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Agenda 04/13/2010 Item #16E 4 Agenda Item No. 16E4 April 13, 2010 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve a Youth Hunt Agreement with Florida Fish and Wildlife Conservation Commission (FWC) to conduct youth hunts for Collier County residents at Caracara Prairie Preserve. OBJECTIVE: To allow for additional Youth Hunt opportunities for the children of Collier County. CONSIDERATION: At their January 12, 2010, meeting (Agenda Item 10D), the Board of County Commissioners (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. At their February 9, 2010, meeting (Agenda Item 16K4), the Board entered into an agreement with FWC that allows FWC to conduct Youth Hunts for full-time and part-time Collier County residents at Pepper Ranch Preserve. Pepper Ranch Preserve can support a maximum of 12 youth hunters; however, 16 applications were received for the Youth Hunt scheduled for April 16-18, 2010. Authorizing Youth Hunting within Caracara Prairie Preserve would give all 16 applicants the opportunity to hunt during the weekend of April 16-18, 2010 in the event that a second youth hunt during the weekend of April 30 - May 2, 2010 cannot be organized to accommodate the 4 additional hunters. At their March 23,2010 meeting, during Staff and Commission General Communications, the Board directed the County Manager, or his designee, to explore the possibility of including Caracara Prairie Preserve as an additional FWC Youth Hunt location within Collier County. FWC is able to accommodate the additional youth hunters but is requiring a separate Youth Hunt Agreement. The proposed Youth Hunt Agreement is almost identical to the Youth Hunt Agreement that was approved by the Board for Pepper Ranch. The only difference is the name of the preserve. This item is to seek Board approval of the Caracara Prairie Preserve Youth Hunt Agreement. County staff has submitted a Landowner/Hunting Club Application to FWC. (Attached as back-up for informational purposes). By entering into the Youth Hunt Agreement 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 Caracara Prairie 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 Hunting Program of Florida Application; complete the Florida Hunter Safety Program; be accompanied by a parent or guardian; . complete a Youth Hunter Application and Marksmanship Certification. (Attached as back-up for informational purposes); complete the Unconditional Release of Liability Risks form. (Attached as back-up for informational purposes); Agenda Item No. 16E4 April 13, 2010 Page 2 of 11 submit a refundable deposit to secure position once selected for a youth hunt to insure all youth hunting opportunities are utilized. The Agreement and Unconditional Release of Liability Risks form has been reviewed by the County's Risk Management Department and are acceptable. The first Youth Hunt is expected to occur on April 16 -18, 2010. Additional Youth Hunts will be scheduled based on community interest. The Final Management Plan for Caracara Prairie Preserve will be considered by the Board in the near future and will include hunting 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 Attachment 1 to the Youth Hunt Agreement. 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. As stated above, FWC has administered youth hunts where hunting was limited to county residents. Such reSidency requirements are presumptively valid so long as there is a rationale foundation for a distinction between residents and non-residents. To date, no such residency requirement in an FWC youth hunt has been legally challenged. This item has been reviewed and approved by the County Attorney's Office and is legally sufficient- JBW. RECOMMENDATION: That the Board approves, and authorizes the Chairman to sign, a Youth Hunt Agreement to allow FWC to conduct youth hunts for Collier County residents at Caracara Prairie Preserve. PREPARED BY: Melissa Hennig, Principal Environmental Specialist, Conservation Collier Program, Department of Facilities Management Item Number: Item Summary: Meeting Dale: Agenda Item No. 16E4 April 13, 2010 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E4 Recommendation that the Board approve, and authorize the Chairman to sign, a Youth Hunt Agreement in order to allow Florida Fish and Wldli!e Conservation Commission (FWC) to conduct Youth Hunts for Collier County residents at Caracara Prairie Preserve. 4/13/2010 9:00:00 AM Date Approved By Skip Camp, C.F .M. Administrative Services Division Director ~ Facilities Management Facilities Management 3/30/2010 1 :54 PM Date Approved By Jennifer White County Attorney Assistant County Attorney County Attorney 3/30/2010 2:25 PM Date Approved By Len Golden Price Administrative Services Division Administrator ~ Administrative Services Administrative Services Division 3131120105:00 PM Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 4/1/20109:10 AM Date Approved By Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Office of Management & Budget 412/20109:10 AM Approved By Date Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office 416/2010 11 :48 AM STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 16E4 Aprii 13, 2010 Page 4 of 11 YOUTH HUNT AGREEMENT This agreement is made and entered into by and between Boardt County Commissioners of Collier County ofb/o Collier County ("Landowner"), and the Florida Fish and Wildlife Conservation Commission ("Association"). WHEREAS, Landowner and Association have mutual goals of i oducing youngsters to the outdoors, furthering the objectives of Hunter Safety by providing affordable, ryands-on experiences, and providing families the opportunities and privileges associated with hunting. I NOW, THEREFORE, in consideration of the performance of the following conditions, Landowner hereby grants to Association the right to use the premises known as CiU; .eq.m~Pi!s~r\i~ ("Premises") to conduct youth outdoor recreation programs, including sponsorship of sup rvised hunting. This grant is subject to the following conditions, which are expressly agreed to by Association I. Landowner agrees to provide an Association-sponsored on the Premises as described at Attachment A. (YHPF Youth Hunt Announcement Form) 2. Landowner will allow representatives of the Association to enter nto the property to plan, improve and I otherwise make provisions for use under the terms of this Agreement, las long as Landowner is notified in advance of such activities and gives consent. I 3. It is expressly understood by Landowner and the Association that the activities described in Attachment I A are regulated by the Florida Fish and Wildlife Conservation commissIon, and that violations of these laws governing such activities must be brought to the immediate attention of qllldowner and Association for review and action. J 4. Association will make no alterations to buildings nor construct y improvements without first having obtained the consent of the Landowner. Association will not carry away I from the Premises any wood, plants, rocks or other material. Association will promptly report to Landowner ant unauthorized use of the Premises. 5. Association agrees to indemnifY and hold Landowner, its agrnts, employees and representatives harmless against any claims of any character of all persons whomsoever 1hiCh result directly or indirectly from the activities described in Attachment A. All participants involved in acti'fities described at Attachment A must sign a waiver and agree to indemnifY and hold Association and Landtwner, their agents, employees, and representatives harmless against any claims of any character of all pers04 whomsoever which result directly or indirectly from the activities described in Attachment A. I' 6. Landowner, and anyone authorized by Landowner, may enter and use the premises at any time for any I purpose. Landowner agrees not to conflict or interfere with the activires described in Attachment A and Association agrees that its activities will not interfere with Landowner's uSF of the Premises, except as set out in I Agenda Item No. 16E4 April 13, 2010 Attachment A. Landowner agrees to notify Association in advance of any other hunting or 8l!lllt !:irtltivlties taking place on the premises that may present a danger to human life or ealth, or that may affect or interfere with the activities described in Attachment A. 7. This Agreement, together with Attachment A, constitutes the on! agreement between Landowner and the Association, and supersedes any prior understandings or agreements. 0 amendment of this Agreement will be binding unless it is in writing and signed by the Landowner and the As ciation. Either party may terminate this Agreement at any time by written notice delivered to the other at the address set out below. In witness hereof, the undersigned Landowner, and Association, thoUgh its representative, execute this Agreement on the date of the last signature. 620 S. Meridian Street (Address) - Tallahassee. FL 32399-1600 (City, State, Zip) 850-488-3831 (Telephone) , DEPUTY CLERK i i BOARD OF COUNTY cot 'ISSIONERS OF COLLIER COUNTY, FrRIDA By: ! FRED W. COYLE, ctHAIRMAN AITEST: DWIGHT E. BROCK, CLERK Approval jj Jennifer B. . te Assistant County Attorney Agenda Item No. 16E4 April 13, 2010 Page 6 of 11 1. General Categories LANDOWNER RISK ASSESSMENT PLAN - !\Uachment 1 A. Hunting Safety, Compliance, and Policies I. Follow all rules and regulations outlined in the lorida Hunter Safety course. 2. Follow all local, state, and federal game laws. 3. Require blaze/hunter orange for all youth hunte waterfowl, dove and bow hunts. 4. Inform YHPF of any special rules or regulation youth hunters, accompanying adults and volunteers must follow, 5. No alcohol or drugs permitted. Violation will youth hunter and accompanying adult or volun 6. Sign YHPF Youth Hunt Agreement. B. Transportation Safety 1. Automobile liability insurance 2. Vehicle condition - make sure vehicles are in go working condition; an automotive checklist has been included for your convenience. a. Transportation to and from youth hunts ifpr vided by landowner b. Transportation to and from hunt locations if rovided by landowner 3. Current weather and road conditions relayed to untmaster C. , Known Defects or Dangerous Conditions (make aw~re oj) J. Ranch/farm equipment - marked or roped off, wluning signs posted 2. Structures - marked or roped off i a. Blinds J) Prefer ground blinds. j' 2) Check to make sure the blind is structural y sound. 3) Check blinds for wasps & animals. 4) If the blind is a tower blind, brief youth ~I ter and accompanying adult on climbing safety & to be aware of the u1ing line. 5) In a tree stand, a safety belt is required fo all youth hunters. 3. Landowner livestock 1 4, Any wildlife management practices 5. Epizootic/rabies epidemics 6. Firearm equipment inspection D, Reporting/Log 1 J. Arrival/departures of youth hunters and accompkying adults 2. Notify neighboring landowners I knowledge of hunting operations I trespassing i agreement with neighbors if animal wounde1 and wanders onto their property I 3. Land boundaries (description and map ofproper(y) i E. Emergency Preparedness 1. Appropriate emergency phone numbers by pho e - EMS / police / fire department / poison contro / hospital F. Facilities (See Appendix IA) I. Lodging and meals a) Meals provided by landowner - equipment safety and anything associated - Safety Act - see Appendix B for additio 2. Storage Agenda Item No. 16E4 April 13, 2010 Page 7 of 11 Agenda Item, No. 16E4 z Name of Ranch/Hunting Club: Collier County Caracara Prairie Preserve Location of Youth Hunt (Nearby CityfTown and County): Immokalee/Collier County Landowner Contact Information (Name. Address, Street) Melissa Lynn Henning, 3301 Tamiami Trail, Naples Huntmaster(s): Wayne Jenkins State FL Zip 34112 i i Number of youth hunters: I 10. "Participation is limited to full-time and part.time residents of Colli~r County unless hunt is not full" Number of youth hunters landowner will supply: ) \\fill hunters be camping? 10 . 'COLLlER COUNTY YOUTH ONL r' I No Are there cooking facilities availablrl? 0 Yes JlNo If yes, please describe: i ! Will you need equipment and/or supplies from Tallahassee office? 0 Yes . No If yes, ptease describe: Will you need food or help making food arrangements? 0 Yes . No Huntmaster is responsibte for all food arrangements. Additionai comments: County owned property ~ volunteers provided by county Contact: Melissa H. rnelissahenni!l@Colliergov.net (239 252-2957 " per Collie County's request . : ~~~' :" il~:J~l!; Youth Hunting Program of Florida c/o Florida Fish and Wildlife Conservation Co mission 620 South Meridian Street Tallahassee, FL 32399- I 600 (850) 413-0084 (850) 413-7989 (fax) MyFWC.com .t,-mydocumems"workjile'jormS'yhpf Rev. 10/05'05 Agenda Item No. 16E4 April 13, 2010 1m FLORIDA FISH AND WILDLIFE CONSERV AT! N Co Hunting and Game Management Division.-lWnter Sati ty an LANDOWNERlHUNTING CLUB AP IC CONTACT INFORMATION County Co 1\j c. tf there is no todging or cooking facilities available, can we camp at the site? ...DiYes D No Are there cooking facilities availablr' DYes )8(.No (fyes. please describe: ! i Please check the hunts you would b9 interested in hosting? D Deer D Turkey )S Ho~ D Dove D Small Game D Other L Is there lodging available? D Yes .M: No If yes, please describe: After we rece~your application, We wiU contact ~outo review th~ In the meantime, . vou have additional uestions, Ie Youth Hunting Program of Florida clo F]orida Fish and Wildlife Conservation COlT\lllission 620 South Meridian Street I Tallahassee, FL 32399-1600 I (850) 4]3-0084 (850) 413-7989 (fax) 'I' MyFWC.com I , c:'.mydiICU",entlJ\wur/ifile:r(J,.m'iyhpfiandow~,.-hunlillgcluh application Re:v. }0I05/05 E 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 CoordinatorlWitness Parent/Guardian Signature Signature Participant (youth hunter) Signature c: lmydocumenrslwor~fileiyhpjlformslmarksmanship cerliflcation ReI'. /2/16105 ~j!jO~8 F . o . , I1We 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, I/we consent to the release of those images for use by the FWC in support ofYHPF. In consideration for the right to participate in the YHPF activity, I1we 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 andlor 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. I1We 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 Darties from anv and allliahilitv. 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. l/we am/are aware of these conditions and expressly assume all dangers, risks and hazards. IIWe 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). <r--. lIwe acknowledge and understand that this release applies to all my family members serving as YHPF participants and volunteers. As used in this e1ease, the terms 1, my person and myself applies regardless of the nature of my involvement with the YHPF, and whether or not J 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 I I PARENT/GUARDIAN I I Si 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; CitV, Siate iuid Zi I I ,cD c;Si 1-- Names of other family members that may be assisting you this weekend: I Rev. 6/3/2009