Agenda 05/22/2012 Item #16D 2Proposed Agenda Changes
Board of County Commissioners Meeting
May 22, 2012
Move Item 11J to 16A9: Recommendation to approve a Resolution in Support of Supplemental Agreement
#2 to the Maintenance Agreement between the State of Florida, Department of Transportation and Collier
County, which was approved by the Board at its May 8, 2012 meeting. (Item was inadvertently placed on the
Regular agenda)
Move Item 16113 to Item 14116: Recommendation to approve a Resolution authorizing the execution of a
Joint Participation Agreement between the Florida Department of Transportation ( "FDOT ") and Collier
County, Florida, to obtain partial project funding from FDOT in an amount not -to- exceed $61,947, for the
Immokalee Beautification Municipal Service Taxing Unit project known as "Main Street Improvements" and
approve all necessary budget amendments. (Commissioner Hiller's request)
MOVE ITEM #16D2 TO ITEM #11L: RECOMMENDATION
TO APPROVE AN AFTER - THE -FACT DONATION OF
$29346.60 IN RED CLAY FOR A LITTLE LEAGUE FIELD IN
EVERGLADES CITY AND AUTHORIZE PAYMENT TO TATE'S
TRUCKING FOR PURCHASE AND DELIVERY OF THE CLAY.
(COMMISSIONER HENNING'S REQUEST)
Note:
Item 6B to be heard at 9:45 a.m., immediately followed by Item 14BI
Item 16D6 Executive Summary title should read: Recommendation to approve reprogramming of
Community Development Block (CDBG) Grant funds in the amount of $15,000, and to approve a
subrecipient agreement with Goodwill Industries, Inc. providing the reprogrammed funding to Goodwill in
order to install a voice aetivated evacuation fire alarm system at the Roberts Center in Immokalee, Florida.
(Commissioner Coletta's request)
Time Certain Items:
Item 14111 to be heard at 9! a.m. _immediately following Item 6B
Item 6B to be heard immediately following u 14B!
at 9_ .45_ a.m,
Item 11A to be heard at 10:45 a.m.
Item 11B to be heard immediately following Item 11A
Item HE to be heard at 1:00 p.m.
5/22/2012 9:00 AM
5 ,20',_ item.
EXECUTIVE SUMMARY
Recommendation to approve an after- the -fact donation of $2,346.60 in red clay for a little league
field located in Everglades City and authorize payment to Tate`s Trucking for purchase and
delivery of the clay.
OBJECTIVE: To provide for recreational opportunities for Gulf Coast Little League and develop
practice facilities for the children of Everglades City.
CONSIDERATIONS: Gulf Coast Little League is a co- sponsored league associated with the Collier
County Parks and Recreation Department and the goals of the league are consistent with the mission of
the County Department in providing recreational opportunities for citizens of Collier County.
Last year, children from Everglades City began playing with Gulf Coast Little League as the league
boundaries extend to Everglades City. The Everglades children resumed a Little League last year after
15 -year dormancy where they did not have an organized team. As part of Gulf Coast Little League, the
Everglades City children play their games at Cindy Mysels Park in East Naples. Given the distance from
Everglades City to Cindy Mysels Park it is a hardship for parents and children in Everglades City to travel
to East Naples for practice.
Everglades City arranged with the Catholic Church to provide a baseball field on a vacant parcel
southwest of the corner of Datura and Buckner Streets in Everglades City for the use of the Little League.
By letter dated February 29, 2012, to Barry Williams (copy attached), Mayor Sammy Hamilton requested
that the County provide clay to help create the field. The letter further stated that the City would "provide
direction and some maintenance to the facility..." Everglades City does not have a functioning Parks and
Recreation Department due to the size of the municipality.
Following competitive solicitation, the Parks and Recreation Department purchased and delivered the red
clay using departmental funds budgeted for field maintenance. The Finance Department questioned the
invoice as being outside the scope of the bid. The County Attorney has since questioned whether staff
had the authority to make this donation, absent prior Board approval.
Staff is seeking "after the fact" approval for this entire transaction, and approval of payment to the
vendor.
FISCAL IMPACT: $2,346.60, which will be paid from existing budget within Parks and Recreations
Department, MSTD General Fund 111.
LEGAL CONSIDERATIONS: This is an after - the -fact Board approval of a staff action. The Board
has the power to approve or ratify unauthorized purchases, provided that the Board now believes
it has full knowledge of the material facts relative to the transaction, and believes that it is in the
best interest of the County to make such payment. This item was reviewed by the County
Attorney, is legally sufficient, and requires majority vote for approval in voting for approval, the
Board must make the finding that this transaction serves a valid public purpose, and must ratify
the donation of County funds for this particular project. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
Packet Page -1508-
�i�1 '2v i2 Item _.
RECOMMENDATION: That the Board of County Commissioners finds that this transaction serves a
valid public purpose, ratifies and approves an after - the -fact donation of $2,346.60 in red clay for a little
league field located on private property in Everglades City, and authorizes payment of the attached
invoices to Tate's Trucking for the purchase and delivery of the clay.
Prepared By: Barry Williams, Director, Parks and Recreation Department
Attachments: Letter from Mayor Hamilton, Invoices
Packet Page -1509-
5/22/20 i 2 Item I e. -D.,.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2.
Item Summary: Recommendation to approve an after - the -fact donation of $2,346.60 in
red clay for a little league field located in Everglades City and authorize payment to Tate's
Trucking for purchase and delivery of the clay.
Meeting Date: 5/22/2012
Prepared By
Approved By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 5/7/2012 12:38:31 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 5/7/2012 12:38:47 PM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 5/7/2012 4:46:42 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 5/8/2012 9:21:27 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/9/2012 11:34:42 AM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 5/9/2012 11:53:01 AM
Name: CamellSteve
Title: Director - Purchasing /General Services,Purchasing
Packet Page -1510-
Date: 5/12/2012 6:24:30 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 5/14/2012 9:23:19 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/14/2012 1:11:01 PM
Name: OchsLeo
Title: County Manager
Date: 5/14/2012 3:57:49 PM
Packet Page -1511-
5/'22/2012 atom 1—".7.',.
TATE TRANSPORT CORPORA"IF-10K, 5129120112 Item
2830 WEST STATE 90AD 84 #102
FT. LAUDERDALE, FLORIDA 33312
PH: (954) 581 -3545
FAX: (954) 581 -6038
PURCHASE ORDER INVOICE # PAGE # INVOICE DATE
03/12/2012 12001756 1 1 / 1 03/31/2012
.pJ17V.VVI
(M)04109/2012- 1 1:30:11 CUSTOMER ORIGINAL
log
Packet Page -1512-
CUSTOMER No.
S
JOB NAME JOB -QUOTE No.
S
O
030011
EVERGLADES CITY PARK 110013 -01
L
D
H
COLLIER COUNTY PARKS 81 RECREATION
FROM CC CALHOUN
3299 TAMIAMI TRL E STE 700
1
ATTN: ACCOUNTS PAYABLE
TO 411 DATURA ST EVERGLADES CITY
T
NAPLES FL 34112 -5749
P
O
1
1
1
1 MATERIAL ONLY
Del. Date Ticket No. Qty. Description Truck No. Unit Price Amount
03/1212012
57728
1.00
RED CLAY (M)
8000
195.00
195.00
03/12/2012
57731
1.00
RED CLAY (M)
8000
195.00
195.00
2 TICKETS 2.00 $390.00
TAX 7.00% $0.00
TAT A 1 A.fe�n n
.pJ17V.VVI
(M)04109/2012- 1 1:30:11 CUSTOMER ORIGINAL
log
Packet Page -1512-
T ATE TRANSPORT CORPOR�,T10K 51 '.;2120-L2Z Iier
R
2830 WEST STATE ROAD 84 #F102
FT. LAUDERDALE, FLORIDA 33312
PH: (954) 581 -3545
FAX: (954) 581 -6038 C,
PURCHASE ORDER INVOICE # PAGE # INVOICE DATE
03113!2012 12001758 1 / 1 03/31/2012
S
CUSTOMER No.
S
JOB NAME JOB -QUOTE No.
O
030011
EVERGLADES CITY PARK 110013 -01
H
COLLIER COUNTY PARKS & RECREATION
FROM CC CALHOUN
D
3299 TAMIAMI TRL E STE 700
1
ATTN: ACCOUNTS PAYABLE
TO 411 DATURA ST EVERGLADES CITY
T
NAPLES FL 34112 -5749
P
of
I MATERIAL ONLY
Del. Date Ticket No. City. Description Truck No. Unit Price Amount
03/13/2012
57735
1.00
RED CLAY (M)
8000
195.00
195.00
03/13/2012
57745
1.00
RED CLAY (M)
8000
195.00
195.00
I
2 TICKETS 2.00 $390.00
TAX 7.00% $0.00
IVIHL
$390.0` .
(M)04/0912012- 11:30:11 CUSTOMER ORIGINAL
(0)
Packet Page -1513-
TAT_ T RANSPOR7 CORPORATION 512212012 Item 16.D._'.
2830 WEST ST)'TE ROAD 84 #102
FT. LAUDERDALE, FLORIDA 33312
PH: (954) 581 -3545
FAX: (954) 581 -6038
TOTAL $783.301
(H)04/09/2012- 11:30:11 CUSTOMER ORIGINAL
(0)
Packet Page -1514-
(PURCHASE ORDER INVOICE # PAGE# ( INVOICE DATE
03/12/2012 12001755 1 / 1 j 03(31/2012
S
CUSTOMER No.
S
JOB NAME JOB -QUOTE No.
O
030011
EVERGLADES CITY PARK 110013 -01
D
COLLIER COUNTY PARKS 8 RECREATION
H
FROM CC CALHOUN
3299 TAMIAMI TRL E STE 700
I
ATTN: ACCOUNTS PAYABLE
TO 411 DATURA ST EVERGLADES CITY
T
NAPLES FL 34112 -5749
P
O
f HAULING ONLY
Del. Date Ticket No. Qty. Description Truck No. Unit Price Amount
03/12/2012
57728
1.00
RED CLAY (H)
8000
391.65
391.65
03/12/2012
57731
1.00
RED CLAY (H)
8000
391.65
391.65
RF�V�
rn'?1 M2
qu CE
2 TICKETS 2.00
TOTAL $783.301
(H)04/09/2012- 11:30:11 CUSTOMER ORIGINAL
(0)
Packet Page -1514-
i ATE T RANSP0 i CORPORATION 5/22120/2 iterr
2830 WEST STATE ROAD 84 #102
FT. LAUDERDALE, FLORIDA 33312
PH: (954) 581 -3545
FAX: (954) 581.6038 cl,
(H) 0410912012 - 1130:11
TOTAL
CUSTOMER ORIGINAL
$783.3()L
(0)
Packet Page -1515-
ii
f NUtiL; OfiDEK
INVOICE # PAGE #
INVOICE DATE
03/13/201!Il
12001757
1 / 1
03/3112012
�f
S
CUSTOMER No.
g
JOB NAME JOB -QUOTE No.
0
030011
EVERGLADES CITY PARK 110013 -01
D
COLLIER COUNTY PARKS & RECREATION
H
FROMCC CALHOUN
3299 TAMIAMI TRL E STE 700
I
ATTN: ACCOUNTS PAYABLE
TO 411 DATURA ST EVERGLADES CITY
T
NAPLES FL 34112 -5749
P
O
HAULING ONLY
Del. Date Ticket No. Qty. Description Truck No. Unit Price Amount
03/13/2012
57735
1.00
RED CLAY (H)
8000
391.65
391.65
03/13/2012
57745
1.00
RED CLAY (H)
8000
391.65
391.65
RtU�D
FINANU
2 TICKETS 2.00
(H) 0410912012 - 1130:11
TOTAL
CUSTOMER ORIGINAL
$783.3()L
(0)
Packet Page -1515-
ii
5/212112012 Item IS--
.2.
it
C4Kry
FACILITY USE MEMORANDUM OF UNDERSTANDING
I
This MEMORANDUM OF UN ERSTAN ING is made by and between Collier County Parks and Recreation
Department and &V W GL.S"E' as Co- Sponsor
Organization, and hereby entered on this ( day of ne eM)'Xi 201L.
OVERVIEW
Thie Collier County Parks and Recreation Department ( CCPRD) is fortunate to have volunteers who
execute youth sports programs on behalf of the County. In this unique partnership, the County
pr�vides manpower, budget and resources to construct and maintain quality sports fields and facilities.
Youth sports Organizations provide volunteer personnel, and in some cases paid staff, to staff, organize,
plan and administer outstanding youth sports programs. Together, this team ensures that wholesome,
Wlielthy and enjoyable recreation activities are available to literally thousands of youth in the County.
the County Administration does not get closely involved with the structure, organization or
aciministration of Organization operations, the County Recreation Department must remain
ac.countabie and responsible to citizens for any actions taken on its behalf by any affiliate organization,
including youth sports Organizations. Since the County provides valuable assets that are funded by
tacpaying citizens and the County allows use of these assets to the Organizations, Organizations must
b prepared to provide their services in consonance with existing County policies, ordinances and good
business practices. In addition, there may be times when the County is asked to become involved in
issues related to Organization operations. In these instances, the Organization must be prepared to
cooperate with the CCPRD or The Board of County Commissioners to resolve issues in cases not
specifically covered by this Memorandum of Understanding MOU.
( T I his MOU which includes policies and procedures will apply to all approved park sites, as well as
CCPRD approved school sites).
1. GUIDEUNES FOR BECOMING A CO- SPONSOR ORGANIZATION
a. These guidelines are applicable to the above -named Organization as if specifically agreed to
herein.
b. A co- sponsored organization is defined as a group, designated as such by CCPRD sharing the
basic objectives of CCPRD as stated above, and that requests either advertising assistance, or
use of the Park and Recreation facilities for a program / league or event which the Department
believes will be mutually compatible with its goals and will further the recreation needs of the
Community in general.
c. Co- sponsor organizations / leagues must offer a recreational component.
d. Organizations / leagues that co- sponsor with CCPRD must be not - for - profit, which is defined as
being a Collier County community based or community serving organization not affiliated with
or controlled by a for -profit entity.
e. At least 51% of all games must be played within or at Collier County Parks and Recreation
facilities.
Page 1 of 6
Packet Page -1516-
512=0 12
f. All co- sponsored organizations / leagues must have a total program membership with at lean
90% being residents of Collier County. The determination. of the 90% shall be based on the
i registration list submitted with the request for facility usage on the appropriate due date given
by CCPRD. Co- sponsor status will not be granted to any organization as a short term
relationship.
II. GENERAL
a. The Organization agrees to provide a "Recreational" youth sports program as a service for the
County. Recreational is defined in Paragraph II. d. In return for providing the youth sports
program and for fulfilling the other requirements of this MOU, the County hereby waives all
hourly field rental fees, which are routinely charged to other non - affiliated organizations. Such
fees may be levied, however, if it is determined that fields are being used to subsidize individual
income of paid or volunteer Organization staff, or that events are outside of routine league
season.
b. The term of this MOU will begin and continue
through . This MOU will automatically renew if the Facility MOU
Extension document is signed annually by the current President of the Organization. Either party
may terminate this MOU, provided written notice is given at least thirty (30) days in advance.
tTV)f CWS � Urgk LRA5U'C may use the field(s) and facilities on a non-
exclusive basis
(organization Name)
to conduct a recreational program at the following location(s):
1.
2.
3.
c. This MOU includes the use of all support structures (i.e. bleachers and dugouts) at the above
locations, unless otherwise specified by addendum to this MOU.
d. For purposes of this MOU, 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.
e. The Organization agrees to comply with The Americans with Disabilities Act (ADA) guidelines,
which prohibit the discrimination against individuals with disabilities in any aspect of their
program. The Act requires organizations to provide reasonable accommodations to enable
participants with disabilities to play, unless doing so would impose an undue hardship on the
organization.
f. The Organization must provide to the CCPRD:
1. a list of Board of Directors and /or Organization Officers with contact information
(annually);
Page 2 of 6
Packet Page -1517-
51212012 Item 15.�.._.
2. number of teams (prior to start of season);
3. official league roster of participants, to show how many youth participate, and where
they reside (individual city or out of county) (prior to end of season);
4. current set of by -laws, with amendments if applicable (annually);
5. proof of liability insurance /certificate of insurance coverage: General .Liability coverage
of not less than $500,000 per occurrence (annually);
6. 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).
g. The Parks and Recreation logo must be displayed prominently on all brochures, flyers,
registration forms and other advertising materials, not to exclude advertisements in the news
media.
h. 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.
L The Organization is empowered by the County to control the behavior of participants and
spectators during the sporting event to the same extent the County is so empowered. The
Organization or CCPRD representative can have an unruly or dangerous participant, coach,
parent or spectator removed from the premises during sporting events. Any Organization,
officer, coach, umpire / official, CCPRD representative can exercise this authority. The
Organization, through these people, may contact the Police Department for assistance, if
necessary.
111. 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 changes to the original schedule. It is
understood by both parties that this schedule includes one (1) game and two (2) or vice versa
(Total of five hours per team). CCPRD must review the schedule (which must include all times
needed for games, practices and field maintenance) before the Organization can use the fields.
Once CCPRD has approved the MOU, the schedule and the insurance, the Organization shall
have exclusive use of the fields 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 respective park
site building. This will be at no charge providing a reservation is booked with CCPRD. All other
facility /building usage requests are handled as a facility rental and all fees will apply.
IV. FACILITIES /SECURITY
a. The Organization agrees to police all areas being used to ensure that trash and litter are cleaned
up after use. These areas include any support structures at a facility used by the Organization. If
cleanup for each event is not done in a reasonable amount of time and the County is required to
do the cleanup, then the cost to the County may be charged to the Organization.
Page 3 of 6
Packet Page -1518-
5/12-9/20,11-2 Item,
6
6
I
b. The Organization should notify the CCPRD of any damage, vandalism, needed repairs and /or 1
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.
c. 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.
d. The Organization shall not allow any firearms, animals, 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.
e. Co- sponsored Leagues or Organizations cannot display signs, banners or posters on County
property (Community Parks /School approved sites) without prior approval by the CCPRD
Director or designee, and then must remove them at the end of their regular season. Signs at
Regional Parks can only be displayed during game play and must be removed after each game.
All signage must comply with local zoning regulations. County zoning regulation may be
obtained by contacting 239- 252 -5603. City of Naples zoning regulations may be obtained by
contacting 239 -213 -5020.
i e. The Organization shall not allow vehicles in other -than designated parking areas, including
concession buildings and office areas, unless specifically authorized by the CCPRD. The Collier
County Sheriffs office and /or the Collier County Park Rangers may issue citations for illegally
parked vehicles, or for reckless operation (speeding, etc.) of vehicles on County property.
f. 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.
g. For any tournaments, game 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 with the approval of the
respective park site representative.
h. The Organization will be required to complete a separate contract for every game or
tournament hosted above and beyond their regular season and will be required to pay a
facility /field usage rental fee. The Organization will also incur the cost of lighting fields if
required. These fees are required whether it is a co- sponsored organization /program or a non -
cosponsored organization program.
i. The Organization will be required to complete a separate contract for any instructructional
i
program such as a camp, clinic or academy held whether it is a co- sponsored program or a non-
cosponsored program. 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 fields for any of the Collier County Youth Organization's camps or clinics.
j. Any Organizations serving food must complete the Concession MOU and abide by its terms.
k. The County and the Organization acknowledge that a comprehensive field maintenance
program is required to preserve the life of the fields, reduce long -term capital expenditures and
ensure safe playing conditions. The County provides certain services in accordance with the
Page 4 of 6
Packet Page -1519 -
5/ ?22012 Ite>? 1
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. As Per SB 150: Sports Coaches /Criminal History Screening. all
organizations must sign an affidavit prior to the beginning of the sewn stating that all
coaches have been screened.
m. Waiver and Release Pertaining to the Use of Collier County Parks and Recreation or Collier
County School Board Property and / or Premises:
CkAf cft& U4 !&%)_e (hereafter know as ORGANIZATION), agrees to release
from liability, and to hold hanylt4ss the Collier County Board of Commissioners (hereafter know
as COUNTY) and Collier County School Board, it's employees and agents against any and all
claims brought by or on behalf of the ORGANIZATION, any person, or legal entity which may
arise from the ORGANIZATIONS use of the County's property or premises.
The ORGANIZATION agrees to indemnify and hold harmless the COUNTY from any act of
negligence of the ORGANIZATION, its' agents, contractors or employees, from all costs,
attorney's fees, expenses, and liabilities incurred as a result of any claim or proceeding brought
thereon, all to the extent of the County's liability under general law.
n. Other provisions not found in the MOU may be established in consultation with and written
approval of the Parks and Recreation Director. Any additions or deletions will be attached to
the MOU and be in force for the duration of the MOU.
V. FINANCIAL
a. The Organization must submit an annual financial report, including revenues and expenditures
to the Parks and Recreation Department Director by January 15"' of the prior year following the
most recent facility request by the co- sponsor organization / league.
b. A new co- sponsor request for the Organization will not be completed until the financial reports
have been submitted and reviewed by the Parks and Recreation Director, or the assigned
designee from the previous year.
c. Audit: The County reserves the right to conduct an internal audit (conducted by County staff) of
the Organization's financial records at any time. Audits can be conducted with no advance
notice and the Organization should be prepared to produce the requested information or
documentation. The County will absorb the cost of conducting these internal audits. Moreover,
if warranted by the County based on results of the internal audit, an independent audit (on the
cash basis of accounting) by a Certified Public Accounting firm may be required. The
Organization will be responsible for the cost associated with this independent audit.
d. For Organizations sharing facilities, following the conclusion of a season, the entire concession
stand and storage area will be cleared for the next Organization's season. Should an
Organization choose to sell another Organization remaining concession products, this
transaction needs to take place prior to the beginning of the next Organization's season.
e. 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.
Page 5 of 6
Packet Page -1520-
«
f
7
5/22/2012 Item
This Memorandum of Understanding is signed and agreed by the parties this day of
t Nome & Tide)
/6e C, 1/
Its and Recreation Re resentatiie:
( (tgnatu
Name'& Trt /e)
s's
0201 ,1- is P1-PS1��f
Page 6 of 6
Packet Page -1521-
I
5122/2012 Item
ADDENDUM TO FACILITY USE I` OU - CONCESSIONS
GeeedDiawe
This Addendum to Facility Use MOU- Concessio
Recreation Department and �T U�t +� s is made y d between Collier County Parks and
, �� { f' as Co-
Sponsored Organization, hereby entered and agreed upon the following t64ns on this 1*'i' day of
eernh4r 20ff
This MOU applies to all Collier County Parks with exception to North Collier Regional Park.
The Collier County Parks and Recreation Department (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. For example, a baseball organization may be permitted to use the
facilities and /or property for concession sales during the baseball /softball season and a
soccer organization may be permitted to use the facilities during the soccer season.
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 refrigerator, and
mopping the floor. Failure to comply will result in contents being disposed of by CCPRD.
e. Organizations, groups, 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. 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. Several reasons for terminating the
agreement are listed below:
i. Unsanitary conditions
Page 1 of 3
Packet Page -1522-
N.
5/22/20121tern E.-`._
ii. Failure to open on regular basis
iii. Failure to keep immediate area of concession facility free of litter
iv. Proof of funds generated being used for purposes other than those beneficial to
a non -profit group or organization
v. Violation (s) of the Florida Health Laws & Regulations pursuant to the operation
of a concession stand
g. 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 Department policies with respect to care,
maintenance, repair and renovations.
h. 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 agency will have first priority. Youth groups will
have priority on fields used by youth and adult leagues.
i. 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 operating 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.
j. It should be clearly understood that if Collier County has an exclusive agreement to sell
only a certain product (i.e. Pepsi or Coke) on their property the organizations, groups or
agencies would have to respect that policy and only sell products distributed by that
company.
rnneession Stand:
a. The user agrees 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 may result in the user losing
the use of the storage area.
Fees:
a. Associations will pay concession fees to CURD no later than two (2) weeks after the end
of the regular season. The concession fees are stated in the Collier County Fee Policy.
Page 2 of 3
Packet Page -1523-
of
5/2-9/20121 Item I E.D.-'L
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).
Addendum to Facility Use MOU- Concessions is signed and agreed by the parties this ES} day
DTZW', ✓ . 20_L.
President:
r�✓�" S r `ci.� --tom
t Name & Title)
and Recreation Representative:
Ntrme 9 Title) '
/a- /
Page 3 of 3
Packet Page -1524-
51^2/2012 Item i't..... -.
Vii' o Everglades Cit 6 Y
P.O. Box 110, Everglades City, Collier County, Florida 34139
City Hall 102 Copeland & Broadway
Phone (239) 695 -3781 Fax (239) 695 -3020
D�ar:Barr� ��
V§�ik
While the City can prc� W dir
possible, the County, p ra "de
As always, I appreciate your of
Sincerely,
d a .very su
ection and* orn��naintenance to tlec
the;?�1�ieeiedi<ureate the field
:
Behalf
Mayor
Sammy Hamilton, Jr
City Clerk
Dottie Smallwood Joiner
Packet Page -1525-
City Attorney
Colleen J. MacAlister, Esq.
5122,'2012 Item
City of Ever -o-lades Ci
6 TY
P.O. Box 110, Everglades City, Collier County, Florida 34139
City Hall 102 Copeland & Broadway
Phone (239) 695 -3781 Fax (239) 695 -3020
Mayor City Clerk City Attorney
Sammy Hamilton, Jr. Dottie Smallwood Joiner Colleen J. MacAlister, Esq.
Packet Page -1526-