Agenda 03/12/2013 Item #16D1 3/12/2013 16.D.1 .
EXECUTIVE SUMMARY
Recommendation to approve an agreement with Naples Community Health Care (NCH) System in
cooperation with the Safe and Healthy Children's Coalition of Collier County to provide water
safety instruction to Collier County youth identified with the SWIM Central Program in the
amount of$4,000.
OBJECTIVE: To provide swim lessons for children ages 4-5 with the SWIM Central curriculum to
assist with drowning prevention efforts in Collier County.
CONSIDERATIONS: NCH has formed an organization named the Safe and Healthy Coalition of
Collier County. The Coalition is represented by over 40 government and non-profit agencies with a goal
of creating programs to serve the unmet needs of Collier's children. The Parks and Recreation
Department is a member of the Coalition.
The SWIM Central program is designed to provide curriculum-based programming to provide water
safety for pre-kindergarten children ages 4-5. The program consists of sessions of ten, 30-minute lessons
over a two week period in order to evaluate each child's water safety skills. Once evaluated the children
are placed into appropriate groupings to develop their water safety skills. The program's primary goal is
to prevent drowning among children in this age group.
The Parks and Recreation Department employs lifeguards, water safety instructors, and provides swim
lessons for children of Collier County. The goal of the SWIM Central program is to provide this
instruction to 1,000 children ages 4-5 in Collier County. The Parks and Recreation Department along
with other like agencies in the community are geared to provide this instruction with existing staff and
facilities.
FISCAL IMPACT: Children identified for the SWIM Central program will come from Day Care
Centers in Collier County. It is estimated that 100 children will attend the program at a rate of$4 per
hour session with 10 hours of lessons for a total estimated cost of$40 per child. This rate will generate an
estimated revenue of $4,000 annually which NCH will compensate to Parks and Recreation. Direct
expenses for this program are estimated at $1,100 annually. All revenues and expenses are budgeted
within the Parks Unincorporated Area General Fund(111)budget.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires
majority vote, and is legally sufficient for Board action.—CMG
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
RECOMMENDATION: That the Board of County Commissioners approves the agreement and
authorize the Chairwoman to execute the contract to provide SWIM Central instruction at Parks and
Recreation facilities.
Prepared By:Natali Betancur, Operations Analyst, Parks and Recreation Department
Attachment(s):Independent Contractor Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve an agreement with Naples Community
Health Care (NCH) System in cooperation with the Safe and Healthy Children's Coalition of
Collier County to provide water safety instruction to Collier County youth identified with the
SWIM Central Program in the amount of$4,000.
Meeting Date: 3/12/2013
Prepared By
Approved By
Name: WilliamsBarry
Title: Director-Parks&Recreation,Parks&Recreation
Date: 1/29/2013 1:12:57 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 2/22/2013 1:43:09 PM
Name: CarneliSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 2/27/2013 12:56:06 PM
Name: GreeneColleen
Title:Assistant County Attorney,County Attorney
Date: 3/1/2013 4:49:58 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/4/2013 10:52:10 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/4/2013 6:01:01 PM
Name: OchsLeo
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Title: County Manager ,
Date: 3/4/2013 6:38:24 PM
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INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made this 12th day of March 2013, ("Effective Date"), by and
between NCH Healthcare System, Inc., a Florida not for profit corporation ("NCH") and
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY("Contractor").
WITNES SETH
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 March 27, 2013.
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 ossiw
Contractor to render services hereunder, or which, though not necessary, are reasonable 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.
CotstevCcurrt
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 shell 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,
i 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:
BOARD OF COUNTY
COMMISSIONERS, COLLIER
�`� COUNTY,FLORIDA
Bv: t//
By:
Vii, C°" `•'"`,, c4•t Georgia A. Hiller, Esq.
Chairwoman
Date: (f.1'2'/ Date:
•
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Cierk
Approved as to form and legal
.,'e ciency
(re
oileen M, Greene
Assistant County Attorney
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EXHIBIT "A"
CONFLICT OF INTEREST STATEMENT
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.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E.BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk Georgia A. Hiller,Esq.
Chairwoman
Approved as to form and legal
sufficiency:
',Been M. Greene
Assistant County Attorney
Exhibit "A"
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