Holding fast to the contention that their contract to manage Jacksonville’s premier urban public space was drafted, approved by City Council and executed with incorrect language, the Friends of Hemming Park cleared the second of three hurdles toward receiving a $150,000 payment from the city.
Mirroring the vote Monday at the council Finance Committee, the Rules Committee also voted 6-1 in favor of amending the language in the agreement. Committee Chair Matt Schellenberg cast the vote against the change.
Friends board member Bill Prescott repeated the position he shared Monday before the Finance Committee. The nonprofit contends it should be allowed to count any form of revenue toward the contract’s $250,000 private fundraising performance requirement.
“Clearly, the intent was that all the money we received would go toward the $250,000,” said Prescott.
RELATED STORY: Friends executive director had to loan nonprofit $7,000 to make payroll in July.
The city withheld a $150,000 payment scheduled June 1 based on an opinion from the Office of General Counsel that revenue from sales of concessions does not qualify as “private donations,” the language in the management contract that went into effect Sept. 1.
“We can split hairs,” Prescott said of the city attorney’s opinion.
Assistant General Counsel Margaret Sidman pointed out the fundraising language in the contract specifies “private donations” with no reference to revenue from sale of merchandise.
“The final contract was voted by council and signed by the parties,” she said.
“We read it. We were unaware it was changed,” said Friends President Wayne Wood after the meeting.
He said it is a long contract, only five words were changed and the organization was focused at the time on going to work in the park.
“We were hiring staff and setting up the office,” he said.
Prescott again stated the board is considering a 3 percent across-the-board pay increase for the staff. Finance Committee member John Crescimbeni told Prescott on Monday that before the full council votes on the amendment Tuesday, he wants an assurance from the board that the pay raises would not be granted.
Prescott said the board feels increases are necessary because the seven staff members joined the organization at below-market salaries because they were excited about the opportunity to improve the park.
He said the executive director came aboard for $60,000 per year, the marketing director for $52,500, the operations director for $42,000 and the events and programming coordinator, $40,000.
“We want to keep the team together,” said Prescott.
The Friends also are lobbying for the city to continue to fund the nonprofit after the 18-month, $1 million agreement expires.
Prescott said Monday the city should contribute as much as $500,000 each year toward the Friends’ budget. The Friends have been told by officials the $1 million was intended as seed money only.
He said the park staff is “doing what they are doing on a shoestring.”
Council member Tommy Hazouri praised the improvements made in the park since September.
“Hemming Park has never reached the point as good as it is today,” he said.
Hazouri was less positive about the city taking on a long-term obligation to fund the Friends.
“That’s a question for another day,” he said.
Following a public hearing, the full council is scheduled to vote Tuesday on the contract language amendment.
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