Agenda 11/18/2014 Item # 16D 111/18/2014 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement with the Aquatic Boosters d /b /a Swim Florida for a
competitive swim program at the Golden Gate Aquatic Center.
OBJECTIVE: To provide public recreational programs which contribute to a better quality of life for all
facility patrons.
CONSIDERATIONS: Swim Florida and the Parks and Recreation Department (Department) would like
to enter into an Agreement in an effort to provide the best possible competitive swim program at the
lowest cost to participants and users of the Golden Gate Aquatic Center.
Under the proposed Agreement, Swim Florida will provide a year round competitive swim program with
membership open to all interested and qualified swimmers. The Department will provide the aquatic
facility for the program at a fee of $12 per swimmer per month.
The facility would be available to the program for a two -year term (with an option to renew) during
regular operating hours with the exception of two weeks a year when the facility shuts down for
maintenance. Swirn Florida would be responsible for providing certified instructors as well as all
training, practice and competitions for swimmers at the facility. The practice times will not impact regular
public access to the pool. The practice team will only use the dedicated lap lanes on designated days and
times.
FISCAL IMPACT: The program has been budgeted within Parks and Recreation MSTD General Fund
(I 11) and it is anticipated to generate approximately $5,760 in revenue. Operating expenses associated
with this program are estimated at $4,800.
GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. — CMG
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign an Agreement with the Aquatic Boosters d/b /a Swim Florida for a competitive swim
program at the Golden Gate Aquatic Center.
Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1.
11/18/2014 16.D.1.
Item Summary: Recommendation to approve an Agreement with the Aquatic Boosters d /b /a
Swim Florida for a competitive swim program at the Golden Gate Aquatic Center.
Meeting Date: 11/18/2014
Prepared By
Name: NataliBetancur
Title: Operations Analyst, Beach & Water
Approved By
Name: williamsbarry
Title: Director - Parks & Recreation, Parks & Recreation
Date: 10/22/2014 09:13:08 AM
Name: NataliBetancur
Title: Operations Analyst, Beach & Water
Date: 10/24/2014 11:01:24 AM
Name: townsendamanda
Title: Director - Operations Support, Public Services Division
Date: 10/24/2014 11:10:38 AM
Name: JoshuaThomas
Title: Grants Support Specialist, Grants Management Office
Date: 10/28/2014 08:36:03 AM
Name: JoshuaThomas
Title: Grants Support Specialist, Grants Management Office
Date: 10/28/2014 08:36:13 AM
Name: ColleenGreene
Title: Assistant County Attorney, CAO General Services
Date: 10/28/2014 11:23:59 AM
Name: camell_s
Title: Administrator - Public Services, Public Services Division
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11/18/2014 16.D.1.
Date: 10/28/2014 01:53:59 PM
Name: EdFinn
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 1 0/30/2014 01:51:58 PM
Name: klatzkowjeff
Title: County Attorney,
Date: 10/30/2014 03:09:46 PM
Name: ThereseStanley
Title: Manager - Grants Compliance, Grants Management Office
Date: 11/07/2014 11:21: l 3 AM
Naive: klatzkowjeff
Title: County Attorney,
Date: l l /07/2014 11:36:29 AM
Name: ochs_1
Title: County Manager, County Managers Office
Date: 11/10/2014 10:34:01 AM
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11 /18/2014 16. D.1.
AGREEMENT
AQUATICS BOOSTERS d.b.a. SWIM FLORIDA COLLIER COUNTY
AND COLLIER COUNTY
GOLDEN GATE COMMUNITY PARK
THIS AGREEMENT is made and entered into the day of 2014
between Aquatic Boosters, Inc. d/b /a Swim Florida, a Florida Non Profit Corporation, whose
mailing address is P.O. Box 07008, Fort Myers, FL 33919, hereinafter called "Swim Florida ";
and Collier County, mailing address 3300 Santa Barbara Blvd, Naples FL 34116 hereinafter
called, the "County ".
WITNESSETH:
WHEREAS, Swim Florida and the County recognize the need for public recreational
programs which contribute to a better quality of life for all facility patrons; and
WHEREAS, Swim Florida and the County are mutually interested in promoting
competitive swim programs and are aware of the beneficial effect on the youth, their families and
the community; and
WHEREAS, in the interest of providing the best possible competitive swim program at
the least cost to participants and users of County facilities at the Golden Gate Aquatic Center at
the Golden Gate Community Park at 3300 Santa Barbara Blvd, full cooperation between Swim
Florida and the County is necessary; and
WHEREAS, it is in the best interest of both parties to outline the details of such
cooperation.
A. TERM
1. This agreement shall be effective for a one (2) year period effective November,
2014, through October, 2016, with an option for Swim Florida to renew for one
(1) additional one (1) year period. Notice of intent to exercise the one (1) year
option to renew must be submitted in writing by Swim Florida to the County's
Parks and Recreation Department no less than ninety (90) days prior to the
expiration of this Agreement and such renewal must be approved by the County
Board of County Commissioners. No portion of this Agreement or the
management, use, occupation, and operation of this facility may be transferred or
assigned without prior written approval of the Board of County Commissioners.
B. COUNTY RESPONSIBLITIES
1. County will provide the aquatic center facility located at 3300 Santa Barbara Blvd
Monday through Friday during regular business hours.
2. County will be responsible for regular maintenance of the pool, grounds and
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building infrastructure, including concession area.
3. County will provide outdoor trash receptacles and liners.
4. The County will be responsible for scheduling all usage at the facility. Such
scheduling shall be at the sole discretion of the County.
5. The County will provide usage for all scheduled practices and meets, except as
provided for herein.
6. The County will designate Swim Florida as the resident competitive swim
program for the facility.
7. The County will provide storage space within the existing facility for the
exclusive use of Swim Florida, as designated by County staff.
8. The County will provide Swim Florida with first choice for time and dates for
practices, meets, and events, subject to conditions provided herein.
9. County will set pool heater to no less than 81 degrees Fahrenheit and no greater
than 84 degrees Fahrenheit.
C. SWIM FLORIDA RESPONSIBILITIES
1. Swim Florida will provide a year round competitive swim program with
membership open to all interested, qualified swimmers. Swim Florida will
provide training, practice and competitions for swimmers at the facility.
2. Swim Florida shall pay a fee of $12.00 per swimmer, per month for the use of the
Aquatic Center for up to one hundred and twenty (120) Swim Florida team
members.
3. Swim Florida is to pay monthly installments due on 15 of each month for the
previous month usage. Payments shall be made payable to Collier County Parks
and Recreation Department (CCPRD) and mailed to:
Collier County
Parks and Recreation
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
4. Should Swim Florida fail to pay invoices as required pursuant to this Agreement
in a timely and diligent manner, the County may consider such failure in default
of this Agreement.
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5. Swim Florida shall provide an updated membership list to the Recreation Division
due on 15th of each month. Membership list shall be mailed to:
Collier County
Parks and Recreation
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
6. A certified United States Swimming coach shall be present and supervise all
Swim Florida activities at the facility. All coaches that participate in Swim
Florida must have a United States Swimming coach's certificate.
D. GENERAL CONDITIONS
1. The contact person for the County shall be the Senior Program Leader or his
designee. The contact person for Swim Florida shall be the President, or his
designee, of Swim Florida.
2. Swim Florida will supply to the County Parks and Recreation Department a
schedule of practices, meets, and other events on a monthly basis due the first of
each month and a report of actual usage for the previous month.
3. The County may, at its option, offer preferential scheduling to recognized
scholastic swim teams which will supersede Swim Florida's right to first choice of
scheduling. The County will notify Swim Florida of any scheduling conflicts
created by this subsection at least thirty (30) days in advance of the event.
4. Swim Florida agrees to participate with the County in bringing regional or larger
swim competitions to the facility.
5. Swim Florida shall, in the event that Swim Florida desires to close the pool for a
competitive meet during hours which have been announced as open to the public,
pay the facility rental rate for not - for - profit organizations as specified in the
current Fee Policy.
6. The County reserves the right to close the pool for safety, maintenance or special
events at any time without prior notice and without penalty.
7. Swim Florida will advise the County of a change in leadership of Swim Florida
within two (2) weeks of the change. Swim Florida will provide the name and
telephone number of new leadership in writing to the Senior Program Leader at
GGCP.
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E. INSURANCE
1. Swim Florida shall be liable and agrees to be liable for, and shall
indemnify, defend and hold harmless the County from any and all claims,
suits, judgments or damages, losses and expenses, including court costs, expert
witness and professional consultation services, and agents, employees,
representatives or officers, in the performance of the terms of this agreement, or
the use, occupation, management or control of any facility hereunder or
improvements thereon. Swim Florida agrees to provide and maintain during
the term of this agreement liability insurance insuring Swim Florida against
any and all claims, demands or causes of action whatsoever for injuries received
or damage to property incurred in the performance of the terms of this agreement
or the use, occupation, management or control of any facility herein provided
for and the improvements thereto. Such policy of insurance will insure
Swim Florida in an amount not less than $1,000,000.00 to cover any or
all bodily injury, personal injury and /or property damage claim connected with
any accident or occurrence that may arise or be claimed to have arisen against
Swim Florida Current valid policies meeting the requirements herein
identified shall be maintained during the duration of the named agreement.
Certificates of insurance shall be filed with the Collier County Parks and
Recreation prior to execution of the agreement. Renewal certificates shall be sent
to the CCPRD at least ten (10) days prior to the expiration date. There shall also
be a thirty (30) day notification to the CCPRD in the event of cancellation or
modification of any stipulated insurance coverage. Swim Florida shall be
responsible for any deductible.
2. Swim Florida agrees that the coverage granted to the additional insured applies on
a primary basis, with the additional insured's coverage being excess. Swim
Florida agrees that this insurance requirement will not relieve or limit Swim
Florida's liability and that the County does not in any way represent that the
insurance required is sufficient or adequate to protect the Swim Florida's
interests or liabilities, but are merely minimums.
3. Swim Florida is required to act in compliance with Ch. 440, Florida Statutes, the
Workers Compensation Law, if applicable.
F. CANCELLATION
This Agreement may be cancelled by either party, with or without cause, with a
thirty (30) day written notice to the addressed party shown in Paragraph H
Notices, of this Agreement.
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1119812014 16.D.1.
G. DEFAULT, CURE, TERMINATION
The occurrence of any one of the following events shall entitle the County to terminate
this Agreement upon notice and opportunity to cure as provided herein:
1. Swim Florida's adjudication as bankrupt.
2. The filing of adjudication of voluntary or involuntary insolvency, reorganization
or bankruptcy of the Swim Florida.
3. Swim Florida's discontinuance of its operations.
4. Swim Florida's failure to comply with any material covenant of this Agreement.
5. Continued failure to rectify inconsistencies will constitute grounds for the County
to reevaluate the Swim Florida Agreement. The provisions of this action shall not
affect the County's option to terminate at any time for cause.
6. Upon any allegation of default, the party against whom the default is alleged
shall have twenty (20) days after delivery of written notice of such alleged default
within which to cure such default. If it fails to cure this default within such period
of time, then the other party shall have the right to present a proposed Notice to
Terminate the Agreement. No waiver by the County of any default on the
part of the Swim Florida in the performance of any of the provisions herein to be
performed, kept or observed by Swim Florida shall be construed to be a waiver
by the County of any other or subsequent default in performance of any
provisions herein to be performed, kept, or observed by the Swim Florida. In
any event, waivers will be allowable only if it is in the best interest of the County
as determined by the Board of County Commissioners.
H. NOTICES
1. All notices required by law or by this agreement to be given by one party to the
other, shall be in writing, and the same shall be delivered by hand, or shall be
mailed certified mail, return receipt requested, to the following addresses:
County: ............................. Collier County Parks & Recreation
Golden Gate Community Park
3300 Santa Barbara
Naples, FL 34116
Swim Florida: ................... Robert M. Kennedy, President
Aquatic Boosters, d.b.a. Swim Florida
Fort Myers, FL 33919
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DATED: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
Tom Henning
Deputy Clerk Chairman
roved as to form and legality
(C)Ileen M. Greene
Assistant County Attorney
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SWIM FLORIDA
By:
Printed Name:
Title:
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