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HomeMy WebLinkAbout2023-214AINDIAN RIVER COUNTY ADOPT -A -PARK LITTER REMOVAL AGREEMENT THIS AGREEMENT, made and entered into this I day of September , 2021 to expire on the 1 day of September , 20 24by and between the Indian River County Board of County Commissioners ("COUNTY") and Treasure Coast Disc Golf Club WITNESS THAT: ("GROUP") WHEREAS, Kiwanis Hobart Park is one of the Indian River County Parks and Recreation Division's Parks or Conservation Areas; and WHEREAS, the COUNTY has responsibility for operation and maintenance of the County Parks and Conservation Areas; and WHEREAS, the COUNTY has encouraged the implementation of an "Adopt -A -Park" program for the participation of local organizations in specific litter removal projects; and WHEREAS, the Group is desirous of adopting Kiwanis Hobart Park Conservation Area) for the purpose of litter removal; NOW THEREFORE, the parties agree as follows: THE GROUP SHALL: (Park or A. Adopt the Park for litter removal at least six times per year and submit volunteer logs (provided by County) to the Parks Maintenance Office upon completion of each litter removal event. B. Conduct volunteer activities during Park hours only. Park hours are sunrise to sunset, 7 days a week. C. Conduct volunteer activities during good weather conditions only. D. Restrict litter removal to areas along trails and parking areas and not enter or cross any bodies of water to retrieve litter. E. Provide the Parks Maintenance Office with a volunteer activity schedule to be approved by the Parks Superintendent. F. Only allow such persons to participate as are determined by the Group to be responsible enough to safely participate in the volunteer activities. Participating youths must be at least 8 years of age and the Group shall provide at least one adult supervisor that is at least 18 years of age for every seven (5) youths under the age of 12 and one supervisor for every ten (10) children ages 13-17 who are participating in the volunteer activities. G. Instruct participants to dress appropriately for the activities to be performed including wearing close toed shoes and long-sleeves/pants when necessary. H. Group shall leave bagged and unbagged (large items) litter in a pre -determined location on-site as approved by the Parks Superintendent for Parks removal. THE COUNTY SHALL: A. Provide a "Adopt -A -Park" sign at the entrance of the designated Park with recognition of Group. B. Provide Group organizers with the County's Accident Prevention Policy. C. Provide materials including bags, litter grabbers, buckets, and disposable gloves. Other materials may be provided at the request of the Group. D. Remove litter collected after volunteer activities. II The Group covenants and agrees that it will indemnify and hold harmless the Department, Indian River County, and all of its commissioners, agents and employees from any claim, loss, damage, cost charge or expense arising out of any act, action, neglect or omission by the Group during the performance of the agreement, whether direct or indirect, and whether to any person or property to which the COUNTY or said parties may be subject, except that neither Group nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the COUNTY, and all of its officers, employees or agents. III The agreement shall remain in effect for a two-year The COUNTY or Group may terminate this agreement for any reason upon 30 days written notice. The COUNTY may, if it deems an emergency situation exists, suspend or terminate this agreement immediately. IV This agreement is non -transferable and non -assignable in whole or in part without written consent of the COUNTY. u This agreement is for litter removal activities only. Beautification activities must be approved and coordinated by the Parks and Recreation Director. VI The Parks Superintendent shall screen and select the Parks to be adopted. VII COUNTY will provide its incident reporting policies and procedures to GROUP at the signing of this Agreement. If an incident or injury occurs during volunteer activities, the GROUP must submit a completed incident report to the Parks Superintendent within 24 hours of incident. In the event emergency services are utilized for any incident, the GROUP must notify the Parks Superintendent immediately. VIII SEA TURTLE NESTING SEASON: March 1— October 31 is designated as Sea Turtle Nesting Season. GROUP must abide by all rules and regulations provided by the Florida Department of Environmental Protection, Florida Fish & Wildlife Conservation Commission and any other local, state or federal agency pertaining to this particular time of year. In the event an unmarked marine turtle nest is exposed, or a dead, injured or sick marine turtle is discovered during the event, GROUP must call the FWC's 24-hour Wildlife Alert Number at 1-888-404-FWCC (1-888-404- 3922). The caller will be asked to answer the following questions for their phone call: • What is the exact location of the animal? • Is the turtle alive or dead? • What is the approximate size of the turtle? • Is the turtle marked with spray paint? (This may indicate that the turtle has been previously documented.) • What is the location of the closest access point to the turtle? • If the turtle is alive, the caller is asked to be prepared to stay with it until help arrives. IX Whenever either party desires to give notice to the other party, it must be given by written notice addressed to the party at the addresses shown below, or such other address or addresses as either party shall designate to the other in writing in accordance with this paragraph. INDIAN RIVER COUNTY: Indian River County Parks & Recreation Parks Superintendent 5500 77`h Street Vero Beach, FL 32967 772-226-1872 bdewson@indianriver.gov GROUP: Treasure Coast Disc Golf Club Sec. Erick Gill 1301 Bonefish Ct Fort Pierce, FL 34949 772-342-6014 treasurecoastdiscgolf@gmail.com / bonefishstudios@hotmail.com IN WITNESS WHEREOF, the parties hereto have caused these present to be executed, the day and year first written above. I CERTIFY that I am familiar with the information contained in this Agreement and that I possess the authority to execute this Agreement on behalf of the Group. APPLICANT: By Signature Erick Gill Type/Print Name TCDG Secretary Title INDIAN RIVER COUNTY PARKS AND RECREA,jjNed by. Elizabeth Powell DN CN = Elizabeth Powell email = Elizabeth ppo well@ircgow.c C = US O = Indian By s River County OU = Parks and Re«eation Direc « Signature Dale 202310.10 16 5923-04'00' Elizabeth Powell Parks and Recreation Director Title INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: September 13, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director/Parks and Recreation Director From: Brad Dewson, Parks Superintendent Subject: Kiwanis Hobart Park Adopt -A -Park by the Treasure Coast Disc Golf Club BACKGROUND: On January 31, 2023, the Board of County Commissioners approved the Indian River County Adopt -A -Park Program. This program was created with the goal of engaging the public in assisting to keep our parks, conservation lands, and beaches free of litter. These types of programs are expected to promote responsible stewardship of the environment and serve to instill pride in our community. DESCRIPTION AND CONDITIONS: The Treasure Coast Disc Golf Club (TCDG) is a non-profit organization that is interested in adopting Kiwanis Hobart Park as part of the County's Adopt -A -Park program. In addition to their primary task of litter pick-up in the Adopt -A -Park program, TCDG would like to assist in maintaining the disc golf course. Kiwanis Hobart Park is home to an 18 -hole disc golf course. This disc golf course was designed by TCDG members and volunteers. TCDG was instrumental in the course design and installation, paid for the benches, picnic tables, concrete tee pads, and helped in the course expansion from 9 holes to 18 holes. TCDG has also donated disc golf bags with discs to Indian River County Parks and Recreation. These bags can be checked out from the Parks Maintenance office for people to use on the course. TCDG has requested that through this adoption agreement, and with authorization from the Board, that the County waive the special event fee ($100 each) for up to four disc golf tournaments hosted by TCDG at Kiwanis Hobart Park per year with the understanding that funds raised by these tournaments are reinvested into the park with improvements, education, and events that promote the disc golf activities at Kiwanis Hobart Park. FUNDING: There are no additional funds necessary beyond what has been previously approved by the Board of County Commissioners. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the amended adoption agreement which waives the $100 special event fee for up to four disc golf tournaments per year hosted by Treasure Coast Disc Golf Club at Kiwanis Hobart Park and authorize the Parks and Recreation Director to execute the same after review and approval for legal sufficiency by the County Attorney. ATTACHMENTS: Adopt -A -Park Agreement Adopt -A -Park Program Reference Manual APPROVED AGENDA ITEM FOR SEPTEMBER, 26, 2023