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Agenda 10/23/2012 Item #16D 7 10/23/2012 Item 16.D.7. EXECUTIVE SUMMARY Recommendation to approve the Chairman to sign, three Memorandums of Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) in order to allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in November 2012, January 2013,and February 2013. OBJECTIVE: To facilitate FWC sponsored youth hunts at Pepper Ranch Preserve. CONSIDERATIONS: At its January 12, 2010 meeting, Agenda Item 10D, the Board directed the County Attorney and County Manager to work with FWC to coordinate a youth hunt program (Youth Hunt or Program) for Collier County residents at Pepper Ranch Preserve. This item is to seek Board approval of three Youth Hunt Memorandums of Agreement. By entering into these agreements with FWC, the Board will become a volunteer landowner with the Program, 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, 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 and submit the Youth Huntinc Program of Florida Application. (Attached as back-up for informational purposes); • complete the Florida Hunter Safety Program; • 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 selected for a youth hunt to insure all youth hunting opportunities are utilized. The Memorandums of Agreement and Unconditional Release of Liability Risks form have been reviewed by the County's Risk Management Department 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. Such residency guidelines are referenced in Exhibit A of the Youth Hunt Memorandums of Agreement. Packet Page-1647- 10/23/2012 Item 16.D.7. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: The Agreement was derived from the FWC standard form agreement. This item has been reviewed and approved by the County Attorney's Office and is legally sufficient. This item requires a majority vote. -JW RECOMMENDATION: That the Board approves and authorizes the Chairman to sign three Memorandums of Agreement in order to allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in November 2012,January 2013, and February 2013. Prepared by: Melissa Hennig, Senior Environmental Specialist,Parks and Recreation Department Packet Page -1648- 10/23/2012 Item 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7. Item Summary: Recommendation to approve the Chairman to sign, three Memorandums of Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) in order to allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in November 2012,January 2013, and February 2013. Meeting Date: 10/23/2012 Prepared By Name: BetancurNatali Title: Executive Secretary,Transportation Engineering&C 10/3/2012 1:46:37 PM Submitted by Title: Environmental Specialist,Principal,Facilities Management Name: HennigMelissa 10/3/2012 1:46:39 PM Approved By Name: HennigMelissa Title: Environmental Specialist,Principal,Facilities Management Date: 10/3/2012 3:25:29 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 10/3/2012 3:54:28 PM Name: SuleckiAlexandra Title: Environmental Specialist, Senior,Facilities Manage Date: 10/3/2012 4:49:05 PM Name: WilliamsBarry Title: Director-Parks &Recreation,Parks&Recreation Date: 10/4/2012 5:04:59 PM Packet Page -1649- 10/23/2012 Item 16.D.7. Name: WalkerJeff Title: Director-Risk Management,Risk Management Date: 10/5/2012 11:12:30 AM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 10/8/2012 1:52:39 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 10/9/2012 3:52:02 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/10/2012 10:31:52 AM Name: KlatzkowJeff Title: County Attorney Date: 10/11/2012 4:54:52 PM Name: OchsLeo Title: County Manager Date: 10/13/2012 1:06:30 PM Packet Page -1650- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. MEMORANDUM OF AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION THIS AGREEMENT(AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter"COMMISSION," and Collier County whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter"LANDOWNER." NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1. TERM: This Agreement shall begin January 11, 2012, and shall remain in effect for three days as outlined in Exhibit A—Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly outlined on the map provided in Exhibit B attached hereto (the "Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations upon the establishment of and the uses of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in Exhibit A—Youth Hunting Program of Florida Youth Hunt Announcement Form —by the COMMISSION to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission-sponsored youth hunting activity as described in Exhibit A shall be for the management of wildlife and/or aquatic life as outlined in Exhibit A, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the public. The use of the Premises for a youth hunt, except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre-determined youth hunters as outlined in Exhibit A. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in Exhibit A. 5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION shall have free and full access to the Premises during the term for the purpose of administering youth training programs, and the LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. Pane 1 of 4 Packet Page -1651- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. 6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission-sponsored youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LANDOWNER. COMMISSION agrees to provide a written notice of FS 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post a written notice of FS Avow 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. (Exhibit C) LANDOWNER agrees to not receive any compensation for the activity outlined in Exhibit A above the reimbursement of reasonable costs or expenses associated with the execution of this agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNERS rights under FS 375.251. 9. TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Board of County Commissioners Diane Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3299 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399-1600 Page 2 of 4 Packet Page -1652- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with this Agreement. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Pena 1 of d Packet Page -1653- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be "" " executed through their duly authorized signatories on the day and year last written below. Florida Fish and Wildlife Conservation Commission Witness Diane Roth Eggeman, Director Division of Hunting and Game Management Witness LANDOWNER ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk Fred W. Coyle, CHAIRMAN Approved as to form and legal sufficiency: Jeff E. Wright Assistant County Attorney Paae 4 of 4 Packet Page -1654- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. MEMORANDUM OF AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION THIS AGREEMENT(AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter"COMMISSION," and Collier County whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter"LANDOWNER." NOW THEREFORE,the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1. TERM: This Agreement shall begin November 9, 2012, and shall remain in effect for three days as outlined in Exhibit A—Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly outlined on the map provided in Exhibit B attached hereto (the "Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations upon the establishment of and the uses of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in Exhibit A—Youth Hunting Program of Florida Youth Hunt Announcement Form —by the COMMISSION to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission-sponsored youth hunting activity as described in Exhibit A shall be for the management of wildlife and/or aquatic life as outlined in Exhibit A, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the public. The use of the Premises for a youth hunt, except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre-determined youth hunters as outlined in Exhibit A. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in Exhibit A. 5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION shall have free and full access to the Premises during the term for the purpose of administering youth training programs, and the LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. Pane 1 of 4 Packet Page -1655- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. 6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission-sponsored youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LANDOWNER. COMMISSION agrees to provide a written notice of FS 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post a written notice of FS 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. (Exhibit C) LANDOWNER agrees to not receive any compensation for the activity outlined in Exhibit A above the reimbursement of reasonable costs or expenses associated with the execution of this agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNERS rights under FS 375.251. 9. TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Board of County Commissioners Diane Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3299 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399-1600 Paae 2 of 4 Packet Page -1656- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with this Agreement. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Page 3 of 4 Packet Page-1657- 10/23/2012 Item 16.01. FWC Youth Hunt Agreement No. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Florida Fish and Wildlife Conservation Commission Witness Diane Roth Eggeman, Director Division of Hunting and Game Management Witness LANDOWNER ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA owitk By: ,Deputy Clerk Fred W. Coyle, CHAIRMAN Approved as to form and legal sufficiency: Jeff E. Wright Assistant County Attorney Pane 4 of 4 Packet Page-1658- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No.. MEMORANDUM OF AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION THIS AGREEMENT (AGREEMENT) is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter"COMMISSION," and Collier County whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter"LANDOWNER." NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1. TERM: This Agreement shall begin February 22, 2012, and shall remain in effect for three days as outlined in Exhibit A—Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve, is approximately 3,000 acres in Collier County, Florida, as more particularly outlined on the map provided in Exhibit B attached hereto (the "Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations upon the establishment of and the uses of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in Exhibit A—Youth Hunting Program of Florida Youth Hunt Announcement Form —by the COMMISSION to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission-sponsored youth hunting activity as described in Exhibit A shall be for the management of wildlife and/or aquatic life as outlined in Exhibit A, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the public. The use of the Premises for a youth hunt, except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre-determined youth hunters as outlined in Exhibit A. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in Exhibit A. 5. ACCESS: Subject to the terms and conditions of this Agreement, the COMMISSION shall have free and full access to the Premises during the term for the purpose of administering youth training programs, and the LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Fla. Stat. § 375.251. Pane 1 of 4 Packet Page-1659- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. 6 STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or treestands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission-sponsored youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation of that the COMMISSION may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in s. 375.251, F.S., or any other law providing limitations on claims against the LANDOWNER. COMMISSION agrees to provide a written notice of FS 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post a written notice of FS 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. (Exhibit C) LANDOWNER agrees to not receive any compensation for the activity outlined in Exhibit A above the reimbursement of reasonable costs or expenses associated with the execution of this agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under FS 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNERS rights under FS 375.251. 9. TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Board of County Commissioners Diane Eggeman of Collier County Florida Fish and Wildlife Conservation Commission 3299 Tamiami Trail, East 620 South Meridian Street Naples, FL 34112 Tallahassee, FL 32399-1600 Pane 2 of 4 Packet Page -1660- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. 11. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with this Agreement. 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 16. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19. ENTIRE AGREEMENT: This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Page 3 of 4 Packet Page -1661- 10/23/2012 Item 16.D.7. FWC Youth Hunt Agreement No. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be "'I'"'r' executed through their duly authorized signatories on the day and year last written below. Florida Fish and Wildlife Conservation Commission Witness Diane Roth Eggeman, Director Division of Hunting and Game Management Witness LANDOWNER ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk Fred W. Coyle, CHAIRMAN Approved as to form and legal sufficiency: I , Jeff E. Wright Assistant County Attorney Asok Pane 4 of 4 Packet Page-1662- FLO.�MJSRAND L LIFEcoNSERV lON 10/23/2012 Item 16.D.7. Safe ty ann Puhhc Shooting Wines Section 1 °`1IILLIII141T# P SI77 fl� IIi� UNCO JTI 1AL L. OF JABIL.1 R1S S 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 entire 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,Uwe 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,Uwe 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 released party's negligence or gross negligence.1/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 release,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 snakes,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 potentially dangerous; deep water;persons with firearms and knives;and the use of vehicles. I/we am/are aware of these conditions and expressly assume 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 physician(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,Chit'. tateand Zip ; Signature;.;. Past Name. Date PARENT/GUARDIAN vSet Adrlresss Griyq: teun map_... Signature: P t'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, tate and.Zip Signature 3 Print Name .. ,Date Names of other family members that may be assisting you this weekend: Packet Page -1663- Rev.6/3/2009 10/23/2012 Item 16.D.7. YOUTH-H.U.N-TING FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION �,. s"""v h,� A Hunter Safety and Public Shooting Ranges Section Youth Hunting Program of Florida:. Z ' o Marksmanship Certification g'QTtoN o"` 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:l mvdocumentslworkfilelvhpJ Jformslmarksmanship certification Rev.12/16/^' Packet Page-1664- 1 , . , . .. , . AND ,,,_,. _,... 10/23/2012 Item 16.D.7. YIMI,HUNTING ' : ''''r4Q1RIPAY‘,.#' l -W014fgg9,1slaPKYOPg9 1'41 '...!...'- '.-...----•.-- _ ., „,',,.. ,,,, .-1§74.f"..ty.and,Piiijiia,$)idcifi,ntilaliiii6i4qe,c.iits ::','':)z''''' Jim" .' :,) ';'''''01'.;-.4,;''',,';;?,'tt,.'.';: ',i<''.:i',;,,,':,I;'„.,,,„;':':':',1',,,k',Ye'ijtliiiul'iiiiikPiaifa :ijal &$;,.-!.-, 011.,-,1,4„!:0:::4:'-' :, i,-,,,-;;-, :, •:',41,,, ,,' .‘-,=:., ,,,,,'.-;:;''''-',a,s4" .,:,„,i,-'i, ''.-•-',-;,',1:4,1';'-",t-47:--'",',&., ' - :,,,,,,I,'•,,,:,.',''''::41,7,',',".,,..qt' '-7 --,-,-.:"',. -‘:\ V r,,,,jiot,r, r-t-, YOUTH HUI+ITEIR.',INFORMAIIION- Last First Middle Name Street Date of B trth Address City State Zip County , . . . -:-HlintterSiifeyi, ,.,.-,,„,fir,:,,,,,-,,,..- Date Completed: Certification Number: Information ton .-,- •-:. ::.0 -!- ''',::`-;;::!;14';`,,t ;a7-' -','14''11tUNTINFORIVIATION:-.Sf., Does the youth have any previous experience in * - -,k, -e,§',-,::- Have they harvested game? hunting? If yes,about how many times? Nol-,18 If yes,please list: ':,*ii ..., .,.......- ,,, ,..., , „„,,, , What type of game is the youth interested in 'Deeri-', ',A1,,,'' 4--‘;`--'" ..---TufkaY$;'1 i,', - Watedoivl hunting? (You may check more than one) ii,t4g.:-.-:::V4:-;:!:,,--.1:::: sTn4.11,0:,,,,, ,!,.......:(..:::.:-..,:::' What kind of hunting is the youth interested in? (You may check more than one) ',--.'. :.--- ,,1.??, ::''',",. - ' - '-','..,,,' ; ',•,''."':::.,'-',',' '' How many miles are you willing to travel to attend a youth hunt? Last First Middle 1ST,aitte7", Street Relationship to Youth Hunter (1f4iffirOlt,'!, cI.tY ty State Zip County g-maillddiess.". ' Days '.-." .'''.---',-,.,,,,,"'' Evening :.,,-- -', :!, '",',-,- : '', - -.` -;-4- -'-- ell ) ( ) ( ) ,D0-yeitilivo,:a4iinintingvmetio07.',, ,v,....,.:',0'.,0-,0,,,,,,-,2-,i'-,i`-`',f'kV:. '41,t",'.g,-:,;:mt.,;:-,-.' -,,,-.-,'---.,,, t '-,,,-- 'Aids-'3 No-:'- Please describe your hunting experiences and/or other qualifications: Ilaile4(6iiiiterparticififitediri4..:)Aitittlinlitlactiviy? „,,-,,',;.::.C,',:':,--;' -,?,.. ...',, ,--,---'.'-.','.,•: ..',-,, ,,-,',--_ -Yes-:, Summarize: -TlaVi,yinre*ii been convicted vli.lelony(ii:,,giiiie4aWiTiolatiOn,Or4itrinestblise)?'-'1:-"'''' -'',,..,, I:Yes: Na If yes,please explain: Have you'everbeenlinnvicted iffiii3i:'eharges thitirevenfoix Trani ilandlinglimaring? 'r,' '''''' , I Yes No If yes,please explain: Florida Fish and Wildlife Conservation Commission To:1*:pi# ;// 4r1p4iiiits-t-to,,,r-O#yeo,,.0ti0".1!uOtini- ...,,4; Hunter Safety and Public Shooting Ranges Section 6)tforintttio,"-Iii42k4e,a41.eieierO.',iriiithis--.2”, .:','?;As'','.,, 620 South Meridian Street,Tallahassee FL 32399-1600 -.itr-,--eggiriffiCifir :,...,-i„C`:2/,''-.':f'' ,,',9i,f,'-.--..:::: (850)413-0084/0085(850)413-7989(fax) , „, ..i..,,,,,,..yy..!?,:'-..:',„,,t,,, :i.,,,,,,,-,,,,4?,„Va`.';',,,k:':',4- .,'•:,'";'„'5;;;<, ,..;,-.'":•.t•' '' ' '::":',1:' • -' MyFWC.com Packet Page -1665- Rev.6/3/2009