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Agenda 09/08/2015 Item #16D 5Recommendation to approve three revised standard Collier County Parks and Recreation facility rental agreements to be used as form agreements and authorize the County Manager or his designee to enter into these agreements. OBJECTIVE: To provide patrons of park facility rentals a standard rental agreement with applicable terms and conditions. CONSIDERATIONS: The Parks and Recreation Division (Division) provides County facilities for the public to rent. The Division has historically reserved approximately 2,700 rentals a year generating revenue to subsidize operating expenses. Fees are governed by the Board - approved Fee Policy No. 2015- 117. A variety of entities including non - profit and private groups may rent park facilities such as meeting rooms, shelters (picnic areas), beaches and athletic fields throughout Collier County. These facilities are generally utilized for conferences, meetings, birthday parties, athletic programs and corporate events among others and subject to standard terms and conditions. The Division has also established a standard rental agreement for Conservation Collier/Pepper Ranch campgrounds with standard rules and regulations. On April 23, 2013, the Board approved two rental agreements; one for governmental agencies and another for private /non - profit. The rental agreement provides a method to convey the conditions of the rental and terms to hold the County harmless of any liability under the terms agreed upon by both parties. After further evaluation and discussion with the County Attorney's Office, the rental agreements were revised to incorporate a standard termination clause. This clause allows the County to end the agreement for cause or convenience at any time. FISCAL IMPACT: The fiscal impact will depend on the demand for rental facilities; however, the estimated annual revenue in the amount of $338,600 has been budgeted in General Fund (001), MSTD General Fund (111) and Golden Gate Community Center Fund (130). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. 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 three (3) standard Collier County Parks and Recreation facility rental agreements as revised to be used as form agreements together with the applicable rules and regulations, 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) Facility Rental Agreements, 2) Facility Rental and Beach Rules 3) Campground Rules Packet Page -1S62- 9/8/2015 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.5. Item Summary: Recommendation to approve three revised standard Collier County Parks and Recreation facility rental agreements to be used as form agreements 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 9:49:14 AM Approved By Name: Washbumllonka Title: Manager - Park Operations, Public Services Department Date: 8/7/2015 10:43:46 AM Name: McPhersonJeanine Title: Assistant Division Director - P & Rec, Public Services Department Date: 8/17/2015 11:24:06 AM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 8/17/2015 2:14:06 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 8/18/2015 2:31:33 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 8/24/2015 8:37:54 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 8/24/2015 9:30:48 AM Packet Page -1563- Name: GreeneColleen 9/8/2015 16.D.5. Title: Assistant County Attorney, CAO General Services Date: 8/25/2015 10:50:40 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 8/25/2015 11:32:46 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/25/2015 11:43:13 AM Name: Casa] anguidaNick Title: Deputy County Manager, County Managers Office Date: 8/25/2015 3:22:48 PM Packet Page -1564- 11fat•, t oomrel6"dA reovrr Rental Contract / Permit - Non- Governme.9�8�2y15,16 D.S. Printed: 21 Jul 2015, 01:31 PM User. shannonmcvauch Contract #: 39536 User: maryannfaratzis Date. 14 Apr 2015 Status: Firm Collier County Parks & Recreation, 15000 Livingston Road, Naples, FL 34109 hereby grants (hereinafter called the "Licensee') represented by permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. I) Purpose of Use NCRP Cat II - Tax 1 -29 people birthday party ii) Conditims of Use Rules may vary per faciky. Please refer to attachment (if applicable) for deMiis. III) Date(s) and Timels) of Use # of Booldngs: t Starting: Sat 16 May 15 02:00 PM Expected: 29 Ending: Sat 16 May 15 05:00 PM FacilitytEquipment Day Start Date Start Time End Date End Time Fee XFee Tax Total NCRP - North Collier Sat 16 May 2015 02:00 PM 16 May 2015 05:00 PM 660.00 $0.00 53.60 $63.60 Pavilions - Pavilion I iv) Additional Fees v) Payment Method Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $60.00 $0.00 $3.60 $63.60 $0.00 56160 $0.00 $0.00 Balance of rental due and payable immediately_ Payment Type Reference Check Rental VISA Rental Amount Date Receipt Number $42.40 14 Apr 2015 1964918 $21.20 17 Apr 2015 1965735 vi) Other Information vii) Additional Notes/Location Pavilion 1 - NCRP - North Collier Pavilions —All iten -s must be removed from the park at conclusion of rental,"`" viii) Termination The County may terminate this agreement/permit for cause or convenience at any firne. Should this agreement be for a period of 30 days or longer, the County will provide 15 day notice for termination for c anvenience. The County has the sole discretion to determine grounds for termination including violation of any County policy, Ordinance or public use of facility required. Packet Page -1565- Page: 1 6 Printed: 21 Jul 2015, 01 :31 PM User. shannonmcvauch Rental Contract / Permit - Non-Govemr. 9/8/201�5.16 D.5. Contract #: 39836 User: maryannfaratzis Date: 14 Apr 21015 Status: Firm The undersigned has read and on behalf of the Licensee agrees to be bound by this Permit/License and the Terms and Conditions contained herein and attached hereto, and hereby warrants and represents that he /she executes this Permit /License on behalf of the Licensee and has sufficient power, authority and capacity to bind the Licensee with his /her signature. The Licensee agrees to indemnify and hold harmless Collier County, the Parks and Recreation Department and any employee of Collier County against any and all claims by or on behalf of any person or legal entity arising from the Applicant's use of premises and /or participation in this program, and will further indemnify and hold harmless the County, its Departments and Employees against performance of any agreements arising from any act of negligence of the Applicant, or any of the Applicant's agents, contractors, employees, or licensees, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or about any claim or proceeding brought thereon, all to the extent of the County's liability under general taw. The County's liability Is subject to the limits of Florida Statute 768.28. The County Parks and Recreation Department reserves the right to deny registration, and to charge fees where applicable. The Applicant must adhere to all County Ordinances, and Parks and Recreation Rules and Regulations. All aspects of the above apply equally to field trips. *Fees are governed by the Board approved Fee Policy found in Resolution No. 2013 -29, as amended. X: Date: X: Name: Title: Collier County Parks & Recreation Hate: Page: 2 Packet Page -1566- 0 GQ' rI lYey. f_niviwew i�, I)Aeuvrr 9/8/2015 16.D.5. Rental Contract - Governmellliai r►yrwncieb Printed: 21 Jul 2015. 01:25 PM User. shannonmcvaugh Contract #: 39836 User: maryannfaratzis Date: 14 Apr 2015 Status: Firm Collier County Parks & Recreation, 15000 Livingston Road, Naples, FL 34109 hereby grants - (hereinafter called the "Licensee ") represented by . parmission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. i) Purpose of Use birthday party 11) Conditions of Use Rules may vary per facility. Please refer to attachment (if applicable) for details. IN) Daft(s) and Time(s) of Use # of Bookings:1 Starting: Sat 16 May 15 02:00 PM Expected: 29 Ending: Sat 16 May 15 05 :00 PM Facility/Equipment Day Start Date Start Time End Date End Time Fee XFee Tax Total NCRP - North Collier Sat 16 May 2015 02:00 PM 16 May 2015 05:00 PM 560.00 $0.00 $3.60 563.60 Pavilions - Pavilion 1 Iv) Additional Fees v) Payment Method Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $60.00 $0.00 $3.60 $63.60 50.00 $63.60 $0.00 $0.00 Balance of rental due and payable immediately. Payment Type Reference Amount Date Receipt Number Check Rental $42.40 14 Apr 2015 1964918 VISA Rental $21.20 17 Apr 2015 1985735 vQ Other Information vii) Additional Notes/Location Pavilion 1 - NCRP - North Collier Pavilions 'All items must be removed from the park at conclusion of rental."' vfll) Termination The County may terminate this agreemenVpermk for cause or convenience at any time. Should this agreement be for a period of 30 days or longer, the County will provide 15 day notice for termination for convenience. The County has the sole discretion to determine grounds for termination including violation of any County policy, Ordinance or public use of facility required. Page: 1 Packet Page -1567 - GP Rental Contract - Governn.9 -J' 8 15 16.D.5. Contract tt: 39836 User: maryannfaratzis Date: 14 Apr 2015 Status: Firrn The undersigned has read and on behalf of the License agrees to be bound by this Permit/License and the Terms and Conditions contained herein and attached hereto, and hereby warrants and represents that he/she executes this Permit/License on behalf of the Licensee and has sufficient power, authority and capacity to bind the Licensee with his/her signature. Each party shall be liable for Its own actions and negligence and, to the extent permitted by law, the - - shall Indemnify, defend and hold harmless Collier County against any actions, claims or damages arising out of - negligence in connection with this Agreement, and Collier County shall indemnify, defend and hold harmless the against any actions, claims, or damages arising out of Collier County's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed: to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. `Fees are governed by the Board approved Fee Policy found in Resolution No. 2013 -29, as amended. 0 Date: X: Name: Title: Collier County Parks & Recreation Date: Page: 2 Packet Page -1568 - �P 9/8/2015 16.D.5. : er Rental Contract 1 Permit - Pepper Ranch %,ampgrouno Printed: 21 Jul 2015. 02:08 PM e e' �.;. User. shannonmcvaugh �,1�4.'��ir tYarr G tznu.re X c 1 r rak•,: to Contract #: 36996 User: teithrausertom Date: 05 Sep 2014 Status: Firm Collier County Parks & Recreation, 15000 Livingston Road, Naples, FL 34109 hereby grants " - ­ (hereinafter called the "Licensee') represented by permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. I) Purpose of Use Cat II - 1 -29 people camping trip ii) Conditions of Use Rules may vary by facility. Please refer to attachment (if applicable) for details, "Check -in time is from 3 :00 p.m. - 5:00 p.m. If you are going to be arriving after 5:00 p.m., you need to call 239 - 252-4000 (Monday - Friday) OR 239457 -1999 (Saturday) before 5:00p.m. to get the gate code. Check -out time is 12:00 p.m. Ill) Date(s) and Timets) of Use # of Bookings: 2 Starting: Fri 27 Mar 15 03:00 PM Expelled: 0 Ending: Sun 29 Mar 15 12 :00 PM Facility/Equipment Day Start Date Start Time End Date End Time Fee XFee Tax Total Pepper Ranch - Campsite Fri 27 Mar 2015 03:00 PM 28 Mar 2015 12:DO PM $18.00 $0.00 $1.08 $19.08 #10 Pepper Ranch - Campsite Sat 28 Mar 2015 03:00 PM 29 Mar 2015 12:00 PM $18.00 $0.00 $1.08 $19.08 #10 Iv) Additional Fees v) Payment Method Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $35.00 $0.00 $2.16 $38.16 $0 -00 $38.16 $0.00 $0.00 Balance of rental due and payable immediately. Payment Type Reference Master Card Rental Amount Date Receipt Number $38.16 05 Sep 2014 1895231 vi) Other Information vii) Additional Notes /Location: from Main Street 8 Immokalee Rd: Travel north approximately 3 miles on 15th St N /Main Street/SR 29 to Lake Trafford Road. Turn west on Lake Trafford Road and travel approximately 3 miles to Pepper Road. Make a right onto Pepper Road and travel 1 mile to the Pepper Ranch Preserve main gate on your left. Will Termination The County may terminate this agreement/permit for cause or convenience at any time. Should this agreement be for a period of 30 days or longer, the County wilt provide 15 day notice for termination for convenience. The County has the sole discretion to determine grounds for termination including violation of any County policy, Ordinance or public use of facility required. Packet Page -1569 - �P Printed: 21 Jul 2015. 02:08 PM User., shannonmcvauch Rental Contract / Pern* - Pepper Rang =2 015 16: D . 5 . Contract M 36996 user: teithausertom Date: 06 Sep 2014 Status: Firm The undersigned has read and an behalf of the Licensee agrees to be bound by this Perndt/Ucenseand the Terms and Conditions contained herein and attached hereto, and hereby warrants and rep ants that he /she executes this Perrnit/Ucense on behaN of" Licensee and has sufficient power, authority and capacity to bind the Ucensee with his /her signature. The Ucensee agrees to indemnify and hold harmless Collier County, the Parks and Recreation Department and any employee of Collier County against any and all claims by or on behalf of any person or legal entity arising from the Applicant's use of premises and/or participation in this program, and will further indemnify and hold harmless the County, its Departments and Employees against performance of any agreements arising from anyact of negligence of the Applicant, or any of the Applicant's agents, contractors, employees, or licensees, and from and against all costs, attorney's fees, expenses, and liabilities Incurred in or about any claim or proceeding brought thereon, all to the extent of the County's liability under general law. The County's liability is subject to the limits of Florida Statute 768.28. The County Parks and Recreation Department reserves the right to deny registration, and to charge fees where applicable. The Applicant must adhere to all County Ordinances, and Parks and Recreation Rules and Regulations. All aspects of the above apply equally to field trips. X: *Fees are governed by the Board approved Fee Policy found in Resolution No. 2013 -29, as amended. X: Name: Title: Collier County Parks & Recreation Date: Date: Packet Page -1570 - CA 9/8/2015 16.D.5. CO r C014 tt y Public Services Department Parks & Recreation Division Rules for Facility Rentals 4. Possession of a permit is required while using indoor and outdoor facilities. Failure to supply a permit when requested by the Collier County Parks and Recreation Director, or his /her designee, may result in expulsion from the area. 4. ALL Collier County Ordinances and Parks and Recreation rules must be adhered to at all times while using indoor and outdoor facilities. o Fires in undesignated areas, animals, alcoholic beverages or intoxicants, solicitors, signs or advertisements and any act of behavior that may interfere with the public's enjoyment of an indoor or outdoor park facility is prohibited. o Noise levels must be reasonable. When using an indoor facility doors should be closed to keep noise levels down. Beach facility permit holders — NO audio device, such as loudspeakers, television, radio, compact disc, tape, record player, or musical instrument exceeding a noise level of 60 decibels (dBA) measured on the A- weighted scale at 25 feet from the sound source is permitted, per Section 146 of the Collier County Code of Laws and Ordinances, Conduct on the beach. o Smoking is prohibited in indoor facilities. 4. Facility or outdoor area must be left in clean condition as determined by the Collier County Parks and Recreation Director, or his /her designee, or deposit will be partially or fully forfeited. Please include adequate time for set -up and clean up when reserving your facility or outdoor space. Fees for rental begin at the time set -up begins and ends when the facility is clean. o ALL decorations, including tape, must be removed. Please use artist tape to secure decorations. Use of staples, tacks, safety pins, straight pins, nails, scotch tape and duct/electrical tape to hang up decorations is prohibited. o Balloons of any kind are prohibited at any park facilities with preserve lands. o Indoor facilities must be vacuumed, floors swept, spills cleaned up, tables and chairs wiped down and trash removed to the dumpster. o ALL equipment and other property (including food, drink, decorations, etc.) not owned by Collier County Parks and Recreation, must be removed upon departure. NO ITEMS MAY BE LEFT OVERNIGHT. o When renting an indoor facility, please remember that hallways and other common areas are not part of your rental. No exclusive use of common areas. 4. No food or drinks are allowed in gallery or exhibition areas of North Collier Regional Park's Exhibit Hall. Proper attire and footwear are required. NO wet bathing suits. �4 Children under twelve (12) must be supervised at all times. Children under twelve (12) are not allowed in park facilities' kitchen at any time. NO exceptions. 4- The Collier County Parks and Recreation Director, or his /her designee, has the authority to revoke any valid permit for violation of rules, county ordinances, county need, or other valid cause. coo cow rr Fw, Packet Page -1571 - Paris and Recreation • 15000 Livmoston Road • Naples, Florida 34109.235- 252-4001,} FAX 230 - 514 -8657 - www.coiiieroarks.com 9/8/2015 16.D.5. Co -ter County Public Services Department Parks & Recreation Division Rules for Beach Weddings ,-- No animals of any kind to include, birds and butterflies 4- No balloons k No open fires to include tiki torches and grills 1. No glass - No alcoholic beverages 4- No amplified music 4. Use of nails, staples, fasteners on trees is prohibited Roping off of specific areas is prohibited 4- The beach is a public area. You may not interfere with the public enjoyment of the beach. You may not impede public access in any way, or request the public to move or relocate. 4- No posting of signs or advertisement. 1 Areas must be cleaned and trash deposited in receptacles. 4. Guest parking and guest behavior is the responsibility of the wedding permit holder. ALL parking regulations, park rules and regulations and Collier County ordinances are strictly enforced. `oyEa co�,� Packet Page -1572 - Faw and Rec eescn • 15000 Livrnasion Roac • Naples. 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