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Agenda 06/12/2018 Item #16D1306/12/2018 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign a Memorandum of Agreement (MOA) with the Florida Fish and Wildlife Conservation Commission (FWC) to allow youth hunts for Collier County residents at Pepper Ranch Preserve in November 2018, January 2019, and February 2019. 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 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 MOA for youth hunts on the following dates: November 16-18, 2018 (deer hunt), January 18-20, 2019 (hog hunt) and February 22-24, 2019 (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 history background 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 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 MOA 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. Staff is recommending that the Board Chairman sign the Youth Hunt MOA prior to FWC because it is FWC policy to sign all Youth Hunt MOA’s after the Landowner has signed. FISCAL IMPACT: There is no Fiscal impact. 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 16.D.13 Packet Pg. 1413 06/12/2018 RECOMMENDATION: To authorize the Chairman to sign an MOA to allow Youth Hunts for Collier County residents at Pepper Ranch Preserve in November 2018, January 2019, and February 2019. Prepared By: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. YouthHuntMOA_2018-2019_CAO (PDF) 2. Marksmanship Certification_Fillable_ (PDF) 3. Unconditional Release of Liability Risk_Fillable_ (PDF) 16.D.13 Packet Pg. 1414 06/12/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.13 Doc ID: 5725 Item Summary: Recommendation to authorize the Chairman to sign a Memorandum of Agreement (MOA) with the Florida Fish and Wildlife Conservation Commission (FWC) to allow youth hunts for Collier County residents at Pepper Ranch Preserve in November 2018, January 2019, and February 2019. Meeting Date: 06/12/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 05/21/2018 7:57 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 05/21/2018 7:57 AM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 05/21/2018 8:29 AM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 05/21/2018 3:02 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 05/22/2018 10:16 AM Parks & Recreation Barry Williams Additional Reviewer Completed 05/22/2018 4:23 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 05/23/2018 9:52 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/23/2018 10:25 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/24/2018 4:32 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/25/2018 8:25 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/25/2018 1:44 PM Budget and Management Office Ed Finn Additional Reviewer Completed 05/25/2018 3:10 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/03/2018 8:48 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM 16.D.13 Packet Pg. 1415 16.D.13.a Packet Pg. 1416 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1417 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1418 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1419 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1420 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1421 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1422 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1423 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1424 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1425 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1426 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1427 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1428 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1429 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC Youth Hunt Agreement) 16.D.13.a Packet Pg. 1430 Attachment: YouthHuntMOA_2018-2019_CAO (5725 : FWC 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.13.b Packet Pg. 1431 Attachment: Marksmanship Certification_Fillable_ (5725 : FWC 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.13.c Packet Pg. 1432 Attachment: Unconditional Release of Liability Risk_Fillable_ (5725 : FWC Youth Hunt Agreement)