#08-5083 (Heart of Adoptions Alliance, Inc.)1
AGREEMENT
for
Distribution of Choose Life License Plate Revenues
THIS AGREEMENT, made and entered into on this 9th day of
September 2008, by and between Heart of Adoptions Alliance, Inc., authorized to do business
in the State of Florida, whose business address is 418 West Platt Street, Suite B, Tampa,
Florida 33606 -2244, hereinafter called the "Distributor" and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. The Distributor shall commence the work upon receipt of the
Choose Life license plate funds, hereinafter "Funds" from the County.
The contract shall be for a twenty four (24) month period, commencing on
October 1, 2008, and terminating on September 30, 2010.
The County may, at its discretion and with the consent of the Distributor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional twelve (12) month periods. The County shall give the Distributor
written notice of the County's intention to extend the Agreement term not less than ten
(10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. Pursuant to Subsection 320.08058(29), Florida Statutes, the
County is authorized to receive armual use fees derived from the sale of Choose Life
license plates. Subsection 320.08058(29)b, Florida Statutes, provides that each county
shall distribute the Funds to nongovernmental, not -for- profit agencies within the
county, which agencies' services are limited to counseling and meeting the physical
needs of pregnant women who are committed to placing their children for adoption.
The Distributor shall receive Funds from the County for the Distribution of Choose Life
License Plate Revenues in accordance with Subsection 320.08058(29). This Agreement
contains the entire understanding between the parties and any modifications to this
Agreement shall be mutually agreed upon in writing by the Distributor and the County
project manager or his designee, in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such services are authorized.
Subsection 320.08058(29)(3) requires for each agency that receives such Funds must
submit an annual attestation to the County. Any unused Funds that exceed 10 percent
of the Funds received by an agency during its fiscal year must be returned to the
County, which shall distribute them to other qualified agencies.
Page I of 9
,16UT
3. THE CONTRACT SUM. Pursuant to Subsection 320.08058(29) (b), Florida Statutes, the
annual use fees shall be distributed to each county in the ratio that the aruival use fees
collected by each county bears to the total fees collected for the plates within the state.
COUNTY shall make disbursements to Distributor as follows:
a. Fifteen Thousand Nine Hundred and Seventy -Four and 01/100 Dollars ($15,974.01)
from the period beginning the date of this Agreement.
b. Twelve Thousand and 00/100 Dollars ($12,000) from October 1, 2008 through
September 30, 2009, or the balance of the revenue received from October 1, 2008
through September 30, 2009.
c. Twelve Thousand and 00/100 Dollars ($12,000) from October 1, 2009 through
September 30, 2010, or the balance of the revenue received from October 1, 2009
through September 30, 2010.
This schedule is subject to change annually if the number of applicants increases, or if the
annual distribution to the County decreases.
4. NOTICES. All notices from the County to the Distributor shall be deemed duly served
if mailed or faxed to the Distributor at the following Address:
Heart of Adoptions Alliance, Inc.
5633 Strand Boulevard, Suite 316
Naples, FL 34110
Atten: Ms. Daneille D. Stewart
Telephone: 239.594.2830
Facsimile: 239.5942838
All Notices from the Distributor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 3411.2
Attention: Steve Carnell, Purchasing/ General Services Director
Telephone: 239- 252 -8371
Facsimile: 239 - 252 -6584
The Distributor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement
must be in writing.
Page 2 of 9
16D37
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Distributor or to constitute the Distributor as
an agent of the County.
7. LICENSES: TAXES. The Distributor shall be solely responsible for payment of any and
all taxes levied on the Distributor. In addition, the Distributor shall comply with all
rules, regulations and laws of Collier County, the State of Florida, or the U. S.
Government now in force or hereafter adopted. The Distributor agrees to comply with
all laws governing the responsibility of an employer with respect to persons employed
by the Distributor.
8. NO IMPROPER USE. The Distributor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Distributor
or if the County or its authorized representative shall deem any conduct on the part of
the Distributor to be objectionable or improper, the County shall have the right to
suspend the contract of the Distributor. Should the Distributor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Distributor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Distributor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non - performance.
10. NO DISCRIMINATION. The Distributor agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
11. INSURANCE. The Distributor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Distributors; Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
Pa -c 3 of 9
3T
Special Requirements: Collier County shall be listed as the Certificate Bolder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Distributor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Distributor shall insure that all subDistributors comply with the same insurance
requirements that he is required to meet. The same Distributor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Distributor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Distributor or anyone
employed or utilized by the Distributor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Housing and Human Services Department.
14. CONFLICT OF INTEREST: Distributor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Distributor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A, Scope of Work; Exhibit B, Subsection 320.08058(29) Florida
Statutes, "Choose Life License Plates "; Distributor's Proposal and Insurance Certificate.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 1.12, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and /or any
Page 4 of 9
16037'
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and /or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this
agreement, the Distributor is formally acknowledging without exception or stipulation
that it is fully responsible for complying with the provisions of the Immigration Reform
and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating
thereto, as either may be amended. Failure by the Distributor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
19. VENUE. Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid,
or otherwise unenforceable, in whole or in part, the remaining portion of this
Agreement shall remain in effect.
21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added
to this contract upon satisfactory negotiation of price by the Contract Manager and
Distributor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Agreement to resolve disputes between the parties, the parties shall
make a good faith effort to resolve any such disputes by negotiation. The negotiation
shall be attended by representatives of Distributor with full decision- making authority
and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to
the commencement of depositions in any litigation between the parties arising out of
this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of Distributor with full decision -
making authority and by Owner's staff person who would make the presentation of
any settlement reached at mediation to Owner's board for approval. Should either
party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
Page 5 of 9
16D37 °'
IN WITNESS WHEREOF, the Distributor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
. Brock,Cler.g# Courts
Dated:
(SEAL)
BOARD OF COUNTY COMMISSIONERS
COLLIER CO , FL RIDA
By: .
Tom Henning, Chairman
Heart of Adoptions Alliance, Inc.
KO By: 0 J4.6 <t-fik -
. — 4'1 Onne Trudeau Tate
Type/ print witness name
econd Witness
Type/ print witness name
Approved as to form and
legal sufficiency:
Assistant County Attorney
OA� (Pen 6-e'eri:,
Print Name
Page 6 of 9
. i
CAAINC T. TA-lz"t
Typed signature and title
16D37
Exhibit A
Scope of Work
Distribution of Choose Life License Plates Revenues
County will be responsible for the administration and disbursement of the funds generated
from the Choose Life License Plate Revenues, to all qualified agencies in Collier County.
Distributor will not charge an administration fee for this service. Any unused funds that
exceed 10% of the funds received by a qualified agency during its fiscal year must be
returned to County, who shall then redistribute the monies to the other qualified agencies.
Distributor shall provide the Director of Housing and Human Services with a year -end
report and copies of all financial records relating to this Agreement. Maintain books, records,
documents and other evidence and accounting procedures and practices, which fully and
properly reflect all direct and indirect costs of any nature expended in the performance of
this Agreement. Have relevant records available for inspection and /or audit at no charge to
the COUNTY for up to three (3) years. Maintain adequate fiscal accounting procedures.
Distributor will submit an annual attestation to Collier County.
Services provided under this program must be in accordance with Florida Statutes
320.08058(29) Services are limited to counseling and meeting the physical needs of pregnant
women in Collier County. At least 70 percent of the funds must be used for direct material
needs of clients including housing, clothing, medical care, food, utilities, and transportation.
Such funds may also be expended on infants awaiting placement with adoptive parents. A
maximum of 30 percent of the funds may be used for adoption, counseling, training, and
advertising.
Services provided under this program may not involve or be associated with any abortion
activities and clients may not be charged for services.
Ineligible activities under this project include administrative expenses, legal expenses, and
capital expenditures.
The Distributor shall assume the entire responsibility for providing service under this
Agreement.
The Distributor shall be responsible for the means, methods, techniques, sequences and
procedures relating to the Project.
The Distributor agrees to assign a representative or agent to the Project during the term of
the Project so that the County may effectively coordinate its services with Distributor. The
Distributor's representative or agent under this Agreement shall be any individual that the
Distributor recommends to the County and. the County henceforth approves. Moreover, the
Distributor's representative or agent under this Agreement, shall act as Distributor's contract
authority under this Agreement and any directions, instructions, or notifications given such
Page 7 of 9
16D37
Exhibit A, Continued
representative or agent by the County or by the County's authorized representative or agent
shall be in full force as if given directly to the Distributor. The above notwithstanding, the
County shall endeavor to issue directives, instructions, or notifications relating to the Project
directly to the Distributor.
Distributor shall administrate all paperwork required to perform services, which shall
include but not be limited to, memoranda, reports, forms, and correspondence as well as any
Project clarifications and changes, which may be necessary during the Project. If any such
changes directly affect the County, the Distributor shall notify the County's representative,
and if the County approves such changes in writing, the County shall forthwith prepare
Change Orders and /or Supplemental Agreement documents as appropriate.
Distributor shall be a non - governmental, not- for - profit agency within Collier County in
which the agency's services are limited to counseling and meeting the physical needs of
pregnant women who are committed to placing their children for adoption.
End of Exhibit A
Page 8 of 9
16D37
Exhibit B
Subsection 320.08058(29) Florida Statutes, "Choose Life License Plates"
(a) The department shall develop a Choose Life license plate as provided in this section. The
word "Florida" must appear at the bottom of the plate, and the words "Choose Life" must
appear at the top of the plate.
(b) The annual use fees shall be distributed annually to each county in the ratio that the
amhual use fees collected by each county bears to the total fees collected for the plates within
the state. Each county shall distribute the funds to nongovernmental, not - for - profit agencies
within the county, which agencies' services are limited to counseling and meeting the
physical needs of pregnant women who are committed to placing their children for adoption.
Funds may not be distributed to any agency that is involved or associated with abortion
activities, including counseling for or referrals to abortion clinics, providing medical
abortion - related procedures, or proabortion advertising, and funds may not be distributed to
any agency that charges women for services received.
1. Agencies that receive the funds must use at least 70 percent of the funds to provide for the
material needs of pregnant women who are committed to placing their children for adoption,
including clothing, housing, medical care, food, utilities, and transportation. Such funds may
also be expended on infants awaiting placement with adoptive parents.
2. The remaining funds may be used for adoption, counseling, training, or advertising, but
may not be used for administrative expenses, legal expenses, or capital expenditures.
3. Each agency that receives such funds must submit an annual attestation to the county.
Any unused funds that exceed 10 percent of the funds received by an agency during its fiscal
year must be returned to the county, which shall distribute them to other qualified agencies.
Page 9 of 9
F - COMMERC I , �srted.n Agsu"-T 14 h K044
Spa, YL 33b24- aGS3
earn
a.
COVBRAQE9,
ClA1Ml01Ml�
irllf IY • mV t�Yaa+
amuG7101IL
►MOr6DAIWY z
BODILY IMMY =
Y ?7,M' ft1��w
Adupti.aas Agea'�CY
.w
co &*,No pLa
CIS ayve
1 GORY DAY& kwvo VNIMreR ON
3. �Vj(P�AOOU
♦. riA5 TAN. GoVCRA6f. PUwplA5 CD U�� ANY
PRE�OU9 POUCY'!
g f. L UUABu11UIY SES; I
0%4 XgW% or Adart!"S, '310
*AM
so"
L
i Willa
dime
l4) mT� GosT - Pat N AOiO�'�
w�.d.daloNS • aHn. �AOwo�
rA=
16037
m —r
- �(Y 53SI21d2l31N3 )flL' 88(,Z(966t8 E0 :5C f6►3G1L�f0m
80/96 3%d
i
i
7A)7e ��dd 00LZ556£t8 80 :Z1 89�Z/LZ/89
�NI S3ST2ld31N3 71�f!
T nnHJ CA In I JnCfH Jn IvH7u ornc"r7C TO hn'CT OOn7 /77 /On
16u37
Endorsement No: 1
GENERAL CHANGE ENDORSEMENT
This endorsement forms a part of the Policy to which attached, effective from
its date of issue unless otherwise stated herein.
Policy Number' GPPSC6178 Policy Period Inception: 09 -20 -07
Expiration, 09 -20 -08
Issued to: Heart of Adoptions, Inc.
tandard Time
Effective from: 8 -07 -o8 12:01
In consideration of additional premium of y:
F B 100.008
General Liability -p1CG 07CWN297 Markel Provided 5.00
Surplus Lines Tax 0,10
Service Office Fee
FHCF Fee
1.00
Total Amount 106.10
it is agreed that as of the effective date hereof, the policy is hereby
amended in the following particulars:
The following additional insured has been added:
Collier County
3301 E. Tamiarni Trail
Naples, FL 34112
PERSONS
THIS INSURANCE ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW
INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA
INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR OBLIGATION OF
AN INSOLVENT UNLICENSED INSURER.
/RLS
A11 other terms and conditions remain =changed.
Issued' ° -15 -08 Clearwater Underwriters,Inc
At: Clearwater FL 33765
JLK Enterprises, Inc. Surplus Line agent: Donald E Waters
5223 Ehrlich Rd. License No: A27 11403
Suite B
Tampa FL 33034 Countersignature:
Agent Name: Joseph Kerstei_ A140G87
ORIGINAL Copy (OMN17EF00 1 1- 0 30 80 7/0 8 08 1sow)
f•
58 (Policy Provisions: WC 00 00 00 A)
75
r JC INFORMATION PAGE
WEG WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY
INSUREW HARTFORD UNDERWRITERS INSURANCE COMPANY
HARTFORD PLAZA, RARTPORU, CONNECTICUT 06115
N
0
0
0
00
Ln
Ln
v
h
r
a
CD
Ln
rt
NCCI Company Number: 10955
Company Code: 6
POLICY NUMBER: 1 76 WEG JC7558
Previous Policy Number: 76 WEG JC7558
HOUSING CODE: 76
1. Named Insured and Mailing Address: JEANNE T TATE P A
(No , Street, Town, State, Zip Code)
FEIN Number, 593541284
State Identification Number(s):
418 W PLATT.STREET SUITE H
TAMPA, FL 33606
The Named Insured is: CORVORATION
Business of Named Insured: ATTORNEYS OFFICES
Other workplaces not shown above: 418 W PLATT STREET SUITE 23
TAMPA FL 33606
2. Policy Period: From 03/31/07 To 03/31/08
12:01 a.m., Standard time at the insured's mailing address.
Producer's Name: PAYCHEX AGENCY, INC
308 FARMINGTON AVE
FARMINGTON, CT 06032
Producer's Code: 210703
Issuing Office; THE HARTFORD
308 FARMINGTON ANTE
FARMINr.TnN
(877) 267 -1312
Total Estimated Annual Premium:
Deposit Premium:
$3,232
Policy Minimum Premium: $227 FL
CT 06032
Audit Period- ANNUAL Installment Term:
The policy is not binding unless countersigned by our authorized representative.
—�Aaw �- '(-. A-pj,-
Authorized Representative
Form WC 00 00 01 A (1) Printed in U.S.A.
Process Date: 02/03/07
THE
HART
16n37
IC
Page 1 (Continued on next pag }
Policy Expiration Date: 03/31/08
ORIGINAL I
TLS 71CMA QHnT 1,4 nTH 4n I N"-A ! RCGFhC7FTR PP :CT PCIP7 /AT IPP
N.
LO
r
N
O
0
0
Ln
Ln
u
h
�n
r
0
0
Ln
M
s�
a�
c
16D37
INFORMATION PAGE (Continued) Policy Number: 76 WEG JC7556
3. A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensatio ' Law of the
states listed here: FL
B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Ite 3.A.
The limits of our liability under Part Two are:
Bodily injury by Accident $100,000 each accident
Bodily injury by Disease 5500, 000 policy limit
Bodily injury by Disease $100,000 each employee
C. other states Insurance: Part Three of the policy applies to the states, if any , listed here:
ALL STATES EXCEPT MD, OH, WA, WV, WY, AND
STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE.
D. This policy includes these endorsements and schedule:
WC 00 03 08 WC 09 04 03 WC 00 04 14 WC 00 04 19 WC 09 06 06
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rats and Rating
Plans. All information required below is subject to verification_ and chan,ne by audit..
Classifications
Code Number and
Description
Premium Basis
Total Estimated
Amival
Remuneration
Rates Per
$100 of
Remuneration
Estimate
Annual
Premium
i3H20
777,400
.36
2, 79
LAW OFFICE - ALL EMPLOYEES & CLERICAL
MESSENGERS, DRI'V'ERS
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM
2,79
EXPENSE CONSTANT (0900)
209
FOREIGN TERRORISM (9740)
777,400
.030
23�
TOTAL ESTIMATED ANNUAL PREMIUM
3,232
Total Estimated Annual Premium: $3,232
Deposit Premium:
Policy Minimum Premium: $227 EL
Interstate /Intrastate Identification Number:
Labor Contractors Policy Number:
NAICS: 541110
SIC: 8111
Form WC 00 00 01 A (1) Printed in U.S.A. Page 2
Process Date: 02/03107 Policy Expiration Date: 03/3 /08
7.Gi �c]t7 1 gHnT 14n(TH 4n i>4ki -E-1 CT PL?P7 /AT /RGi