Item 4E- Contract with Brecht Catalan, Tennis InstructorAGENDA 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
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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.
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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.
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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