Agenda 02/25/2014 Item #16D 2Proposed Agenda Changes
Board of County Commissioners Meeting
February 25, 2014
Move Item 16D1 to Item 11F: Recommendation to award Invitation to Bid (ITB) 13 -6031, "Gilchrist
Windows, Doors, Roofs and Miscellaneous Services," to NR Contractors Inc, for construction services in the
amount of $238,540, to authorize the Chairman to execute a contract with the vendor effective February 25,
2014. (Commissioner Henning's request)
Move Item 16D4 to Item 11G: Recommendation to award Request for Quotation (RFQ) to Jensen
Underground Utilities, Inc., in the amount of $2,000 plus $200 for contingency for a total of $2,200 for Video
Tape of the constructed gravity sewer at Collier County's Bluebill Avenue Turnaround and Restroom Beach Park
Facility and make a finding that the expenditure promotes tourism. (Commissioner Henning's request)
Move Item 16DS to Item 11H: Recommendation to authorize a one -time waiver to the Neighborhood
Stabilization Program Administrative Plan, not to exceed an additional $5,000; to complete the rehabilitation of
2975 4th Street NE in order to dispose of the property from County ownership. (Commissioner Henning's
request)
Move Item 16D2 to Item 111:
Recommendation to approve an
agreement with NCH Healthcare System, Inc. for Collier County Parks
and Recreation to provide water safety instruction to Collier County
children ages four to five. (Commissioner Nance's request)
Note:
Item 16A20 Executive Summary title revised to read: Recommendation to adopt a Resolution amending
Resolution 2009 -58, relating to the Stewardship Sending Area with a designation as "C= SSA 10 "; approving the
extension of certain dates to March 10, 2015 in the Stewardship Sending Area credit agreement for QX SSA 10
and the Escrow agreement for 61x6 SSA 10. (Staff's request)
Time Certain Items:
Item 13A to be heard at 10:15 a.m., followed by Items 13B and 13C
Item 11B to be heard immediately following Item 13C
Item 11D to be heard at 2:00 p.m.
212S/2614 6:46 AM
2/25/2014 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve an agreement with NCH Healthcare System, Inc, for Collier County
Parks and Recreation to provide water safety instruction to Collier County children ages four to
five.
OBJECTIVE: To prevent drowning by providing curriculum -based water safety instruction for children
ages four to five.
CONSIDERATIONS: NCH Healthcare System has formed the Safe and Healthy Children's Coalition
of Collier County with a goal of creating programs to serve the unmet needs of children within the
County. The Coalition is made up of over forty government and non - profit agencies, of which the Parks
and Recreation Department is one.
The SWIM Central program provides curriculum -based water safety instruction for pre- kindergarten
children ages four to five. Under the terms of the agreement, the Parks and Recreation Department will
provide SWIM Central instruction to children enrolled in its Voluntary Pre - Kindergarten Program using
existing aquatics staff and facilities. In consideration, NCH will reimburse the County $4 per hour of
instruction, with a maximum of $40 per child. This is the third year Parks and Recreation has worked in
collaboration with NCH to offer this program.
FISCAL IMPACT: Staff estimates that Collier County Parks and Recreation will serve 100 children
through this program. At a maximum of $40 per child, this agreement would generate $4,000 in revenue.
That would be recognized in the appropriate cost center of the department. Direct expenses for this
program are $1,100 and are budgeted within Fund 111 Cost Centers 156349 and 156313.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. - CMG
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the Agreement with NCH Helathcare Systems, Inc. for Collier County Parks and
Recreation to provide water safety instruction at Collier County Parks and Recreation facilities.
Prepared By: Natali Betancur, Operations Analyst, Parks and Recreation Department
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2/25/2014 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve an agreement with NCH Healthcare System,
Inc. for Collier County Parks and Recreation to provide water safety instruction to Collier County
children ages four to five.
Meeting Date: 2/25/2014
Prepared By
Approved By
Name: WilliamsBarry
Title: Director - Parks & Recreation, Parks & Recreation
Date: 2/4/2014 8:56:54 AM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 2/4/2014 2:30:38 PM
Name: Washbumllonka
Title: Manager - Park Operations, Parks & Recreation
Date: 2/7/2014 2:50:43 PM
Name: AlonsoFlailey
Title: Operations Analyst, Public Services Division
Date: 2/10/2014 3:52:10 PM
Name: Joshua Thomas
Title: Grants Support Specialist, Grants Management Office
Date: 2/11/2014 8:07:51 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 2/12/2014 10:58:52 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
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2/25/2014 16.D.2.
Date: 2/12/2014 11:29:22 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2014 11:39:29 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 2/12/2014 4:34:17 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2014 10:44:35 AM
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2/25/2014 16.D.2.
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made this 11th day of February 2014, ( "Effective Date "), by and
between NCH Healthcare System, Inc., a Florida not for profit corporation ( "NCH ") and
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY ( "Contractor ").
WITNESSETH
WHEREAS, NCH and its affiliates have as their primary objective the delivery
and provision of health care related services to the community;
WHEREAS, NCH, in cooperation with the Safe and Healthy Children's Coalition
of Collier County, desires to make water safety instruction available to certain children in
identified Day Care Centers in Collier County;
WHEREAS, the Contractor is capable of providing water safety instruction
services ( "Services ") required by this Agreement; and
WHEREAS, the Contractor agrees to render the Services from time to time to
NCH as an independent contractor under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable considerations, the receipt of which by each from the other
is hereby acknowledged, it is mutually agreed as follows:
1. Creation of Contractual Relationship.
NCH hereby contracts with the Contractor, under the terms and conditions set
forth in this Agreement, to assist in providing the water safety instruction services for
children designated by NCH. The Contractor shall meet regularly with NCH's
representatives who oversee the Program, to discuss and review the Services which the
Contractor is providing for the Program.
2. Term of Engagement.
The period of this Agreement shall be for a term of twelve (12) months,
commencing on February 11, 2014.
3. Compensation to Contractor by NCH.
NCH shall pay to the Contractor Four Dollars ($4.00) per child per lesson hour,
not to exceed more than $40 per Child, as compensation for the services that the
Contractor provides under this Agreement. This Compensation shall be paid by NCH or
one of its affiliates, on a monthly basis.
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4. Duty to Perform Services.
The Contractor shall be permitted to arrange its schedule in rendering Services.
The Contractor shall spend as many hours each month as are necessary to adequately
provide the Services required under this Agreement. The Contractor will provide NCH's
representative a written status report each month for the duration of this agreement. This
status report will include a list of the children who have received the Water Safety
Instruction Services during the previous month.
The Contractor shall require prior to the commencement of water safety
instructions services all participants (parent/legal guardian for minors) to sign a waiver
and a release of liability form on behalf of NCH, which form is subject to the review and
approval of NCH.
The Contractor shall exert its best efforts in providing such Services and, will
comply with all policies, standards and regulations of NCH as are from time to time
established, including, but not limited to policies and procedures regarding
confidentiality, information security, standards of behavior and customer service.
5. Licenses, Fees and Dues.
The Contractor will be solely responsible for obtaining and paying for licenses,
dues to professional societies and associations and fees which are necessary to permit the
Contractor to render services hereunder, or which, though not necessary, are reasonable
and desirable to assist the Contractor in rendering services hereunder.
6. Conflict of Interest.
It is the responsibility of the Contractor to carry out the Services under this
Agreement honestly and economically and to exercise its best care, skill and judgment for
the benefit of NCH and its patients. The Contractor shall sign and abide by the Conflict
of Interest Statement attached as Exhibit "A ".
7. Information and Records.
The Contractor shall not disclose information relating to the business of NCH or
its affiliates to persons other than the management of NCH or such governmental or
private accreditation or licensing bodies and third party reimbursement agencies with
whom NCH has directed or authorized the Contractor to deal, unless NCH shall have
given written consent for the release of information or unless required by law. The above
shall be deemed to include any information kept in the normal business of NCH. Records
connected with Services provided by the Contractor pursuant to this Agreement are and
shall remain the property of NCH. To the extent and only to the extent required by law,
until the expiration of four years after the furnishing of the Services provided under this
Agreement, Contractor will make available to the Secretary of the U.S. Department of
Health and Human Services, the U.S. Comptroller General, and their representatives, this
Agreement and all books, documents, and records necessary to certify the nature and
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extent of the costs of those Services. If Contractor carries out its duties through a
subcontract worth $10,000 or more over a 12 -month period with a related organization,
the subcontract will also contain an access clause to permit access by the Secretary,
Comptroller General, and their representatives to the related organization's books and
records. The Contractor will notify Naples immediately of any such request.
8. Relationship Between Parties.
The parties acknowledge that Contractor is an independent contractor and not a
joint venturer, partner, employee or agent of NCH by virtue of this Agreement. NCH has
no control over the manner or method by which the Contractor meets its obligations
under this Agreement; provided, that the Contractor Services shall be performed in a
competent and efficient manner in accordance with current professional standards and
also that is in compliance with the policies of NCH. NCH will not withhold for the
Contractor any sums for income tax, Social Security, unemployment insurance or any
other employee withholding, nor will NCH offer the Contractor any employee benefits
including, without limitation, pension benefits, worker's compensation coverage and
death and disability insurance. As between NCH and the Contractor, the Contractor shall
be solely responsible for all employment related withholdings and benefits.
9. Termination of Agreement.
9.1 Termination for Cause. This Agreement may be terminated at any
time during the term, by either party immediately and without written notice, upon a
material breach of this Agreement by the other party.
9.2 Termination Without Cause. This Agreement may be terminated
without cause at any time during the term by either party giving the other party thirty (30)
days written notice.
9.3 Termination by Mutual Consent. The Contractor and NCH may agree
in writing to terminate this Agreement at any time.
9.4 Effective Date of Termination. The "Effective Date of Termination"
shall mean the day following the last day on which the Contractor actually performs
Services for NCH.
9.5 Advancement of Effective Date of Termination. The recipient of a
notice of intent to terminate (as opposed to the one giving such notice) shall have the
right to accelerate or advance the Effective Date of Termination to any intermediate date
by giving the other party written notice of the advanced Effective Date of Termination.
9.6 Services During Interim. Between the date of the Notice of Intent to
Terminate and the Effective Date of Termination, the Contractor shall continue to render
Services required under this Agreement as more particularly set forth in this Agreement.
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9.7 Compensation. In the event of the termination of this Agreement, only
that compensation accruing to the Contractor as of the Effective Date of Termination
shall be payable by NCH to the Contractor.
10. Notices.
Any notice required to be given under this Agreement shall be sufficient if sent in
writing to the party to be charged with such notice, and if sent by certified mail, return
receipt requested, to such party's last known address.
11. Conformity with Laws.
This Agreement shall be governed in all respects and construed in accordance
with the laws of the State of Florida. If any provision of this Agreement is held to be
invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in
full force and effect. Any suit, action or proceeding with respect to this Agreement shall
be brought in the Circuit Court for the Twentieth Judicial Circuit in and for Collier
County, Florida. In the event that any party brings an action to enforce its rights under
this Agreement then the prevailing party in that action shall be entitled to recover its
reasonable attorneys' fees and costs.
12. Amendments.
This Agreement may only be amended by an agreement in writing signed by the
Contractor and NCH.
13. Assignment.
This Agreement and the Contractor rights and obligations hereunder may not be
assigned by the Contractor without the express written consent of NCH.
14. Waiver.
A failure by either party to insist upon the strict performance of any covenant,
term or condition of this Agreement or to exercise a right or remedy shall not constitute a
waiver. No waiver of any breach shall affect or alter this Agreement, but each and every
covenant, condition and term of this Agreement shall continue in full force and effect
with respect to any other existing or subsequent breach.
15. Indemnification and Insurance
The Contractor and NCH shall indemnify each other for and against any liability
arising out of the acts or omissions of the other party, their agents or employees.
Contractor shall maintain in force General Liability insurance covering the Services the
contractor provides pursuant to this Agreement in at least such minimum amounts and
terms as may be required by NCH. Contractor shall furnish satisfactory evidence of such
insurance coverage to NCH upon request. The provisions of this section shall survive
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the expiration or termination of this Agreement. Collier County's liability is subject to
the limits of Section 768.28, Fla. Stat.
16. Complete Agreement.
The parties' intention is that this Agreement constitutes a fully integrated
document and, that it sets forth the full and complete agreement of the parties as to the
matters set forth herein. Each party hereby acknowledges and declares that, aside from
the matters specifically set forth herein, there are no other representations, covenants,
promises or agreements which included any parties' execution of this Agreement. By
executing this Agreement, each party further hereby acknowledges and declares that they
have had the full benefit of the advice and counsel of an attorney at law of its own
choosing (or adequate opportunity to seek such advice and counsel) and that this
Agreement has been entered into freely, voluntarily and with a full understanding and
appreciation of the rights and obligations hereby created.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day, month, and year first above written.
NCH Healthcare System, Inc. Contractor
Date:
Date:
AMST.
t3WIGHT E. BROCK, Clerk
$y:
Approved as to form and legal sufficiency:
lleen M. Greene
Assistant County Attorney
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C7
EXHIBIT "A"
CONFLICT OF INTEREST STATEMENT
2/25/2014 16.D.2.
1. The Contractor shall exercise the utmost good faith in her duties to NCH and its
property. In Contractor dealings with and on behalf of NCH, Contractor shall be
held to a strict rule of honest and fair dealing. Contractor shall not use its
position, or knowledge gained therefrom, in such a way that a conflict might arise
between the interest of NCH and that of the Contractor.
2. All acts of the Contractor shall be for the best interest of NCH.
3. The Contractor shall not accept gifts, favors, or hospitality that might influence its
decision - making or actions affecting NCH.
4. Although it is recognized that a degree of duality of interest may exist from time
to time, such duality shall not be permitted to influence adversely the decision -
making process of NCH. To this end, the Contractor shall promptly report the
possible existence of a conflict of interest for itself or any other person who may
have a conflict. The report shall be made to the CEO, if not disclosed herein.
5. A full disclosure to the CEO of NCH of all facts pertaining to any action that is
subject to any doubt concerning the possible existence of a conflict of interest
shall be made before consummating the action.
I understand the above and, unless noted below, I am unaware of any current conflicts of
interest that would relate to my duties described in this agreement.
Tom Henning, Chairman
Date:
Exhibit "A"
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