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Backup Documents 11/18/2014 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP q TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. Colleen Greene County Attorney Office Cnnl� -)-1-15 4. BCC Office Board of County 14:7•A14:7•A Commissioners \f‘cN AZ0V5 5. Minutes and Records Clerk of Court's Office A)m l( f 3.4L tm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Natali Betancur Phone Number 239-252-4059 Contact/ Department Agenda Date Item wa 11/18/2014 Agenda Item Number 16D1 Approved by the BCC Type of Document Agreement -Qct calocNumber of Original 1 Attached "Nactes$cew5. Documents Attached PO number or account number if document is // to be recorded �<Q INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? NB 2. Does the document need to be sent to another agency for additional signatures? If yes, 14£1.— ` provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. (/let 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's .11443— _` Office and all other parties except the BCC Chairman and the Clerk to the Board r r1 5. The Chairman's signature line date has been entered as the date of BCC approval of the NB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N B should be provided to the County Attorney Office at the time the item is input into SIRE. iJ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/18/14 and all changes made during NB - the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for re P. Chairman's signature. '� L1 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16131 MEMORANDUM Date: January 27, 2015 To: Natali Betancur, Operations Analyst Park & Recreation — Beach & Water From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Agreement with Aquatics Boosters and Collier County Golden Gate Community Park Attached for your records is a copy as referenced above, (Item #16D1) approved by the Board of County Commissioners on Tuesday, November 18, 2014. The original is being held in the Minutes and Records Department for the Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1601 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 116 day of N DU• 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 [14-PKR-00500/1126811/1] U 1601 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. [14-PKR-00500/1126811/1] 1601 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. [14-PKR-00500/1126811/1[ 16131 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 1. 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. [14-PKR-00500/1126811/1] Ci EI 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 [14-P KR-00500/1126811/1) ' r 1 6 0 1 DATED,: ' 1,k a-�� k'S BOARD OF COUNTY COMMISSIONERS ATTEST: : ; COLLIER COUNTY, FLORIDA DWIGHT E. BROCIc CLERK /-- /-- /et-fx,e_ ,qi, By: TIM NANCE, CHAIRMAN Attest as to Ctiairtn4teputy Clerk Si`v Afire only. roved to form legality: SWIM FORIDA iif0 . �� By:,00 , ii olleen . Greene(Voi Printed Name: l Assistant County Attorney Title: 1 _J- �nn��/ Item# Agenda Date let i g�l `� ; Date ‘1211.15-- Recd ueputy C; rk 1 0 (14-PKR-00500/1126811/1] <�s i61 ACORL7► DATE(MMIDDIYYYV)CERTIFICATE OF LIABILITY INSURANCE 01/22/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-602-840-3234 CONTACT NAME: Risk Management Services, Inc. PHONE FAX (AIC.No.Ext): (A/C,No): 602-274-9138 P.O. Box 32712 E-MAIL ADDRESS: p peo info@therisk le.com PRODUCER Phoenix, AZ 85064-2712 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: NATIONAL CAS CO 11991 SWIM FLORIDA INSURER B: MUTUAL OF OMAHA INS CO 71412 USA Swimming, Inc dba USA Swimming Swim Florida INSURER C: PO BOX 07008 INSURER D: FORT MYERS, FL 33919-0008 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 42828134 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR W /Y TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY Ext. LIMITS LTR INSR VD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) A GENERAL LIABILITY X X 1=000000048566-00 01/01/15 01/01/16 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 X Participant Liability PERSONAL&ADV INJURY $ 1,000,000 X Abuse/Molestation GENERAL AGGREGATE $NONE GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO- JECT X LOC Abuse/Molestation $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ A UMBRELLA LIAB X OCCUR X X X1C00000004856700 01/01/15 01/01/16 EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 X DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY 1,/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ I/yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B XS Accident-Medical T5MPSP35054 01/01/15 01/01/16 Maximum Limit 25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Verification of General Liability, Excess Liability & Abuse/Molestation coverage for COVERED ACTIVITIES. Abuse/Molestation Aggregate on the General Liability Policy is $5,000,000. Abuse/Molestation is excluded in the Excess Liability Policy. Excess Medical/Dental Accident coverage provided for participants only. The Certificate Holder is included as Additional Insured per attached ADDITIONAL INSURED ENDORSEMENT EFFECTIVE CERTIFICATE ISSUE DATE. *30 DAY CANCELLATION PER POLICY PROVISIONS* CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Rich DeGalan 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples, FL 34112 ‹.v USA V FL-SWIM ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 42828134 1 6 f CERTIFICATE ADDENDUM "Covered Activities" With respect to USA Swimming member clubs, group members, member coaches, volunteers and additional insured owners/lessors of premises, sponsors and co- promoters, "Covered Activities" are defined as: 1) Swimming meets that have been issued a written sanction or approval. Approval means a permit issued by one of the USA Swimming, Inc. Local Swimming Committees for swimming meets conducted in conformance with USA Swimming, Inc. technical rules in which members and non members may compete. USA Swimming, Inc. member clubs that either host or participate in a swimming meet that has been issued an approval will be considered an insured provided that all of its athletes or participants and coaches are members of USA Swimming, Inc. 2) Swimming practices, dry land training activities and learn to swim programs, where all swimmers or participants are members of USA Swimming, Inc. and are conducted under direct and active supervision of a member coach. A Member Coach is defined as a coach member of USA Swimming, Inc. who has complied with safety training required by USA Swimming, Inc. Dryland training activities means weight training, running, calisthenics, exercise machine training, and any other activity for which an insured has received approval from USA Swimming, Inc. or its authorized representative. 3) USA Swimming, Inc. Swim-A-Thons, Fund raising activity which clubs can purchase for lap-a-thons through the USA Swimming Foundation. 4) Approved social events and approved fund raising activities that are social events and activities for which an insured has received approval from USA Swimming, Inc. or its authorized representative. 5) Swimming Tryouts. Swimming Tryouts means swimming practices where a swimmer(s) who is not and who has never been a member of USA Swimming, Inc. participates with a USA Swimming, Inc. club for a period not to exceed thirty consecutive days in a twelve month period to determine the swimmer's interest in becoming a member of USA Swimming, Inc. 6) Office premises liability for Member Clubs 1601 ENDORSEMENT National Casualty Company NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENT NO. FORMING A PART OF (12:01 A.M.STANDARD TIME) POLICY NUMBER KKO-48566-00 01/01/2015 USA SWIMMING,INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS OWNERS AND/OR LESSORS OF PREMISES, SPONSORS OR CO-PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended to include as an additional Insured c. This insurance does not apply to liability of any person or organization of the types indicated by an "X" the owners and/or lessors for"bodily injury" or in any boxes shown below, but only with respect to liability "property damage" arising out of any design arising out of your operations: defect or structural maintenance of the prem- ises or loss caused by a premises defect. F-7 Owners and/or lessors of the premises leased, rented, or loaned to you, subject to the following With respect to any additional insured included additional exclusions: under this policy, this insurance does not apply to any negligence of such additional insured. a. This insurance applies only to an "occur- rence" which takes place while you are a ten- (X Sponsors ant in the premises; I X I Co-Promoters b. This insurance does not apply to "bodily n Any individual person(s) or organization(s) listed injury" or "property damage" resulting from below: structural alterations, new construction or demolition operations performed by or on behalf of the owner and/or lessor of the premises; 414 lu-ti.-tAt AUTHORIZED REPRESENTATIVE DATE KR-GL-56(4-07) Page 1 of 1