MECKLENBURG COUNTY PARK & RECREATION DEPARTMENT REVENUE AND PRICING POLICY FISCAL YEAR

Transcription

1 MECKLENBURG COUNTY PARK & RECREATION DEPARTMENT REVENUE AND PRICING POLICY FISCAL YEAR Administrative Office 5841 Brookshire Boulevard Charlotte, NC (Final version, July 1, 2009) 1

2 TABLE OF CONTENTS SECTION 1 Revenue Policy 2 Policy Definitions 3 Service Classifications 4 Fee Adjustments 5 Determining Fees and Charges 6 Facility Rental 7 Equipment Loan/Rental 8 Special Facilities 9 Other Sources of Revenues 10 Payments and Refunds 11 Competition and Pricing 12 Policy Revision Procedures 2

3 APPENDICES A B C D E F G H I J K L M N O Fee Schedule Golf rates per each course Park Ordinances Sample Concession Contract Beer/Wine Permit Facility Reservation Form Program Cost Worksheet Rent/Borrow/Lease Form Special Revenue Funds Previous Years Fee Analysis First Right of Reservation Policy Operations Guide: Grady Cole Center and Memorial Stadium Check Acceptance/Return Policy Tennis Court Block Reservation Policy Soccer Field Cost Recovery Program Analysis 3

4 SECTION 1 REVENUE POLICY I. INTRODUCTION The Mecklenburg County Department of Park and Recreation offers diversified leisure services to its residents. Historically, these services were financed by appropriation of tax dollars from the County's general fund and from general obligation bonds, which is to say that residents of Mecklenburg County have previously paid for their parks, recreation areas, and leisure services primarily through taxation. In recent years, the growing population in and around Charlotte and Mecklenburg County has increased demand for new, expanded, and more diversified services. Additionally, costs of land and capital projects have increased, as have operational costs, and a greater emphasis has been placed on generating non-tax revenues. These pressures are of such magnitude as to cause alternative sources of revenues to be more and more critical for the operation of parks and facilities. In the field of park and recreation, sources of funds other than local taxes include: - Gifts and bequests - Grants - Contractual receipts - Concessions and leases - Fees and charges - Sponsorships II. PHILOSOPHY The Mecklenburg County Park and Recreation Department endeavors to provide the highest quality leisure experiences possible within its appropriated budget. Funds have traditionally come from property taxes paid by the residents of Mecklenburg County. Yet, these same taxpayers may benefit in varying degrees from the services provided. With this in mind, the department attempts to balance the cost-to-benefit ratio by providing certain basic facilities and services without a fee for use or participation. Extended or specialized facilities and programs are provided through fees to the user and/or participant to recover all or part of the costs. Conversely, patrons who reside outside of Mecklenburg County and do not contribute support to the County's park and recreation efforts via taxes, and those patrons who propose to use public recreation facilities for proprietary gains, will incur fees and charges higher than the local taxpayer. Beyond passing along the cost of services to those who benefit most directly from those services, the department recognizes other less tangible benefits from the use of a 4

5 fair and equitable system of fees and charges. Examples are: 1) Paying even a modest fee appears to give the patron a "pride-of-ownership" feeling and a greater sense of appreciation for the service or activity. 2) Charging fees tends to reduce the frequency of vandalism and promote a sense of ownership. 3) Charging an entrance fee can sometimes aid in traffic control and reduce park congestion. 5

6 SECTION 2 POLICY DEFINITIONS The following definitions are provided to clarify the meaning of terms used within this policy document: I. TYPES OF FEES AND CHARGES: Entrance Fees: Fees to enter a developed park, recreation area, cultural or historic area. Admission Fees: Fees to enter a building or enclosed structure, as in a fee to enter a sports facility for an event. Rental Fees: Payments made for the privilege of exclusive use of park property of any kind. User Fees: Fees for the use of a facility, participation in an activity such as a group program or instructional class, or fares for a controlled ride. Sales Revenues: Revenue obtained from the operation of stores, concessions, restaurants, and from the sale of merchandise and other property. License and Permit Fees: Fees to obtain written consent to perform some lawful action, typically after permission has been issued by a division of government. Examples include payment to obtain a fishing license or concession permit. Differential Fees: Those additional fees charged to non-county taxpayers for the use of County facilities, programs, etc. The non-county fee is generally 50% higher than the fee charged to the local resident/patron. Special Services Fees: Fees for supplying extraordinary articles, commodities, activities, or services that may not be considered standard or routine functions of a public agency, such as individual or private golf lessons, photo/video location fees for advertising/motion picture firms, or athletic league entry fees. Nominal Fee: A minimal fee intended to recover a portion of the costs associated with a basic service, as in a field light fee for a youth athletic game or league. II. TYPES OF REVENUE/REVENUE SOURCES 1. Compulsory Revenues: Revenue from mandatory payments such as tax revenues or special assessments. 6

7 2. Alternative Revenues: Revenue sources other than compulsory revenues. These revenues may include gifts, sponsorships, donations, grants, fees and charges. 3. Contractual Revenues: Contractual revenues include revenues from vending contracts, leases, and management agreements. a. Concessionaire Contracts: Contracts awarded to individuals or businesses to sell goods in County Parks. A permit to sell is purchased by the concessionaire, or the department generally receives a percentage of the concessionaire's gross receipts. b. Performance Contracts: Contracts awarded to provide specific or specialized services for the department. When applicable, the department receives a share of the gross receipts. c. Management Agreements: Contracts awarded for the complete operation of a special facility such as a golf course. The department receives a percentage of the gross receipts and/or a minimum monthly rental fee. III. OTHER DEFINITIONS USED WITHIN THE POLICY Service: Any program, class, event, activity, sales or rental opportunity provided by the department. Special Facility: Also called a revenue-based facility. These facilities are approved and constructed with the understanding that all or a major portion of the construction and/or operating costs will be recovered through the collection of user fees and charges. Direct Costs: Those costs that can be directly and exclusively attributed or assigned to a specific service. Indirect Costs: Those costs that can be attributed to more than one (1) program or service. Examples would include departmental administrative staff salaries, insurance, acquisition/construction depreciation or the costs of operating an activity bus that may be used for several different programs. Full Costs: These are both the direct costs and a pro rated percentage of the indirect costs that can be attributed to a specific service. County Sponsored: Services that are organized, promoted, and conducted exclusively by County staff and are the responsibility of the County. County Co-Sponsored: Services that are organized, promoted, and conducted in part by 7

8 County staff and in-part by an outside agency, organization, or individual(s) and are the negotiated responsibility of both parties as defined by a performance contract. Any fees assessed to the outside group for facility use of staff time shall be established to recover the County's direct costs at minimum. County Facilitated: Services that are organized, promoted, and conducted by an outside agency, organization, or individual(s) with limited assistance from County staff. These services are the responsibility of the outside group. County involvement often includes permission to use a County facility or promotional assistance. Normally, these levels of service are defined by the warranties/guarantees of a contract. Any fees assessed to the outside group for facility use or staff time shall be established to recover the County's direct and indirect costs. Capital Reserve Fund or Special Revenue Fund: A revenue fund established to support a specific park or facility. In lieu of the County s general fund, revenues are accrued in a special revenue or capital reserve fund and may be used for capital improvements at the designated facility. The Board of County Commissioners must authorize expenditures. Director: The Director of Park & Recreation or designee. 8

9 SECTION 3 SERVICE CLASSIFICATIONS Services offered by the department may be broadly identified as "basic services", "extended services", and "special services". In this section, these categories are defined and identified with a listing of typical services in each classification. These classifications determine, in part, how much of each service's cost will be recovered through user fees and charges. I. BASIC SERVICES These services generally represent a minimum level of leisure opportunity available to all County residents. These services are often provided free of charge, such as greenway trails and outdoor playgrounds. Nominal fees and charges may be required for some basic services in order to control use, or to hold a reservation for exclusive use. II. EXTENDED SERVICES These services may be described as traditional public leisure services. Considerable staff planning and supervision is required. These services benefit both the participant and the community due to their educational, cultural, physical, and/or economic value. Generally, the direct costs of these services will be recovered through fees and charges. Examples include instructional classes, adult athletic leagues, trips/excursions, etc. III. SPECIAL SERVICES These may be described as services beyond the scope of traditional public leisure services. The individual user or participant enjoys the benefits from these services exclusively. Direct costs and a portion of the indirect costs will be recovered through fees and charges. Examples include golf course fees, aquatic center passes, boat launch fees, campground rentals, Memorial Stadium rental, etc. 9

10 SECTION 4 FEE ADJUSTMENTS I. SPECIAL GROUPS AND SITUATIONS: A. Youth: Reduced fees shall be established for youth eighteen (18) years of age or younger. Youth fees for basic services shall be nominal. Fees for extended services shall generally recover 50% of direct costs. Fees for special services shall generally recover up to, but no more than 100% of direct and indirect costs. Proof of age may be required at the time of registration. B. Non-County Residents: Because many non-county residents use Mecklenburg County park and leisure services without making compulsory tax contributions to help support these services, it is reasonable to establish non-resident differential fee rates. In general, fees and charges for non-residents shall recover 100% of a service's direct cost and an additional 50% for that service's indirect costs. Proof of residency and age may be required at the time of registration. C. Senior Citizens: Due to the fixed income of many residents sixty-two (62) years of age and over, the department shall establish senior adult fees. Fees for basic services shall be nominal. Fees for extended services shall generally recover no more than 75% of direct costs. Fees for special services shall generally recover up to, but no more than 100% of direct and indirect costs. Proof of age may be required at the time of registration. D. Family: For the purpose of establishing a family fee, the definition of a family is defined as the spouse and legal dependants. For example: husband, wife, and children living in the household. It does not include grandparents, grandchildren, cousins, etc. unless there is a legal guardian relationship, such as a grandparent having custody of a child or similar circumstance. II. PRIME TIME RATES: A. Rates at Non-Revenue Facilities: Fees may be increased for certain services at prime times of the day, week, month, or year. Generally, these increases shall not exceed the direct and indirect cost of providing the service. The reason for prime time pricing is to control or limit the use of a facility during periods of potential overuse. 10

11 1. Definition of Weekend/Holiday and Weekday: Friday may be considered a weekend day within the facility rental pricing structure. Weekdays would be Monday-Thursday and the lower rates applied, with the occasional exception of holidays that fall on a weekday. B. Rates at Revenue Facilities: Prime time rates are not limited to the recovery of direct and indirect costs at revenue facilities. Increased prime time rates may exceed these full costs, but as with all fees, are subject to review by the Park and Recreation Commission and approval by the Board of County Commissioners. III. SEASON PASSES: A. Season passes may be offered at various facilities, or amenities within certain facilities, for various services to encourage use and to reduce the costs of fee collection and provide a higher level of convenience to repetitious users. IV. WAIVERS: A. Fees and Charges: On rare occasions, fees and charges may be reduced or waived completely when such action is determined by the Director to be in the best interest of the Mecklenburg County Park and Recreation Department and the service applicant. Charlotte-Mecklenburg Schools and private schools located in Mecklenburg County receive an automatic waiver of rental fees for weekday use of standard open-air picnic shelters. B. Non-Profit Waiver Requests: Local non-profit organizations may secure waiver of fees through accomplishment of a special park project. The project must be approved in advance of the waiver through submission of a proposal to the Director or designee. 11

12 SECTION 5 DETERMINING FEES AND CHARGES During the annual budget process of each fiscal year, fees and charges for Basic and Special services, as defined in Section 3, Service Classifications, will be recommended by the department staff, reviewed by the Park and Recreation Commission, and submitted to the Board of County Commissioners for approval. Extended services, which are generally fees for classes, leagues, camps, clinics, special events, etc., will be established administratively by a fee determinant process. The fee determinant process will consider staffing, cost of materials and supplies, facility expenses, anticipated participation, and market/demographic variables as described in Section 4, Fee Adjustments. A sample fee determinant model is provided in Appendix F, Program Cost Worksheet. Fees and charges are evaluated in an identical manner, which includes the following process: 1. Determine the direct and indirect costs of providing the service. The hourly rate for volunteer labor has been defined by the Point of Light Foundation as $ Determine the service classification (SECTION 3). 3. Make adjustments to the fee or charge as outlined in SECTION Identify the market rate or current fee being charged for a similar service. 5. Consider inflationary factors for services. 6. Take into consideration any budget mandates as related reliance on revenue to relieve tax burden on public. 7. For Extended Services, which are generally classes, leagues, camps, clinics, and similar programs, complete the program fee determinant process, secure the appropriate administrative approval within the district or division, and proceed with marketing and implementation of the program. 8. For Basic and Special Services, present the recommended fee or charge to the Park and Recreation Commission for review and then recommended to the Board of County Commissioners. 12

13 SECTION 6 FACILITY RENTAL This policy prescribes the specific regulations under which the Mecklenburg County Park and Recreation Department shall make its facilities available for use by departmental/nondepartmental groups. The facilities of the department are first and foremost for the use of department sponsored and scheduled programs and services. When its facilities are not in use by its related service divisions, the department, at its discretion, may make certain facilities available to other groups. Priority for use will be as follows: l. Park and Recreation Department sponsored programs 2. Mecklenburg County Departments and Affiliates (i.e. Charlotte-Mecklenburg School System) 3. Civic functions, church functions, private functions, and others With revenue producing facilities such as the Grady Cole Center and Memorial Stadium, smaller department-sponsored events may be relocated to accommodate a major or revenueproducing event at the discretion of the Director. Also, while the department will take into consideration the compatibility of events that may be booked simultaneously at Grady Cole and Memorial Stadium, the rental of one (1) does not preclude the rental of the other. I. USE OF DEPARTMENT NAME Use of a facility does not imply endorsement or sponsorship of the event by the department or the County. Therefore, publicity shall be designed in such a way that no suggestion of endorsement and/or sponsorship is implied. All such publicity shall be reviewed in advance by the designated department staff and upon his/her recommendation be approved by the Director of the Park and Recreation Department. II. ADMINISTRATION OF FACILITY RENTALS l. Execution of this policy shall be the responsibility of the Director of Park and Recreation. 2. The Director shall decide whether any group qualifies for facility use under this policy and shall have the authority to cancel a facility use permit or contract at any time for cause. 13

14 3. It shall be the responsibility of the Director with the involvement of the Park and Recreation Commission to give any special interpretation or to make any decision concerning the use of facilities not covered specifically in this policy or when there is a question concerning the use of facilities. III. TYPES OF FACILITIES The department offers the following facilities for rental/use: Picnic shelters/picnic sites Classrooms/meeting rooms Gymnasiums Athletic fields and courts Cross-Country Running Course Campground Aeromodeler Flying Field Grady Cole Center Memorial Stadium Bandshell/Amphitheater Other facilities by special request Administrative Support Assistants shall refer all short notice (7 days or less) request for picnic shelters or indoor assembly facilities to the respective General Manager who will make all arrangements to accommodate such requests. Once all arrangements have been made the Park General Manager will direct the Administrative Support Assistants to complete all reservation procedures in the department s reservation system and process all paperwork for payment. All softball tournament facility bookings shall require an advance deposit of $ This deposit will be paid in two installments. The first shall be a $ deposit per tournament which is due by January 1 st of each year. The balance of $ is due no less than thirty (30) days prior to the actual weekend tournament date which has been reserved in advance. The total deposit is nonrefundable however it will be credited to the total facility rental fee and deducted accordingly. Rental fees for commercial video/film permits, low impact video/film, still photography and student media are assessed only when any video/filming is for commercial use when a product is being made for sale or resale to the public and filming/video causes a major disruption to the staff and or facility. Fees for rental/use of the above named facilities, services and locations are listed in Appendix A. Fees are evaluated annually as described in SECTION 4 of this Revenue Policy. 14

15 SECTION 7 EQUIPMENT LOAN/RENTAL The department may loan selected equipment to the public for limited use. Generally, use of equipment is to be limited to park and recreation facilities and property, and the department reserves the right to refuse loan of equipment due to conflicting departmental needs or concern regarding wear and tear on a particular item. Some equipment will also have a rental fee based on replacement costs, demand, and comparable market rates. All equipment is intended first and foremost for departmental use. A listing of available equipment and rental fees can be found in Appendix A. I. EQUIPMENT LOAN/RENTAL GUIDELINES A. Reservations for equipment shall be made a minimum of two (2) weeks in advance and endorsed on a department Rent/Borrow/Lease form (Appendix I). B. Reservations are on a first-come, first-served basis. C. If a rental fee is required, payment in advance of equipment pick-up is required. D. Late returns of equipment and non-payment of late fees shall result in forfeiture of future rentals. E. Equipment will be inspected and demonstrated for functional use by staff prior to and upon return by borrower/renter. F. In the event the equipment is damaged beyond normal wear and tear, the borrower/renter shall be responsible for paying up to the full retail market replacement cost of the item(s). G. Borrower/renter is responsible for loading and transporting all rented equipment. H. Equipment must be picked-up and delivered by the borrower/renter during normal facility business hours for the facility from which the equipment is rented. I. Equipment must be returned by the borrower/renter to the facility from which it was obtained. 15

16 SECTION 8 SPECIAL FACILITIES Special facilities are largely operated and maintained from user fee revenues. Fees and charges collected may be set aside in a special fund, known as an enterprise fund. This fund is separate from the County general fund. An enterprise fund is used to finance the operational costs related to a specific special facility. The Department recommends striving for or increasing direct cost recovery by seeking to add operational value by: (1) outsourcing operations to an external entity; or (2) continuing selfoperations and annually increasing admission fees for youth and adult patrons until admission fees parallel admission fees at Ray s Splash Planet and the Mecklenburg County Aquatic Center. In some cases, a portion of revenues earned at selected County-owned public facilities managed through full-service Management Agreements are placed in special accounts called Capital Reserve Project Funds for facility improvement projects. These funds must be approved and established by the Board of County Commissioners on an individual basis (indicated by * below). The following department facilities are identified as special facilities: I. PUBLIC GOLF COURSES A. Charles T. Myers Public Golf Course* B. Revolution Public Golf Course* C. Sunset Hills Public Golf Course* D. Renaissance Public Golf Course* E. The Tradition at Mallard Creek II. PUBLIC AQUATIC FACILITIES A. Mecklenburg County Aquatic Center* B. Ray s Splash Planet* C. Marion Diehl Center Pool D. Cordelia Pool E. Double Oaks Pool In response to the Fit City Challenge, Mecklenburg County employees can join several Mecklenburg County Park and Recreation facilities throughout the County to use the fitness equipment. Fees are: Mecklenburg County Aquatic Center Employee only $10.00/biweekly & employee family peak pass $18.00/bi-weekly; Ray s Splash Planet 16

17 Employee only $14.00/bi-weekly & employee family pass $22.00/bi-weekly; Ray Pass ( includes all Park & Recreation facilities) Employee only $18.00/bi-weekly & employee family pass $26.00/bi-weekly; Tuckaseegee, West Charlotte, Southview, Mallard Creek & First Ward Fitness Centers Employee only $5.00 per center bi-weekly, no family pass. All membership fees are paid by payroll deductions. III. TENNIS FACILITIES A. Jeff Adams Tennis Center* IV. EQUESTRIAN FACILITIES A. Latta Plantation Equestrian Center* V. STADIA/ARENAS A. American Legion Memorial Stadium B. Grady Cole Center VI. HISTORIC FACILITIES A. St. Mary's Chapel* B. Dowd House C. Latta Place D. Rural Hill Plantation 17

18 I. GIFTS AND DONATIONS SECTION 9 OTHER SOURCES OF REVENUE In recent years Mecklenburg County has established a proud tradition of maintaining and developing nature preserves and parks for both the active and passive recreation enjoyment of all residents and visitors. Public funds provide the basic financing needed to develop and maintain parks and facilities. However, those extra amenities that can make leisure time activities more enjoyable are sometimes beyond the budget limitations of the department. One (1) of the ways that these special needs can be met is through the Park Partners Program. (Appendix L) The Park Partners Program enables the patron to donate funds and/or materials and supplies to the department to purchase or provide equipment, landscaping, programs, buildings, vehicles, service in-kind, or land for future parks. Individuals, groups, organizations, service clubs, businesses, companies, scout groups, and church groups can all become Park Partners. A gift through the Park and Recreation Department, may be either cash for a specific item, or the item itself. If the contribution does not cover the entire cost, the money will be accumulated toward the purchase of that item. If additional contributions are not made to purchase the item, the donor may either select an alternate gift or have the Park and Recreation Department determine where the donation may be best used. Many Park Partners will be volunteers, both individuals desiring to help with a program or project, and through groups or organizations on a more formal basis. In appreciation for their service, the department may provide volunteers discount or complimentary admission to parks, programs, or events. PARTNERS FOR PARKS DISCOUNT Contributors to the Partners For Parks Foundation at a $50 or above level receive a discount of 10% for all department services. The contributor receives a card to present at the point of purchase. The actual cost of producing the card is paid for by the Partners For Parks Foundation. II. GRANTS Professional staff of the department may investigate the possibilities of securing a grant or outside funding source for department facilities and programs. All department grant applications must be reviewed and approved by the Director of Park and Recreation and, in some cases, other County Administrators. Receipt of grant funds must be formally accepted 18

19 and the budget amended by the Board of County Commissioners. III. CORPORATE SPONSORSHIPS Staff pursues corporate sponsorship of events, programs, and facilities on an ongoing basis. These arrangements may involve the donation of funds, volunteer time, equipment, supplies, or labor by the corporate sponsor in return for name recognition of that sponsor's contribution and involvement. The decision of whether or not to enter into a sponsorship agreement shall always depend on the County's philosophy, leisure needs of the county's residents, the goals and priorities of the County/department. Generally, sponsorships will be solicited through established programs or campaigns such as Ray s Kids to Camp, the parks gifts program, athletic leagues, the memorial tree program, etc. Major individual, non-recurring, or one-time sponsorships, such as the title sponsorship for an event or facility, will be reviewed and approved by the Director of Park and Recreation and, if applicable forwarded to the Park & Recreation Commission and/or Board of County Commissioners. IV. SPECIAL REVENUE FUND Vehicle entry fees collected at McDowell Park are set aside in a special revenue fund. Capital reserve funds have also been established to accrue a portion of the revenues from the golf courses, Equestrian Center, St. Mary s Chapel, Aquatic Center, Mallard Creek Recreation Center, and boat launch facilities. These funds are used to finance capital projects. (Appendix J). V. CONTRACTUAL REVENUES A. Concessionaire Contracts: The department, through approval by the Board of County Commissioners, is authorized to issue concessionaire permits to qualified individuals, groups and businesses. The primary purpose of the concessionaire program is to offer park visitors the opportunity to purchase food, beverages, ice, and other goods at special events and activities in the County parks. Secondarily, the concessionaire program is intended to generate revenues for the department. A sample concessionaire contract form is included as Appendix C. B. Concessionaire Selection: Interested individuals, groups or businesses must first complete an application for a permit. The department may also advertise "Requests for Proposals" (RFP's) to solicit providers of such services on an extended basis through a performance contract. Conducting sales on County property is a privilege, not a "right." Concessionaires abusing their privilege will lose privileges. Permits will be awarded based on the following considerations: 19

20 l. The appropriateness of the goods to be sold in regard to the nature of the event and service goals of the department 2. The quality of the goods to be sold 3. The quality of the concessionaire's service and promptness of previous payments to the County 4. The proposed prices of the goods to be sold 5. The number of concessionaires selling similar goods with current permits 6. Location or site requested Concessionaire permits will be awarded for up to one (l) year unless otherwise negotiated. Concession permits may be revoked if: l. The concessionaire fails to pay a permit fee or report sales revenues and submit a commission to the department within thirty (30) days after operation at an event of activity or other deadline that may be established 2. The concessionaire falsifies sales revenue records or understates revenues received 3. The quality of service or goods sold falls below the department's standards after previous warning has been issued describing the deficiencies 4. Failure to submit an annual report 5. Failure to provide services on dates assigned to concessionaire 6. The concessionaire leaves excessive trash or causes damage to public property 7. The department is notified of unpaid taxes or other financial deficiencies with any branch of local, state, or federal government 8. Expiration or inadequate insurance 9. Failure to comply with applicable health laws and regulations The department reserves the right to assign concessionaires to specific parks and sites within a park to ensure a controlled sales environment appropriate for public property. Concessionaires 20

21 are not permitted to show up at parks unannounced and are not allowed to park trailers or carts without approval of the specific location. C. Concessionaire Responsibilities: For the privilege of selling goods on public parkland, the concessionaire will purchase a concessionaire permit that will be valid for a designated period of time, generally up to one (1) year. Generally, the department will receive a negotiated flat fee. The Director, at his discretion may authorize different percentages, flat fees, and other rental payment plans for concession privileges if circumstances warrant such an alternative. The concessionaire may be required to submit an official monthly or annual income statement for sales made in County Parks during the previous year or other specified time frame. The concessionaire shall notify the department of a cancellation of operation(s) for an upcoming event at least fourteen (14) days before the date of the event. 1. Concessionaires must have a valid Charlotte-Mecklenburg business license. 2. Concessionaires must provide proof of general liability insurance in the amount required by the County, and name the County as an additional insured. 3. Concessionaires must have authorization from the Mecklenburg County Health Department for prepared foods. The County reserves the right to conduct unscheduled, random audits of the concessionaire's cash collection procedures at any time during operation in County Parks. The department may also choose to control revenue collection through ticket or coupon sales at any event providing the concessionaire has been informed of this procedure at least seven (7) days before the event or activity. Concessionaires applying to contract with the County for the first time may be required to provide samples of their product(s) for inspection at the department's business office or at a park site to be determined by Park and Recreation Staff. B. PERFORMANCE CONTRACTS Unlike concession contracts, performance contracts may not involve goods sold, but rather the provision of special services for the department. Examples may include instructional classes, activity lessons, or officiating at athletic events. Contracts will be awarded to individuals, groups or businesses offering reputable services that meet the current service goals of the department. When revenues are generated, the County and the contractor shall share gross receipts earned according to the terms of the negotiated contract. Performance contracts are generally no more than one (1) year in length, but may be for longer periods if the cyclical nature of the business, capital demands of the operation, or 21

22 other factors justify the term length. C. MANAGEMENT AGREEMENTS Management Agreements are negotiated and awarded for the complete operation of a special facility. This type of agreement is instituted when departmental operation(s) of the facility is either cost prohibitive or is not cost-effective; or when the operation(s) require a level of expertise beyond the capabilities of departmental staff. Golf courses are prime examples of this type of special facility. The department receives a percentage of the gross receipts and/or a minimum monthly rental rate. The length of terms and conditions of renewal may vary based on the approval of the Director and/or County Manager. D. LEASES The department may, with the approval of the Board of County Commissioners, and in accordance with the statutes of the State of North Carolina, lease property to private sector organizations for the development and provision of park and recreation facilities. Facilities developed on property leased from the department will be open and available to the public, and may not be exclusive in any manner that is discriminatory on the basis of race, sex, origin, or physical ability. 22

23 SECTION 10 PAYMENTS AND REFUNDS I. PAYMENT SCHEDULE Generally, all payments or deposits must be received before services will be rendered and made payable to Mecklenburg County. For example, athletic league and tournament teams are required to make pre-season and pre-tournament payments by certified check or money order in advance of scheduled games. Generally, personal checks will not be accepted. For some programs and/or facilities, non-refundable down payments may be required. II. NON-PAYMENTS Individuals or groups that fail to meet established payment deadlines will receive a standard form letter (Appendix C) indicating the balance due, late payment charges assessed (if applicable), and a final payment deadline. This payment deadline will be ten (10) days from the correspondence date. Individuals or groups that do not submit payment in full within this period will have their registration/reservation canceled immediately and will be denied future participation in department programs or future facility rental until their account has been settled. III. RETURNED CHECKS All returned checks will be assessed a $25.00 service fee, which is the amount allowable under state law. IV. PAYMENT EXTENSIONS Requests for a payment deadline extension may be submitted in writing to the Director of Park and Recreation with justification and explanation of need. V. FULL REFUNDS A. Departmental Services: A full refund will be issued in the event of insufficient program enrollment or inclement weather for departmental programs. Additionally, park/facility visitors or program participants of activities planned and implemented by the department will be granted a full refund if the patron is not satisfied with the service rendered. Refund requests must be submitted in writing and indicate the reason or cause of dissatisfaction with the service. B. Non-Departmental Activities: In lieu of refunds due to inclement weather for nondepartmental activities such as family picnics, athletic field reservations, etc., the 23

24 department reserves the right to issue a credit for a future reservation for the same type of facility at a later date. C. Services by Independent Contractors: Refunds will be made according to the individual contractor's agreement. VI. PARTIAL REFUNDS A. A 10% service charge will be applied to refund requests for programs and/or services not yet rendered. For example, a patron registers for a program and determines later they are no longer interested, have a schedule conflict, or cannot participate for some other reason. In cases such as these, the patron must submit a written request for a refund at least ten (10) days before the service date, activity, or first class of an instructional session. B. Refunds will generally not be granted for requests with less than ten (10) days before the first session). C. In unusual situations (patron is relocating, has an illness or becomes physically unable to continue program, etc.) where a refund is requested for services that have been paid in advance (such as Aquatic Center annual passes), the balance of remaining value will be refunded after receipt of a written request. VII. FACILITY RENTALS A. In the case of shelter rentals, special facility rentals, and athletic field rentals, there will be no refund of the facility fee (or down payment if applicable) if the cancellation is made less than thirty (30) days prior to the reservation date. Cancellations made fewer than thirty (30) days in advance provide little opportunity for rental to another party. B. A refund less a 10% service charge will be approved when the registrant submits a written request at least thirty (30) days before the rental date. Exception: a nonrefundable deposit is required to reserve major revenue-producing facilities: 1) Grady Cole Center, Memorial Stadium, Aquatic Center, and major multi-field softball complexes. The deposit will be credited toward the final payment of facility rental. If the reservation is canceled, the deposit is forfeited. (The Special Facility Manager, at his/her discretion, may allow the deposit to be credited to another event or reservation, provided the party making the reservation has not canceled previous reservations.) C. The Director of Park and Recreation will review special requests when submitted in writing. 24

25 SECTION 11 COMPETITION AND PRICING A primary goal of the Mecklenburg County Park and Recreation Department is to provide a comprehensive leisure service delivery system to meet the needs and desires of all county residents. Generally, the services provided by the department are not offered by local private businesses. The department shall not attempt to duplicate or compete with services offered by private business. However, in the event that services provided by private sector businesses do not meet the leisure and recreation needs or desires of all county residents, the department may establish alternative service delivery opportunities. Should any business claim that these alternative services create unfair competition, the department shall provide reason to justify the service in question. These claims shall be reviewed by the Park and Recreation Commission and submitted to the Board of County Commissioners if required. Fee levels for services similar to those offered by the private sector shall be reviewed as part of the fee determination process and departmental fees shall not be intentionally lowered to create undue competition. 25

26 SECTION 12 POLICY REVISIONS The Mecklenburg County Park and Recreation Department Revenue and Pricing Policy shall be reviewed for amendment on an annual basis during the County budget process by the Director's Office, with involvement from the Department's Service Divisions. Recommended policy changes will be reviewed by the Park and Recreation Commission and recommended for approval to the Board of County Commissioners. The Director may approve changes in administrative procedures described in the policy. The fee schedule shall also be reviewed annually during the budget process by the Director's Office, with participation from the Department's Service Divisions. Changes in the fee schedule shall be reviewed by the Park and Recreation Commission and recommended for approval to the Board of County Commissioners. County residents may submit suggested policy changes in writing for annual consideration. These suggestions should be addressed to the Director of Park and Recreation. 26