Item 4B- Contract with ABETAGENDA 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
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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.
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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. ·
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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."
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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
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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
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