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HomeMy WebLinkAbout08-346 RESOLUTION NO. 08- 346 A RESOLUTION AMENDING RESOLUTION NOS. 07-222 AND 07-303 (WHICH ADOPTED THE ST. LUCIE COUNTY PARKS AND RECREATION DEPARTMENT YOUTH SPORTS PROVIDER POLICY) BY AMENDING SAID POLICY TO ALLOW THE COUNTY ADMINISTRATOR OR DEsIGNEE TO APPROVE ADDITIONAL YOUTH SPORTS PROVIDERS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 7, 2007, the Board of County Commissioners adopted Resolution No. 07 -222, which repealed Resolution No. 06-020 in its entirety. Resolution No. 06-020 adopted a Sports Policy for the Parks & Recreation Department. 2. On October 16, 2007, the Board of County Commissioners amended the Sports Policy; and 3. It is necessary to further amend the St. Lucie County Parks and Recreation Department Youth Sports "Provider" Policy by adding statements that the County Administrator or designee may approve additional youth sports providers; and 4. To further amend the Policy for Youth Baseball to allow the Board of County Commission Chair to sign the agreements as drafted by the Coun.ty Attorney's office. NOW, THEREFORE, BE IT REsOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby amend Resolution No. 07-303, which adopted the St. Lucie County Parks and Recreation Department Youth Sports Provider Policy, by amending said Policy as attached. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis Vice-Chairman Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 25th day of November, 2008 ATTEsT: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY' ~)dvff~ CHAIRM APPROVED AS TO LEGAL FORM AND CORRECTNESS: JaA PARK S & 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 St. 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 St. 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 St. 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 (1115 - 5/30) Ft. Pierce American Little League Ft. Pierce American Jr. Little League Ft. Pierce American Sr. Little League 5-12 13-15 16-18 Ft. Pierce National Little League Ft. Pierce National Jr. Little League Ft. Pierce American 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 5-15 FedEx Orange Bowl Football 5-15 The County has established a 90/10 rule for "PROVIDER" programs meaning "PROVIDER" cannot have more than 10'7'0 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 1st of every year, "PROVIDERS" must submit to the St. Lucie County Parks and Recreation Athletics Supervisor or Manager the following documentation: A Facility Permit application. Signed "Affidavit of Compliance with St. 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 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, document 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, Fort 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: Facility Request Application Proof of non-pr.ofit 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 Requests will bereviewed by Parks and Recreation Director or designee and approved by the County Administrator or designee. "PROVIDER" will sign an agreement drafted by the County Attorney's office and signed by the Board of County Commission Chair. FIELD ASSIGNMENT ANDF ACILITY 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 its athletic fields due to, but not limited to, inclement weather, budgetary constraints, unsafe playing/fieldlfacility conditions or lack of compliance with departmental policies regarding facility use or permitting requirements. NOTIFICA TION OF ACCIDENTS/INCIDENTS "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 plea 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, kidnaping, robbery, aggravated burg lary. 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 (to) years. Examples include, but are not limited to: Drug offenses, theft, embezzlement, fraud. 5. A II 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. Examples 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 chi Idren, 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, int eh sole opinion of either the "PROVIDER" or the "COUNTY", such is in the interests of the "PROVIDER" or the "COUNTY" or its program participants. DELINQUENCY IN REPORTING AND/OR NON-COMPLIANCE At any time should a "PROVIDER" be found to be in noncompliance with this policy or a FACILITY 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.