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Agenda 06/25/2019 Item #16D10 (MOA w/FWC-Youth Hunt Program at Pepper Ranch Preserve)06/25/2019 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign a Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission to allow youth hunts for Collier County residents at Pepper Ranch Preserve in January and February 2020. OBJECTIVE: To facilitate the Florida Fish and Wildlife Conservation Commission (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 work with FWC to coordinate a youth hunt program (Youth Hunt or Program) for Collier County residents at Pepper Ranch Preserve. Since then, the Board has annually approved a Youth Hunt 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: January 17-19, 2020 (hog hunt) and February 28 - March 1, 2020 (turkey hunt). By entering into this 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 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 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 ensure all youth hunting opportunities are utilized. The Memorandum of Agreement and Unconditional Release of Liability Risks forms 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 January 8, 2019, Agenda Item #16D4, 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 up the hunt to residents of other counties. Staff recommends that the Board Chairman sign the Youth Hunt Memorandum of Agreement prior to the FWC signature because it is FWC policy to sign all Youth Hunt Memorandums of Agreement after the Landowner has signed. FISCAL IMPACT: There is no Fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. 16.D.10 Packet Pg. 1987 06/25/2019 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 authorize the Chairman to sign a Memorandum of Agreement with the FWC to allow youth hunts for Collier County residents at Pepper Ranch Preserve in January and February 2020. Prepared By: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. Youth Hunt MOA (PDF) 2. Marksmanship Certification (PDF) 3. Unconditional Release of Liability Risk (PDF) 16.D.10 Packet Pg. 1988 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.10 Doc ID: 9149 Item Summary: Recommendation to authorize the Chairman to sign a Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission to allow youth hunts for Collier County residents at Pepper Ranch Preserve in January and February 2020. Meeting Date: 06/25/2019 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 06/03/2019 9:19 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 06/03/2019 9:19 AM Approved By: Review: Parks & Recreation Matthew Catoe Additional Reviewer Skipped 06/03/2019 9:20 AM Parks & Recreation Barry Williams Additional Reviewer Completed 06/04/2019 4:48 PM Risk Management Jeff Walker Additional Reviewer Completed 06/05/2019 7:48 AM Public Services Department Joshua Hammond Level 1 Reviewer Completed 06/05/2019 10:25 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/05/2019 11:26 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/05/2019 1:35 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2019 10:21 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2019 9:57 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2019 7:27 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/14/2019 8:09 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/17/2019 11:21 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 16.D.10 Packet Pg. 1989 FWC Youth Hunt Agreement No, FWC 18278 MEMORANDUM OF AGREEMENT BETWEEN FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY o/b/o COLLIER COUNTY FWC YOUTH HUNT AGREEMENT No. FWC 18278 This MEMORANDUM OF 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 BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY o/b/o COLLIER COUNTY , whose address is 3299 Tamiami Trail, East, Naples, FL 34112, FL 34112 is hereafter "LANDOWNER", collectively, "Parties". NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations hereafter set forth, agree as follows: 1.TERM: The term of this Memorandum of Agreement shall begin upon execution of this Agreement and remain in effect until the last scheduled hunt, listed below, is completed and the COMMISSION no longer has access to the Premises as specified in Section 5 of this Agreement, entitled ACCESS. However, the COMMISSION is only leasing the Premises on the dates the COMMISSION has access to the Premises, as specified in Section 5 of this Agreement. The dates of the scheduled hunt(s) are as follows: Hunt 1: Hog Hunt 2: Turkey Dates: 1/17/2020 Thru 1/19/2020 Dates: 2/28/2020 Thru 3il/2020 In the event of inclement weather or other unforeseen circumstance, the Parties will agree on a mutually acceptable date for rescheduling a hunt. The terms of this Agreement shall extend to the rescheduled date without need for further amendment and will terminate upon completion of the date of the last rescheduled hunt. 2.ACREAGE: The land subject to this Agreement, generally known as (Pepper Ranch Preserve) is approximately 2500 acres in Collier County, Florida, as more particularly outlined on the attached map which is hereby incorporated (the "Premises"). 3.PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations for the use by the COMMISSION of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in the attached Youth Hunting Program of Florida Youth Hunt Announcement Form(s) ("Forms") which are hereby incorporated - 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 the attached Forms shall be for the management of wildlife and/or aquatic life as outlined in the attached Forms, MOA-Youth Hunt (LANDOWNER) Page 1 of 5 FY 2019/2020 �! �! 16.D.10.a Packet Pg. 1990 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 1991 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 1992 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 1993 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) FWC Youth Hunt Agreement No. FWC 18278 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 Morgan Richardson, Director ( or designee) Division of Hunting and Grune Management Date ATTEST: CRYSTAL K. KINZEL, CLERK By: ________ _ Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Attachments: Youth Hunt Announcement Exhibit B Map MOA·Youth Hunt (LANDOWNER) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Willirun L. McDaniel, Jr., Chairman Date: ------- Page 5 of 5 FY 2019/2020 © 16.D.10.a Packet Pg. 1994 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 1995 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 1996 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 1997 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 1998 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 1999 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 2000 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 2001 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 2002 Attachment: Youth Hunt MOA (9149 : 2020 Youth Hunt Agreement) 16.D.10.a Packet Pg. 2003 Attachment: Youth Hunt MOA (9149 : 2020 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 Rev. 5/8/15 16.D.10.b Packet Pg. 2004 Attachment: Marksmanship Certification (9149 : 2020 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 NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE LANDOWNER, FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC), ITS STAFF, VOLUNTEERS AND PARTNERS USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE LANDOWNER, FWC, ITS STAFF, VOLUNTEERS AND PARTNERS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE LANDOWNER, FWC, ITS STAFF, VOLUNTEERS AND PARTNERS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. 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, I/we consent to the release of those images for use by the FWC in support of YHPF. 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: venomous 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 have read and acknowledge the first paragraph 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, PARENT/GUARDIAN Youth Name Signature Parent Name Signature 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 Name Signature Rev. 4/26/2016 16.D.10.c Packet Pg. 2005 Attachment: Unconditional Release of Liability Risk (9149 : 2020 Youth Hunt Agreement)