Agenda 02/25/2020 Item #16D 7 (ClamPass Park Public Outreach Collaboration w/Audubon of Western Everglades)02/25/2020
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an Agreement with Audubon
Florida and Audubon of the Western Everglades, two not-for-profit organizations to provide
collaborative coastal habitat and wildlife conservation and public outreach at Clam Pass Park.
OBJECTIVE: To allow Audubon not-for-profit organizations to conduct bird conservation and
education at County parks.
CONSIDERATIONS: The Audubon Florida and Audubon of the Western Everglades are two (2)
Florida not-for-profit environmental organizations committed to protecting Southwest Florida’s
environment specifically including shorebirds and other migratory birds visiting the area.
A large shorebird population has been located on the northern portion of Clam Pass Park nearest the pass.
These shorebirds include black skimmers, terns, and plovers. This shorebird population primarily comes
to the beach park from October through April each year.
The Audubon organizations have requested the opportunity to work with Collier County Parks and
Recreation to develop a program to observe protected species at the park, post informational signs about
the shorebird population, and provide visitor education to beachgoers and boaters. In addition, this
collaborative effort with the Parks Division will help support the conservation of the habitat and wildlife
at this unique beach park.
The initial term of the agreement will be for five (5) years with an option to extend the agreement for an
additional one (1) term of five (5) years.
FISCAL IMPACT: There is no Fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
action.
LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote
for approval. -CMG
RECOMMENDATION: To authorize the Chairman to sign an agreement with Audubon Florida and
Audubon of the Western Everglades to provide collaborative coastal habitat and wildlife conservation and
public outreach on County beaches.
Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division
ATTACHMENT(S)
1. Agreement Between Collier County and Audubon Florida and Audubon Western Everglades
(PDF)
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02/25/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7
Doc ID: 11509
Item Summary: Recommendation to approve and authorize the Chairman to sign an Agreement
with Audubon Florida and Audubon of the Western Everglades, two not -for-profit organizations to
provide collaborative coastal habitat and wildlife conservation and public outreach at Clam Pass Park.
Meeting Date: 02/25/2020
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
01/29/2020 9:34 AM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
01/29/2020 9:34 AM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 01/30/2020 10:38 AM
Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 02/11/2020 11:45 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 02/12/2020 9:06 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 02/12/2020 2:17 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/14/2020 7:26 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/14/2020 4:47 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/14/2020 4:56 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 02/14/2020 6:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/18/2020 8:40 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 02/18/2020 9:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM
16.D.7
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AGREEMENT BETWEEN
COLLIER COTINTY ANI)
AUDUBON FLORIDA and AUDUBON OF TIIE WESTERN EVERGLADES
THIS AGREEMENT is made and entered into this _ day of_, 2020, by the
Board of Cor:nty Commissioners of Collier County, Florida ("COUN'I'Y"), Audubon Florida and
Audubon of the Westem Everglades, which are Florida not for profit corporations ("AUDUBON
ORGANIZATIONS).
WITNESSETH:
WHEREAS, the Collier County Board of County Commissioners, on behalf of the Parks
and Recreation Division, seeks to enter into an Agreement with tJre Audubon organizations to
allow them to provide collaborative coastal habitat and wildlife conservation and public outreach
on COUNTY beaches; and
WHEREAS, Audubon Florida and Audubon of the Western Everglades are two Florida
not-for-profit environmental organiztions committed to protecting Southwest Florida's
environment specifically including shorebirds and other migratory birds visiting this area; and
WIIEREAS, the Audubon organizations have requested the oppodunity to observe
protected species at Clam Pass Park. post signs, provide visitor education to beachgoers and
boaters, and collaborate with the County on conservation of the habitat and wildlife on Collier
beaches; and
V/HEREAS, the County and the Audubon organizations wish to enter into this
Agrcement to allow the Audubon organizations to conduct its bird conservation and education at
County parks, including specifically Clam Pass Beach Park; and
NOW -I'HEREFORE, in consideration of these premises, and other good and valuable
consideration, the receipt and sufliciency of which is hereby mutually acknowledged, it is agreed
by and between the parties as follows:
l. Ail of the abolr recitals are true and correct and he.reby expressly incorporated
herein by reference as if set forth fully below and made a part ofthis Agreement.
2. As set forth below, the couNTy will allow the Audubon organizations to conduct
their bird conservalion and educalion programs at couNTy parks without charge.
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Packet Pg. 2083 Attachment: Agreement Between Collier County and Audubon Florida and Audubon Western Everglades (11509 : Agreement Audubon Florida
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4.
5.
The Audubon organizations may set up small shade structutes on the beach or on
park grounds to limit sun exposure to their volunteers and program participants.
The Audubon organizations agree to require background checks consistent with
COUNTY employee background standards for its volunteers and provide
documentation to the Parks and Recreation Division conlirming that said
background checks have been conducted for each volunteer interacting with the
public.
The COUNTY agrees to collaborate with the Audubon organizations on efforts to
protect beach habitats and wildlife, as well as public education, as resources allow.
The COLJNTY agrees to allow the Audubon organizations to place educational
signs at the beach park facility in a location to be determined by the Parks and
Recreation Division in consultation with the Audubon organizations' biologists and
its own expert staff.
The COUNTY agrees to allou' the Audubon organizations to distributc its
brochures at the COUNTY beach park facility. The brochures may be developed
and funded in full by the Audubon organizations or in collaboration with the
COUNTY.
The COUNTY agrees to work with the Audubon organizations to install or create
protective barriers between mernbers of the public and the protected shore birds
which may also help attract public attention ro County and Audubon-provided
wildlife viewing interpretation, and engagement in community science activities
such as band reading. Said barriers are subject to approval by ihe Director of parks
7,
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Packet Pg. 2084 Attachment: Agreement Between Collier County and Audubon Florida and Audubon Western Everglades (11509 : Agreement Audubon Florida
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and Recreation or his or her designee. Said barriers shall not prevent the public's
enjoyment of the beach.
To promote scheduling thc availability of the COUNTY beach park facility, the
Audubon organizations shall provide the Director ofParks and Recreation or his or
her designee with an annual schedule ofthe programs it proposes to conduct at the
County beach park f'acility on or before October 1" lbr each calendar year (or one
week prior to its first scheduled program) whichever is earlier.
The Audubon organizations shall provide adequate personnel and/or volunteers to
supervise its sponsored programs held at the COUNTY beach park facility. Upon
request, evidence of the comple.tion of th.is requirement shall be provided to the
COUNTY.
The Audubon organizations shall not be allowed to aiter or modily the County Park
Facilities, in any fashion, w.ithout the prior express written consent of the Director
of Parks and Recreation or his or her designee.
The Audubon organizations shall not display signs, baruters or posters on thc
Counfy Park Facilities without the prior written approval by the Director of Parks
and Recreation or his or her designee. Any such authoriztion shall expressly
include that the display of any signs, banners or posters is subject to, and shall be
in confbrmity with, any applicable County codes.
In the event of a conJlict between COUNTY and the Audubon organizations a-s to
the availability of the County Park Facilities, COUNTY park programs shall take
priodty. The COUNTY will notif the Audubon organizations 30 days in advance
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Packet Pg. 2085 Attachment: Agreement Between Collier County and Audubon Florida and Audubon Western Everglades (11509 : Agreement Audubon Florida
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of any scheduled programs that may conJlict with its use of the County Park
Facilities.
Any licensing, permitting, or other fees flor any Audubon-sponsored activities,
events, and./or the pro$ams shall be paid by the Audubon organizations unless
conducted as joint programs wilh the county.
Prognm participants are required to pay any applicable COtrt\,lTY beach park
facility fees including parking fces.
The Audubon organizations shall maintain general liability insurance in the
minimum of one million dollars ($1,000,000.00) per occurrence. The Board of
County Commissioners of Collier County, Florida, shall be listed as an Additional
Insured on the comprehensive general liability policy. A Certificate of Insurance
shall be presented to the COUNTY prior to the commencement of this Agreement.
Current, valid insurance policies meeting the aforementioned requirement shall be
maintained by the Audubon organizations for the duration of this Agreement.
Renewal certificates shall be sent to the COUNTY thirty (30) days prior to any
expiration date.
Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage
must include Employers' Liability with a minimum limit of $100,000 for each
accident,
.fo the maximum extent permitted by Florida law, the Audubon organizations
agree to release from liabilig, indemnify and hold harmless the COUNTy, its
oIficers, agents and employees from any all claims, Iiabilities, damages. losses and
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Packet Pg. 2086 Attachment: Agreement Between Collier County and Audubon Florida and Audubon Western Everglades (11509 : Agreement Audubon Florida
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costs, including but not limitcd to, reasonable attorneys' fees and paralegals' fees,
brought by or on behalf of the Audubon organizations, or by any other person or
legal entity, resulting from the Audubon organizations' use of the COUNTY's
property or premises under this Agreement. This indemnification obligation shall
not be construed to negate. abridge or reduce any other rights or remedies that
otherwise may be available to an indemnified party or person described in this
paragraph.
Audubon Florida and Audubon ofthe Westem Everglades further agrce to protect,
defend, indemnifu, and hold the COUNTY, its ofiicers, employees, and agents fiee
and harmless from all charges, professional fees or other expenses or liabilities of
every kind and character in connection with or arising directly or indirectly under
this Agreement and such obligation shall not be limited in any way by the
Audubon organizations' limit ofor lack of suffrcicnt insurance protection.
Either party may terminate this agreement without cause by providing written
notice thirty (30) days in advancc of termination. Any alterations or modifications
to the County Park Facilities made by the Audubon organizations may be required
by COTINTY to be removed by them at their cost prior to termination.
This initial term of this agreement wiil be for five (5) years. The Parties may
extend the Agreement under all ofthe same terms and conditions contained in this
Agreement for one (1) additional term of five (5) years. Terms of this agreement
will be negotiable after ten (10) years.
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Packet Pg. 2087 Attachment: Agreement Between Collier County and Audubon Florida and Audubon Western Everglades (11509 : Agreement Audubon Florida
IN WTfl\tESS WHEREOF, the parries hereto have caused this Agrcemeld to be
executed by their appropriate officials, as ofthe datc first above written.
AS TO TIIE COUNTY:
AfiFJT:BOARD OF COIJNTY COMMISSIONERS
CRYSTAL K. KNZEL, CLERK COLLIER COIJNTY, FLORIDA
By:By:
, Deputy Clerk
Approved as to form and legality:
Burt L. Sar:nders, Chaiman
Colleen M. Grcene
Managhg Assistaat County Attomcy
AUDT]BON FLORIDA
By:
Print
AUDUBON OF THE WESTERN EVERGLADES
Title: P, ti';
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Packet Pg. 2088 Attachment: Agreement Between Collier County and Audubon Florida and Audubon Western Everglades (11509 : Agreement Audubon Florida