Agenda 09/25/2012 Item #16D2 Proposed Agenda Changes
Board of County Commissioners Meeting
September 25,2012
Request to hear Item 10A immediately before Item 14A1. (Commissioner Hiller's request)
Add Item 10K: Consideration of impending vacancy on the Collier County Planning Commission for District 5
representative. (Commissioner Coletta's request)
Withdraw Item 11D: This is a quasi judicial hearing.This item requires that ex parte disclosure be
provided by Commission members and all participants are required to be sworn in. Recommendation to hear
testimony from American Medical Transport and the public to determine the need for an additional Class 2
post-hospital inter-facility transport ambulance transfer service in Collier County. (Applicant's request)
Withdraw Item 11E: Recommendation to approve the Site Improvement Plan and authorize the Chair to
sign the Compliance Agreement for Star Mobile Home Park located at 1507 Immokalee Drive,Immokalee,
Florida. (Staff's request on behalf of property owner)
Move Item 16A7 to Item 11J: Recommendation to accept a schedule to review past staff clarifications of the Land
Development Code(LDC)and to accept specific Staff Clarifications attached to this Executive Summary.
(Commissioner Hiller's request)
Add Item 11K: Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of
County Commissioners and Office of the County Attorney into Fiscal Year 2013,allowing for final revisions to the
proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9,
2012. (Staff's request)
Withdraw Item 16C1: Recommendation to approve a time and materials contract with Agnoli Barber& Brundage
in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312
Professional Services During Construction," Project Number 72549. (Staff's request pending resolution of a bid
protest)
Continue Item 16D5 to the October 9,2012 BCC Meeting: Recommendation to accept the Conservation Collier
Annual Report. (Staffs request)
Continue Item 16D6 to the October 9,2012 BCC Meeting: Recommendation to approve and authorize the
Chairman to execute a Resolution repealing Resolution No.2009-296 and a Resolution establishing a revised
Collier County Public Library Fees and Fines Schedule. (Staffs request)
Move Item 16D9 to Item I IL: Recommendation to comply with a Housing and Urban Development(HUD)
payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block
Grant(CDBG)project subawarded to Habitat for Humanity(HFH)and authorize any necessary budget
amendments. (Commissioner Hiller's request)
Withdraw Item 16G1: Recommendation to approve a License Agreement with United Circus Operating Co.,Inc.
d/b/a The Kings Bros Circus at the Immokalee Airport for a one(1)day circus event. (Staff's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
September 25,2012
Page 2
Withdraw Item 17C: Recommendation to adopt proposed changes to Ordinance No.91-65,of the
Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise
clarify terms. (Staff's request)
Note:
Item 16D2: The second sentence in the Considerations section of the
Executive Summary should read: "Per Florida Statutes subsection
39.304(5), the parents, legal guardians, or legal custodians are required to
reimburse the County for the costs of such initial allowable
examinations". (Staff's request)
Time Certain Items:
Item 9B to be heard at 5:05 p.m. (Bayshore Triangle CRA Amendments and Wellfield and related Amendments)
Item 10I to be heard at 1:05 p.m.
Item 11C to be heard at 10:00 a.m.
Item 12A to be heard at 11:30 a.m.
Item 12B to be heard at 12:00 noon in a Closed Session
Item 12C to be heard at 1:00 p.m. in an Open Session
9/25/2012 9:39 AM
9/25/2012 Item 16.D.2.
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign Agreement No. 12-5944, Child
Advocacy Agreement for Mandated Services with the Collier County Child Advocacy
Council, Inc., to provide for mandated services identified under Florida Statute 39.304(5).
The agreement will have a fiscal impact of$70,000.
OBJECTIVE: To contract with Collier County Child Advocacy Council, Inc. (CCCAC) d/b/a
Child Protection Team of Collier County to meet the obligations in Section 39.304(5), Florida
Statutes, and for the Board to approve an exemption from formal competition for this purchase.
CONSIDERATIONS: The County has contracted with the CCCAC to provide the initial
examinations for allegedly abused, neglected, or abandoned children residing in Collier County
since 1990. Per Florida Statutes § 39.304(5), the parents, legal guardians, or legal custodians are
required to reimburse the County for the costs of such initial examinations. The term of the
proposed attached agreement will start on October 1, 2012 and is for one (1) year with three (3)
additional one-year renewal options.
The proposed agreement provides that the County pay the cost of the initial examination at $350
per examination, or the County will pay the cost for a review of medical records at $125
whenever such review can serve in lieu of an initial examination. However, the County is not
required to pay for both a physical examination and a medical records review. Due to
confidentiality laws protecting the children examined, the agreement requires that the CCCAC
seek reimbursement for the County from the parents, guardians or custodians. The agreement
further requires that CCCAC provide certification to the county that it invoiced the parents, legal
guardians, or legal custodians for payment.
The actual expenditure for Fiscal Year 2010 was $39,925 and in FY2011 the actual expenditure
was $48,550. The To-Date expenditure for FY2012 is $52,750.
The County's Purchasing Department determined that the CCCAC is the sole Child Advocacy
Center in the County eligible to conduct the medical exams pursuant to Section 39.304(5),
Florida Statutes. Staff is requesting that the Board exempt this purchase from formal
competition, as provided in the Purchasing Policy, Section V.A.2.
CERTIFICATION BY THE PURCHASING DIRECTOR: By approval of this Executive
Summary, the Purchasing Director certifies that:
1. The item (or in this instance, "service") is the only one available that can properly
perform the intended function; and
2. The recommended vendor/contractor is the only one ready, willing, and able to meet
the County's requirement.
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9/25/2012 Item 16.D.2.
FISCAL IMPACT: Funds in the amount of $70,000 have been budgeted in the Housing
Human and Veteran's Services fund 001-155930, Client Assistance Program for Fiscal Year
2013 budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this executive summary.
LEGAL CONSIDERATIONS: This Contract has been reviewed and approved by the County
Attorney's Office, is legally sufficient and requires a majority vote for approval. --ERP
RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to sign Agreement No. 12-5944 with Collier County Child Advocacy Council,
Inc., for the payment of the initial expenses of exams associated with allegedly abused, neglected
and abandoned children according to Florida Statute 39.304(5).
Prepared by: Kimberley Grant, Interim Director of Housing, Human, and Veterans Services
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9/25/2012 Item 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2.
Item Summary: Recommendation to authorize the Chairman to sign Agreement No. 12-
5944, Child Advocacy Agreement for Mandated Services with the Collier County Child Advocacy
Council, Inc., to provide for mandated services identified under Florida Statute 39.304(5). The
agreement will have a fiscal impact of$70,000.
Meeting Date: 9/25/2012
Prepared By
Name: Bendisa Marku
Title: Operations Analyst,Wastewater
7/31/2012 2:13:47 PM
Submitted by
Title: Operations Analyst,Wastewater
Name: Bendisa Marku
7/31/2012 2:13:48 PM
Approved By
Name: DeLeonDiana
Title: Contracts Technician,Purchasing
Date: 8/2/2012 11:26:00 AM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing &Ge
Date: 8/7/2012 10:20:54 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 8/8/2012 12:17:20 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing& Gene
Date: 8/14/2012 7:21:55 AM
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9/25/2012 Item 16.D.2.
Name: GrantKimberley
Title: Interim Director,HHVS
Date: 8/18/2012 4:03:12 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/18/2012 5:01:04 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 8/20/2012 10:27:29 AM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 8/29/2012 8:09:11 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 9/4/2012 3:52:28 PM
Name: KlatzkowJeff
Title: County Attorney Aeow
Date: 9/14/2012 9:51:21 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 9/14/2012 3:08:57 PM
Name: OchsLeo
Title: County Manager
Date: 9/15/2012 3:22:28 PM
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9/25/2012 Item 16.D.2.
County Collier County
Administrative Services Division Waiver Request
Purchasing
Instructions
Completed waiver requests must be submitted to the department's procurement professional for any amount above
$3,000.
Purchases above$3000 require three quotes or formal competition. The department must provide justification to
Purchase to request consideration to waive the competitive purchasing process,and purchase from a
single vendor. Waivers of greater than $50,000 will require approval by the Board of County
Commissioners. To qualify for a waiver select a waiver category, provide an explanation of the research
conducted and the supporting rationale,;and acquire the approval signature from your director.Send the waiver
request,any research information and contract materials to your purchasing professional in Purchasing.
Requester Name: Bendisa Markle Vendor Name:Collar County Crud Advocacy Council.Inc.(CCCAC)visa Child Protection Team of Colher County
Department: Housing,Human and Veteran Services Item/Service:Pay fie meal cog,W eromneeon>tor ehegemy abuse neplerttd. aeandeaad ttNdren raylpino m Cower Caunry
Requisition #(if applicable): j Anticipated Cost: $70,000.00
Emergency: Describe the public health or safety issues that requires the immediate product or service(i.e.,The
supply of vaccination was completely depleted within hours of delivery to the employee health center;the current
vendor will not receive another shipment for 2 weeks).
Compatibility/Proprietary(One of a Kind or No Substitute Available): Describe the research completed to
determine that there is only one product or service capable of meeting the County's existing conditions and that no
other vendor can provide a product, component,or replacement part that may be substituted.
As mandated by Florida Statute 39.304(5)Collier County pays for the initial examination of a child where child abuse or neglect is suspected. This service is
provided through a contract with the local Child Protection Team(CPT).According to the Florida Department of Health,Child Protection Team the only provider
in Collier County for the Child Protection Team medical services in District BC is Collier County Child Advocacy Council,Inc.(please see attachment and the following link
http://www.cros•kids.comtfamilies/child_protection_safety/child_protection_teams.html).
Authorized Distributor: Describe the research completed to find similar features and operability,and a letter from
the manufacturer naming the single source authorized distributor(s)in the southwest Florida region.
It is a felony to knowingly circumvent a competitive process for commodities or services by
fraudulently specifying sole source. Florida Statute 838.22(2).
Requested by: Housing, Human and Veteran Services Date:
7/7/2012
Department Director:
Kim Grant Date:
7/7/2012
Procurement Professional: Date:
•
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9/25/2012 Item 16.D.2.
AGREEMENT #12-5944
Child Advocacy Agreement for Mandated Services
THIS AGREEMENT, made and entered into on this day of , 2012
by and between the Collier County Child Advocacy Council, Inc. (hereinafter referred
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,
Naples, Florida 34102, and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter call the "County":
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing
on October 1, 2012 and terminating on September 30, 2013. The County may, at its
discretion and with the consent of the CCCAC, renew the Agreement under all of the
terms and conditions contained in this Agreement for three (3) additional one (1) year
periods. The County Manager or his designee may extend this Agreement for up to one
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
the Agreement term then in effect.
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2. SCOPE OF WORK: The CCCAC will provide the following services in accordance
with Florida Statute § 39.304:
A. Provide medical examination and evaluation services for abused or neglected
children who are residents of Collier County pursuant to Chapter 39, Florida
Statutes, or conduct a medical records review in cases where such a review can
serve in place of a physical examination.
B. Possess, maintain and keep current any and all necessary license(s) required
by governmental authorities.
C. Maintain adequate fiscal accounting procedures in accordance with generally
accepted auditing standards. Maintain all financial records and reports relating
to funds paid under this Agreement.
D. Maintain books, records, documents and other evidence and accounting
procedures and practices that fully and properly reflect all direct costs of any
nature expended in the performance of the Agreement.
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9/25/2012 Item 16.D.2.
E. Allow inspection, review or audit of these records by County personnel upon
reasonable notice, subject to the confidentiality requirements of Chapter 39,
Florida Statutes.
F. Retain all books, records and other documents relative to this Agreement for
three (3) years after final payment.
G. When circumstances permit, give to the parents, legal guardian, or legal
custodian of any child examined for abuse or neglect a notice requesting
reimbursement to Collier County pursuant to Section 39.304(5), Florida Statutes.
Reimbursement shall only be sought for those services authorized pursuant to
Section 39.304, Florida Statutes and shall not be sought for an initial forensic
examination. The CCCAC shall also provide a copy of said notice to Collier
County with certification by the case coordinator that said notice was given. The
copy provided to Collier County shall have all confidential information redacted
from the copy provided to Collier County. When circumstances do not permit
the CCCAC to give said notice to the parents, legal guardian or legal custodian,
CCCAC shall send, by regular U.S. Mail, the notice to the parents, legal guardian
or legal custodian.
1. Circumstances which would be deemed to not permit the CCCAC to give
said notice include those instances when a parent, legal guardian or legal
custodian is not present, or when CCCAC determines that giving said notice
may result in a confrontation between the CCCAC personnel and the parents,
legal guardian or legal custodian.
2. The CCCAC shall have the sole discretion to determine whether or not
circumstances permit giving said notice to the parents, legal guardian or legal
custodian. When CCCAC sends the notice to the parents, legal guardian or
legal custodian by regular U.S. Mail, CCCAC shall provide a copy of said
notice to Collier County with a certification by the case coordinator that states
such notice was mailed. The copy provided to Collier County shall have all
confidential information redacted from the copy provided to Collier County.
3. Families with medical insurance will be afforded the opportunity to file a
claim with their insurance company through receipt of a statement of
expenses that will be provided by the CCCAC. These families will be
expected to submit all insurance payments they receive to the County for
reimbursement of related medical expenses.
H. The CCCAC shall pay from its own account for the initial medical
examination costs to the providers of medical diagnosis and evaluation services
for each child abuse or neglect case. There shall be a monthly invoice which shall
reference a CPT case number for each examination and evaluation, and which
shall provide an indication of whether each case is Medicaid eligible, denied, or
pending Medicaid eligibility determination.
12-5944—Child Advocacy Agreement for 2
Mandated Services
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9/25/2012 Item 16.D.2.
I. The CCCAC shall maintain Medicaid provider status from Florida
Department of Health (DOH) and shall bill Medicaid for all investigation costs of
the initial medical examination and evaluation services for each eligible child
abuse or neglect case. The County shall not be required to pay for any costs for
the initial medical examination and evaluation in Medicaid eligible cases. The
CCCAC shall obtain from Medicaid a denial form for all cases found not to be
Medicaid eligible, and shall submit same to the County at the time of billing
pursuant to paragraph H, above. Each denial form shall refer to a case number
that corresponds to the number on the medical examination invoice.
J. The CCCAC shall also use its best efforts to seek reimbursement from
appropriate state agencies for all sexual abuse examinations billed during the
term of this Agreement. If payment is denied by said agencies, the CCCAC shall
obtain from said state agencies a denial notification, which shall also refer to a
case number that corresponds to the number on the examination invoice and
promptly provide it to the County.
K. Before execution of this Agreement, the CCCAC shall furnish the County
with copies of its current contracts between the CPT and its medical provider(s),
and 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 medical provider(s) or DCF shall be immediately forwarded to the County.
L. The CCCAC shall act as an independent entity and not as an agent of the
County in operating the aforementioned service.
3. COMPENSATION. The County shall reimburse the CPT at the rate of three
hundred fifty dollars ($350.00) per examination for medical examination and
evaluation, plus actual x-ray and laboratory costs incurred in all non-Medicaid eligible
cases. The County shall also reimburse the CPT at the rate of one hundred twenty five
dollars ($125.00) for a medical consultation where such a consultation can serve in place
of a physical examination; however, the County shall in no instance be required to pay
for both a physical examination and a medical consultation. A medical consultation
may be provided when a medical evaluation has already been performed by a non-CPT
medical 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 conclusions. The CPT medical record must include copies of the relevant
records and reports used to arrive at the medical opinion.
3.1 If any non-Medicaid eligible case involves sexual abuse, the CCCAC shall
12-5944—Child Advocacy Agreement for 3
Mandated Services
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9/25/2012 Item 16.D.2.
seek payment from appropriate state agencies prior to seeking reimbursement from the
County. If appropriate state agencies do not pay for sexual abuse examinations within
thirty (30) days from the submission of the invoice to that agency by the CCCAC, then
CCCAC shall invoice the County, and said invoices shall be paid by the County in
accordance with Chapter 218, Florida Statutes, also known as the "Local Government
Prompt Payment Act" after receipt of a written request for reimbursement and a copy
of statement(s) provided the County pursuant to the provisions of Section 2, Paragraph
H & I above.
3.2 If reimbursement from State agencies is received by the CCCAC at any time
after the County has paid CPT invoices, CCCAC shall then reimburse the County for
any state agency monies so received. Said reimbursement shall reference the case
number for which the reimbursement is being provided.
3.3 County acknowledges that CPT will incur additional expenses for staff,
equipment and supplies to determine Medicaid eligibility and obtain payment by
Medicaid in eligible cases. The CPT will also incur similar additional expenses in
seeking reimbursement in sexual abuse cases. Because the County will benefit from
these expenses incurred by CPT to obtain Medicaid payment or reimbursement from
Crime Victims' Services, County agrees to pay the sum of fifty dollars ($50.00) to CPT
for reimbursement of CPT's administrative costs in each Medicaid eligible case and each
sexual abuse case for which Crime Victims' Services reimbursement is obtained, if
authorized by Medicaid or Crime Victims' Services.
3.4 County shall Reimburse CCCAC for postage charges for statements sent to
parents, guardians or legal custodians pursuant to the provisions of Section 2,
Paragraph G, above.
3.5 Monthly payments will be made upon receipt of a proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act." Collier County reserves the right to withhold
and/or reduce an appropriate amount of any payments for work not performed or for
unsatisfactory performance of CCCAC requirements. The County shall pay the CCCAC
for the performance of this Agreement.
3.6 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
12-5944—Child Advocacy Agreement for 4
Mandated Services
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9/25/2012 Item 16.D.2.
4. NOTICES. All notices from the County to CCCAC or CPT shall be deemed duly
served if mailed or faxed to the CCCAC and CPT at the following address:
Jacqueline Griffith Stephens, M.A.
Executive Director
Collier County Child Advocacy Council, Inc.
1036 Sixth Avenue North
Naples, FL 34102
Phone: 239-263-8383 ext. 228
Fax: 239-263-7931
All notices from CCCAC to the County shall be deemed duly served if mailed or faxed
to the County to:
Housing, Human and Veteran Services Department
3339 Tamiami Trail East, Unit 212
Naples, Florida 34112
Attn: Kimberley Grant
Phone: 239-252-6287
Fax: 239-252-2638
The CCCAC 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.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between the County and CCCAC or to constitute CCCAC as an
agent of the County.
6. SUBCONTRACTS. Any work or services subcontracts by the CCCAC shall be
specifically by written contract or agreements, and such subcontracts shall be subject to
each provision of this Agreement and applicable County, State, and Federal guidelines
and regulations. Prior to execution by the CCCAC of any subcontract hereunder, such
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,
including but not limited to consultant work or services, shall be subcontracted by the
CCCAC or reimbursed by the County without prior written approval of the Housing
and Human Services Director or her designee.
7. AMENDMENTS. This Agreement may not be amended unless in writing
executed by all parties to the Agreement. If either of the parties is unable to perform
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Mandated Services
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9/25/2012 Item 16.D.2.
due to a change in State or federal law (or the issuance of a court order) that materially
changes the terms of the Agreement, either party may postpone performance upon
providing the other party written suspension of the Agreement until the parties agree
upon an amendment that conforms to the change in law; or, alternatively, terminate this
Agreement as provided in numbered paragraph 11. If Collier County notifies CCCAC
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
amendments to this Agreement shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are
authorized.
8. 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
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by CCCAC. The CCCAC shall also be solely responsible for
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.
9. NO IMPROPER USE. The CCCAC 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 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
right to suspend the contract of the CCCAC. Should CCCAC 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 CCCAC further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
10. 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 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, 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
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9/25/2012 Item 16.D.2.
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.
11. 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
Agreement, the non-defaulting party shall notify the defaulting party in writing and
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
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.
12. NO DISCRIMINATION. The CCCAC agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
13. 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; domook
Independent Contractors; Products and Completed Operations and
Contractual Liability.
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
Non-Owned Vehicles and Employee Non-Ownership.
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.
Special Requirements: Collier County shall be listed as the Certificate Holder 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 CCCAC during the duration of this Agreement. Renewal certificates
shall be sent to the County ten (10) days prior to any expiration date. There shall be a
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Mandated Services
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9/25/2012 Item 16.D.2.
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
CCCAC shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same CCCAC shall provide County with
certificates of insurance meeting the required insurance provisions.
14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
CCCAC 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 paralegal fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of CCCAC or anyone employed or utilized by the CCCAC
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 negligence of Collier County.
15. CONTRACT ADMINISTRATION. This Agreement shall be administered on
behalf of the County by the Housing, Human and Veteran Services Department.
16. CONFLICT OF INTEREST: CCCAC 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. CCCAC further represents that no
persons having any such interest shall be employed to perform those services.
17. 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
County Commissioners.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this
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
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
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. 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.
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20. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be
added to this contract in compliance with the Purchasing Policy.
21. 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
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
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 CCCAC with full decision-making authority and by County's staff
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,
including any appeals.
22. 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.
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
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
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
this Agreement arising after any assignment_
**********
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IN WITNESS WHEREOF, the CCCAC 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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Fred W. Coyle, Chairman
Date:
Approved as to form and
legal sufficiency:
Scott R. Teach _,,-
Deputy County Attorney
COLLIER COUNTY CHILD ADVOCACY
COUNCIL, INC.
By:
Jacqueline Griffith Stephens, M.A.
Executive Director
Date:
First Witness
TType/print witness nameT
Second Witness
TType/print witness nameT
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