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Agenda 05/22/2018 Item #16D 705/22/2018 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute Amendment No. 3 to the Parks and Recreation Division Facility Use Memorandum of Understanding with Naples BMX, Inc. to authorize the parties to renew the agreement using one-year terms. OBJECTIVE: To provide recreational opportunities for Collier County citizens and visitors. CONSIDERATIONS: Naples BMX, Inc. is currently operating the Wheels Skate and BMX Park under a Parks and Recreation Facility Use Memorandum of Understanding (MOU). The parties wish to renew the agreement for an additional one-year term under the same terms and conditions. In order to continue the services provided for in the original MOU dated June 10, 2014, and pursuant to Amendment No. 1 dated April 26, 2016, the Contractor agrees to renew the MOU for an additional one -year term with an effective date of Board approval. The amendment authorizes the parties to renew the agreement each year administratively. There are sixteen (16) BMX tracks in Florida owned by various local government entities. Sixteen (16) of the tracks have an agreement in place with an organization to operate BMX related events. Naples BMX is currently operating the Wheels Sake and BMX Park under a Facility Use MOU. Naples BMX offers a recreational program that is designed as a non-competitive program where all participants who register under existing guidelines will be able to participate in events with others of similar age and ability. FISCAL IMPACT: FY18 Maintenance Expenses are anticipated to be $5,000. Funding is available in the Golden Gate Community Center’s Fund (130) operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this request. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: To approve and authorize the Chairman to execute Amendment No. 3 to the Parks and Recreation Division Facility Use MOU with Naples BMX, Inc., to renew the agreement for an additional one-year term to operate BMX-related events at the Wheels Skate and BMX Park. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. Amendment#1 (PDF) 2. BMX Amendment #3 - VenderSign (PDF) 3. Naples BMX MOU for Wheels Park (PDF) 4. BMX Amendment 2 (Signed) (PDF) 16.D.7 Packet Pg. 1060 05/22/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 5453 Item Summary: Recommendation to approve and authorize the Chairman to execute Amendment No. 3 to the Parks and Recreation Division Facility Use Memorandum of Understanding with Naples BMX, Inc. to authorize the parties to renew the agreement using one-year terms. Meeting Date: 05/22/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 04/24/2018 2:21 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 04/24/2018 2:21 PM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 04/24/2018 2:52 PM Parks & Recreation Barry Williams Additional Reviewer Completed 04/24/2018 4:44 PM Parks & Recreation Aaron Hopkins Additional Reviewer Completed 04/27/2018 12:52 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 04/30/2018 2:22 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 05/02/2018 1:43 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/05/2018 10:10 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/08/2018 10:40 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/08/2018 2:56 PM Budget and Management Office Ed Finn Additional Reviewer Completed 05/11/2018 9:04 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/14/2018 2:39 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/15/2018 1:14 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM 16.D.7 Packet Pg. 1061 Amendment#1 to PARKS RECREATION FACILITIES USE MOU NAPLES BMX,INC. This amendment, dated Ac,L (4 ' , 2016 to the referenced Memorandum of Understanding MOU") shall be by and between the parties to the original MOU, NAPLES BMX, INC. Contractor")and Collier County, Florida, ("Owner"). Statement of Understanding RE: PARKS AND RECREATION FACILITIES USE MOU WITH NAPLES BMX, INC. In order to continue the services provided for in the original MOU document referenced above, the Contractor agrees to amend the MOU as stated below. Note: Language deleted has been etfuek-threugh. New language has been underlined. Part IL General b. The term of this MOU will be one year and will begin on June 14, 2016 and continue for one year. The term of this MOU may be renewed extended for two (2) oneyearperiods one (1-) additional year by both parties with at least thirty days notice prior to expiration. Either party may terminate this MOU at any time with thirty (30) days written notice. Collier County may terminate for cause at anytime with 7 days written notice. Part III. SCHEDULES Wednesday: 5:3 0-8:3 0p.m. Fridays 5:30-10:00 pm 8:00p.m. Saturdays 9:00am-2:00pm Part V. Naples BMX Obligations c. Naples BMX agrees to provide the following positions during all Naples BMX operating times: (1) Certified, valid Track Operator, or (2) Certified, valid Clerk of Courts Naples BMX Inc., Board member. d. Naples BMX agrees to provide the following positions as required by USA BMX in addition to: (1) (1) Certified, valid Track Operator, or(2) Certified, valid Track Director: Clerk of Courts Naples BMX Inc., Board member. and a Certified,valid Teaching Coach. g. Naples BMX agrees that it shall be responsible for tarping and untarping the track before and after use if applicable. k. Naples BMX agrees that regional, state, and national events must be approved by the Parks and Recreation Director or designee at least four (4) months 90 days in advance. Some events may require Board of County Commissioners approval. All other terms and conditions of the agreement shall remain in force. 15-PKR-00603/1229654/1]1 C' q 16.D.7.a Packet Pg. 1062 Attachment: Amendment#1 (5453 : Amendment 3 - MOU - Naples BMX, Inc) IN WITNESS WHEREOF,the parties have each,respectively,by an authorized person or agent,have executed this Amendment on the date(s) indicated below. Accepted: -4141 2(0 2016 1 Dwight E'Brock,' -t'k 'OWNER: Th 1:\..:.. i'f - BOARD OF COUNTY COMMISSIONERS BY: Al!..,' OF COLL R COUNTY FLORIDAtoairmansa Citt Witness: V By: j7117,40 D NNA FIALA, Chairman By: gna eCONTRACTOR: ti--, c: n` NAPLES BMX, INC. Print Name Allv-7-By: Contractor's Se/end ss:Signature By: Print Name and Title Signature Prin ame proved as to form and legality: N.—Assistant County Att rney Ci beat/TVI -10-1-}t---- p A 15-PKR-00603/1229654/1]2 0 16.D.7.a Packet Pg. 1063 Attachment: Amendment#1 (5453 : Amendment 3 - MOU - Naples BMX, Inc) Amerdment #3 to PARXS RECREATION FACILMES USE MOU NAPLES BMX, INC. This amendment, dated , 2018 to the referenced Memorandum of Understanding (..MOU,,) shall be by and between the parties to the original MOU, NAPLES BMX, INC. ("Contractor") and Collier County, Florida, ("Owner"). Strtement of Underltrnding Rf,: PARKS AND RECREATION FACILITIES USE MOU WITH NAPLES BMX, INC. ln order to continue the services provided for in the original MOU document rcferenced above, the Contractor agrees to amend the MOU as slated below. Note: language deleted has been struek+hreugh. New language has been underlined. Part II. General b. The term of this MOU will be one year and will begin on the date of Board approval on-Ji.n€ {4r+0{5 and continue for one year. This MOU will automatically renew annuallv unless terminated by either partv with thirt), (30) davs written notice. @ expiroti€n Either party may terminate this MOU at any time with thirty (30) days wricen notice. Collier County may tenninate for cause at anytime without notice. Port III. Schedules a. The Organization agrees to provide CCPRD with a written schedule of local events at least 30 days in advance. Wednesdays 5€e-8J0pm 5:00 - E:00pm Thursdays: Track Maintenance Fridays: 59e--8:00pm 5:00 - 9:00pm Saturdays: 3 2 Saturdays per month 9:00am - 2*0pm_!QQ Pert V. Naoles BMX Oblisations k. Naples BMX agrces that regional, state, and national events must be approved by the Parks and Recreation Director or designee at least niaeq(90-doys) sixty (60) davs in advance. Some events may require Board of County Commissioners approval. All other terms and conditions of the agrcement shall rcmain in force. IN WITNf,SS WHERf,OF, the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date(s) indicated below. @ [ | 5-PKR-0060]/t 229554/l ] 16.D.7.b Packet Pg. 1064 Attachment: BMX Amendment #3 - VenderSign (5453 : Amendment 3 - MOU - Naples BMX, Inc) Contractor' Accepted: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ANDY SOLIS, Chairman CONTRACTOR: NAPLES BMX, TNC. x1 By: 2018 Drvight E. Brock, Clerk BY: Contractor By: 's Second Witness: 7/z-. Sisnaturehti-fvf",: Print Name as to form and legaliqv: I l 5-PKR-o0603/12296541 t)@ By: 2 16.D.7.b Packet Pg. 1065 Attachment: BMX Amendment #3 - VenderSign (5453 : Amendment 3 - MOU - Naples BMX, Inc) 16.D.7.c Packet Pg. 1066 Attachment: Naples BMX MOU for Wheels Park (5453 : Amendment 3 - MOU - Naples BMX, Inc) 16.D.7.c Packet Pg. 1067 Attachment: Naples BMX MOU for Wheels Park (5453 : Amendment 3 - MOU - Naples BMX, Inc) 16.D.7.c Packet Pg. 1068 Attachment: Naples BMX MOU for Wheels Park (5453 : Amendment 3 - MOU - Naples BMX, Inc) 16.D.7.c Packet Pg. 1069 Attachment: Naples BMX MOU for Wheels Park (5453 : Amendment 3 - MOU - Naples BMX, Inc) 16.D.7.c Packet Pg. 1070 Attachment: Naples BMX MOU for Wheels Park (5453 : Amendment 3 - MOU - Naples BMX, Inc) 16.D.7.c Packet Pg. 1071 Attachment: Naples BMX MOU for Wheels Park (5453 : Amendment 3 - MOU - Naples BMX, Inc) 16.D.7.c Packet Pg. 1072 Attachment: Naples BMX MOU for Wheels Park (5453 : Amendment 3 - MOU - Naples BMX, Inc) Ameudmetrt #2 (Renewal) to PARKS AND RECREATION FACILITIES USE MOU NAPLES BMX,INC. =+\er-U<-:rThis Amcndmenl, dated ' ?( ,2017 ro the referenced Memorandum of Understarding ("MOU") shall be by and bct$,een the panies to the original MOU, NAPLES BMX INC. ("Contractor") and Collier County, Florida, ("Ownei'). Statement ol Understsnding REr PARKS AND RECREATION FACILIIES USE MOU WITH NAPLES BMX, INC. In order to conlinue t}le senices provided for in thc original MOU document dated June 10, 2014 as refercnced above, and pursuant Io Amendment #1 dated April 26, 2016, the Contractor agrees to renew the MOLI as stated below: The Parties agree to renew this Agreemcnt for an additional one year terrn with an eflbctive date ofJune I {, 2017 through June 14,2018. All orher terms and conditions of the Agrecment shall rcmain in forcc. fN WITNESS WHEREOP, the paflies have each, respectivel!,, by an authorized penon or agent, have execuled this Amendment on the dale(s) indicated below. eccegrea: 4.Jb-11 .201'l OWNER: BOARD O COMMiSSIONERS OF CO , FLORID By: i, By: Penny Taylor, CONTR{CTOR: NA}LES B B C 'i.,t. By: ) Tr*1,:i.*b - SisDature ^ t t t Viik;e 5, W;l9o^l Prin Name Bv: Print Namc Contractor's Second Witn lr J-PKR4060I/il J0633/ll Dwight E. Brock, pJlrli' Print Name and Tirle 16.D.7.d Packet Pg. 1073 Attachment: BMX Amendment 2 (Signed) (5453 : Amendment 3 - MOU - Naples BMX, Inc)