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Posted Monday, August 20, 2012
Pittsboro, NC - The Chatham County Parks and Recreation department proposes a Youth Sport Primary Provider Policy. Below is the content of this policy:
YOUTH SPORT PRIMARY PROVIDER POLICY
The purpose of designating organizations as a Youth Sport Primary Provider (the "Providers" or "Provider") is to accomplish County goals for delivery of youth sports programs that the county is not currently able to provide. In turn, the Providers will be able to utilize county facilities for programming. Various nonprofit organizations exist for the delivery of youth sports in Chatham County. The County acknowledges that (1) demand exists for several programs that are not currently offered by the Parks & Recreation Department, and (2) these programs could potentially be offered by these nonprofit organizations. As the county continues to develop more facilities, the demand for the use of those facilities will likely increase. The Provider policy outlines the organizational requirements for consideration of designation.
The designation of organizations as Providers will help meet county residents' demand for youth recreation services. Designated Providers will be held to minimum acceptable standards set by the county.
To Chatham County:
Together with programming offered by the Parks & Recreation Department, the designation of Providers will assist the County in meeting the demand for youth sports programs. Designating Providers should have a positive impact on the county budget because the county will not have to bear programming costs.
To the Provider:
As Chatham County's population grows and additional facilities are developed, the demand for facility use will increase. Designated Providers will have priority status for using county facilities at no cost.
DESIGNATION OF PRIMARY PROVIDERS
The County Manager shall designate Providers based on recommendations from the Parks & Recreation Director, the Recreation Advisory Committee, and any other committees the County deems appropriate.
Chatham County will designate no more than one Provider in each high school district for a period of three years. The County may elect to recognize a single provider for multiple districts or the entire county. The County reserves the right to increase, decrease, or change the designated districts if future population and/or facility growth warrant change. Designation will begin on the date agreements are executed between Chatham County and Provider. The County will neither recognize nor provide block facility use to any group that is duplicating the services provided by officially designated Provider. 2
ORGANIZATION OF PROVIDER
A. PRINCIPAL REQUIREMENTS
To ensure that each group operates in an organized manner, the following requirements must be met:
1. Designated Providers shall operate as non-profit corporations under the laws set forth by the State of North Carolina and shall possess 501c (3) designations from the Internal Revenue Service Organizations that apply for Provider designation must supply a copy of their 501c(3) IRS letter.
2. A copy of the Provider applicant’s Articles of Incorporation shall be submitted to the Parks and Recreation Director with the application for Provider designation. Subsequent changes to the Articles of Incorporation shall be submitted to the Parks & Recreation Director within 30 days of those changes becoming effective.
3. A copy of the Provider applicant’s bylaws shall be submitted to the Parks and Recreation Director with the application for Provider designation. Subsequent changes to the bylaws shall be submitted to the Parks & Recreation Director within 30 days of those changes becoming effective.
4. The following insurance is required:
(a) Directors and Officers Liability Insurance, in the amount of not less than One-Hundred-Thousand Dollars ($100,000), combined single limits.
(b) Comprehensive General Liability in the amount of not less than One-Million Dollars ($1,000,000), combined single limits.
All insurance policies shall be issued by companies authorized to do business under the laws of the State of North Carolina and shall be rated not less than "A" by A.M. Best and Company. Provider shall furnish Certificates of Insurance to the County, naming the County as an additional insured, prior to the commencement of activities. The certificates shall clearly indicate that Provider has obtained insurance of the type, amount, and classification as required for strict compliance with this provision and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County. Compliance with the foregoing requirements shall not relieve Provider from any liability or obligations under this policy.
5. Chatham County also reserves the right to require a fidelity bond for all organizations.
B. FISCAL OPERATION
1. The Provider shall operate as a non-profit corporation under the laws set forth for incorporation by the State of North Carolina.
2. The treasurer or other designated officer will be responsible for the fiscal operations of the Provider including, but not limited to, dues, registration fees, insurance fees, donations and concession revenues. The Provider must establish and operate according to generally accepted accounting principles.
3. All revenues and expenditures must be documented. Upon request, these records must be made available for public review and to the Parks and Recreation Department.
4. A monthly financial report, certified by the president (or chairman) and treasurer, must be maintained by the Provider and made available to the Parks and Recreation Director upon request.
5. Annual financial statements and copies of annual tax returns (Form 990) must be submitted to the Parks and Recreation Director no later than August 15th of each year.
C: RECOGNIZED STANDARD OPERATIONS
Recognized standard operations are defined as the delivery of the specific youth recreational sport program for which the Provider was recognized by the County. The Provider is responsible for all general operations of its program including, but not limited to advertising, registration, program rules, team composition, game and practice schedules, and program operating costs.
a. Each Provider will be responsible for establishing the registration dates for its respective program.
b. Public advertisement of registration dates must occur in advance of the registration dates and copies of the advertisement must be given to the Parks & Recreation Department.
c. Registration must be available to all interested individuals meeting the basic requirements (e.g. age) for participation. Registration may not be denied based upon ability or inability to perform at an advanced level.
d. Registration shall take place in a manner accessible to the general public; any physical registration sites must be in a location that is open to the public.
e. All registered participants must be guaranteed a minimum level of participation (as determined by the Provider). A copy of this policy must be provided to the Parks & Recreation Director in the application.
2. Residency Requirements
a. It is the responsibility of Provider to require that a minimum of 75% of all participants in the program are Chatham County residents.
b. Should vacancies occur during the season, priority to fill those vacancies should be given to Chatham County residents.
c. Player rosters, by division/age group, must be available to the Parks and Recreation Director upon request. Rosters must include each participant’s name, date of birth, home address, and county of residency.
3. Required Background Checks
Providers must establish guidelines and criteria for background checks on volunteers and paid staff (including, but not limited to, coaches, assistant coaches, referees, umpires, etc.) having contact with youth. Providers may establish guidelines more stringent than those below, but as a minimum, must:
a. Annually, conduct criminal background checks and maintain records of searches conducted. The County will assist by identifying ways to reduce costs associated with conducting background checks.
b. The County shall furnish Providers copies of the Parks & Recreation Department’s Standards for Volunteer Coaches to serve as the minimum threshold for disqualification factors.
c. A written record of the names of the individuals for whom background checks were conducted, the date on which they were conducted, and a designation of acceptable or unacceptable must be maintained by each Provider. Records must be signed by a designated board member. Specific findings from the background checks need not be disclosed, only a designation of acceptable or unacceptable. Records must be made available to the Parks & Recreation Director upon request.
4. Accident insurance must be available to all participants. A fee for that insurance may be levied separately or incorporated into the registration fee.
5. Fees and Charges
a. The Provider shall determine participant fees. The County shall be notified of these fees upon initial application and any changes in fees.
b. Providers are encouraged to have policies governing scholarships or reduced fees for low-income participants. These policies will be considered favorably by the County in designating Providers.
c. Under no circumstances may the Providers charge entry fees to the general public for access to the Provider’s recognized standard operations taking place on Chatham County Parks & Recreation owned, leased or maintained property.
6. Each Provider is permitted one "sanctioning body" tournament per season with no fees for use of county fields, as long as a Special Events Permit or a Temporary Permit is not required. The following govern whether a Special Events permit or a Temporary Permit is required:
a. The tournament must be for one age group or division. If multiple age groups or divisions are included, the Provider will have to obtain a Temporary or Special Events permit.
b. Admission charges are not allowed. If admission will be charged, the Provider must obtain a Special Events or Temporary permit.
c. Any tournaments that will, as determined by the County, significantly impact the normal operation of the park and/or surrounding infrastructure or contain elements that require specific public health or safety evaluation/permit requires that the Provider obtain a Special Events permit.
7. Any other supplemental operations, such as camps, clinics, etc., are subject to Section I of the Chatham County Parks and Recreation Department Facility Use Policy.
REVIEW & REMOVAL
A. PROVIDER REVIEW
1. On an annual basis, each Provider will be reviewed by staff for compliance with this policy.
2. The Provider will submit a written annual report to the Parks & Recreation Department, the format of which is prescribed in Appendix 1.
3. Providers may be required to present the annual report to Recreation Advisory Committee. The presentation date, time and location shall be established by the Recreation Advisory Committee.
B. REMOVAL OF PROVIDER
1. The Parks and Recreation Director may recommend to the Recreation Advisory Committee that the agreement between the County a Provider be terminated. Causes for termination include, but are not limited, to the following:
A. Violations of County Policies and Procedures as described in the Provider Agreement or the Chatham County Parks and Recreation Department Facility Rules or the Chatham County Parks and Recreation Department Facility Reservation and Permit Policy.*
B. Failure to provide expected services under the Provider Agreement.
C. Criminal charges against one or more board members of a felony or misdemeanor turpitude.
D. Financial impropriety.
E. Actions of the board or coaches that cause or have the potential to cause injury to participants.
F. Actions of the board or coaches that cause or have the potential to cause serious financial or legal risk to Chatham County. The Recreation Advisory Committee will then forward its recommendation to the County Manager. Only the County Manager may remove a Provider.
4. In addition to the above removal procedures, the County Manager has the authority to remove a Provider for cause. The removal of a Provider for cause by the County Manager is final and is not appealable.
Nothing in the above policy is meant to conflict with the Chatham County Parks and Recreation Department Park Rules or the Chatham County Parks and Recreation Department Facility Reservation and Permit Policy. In cases of conflict, the Facility Reservation and Permit Policy will supersede this policy. Provider will follow all requirements of the Chatham County Parks and Recreation Department Facility Reservation and Permit Policy and Park Rules.
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