Loading...
Agenda 10/25/2016 Item #16D10 16.D10. 10/25/2016 EXECUTIVE SUMMARY Recommendation to approve an agreement with Collier County Child Advocacy Council, Inc. to provide for mandated services identified under Florida Statute 39.304(5) for FY 16/17 (Fiscal impact$80,000). OBJECTIVE: To contract with Collier County Child Advocacy Council, Inc. (CCCAC) to meet the obligations in Section 39.304(5), Florida Statute, and for the Board to approve an exemption from formal competition for this purchase. CONSIDERATIONS: The County has contracted with the CCCAC to pay the cost for the initial forensic physical examination and medical consultation services for allegedly abused, neglected, or abandoned children residing in Collier County, as mandated by Florida Statutes 39.304(5), since 1990. Per Florida Statute 39.304(5): "The county in which the child is a resident shall bear the initial costs of the examination of the allegedly abused, abandoned, or neglected child; however, the parents or legal custodian of the child shall be required to reimburse the county for the costs of such examination, other than an initial forensic physical examination as provided in s. 960.28, and to reimburse the department for the cost of the photographs taken pursuant to this section. A medical provider may not bill a child victim, directly or indirectly, for the cost of an initial forensic physical examination." This provision is incorporated into the agreement. The contract is for a one-year period, commencing on October 1, 2016 and terminating on September 30, 2017, with three additional one-year renewal options. The actual expenditure for FY 14/15 was $59,775 and the to-date expenditures for FY 15/16 are$75,525. FISCAL IMPACT: Funds in the amount of$80,000 for this service agreement are appropriated in the FY 17 budget under the General Fund(001). GROWTH MANAGEMENT: There is no growth management impact from this recommendation. LEGAL CONSIDERATIONS: This Agreement is approved for form and legally and requires a majority vote for approval. -JAB RECOMMENDATIONS: That the Board of County Commissioners approves the agreement with Collier County Child Advocacy Council, Inc. for State-mandated services. Prepared by: Lisa N. Can,Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1.Collier County Child Advocacy Mandated Services Contract (PDF) Packet Pg. 1557 16.D.10 10/25/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.10 Item Summary: Recommendation to approve an agreement with Collier County Child Advocacy Council, Inc. to provide for mandated services identified under Florida Statute 39.304(5) for FY 16/17 (Fiscal impact$80,000). Meeting Date: 10/25/2016 Prepared by: Title: Grants Coordinator—Community&Human Services Name: Lisa Carr 10/04/2016 3:23 PM Submitted by: Title: Division Director-Cmnty&Human Svc—Public Services Department Name: Kimberley Grant 10/04/2016 3:23 PM Approved By: Review: Community&Human Services Maggie Lopez Additional Reviewer Completed 10/04/2016 4:23 PM Community&Human Services Lisa Oien Additional Reviewer Completed 10/04/2016 4:33 PM Community&Human Services Georgia Regis Additional Reviewer Completed 10/04/2016 4:40 PM Public Services Department Kimberley Grant Additional Reviewer Completed 10/04/2016 4:55 PM Public Services Department Amanda O.Townsend Additional Reviewer Completed 10/05/2016 8:42 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/10/2016 12:01 PM Grants Erica Robinson Level 2 Grants Review Completed 10/10/2016 3:37 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/11/2016 4:58 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/13/2016 12:19 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/13/2016 1:33 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/13/2016 1:45 PM Grants Therese Stanley Additional Reviewer Completed 10/14/2016 8:38 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/14/2016 12:59 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM Packet Pg. 1558 16.D.10.a THE COLLIER COUNTY BOARD OF COMMISSIONERS AND U COLLIER COUNTY CHILD ADVOCACY COUNCIL,INC. co 0 C.) r-- THIS THIS AGREEMENT, made and entered into on this day of , 2016 th by and between the Collier County Child Advocacy Council, Inc. (hereinafter referred ›- to to as the "CCCAC"), a not-for-profit Corporation, under agreement with the State of Florida, Department of Children and Families, providing coordination of the Child Protection Team of Collier County (hereinafter referred to as "CPT") authorized to do business in the State of Florida whose business address is 1036 Sixth Avenue North, o Naples,Florida 34102, and Collier County,a political subdivision of the State of Florida, U Collier County, Naples, hereinafter call the "County": ra U 0 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing ¢ on October 1, 2016 and terminating on September 30, 2017. The County may, at its discretion and with the consent of the CCCAC, renew the Agreement under all of the 0 terms and conditions contained in this Agreement for three (3) additional one (1) year c periods. The County Manager or his designee may extend this Agreement for up to one U hundred eighty (180) additional days following expiration of the original or subsequent one (1) year terms. The County shall give the CCCAC written notice of the County's �, intention to extend the Agreement term not less than ten (10) days prior to the end of U the Agreement term then in effect. N 1. SCOPE OF WORK: The CCCAC will provide the following services inas as accordance with Florida Statute§ 39.304 (5), attachment A: 0 A. Provide initial forensic physical examination and medical consultation v services for abused or neglected children who are residents of Collier County — pursuant to Section § 39.304(5), Florida Statutes, or conduct a medical records tt) review in cases where such a review can serve in place of an initial forensic a) physical examination. cv a B. Possess, maintain and keep current any and all necessary license(s) required es by governmental authorities. o C. Maintain adequate fiscal accounting procedures in accordance with generally < accepted accounting principles. Maintain all financial records, documentation, U and reports relating to funds paid under this Agreement. c D. Allow inspection, review or audit of these records by County personnel upon S; reasonable notice, subject to the confidentiality requirements of Chapter 39, 0" Florida Statutes. CCCAC will provide the County with the privacy, security and a c� is c I w -Child Advocacy Agreement for t Mandated Services d Packet Pg. 1559 16.D.10.a audit protocol agreement forms from the Department of Health (DH) and the Department of Children and Families (DCF) and the County will execute said v forms. isY 0 E. Retain all books, records and other documents relative to this Agreement for N. three (3) years after final payment. 6 F. CCCAC shall receive reimbursement for those medical services pursuant to u - Section 39.304(5), Florida Statutes in accordance with Paragraph 3,compensation, of this Agreement. 3 0 U G. The CCCAC shall pay from its own account the initial forensic physical examination and medical consultations costs to the providers of medical cu diagnosis and evaluation services for each child abuse or neglect case and seek ° reimbursement from the County in accordance with the Compensation section of this agreement. U A H. The county in which the child is a resident shall bear the initial costs of the c examination of the allegedly abused, abandoned, or neglected child;however, o the parents or legal custodian of the child shall be required to reimburse the 3 county for the costs of such examination, other than an initial forensic physical 0 examination as provided in s. 960.28, and to reimburse the department for the 0 cost of the photographs taken pursuant to this section. A medical provider may not bill a child victim,directly or indirectly, for the cost of an initial forensic CV physical examination. L I. Before execution of this Agreement, the CCCAC shall furnish the County with c° copies of its current contracts between the CPT and its medical provider(s), and 0 copies of its contracts with DCF relating to the CPT. Any amendments or new - agreements executed during the term of this agreement between CPT and its cn medical provider(s) or DCF shall be immediately forwarded to the County. a) TT J. The CCCAC shall act as an independent entity and not as an agent of the i County in operating the aforementioned service. >, 0 co U 0 3. COMPENSATION. The County shall reimburse the CPT at the fixed rate oflc three hundred fifty dollars ($350.00) for initial forensic physical examination and -0 administrative costs. The County shall also reimburse the CPT at the fixed rate of one v hundred twenty five dollars ($125.00) for a medical consultation where such a consultation can serve in place of an initial forensic physical examination. However, the c County shall in no instance be required to pay for both an initial forensic physical ci examination and a medical consultation. A medical consultation may be provided 3 when a physical evaluation has already been performed by a non-CPT medical U to. 2 —Child Advocacy Agreement forF Mandated Services ro 4 Packet Pg. 1560 16.D.10.a provider. A medical consultation involves situations where the child protective investigator (or court) requests CPT to assist with a medical opinion. A medical consultation must result in a typed report that references all the pertinent history, examination findings and laboratory/imaging studies used to reach the medical co conclusions. The CPT medical record must include copies of the relevant records and N. reports used to arrive at the medical opinion. U- 0 C 3.1. Crimes Victim's Services is to be billed for all situations covered under 2011 Florida Statutes § 960.28, see Attachment B. If denied, the invoice will include c documentation of denial. The County will be billed at the time denial is received by o 0 CCCAC. If reimbursement from Crimes Victim's Services is received by the CCCAC at v any time after the County has paid CPT invoices, CCCAC shall then reimburse the o County for any Crimes Victim's Services monies received. Said reimbursement shall > reference the case number for which the reimbursement is being provided. < t 3.2 There shall be a quarterly invoice which shall reference an invoice ; 16.D.10.a Fax: 239-263-7931 All notices from CCCAC to the County shall be deemed duly served if mailed or faxed 2. to the County to: U Community and Human Services 3339 Tamiami Trail East, Suite 211 >- Naples, Florida 34112 0 Attn: Kimberley Grant Phone: 239-252-6287 0 Fax: 239-252-2638 cc a The CCCAC and the County may change the above mailing address at any time upon o giving the other party written notification. All notices under this Agreement must be in a writing. -0 s 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as a creating a partnership between the County and CCCAC or to constitute CCCAC as an c a agent of the County. L N 7. SUBCONTRACTS. Any work or services subcontracts by the CCCAC shall be 75 specifically by written contract or agreements, and such subcontracts shall be subject to v each provision of this Agreement and applicable County, State, and Federal guidelines r and regulations. Prior to execution by the CCCAC of any subcontract hereunder, such �' ri subcontracts must be submitted by the CCCAC to Housing and Human Services for its review and approval. None of the work or services covered by the Agreement, o including but not limited to consultant work or services, shall be subcontracted by the c.) CCCAC or reimbursed by the County without prior written approval of the Housing a and Human Services Director or her designee. to 8. AMENDMENTS. This Agreement may not be amended unless in writing G) executed by all parties to the Agreement. If either of the parties is unable to perform c due to a change in State or federal law (or the issuance of a court order) that materially g changes the terms of the Agreement, either party may postpone performance upon 0 providing the other party written suspension of the Agreement until the parties agree o upon an amendment that conforms to the change in law; or, alternatively, terminate this e Agreement as provided in numbered paragraph 11. If Collier County notifies CCCAC -0 that it is suspending the Agreement, Collier County shall still be responsible for payment for all services provided by CCCAC or expenses incurred by CCCAC or expenses which CCCAC is obligated to pay through the date of suspension. Any o amendments to this Agreement shall be in compliance with the County Purchasing o Policy and Administrative Procedures in effect at the time such modifications are °' 0 authorized. v 4 w —Child Advocacy Agreement forE Mandated Services � d Packet Pg. 1562 16.D.10.a 9. PERMITS; LICENSE; TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by CCCAC. Payment for all such permits issued by the County shall be processed internally by the u0 County. All non-County permits necessary for the prosecution of the Work shall be is- procured procured and paid for by CCCAC. The CCCAC shall also be solely responsible for cb payment of any and all taxes levied on the CCCAC. In addition, CCCAC 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 CCCAC agrees to comply with all = laws governing the responsibility of an employer with respect to persons employed by CCCAC. 0 10. NO IMPROPER USE. The CCCAC will not use, nor suffer or permit any person o to use in any manner whatsoever, county facilities for any improper, immoral or 73 offensive purpose or for any purpose in violation of any federal, state, county or -0 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 w by the CCCAC or if the County or its authorized representative shall deem any conduct on the part of the CCCAC to be objectionable or improper, the County shall have the coy right to suspend the contract of the CCCAC. Should CCCAC fail to correct any such CD 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 CCCAC further agrees not to commence N operation during the suspension period until the violation has been corrected to the satisfaction of the County. Y 0 11. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or 0 individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, ai service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Co Administrative Procedure 5311. Violation of this provision may result in one or more ofas the following consequences: a. Prohibition by the individual, firm, and/or any t3 employee of the firm from contact with County staff for a specified period of time; b. g Prohibition by the individual and/or firm from doing business with the County for a as specified period of time, including but not limited to: submitting bids, RFP, and/or o quotes; and, c. immediate termination of any contract held by the individual and/or 0 firm for cause. -0 1E U 12. TERMINATION. Should CCCAC or the County be found to have failed to perform its services in a manner satisfactory to the County or CCCAC as per this o Agreement, the non-defaulting party shall notify the defaulting party in writing and U give the non-defaulting party a reasonable opportunity to cure the default. If the °? default is not timely cured by the defaulting party, the non-defaulting party may v 5 a) —Child Advocacy Agreement fors Mandated Services , o Packet Pg. 1563 16.D.10.a terminate this Agreement for cause. Either party may terminate this Agreement for convenience by providing the other party with a thirty (30) day written notice. rts 13. NO DISCRIMINATION. The CCCAC agrees that there shall be no 0 discrimination as to race, sex, color, creed or national origin. 14. INSURANCE. The CCCAC 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; 0 Independent Contractors; Products and Completed Operations and Contractual Liability. 0 B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and c� Non-Owned Vehicles and Employee Non-Ownership. 0 v C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. f6 Special Requirements: Collier County shall be listed as the Certificate Holder and o included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by CCCAC during the duration of this Agreement. Renewal certificates U) shall be sent to the County ten (10) 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. as CCCAC shall ensure that all subcontractors comply with the same insurance o requirements that he is required to meet. The same CCCAC shall provide County with certificates of insurance meeting the required insurance provisions. -� 15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the .› CCCAC shall indemnify and hold harmless Collier County, its officers and employees from Q any and all liabilities, damages, losses and costs, including, but not limited to, reasonable 0 attorneys' fees and paralegal fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CCCAC or anyone employed or utilized by the CCCAC i 6 °D —Child Advocacy Agreement for Mandated Services Q t Packet Pg. 1564 16.D.10.a 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. r 'E' This section does not pertain to any incident arising from the negligence of Collier County. r 16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing,Human and Veteran Services Department. 0 17. CONFLICT OF INTEREST: CCCAC represents that it presently has no interest and c shall acquire no interest, either direct or indirect, which would conflict in any manner with U the performance of services required hereunder. CCCAC further represents that no persons having any such interest shall be employed to perform those services. rao 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of 7. County Commissioners. 6 c 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this U agreement, the CCCAC is formally acknowledging without exception or stipulation that it ,,-, is fully responsible for complying with the provisions of the Immigration Reform and U 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 CCCAC to comply with the laws referenced herein r shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 6 a.. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, 8 or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement U shall remain in effect. cu cn 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be El added to this contract incompliance with the Purchasing Policy. asc i 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 CCCAC with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during v negotiations to County for approval. Failing resolution, and prior to the commencement of > depositions in any litigation between the parties arising out of this Agreement, the parties E shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit 8 Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CCCAC with full decision-making authority and by County's staff i� 70 —Child Advocacy Agreement for Mandated Services L044 v Packet Pg. 1565 16.D.10.a person who would make the presentation of any settlement reached at mediation to County'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. In the event litigation is initiated under this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, paralegal fees and costs, U including any appeals. 23. 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 E federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. ASSIGNMENT: CCCAC shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise o transfer this Agreement or any part herein, without the County's consent, shall be void. If CCCAC does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward CCCAC all of the obligations and iS responsibilities that CCCAC has assumed toward the County. If an assignment of this Agreement is approved by the County, CCCAC shall be relieved of all obligations under v this Agreement arising after any assignment. 0 ******:e*** d1 N N t4 0 V U) a) U } L Cl)M! CTS CC� r71 U f0 U 0 S 0 U Q) ,O V 8 —Child Advocacy Agreement for Mandated Services (c ro r Packet Pg. 1566 16.D.10.a IN WITNESS WHEREOF, the. CCCAC and the County, have each, respectively, by an authorized person or i-q.7ent, hereunder set their hands and seals on the date and Year first above written. r-- c.; BOARD OF COUNTY CONIN1ISS10NERH u_ DWIGHT E. BROCK. Clerk COLLIER COUNT\. FLORIDA (7) 0 B\ : ,Deput\ Clerk DONNA cliAIRNIAN Date: Approved as to form and legality: 0 LO ienniter A. Belpedio _ Assistant County Attorney U" /7- COLI IlLCOLN-I) CI-111.D ADVOCAC1 COUNCIL, INC. -- by: - aeLl ucli,nCC rittith .."7,.tephens, M.A. l'Aecuti -("Director a) CC 0 CC > a 0 0 je; ( hod:1,1\oc,iQ t‘r a) 0 CC 4.4 Packet Pg. 1567 16.D.10.a ATTACHMENT Aas c ti Florida Statute § 39.304(5) (5) The county in which the child is a resident shall bear the initial costs of the examination of >- the allegedly abused, abandoned, or neglected child; however, the parents or legal custodian of the child shall be required to reimburse the county for the costs of such examination, other than an initial forensic physical examination as provided in s. 960.28, and to reimburse the 3 department for the cost of the photographs taken pursuant to this section. A medical provider 0 may not bill a child victim, directly or indirectly, for the cost of an initial forensic physical examination. 0 > U >, a v 0 U e3' N N a.+ U CO -, 0 U N U U 0 N a.. C R U td U 0 > U w C 0 U 0 U 10 —Child Advocacy Agreement for E Mandated Services C5* It 4— 4— Packet Pg. 1568 16.D.10.a ATTACHMENT B Florida Statute § 960.28 Payment for victims' initial forensic physical examinations. Fo0 (1) A medical provider who performs an initial forensic physical examination may not bill a I- victim or the victim's parent or guardian if the victim is a minor directly or indirectly for that r examination. u (2) The Crime Victims' Services Office of the department shall pay for medical expenses u_ connectedwith an initial forensic physical examination of a victim of sexual battery as defined in chapter 794 or a lewd or lascivious offense as defined in chapter 800. Such payment shall be made regardless of whether the victim is covered by health or disability insurance and whether the victim participates in the criminal justice system or cooperates with law enforcement. The 0 payment shall be made only out of moneys allocated to the Crime Victims' Services Office for the purposes of this section, and the paymentmay not exceed$500 with respect to any violation. ° The department shall develop and maintain separate protocols for the initial forensic physical >> examination of adults and children. Payment under this section is limited to medical expenses < connected with the initial forensic physical examination, and payment may be made to a medical provider using an examiner qualified under part I of chapter 464, excluding s. 464.003(16); (-) chapter 458; or chapter 459. Payment made to the medical provider by the department shall be C' considered by the provider as payment in full for the initial forensic physical examination a associated with the collection of evidence. The victim may not be required to pay, directly orFii indirectly, the cost of an initial forensic physical examination performed in accordance with this a section. (3) The department may allow, deny, controvert, or litigate claims made against it under this .. cv section. (4) Information received or maintained by the department identifying an alleged victim who seeks payment of medical expenses under this section is confidential and exempt from the E provisions of s. 119.07(1). ' 0 (5) A defendant or juvenile offender who pleads guilty or nolo contendere to, or is convicted U of or adjudicated delinquent for,a violation of chapter 794 or chapter 800 shall be ordered by the 0 court to make restitution to the Crimes Compensation Trust Fund in an amount equal to the .L compensation paid to the medical provider by the Crime Victims' Services Office for the cost ofen the initial forensic physical examination. The order may be enforced by the department in the 0 same manner as a judgment in a civil action. 0 2 >, 0 is oO .O Q Ts U >, a a O W O CJ .5 C 11E —Child Advocacy Agreement for 0 Mandated Services kc, i Packet Pg. 1569