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Agenda 04/26/2016 Item #16D 3 4/26/2016 16.D.3. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute Amendment No. 1 to the Parks and Recreation Division Facility Use Memorandum of Understanding with the Naples BMX,Inc. OBJECTIVE: To provide recreational opportunities for Collier County citizens and visitors. CONSIDERATIONS: Naples BMX, Inc. is currently operating the Wheels Skate and BMX Park under a Parks and Recreation Facility Use Memorandum of Understanding (MOU). In order to better serve the community and continue these services; the contractor and Parks and Recreation staff have agreed to amend the MOU as outlined below: • Part II General: changed the language to be consistent with other County Agreements by providing the option to renew for two one-year periods. • Part II Schedules: added Wednesday 5:30-8:30pm and changed the time on Fridays from 5:30- 10:00pm to 5:30-8:OOpm. • Part V Naples BMX Obligations:roles and timeframe changed as detailed in the Amendment. FISCAL IMPACT: FY16 Maintenance Expenses are estimated at$4,500. FY17 Maintenance Expenses are anticipated to be $4,000. Funding is available in the Golden Gate Community Center's Fund (130) operating budget. GROWTH MANAGEMENT IMPACT:, There is no growth management impact associated with this request. ADVISORY BOARD RECOMMENDATION: The Golden Gate Advisory Board recommended the approval of the MOU Agreement with Naples BMX with a 4-0 vote on November 2,2015. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chair to execute Amendment No.1 to the Parks and Recreation Division Facility Use Memorandum of Understanding with the Naples BMX, Inc.,to operate BMX-related events at the Wheels Skate and BMX Park. Prepared By: Natali Betancur, Operations Analyst,Parks and Recreation Division Attachments: 1)Naples BMX Amendment 2)Naples BMX MOU Packet Page-1152- 4/26/2016 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve and authorize the Chair to execute Amendment No. 1 to the Parks and Recreation Division Facility Use Memorandum of Understanding with the Naples BMX, Inc. Meeting Date: 4/26/2016 Prepared By Name: BetancurNatali Title: Operations Analyst,Parks &Recreation 3/24/2016 1:16:26 PM Submitted by Title: Assistant Division Director-P&Rec,Parks&Recreation Name: McPhersonJeanine 3/24/2016 1:16:27 PM Approved By Name: Washburnllonka Title: Manager-Park Operations,Parks&Recreation Date: 3/25/2016 8:58:47 AM Name: WilliamsBarry Title: Division Director-Parks&Recreation,Parks&Recreation Date: 4/4/2016 2:44:50 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 4/6/2016 11:53:59 AM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 4/8/2016 8:36:36 AM Packet Page -1153- 4/26/2016 16.D.3. Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date:4/12/2016 1:09:52 PM Name: GreeneColleen Title:Assistant County Attorney,CAO General Services Date:4/13/2016 4:04:43 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Office of Management&Budget Date:4/18/2016 12:41:05 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/18/2016 2:09:47 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date:4/18/2016 5:10:23 PM Packet Page -1154- 4/26/2016 16.D.3. Amendment#1 to PARKS RECREATION FACILITIES USE MOU NAPLES BMX,INC. This amendment, dated , 2016 to the referenced Memorandum of Understanding ("MOU") shall be by and between the parties to the original MOU, NAPLES BMX, INC. ("Contractor") and Collier County, Florida, ("Owner"). Statement of Understanding RE: PARKS AND RECREATION FACILITIES USE MOU WITH NAPLES BMX, INC. In order to continue the services provided for in the original MOU document referenced above, the Contractor agrees to amend the MOU as stated below. Note: Language deleted has been struck through. New language has been underlined. Part II. General b. The term of this MOU will be one year and will begin on June 14, 2016 and continue for one year. The term of this MOU may be renewed extended for two (2) one year periods one (1) additional year by 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 with 7 days written notice. Part III. SCHEDULES Wednesday: 5:30-8:30p.m. Fridays 5:30-10:00 pm 8:00p.m. Saturdays 9:00am -2:00pm Part V.Naples BMX Obligations 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 Naples BMX Inc., Board member. d. Naples BMX agrees to provide the following positions as required by USA BMX in addition to: (1) (1) Certified, valid Track Operator, or (2) Certified, valid Track Director: Clerk of Courts Naples BMX Inc., Board member,and a Certified, valid Teaching Coach. , , . - .. . - . :' _ . . ..• .. . - and after use if applicable. k. Naples BMX agrees that regional, state, and national events must be approved by the Parks and Recreation Director or designee at least four (1) months 90 days in advance. Some events may require Board of County Commissioners approval. All other terms and conditions of the agreement shall remain in force. [15-PKR-00603/1229654/1] 1 'Y Packet Page 4155- 4/26/2016 16.D.3. IN WITNESS WHEREOF,the parties have each,respectively, by an authorized person or agent, have executed this Amendment on the date(s) indicated below. Accepted: , 2016 Dwight E. Brock, Clerk OWNER: BOARD OF COUNTY COMMISSIONERS BY: OF COLLIER COUNTY, FLORIDA Contractor's First Witness: By: DONNA FIALA, Chairman By: Signature CONTRACTOR: NAPLES BMX,INC. Print Name By: Contractor's Second Witness: Signature By: Print Name and Title Signature Print Name pproved as to form and legality: • ssistant County Attorney [15-PKR-00603/1229654/l] 2 Packet Page-1156- 4/26/2016 16.D.3. FACILITY USE MEMORANDUM OF UNDERSTANDING 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 1001',-.._day of Zone , 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 G Packet Page -1157- 4/26/2016 16.D.3. H. 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. 1: The Organization must provide to the CCPRI): 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 S1,000,000 per occurrence (annually); 5. The liability insurance policy must include the Collier County Board of County Commissioners as a named additional insured (annually). g. 'Me 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 Packet Page -1158- 4/26/2016 16.D.3. 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 CCP'RD. 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 r% Packet Page -1159- 4/26/2016 16.D.3. 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. AU 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. i 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 Sheriffs 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 arc expected, Organizations should rent adequately sized durnpsters for the duration of the activity, and ensure that trash bags are deposited in the dumpsteris). Dumpsters shall he 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 -v.itti ia.. a-pre., _t :t: . ; . . ,_ par`__ she representative. i. The Orgar;7ati-on will he required to complete a separate contract tOr every event hosted Oreanization will also incur the cost of lighting the track if required✓ "these tees are required whether it is a en-srm.74117. or2a'i ,at,. "o:�+.:aim . t e .,-1 Olympic Day Race and the Bob l;earnieke Race. these races are promotional no es. some of which arc roe:mired 1w the E:`y:\l- 1t., i l' 1 l' ci 6,'il! ri to the j. i, l-�:c. a% 4,'v^ :'.i',%C, Z 17 t: i!iii '�%i4�,i .O Any Organizations serving food must complete the Concession MOU and abide by its terms, maintenance program is required to preserve the life of the trick, reduce long term capital iid..iiur4 and i. .urw 3a1=e .idicc 1 ii;on + t'.' ,�'�"'�_ ` mac supplement this maintenance eff ;rt either with materials. funding or other available ;-.:--4-alrCcs ,ai thoi' Or`:'iniiaiion sai'l's that no maini,. .ia?ie■ will he Packet Page-1160- 4/26/2016 16.D.3. 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 Naples BMX Inc. board member. 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 Naples BMX Inc. board member and a Certified,valid Teaching Coach. e. 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. i. 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. 3. 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 5of7 C'-:€. Packet Page -1161- 4/26/2016 16.D.3. 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. e. 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 Packet Page -1162- 4/26/2016 16.D.3. This Memorandum of Understanding is signed and agreed by the parties this 1041" day of 'Tone ,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA aito- k.) •Ir.;m .00 Atitst as . 4 y Clerk 'TOM HENNING, CillAIRMAN signature only, Approved as to fiNtiand legality: r \--Colleen M. Greene, Assistant County Attorney WITNESSES: Naples BMX — A 1 By: e4■4;e(-' Printed N e: Printed Name: / /74, Title: '4■1111110 Printed Name: STATE OF FLORIDA COUNTY OF COLLIER Signed and acknowledged on this day of/UT , 2014,before me, the undersigned notary public, by - i; - . President of Naples BMX, a Florida corporation not-for-profit, on behalf of the corporation. He [] is personally known to me or[ ] produced Al,),t( t,:f4\( Lt(4 S,,,c as identification. Notary'4-trblic Printed Name: / My Commission Expires: "Ai • 17- sow itstit. MY COMMISSION I EES70358 EXPIRES:January 30,2017 4>44,71r, 804xte Blopt Natty Unto Page 7 of 7 Packet Page -1163-