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Backup Documents 09/25-26/2012 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Lisa N. Carr Housing, Human&Veteran LNC 10/12/12 Services Department 2.Scott R. Teach, Deputy County Atty. County Attorney Office /push 3. Ian Mitchell, Executive Manager Board of County Commissioners \ 4. Minutes and Records Clerk of Courts Office )t'. to(2,2(/Z_ 5. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,needs to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lisa N.Carr Housing,Human and Veteran Phone Number 252-2339 Contact Services Please call or e-mail for pick up Agenda Date Item was September 25,2012 Agenda Item Number 16.D.2. Approved by the BCC Type of Document Agreement#12-5944 Number of Original 2 Attached Child Advocacy Agreement for Mandated Documents Attached Services INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be LNC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's LNC Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the LNC document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip LNC should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC 9/25/2012(enter date)and all changes made LNC N/A is not during the meeting have been incorporated in the attached document.The County an option for Attorney's Office has reviewed the changes,if applicable. line 6. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 1602 MEMORANDUM Date: October 26, 2012 To: Lisa Carr, Grants Coordinator Housing, Human & Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Agreement #12-5944/Child Advocacy Agreement for Mandated Services Attached for your records is a copy of the document referenced above, (Item #16D2) approved by the Board of County Commissioners on September 25, 2012. The Minutes and Record's Department will maintain the original in the Board's Official Records. If you have any questions please call me at 252-8411. Thank you 16132 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. 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. 12-5944—Child Advocacy Agreement for 1 Mandated Services 1602 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 16132 I. The CCCAC shall maintain Medicaid provider status from Florida Deparintent 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 16132 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 1602 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 12-5944—Child Advocacy Agreement for 5 Mandated Services 1602 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 12-5944—Child Advocacy Agreement for 6 Mandated Services 1602 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; 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 12-5944—Child Advocacy Agreement for 7 Mandated Services 16D2 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. 12-5944—Child Advocacy Agreement for 8 Mandated Services 1602 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. ********** 12-5944—Child Advocacy Agreement for 9 Mandated Services X602 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 . A, '.. AktQT e D � l 0�! Fred W. Coyle, Chairn 1Pil� 31 onaturt Date: 'a \2. AID'. eyed as to form and 1' •al s f'c' nc . r ,Ce► Scott R. Teach Deputy County Attorney COLLIER COUNTY CHILD ADVOCACY COUNCIL, 1► By: ./...�i' Jac•ueline Gr'(Vh Stephens, M.A. Executive Director I f Date: 9' � / f First Witness ((( G✓G_ �( SS TT .e/print witness amet Second Witness SOnnQ V! /oryq tm# TT YP e/P rint witness namet � erda q)as--119_ Dab D.Tat-it:pr) r :y C1057, 12-5944—Child Advocacy Agreement for 10 Mandated Services 11 L '" .------"'I , ® DATE(MM/DDIYYYY) A © CERTIFICATE OF LIABILITY INSURANCE 6/29/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Jessie Cabrera Lutgert Insurance Naples (n/co°."w.E, :239 262 7171 (a FAX No):239-262-5360 PO Box 112500 E-MAIL Naples FL 34108 ADDRESS:jcabreraelutgertinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Co 41297 INSURED CHILD-2 INSURER B:Florida Retail Children's Advocacy Center INSURER C: Collier County Child Advocacy INSURER D: 1036 6th Avenue North Naples FL 34102 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1386624 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) LIMITS A GENERAL LIABILITY TBD 7/1/2012 7/1/2013 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 X CLAIMS-MADE OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $3,000,000 POLICY 'r LOC $ A AUTOMOBILE LIABILITY TBD 7/1/2012 7/1/2013 COMBINED SINGLE LIMIT (Ea accident) 1$500,000 ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS X HIRED S AUTOS X AO OWNED (PerraERTYDAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 052029767 1/1/2012 1/1/2013 x WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/" TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability TBD 7/1/2012 7/1/2013 Occurrence Limit 1,000,000 Aggregate Limit 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is Additional Insured with respect to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Government Center-Human Services ACCORDANCE WITH THE POLICY PROVISIONS. Department 3301 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 I 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1613 2 Collier County Child Advocacy Council, Inc. I,the undersigned,hereby certify to that I am the Secretary of the Collier County Child Advocacy Council, Inc. a non-profit corporation duly organized and existing under the laws of the State of Florida;that the following is a true copy of a resolution duly adopted by the Board of Directors of said Corporation at a meeting duly held on the day of October 16, 2012, at which a quorum was present;and that such resolution has not been rescinded or modified. RESOLVED: That Jacqueline Griffith Stephens has the authority to sign contracts [Child Advocacy Agreement for Mandated Services, Child Advocacy—Supervised Visitation/Safe Havens,and Contract Renewals] on behalf of the corporation I further certify that there is no provision in the By-Laws of said Corporation limiting the power of the Board of Directors to pass the foregoing resolution and that the same is in conformity with the provisions of said By- Laws. In Witness Whereof, I have hereunto set my hand and the seal of said Corporation this day of October,25,2012 . (NOTARIZE) Secretary, Oats s�,,, �,( Dore .tic t aS% sa...t 6c-fo form,2012. ASHLEY FRANTZ ?! _ J . : unorndl�nsslor+e zozo+s t vPb>•d j�; LL k.o is t)Watt k"..A 4u$4.44 . � .:.= EXPIRES:May 24,2016 ,j • Banded Ttru Notary NI*Undenwders • OS, i,boUti*- 13/47 04.^. Project Number: 13-ST-08 gh/4 - Collier County Public Library Collier County 1613 2 Florida Department of State,Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant(GRANTEE) Collier County Board of County Commissioners (Name of library governing body) Governing body for Collier County Public Library (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Section 257,Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. The Division,as administrator of state funds provided under Section 257,Florida Statutes, has approved an application for State Aid to Libraries Grant funds submitted by the GRANTEE. By reference,the application is hereby made a part of this agreement The parties agree as follows: L The GRANTEE agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257,Florida Statutes,and guidelines for the State Aid to Libraries Grant Program. b. Expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated, c. Provide the DIVISION with statistical,narrative,financial and other evaluative reports as requested. d. Retain and make available to the DIVISION,upon request,all financial and programmatic records,supporting documents,statistical records,and other records for the project e. Retain all records for a period of five years from the date of submission of the final project report. If any litigation,claim,negotiation,audit,or other action involving the records has been started before the expiration of the five year period,the records shall be retained until completion of the action and resolution of all issues which arise from it,or until the end of the regular five year period,whichever is later. f. Establish and maintain a proper accounting system in accordance with generally accepted accounting procedures. To use and maintain adequate fiscal authority,control,and accounting procedures that will ensure proper disbursement of,and accounting for, project funds. g. Perform all acts in connection with this agreement in strict conformity with all applicable laws and regulations of the State of Florida. h. Not use any grant funds for lobbying the legislature,the judicial branch,or any state agency. Page 1 of 6 State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a),Florida Administrative Code, Effective 4-10-2012 16D 2 i. The GRANTEE hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes,and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The GRANTEE further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State employee to avoid a potential violation of those statutes. j. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race,color,religion,gender,national origin,age,handicap,or marital status. The GRANTEE shall insert a similar provision in all subcontracts for services by this agreement. k. In the event that the grantee expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of such GRANTEE,the grantee must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year,the GRANTEE shall consider all sources of state financial assistance,including state financial assistance received from the Department of State, other state agencies,and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. In connection with the audit requirements addressed in part j,paragraph 1,the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(8),Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97(2)(e),Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. If the GRANTEE expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,is not required.In the event that the GRANTEE expends less than$500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the nonstate entity's resources(i.e.,the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97,Florida Statutes,(the Florida Single Audit Act)and related documents may be found at https://apps.fldfs.com/fsaa/. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the GRANTEE directly to each of the following: Page 2 of 6 State Aid to Libraries Grant Agreement Chapter 18-2.011(2)(a),Florida Administrative Code, Effective 4-10-2012 160 2 1. The Department of State at the following addresses: Office of Inspector General Florida Department of State R.A. Gray Building,Room 114A 500 S.Bronough Street Tallahassee,Florida 32399-0250 2. The Auditor General's Office at the following address: Auditor General's Office Room 401,Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 1. Identify an individual or position with the authority to make minor modifications to the application,if necessary,prior to execution of the agreement. II. The DIVISION agrees: a. To provide a grant in accordance with the terms of this agreement in consideration of the GRANTEE's performance hereinunder,and contingent upon funding by the Legislature. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn,this agreement is terminated and the state has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall,the total grant may be reduced accordingly. b. To notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257,Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. c. To distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the agreement. The remaining payment will be made by June 30. d. That any balance of unobligated cash that has been paid to the grantee may be retained for direct program costs in a subsequent period. III. The GRANTEE and the DIVISION mutually agree that a. This instrument embodies the whole agreement of the parties. There are no provisions, teams,conditions,or obligations other than those contained herein;and this agreement shall supersede all previous communications,representation,or agreements either verbal or written,between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida,and shall be construed, performed,and enforced in all respects in accordance with the laws and rules of the State of Florida Each party shall perform its obligations hereunder in accordance with the terms Page 3 of 6 State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a),Florida Administrative Code, Effective 4-10-2012 16D 2 1 and conditions of this agreement If any matter arising out of this Agreement becomes the subject of litigation,venue shall be in Leon County. c. If any term or provision of the agreement is found to be illegal and unenforceable,the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right,power,or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right,power, or remedy of either party;nor shall such delay or omission be construed as a waiver of any such breach or default,or any similar breach or default e. This agreement shall be terminated by the DIVISION because of failure of the GRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by GRANTEE shall be determined by the DIVISION,based on the terms and conditions imposed on the GRANTEE in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to cure the default If the default is not cured by GRANTEE within the stated period,the DIVISION shall terminate this agreement,unless the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause"is defined as circumstances beyond the GRANTEE's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement,the GRANTEE will be compensated for any work satisfactorily completed prior to notification of termination,if equitable. f. The DIVISION shall unilaterally cancel this agreement in the event that the GRANTEE refuses to allow public access to all documents or other materials made or received in regard to this agreement that are subject to the provisions of Chapter 119,Florida Statutes. GRANTEE agrees to immediately contact the DIVISION for assistance in the event that it receives a public records request related to this agreement or the grant the it awards. g. The DIVISION shall not be liable to pay attorney fees,interest,late charges and service fees,or cost of collection related to the grant h. The DIVISION shall not assume any liability for the acts,omissions to act or negligence of the GRANTEE,its agents,servants,or employees;nor shall the GRANTEE exclude liability for its own acts,omissions to act,or negligence to the DIVISION. In addition,the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the GRANTEE. i. The GRANTEE,other than a GRANTEE which is the State or agency or subdivision of the State,agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature,including but not limited to personal injury, death,or damage to property,arising out of any activities performed under this agreement and shall investigate all claims at its own expense. j. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the project. The GRANTEE may subcontract as necessary to perform the services set forth in this agreement,including entering into subcontracts with vendors for Page 4 of 6 State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a),Florida Administrative Code, Effective 4-10-2012 . • 1602 2 • services and commodities,provided that such subcontract has been approved by the DIVISION,such approval not to be unreasonably withheld,and provided that it is understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract k. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity,or increases the limits of its liability,upon entering into a contractual relationship. L The GRANTEE,its officers,agents,and employees,in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer,employee or agent of the DIVISION. Under this agreement,GRANTEE is not entitled to accrue any benefits of state employment,including retirement benefits,and any other rights or privileges connected with employment in the State Career Service. GRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent,servant,joint venturer,or partner of the DIVISION. m. The GRANTEE shall not assign,sublicense,nor otherwise transfer its rights,duties,or obligations under this agreement without the prior written consent of the DIVISION,whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the GRANTEE's obligations,the GRANTEE remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights,duties,or obligations of the Department to another governmental entity pursuant to Section 20.06,Florida Statutes,or otherwise,the rights,duties,and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement n. This agreement shall bind the successors,assigns,and legal representatives of the GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. o. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In the event that the state funds on which this agreement is dependent are withdrawn,this agreement is terminated and the DIVISION has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall,the total grant shall be reduced in accordance with Section 257.21,Florida Statutes. p. If the GRANTEE is in noncompliance with any term(s)of this grant agreement or any other grant agreement with any Division of Library and Information Services,the Division of Historical Resources or the Division of Cultural Affairs,the Division may withhold grant payments until the GRANTEE comes into compliance. Violation of a grant program requirement,including but not limited to failure to submit grant reports and other grant documents;submission of incomplete grant reports or other grant documents;or violation of other grant agreement requirements;shall constitute a basis for the Division to place the GRANTEE in noncompliance status with the Department of State. Page 5 of 6 State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a),Florida Administrative Code, Effective 4-10-2012 16O2 q. Unless there is a change of address,any notice required by this agreement shall be delivered to the Division of Library and Information Services,500 South Bronough Street, Tallahassee,Florida 32399-0250,for the State and,for the GRANTEE,to its single library administrative unit. In the event of a change of address,it is the obligation of the moving party to notify the other party in writing of the change of address. IV.The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION BOARD OF COUNTY COMMISSIONERS, ,,,„,//y, a COLLIER COUNTY,FLORIDA Jud' A.Ring,Director Division of Library and Information Services (A) Department of State, State of Florida By: ' Fred Coyle,Chairman Typed Name ATTEST`\ C ' r � <-30, .2.c.)/.3 ,,,\ � Date DWIGHT E.BROCIPy dells _ . By� m ,��� ,�► •ek : D : .. :.,, , ed as to form and legal sufficiency: .I - — '.1 . ,IA Division Witness istant Conn it ttorne Page 6of6 State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a),Florida Administrative Code, Effective 4-10-2012