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Agenda 05/14/2024 Item #16D 2 (To provide youth sports organizations with the use of park facilities with appropiate terms and conditions throught a standard agreement)05/14/2024 EXECUTIVE SUMMARY Recommendation to approve a standard Collier County Parks and Recreation Youth Sports Facility Use Agreement to be used as a standard agreement and authorize the County Manager or designee to enter into these agreements. OBJECTIVE: To provide youth sports organizations with the use of park facilities with appropriate terms and conditions through a standard Agreement. CONSIDERATIONS: The Collier County Parks and Recreation Division provides use of County facilities to non- profit youth sports organizations for baseball, soccer, football, and other programs. The program has been provided as a service to the community for over fifteen (15) years. Users of this program have grown to eighteen (18) organizations in 2023 and generate revenue to subsidize County Parks expenses. Fees are governed by the Board of County Commissioners (Board) approved Resolution No. 2023-87, as amended. A variety of non-profit youth sports organization programs may utilize park facilities such as athletic fields and concessions throughout Collier County. These facilities are generally utilized for league play time and practices, and to raise funds for the organization’s operations. The Youth Sports Facility Use Agreement contains the terms and conditions for facility use. While the guidelines and requirements of organizations to qualify remain the same, notable updates to the Agreement are: • Revisions and clarifications to contradictory language. • A one-year term has been revised to a two-year term with the option of two additional one-year renewals. • An annual review has been added to the Agreement to ensure compliance and alignment with Collier County Parks and Recreation mission. • Parks and Recreation may use electronic signature methods through a platform for the purpose of processing this updated Agreement with the use of digital signatures. The current standard Agreement was approved by the Board on September 8, 2015, Agenda Item #16.D.7. This Agreement shall replace the formerly approved standard template. FISCAL IMPACT: The Fiscal impact varies on the demand for youth sports facility use, however, the estimated annual revenue in the amount of $83,000 has been budgeted in the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: To approve the updated Collier County Parks and Recreation Youth Sports Facility Use Agreement to be used as the new standard Agreement and authorize the County Manager or designee to enter into these agreements. Prepared By: Viviana Giarimoustas, Management Analyst II, Public Services Department ATTACHMENT(S) 1. Youth Sports Facilities Agreement - stamped (PDF) 2. Agenda 9-8-15 Item 16.D.7 (PDF) 3. YSFA Agreement Rev.12-7-23 CAO (DOCX) 16.D.2 Packet Pg. 1172 05/14/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2 Doc ID: 27958 Item Summary: Recommendation to approve an updated standard Collier County Parks and Recreation Youth Sports Facility Use Agreement to be used as a standard agreement and authorize the County Manager or designee to enter into these agreements. Meeting Date: 05/14/2024 Prepared by: Title: – Public Services Department Name: Todd Henry 02/08/2024 1:51 PM Submitted by: Title: Department Head – Public Services Department Name: Tanya Williams 02/08/2024 1:51 PM Approved By: Review: Parks & Recreation Olema Edwards Additional Reviewer Completed 02/08/2024 2:13 PM Operations & Veteran Services Jeff Weir OVS Director Review Completed 02/12/2024 3:07 PM Public Services Department Todd Henry Level 1 Department Review Completed 02/13/2024 12:58 PM Public Services Department Tanya Williams PSD Department Head Review Completed 04/01/2024 3:01 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 04/02/2024 10:28 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/02/2024 10:36 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/02/2024 10:38 AM Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 04/02/2024 11:16 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 05/07/2024 2:53 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM 16.D.2 Packet Pg. 1173 16.D.2.a Packet Pg. 1174 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1175 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1176 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1177 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1178 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1179 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1180 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1181 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1182 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1183 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1184 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1185 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1186 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 16.D.2.a Packet Pg. 1187 Attachment: Youth Sports Facilities Agreement - stamped (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. EXECUTIVE SUMMARY Recommendation to approve a standard Collier County Parks and Recreation Youth Sports Facility Use Agreement to be used as a form agreement and authorize the County Manager or his designee to enter into these agreements. OBJECTIVE: To provide youth sports organizations the use of park facilities with proper terms and conditions through a standard agreement. CONSIDERATIONS: The Parks and Recreation Division (Division) provides facilities to youth sports organizations for various programs. The Division has historically entered into approximately twelve Agreements per year generating revenue to subsidize expenses. Fees are governed by the Board - approved Fee Policy No. 2015 -117. A variety of organizations supporting youth sports programs may utilize park facilities such as athletic fields and concessions throughout Collier County. These facilities are generally utilized for league play time, practices, and to raise funds for the organization's operation. The Youth Sports Facility Use Agreement and the Addendum for concessions contain the terms and conditions for the facility use. FISCAL IMPACT: The fiscal impact will depend on the demand for youth sports agreements; however, the estimated annual revenue in the amount of $77,700 has been budgeted in General Fund (001), MSTD General Fund (I 11) and Golden Gate Community Center Fund (130). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this acti on. 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 approve a standard Collier County Parks and Recreation Youth Sports Facility Use Agreement and the concessions addendum to be used as form agreements and authorize the County Manager or his designee to enter into these agreements. Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Division Attachments: 1) Youth Sports Facility Use Agreement, 2) Addendum for concessions Packet Page -1577- 16.D.2.b Packet Pg. 1188 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to approve a standard Collier County Parks and Recreation Youth Sports Facility Use Agreement to be used as a form agreement and authorize the County Manager or his designee to enter into these agreements. Meeting Date: 9/8/2015 Prepared By Name: BetancurNatali Title: Operations Analyst, Public Services Department 8/7/2015 10:14:54 AM Approved By Name: WashburnIlonka Title: Manager - Park Operations, Public Services Department Date: 8/7/2015 10:44:05 AM Name: McPhersonJeanine Title: Assistant Division Director - P & Rec, Public Services Department Date: 8/17/2015 11:24:40 AM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 8/17/2015 2:24:13 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 8/18/2015 2:33:11 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 8/19/2015 2:46:45 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 8/21/2015 8:30:54 AM Packet Page -1578- 16.D.2.b Packet Pg. 1189 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) Name: FinnEd 9/8/2015 16.D.7. Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 8/21/2015 2:25:05 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/28/2015 9:00:30 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/28/2015 10:23:27 AM Packet Page -1579- 16.D.2.b Packet Pg. 1190 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. oo,- cvi v, YOUTH SPORTS FACILITY LASE AGREEMEM' JW X., This Agreement is made by and between Collier County Parks and Recreation Division and Youth Sports Organization, and hereby entered on this day of 20—. OVERVIEW The Collier County Parks and Recreation Division (CCPRD) is fortunate to have volunteers who execute youth sports programs, Youth Sports Organizations provide volunteer personnel., and in some cases paid staff. to staff, organize, plan and administer outstanding youth sports programs. These Organizations provide wholesome, health), and enjoyable recreation activities are available to thousands of youth in Collier County. The County provides valuable assets that are funded by taxpaying citizens and the County allows use of these assets to the Organizations, Organizations are required to provide their services in compliance with existing County policies, Ordinances and good business practices. In addition, there may be times when the Parks and Recreation Division is asked to become involved in issues related to Organization operations. In these instances. the Organization is required to cooperate with the CCPRD or the Board of County Commissioners to resolve issues in cases not specifically covered b,, this Agreement. This Agreement applies to all approved park sites as vv,ell as CCPRD approved school sites). 1. GUIDELINES FOR BECOMING A YOUTH SPORTS ORGANIZATION a. These guidelines are applicable to the above-named Organization (organization). b. An 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 theL_ - Division believes will be mutually compatible with its goals and will further the recreation needs of the Community in -eneral. c. Organizations /lea,,ues must offer a recreational component. d. Organizations / leagues must be registered not-for-profit organizations, which are defined by Florida law. e. At least 51 `o of all games must be played within Collier County or Collier County Parks and Recreation facilities and must provide evidence of such to the Parks and Recreation Division. f. All organizations " leagues must have a total program membership with at least 90%U of the memberships as residents of Collier County. The determination of the 90°40 shall be based on the reoistration list/roster submitted with the request for fiacility usage within the first four weeks of the program. I 5-PKIZ-00571,1204088," 1 page I 0' 7 Packet Page -1580- 16.D.2.b Packet Pg. 1191 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. If. GENERAL a. The Organization agrees to provide a "Recreational" youth sports programs for the County. Recreational is defined in Paragraph II. d. In return for providing the youth sports program and for fulfilling the other requirements of this Agreement, the County hereby waives all hourly_facility rental fees, which are routinely charged to other 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 are outside of routine league season, or for violation of any term of this Agreement. b. The term of this Agreement will begin and terminate on c. Termination- This Agreement is subject to termination by either party with 30 days written notice. d. Organization may use the field(s) and facilities on a non - exclusive basis to conduct a recreational program at the following location(s): I. 3. e. This Agreement includes the use of all support structures (i.e. bleachers and dugouts) at the above locations, unless otherwise specified. f. For purposes of this Agreement, a recreational program is designed as a non - competitive program where all children who register under existing guidelines will be able to play on a team that matches their age and ability. Tryouts are acceptable only for the purpose of placing participants on teams based on their skill level. No one is to be cut from a team or play as a result of a tryout. Each participant must be placed on a team and play in the league schedule against the other league teams. The Organization agrees to comply with the Americans with Disabilities Act (ADA) Tuidelines, which prohibit the discrimination against individuals with disabilities in anv 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. h. The Organization must provide to the CCPRD: 1. A list of Board of Directors and/or Or <anization Officers with coniact information annually): approximate number of teams (prior to start of season); 3. Official league roster of participants, to show how many youth participate. and where the,,- reside (individual city or out of county) (within four weeks of start of Season): 4. The liability insurance policy must include the Collier County Board of County Commissioners and./or Collier County District School Board, as applicable. as a named additional insured (annually). Must provide copies of Affidavit re aarding background screening in compliance with Sections 125.580I and 943.0438, Florida Statute prior to start of' season. 6. Must provide signed "Acknowledgement of Code of Conduct" prior to start of' season. 15 -PKP\ -005"7 1 /111204088/11 ] Page 2, of Packet Page -1581- 16.D.2.b Packet Pg. 1192 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. i. Insurance: The Organization shall provide all insurance deemed appropriate by the CCPRD, as determined by Collier County Risk Management as set forth in attached Exhibit A. j. 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. k. The CCPRD will hold meetings as necessary to be attended by presidents and /or designated representatives of every Organization. This is a forum to discuss common issues and otherwise engage in useful communication. The Organization president understands that it is his /her responsibility and obligation to attend this meeting or to appoint a representative who can speak for the Organization. 1. The Organization is required to monitor /regulate the behavior of participants and spectators during the sporting event to the same extent the County is so required. The Organization or CCPRD representative may 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, may contact the Collier County Sherriff Office or law enforcement for assistance, if necessary. 1I1. SCHEDULES a. The Organization agrees to provide CCPRD with a written league schedule of games and practice times two weeks prior to the first scheduled game and/or practice, respectively. Dual seasons (fall /spring) will require dual schedules. Schedules should list, at a minimum, fields /facility, dates and times. The Organization will also provide updates or chan <L,es to the original schedule. It is understood by both parties that this schedule includes one (1) game and two (2) practices or vice versa (Total of five hours per team as availability exists). CCPRD must review the schedule (which must include all times needed for games, practices) before the Organization can use the designated facilities. Once CCPRD has approved the Agreement, the schedule and the insurance. the Organization shall have exclusive use of the facilities 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. b. The Organization may hold two (2) organizational meetings per season at their respectiVc park site building =. This will be at no charge provided a reservation is booked ti.,ith CCPRD. All ether facility /building; usage requests are handled as a facility rental and all standard rental ices will apply. I \'. FACILITIES /SECURITY a. The Organization agrees to monitor 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. f=ailure to reimburse the County may be grounds to terminate this Agreement. b. Many of the facilities have a lightning detection system in place. The Organization is required to adhere to warnings from the system and take appropriate action. 15 -TIU -00571 'l 20401x8;`1 ] Page 3 of 7 Packet Page -1582- 16.D.2.b Packet Pg. 1193 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. c. The Organization should notify the CCPRD of any damage, vandalism, needed repairs and/or safety issues at their respective parks 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. Failure to reimburse the County may be grounds to terminate this Agreement. d. The Organization is responsible for monitoring the facilities during the Organization's use. Hourly inspections of restrooms are suggested to ensure that their members are not purposely or inadvertently causing damage to the facilities. The Organization may be responsible for locking restrooms at the conclusion of each usage of the facility. This will be determined by each CCPRD facility Representative. A Key Usage form is required for any keys received. e. The Organization shall not allow any alcoholic beverages and/or illegal drugs to be on County property or in County facilities as it pertains to their organization. All Youth Sport Organizations will comply with the Code of Laws and Ordinances of Collier County, Florida, Chapter 98, Parks and Recreation. f. Although animals are allowed in most park facilities; they are not allowed on playing facilities. u. 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 sib -nage must comply with local sign and 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. h. The Organization shall not allow vehicles in other -than designated parking areas. includinL, 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. i. 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. j. For anv tournaments. ,an e play or other activities outside 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 vyith the approval of the respective park site representative. Failure to comply may be grounds to terminate this Agreement. h. The Organization will be required to complete a separate contract for e\-cry game or tournament hosted above and beyond their reau:lar season and "rill be required to pay a facility/f-ield usage rental fee. The Organization will also incur the cost of Iightin{ facilities if required. y 115 -111;.R -00571 '1204088'11 F'aoe4 o; 7 Packet Page -1583- 16.D.2.b Packet Pg. 1194 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. i. The Organization will be required to complete a separate contract for any instructional program such as a camp, clinic or academy held. The Organization will be required to pay the 35% contractual fee to the County as stated in the fee schedule (65 % -35% fee split). The County will incur the cost of lighting the facilities for any of the Collier County Youth Organization's camps or clinics. j. Any Organizations serving food must complete. the Concession Agreement and abide by its terms. k. The County and the Organization acknowledge that a comprehensive field maintenance program is required to preserve the life of the facilities, reduce long -term capital expenditures and ensure safe playing 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. 1. The Organization agrees to have a background check process in place for all coaches and assistant coaches involved with the Organization at their expense. Organizations may not engage coaches or Staff who have not passed a background check that is compliant with little league rules and regulations. 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 in compliance with Sections 125.5801 and 943.0438. Florida Statute. Copy of affidavit must be provided prior to the start of season. m. Waiver and Release Pertaining to the Use of Collier County Parks and Recreation or Collier County School Board Property and / or Premises: hereafter "ORGANIZATION-), agrees to release from liability. and to hold harmless the Collier County Board of Commissioners hereafter "COi;NTY -) and Collier County School Board, it's employees and agents anainst anv 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 Countv'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 Leneral law, n. Other provisions not found in the Agreement may be established in consultation with and written approval of the Parks and Recreation Director. Any additions or deletions attached to the Agreement will be in w icing and sinned by Moth parties and be in fUree far the duration of the Agreement. V. FINANCIAL a. The Orimnization must submit an annual financial report, including revenues and expenditures to the Parks and Recreation Division Director and /or designee by January 15"' of the prior year following the most recent facility request by the Organization. b. A new request for the Organization -veil] not be completed until the financial reports have been submitted and reyiexvcd by the Parks and Recreation Director. or the assHnied designee from the previous year. j 15 -P IZ- 00571;12040881 1 ] Page s of ; Packet Page -1584- 16.D.2.b Packet Pg. 1195 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. 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. As soon as possible, but prior to the first official game week, the Organization must submit back -up documentation (based on registration numbers) to support the player per week fee assessed to each Organization. VI. CODE OF CONDUCT a. The president/designated representative of the Organization, is required to ensure that all participants adhere to the Collier County Parks & Recreation Sports Code of Conduct. The Organization is responsible for educating all participants and enforcing all tenants of the Collier County Parks & Recreation Sports Code of Conduct. Failure for the Organization to abide by the Code of Conduct may result in loss of privileges and termination of this Agreement. b. The Collier County Parks and Recreation Division holds that organized sports recreation plays an important role in promoting the physical, social and emotional well -being in all who participate. Organized Sports recreation should occur in an environment which is positive and healthy for all_ Therefore. Collier County Parks & Recreation has adopted a Sports Code of Conduct. All Organizations are required to follow• and enforce this Code of Conduct. This includes all levels of participation from organization board members, coaches, officials, volunteers. parents. and athletes to spectators. Participants include organization representatives. coaches. officials, support personnel, volunteers, parents, athletes, and spectators. c. Participants will treat others respectfully regardless of race, creed. color, national orluin. sex, sexual orientation or ability. Bullying, harassment, or threatening behavior will not be tolerated. d. Participants will use respectful language as well as a respectful tone of voice. e. Profanity. teasing,. taunting,;. ridiculing_.. unkind. abusi--e, or discrin inatory language rill not be tolerated. 4'ellina or screaming at participants will not be tolerated. f. Participants will treat all facilities and equipment respectfully. L,. Vandalism and misuse of equipment and property will not be tolerated. Participants are expected to clean up after themselves and report any darnage immediatcly. h. Participants will be in control of themselves at all times. i, Violence of any sort N ill not be tolerated. Participants «ill not bring, use, or be under the influence of alcohol car mind altering drugs while engaged in Collier County youth sports or on Collier Count- property. I 5-PKIZ-00571 ;'120408811 Page 6 r)f 7 Packet Page -1585- 16.D.2.b Packet Pg. 1196 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. k. Participants will model the Collier Count- Parks & Recreation Sports Code of Conduct at all times. Anyone unable to follow the Code of Conduct will not be allowed to participate in Collier County Parks & Recreation programs or programs held at Collier County facilities. This Agreement is signed and agreed by the Parties this day of 20_ Organization President: By: rijgnature) Print Y ame cep Title) Date: Parks and Recreation Director and /or designee: By: sibnut zrre) Print ,'Fame & Title) Date: 1 11KR -00: 71 1"] 20 095/ 1 ] Page 7 of 7 Packet Page -1586- ` 16.D.2.b Packet Pg. 1197 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. Exhibit A. Insurance Requirements- Parks and Recreation 17 Facili y Use Agreement Concessions Agreement Insurance / Bond Type Required Limits 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 1 Employer's Liability $ single limit per occurrence 3. Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. Z Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the Lessee in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. Other insurance as Pollution Liability Insurance $ Per Occurrence noted: bodily injury and property damage Property Insurance — Replacement Cost -All Risks of Loss 6. 0rgani ation shall ensure that all sub - lessees comply with the same insurance requirements that he is required to meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required 8. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the name of the Lease and location of the leased property. Lessee's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this Lease agreement. Name of Organization Organization President Signature 11 PKR -0 571 ?i204149`1 Packet Page -1587- Date 16.D.2.b Packet Pg. 1198 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. ADDE D( ".,%4 TO YOUTH SPORTS FACILITYY USE AOR1- F 1\. EN T — CONCLSSIONS JYa, i rtn n Cflia»u -rr This Addendum to Youth Sports Facility Use Agreement for limited concessions at league events is made by and between Collier County Parks and Recreation Division and Organization, hereby entered and agreed upon the following terms on this day of , 20_. 1. This Agreement applies to all Collier County Parks with the exception of North Collier Regional Park (NCRP). I1. The Collier County Parks and Recreation Division (CCPRD) allows various organizations, groups, and agencies to sell concessions on property owned by Collier County. Permission to use County facilities for the sale of concessions and other items shall be restricted to the following: a. Organizations, groups, and agencies that are non - profit and serve a beneficial purpose to a segment of the local community, whether it is children or adults. b. The use of the property and /or facilities shall be on a seasonal basis rather than a permanent one. c. The concession stand is available for the organization's use in conjunction with field rentals. d. Concession operators shall be responsible for keeping the immediate area clean of litter and debris at all times. This includes wiping out cabinets. cleaning the refrioerator. and mopping the floor. Failure to comply will result in contents being disposed of by CCPRD. e. Organizations, g roups. and /or agencies granted permission to operate concession area(s) should fully understand that any permanent improvements made to the concession areas become the property of Collier County and may not be removed when the organization; groups or agency's temporary use of the concession area has concluded. Refrigerators, popcorn machines, hot dog warmers. freezers and similar items would not be defined as permanent improvements. Shelving, server windows and similar improvements are considered as permanent improvements. Permission to use and place such equipment must be obtained by submitting a request in writing to the CCPRD. f. `Fhe CCPRD reserves the right to immediately terminate the use of any concession area by an oroaniza.tion. group. or agency if it is determined that it is in the best interest of the County and its citizens who use the park area. Several reasons for terminating the agreement are listed below: es. Lnsanitary conditions h. Failure to open on regular basis i. Failure to keep immediate area of concession facility free of litter j. Proof of funds generated being used for purposes other than those beneficial to a non -profit group or or 15- PKR- 00571/1204148/11 Page 1 of 3 Packet Page -1588- 16.D.2.b Packet Pg. 1199 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. k. Violation (s) of the Florida Health Laws kk Regulations pursuant to the operation of a concession stand 1. The CCPRD shall have the right to be upon and/or enter its property for the purpose of examining and inspecting the same and determining whether the party named in this Agreement is in compliance with Division policies with respect to care, maintenance, repair and renovations. in. It should be clearly understood that the organization providing the activity would be given first priority on operating the concession area. For example, if it is baseball/softball season, the sponsoring organization will have first priority. Youth groups will have priority on fields used by youth and adult leagues. n. In the event that two leagues share the same season, they will both obtain their own health permits and will operate the concession stand on the nights they have the field reserved. It is understood that they will provide their own locks and ensure that their equipment and supplies remain secure when they are not operatin,, the concessions. Both organizations understand that they will be equally responsible for complying with Health Department requirements and that should there be a violation both organizations' permit will be cited. III. Term a. The term of this Agreement will begin on this day of 20 and terminate on this day of- N This document must be signed annually by the current President of the Organization. b. Either party may terminate this Agreement with thirty days written notice. IV. Concession Stand: a. The user a-rees to abide by all Florida Department of Health Laws and Regulations pursuant to the operation of a concession stand and is responsible for obtaining any required permit(s). A copy of the permit must be provided to CCPRD prior to opening the concession. b. If space allows, a storage area(s) will be made available to the user for their use during the season. however. the user may be required by CCPRD to remove all stored materials following, the completion of the season so another user may use the area. The User is responsible for keeping the storage area in good condition and must meet all OSHA regulations for storing materials. Violations Of these rules max, result in the user losing the use of the stora,-,e area. c. Insurance: The Oramnization shall provide all insurance deemed appropriate by the CCPRD. as determined by Collier County Risk Management as set forth In attached Exhibit A. Fees: a. Associations will paN concession fees to CCPRD no later than two (2) weeks after the end of the re(,ulu- season. The concession fees are stated in the Collier Countv Fee PolicV. 15 1 / PKR-OOS71'1204148/1] Page 2 of Packet Page -1589- 16.D.2.b Packet Pg. 1200 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9/8/2015 16.D.7. VL. Keys: a. Keys for all CCPRD facilities will be issued on an as needed basis by the Park Supervisor. The user is prohibited from making copies of said issued keys. User will be required to sign a key usage form (attached). This Addendum to Youth Sports Facility Use Agreement - Concessions is signed and agreed by the parties this day of 320 Organization President: By: yignature) Print .dame & Title) Date: Witness: Parks and Recreation Director and /or designee: Witness: By: Sir IZat t,IIT) Print Fame & Title) Date: 15 -PKR- 00571/1204148/1] Page 3 of 3 Packet Page -1590- 16.D.2.b Packet Pg. 1201 Attachment: Agenda 9-8-15 Item 16.D.7 (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 1 YOUTH SPORTS FACILITY USE AGREEMENT This Agreement is made and entered into on this ____ day of __________________________, by and between Collier County and _________________________________________________, a Florida non-profit corporation. 1. Term The Agreement shall be for a two (2) year period. The County may, at its discretion and with the consent of the Youth Sports Organization (“Organization”), renew the Agreement under all the terms and conditions contained in this Agreement for two (2) additional one (1) year(s) period. The County shall give the organization written notice of the County’s intention to renew this Agreement prior to the end of the Agreement term then in effect. The Agreement shall commence services on the date noted above. 2. Notices All notices from the County to the Organization shall be deemed duly served if mailed or e-mailed to the Organization at the following: Organization Name _______________________________________________ Address _______________________________________________ _______________________________________________ Authorized Agent _______________________________________________ Attention Name and Title _______________________________________________ Telephone _______________________________________________ E-mail(s) _______________________________________________ All notices from the Organization to the County shall be deemed duly served if mailed or e-mailed to the County to: Division Director _______________________________________________ Division Name _______________________________________________ Address _______________________________________________ _______________________________________________ 16.D.2.c Packet Pg. 1202 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 2 Administrative Agent _______________________________________________ Telephone _______________________________________________ E-mail _______________________________________________ 3. Background The Collier County Parks and Recreation Division (CCPRD) strives to enrich the quality of life of the people we serve through our mission to provide leisure and recreational opportunities for the community. CCPRD is fortunate to have interested volunteersOrganization who execute youth Youth sports Sports programsPrograms. Youth Sports Organizations that provide volunteer personnel, and in some cases paid staff, to staff, organize, plan and administer outstanding youth sports programs. These Organizations provide recreational activities to Collier County’s youth population up to the age of eighteen. Compliance of age requirements shall be monitored by Parks and Recreation Site Supervisor. The County provides valuable assets that are funded by taxpaying citizens and the County allows use of these assets to the Organizations. Organizations are required to provide their services in compliance with existing County policies and Ordinances. CCPRD shall become involved in issues related to Organization operations if issues arise related to the County. In these instances, the Organization is required to cooperate with the CCPRD or the Board of County Commissioners to resolve issues in cases not specifically covered by this Agreement. Organizations are required to be non-profit organization registered as a This Agreement is specifically conditioned upon 501(c)(3) status of non-profit corporation under the laws set forth for incorporation by the State of Florida. The Organization shall provide various recreational opportunities at our County facilities.; competitive activities shall not be included in this Agreement. In the event the Organization changes or loses its status as a non-profit, this Agreement shall be terminated immediately. This Agreement contains the entire understanding between the parties, any modifications to this Agreement shall be mutually agreed upon in writing by both parties. Agreement applies to all approved park sites as well as approved school sites with the exception of North Collier Regional Park (NCRP). 4. Guidelines For Becoming A Youth Sports Organization With Collier County Qualified Organizations are defined as a non-profit group that shares the mission and vision of CCPRD as stated above, for use of the Parks and Recreation facilities for a program or event. The Organizations goals will help achieve the recreational needs of the community. This Agreement does not apply to any form of competitive activities and shall be applicable for recreation only. To qualify, the Organization must meet the criteria below. Failure to provide proof of any of the items below will result in immediate termination of Agreement. A. Be an Organized Youth Sport Group that is sanctioned and governed by a recognized regional, state, or local body. 16.D.2.c Packet Pg. 1203 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 3 B. Organizations must be registered as a not-for-profit Organization, as defined by Florida law. A copy of the Organization’s registration with the Florida Division of Corporations is required. C. Maintain good standing with Parks and Recreation staff through the use of the scorecardScorecard. D. At least 51% of all games must be played within Collier County or Collier County Parks and Recreation facilities. A schedule must be provided to the Parks and Recreation Site Supervisor two weeks in advance of the season’s start. E. The program shall be run in a non-competitive manner only where all children who register will be able to play on a team that matches their age and ability. Tryouts are acceptable only for the purpose of placing participants on teams based on their skill level. No one is to be cut from a team or play as a result of a tryout. Activities shall be open to all persons who wish to participate regardless of race, gender, national origin, or disability. F. 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. G. All Organizations must have a total program membership with a minimum of 90% memberships as residents of Collier County. The registration list/roster shall be submitted to include full name and address of each participant along with a signature of an authorized representative in the Organization that states “I confirm, the Organization meets the Collier County resident requirement.” If residency is questioned, physical proof will be required through documentation (water bill, power bill, etc.). NOTE: Addresses are exempt from public record and will be held confidential in accordance with Florida Statutekept in compliance with Section 119.071, Fla. Stat. 5. General A. Fees 1. Fees are established in accordance with Collier County Parks and Recreation Fee Policy, Resolution No. 2023-87, as amended. In addition to the field usage and participant fees, Organizations shall pay an outdoor lighting fee in accordance with the Fee Policy. B. Field Usage 1. Use of Fields are limited and must be for recreational purposes, no competitive leagues will be honored in this Agreement. Field allocation will be given on a case-by- case basis. 2. This Agreement is approved for ____hours per day, ____ days per week of field usage. Additional usage shall be charged according to Fee Policy. 16.D.2.c Packet Pg. 1204 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 4 3. Not-for-profitField usage is authorized Organizations may use field(s) at each facility on a non-exclusive basis to conduct a recreational program at the following location(s): 1. A. __________________________________________________________________ 2. B.______________________________________________________________________ NOTE: Field allocation shall be discussed with Parks staff. Use of fields does not mean open access to all fields at a location. This Agreement includes the use of all support structures (i.e. bleachers and dugouts) at the above locations, unless otherwise specified. C. Many of the facilities have a lightning detection system in place. The Organization is required to adhere to warnings from the system and take appropriate action. D. The Parks and Recreation Site Supervisor will make the final decision on whether a facility or field is usable based on weather or other applicable conditions. E. Each Agreement is limited to no more than two locations, one school and one park. Resources are limited, it is important to carefully manage your Organizational growth and resource utilization. Additional fields shall be rented at the rental rate in accordance with the Fee Policy as amended. It is important to note that the availability of fields is contingent on scheduling and usage., ensuring a fair and equitable distribution of resources to all. F. One week from the start of field usage, the Organization shall provide to the CCPRD an official roster of participants, with back up documentation to include name and full address of youth participant. Organizations may not assign their scheduled time to other Organizations. Failure to do soprovide the documentation may result in suspension of Agreement or loss of field use until documentation has been received. This Agreement includes the use of all support structures (i.e. bleachers and dugouts) at the above locations, unless otherwise specified. G. The CCPRD will hold meetings as necessary to be attended by presidents and/or designated representatives of every Organization. This is a forum to discuss common issues and otherwise engage in useful communication. H. The Organization shall respond to any Parks and Recreation requests pertaining to this Agreement within twenty-four hours. The Organization president understandsagrees that it is the President’s his/her responsibility and obligation to attend this meeting or to appoint a representative who can speak for the Organization. The Organization is required to monitor/regulate the behavior of participants and spectators during sporting events. The Organization or CCPRD representative may 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 shall contact the Collier County Sherriff Office or law enforcement for assistance, if necessary. Commented [CG1]: See page 8. 16.D.2.c Packet Pg. 1205 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 5 6. Authorized Concession Accessibility ☐ Yes ☐ No A. The Organization may operate a concession facility only for events sponsored by or affiliated with the Organization; this is dependent upon site and/or availability. The Organization agrees to abide by all Florida Department of Health Laws and Regulations, Florida Department of Business & Professional Regulation, and Florida Department of Agriculture and Consumer Services pursuant to the operation of a concession stand and is responsible for obtaining any required permit(s) that are applicable. These permits must be kept current and posted at all times. Any food in concession stands shall be limited to pre-packaged items. To ensure the health and safety of youth participants, it is mandated that every Organization operating any form of concession services provide a Sanitization Certificate from the Florida Department of Health. Grills are not allowed per County Ordinance 98.58 (14). CCPRD allows various Organizations, groups, and agencies to sell concessions on property owned/leased by Collier County. Permission to use County facilities for the sale of concessions and other items shall be restricted to the following: A. 1. The use of the property and/or facilities shall be agreed upon with Parks and Recreation Site Supervisor. B. 2. Concession operators shall be responsible for always keeping the immediate area clean of litter and debris. This includes wiping out cabinets, cleaning the refrigerator, and mopping the floor. Failure to comply will result in contents being disposed of by CCPRD. B. Organizations, groups, and/or agencies granted permission to operate concession area(s) should fully understandagree that any permanent improvements made to the concession areas become the property of Collier County and shall not be removed when the Organization, groups or agency’s temporary use of the concession area has concluded. Shelving, server windows and similar improvements are considered as permanent improvements. Permission to use and place such equipment must be obtained by submitting a request in writing to the CCPRD. C. The CCPRD reserves the right to immediately terminate the use of any concession area by an Organization, group, or agency if it is determined that it is in the best interest of the County and its citizens who use the park area. Reasons for terminating include but are not limited to: A. 1. Unsanitary conditions; 2. Failure to keep immediate area of concession facility free of litter; B. 3. Violation (s) of the Florida Health Laws & Regulations or other agencies pursuant to the operation of a concession stand. D. The CCPRD holdsretains the right to be enter its property for the purpose of examining and inspecting the same and determining whether the party named in this Agreement is in compliance with Division policies with respect to care, maintenance, repair, and renovations. 16.D.2.c Packet Pg. 1206 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 6 E. It should be clearly understood that the The Organization providing the activity wouldwill be given first priority on operating the concession area. For example, if it is baseball/softball season, the sponsoring Organization will have priority. 1. In the event that two programs are in the same season, they will both obtain their own health permits and will operate the concession stand on the nights they have the field reserved. The Parties agree It is understood that they will provide their own locks and ensure that their equipment and supplies remain secure when they are not operating the concessions. Additional locks for front door or other access points shall not be permitted. Organizations understand that they will be equally responsible for complying with Health Department requirements and that should there be a violation both Organizations’ permit will be cited. 2. If space allows, a storage area(s) may be made available to the user for their use during the season. However, the user shall be required by CCPRD to remove all stored materials following at the completion of the season so another user may use the area. The user is responsible for keeping the storage area in good condition and must meet all OSHA regulations for storing materials. Violations of these rules may result in the user losing the use of the storage area. 7. Record Maintenance For a period of five years after the expiration or termination of this Agreement, the Organization shall make all records and documents relating to this Agreement such as proof of residency for all youth sport participants available for inspection and copying by the County or any agent designated by the County. 8. Schedules A. Collier County agencies shall take priority of field usage. All field usage rentals shall end at 9:00 PM. Groups are not allowed to monopolize fields. Notice of schedule shall be provided two (2) weeks prior to start of season. Groups who have not used fields responsibly or have violated any of the use guidelines may jeopardize renewal of their Agreement. Dual seasons (fall/spring) will require dual schedules. Schedules should list, at a minimum, fields/facility, dates and times. Games are to begin early enough to ensure completion by the end of the rental time. If use runs past allotted time, additional time will be charged the hourly rate for each hour or half-hour overtime. B. The Organization will also provide updates or changes to the original schedule for approval. It is understood by both partiesThe Parties agree that this schedule includes one (1) game and two (2) practices or vice versa per week (Total of five hours per week as availability exists). CCPRD must review the schedule (which must include all times needed for games, practices) before the Organization can use the designated facilities. Failure to notify Parks and Recreation Site Supervisor may result in loss of field usage. Field users must notify the Parks Site Supervisor to report any reserved time that can be released for public use. 16.D.2.c Packet Pg. 1207 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 7 C. In the event a facility/field is scheduled, and the Organization fails to practice within the first fifteen minutes of the hour reserved, the County reserves the right to use the facility after this time. The Organization must provide twenty-four (24) hours’ notice to the Parks and Recreation Site Supervisor of any field changes. The first and second offense will result in a written notice from Parks and Recreation Site Supervisor and payment of the reservation fee in accordance to the Fee Policy. On the third occurrence the reservation fee will be assessed, and the Organization shall meet with Parks and Recreation Director or Assistant Division Director. This shall result in restriction and/or termination of Agreement. Credits towards future usage because of cancellations will not be allowed. Since fields are allocated in advance and eliminate access for other groups, refunds will not be made for unused allocations. D. The Organization may hold no more than two (2) Organizational meetings per season at their respective park site building at no charge provided a reservation is booked with CCPRD. All other facility/building usage requests are handled as a facility rental and all standard rental fees will apply. Note: The Parks and Recreation Site Supervisor will make the final decision on whether a facility or field is usable based on weather or other applicable conditions. In addition, the movement of County equipment by staff is subject to staff availability and should not be expected. 9. Field Usage Rules and RegulationsRequirements A. The Organization agrees to monitor 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 complete within an hour of the conclusion of the event and the County is required to do the cleanup, then the cost to the County shall be charged to the Organization. Failure to reimburse the County may be grounds to terminate this Agreement. 1.. The Organization is responsible for monitoring the facilities during the Organization’s use. Hourly inspections of restrooms are suggestedrequired to ensure that their members or guests are not purposely or inadvertently causing damage to the facilities. The Organization shall be responsible for locking restrooms at the conclusion of each usage of the facility. A Key Usage form will be required for any keys received. Keys for all CCPRD facilities will be issued on an as needed basis by the Parks and Recreation Site Supervisor. The user is prohibited from making copies of said issued keys. Many of the facilities have a lightning detection system in place. The Organization is required to adhere to warnings from the system and take appropriate action. B. The Organization should notify the CCPRD of any damage, vandalism, needed repairs and/or safety issues at their respective parks 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 shall be held responsible for reimbursing the 16.D.2.c Packet Pg. 1208 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 8 County for all or part of repair costs. Failure to reimburse the County shall be grounds to terminate this Agreement. The Organization is responsible for monitoring the facilities during the Organization’s use. Hourly inspections of restrooms are suggested to ensure that their members are not purposely or inadvertently causing damage to the facilities. The Organization shall be responsible for locking restrooms at the conclusion of each usage of the facility. A Key Usage form will be required for any keys received. Keys for all CCPRD facilities will be issued on an as needed basis by the Parks and Recreation Site Supervisor. The user is prohibited from making copies of said issued keys. The Organization shall not allow any alcoholic beverages and/or illegal drugs to be on County property or in County facilities as it pertains to their Organization. Although animals are allowed in most park facilities; they are not allowed on playing facilities with the exception of service animals in compliance with the ADA. Special attention should be paid to all general rules and signs at park locations such as rules on artificial turf. C. Organizations cannot display signs, banners, and/or posters, etc. on County property including any Community Parks/School approved sites without prior approval by the CCPRD Director or Assistant Division Director. Displays must be removed at the end of 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 sign and zoning regulations. D. 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. E. For any tournaments, game play or other activities outside routine recreational activities where large amounts of trash are expected, Organizations should shall 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 Parks and Recreation Site Supervisor. Failure to comply may be grounds to terminate this Agreement. F. The Organization will be required to complete a rental permit for every game or tournament hosted above and beyond their regular season and will be required to pay a facility/field usage rental fee. G. The Organization will be required to complete a rental permit for any instructional program such as a camp, clinic or academy held. The Organization will be required to pay the facility rental in accordance with the Fee Policy. H. The Organization may supplement County 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 Parks and Recreation Site Supervisor. 16.D.2.c Packet Pg. 1209 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 9 Other provisions not found in the Agreement may be established in consultation with and written approval of the Parks and Recreation Director or Assistant Division Director. Any amendment to Agreement will require Board of County Commissioners approval. 10. Annual Review The Organization shall meet with Parks and Recreation Site Supervisor for an annual review. The Organization must diligently maintain a satisfactory review as a fundamental aspect of its operations. The review serves as a vital tool for assessing and monitoring the Organization's performance, enabling it to track progress, identify areas of improvement, and make informed strategic decisions. Through this review, the Organization can gauge its effectiveness in achieving its objectives and meeting key performance indicators. This practice ensures accountability, transparency, and data-driven decision-making, ultimately contributing to the Organization's overall success and its ability to adapt. 11. Coaches Certifications CCPRD requires all Organizations agrees to have theirall coaches and officials certified in CPR and First Aid. The Organization must also comply with the state Concussion and Head Injury requirements as stated in Florida Statute Section 943.0438. 12. Code of Conduct Organizations must be courteous in their interactions with other Organizations on and off the field. Unsportsmanlike behavior will not be tolerated. The authorized representative of the Organization is required to ensure that all participants adhere to the Collier County Parks & Recreation Sports Code of Conduct and County Ordinances. Participants include Organization representatives, coaches, officials, support personnel, volunteers, parents, athletes, and spectators. The Organization is responsible for educating all participants and enforcing all tenants of the Code of Conduct. Failure of the Organization to abide by the Code of Conduct may result in loss of privileges and termination of this Agreement. Anyone unable to followfollowing violation of the Code of Conduct will not be allowed to participate in Collier County Parks & Recreation programs or programs held at Collier County facilities. 13. Background Screening Requirements For purposes of this section, a background screening shall include a search of the athletic coach’s name or other identifying information against state and federal registries. All coaches, volunteers, referees, etc. shall have background screening in compliance with Florida Statute Sections 125.5801 regarding Criminal History record checks and 943.0438 Athletic coaches for independent sanctioning authorities as referenced in Exhibit B. The Organization shall disqualify any person from participation if he/she is identified on a registry as described. as Sexual predators and sexual offenders, which are available to the public on Internet sites provided by Florida Department of Law Enforcement and The Attorney General of the United States under 42 U.S.C.s. 16920. 16.D.2.c Packet Pg. 1210 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 10 14. Insurance The Organization shall provide all insurance required as determined by Collier County Risk Management and set forth in Exhibit A. 15. Termination Should the Organization be found to have failed to perform services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. 16. Payment Each Organization will be required to have all applicable fees to include but not limited to lighting, concession, participants, additional field rentals, etc. paid by the end of the season. Payment shall be made in accordance with the Fee Policy. Failure to pay may be grounds to terminate this Agreement and restriction to any other Collier County facility. 17. Requirements Documents to be provided with Agreement: A. Certificate of Insurance – to be provided annually. B. Background Screening Affidavit C. Florida Division of Corporation “Sunbiz” - https://dos.myflorida.com/sunbiz/ D. E-Verify – Memorandum of Understanding or Profile Page - https://www.e-verify.gov/ If concession is available to Organization: E. State of Florida, Department of Health – Sanitation Certificate. To be provided annually. https://www.floridahealth.gov/environmental-health/food-safety-and-sanitation/ IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. Organization: By: (signature) 16.D.2.c Packet Pg. 1211 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 11 Date: Parks and Recreation Director and/or Assistant Parks and Recreation Director: By: (signature) Date: Exhibit A Insurance Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440, and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide proof of exemption. An application for exemption can 16.D.2.c Packet Pg. 1212 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 12 be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $__________ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify, and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability Each Occurrence: Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Professional Liability $ Per Occurrence Sexual Abuse & Molestation $1,000,000 Per Occcurrence 7. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide the County with certificates of insurance meeting the required insurance provisions. 8. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured, and the Vendor’s policy shall be endorsed accordingly. 9. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the 16.D.2.c Packet Pg. 1213 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 13 Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 10. On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 GG – 11/13/2023 ______________________________________________________________________________________________ Exhibit B Background Screening Affidavit STATE OF FLORIDA COUNTY OF COLLIER 16.D.2.c Packet Pg. 1214 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement) 14 BEFORE ME, this day personally appeared _______________________________ who, after being duly sworn, deposes and states that: 1. I am over 18 years old, and if called to testify as to the contents of this Affidavit, I am competent to do so. 2. I am the _________________________________ (position or title) of the ________________ ____________________(Organization). 3. Pursuant to the terms of our Agreement with Collier County, all of our coaches, staff, and volunteers have successfully completed the background screening required by §125.5801 and §943.0438, Florida Statutes. Under penalty of perjury, I declare that I have read and understand the requirements stated above, and that all required background screenings shall be conducted in accordance with this affidavit. I further understand that there may be additional local, state, and federal regulations that may require background screening, and that the Organization will be solely responsible for complying with such legal requirements. Furthermore, the Organization shall indemnify and hold Collier County Board of County Commissioners harmless from any and all claims or actions resulting from failure to comply with this affidavit. _____________________________ Signature ______________________________ Printed Name SWORN TO (OR AFFIRMED) AND SUBSCRIBED before me this day of , 20_____, by who is personally known to me or has produced a Florida Drivers’ License (No. ) as identification. ______________________________ Notary Public, State of Florida (SEAL REQUIRED) ______________________________ Printed or Stamped Name of Notary My Commission Expires: ______________________ 16.D.2.c Packet Pg. 1215 Attachment: YSFA Agreement Rev.12-7-23 CAO (27958 : Collier County Parks and Recreation Youth Sports Facility Use Agreement)