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Item 4C- Contract with First ActAGENDA 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••