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GGCC Advisory Board Agenda 06/02/2014 Golden Gate Community Center Advisory Board Agenda June 2 , 2014 COLLIER COUNTY DIVISON OF PUBLIC SERVICES Parks and Recreation Department 15000 Livingston Road —Naples, Florida 34109— Phone(239)252-4000 — Fax(239) 514-8657 Website: colliergov.net GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD AGENDA Lti) 11 June 2, 2014 i;, V'V 2 p/ r , I. Call to Order II. Attendance — Establish a Quorum Ill. Approval of Agenda IV. Approval of Minutes — May 5, 2014 V. Public Comments VI. Old Business A. Recreation Highlights — Vickie Wilson B. Meeting Schedule VII. New Business A. Month to Date Budget- 210/Year to Date — Jeanine McPherson B. Approval - Draft Budget FY2014-15 C. Approval of the Naples BMX Inc MOU VIII. Member Comments IX. Adjournment The next meeting TBD at 6:00 PM Collier County Golden Gate Community Center 4701 Golden Gate Parkway, Conference Room "C" Naples, Florida WilsonVickie From: FinnEd Sent: Tuesday, May 06, 2014 12:16 PM To: McPhersonJeanine; WilsonVickie Cc: Washburnllonka Subject: Updated GG Comm Center Budget Page & Requested Information Attachments: Budget Pages revised 5-6-14.pdf Attached is an update of the budget pages. Pursuant to advisory board requests I adjusted the notes to include taxable value and millage information. Also applied where adjustments for rounding and adjustment to reserves to balance the fund. Effectively there are no operational reserves. You should probably distribute this update. Tax Value and Millage Information. The budget is based on a millage neutral scenario, meaning you are proposing to use same millage as last year. If values do not increase by 4.5%we may want to revisit a potential increase in millage rate. Similarly, if there is an intent to fund the capital reserve we may want to consider a millage rate increase. Golden Gate Community Center FY 15 General Fund Millage Rate Analysis Taxable Value Millage Tax Levy 2014 Estimated Taxable Value-June 1 for FY15 Dr 20 Line 4r $1,543,242,448 0.1909 r 5294,505 FY 15 Miliage Neutral Tax Scenario S r $1,543,242,448 0.1909 r $294,500 Golden Gate Community Center FY 14 General Fund Millage Rate Analysis Taxable Value Millage Tax Levy 2013 Taxable Value-July 1 for FY14 DR420 Line 4 $1,476,787,032 0.1909 r 5281,919 FY 14 Tax Neutral Scenario r $1,475,787,032 0.1909 r 5281,900 Max Mill allowable under ordinance 0.9000 Belwo is the capital recovery schedule that was developed several years ago. Based on the proposed FY15 budget the reserve is$12,375 underfunded. In calculating the shortfall I am relying entirely on the assumptions from the following schedule. I do not know if the assumptions are good, overstated or understated. I would suggest that you meet with Facilities Management to update cost estimates and assumptions. 1 CAPITAL RESERVES GOLDEN GATE COMMUNITY CENTER(FUND 130) ROOF(FY2006 Cost$75,576) I Roof AIR CONDITIONER(FY1593 Cost$28,916) AC Capital CAPITAL Budget Previous Cost of Replacement Reserve Previous Cost of Replacement Reserve Reserve RESERVE Year Year Cost Inflation Cost Should Be Year Cost Inflation 2.ost Should Be Should be BUDGET 1993 $28,916.00 $ - $ 28,916.00 1994 - 28,916 867 29383 3,003 3,003 1995 - 29,783 894 30,677 6,007 6,007 1996 - 30,677 920 31,597 9,010 9,010 1997 - 31,597 948 32,545 12,013 12,013 1938 - 32,545 976 33,522 15,017 15,017 1999 - 33,522 1,006 34,527 18,020 18,020 2000 - 34,527 1,036 35,563 21,023 21,023 2001 - 35,563 1,067 36,630 24,027 24,027 2002 - 36,630 1,099 37329 27,030 27,030 2003 - 37323 1132 38,861 30,033 30,033 2004 - 38,861 1,166 40,027 33,037 33,037 2005 - 40,027 1201 41227 36,040 36,040 21100 2006 75,576 - r 75,576 - 41,227 1,237 42,464 39,043 39,043 33.400 2007 75,576 2,267 77,843 6,825 42,464 1,274 43,738 42,047 48,872 45,700 Age 2008 77,843 2,335 80,179 13,650 43,738 1,312 45,050 $ 45,050 58,700 58.700 Scl 2009 80,173 2,405 82,584 20,475 45,050 1,352 46,402 45,050 65,525 65.600 2010 82,584 2,478 85,061 27,300 46,402 1,392 47,794 45,050 F 72,350 72.400 2011 85,061 2,552 87,613 34,125 47,794 1,434 49,228 45,050 73,175 79,200 2012 87,613 2,628 90,242 40,950 49,228 1,477 50,704 45,050 86,000 86,000 2013 90,242 2,707 92,949 47,775 50,704 1,521 52,226 45,050 92,825 „4;, i£ 2014 32,349 2,788 95,737 54,593 52,226 1,567 53,732 45,050 99,650 94.100 2015 95337 2,872 98,610 61424 53392 - 53392 45,050 108,475 94,100 - 2016 98,610 2,958 101568 68,249 53,732 - 53392 45,050 113,300 - 2017 101,568 3,047 104,615 75,074 53,792 53,792 45,050 120,124 - 2018 104,615 3,138 107,753 81899 53,792 - 53,792 45,050 126,949 - 2019 107353 3233 110,986 88324 53392 - 53332 45,050 133,774 - 2020 110,986 3,330 114,315 95,549 53,792 - 53,792 45,050 140,599 - 2021 114,315 3,429 117,745 102,374 53,792 - 53,792 45,050 147,424 - 2022 117,745 3,532 121,277 109,199 53,792 - 53,792 45,050 154249 - 2023 121277 3,838 124,916 116,024 53392 - 53392 45,050 161074 - 2024 124,916 3347 128,663 122,849 53392 - 53392 45,050 167,899 - 2025 128,663 3,860 132,523 129,674 53,792 - 53,792 45,050 174,724 - 2026 132,523 3,976 136,499 I 136,499 53,792 - 53,792 45,050 181,549 - Scl Estimated FY2014 Estimated FY2008 Replacement Cost $ 136,499 Replacement Cost $ 45,050 sto Divide by Useful Life 20 Divide by Useful Life 15 Annual Replacement Cost $ 6,825 Annual Replacement Cost $ 3,003 Annual Budget Increase Annual Budget Increase to Capital Reserves for to Capital Reserves for Roof Replacement $ 6,900 A/C Replacement $ 3,100 Relative to catastrophic damages to the building,fire,wind,flood. These perils are covered by the County's insurance program. Relative to the Indirect Service Charge,the following table illustrates the allocation of services to Fund 130. 2 Department 1 F0130 Golden Gate Comm Center 1 Building Use Charge SO 2 Equipment Use Allowance 0 /f4) 0/ 3 001 Other Gen Admin 100190 431 l 4 001 County Commission 100010 3,242 5 001 County Manager 100110 4,140 6 001 County Attorney 100510 0 7 001 Management&Budget 101520 500 8 001 Annual Audit 103010 4,384 9 001 Real Property Management 122310 0 10 001 Administration Sereces 121110 0 11 FD505 Information Technology Adman 1,904 12 001 Grant Acquisition 121151 0 13 001 Purchasing 121710,121730 850 14 001 Human Resources 1.21810,121811,12181. 8,327 15 001 Facilities Maintenance 1.22240 111,303 16 001 County Security 122255 16,476 17 FD011 Clerk-Finance&Accounting 311110 1,989 18 FD011 Clerk-Minutes&Records 311115 908 19 FD011 Clerk-Interne I Audit 311190 2,405 20 FDO11 Clerk-IT Data Process Admin 311712 16,979 21 FDO11 Clerk-Records Mgmt 311920 1,715 22 FD516 Property&Casualty-Ins 700 23 FD517 Employee Benefits 741 24 FD518 Workers Compensation 121630 155 25 FD521 Fleet Mgmt 849 Total Current AI locations(maximum allowable) 5177,998 TOTAL ALLOCATION-DRAFT ft $198,887 %of CREDIT(GF Support/Total Budget) 40-e GF(001 Credits) 78,973 ALLOCABLE AMOUNT 119,914 62,9395 GLOBAL ADJUSTMENT 75,467 DISCRETIONARY ADJUSTMENTS TOTAL FY 15 INDIRECT SERVICE CHARGE(rounded) $ 75,500 Please advise if there are any questions. Edward N. Finn Office of Management and Budget Collier County Government 239-252-8609 edfinn @colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 3 Collier County Government Fiscal Year 2015 Requested Budget Public Services Division Parks & Recreation Department Golden Gate Community Center (130) Mission Statement To benefit the well-being of the people,community,and environment of Collier County. FY 2015 FY 2015 FY 2015 FY 2015 Program Summary Total FTE Budget Revenues Net Cost Golden Gate Community Center 6.00 646,920 471,250 175,670 The Golden Gate Community Center serves as a meeting place for community groups and provides structured programming for all ages via classes,activities,and special events and offers informal gathering opportunities through open game room and drop-in recreation programs. Childcare/Preschool,Afterschool,No School,Vacation Camp 1.50 121,834 78,950 42,884 Strive to meet family needs by providing a safe and supervised environment for all children to attend throughout the year. Provide recreational and enrichment experiences for self-esteem,self-reliance, learning, pleasure,health and well being. Community Center Maintenance 1.00 165,246 - 165,246 Protect resources, provide a pleasant,clean,safe and enjoyable environment for community center visitors to allow quality passive and organized recreational experiences by the public. Reserves/Transfers 103,500 487,300 -383,800 Current Level of Service Budget 8.50 1,037,500 1,037,500 - FY 2013 FY 2014 FY 2014 FY 2015 Program Performance Measures Actual Budget Forecast Budget Increase Fee Based Facility Rentals by 2% 1,100 1,122 1,207 1,122 Increase Fee Based Program Registrations by 1% 1,300 1,313 1,173 1,313 FY 2013 FY 2014 FY 2014 FY 2015 FY 2015 FY 2015 FY 2015 Program Budgetary Cost Summary Actual Adopted Forecast Current Expanded Requested Change Personal Services 504,850 529,400 519,900 578,800 - 578,800 9.3% Operating Expense 291,860 344,600 345,000 279,700 - 279,700 (18.8%) Indirect Cost Reimburs 94,300 81,700 81,700 75,500 - 75,500 (7.6%) Net Operating Budget 891,010 955,700 946,600 934,000 - 934,000 (2.3%) Trans to Property Appraiser 2,564 2,600 2,600 2,600 - 2,600 0.0% Trans to Tax Collector 5,504 6,600 6,600 6,600 - 6,600 0.0% Reserves For Contingencies - 7,300 - 200 - 200 (97.3%) Reserves For Capital - 80,900 - 94,100 - 94,100 16.3% Total Budget 899,078 1,053,100 955,800 1,037,500 - 1,037,500 (1.5%) Total FTE 8.50 8.50 8.50 8.50 - 8.50 0.0% Fiscal Year 2015 3 Public Services Division Collier County Government Fiscal Year 2015 Requested Budget Public Services Division Parks & Recreation Department Golden Gate Community Center (130) FY 2013 FY 2014 FY 2014 FY 2015 FY 2015 FY 2015 FY 2015 Program Funding Sources Actual Adopted Forecast Current Expanded Requested Change Ad Valorem Taxes 268,850 281,900 270,700 294,600 - 294,600 4.5% Delinquent Ad Valorem Taxes 1,007 - - - - - na Charges For Services 211,317 235,100 235,200 228,000 - 228,000 (3.0%) Miscellaneous Revenues 6,785 - 5,300 7,000 - 7,000 na Interest/Misc 1,524 1,100 1,000 1,000 - 1,000 (9.1%) Trans frm Property Appraiser 408 - - - - na Trans frm Tax Collector 2,104 - - - - - na Trans fm 111 MSTD Gen Fd 357,000 376,300 376,300 393,200 - 393,200 4.5% Carry Forward 256,400 184,600 206,100 138,800 - 138,800 (24.8%) Less 5%Required By Law - (25,900) - (25,100) - (25,100) (3.1%) Total Funding 1,105,395 1,053,100 1,094,600 1,037,500 - 1,037,500 (1.5%) Notes: An area of concern is the downward trend in Golden Gate Community Center Fund(130)carryforward. This trend results from the annual operating cost budget exceeding annual revenue. The budgeted carry forward into FY15 is$138,800. Compare this to the actual carry forward of$256,400 in FY13. Forecast FY 2014: Forecast personal and operating expenditures are in line with the adopted FY14 budget. Current FY 2015: Personal Services are up primarily because of an increase in job bank utilization and filling a position with an internal applicant. Operating costs are down across a number of individual cost items including fleet,information technology and indirect charges as well as the elimination of the merchandise for resale budget. Revenues: The proposed FY15 budget is based on a millage neutral assumption. This means last year's millage rate of 0.1909 is proposed to be applied in FY15. The budgeted ad valorem tax revenue of$294,600 represents a millage of.1909 applied to a taxable value 4.5%higher than last year's. The assumed taxable value number is$15,543,242,448. The 4.5%increase is in accordance with budget guidance. If taxable value fails to increase by 4.5%then the millage will need to increase to generate the same tax dollars as proposed. The maximum millage for the District allowed by ordinance is 0.9000. The funding transferred from Fund(111)is set equal to 60%of the shared cost portion of the budget. The 60%support from Fund(111)is proposed to increase by 4.5%to remain in proportion. Fiscal Year 2015 4 Public Services Division FRIENDS OF F • C:20. 'TERM og souruw sr ciOU1i 2640 Golden Gate Parkway,Suite 112 Naples,FL 34105 239-262-1808 phone 239-262-4457 fax info @friendsoffosterchildren.net May 27, 2014 To whom it may concern, Friends of Foster Children is a non-profit that has been helping children with dependency cases for more than 14 years. We work with many community partners to give children that through no fault of their own need clothing, bikes, after school enrichment, and tutoring. August 2, 2014 from 10-1 pm we would like to hold the first annual Back to School Fair with the support of Arthrex, Angels' Undercover, Laces for Love, Collier Bar Association, Vision Quest, and many more community partners. The day will be filled with backpacks of school supplies, uniforms, shoes, socks, and lunch. The Vision bus will be there to make sure that all children will be checked and if they need glasses it will be taken care of. The children we are serving are all placed in homes with relative or non-relative caregivers and this is the only chance they will have to receive all the things they will need for their first day of school. Volunteers will be on hand to help the children with the caregivers pick out uniforms, backpacks, and shoes. We will help 100 children. We would like to use the gym and then place tables outside so all can have lunch. Please feel free to call me if you have any questions. Tara Bieling event/outreach coordinator Friends of Foster Children 239-262-1808 home 239-200-2230 r www.FriendsofFosterChildren.net Parks FACILITY USE MEMORANDUM OF UNDERSTANDING Recreation Pits Gwen Visewer COLLIER COUNTY"WHEELS"BMX PARK This MEMORANDUM OF UNDERSTANDING is made by and between Collier County and NAPLES BMX, as Co-Sponsor Organization, and hereby entered on this day of ,2014. OVERVIEW The Collier County Parks and Recreation Department (CCPRD) is fortunate to have volunteers who execute youth and family sports programs on behalf of the County. In this unique partnership, the County provides resources to construct and maintain quality facilities. Youth and family Sports Organizations provide volunteer personnel, , to staff, organize, plan and administer outstanding sports programs. Together, this team ensures that wholesome, healthy and enjoyable recreation activities are available to literally thousands of youth in the County. Since the County provides valuable assets that are funded by taxpaying citizens and the County allows use of these assets to the Organizations, Organizations must be prepared to provide their services in compliance with existing County policies,ordinances and good business practices. In addition, there may be times when the County is asked to become involved in issues related to Organization operations.In these instances,the Organization must be prepared to cooperate with the CCPRD or the Board of County Commissioners to resolve issues in cases not specifically covered by this Memorandum of Understanding MOU. (This MOU which includes policies and procedures will apply to all approved park sites,as well as CCPRD approved school sites). I. GUIDELINES FOR BECOMING A CO-SPONSOR ORGANIZATION a. These guidelines are applicable to the above-named Organization as if specifically agreed to herein. b. A co-sponsored organization is defined as a group,designated as such by CCPRD sharing the basic objectives of CCPRD as stated above, and that requests either advertising assistance, or use of the Park and Recreation facilities for a program / league or event which the Department believes will be mutually compatible with its goals and will further the recreation needs of the Community in general. c. Co-sponsor organizations/leagues must offer a recreational component. d. Organizations / leagues that co-sponsor with CCPRD must be not-for-profit, which is defined as being a Collier County community based or community serving organization not affiliated with or controlled by a for-profit entity. e. All co-sponsored organizations /leagues must have a total program membership with at least 90% being residents of Collier County. The determination of the 90% shall be based on the registration list submitted with the request for facility usage on the appropriate due date given by CCPRD. Co-sponsor status will not be granted to any organization as a short term relationship. A minimum term is one year. Page 1 of 7 II. GENERAL a. The Organization agrees to provide a "Recreational" youth sports program as a service for the County. Recreational is defined in Paragraph II. e. In return for providing the youth and family sports program and for fulfilling the other requirements of this MOU, the County hereby waives all hourly field/facility rental fees,which are routinely charged to other non-affiliated organizations. Such fees may be levied, however, if it is determined that facilities are being used to subsidize individual income of paid or volunteer Organization staff,or that events that are not routine local events. b. The term of this MOU will be one year and will begin on the date of Board approval and continue for one year. The term of this MOU may be extended for one (1) additional year by approval of both parties with at least thirty days notice prior to expiration. Either party may terminate this MOU at any time with thirty (30) days written notice. Collier County may terminate for cause at anytime without notice. c. Naples BMX may use the WHEELS' facilities including the start gate on a non-exclusive basis to conduct a recreational BMX program at the following location(s): Collier County WHEELS Park d. This MOU includes the use of all support structures(i.e. bleachers and dugouts) and the BMX start gate at the above locations, unless otherwise specified by addendum to this MOU. e. For purposes of this MOU, a recreational program is designed as a non-competitive program where all participants who register under existing guidelines will be able to to participate in events with others of similar age and ability. Tryouts are acceptable only for the purpose of placing participants in the appropriate age and skill bracket. The Organization agrees to comply with The Americans with Disabilities Act (ADA) guidelines, which prohibit the discrimination against individuals with disabilities in any aspect of their program. The Act requires organizations to provide reasonable accommodations to enable participants with disabilities to play, unless doing so would impose an undue hardship on the organization. f. The Organization must provide to the CCPRD: 1. a list of Board of Directors and/or Organization Officers with contact information (annually); 2. Naples BMX Membership list including participant addresses (prior to start of Season); 3. current set of by-laws,with amendments if applicable(annually); 4. proof of liability insurance/certificate of insurance coverage: General Liability coverage of not less than$1,000,000 per occurrence(annually); 5. The liability insurance policy must include the Collier County Board of County Commissioners as a named additional insured(annually). g. The Parks and Recreation logo must be displayed prominently on all brochures, flyers, registration forms and other advertising materials, not to exclude advertisements in the news media. Page 2 of 7 (.7.) h. The Organization is empowered by the County to control the behavior of participants and spectators during the sporting event to the same extent the County is so empowered. The Organization or CCPRD representative can have an unruly or dangerous participant, coach, parent or spectator removed from the premises during sporting events. Any Organization, officer, coach, umpire / official, CCPRD representative can exercise this authority. The Organization, through these people, may contact the Collier County Sheriff's Office for assistance,if necessary. III. SCHEDULES a. The Organization agrees to provide CCPRD with a written schedule of local events at least 30 days in advance. Proposed scheduled effective 1/1/14 Mondays 5:30—8:30 pm Wednesdays 5:30—8:30 pm Fridays 5:30— 10:00 pm Saturdays— 3 Saturdays per month 9:00 am-3:00 pm b. The Organization will also provide written updates or changes to the original schedule. c. Once the Board of County Commissioners has approved the MOU, the schedule and the insurance,the Organization shall have exclusive use of the facility for all dates and times listed on the approved schedule. Note: The CCPRD site representative will make the final decision on whether or not a facility or field is usable during designated times. d. The Organization may hold two(2)organizational meetings per season at their respective park site building.This will be at no charge providing a reservation is booked with CCPRD.All other facility/building usage requests are handled as a facility rental and all fees will apply. IV. FACILITIES/SECURITY a. The Organization agrees to police all areas being used to ensure that trash and litter are cleaned up after use. These areas include any support structures at a facility used by the Organization. If cleanup for each event is not done in a reasonable amount of time and the County is required to do the cleanup, then the cost to the County may be charged to the Organization. b. The Organization should notify the CCPRD of any damage, vandalism, needed repairs and/or safety issues at their respective facility as soon as possible,not later than the next working day. If damage is a result of Organization members' negligence or failure to comply with accepted operational or security measures, the Organization may be held responsible for reimbursing the County for all or part of repair costs. c. The Organization is responsible for monitoring the facilities during the Organization's use. Hourly inspections of restrooms are required to ensure that their members are not purposely or inadvertently causing damage to the facilities. The Organization may_be Page 3 of 7 responsible for locking and unlocking Wheels access gates when staff isn't present. A Key Usage form is required for any keys received. d. The Organization shall not allow alcoholic beverages and/or illegal drugs to be on County property or in County facilities as it pertains to their organization. All Sport Organizations will comply with the Code of Laws and Ordinances of Collier County, Florida,Chapter 98,Parks and Recreation and applicable Florida Statutes. e. Co-sponsored Leagues or Organizations cannot display signs, banners or posters on County property(Community Parks/School approved sites)without prior approval by the CCPRD Director or designee, and then must remove them at the end of their regular season. Signs at Regional Parks can only be displayed during game play and must be removed after each game. All signage must comply with local zoning regulations. County zoning regulation may be obtained by contacting 239-252-5603. City of Naples zoning regulations may be obtained by contacting 239-213-5020. f. The Organization shall not allow vehicles in other-than designated parking areas, including concession buildings and office areas, unless specifically authorized by the CCPRD. The Collier County Sheriff s Office and/or the Collier County Park Rangers may issue citations for illegally parked vehicles,or for reckless operation(speeding,etc.) of vehicles on County property. g. The Organization shall not be allowed to alter, add, delete or improve the facilities without prior written consent by the CCPRD Director. Such alterations, additions or improvements shall meet existing applicable County codes, and become and remain County property. h. For events outside of routine recreational activities where large amounts of trash are expected, Organizations should rent adequately sized dumpsters for the duration of the activity, and ensure that trash bags are deposited in the dumpster(s). Dumpsters shall be removed from the site the last day of or the day after the tournament or activity. This will be coordinated and paid for by the Organization with the approval of the respective L/Gii11 site representative. i. The Organization will be required to complete a separate contract for every event hosted above and VVY Vi1U LVL.CLL events and YVLU he required L.0 LV UCLA Li LW..ILLLy ILJCirr\.rental 1L.1.. The Organization will also incur the cost of lighting the track if required. These fees are required whether it is a co-sponsored organization/program or a non-cosponsored VlLiiiiG♦SVw Vi VLL GL. 'Tine events arc exempt ji th- Olympic Day Race and the Bob Warnicke Race. These races are promotional races, some of which arc required by the USABMX. The revenue collected will be provided to the i. Any Organizations serving food must complete the Concession MOU and abide by its terms. -•--•- •---• •..- -.,..w :ii,r.LiiJ ivi. Via. that is Vii L'iIJS l.,a,ss.aL Yi. uvau:'1:dLi�GC maintenance program is required to preserve the life of the track,reduce long-term capital expenditures and ensure safe riding conditions, The County provides certain services in _.T.__.. .:tT_ thz _.:T__Lt..t___]___.a ._.T i..__�.__ _ T... a..__ .::. ::i[:." :r.y w:.iiifiVi:. L:C.iti L':.i wi.ti ii.is:3i:11 iLuLi L:1♦.VJ. i:i :i:i u. supplement this maintenance effort either with materials, funding or other available resources at their disposal. The Organization agrees that no maintenance will be conducted without prior approval from the CCPRD. Pape4of7 1. The Organization agrees to have a background check process in place for all adult volunteers involved with the Organization at their expense. The Organization may not engage any volunteer or coach who has not passed a background check that is compliant with USA/BMX rules and regulations. As per SB 150: Sports Coaches/Criminal History Screening. all organizations must sign an affidavit prior to the beginning of the season stating that all coaches have been screened. m. Waiver and Release Pertaining to the Use of Collier County Parks and Recreation Premises: Naples BMX ("ORGANIZATION"), agrees to release from liability, and to hold harmless the Collier County Board of Commissioners ("COUNTY"), its employees and agents against any and all claims brought by or on behalf of the ORGANIZATION, any person, or legal entity which may arise from the ORGANIZATION'S use of the County's property or premises. The ORGANIZATION agrees to indemnify and hold harmless the COUNTY from any act of negligence of the ORGANIZATION, its'agents, contractors or employees,from all costs,attorney's fees,expenses,and liabilities incurred as a result of any claim or proceeding brought thereon, all to the extent of the County's liability under general law. n. Other provisions not found in the MOU may be established in consultation with and written approval of the Parks and Recreation Director. Any additions or deletions will be attached to the MOU and be in force for the duration of the MOU. V. Naples BMX Obligations a. Naples BMX agrees that it shall run all USABMX sanctioned events and activities and that all eligible applicants will be authorized to participate. b. Naples BMX agrees that all Naples BMX activities shall be performed in strict compliance with USA BMX standards. c. Naples BMX agrees to provide the following positions during all Naples BMX operating times: (1)Certified,valid Track Operator,or(2)Certified,valid Clerk of Courts. d. Naples BMX agrees to provide the following positions as required by USA BMX in addition to(1) Certified, valid Track Operator or, (2)Certified,valid Track Director: a Certified, valid Clerk of Courts and a Certified, valid Teaching Coach. c. Naples BMX agrees that it shall be responsible for safe use of the start gate in accordance with Wheels Skate and BMX Standard Operating Procedures. f. Naples BMX agrees that it shall be responsible for any damage or vandalism occurring during usage or as a result of failing to adequately secure the start gate. g. Naples BMX agrees that it shall be responsible for tarping and untarping the track before and after use if applicable. h. Naples BMX agrees that it shall be responsible to provide manpower to assist with on-going maintenance.. i. Naples BMX agrees that it shall be responsible for all financial obligations to BMXUSA and Florida SSA for sanctioned activities and events. j. Naples BMX agrees that it shall be responsible to provide a monthly schedule of local events to the Parks and Recreation Director or his designee at least thirty days in advance_ Page suf7 9 k. Naples BMX agrees that regional, state, and national events must be approved by the Parks and Recreation Director or designee at least four(4)months in advance. Some events may require Board of County Commissioners approval. 1. Naples BMX agrees that Collier County programming,repair and maintenance needs will supersede those of Naples BMX. VI. Collier County Obligations a. Collier County agrees that it shall be responsible for major track renovations subject to budget availability and Board approval as needed. b. Collier County agrees that it shall be responsible for the track and start gate when it is open to the general public during non-Naples BMX reserved hours. c. Collier County agrees that it shall be responsible to collect all funds associated with general public usage and Collier County sponsored programs. d. Collier County agrees that it shall be responsible to provide weekly maintenance with assistance from Naples BMX. VII. FINANCIAL a. The Organization must submit an annual financial report, including revenues and expenditures to the Parks and Recreation Department Director by January 15th of the prior year following the most recent facility request by the co-sponsor organization / league. b. A new co-sponsor request for the Organization will not be completed until the financial reports have been submitted and reviewed by the Parks and Recreation Director, or the assigned designee from the previous year. c. Audit: The County reserves the right to conduct an internal audit (conducted by County staff) of the Organization's financial records at any time. Audits can be conducted with no advance notice and the Organization should be prepared to produce the requested information or documentation. The County will absorb the cost of conducting these internal audits. Moreover, if warranted by the County based on results of the internal audit, an independent audit (on the cash basis of accounting) by a Certified Public Accounting firm may be required. The Organization will be responsible for the cost associated with this independent audit. d. For Organizations sharing facilities, following the conclusion of a season, the entire concession stand and storage area will be cleared for the next Organization's season. Should an Organization choose to sell another Organization remaining concession products, this transaction needs to take place prior to the beginning of the next Organization's season. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 6 of 7 CA 1 . 1 This Memorandum of Understanding is signed and agreed by the parties this day of February, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk TOM HENNING, CHAIRMAN pproved as to form and legality: olleen M. Greene,Assistant County Attorney WITNESSES: Naples BMX By: Printed Name: Printed Name: Title: Printed Name: STATE OF FLORIDA COUNTY OF COLLIER Signed and acknowledged on this day of , 2014,before me,the undersigned notary public, by , President of Naples BMX, a Florida corporation not-for-profit, on behalf of the corporation. He 0 is personally known to me or[)produced as identification. Notary Public Printed Name: My Commission Expires: Page 7 of 7 0