revised to include the Public Records Provision as discussed in the aforementioned 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 fee in the contracts is $200 for the fiscal year, which is consistent with previous years. Authorize the City Manager to sign a contract with First Act for use of Adele Grage Cultural Center Proposed Contract, financial statement, schedule, fees and insurance REVIEWED BY CITY MANAGER:,_~---· f/c_~ _ __;_A_U--V_"_;;z;_ _____ _ CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGENDA ITEM 4C OCTOBER 10, 2016 AGREEMENT made and entered into this lq day of G::PTC:~ ;;2..01 b 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 The First Act of Jacksonville Beach, Florida (904) 509-1472 (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 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 4C OCTOBER 10, 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 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 security key cards to the facility in possession ofRenter 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. 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 4C OCTOBER 10, 2016 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 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 o. 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. 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. 5. 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. 6. Assignment: Renter shall not assign this agreement nor suffer any use ofthe facility other than herein specified, nor sublet the facility or any part thereof, without the written consent ofthe City. 3 PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July I, 20 16 per Chapter 2016-20, Laws of Florida Section . Public Records --- AGENDA ITEM 4C OCTOBER 10, 20 16 (a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO Tl-IIS CONTRACT, CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, DBARTLE@COAB.US, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119 , Florida Statutes, in regards to public records laws, specifica ll y to: 1. Keep and maintain public records required by the public agency to pcrfonn the service. 2 . Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonab le time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensw·e that public records that are exempt or confidential and exempt from public records disclosure re quirements are not disclosed except as authorized by law for the duration of the contract tcnn and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the conh·act, transfer, at no cost, to the public agency al l public records in possession of the contractor or keep and maintain publi c records required by the public agency to perf01m the service. If the contractor transfers all public records to the public agency upon completion of the contract, the co ntracto r sh all destroy any dupli cate public records that are exempt or co nfid ential and exempt for public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all app li cab le requirements for retaining public records. Al l records stored el ectronicall y must be provided to the public agency, upon request from the public agency's custodian of public records, in a fonnat that is compatible with the information techno logy systems of the public agency. 4 ~---;;"b .. CERTIFICATE OF LIABILITY INSUR OCTOBER 10, 2016 I DATE(MM/DD!YYYY) 9/16/2016 AGENDA ITEM 4C THIS CERTIFICATEIS 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 policy(ies} must have ADDITIONAL INSURED provisions or 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 CONTACT NAME: NUTMEG INSURANCE AGENCY INC/PHS PHONE (NC, No, Ext): (866) 467-8730 1rAX NC,No): (888) 443-6112 025657 p: (866) 467-8730 F: (888) 443-6112 E-MAIL ADDRESS: PO BOX 29611 INSURER(S) AFFORDING COVERAGE NAIC# CHARLOTTE NC 28229 INSURERA: Sentinel Ins Co LTD 11000 INSURED INSURERB: INSURERC: AINE HEALY RICHARDSON DBA THE FIRST ACT INSURERD: 612 13TH AVE N INSURERE: JACKSONVILLE BEACH FL 32250 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. JNSR Tl'PE OF INSURANCE ADDL SUBR POLICY NUMBER POLJCYEFF POLICYEXP LIM11S LTR JNSR IWD U.IM/DDIYYYYJ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 I CLAIMS-MADE 0occuR DAMAGE TO RENTED $1,000,000 PREMISES (Ea occurrence) A X General Liab 02 SBM IT4421 09/07/2016 09/07/2017 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY 1,000,000 -2,000,000 ~N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE DPR0-0 PRODUCTS-COMP/OP AGG 2,000,000 POLICY JECT X LOC OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) - ANY AUTO BODILY INJURY (Per person) $ -OWNED r-SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED f--NON-OWNED -PROPERTY DAMAGE AUTOS ONLY f--AUTOS ONLY (Per accident) - $ UMBRELLA LIAB --i OCCUR EACH OCCURRENCE - EXCESSLIAB CLAIMS-MADE AGGREGATE oeol I RETENTION$ ~ WORKERS COMPENSATION I;ER I ~~-AND EMPLOYERS' LIABlUIT STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L. EACH ACCIDENT 1$ OFFICER/MEMBER EXCLUDED? D NIA -1$ (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE - If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddiUonal Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Atlantic Beach AUTHORIZED REPRESENTATIVE ~ 800 SEMINOLE RD 7~ /t:L&t~ ATLANTIC BEACH, FL 32233 © 1988-2015 ACORD CORPORATION. All r1ghts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD The First Act :;:c,:c:c; ~ ·~ lB._ ~ ~ l2_ l2_ L±_: ~ ~ I class 3:30 to 6:30pm I ~ l_!Q_ L!L ~__!_?_ ~ I class 3:30 to 6:30pm I L!.§_ L!I_ ~ ~ L3_Q_ I class 3:30 to 6:30~m I ~ w_ lli_ ~ ~ I class 3:30 to 6:30~m I ~ ~ L!.... l2_ · .. l2_ I class 3:30-6:30 I AGENDA ITEM 4C OCTOBER 10, 2016 Oct 2016 (Eastern Time) P<' ;:;z':;;;,~;=~;!S'ilt, '· ' ~ L!_ I Junior 8:00-10:30 I I Senior 11:00 -2: I LZ_ ~ I Junior 8:00-10:30 I I Junior 8:00 -10:30 I I Senior 11 :00 -2: I L!i_ ~ I Junior 8:00 -10:30 I I Senior 11:00-2: I w_ ~ I Junior 8:00-10:30 II I Senior 11:00 -2: I ~ ~ I Junior 8:00-10:30 I I Senior 11:00-2: I· L£ ~ I Junior 8:00 -10:30 I I Senior 11:00-2: I ,,,,e< ,, •. The First Act ;;:;;"!; LL ~ Li:_ ~ l_!_ ~ W:_ l.1§_ ~ Lfl_ ~ 13:30 to 6:30pm I ~ ~ ~ ~ 13:30 to 6:30pm I ~ ~ ~ .. LL 13:30 to 6:30pm I I" I . I. ; ! •·.· ~ ~ ~ ~ ~ AGENDA ITEM 4C OCTOBER 10, 2016 Jan 2017 (Eastern Time) :!?/:'·~< ~ li_ I Senior 11:00 -2: I 8 am -Junior 8:00 - 7pm-Senior Show ~ L!1__ I Junior 8:00 -10:30 I I Senior 11:00 -2: I I Senior 11:00-2:30 I ~ Ln_ I Junior 8:00-10:30 II I Senior 11:00-2:30 I ~ ~ I Junior 8:00-10:30 I I Senior 11:00-2:30 I u_ l£ >P/7:7•• CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of _______ _ AGENDA ITEM 40 OCTOBER 10, 2016 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 40 OCTOBER 10, 2016 c. Renter shall provide to the City a copy of audited fmancial statements if requested. In 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 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 40 OCTOBER 10, 2016 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 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 pt 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 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 40 OCTOBER 10, 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 40 OCTOBER 10, 2016 AGENDA ITEM 40 OCTOBER 10, 2016 A CO ROn.~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 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 policy(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 MAGNA VOX WAY rlJgN:o. Ext): 800-736-7358 I FAX PO BOX2338 (AIC No): FORTWAYNE IN 46801 E-MAIL Cheryi.Pettlbone@kandkinsurance.com ADDRESS: INSURED INSURER S AFFORDING COVERAGE NAIC# MEMBER NO: INSURER A: Nationwide Life Insurance Co. INSURER B: Nationwide Mutual Insurance Co. ATLANTIC BEACH ATHLETIC ASSOC BABE RUTH LG INSURERC: DBA: Atlantic Beach Athletic Association INSURERD: 12225 High Laurel Drive INSURER E: Jacksonville, FL, 32225 INSURER F: 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 ,~g)-Jg~ ,~Jg~ LIMITS LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 B J CLAIM&-MADE 0occuR om512016 02/0112017 D~~~~IO_RENTED $ 300,000 PREMISES iEa occurrence) X RPG-272242-00 12:01 AM 12:01 AM MED EXP (Any one person) $ 5,000 f-- PERSONAL & ADV INJURY $1,000,000 ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 R~OLICY DPROJECT DLOC PRODUCT&-COMPIOP AGG $1,000,000 OTHER: PARTICIPANT LEGAL LIABILITY $1,000,000 AUTOMOBILE LIABILITY ! ~OMBINED SINGLE LIMIT I (Ea Accident) $1,000,000 -ANYAUTO BODILY INJURY (Per person) -ALL OWNED AUTOS -SCHEDULED om512016 02/0112017 B RPG-272242-00 12:01 AM 12:01 AM BODILY INJURY (Per accident) -_AUTOS 1 rp~~~~~t~AMAGE X HIRED AUTOS X NON-OWNED -_AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE -- EXCESSLIAB CLAIMS-MADE AGGREGATE OED I I RETENTION WORKERS COMPENSATION jPER I I OTHER AND EMPLOYERS' LIABILITY YIN STATUTE ANY PROPRIETORIPARTNERIEXECUTIVE D E.L EACH ACCIDENT OFFICERIMEMBER EXCLUDED? !Mandatory in NH) E.L DISEASE-EA EMPLOYEE f yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT A PARTICIPANT ACCIDENT SPX-272201-00 om512016 02/0112017 AD&D $ 15,000 12:01 AM 12:01AM EXCESS MEDICAL $ 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, BUT SOLELY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. RE: Owner, manager or lessor of lhe premises where you conduct practices or games 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 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Atlantic Beach ACCORDANCE WITH THE POLICY PROVISIONS. 800 Seminole Rd. AUTHORIZED REPRESENTATIVE Atlantic Beach , FL 32233 4J ~ ACORD 25 (2014/01) © 1998-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: BUDGET: RECOMMENDATIONS: ATTACHMENTS: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Facility Use Contract with Brecht Catalan Tennis Pro September 21, 2016 Timmy Johnson, Recreation Director@ AGENDA ITEM 4E OCTOBER 10, 2016 At the September 12, 2016 City Commission meeting, there were several comments concerning Brecht Catalan's use of the tennis courts at Russell Park. Commissioner Stinson, Staff, Brecht Catalan and resident, Lou Keith met to address the concerns. The outcome of the meeting was to post the Tennis Pro schedule at the tennis courts, provide clinics for youth and look into installing a webcam at the courts. All leagues will need to reserve the courts through the Recreation Department. The contract has been revised to include the Public Records Provision as discussed in the aforementioned 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 fee in the contracts is $200 for the fiscal year, which is consistent with previous years. Authorize the City Manager to sign a contract with Brecht Catalan for scheduled use of the tennis courts at Russell Park. Brecht Catalan Proposed Contract, financial statement, schedule, fees and insurance REVIEWED BY CITY MANAGER: ·~ V%:-r 2UZ:-1 ~ CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of. _________ , AGENDA ITEM 4E OCTOBER 10, 2016 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 Instructor of 12855 Greenmeadow 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 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 $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 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 4E OCTOBER 10, 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 ofre-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 151h 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 4E OCTOBER 10, 2016 I. 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 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 PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1 ~ 2016 per Chapter 2016-20, Laws of Florida AGENDA ITEM 4E OCTOBER 10, 2016 Section . Public Records --- (a) IF THE CONTRACTOR BAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, DBARTLE(a)COAB.US , 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's c ustodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapte r or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency a ll public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the coo tractor shall destroy any duplicate public records that are exempt or confidential and exempt for public records di scl osure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to th e public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. (c) Failure to provide the public records to the public agency within a reasonable time may s ubj ect the contractor to penalties under s. 11 9.10 and s. 119.0701(4), Florida Statutes. Note: Section (a) above must be in at least 14-point boldfaced type 00700466-1 2015 AGENDA ITEM 4E OCTOBER 10, 2016 Financial Report Tennis Programs Winter/ Spring Programs 117 partici pa nts $1170.00 Priv ate lesson s $1200.00 Summer Programs 89 Participants $890.00 Private lessons $800 .00 Fall Programs 66 Participants $660.00 Private lessons $320.00 Pro bono I Volunteer Service 300 hours $0.00 Total $5,040 CITY OF ATLANTJC BEACH CITY COMMIS SION MEETING STAFF REPORT AGENDA ITEM SA OCTOBER 10, 2016 AGENDA IT EM: Mayp011 Road Co mmunity Redevelopment Plan Di sc ussio n SUBM ITT ED BY: DATE: Derek W . Reeves, Pl a rm cr / ~ Septemb er 28, 20 16 STRATEGIC PLAN LINK: No ne BACKGROUND: This i s a continuati o n of the discus sion fro m th e presentat ion to Co mmi ssion on Septemb er 26, 2016 relat ed to the impl eme ntati on of th e Redeve lo pment Pl an/Communi ty Redeve lopment Area (CRA). Co mmi ss ion asked several qu estio ns during th e discuss io n th at staff will attemp t to answer prio r t o t he mee tin g on Octobe r 10, 2016. Du e to th e sh01t tum around fo r agenda packets, so me answers may be available i n an amen ded sta l'f repo rt or at th e meeti ng in a presentat ion. Severa l qu es tion s revol ved aro und mceUng attend ance throughout th e project a nd th e inp ut that was re ceived from th ose t hat atlondcd. A copy of t he minutes, s ig n-in shee ts and s urvey responses has been prov id ed with t his staff report. Please note th a t fo r questions 1-5 of the survey res ults tJ1 at th e lower numbered items .in th e survey are th e ''Prefencd" respo nses. BUDGET: No ad diti ona l bud get ex pen se to conti nu e di scussio n. RECOMMENDATION : To get Co mmi ssion co nse ns us to move fo rward with creation of th e CRA. ATTACHMENTS: Copy of the Mayport Road Com munit y Redevelopment Plan, copy of th e presentatio n from 9/26/16, Copy of the Com bin ed M eetin g Minutes a nd Outreach REVIEWED BY CITY MANAGER: ~ V4kt d<LA L ,l ~ ~ ~ ~ • fJf: ~ "" • • • w • ., • • • • • • $~====~:;;;:;~~~--·--~~~--~ : ;;:; . ~-. • • • • • • • • • I ~ AGENDA ITEM 8C OCTOBER 10, 2016 Existing Boat Ramp Facilities Ramp Name Lanes Spaces M.B. Scanlan 6 75 Facility Comparative Cost-Funding McCue 4 37 Oak Harbor 1 28 Total 11 140 Johnston Island: 4 Lanes ·60 Spaces, Increase Public Accessibility 43% Funding and Grant Options Multiple public and private funding options area available including: Florida Inland Navigation District: Waterways Assistance Program U.S. Department of the Interior, Fish and Wildlife Service: Boater Infrastructure Grant Program FDEP: Florida Recreational Development Assistance Program (FRDAP) FDEP: Land and Water Conservation Fund Program (LWCF) Florida Fish and Wildlife Conservation Commission: Florida Boater Improvement Fund Preliminary Estimate of Capital Costs Item Mobilization: Description Estimates Cost Site Work: Paving & Drainage: Water & Sewer: Electrical: Boat Ramps & Docks: Buildings and Structures: Landscaping SUB-TOTAL: CONTINGENCY 20%: Mobilization, Temp. Facilities, Permits, Survey Erosion Control, Excavation, Fill, Disposal Pavement, Curbing, Parking, Walks, Underground Drainage Well & Septic, Fire Protection Site Electrical and Site Lighting Ramps, Bulkhead, Docks, Piles and Signage Welcome Center & Picnic Pavilions Tree, Shrubs and Groundcovers, Irrigation $ 50,000 $ 350,000 $675,000 $ 100,000 $ 100,000 $ 600,000 $ 1,800,000 $,100,000 $ 3,775,000 $750,000 PROJECT$ RANGE: 3.75-4.5 Million, Plus Site Costs and Design/Permitting Fees ~ ~Bl!J~~ 904-270-0751 AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission AGENDA ITEM 9A OCTOBER 10, 2016 Yvonne Calverley, Executive Assistant to the City Managt"G September 27, 2016 None The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • A Town Hall Meeting is scheduled for 10 am on Saturday, October 15th at the Jordan Park Center. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for October through December 2016 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (October through December 20 16) CITY MANAGER: '----1/;. f/ ~ ~1 ..., :'l''\D .\ Y \({)'d)\'\ 6 7 Sea & Sky Air Show 13 14 Commission Mtg 6:30pm (In voc-Reeves) Videotaped 20 21 Songwr iters· Concert 6-8 pm Adele Grage 27 28 Commission Mtg 6:30pm (Invoc-Stinson) Videotaped MAYOR AND COMMISSION November 2016 'llT:'D \ Y \'\'1 :1 )'\ L:'D \ Y 'llll'R:'D.\ '\ 1 2 3 8 9 10 Newsletter Due Due Date fo r (Harding) 11/28 Agenda Items 15 16 17 22 23 24 Due Date for City Offices 12/12 Closed Agenda Items 29 30 I·RID.\Y 4 11 Veterans Day City Offices Closed 18 25 City Offices Closed :' \'1 L'RD \ Y 5 Sea & Sky Air Show 12 19 26 0)> n~ -1m Oz CDc ~l> .... -0-1 .. m N~ 0\Q ~l>