Agenda 06/10/2014 Item #16D8 6/10/2014 16.D.8.
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to execute the Parks and Recreation Department
Facility Use Memorandum of Understanding (MOU) with the Naples BMX, Inc., to operate BMX
related events at the Wheels Skate and BMX park.
OBJECTIVE: To provide recreational opportunities for Collier County citizens and visitors.
CONSIDERATIONS: There are 17 BMX tracks in Florida owned by various local government
entities. Sixteen (16) of the tracks have an agreement in place with an organization to operate
BMX related events.
Although the Wheels Skate and BMX Park will continue to be open to the public as other park
facilities,Naples BMX, Inc.,will operate the track for special events.
Under this Agreement,the organization will have the following obligations:
• Run all USABMX sanctioned events and activities and that all eligible applicants will be
authorized to participate.
• Provide positions as required by USA BMX in addition to (1) Certified, valid Track
/'1 Operator or(2) Certified,valid Naples BMX Inc. board members.
• Provide manpower to assist with on-going maintenance.
• Be responsible for all financial obligations to BMXUSA and Florida SSA for sanctioned
activities and events.
The Department will have the following obligations:
• Be responsible for major track renovations subject to budget availability and Board
approval as needed.
• Be responsible to collect all funds associated with general public usage and Collier
County sponsored programs.
• Provide weekly maintenance with assistance from Naples BMX.
FISCAL IMPACT: The table below represents the County's FY2014 BMX program
maintenance expenses as well as the anticipated maintenance expenses under this agreement.
Funding is available in the Golden Gate Community Center's Fund(130)operating budget.
FY14 Maintenance Expenses FY15 Anticipated Maintenance Expenses
$8,128.64 $2,032.16
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this request.
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ADVISORY BOARD RECOMMENDATION:The Golden Gate Advisory Board recommended the e°"-■,
approval of the MOU Agreement with Naples BMX with a 3-0 vote on June 2,2014.
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 Chairman to execute the Parks and Recreation Department Facility Use Memorandum of
Understanding(MOU) 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 Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to authorize the Chairman to execute the Parks and
Recreation Department Facility Use Memorandum of Understanding (MOU) with the Naples
BMX, Inc., to operate BMX related events at the Wheels Skate and BMX park.
Meeting Date: 5/27/2014
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach&Water
4/16/2014 3:48:09 PM
Submitted by
Title: Assistant Director-Parks &Recreations,Parks&
Name: McPhersonJeanine
4/16/2014 3:48:10 PM
Approved By
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 4/17/2014 11:42:05 AM
Name: Washburnllonka
Title: Manager-Park Operations,Parks &Recreation
Date: 4/21/2014 8:45:51 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 4/23/2014 4:39:42 PM
Name: WilliamsBarry
Title: Director-Parks &Recreation,Parks &Recreation
Date: 5/2/2014 10:04:21 AM
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Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 5/2/2014 10:44:46 AM
Name: Joshua Thomas
Title: Grants Support Specialist, Grants Management Office
Date: 5/2/2014 11:05:29 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 5/2/2014 1:27:17 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/2/2014 4:05:43 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 5/12/2014 11:34:24 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 5/13/2014 3:26:08 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/18/2014 12:40:26 PM
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FACILITY USE MEMORANDUM OF UNDERSTANDING
Re ca' ?xr^.?'
PIIF Carmen
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.
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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. r�
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.
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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
Sheriffs 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
n 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
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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 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 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 park
site representative.
i. The Organization will be required to complete a separate contract for every event hosted
above and beyond local events and will be required to pay a facility usage rental fee. 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
organization program. The events are exempt from this requirement. The Race for Life,
Olympic Day Race and the Bob Wamicke Race. These races are promotional races, some
of which are required by the USABMX. The revenue collected will be provided to the
non for-profit organization.
j. Any Organizations serving food must complete the Concession MOU and abide by its
terms.
k. The County and the Organization acknowledge that a comprehensive field/facility
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
accordance with the available budget and human resources. In turn, the Organization may
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.
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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 (l) 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.
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.
n
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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
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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
A.proved as to form and legality:
CSC. een 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 [] is
personally known to me or [] produced as identification.
Notary Public
Printed Name:
My Commission Expires:
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