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HomeMy WebLinkAbout07-222 · . , /l :øfY f)' (r1il:: r:;h '-;) , {~FR RESOLUTION NO. 07-222 A RESOLUTION REPEALING RESOLUTION NO. 06-020 IN ITS ENTIRETY (WHICH ADOPTED A SPORTS POLICY FOR THE PARKS & RECREATION DEPARTMENT) BY ADOPTING THE ST. LUCIE COUNTY PARKS & RECREATION DEPARTMENT YOUTH SPORTS "PROVIDER" POLICY FOR ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On January 10, 2006, the Board adopted Resolution No. 06-020, which adopted the Sports Policy for the Parks & Recreation Department. 2. There is a need to establish certain guidelines for all sport and athletic organizations that utilize facilities and athletic fields owned, operated and maintained by St. Lucie County through its Parks & Recreation Department. 3. Having a Youth Sports "Provider" Policy in place will establish standard operating procedures for administering approved sports programs. Additionally, it will establish criteria necessary to add continuity to all programs and combine these programs into one comprehensive overall sports program that will best suit the needs of County residents. 4. The Youth Sports "Provider" Policy will establish the proper procedures each group should take in communicating with the Parks and Recreation Department in order to organize new programs and continue previously established ones. 5. The Youth Sports "Provider" Policy will govern all parks and properties owned, operated, leased, or maintained by St. Lucie County that are used for recreation and/or competitive athletic purposes. 6. In an effort to better serve current providers, ensure the safety of our children, establish criteria allowing an opportunity for other groups to become recognized providers, and to eliminate duplication \ ~ --,.. of items that are addressed in the Facility Use Agreement, it is necessary to repeal Resolution No. 06-020 in its entirety, by adopting the St. Lucie County Parks & Recreation Department Youth Sports "Provider" Policy. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby repeal Resolution No. 06-020 in its entirety, and adopts the St. Lucie County Parks & Recreation Department Youth Sports "Provider" Policy attached hereto and made a part hereof. 2. This resolution shall take effect upon adoption. After motion and second the vote on this resolution was as follows: Chairman Chris Craft Aye Vice-Chairman Joseph E. Smith Aye Commissioner Paula A. Lewis Aye Commissioner Doug Coward Aye Commissioner Charles Grande Aye AND DU:~S~ò~~~thiS 7th day of August, 2007. ~'::"~-"" :J'). BOARD OF COUNTY COMMISSIONERS ,f::"-'~/ ",\' ('" ST. LUCIE COUNTY, FLORIDA o , \~JÞB~~ :.~ ~~fp3/ C I MAN , " ¡ IlI'i11 fll\', l'- ",^ PASSED ATTEST: LEGAL FORM AND PARKS & RECREATION DEPARTMENT Youth Sports "PROVIDER" Policy PURPOSE AND INTRODUCTION The purpose of this policy is to establish guidelines for Youth Sport Providers, hereinafter referred to as the "PROVIDER" and those organizations wishing to become a "PROVIDER" in order to receive a permit to utilize S1. Lucie County Parks and Recreation Department, hereinafter referred to as the "COUNTY", athletic fields. This policy will outline the specific responsibilities of the "PROVIDER" during utilization of S1. Lucie County athletic fields. This policy establishes criteria necessary to add continuity to all youth sport programs and combines them into one comprehensive youth sports plan that will best meet the needs of the residents of S1. Lucie County. RECOGNIZED YOUTH SPORTS PROVIDERS The following groups are recognized as "PROVIDERS" to deliver the following youth sports for the identified age group: YOUTH SPORT "PROVIDER" AGE GROUP Spring Baseball (1/15 - 5/30) F1. Pierce American Little League F1. Pierce American Jr. Little League F1. Pierce American Sr. Little League 5 -12 13 - 15 16-18 F1. Pierce National Little League F1. Pierce National Jr. Little League F1. Pierce National Sr. Little League 5 -12 13-15 16 - 18 Northside Little League 5 -12 American Legion 16-18 Fall Football (8/1 - 12/15) Pop Warner Football 5 -15 FedEx Orange Bowl Football 5 -15 The County has established a 90/10 rule for "PROVIDER" programs meaning a "PROVIDER" can not have more than 10% non-resident youth participants in their program. Any "PROVIDER" that does not comply with the 90/10 rule must rent or lease facilities from the "COUNTY", By September 1 st of every year, "PROVIDERS" must submit to the S1. Lucie County Parks and Recreation Athletics Supervisor or Manager the following documentation: · A Facility Permit application. · Signed "Affidavit of Compliance with S1. Lucie County Youth Sports Policy". · A contact list of board members including address, home phone, cell phone and email address. · A copy of the "PROVIDERS" Federal Income Tax Return for the previous year. Sixty (60) days prior to the start of the first practice and/or game, "PROVIDER" must submit to the St. Lucie County Parks and Recreation Athletics Supervisor or Manager the following documentation: . Proof of a current Public Liability insurance coverage, Comprehensive General Liability Insurance Policy with limits of at least $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury and property damage including Participant Legal Liability and the indemnification provision agreement contained in Facility Use Agreement. The policy must include the St. Lucie County Board of County Commissioners and St. Lucie County School Board if using a public school, as an additional insured. If any products including food and beverages are sold, the policy must also include Products liability coverage. If a mobile concession stand will be used, proof of a current Automobile Liability Insurance Policy with limits of at least $1,000,000 each accident. Vehicle Liability insurance coverage shall be provided at a single limit of $1,200,000 for bodily injury and property damage and Worker's Compensation Insurance in accordance with the laws with the State of Florida, if required. If "PROVIDER" is exempt from Worker's Compensation, documentation shall be provided by "PROVIDER" upon execution of Facility Use Agreement. Proof of required insurance coverage shall be in the form of a currently dated Certificate of Insurance from insurer(s) with an A.M Best's rating of B+ VII or higher. Certificate holder shall read: St. Lucie County Board of County Commissioners c/o Parks and Recreation Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, Attn: Athletics Division. · Proof of current non-profit status · Copy of by-laws, playing rules and guidelines and registration fees · Copy of disciplinary guidelines for players · Copy of code of conduct form which shall be signed by all administrators, parents, players, officials and volunteers and on file with the "PROVIDER" · Submit in writing any request for field layouts. Prior to the start of the first practice and/or game, and prior to a facility permit being issued, "PROVIDER" must submit to the St. Lucie County Parks and Recreation Athletics & Sports Division Office, 1302 Virginia Avenue, Ft. Pierce, the following documentation: · List of all coaches and assistant coaches including the date of issuance of NYSCA certificate · Final practice and game schedule · Request for fields and Facility Permit for pre and/or post tournaments and or clinics, camps and opening/closing ceremonies. · Three (3) copies of all keys to all non-County structures. · Security system codes (if applicable) · $250 check payable to SLC BOCC for field security deposit. Any new youth sport organization, that wishes to become a "PROVIDER", must submit the following documentation to the Parks and Recreation Director, and/or designee, prior to January 1 st for consideration to provide a new program during the county's next Fiscal Year which begins on October 1 st and ends on September 31 st : · Facility Request Application · Proof of non-profit status · Copy of by-laws, playing rules and guidelines and proposed registration fees · Copy of written volunteer job duties and job descriptions · Copy of disciplinary guidelines for players · Copy of code of conduct agreement to be signed by all administrators, parents, players, officials and volunteers Following review and approval by the Director of Parks and Recreation and the St. Lucie County Recreation Advisory Board, the request to become a "PROVIDER" will be submitted to the Board of County Commissioners for consideration. FIELD ASSIGNMENT AND FACILITY USE AGREEMENT The "COUNTY" will provide facilities to "PROVIDER" under a FACILITY USE AGREEMENT. A FACILITY USE AGREEMENT must be fully executed by the Board of County Commissioners prior to "PROVIDER" utilizing a "COUNTY" facility. The "PROVIDER" and the "COUNTY" shall work together to determine the playing season and field assignment(s). The "COUNTY" reserves the right to change a field assignment or alter a playing season to better serve the residents of St. Lucie County. The "COUNTY" at any time may close or temporarily suspend activities on it's athletic fields due to, but not limited to, inclement weather, budgetary constraints, unsafe playing/field/facility conditions or lack of compliance with departmental policies regarding facility use or permitting requirements. The "COUNTY" may close or suspend activities on it's athletic fields with cause upon thirty (30) days written notification to "PROVIDER". NOTIFICATION OF ACCIDENTS/lNCIDENTS "PROVIDER" must fax or hand deliver a County Accident/Incident Report to the Sports & Athletics Division @ 462-2377 by Noon the next business day after any accident/incident that requires medical attention or when public safety personnel were called for assistance. BACKGROUND SCREENING AND CERTIFICATION OF COACHES AND ASSISTANT COACHES For the safety and well being of each and every child participating in a "PROVIDER" or "COUNTY" program, background screening and NYSCA certification of all coaches and assistant coaches is mandatory and shall be conducted annually. No coach or assistant coach can participate as a volunteer until they have completed a background check, NYSCA coaches training and have been cleared to coach. The Board of County Commissioners of St. Lucie County, at the recommendation of NRPA (National Recreation & Parks Association) and NYSCA (National Youth Sports Coaches Association), has selected Southeastern Security Consultants, Inc. (SSCI) to perform all background checks. The Board of County Commissioners hereby adopts the following policy: A person will be disqualified and prohibited from serving as a volunteer if the person has been found guilty of the following crimes. Guilty means the person was found guilty following a trial, entered a guilty plea, entered a no contest pleas accompanied by court's finding of guilty, regardless of whether there was an adjudication of guilt (conviction) or a withholding of guilt or the record has been expunged. This policy does not apply if criminal charges resulted in acquittal or dismissal. 1. All sexual offenses, regardless of the amount of time since the offense. Examples include, but are not limited to: · Child molestation, rape, sexual assault, sexual battery, sodomy, prostitution, solicitation, indecent exposure. 2. All felonies that constitute offenses against the person, regardless of the amount of time since the offense. Examples include, but are not limited to: · Murder, manslaughter, aggravated assault, kidnapping, robbery, aggravated burglary. 3. Any crimes involving children, regardless of the amount of time since the offense. 4. All felony offenses other than those against the person or sexual within the past ten (10) years. Examples include, but are not limited to: · Drug offenses, theft, embezzlement, fraud. 5. All misdemeanors that constitute offenses against the person within the past seven (7) years. Examples include, but are not limited to: · Simple assault, battery, domestic violence, hit & run. 6. All misdemeanor drug and alcohol offenses within the past five (5) years or multiple of such offenses in the past ten (10) years. Examples include, but are not limited to: · Driving under the influence, simple drug possession, drunk and disorderly, public intoxication, possession of drug paraphernalia. 7. Any other misdemeanor within the past five (5) years that could be considered a potential danger to children or is directly related to the functions of the applicant. Example of this is theft if the person is handling money. In addition, applicants will be disqualified if they have: 8. Been adjudged liable for civil penalties or damages involving sexual or physical abuse of children. 9. Been subject to any court order involving sexual abuse or physical abuse of a minor, including but not limited to a domestic order of protection. 10. Had their parental rights terminated. Should any charges be uncovered or brought against the applicant while a volunteer, the volunteer shall be suspended until such time as the charges have been cleared or dropped and he/she is reinstated by the "PROVIDER". Volunteer shall be required to disclose to the "PROVIDER" any charges that are brought during his/her term as a volunteer. For offenses listed in numbers four (4) through seven (7), prior to the time period noted, the "PROVIDER" may consider accepting the volunteer on a case by case basis. Careful consideration will be given to the nature of the offense, the rehabilitation of the individual, and the offense as it relates to the position being applied for and the potential risk to children. Under no circumstances will the volunteer be considered if the crime was one against children, involved violence, or was of a sexual nature. Misdemeanor convictions, particularly when remote in time, may be reviewed particularly where the applicant's conduct since the conviction indicated rehabilitation and lack of risk to children. Fraud or theft convictions may prevent the volunteer from any positions regarding handling money or property. Appeals Process: Any applicant denied by this policy may request an interview with the Director of Parks and Recreation, and or designee to appeal this decision. A background committee, consisting of one (1) Parks and Recreation staff member and one (1) representative from the County Attorney's office and one (1) representative from the Human Resources/Risk Management Department will review the appeal. The decision of this committee will be final. Nonwaiver: Nothing in this policy shall be construed as a waiver or limitation of the discretion of the "PROVIDER" or "COUNTY" to disqualify a volunteer when, in the sole opinion of either the "PROVIDER" or the "COUNTY", such is in the interests of the "PROVIDER or the "COUNTY" or its program participants. DELlQUENCY IN REPORTING AND/OR NON-COMPLIANCE At any time should a "PROVIDER" be found to be in noncompliance with this policy or a FACIL TY USE AGREEMENT, St. Lucie County reserves the right to: · Reduce permitted field time . Revoke permit(s) · Reduce services provided . Withdraw recognition as "PROVIDER The County Administrator will make the decision to withdraw recognition of a "PROVIDER". The County Administrator's decision to withdraw recognition of a "PROVIDER" may be appealed to the Board of County Commissioners of St. Lucie County. Requests for appeal must be submitted to Chair of the Board of County Commissioners within thirty (30) days of the County Administrator's decision.