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08-22-17 CARAC Agenda Packet r;$ri1Lyri" j� CULTURAL ARTS and RECREATION ADVISORY COMMITTEE CITY OF ATLANTIC BEACH Meeting Agenda Tuesday,August 22, 2017 Adele Grage Cultural Center Theater 6:00 p.m. 1. Call to order—Co-Chair 2. Approval of Meeting Minutes from July 25, 2017 3. Recognition of Visitors 4. Ongoing Business a. Pickleball Suggestion—All Members b. Committee Contributions &Timeline - Dawn c. Jazz Festival Proposals Update— Pam 5. New Business a. Contract for Theater Use b. Meeting Time Change c. Upcoming Events Update (Arts in the Park/Artisans' Faire) 6. Other Agenda Items/Announcements a. Next meeting—scheduled for September 26 b. Agenda items for next meeting 7. Adjournment Upcoming Events Movie Night"MOANA"—Friday,August 25 @ Bull Park Intracoastal Paddle —Sunday, August 27 @ Dutton Island Acoustic Night—Sunday, August 27, 6-8 p.m. @ Bull Park Flag Football Registration begins August 28 Arts in the Park Applications available September 1, acceptance starts Oct. 1 Songwriters Concert—Sunday,September 10, 6-8 p.m. @ AGCC Theater Campout Registration begins September 15 Artist Reception for Sandy Harrington—Thursday, September 21, 5-8 pm -AGCC Mid-Week Market-Wednesdays, 3-6 p.m.—Bull Park Senior Aerobics—Wednesdays, 10-11 a.m.—Baker Center Qigong, Meditation, Yoga,—Wednesdays 9:30 am, 6 pm, 7:30 pm -AGCC Zumba —Wednesdays, 6:30-7:30 p.m. —Jordan Center Meditation—Thursdays 9:30 am—Adele Grage Center Yoga—Sunday 3:30 pm —Adele Grage Center 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 of ,Florida (904) - (hereinafter"Renter"). WHEREAS, Renter desires to use the following public facility: Adele Grage Cultural Center Theater 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 through with annual reviews. 2. Amount and Time of Payment: Renter,in exchange for use of the facility,shall pay to the City$25 per event or activity and a$200 deposit(in accordance with Section 5-32 of the City Code);fee shall be paid no later than the 5th of each month. Renter shall provide the City with proof of non-profit status by providing copies of current tax-exempt form and 501 (c)(3). 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions,all and every one of which Renter hereby covenants and agrees, with the City, to inherent and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager(requests shall be made in writing to the Recreation Department). b. Request to serve beer,wine or any type of alcoholic beverage shall be submitted to the Recreation Department along with a Rental Agreement Application,which will be forwarded to the City Manager for approval. Events or activities involving the use of alcoholic beverages requires an off-duty City of Atlantic Beach Police Officer at the Renter's expense(City Code Section 5-32). 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. 1 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(all requests must be made in writing). g. Renter's use of the facility is not exclusive outside of the dates and times as set forth below. h. Renter shall leave the facility available for use by other parties after each use. This may include removal and storage of Renter's property if requested by the Recreation Department. i. 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. The use of the facility, in addition to the approved submitted dates, 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 156 day of each month for a day or time period within the following 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 of January. • Key badges will be programmed by the City according to the approved submitted reserved times by the Renter. L Renter shall maintain, at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and$1,000,000 for damages to property.The insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance,and shall name the City as an additional insured under said policy. 2 • 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 may be unique and particular to the Renter. m. 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 Cultural Center Theater. n. 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. Renter will return the facility in the same 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. All scheduling authorizations and moving of Renters must go through the Recreation Department. Renters should not ask Renters to move locations. 7. Additional provisions agreed upon by the City 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 Renter agrees to the following: • Renter shall keep the facility clean and organized for public showing and use by others at all times. • Renter shall be responsible for the building and its belongings while utilizing the facility. • Renter 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 and may cancel reserved dates with Renter within 7 days of the reserved date(City Code Section 5-32). Renter shall submit a Rental Agreement Application and attach a reasonable use calendar with a maximum of 20 days use per month. 3 o If submitted dates and times reserved are not used without a 7 day cancellation by the renter(in writing),there will be a$25 fee assessed to the Renter and must be paid before continued use of the building will be permitted. • Access to the facility will be based on the schedule of events shown on the approved calendar. • Additional use of the facility,other than submitted calendar dates, must be scheduled through the Recreation Office in advance (no less than 7days notice after the 156 of the previous month). • Renter understands that full paying reservations have priority of rental of building and can cause a reserved day to be"bumped"or relocated other than performance days. • Renter shall keep all walkways and doors free from obstacles so that someone in a wheelchair can pass through(Fire exits must remain clear at all times). • Theater Renters are prohibited use of the kitchen when the meeting room is reserved by another Renter. The kitchen is part of the back room rental and is unavailable to anyone other than the meeting room Renter when the back room is rented. • Renter agrees to not go over the maximum capacity in each room(theater and/or meeting room-according to Fire Code). 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten(10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its discretion, may declare this agreement ended. In that event,Renter shall immediately remove all persons and its property from the facility; in 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, removal fees, etc. 9. TERMINATION OF AGREEMENT: This Agreement may be terminated at any time prior to the ending date with a 30 day written notice and signature of the City Manager. 4 PUBLIC RECORDS REVISIONS 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 (c) Failure to provide the public records to the public agency within a reasonable time may subject the contractor to penalties under s_ 119.10 and s. 119.0701(4), Florida Statutes. IN WITNESS WHEREOF,we have hereunto set our hands and official seals this day of ,2017. CITY OF ATLANTIC BEACH "CITY" "RENTER" Printed Name Printed Name City of Atlantic Beach Department of Recreation and Special Events 716 Ocean Blvd. Atlantic Beach,FL 32233 904-247-5828 - email:recreation@coab.us 6 t) , CITY OF ATLANTIC BEACH ? CULTURAL ARTS and RECREATION ADVISORY COMMITTEE Meeting Minutes Tuesday,July 25, 2017 @ 6:00 pm Adele Grage Theater Present: Grant Healy,Marina Kaplan,Beverly Norman,Dawn Pope,Pam White,Jay Wilson-6:55 pm arrival, Timmy Johnson (Liason),Della Giovanni(Recording Secretary) Absent: None 1. Call to order-Chair,Grant Healy called the meeting to order-6:05 pm 2. Minutes from June 27,2017-Pam asked to discuss last portion of minutes regarding artists from Arts in the Park. Grant explained it needs to be on the Agenda if it will need to go to a vote. Timmy Johnson explained if for discussion,can be discussed at the end of the meeting. Beverly motioned to accept the June 27 minutes,Dawn seconded the motion. Also Special Called Meeting minutes from July 11,2017 were approved as written.motioned by Dawn,seconded by Beverly;all in favor for both minutes. 3. Recognition of Visitors-none present 4. Ongoing Business: Grant Healy moved agenda item 4B up for discussion a. COMMITTEE CONTRIBUTIONS-Grant 1. Reviewed process of procedures for Contributions/timeline;Kevin Hogencamp has given approval to go ahead as written. b. BUDGET PROPOSAL-Grant 1. Presentation to Commission went well c. JAZZ FESTIVAL-Pam White 1.Timmy Johnson sent out samples of musicians to Committee,Pam asked input from them: a. Suggest Chris Thomas Band as headliner b. Contacting distributors to sell beer/wine;great concern of controlling beverage intakes;turning over to Recreation Department since there seems to be more legal issues than what is allowed to work with c. Researching stage options I. Timmy explained that the City has access to a stage through Jacksonville with lighting at no cost II. Mike Shackelford available to assist with professional sound system d. Beaches Fine Arts Concert is September 22,our event needs to be September 15th otherwise it will compete with other events,including WEB.com/end of September e. Checked with football schedules, September 15 does not seem to conflict with any major games f. Food Trucks-Della advised unable to book more than a couple of months ahead g. Thoughts of artists at the Jazz Festival:consensus was to stick to music the first year d. BOCCE BALL-Jay Wilson 1. Nothing to report a. Timmy recommended following changes: have registration cutoff date,have all items/prizes gathered and put together by a specified date e. TURKEY TROT-Timmy 1. Asking for volunteers,get the word out,volunteers needed M-TH of the event a. Dawn volunteered to get Fletcher High Students b. Grant and Beverly agreed to assist during the week not on Thursday 6. New Business a. PICKLE BALL-Timmy 1.Committee approved Pickle Ball to be put at Donner Park,court is complete 2. A resident is asking that the City tear down the Racquetball Court and build a Pickle Ball Court at Russell Park;Kevin Hogencamp is requesting input from the Committee. a. Responses: Dawn mentioned that it is a fad that is temporary;Jay preferred to have Soccer vs. Pickle Ball (attracts seniors-already a league in Neptune Beach, questioned if AB needs to also provide) b. Timmy explained there are 4 courts at Donner Park now;a request from Kevin Hogencamp to get public input on topic c. Dawn questioned how often the courts are used d. Grant assigned Committee to randomly go by Donner Park to see the courts and how often they see being used;also recommended they do the same for the Racquetball Courts and report at next meeting. The Committee was in agreement that they did not see this topic to be a priority. Cameras on tennis courts might show usage of racquetball courts 7. Special Request-ABAA a. Timmy brought to the Committee a request from the ABAA for special allocation to the Commission to help support 12U division to go to Championship/World Series they won the right to attend b. Advised that the Committee has no funds but can make recommendation for City to fund c. Pam mentioned that she did not want the funding to go towards travel expenses d. Grant pointed out that having the team move on,brings attention to our City and publicity; he asked for a motion to recommend funding from special allocation fund;Jay motioned for same amount as last year,$1000;Beverly seconded the motion. Discussion:Pam wants the Committee to be able to allocate how the funds are spent;Timmy suggested requesting receipts for proof e. Grant made a motion for stipulation for$1000 to spend on uniforms,Jay seconded;all in favor 8. Artisans'Faire-Non agenda discussion a. Pam requested to discuss Artisans'Faire;asked for clarification on invites to the event b. Della explained process,which is same as last year-submitted names from Committee Members,gallery exhibitors,festival/show artists,AITP designees,etc. c. Beverly agreed that under extenuating circumstances,artists committed to an event who were unable to attend should be considered for invite as a courtesy and to keep good faith in the community,gives good word of mouth to the community d. Grant suggested not offering an invite when approaching artists but to introduce as a Committee Member and familiarize artists about our programs but not invite in case they do not fit into the venue or may not get invited e. Timmy explained that submitted names or circumstances are not automatic invites 9. Upcoming Events-Grant a. Pam will be running next meeting b. Change in recruiting process for members regarding interviewing and selections c. No new members will be selected for a while until recruitment process is completed d. Some committee terms are longer than this committee's 10. Next Meeting-August 22,2017 @ 6:00 pm in Theater a. Contribution Presentation to Commission b. Changing CARAC meeting time to 6:30 pm c. Event follow up:Jazz Festival&Artisans'Faire d. Review Pickle Ball Results 11. Adjournment-with no further business,Jay motioned for adjournment, Pam seconded the motion to adjourn the meeting. The meeting was unanimously adjourned at 7:20 p.m. Grant Healy,Chairperson