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Agenda 09/12/2017 Item #16D1309/12/2017 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign a Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) to allow youth hunts for Collier County residents at Pepper Ranch Preserve in December 2017 and February 2018. OBJECTIVE: To facilitate FWC-sponsored youth hunts at Pepper Ranch Preserve. CONSIDERATIONS: At its January 12, 2010 meeting, Agenda Item 10D, the Board of County Commissioners (Board) directed the County Attorney and County Manager to wor k with FWC to coordinate the Youth Hunting Program for Collier County residents at Pepper Ranch Preserve. Since then, the Board has annually approved youth hunts at Pepper Ranch Preserve. This item is to seek Board approval of a Youth Hunt Memorandum of Agreement for youth hunts on the following dates: December 8-10, 2017 (Hog Hunt) and February 23-25, 2018 (Turkey Hunt). By entering into this agreement with FWC, the Board will become a volunteer landowner with the Youth Hunting Program of Florida, thereby allowing FWC-administered youth hunts for Collier County residents to occur at Pepper Ranch Preserve. Adult volunteers who have successfully passed a criminal background history check, and are qualified will plan and facilitate the hunts. Participants in the Youth Hunting Program of Florida must: Be 12 to 17 years old; Complete the Florida Hunter Safety Course <http://myfwc.com/hunting/safety- education/courses/>; Be accompanied by a parent or guardian; Complete a Marksmanship Certification. (Attached as back-up for informational purposes); Complete the Unconditional Release of Liability Risks form. (Attached as back-up for informational purposes); Submit a refundable deposit to secure position once they are selected for a youth hunt. The Memorandum of Agreement and Unconditional Release of Liability Risks form have been reviewed by the County’s Risk Management Division and are acceptable. The Final Management Plan for Pepper Ranch Preserve, approved by the Board on June 28, 2011, Agenda Item 16E6, includes youth hunts as an allowed activity. FWC has previously administered youth hunts where hunting was limited to county residents. FWC advises that such limitation often results in the youth hunt not being full. As such, FWC will first accept youths that are Collier County residents, and, if the hunt is not full, it will open the hunt up to non-Collier County residents. The staff is recommending that the Board Chairman sign the Youth Hunt Memorandum of Agreement before FWC because it is FWC policy to sign all Youth Hunt Memorandums of Agreement after the Landowner has signed. 16.D.13 Packet Pg. 1466 09/12/2017 FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The Agreement was derived from the FWC standard form agreement. This item is approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve and sign a Memorandum of Agreement to allow Youth Hunts for Collier County residents at Pepper Ranch Preserve in December 2017 and February 2018. Prepared By: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. YouthHuntMOU_2017-18 (PDF) 2. Liability Risk Release (PDF) 3. Marksmanship Certification (PDF) 16.D.13 Packet Pg. 1467 09/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.13 Doc ID: 3575 Item Summary: Recommendation to authorize the Chairman to sign a Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) to allow yo uth hunts for Collier County residents at Pepper Ranch Preserve in December 2017 and February 2018. Meeting Date: 09/12/2017 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 08/03/2017 1:46 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 08/03/2017 1:46 PM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 08/03/2017 2:14 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 08/04/2017 4:48 PM Parks & Recreation Matthew Catoe Additional Reviewer Skipped 08/07/2017 7:06 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 08/13/2017 6:50 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 08/15/2017 7:03 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/16/2017 12:03 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/17/2017 10:30 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/17/2017 4:16 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/18/2017 3:03 PM Budget and Management Office Ed Finn Additional Reviewer Completed 08/22/2017 12:20 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:08 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM 16.D.13 Packet Pg. 1468 16.D.13.a Packet Pg. 1469 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1470 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1471 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1472 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1473 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1474 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1475 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1476 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1477 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1478 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1479 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1480 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) 16.D.13.a Packet Pg. 1481 Attachment: YouthHuntMOU_2017-18 (3575 : Youth Hunt Agreement) FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Hunter Safety and Public Shooting Ranges Section Youth Hunting Program of Florida UNCONDITIONAL RELEASE OF LIABILITY RISKS I/We have knowingly and willingly entered into a YHPF activity and agree to abide by its rules, terms, provisions and conditions. I/we understand that if any person displays unsafe, unethical, illegal, or disruptive actions/attitudes or disobeys rules/policies, the entir e party may be removed from the activity in the sole discretion of the Huntmaster, who has absolute authority over the activity. I/we further understand that most youth hunts normally end approximately mid-day on Sunday and that participants will not be permitted to leave before then. In the event photographs, slides, interview or video tapes are made, I/we consent to the release of those images for use by the FWC in support of YHPF. In consideration for the right to participate in the YHPF activity, I/we unconditionally release, indemnify and hold harmless: ________________________________(Landowner) Florida Fish and Wildlife Conservation Commission Wildlife Foundation of Florida Youth Hunting Program of Florida As well as any other organization associated with this youth hunt and all their officers, directors, trustees, employees, volunteers, agents, individually and collectively ("released parties") from and against any and all claims, demands, causes of action and damages , including attorneys' fees, for personal injury or loss either at or en route to and/or from the YHPF activity, resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from, the YHPF activity whether or not caused by any release d party's negligence or gross negligence. I/We agree that I/we, my/our heirs, successors and assigns will not make any claim or institute any suit against the released parties. This release is full, final and unconditional, and is given for good and valuable consideration. But for this rele ase, the named child or I would not be allowed to participate in the YHPF activity. This release is intended, and shall be construed, to exclude the released parties from any and all liability. I/we further acknowledge and understand that no warranty, either expressed or implied , is made by YHPF as to the YHPF activity, or of any roads, buildings, gates or other improvements, and that dangerous conditions, risks and hazards do exist, including: poisonous snak es, insects and spiders; blinds and tree stands, whether or not erected by participant(s); erosion and general condition of the land, both on and off roadways or trails, creating rough, hazardous and dangerous driving and walking conditions; animals both wild and domestic that may be diseased and/or pot entially dangerous; deep water; persons with firearms and knives; and the use of vehicles. I/we am/are aware of these conditions and expressly assu me all dangers, risks and hazards. I/We give permission to have emergency first-aid administered in the sole discretion of the Huntmaster and to be transported by the most expedient means of conveyance to the nearest physician, hospital, or clinic and to receive such treatment as medically prescribed by ph ysician(s). I/we acknowledge and understand that this release applies to all my family members serving as YHPF participants and volunteers. As used in this release, the terms I, my person and myself applies regardless of the nature of my involvement with the YHPF, and whether or not I attend any YHPF activity, accompany a minor child, serve as a volunteer, or otherwise, and includes to the maximum extent permitted by law any minor children participating in any YHPF activity. YOUTH Street Address, City, State and Zip Signature Print Name Date PARENT/GUARDIAN Street Address, City, State and Zip Signature Print Name Date I am unable to accompany my child and authorize ______________________________ to serve as the guardian and give them permission to seek and authorize medical treatment in the event of an emergency during the YHPF activity during the weekend of ____________________________. VOLUNTEER Street Address, City, State and Zip Signature Print Name Date Names of other family members that may be assisting you this weekend: Rev. 6/3/2009 16.D.13.b Packet Pg. 1482 Attachment: Liability Risk Release (3575 : Youth Hunt Agreement) FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Hunter Safety and Public Shooting Ranges Section Youth Hunting Program of Florida Marksmanship Certification The responsible pursuit of hunting involves many ethical considerations. A few of these are as follows: • Being familiar with the firearm or bow to facilitate its proper and safe use. • Being confident with the use of the firearm or bow to enable an enjoyable hunt. • Being able to avoid a poorly placed shot and its consequences. In order to further these and other considerations, the following three rules have been established: 1. Each participant (youth hunter) selected for a YHPF youth hunt is required to practice with the firearm or bow, intended to be used on the youth hunt, within 14 days prior to the youth hunt. This practice may be accomplished over a period of days. This will require a minimum of the following: a.) For rifle hunts - 10 rounds of factory load ammunition placed in a target at a range of 100 yards; this completed form and the target should be presented at check-in for the youth hunt. b.) For shotgun hunts - 10 rounds of factory load ammunition at appropriate targets, clays, etc; this completed form should be presented at check-in for the youth hunt. c.) For bow hunts - 10 arrows placed in a archery target at a range of 20 yards; this completed form and the target should be presented at check-in for the youth hunt. Should these not be presented at check-in, the Huntmaster will have the option of excluding the youth hunter from hunting until proficiency has been demonstrated. Note: Should the event require different criteria (such as a shotgun patterned at 30 yards for turkey hunting) please consult with your Huntmaster for the appropriate recommended practices. 2. Upon arrival at the youth hunt, the participant (youth hunter) will be required to demonstrate marksmanship proficiency and knowledge as well as to verify that the firearm or bow is still properly sighted. The Huntmaster may exclude any participant from hunting until this requirement has been accomplished. In the event that the participant's firearm or bow is not properly functioning or appears unsafe, an alternate firearm or bow may be used. 3. A marksmanship shooting activity will be held as soon as practical on each youth hunt. At that time, all participants (youth hunters) will be required to show proficiency and knowledge of their firearm or bow in order to be allowed to hunt. We certify that _____________________________________________________ (youth hunter) did use a _____________________________________________ (firearm or bow) fired at _____________ yards on __________________________________ (date) and did exhibit sufficient skills to be allowed to participate in a wild game youth hunt. Range Coordinator/Witness ______________________________________________________________ Signature Parent/Guardian _________________________________________________________________ Signature Participant (youth hunter) ___________________________________________________________ Signature c:\mydocuments\workfile\yhpf\forms\marksmanship certification Rev. 12/16/05 16.D.13.c Packet Pg. 1483 Attachment: Marksmanship Certification (3575 : Youth Hunt Agreement)