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HomeMy WebLinkAboutDocumentation_Regular_Tab 18_1/13/2022Agenda Item #18. Regular Council STAFF MEMO Meeting: Regular Council - Jan 13 2022 Staff Contact: Greg Corbitt, Director of Parks and Department: Parks and Rec Recreation EBOW Approve Recreation Center Policies and Procedures/Summer Camp Contract .- New Recreation Center Policies & Procedures/Summer Camp Contract with SportsTyme. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. Approval of New Recreation Center Policies & Procedures/Summer Camp Contract with SportsTyme. Policv Hours Of OPeration 2 Policy Rental Rates Policy age requirements Proof of Residency Rules & Regulations Policy 2022 Summer Camp Projected plans Recreation Facility Rental Agreement (final draft v2) Page 473 of 488 Agenda Item #18. Village of Tequesta Parks and Recreation Department Policies Title Hours of Operation Purpose To establish a policy for hours of operation for the Parks & Recreation facility located at 399 Seabrook RD., Tequesta Policy Statement Monday: 8:OOAM — 6:OOPM Tuesday: 8:OOAM — 8:OOPM Wednesday: 8:OOAM — 6:OOPM Thursday: 8:OOAM — 8:OOPM Friday: 8:OOAM — 6:OOPM Saturday: 10:00AM — 6:OOPM Sunday: CLOSED Page 474 of 488 Agenda Item #18. Page 475 of 488 Agenda Item #18. Village of Tequesta Parks and Recreation Department Policies Title Facility Rental Rates/Fees Purpose To establish a policy for the fee structure regarding a VOT Resident at the Recreation facility Gymnasium -Full Gymnasium 1 /2 Court Game Room Activity Room 1 Activity Room 2(AV Equip) Activity Room 1 and 2 After hours staff charge Policy Statement $200.00/hr. $100.00/hr. $78.00/hr. $48.00/hr. $60.00/hr. $108.00/hr. $45.00/hr. Page 476 of 488 Agenda Item #18. Village of Tequesta Parks and Recreation Department Policies Title Age Requirement without parent supervision permitted in the facility Purpose To establish policies to set standards of entry into the game room and open gymnasium Policy Statement Age Requirement for entry into game room and open gymnasium of 14 years old. Page 477 of 488 Agenda Item #18. Village of Tequesta Parks and Recreation Department Policies Title Village of Tequesta Residency Purpose To establish policies to set Proof of Residency Policy Statement Resident is defined as a person who resides in the incorporated boundaries of the Village of Tequesta, who pays taxes to the Village incorporated (through mortgage or rent) and has the ability to vote in municipal proper elections. A non-resident is a person who does not reside in the incorporated boundaries of the Village of Tequesta, who does not pay taxes to the Village incorporated (through mortgage or rent) and does not have the ability to vote in municipal proper elections. Proof of Residency requirement a driver license, picture ID with address or any other documentation you would like in order to validate their address. Page 478 of 488 Agenda Item #18. Village of Tequesta Parks and Recreation Department Policies Title Rules and Regulations for Tequesta Recreation Center Purpose To establish policies to set Rules & Regulations to operate the Recreation Center Policy Statement The Village Of Tequesta Parks and Recreation Department is committed to providing quality programs and service for our residents and guests. The following rules and regulations have been implemented to operate the Tequesta Recreation Center and to ensure our patrons enjoy their experience at our facility. Facility Use Rules Everyone must check in at the front desk prior to joining a program the Tequesta Recreation Center. All participants must have an Information and Release form and COVID-19 Waiver of Liability on file before participating in any Recreation activity. If one is not on file, one needs to be filled out on the spot. Proof of Residency is required to be eligible for the resident rate. Refer to the approved list of items located at the main desk. The facility doors will be locked at the end of operational hours. Appropriate attire is required at all times. Shirts and shoes must be wom inside the building. Page 479 of 488 Agenda Item #18. Profanity, obscene gestures, and inappropriate displays of affection will not be tolerated. Smoking and tobacco products are not allowed in or around the facility. This includes the use of e-cigarettes, and/or any type of smokeless tobacco. Report any damaged or broken equipment to staff. Hanging on rims or nets in the Tequesta Recreation Center or on the outdoor court (Constitution Park) is prohibited. Violators will be asked to leave the facility/park. The Game Room, Adult Activity Rooms, Youth Activity Room, and Gymnasium may not be used to conduct any activity, program, or other event not operated by the Recreation Department unless the proper rental arrangements have been made in advance. The Village Of Tequesta Parks and Recreation Department is not responsible for lost or stolen property. It is highly encouraged all persons leave any valuables at home or on their person. All accidents/injuries requiring assistance/first aid will require a staff member to complete an Incident or Accident Report. Cooperation in obtaining patron information is requested. Payment must be made upon registration for programs. Participation/attendance will not be allowed without payment. Changes in facility schedules may occur without notice. Staff will post schedule changes with as much advance notice as possible. The use of the Village Of Tequesta Parks & Recreation Department facilities is a privilege and participants are expected to respect the rights of others. Individuals who engage in unacceptable or irresponsible behavior may have their access to the facilities revoked or modified indefinitely. Additional guidelines deemed necessary for the safety and comfort of facility patrons will be enforced. Page 480 of 488 Agenda Item #18. Summer Camp Comparison Chart Name of Camp VOT Rec Sportstyme Amount of weeks 9 10 offered Cost to VOT to cover Apprx. $55,000 $0.00(cost to Village) staff Cost to VOT for Apprx. $30,000 $0.00(cost To Village) equipment budget Bus for Field trips, balls, crafts, toys # of campers Up to 60 Up to 100 Possible revenue $40,000-$55,000 $15,000 Ages 7-11 years old 5 and up Possibly break even or be a minimum cost of a couple thousand + to the VOT Number of VOT staff Up to 15(depending *including camp on#of campers) director NOTES December -June The difficulty in (planning, recruiting, recruiting staff has hiring, training) increased due to the June -August low end pay scale, but (Supervising camp also now because of and staff), including COVID oversight of other rec programs happening in the building Resident Fees $150.00/wk. $160.00/wk. Non -Resident Fees $170.00/wk. $180.00/wk. Page 481 of 488 Agenda Item #18. Page 482 of 488 Agenda Item #18. VILLAGE OF TEQUESTA PARKS AND RECREATION DEPARTMENT FACILITY USE AGREEMENT THIS AGREEMENT FOR use of the Village of Tequesta Rec Center Gymnasium and Constitution Park ("Agreement") is entered into and effective this day of , 20 (the "Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and , with offices located at hereinafter the "Renter" and collectively with the Village, the "Parties". WITNESSETH The Village and the Renter, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. FACILITY INFORMATION AND FEES: The Parties hereby agree to enter into this Agreement whereby the Village will allow Renter to occupy certain areas in the Village Rec Center Gymnasium and Constitution Park as further described below, for the purposes of operating a Summer Camp -type program. The Facility is located at 399 Seabrook Road, Tequesta, FL 33469 ("Facility"). Renter agrees to pay the weekly fee of $ session operations, totaling $ for Facility use during for weeks ("Fee"). Renter agrees to make payments to the Village by check, with half of the Fee due prior to the first day of facility use, and the other half due on the Monday of the last week of the camp program. If Facility space is needed for training or orientation dates for staff, that will be covered by a separate agreement. 2. USE OF FACILITY: The Facility shall be used for the purpose stated in the Agreement and as further described in the Renter's proposal, attached as Exhibit "A." Renter shall comply with all local, state, and federal laws related to its program and use of the Facility. The gymnasium is a secure location in the building and requires a key fob to enter. Only Village staff have access Page 483 of 488 Agenda Item #18. to opening the secured doors. The areas of the Facility that are off limits to the Renter are: the game room, kitchenette, offices, lobby slide, and activity rooms 1, 2, & 5. In the event that the playground is used, Renter must follow a "Playground Supervision Plan" which will be attached to this Agreement as Exhibit `B." people is the maximum building occupancy for the gymnasium. Due to fire codes, the Renter shall not exceed this number. It is the responsibility of the Renter to provide adequate supervision to the youth during organized and unorganized activities. Any use of Constitution Park must be appropriately monitored by the Renter and its staff. Restrooms must be appropriately monitored by the Renter and its staff when in use by the youth. Alcohol, gum, vaping, and tobacco products are prohibited in the park or in the Facility. Renter shall not store any equipment or materials at the facility without approval of the Recreation Supervisor. Renter shall not remove, relocate, or take Village property outside for any reason without approval from the Recreation Supervisor. Renter is responsible for cleanup of the facility. Renter shall pick up, bag, and remove all trash generated inside the facility. Renter must sweep the gymnasium floor daily. It is the responsibility of the Renter to keep, collect and store any items, known as "lost and found," that are left behind by the youth attending its program. Renter will leave all fixtures in the condition that they were found in or be charged for any damages. Any and all damage in the park or inside the facility must be reported to the Recreation Supervisor in writing to kworley@tequesta.org as soon as it is noted. Failure to do so will be conclusive evidence that the damage was caused through the fault of the Renter. In the event there is any damage to the facility equipment, furniture, or park equipment, through the fault of the Renter, its staff, or youth attending its program, the Renter shall pay all fees to cover the costs of repair. 3. CAMP RULES, REGULATIONS, AND TRAININGS: All Renter's camp staff ("Camp Staff') are required to pass a level 2 background check. Any Camp Staff that fail said background check are prohibited from working at the Facility under this Agreement. A list or description of all staff qualifications, trainings, and prescreening is attached as Exhibit "C." A description of camp rules and regulations will be provided to the Village Recreation Supervisor. At all times Renter will ensure these rules and regulations are followed. Renter agrees to provide Village residents priority registration, including early registration and reduced cost registration. Camp attendees will be dropped off and picked up in a car line style. Camp Staff will be responsible for the security and safety of the youth at all times during this process and must have a staff member available to walk the youth into the building at drop off time. Parents are prohibited 2 Page 484 of 488 Agenda Item #18. from entering the Facility at this time, and it is the responsibility of the Camp Staff to enforce this rule. All Camp Staff will park in the parking lot across the street from the Facility on Seabrook Road. 4. TERM; TERMINATION, NOTICE: This Agreement shall be for a term of commencing on and ending on This Agreement may be terminated without cause by either party upon 60 days written notice to the other party. This Agreement may be terminated for cause for (i) either party's failure to comply with the material terms of this Agreement, or (ii) any representation, guarantee, or warranty made by the other party in this Agreement or any of its exhibits proving to have been incorrect or false in any material respect when made. In the event that either party wishes to terminate this Agreement for cause, that party must give the other party written notice of the alleged cause for termination and seven (7) days to cure the alleged cause for termination. Village Renter Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Attn: Greg Corbitt, Director Parks and Recreation 5. INSURANCE: The Renter shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Village and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 6. INDEMNIFICATION: The Renter shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Renter, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 7. RELATIONSHIP OF THE PARTIES: It is specifically understood that the Renter is not an agent or employee of the Village. Both the Village and the Renter agree that this Agreement 3 Page 485 of 488 Agenda Item #18. is not a contract for employment and that no relationship of employee —employer or principal — agent is or shall be created hereby, nor shall hereafter exist by reason of this Agreement. 8. AMENDMENTS AND ASSIGNMENTS: This Agreement and all Exhibits attached hereto constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Renter shall under no circumstances sublease the Facility or allow any other organization or individual use of the Facility without prior written consent of the Village. 9. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 10. CHOICE OF LAW, VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 11. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Renter must keep and maintain this Agreement and any other records associated therewith and that are associated with the perforinance of the work described in Scope of Services. Upon request from the Village's custodian of public records, the Renter must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Renter who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Renter shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Renter does not transfer the records to the Village. Finally, upon completion of the Agreement, the Renter shall transfer, at no cost to the Village, all public records in possession of the Renter, or keep and maintain public records required by the Village. If the Renter transfers all public records to the Village upon completion of the Agreement, the Renter shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Renter keeps and maintains public records upon completion of the Agreement, the Renter shall meet all applicable requirements for retaining public records. Records that are C! Page 486 of 488 Agenda Item #18. stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE RENTER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RENTER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliamsnu,teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 12. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 13. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 14. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Renter of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Renter shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: [ ] (Corporate Seal) 5 Page 487 of 488 Agenda Item #18. ATTEST: Recreation Supervisor VILLAGE OF TEQUESTA By: Greg Corbitt, Parks and Recreation Director