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Backup Documents 12/15/2009 Item #16D 4 1604 MEMORANDUM Date: January 12, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #09-5292 "Child Advocacy Agreement for Mandated Services" Contractor: Collier County Child Advocacy Council, Inc. Attached is an original contract, referenced above (Agenda Item #16D4) approved by the Board of County Commissioners on December 15,2009. The second original contract will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8406. Thank you. Attachment ~ 16D4 \.kHLt!:t~Ef:H~ECEIVED: COUNTy AHORNE\ 2010 JAN -0 Pl~ 3: 36 ,J- aluJP 0 ~-.r~ ~ 6- ~,..,- t:- crv tIS? ~ ~("., ~ 'MID ~'1 ITEM NO.: ~-PRC-01401 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: December 1, 2009 REQUEST FOR LEGAL SERVICES 51li bt-v To: Office of the County Attorney Attention: Colleen Greene From: Lyn M. Wood, C.P.M., Contract Specialist ~J: J..,/ Purchasing Department, Extension 2667 '7*1'- Re: Agreement: #09-5292 "Child Advocacy Agreement for Mandated Services" Contractor: Collier County Child Advocacy Council, Inc. BACKGROUND OF REQUEST: This item was approved by the BCC on December 15, 20 Agenda Item 16.0.4 This item was previously submitted. ACTION REQUESTED: Agreement review and approval. OTHER COMMENTS: Colleen, please forward to the Chairman of the BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services ~A~ \\ ~ \ \ 0 lbD'+ RLS # 01-1A!.~_ () f 'fof CHECKLIST FOR REVIEWING CONTRACTS Entity Name: &(..(..,..... ~~.rr( {In,"" A'tJVOPA~y (i/JU.vu.L., Entity name correct on contract? /' Y es Entity registered with FL Sec. of State? ~ Y es INe.. No No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ l M.l L.- Products/Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ S.". /H17 . Workers Compensation Each accident Required $ se"lf)Oo Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ ~ Per Aggregate Required $ /" Other Insurance Each Occur Type: ~Yes -LYes _Yes ~Yes No No ~No No Provided $ Provided $ Provided $ Provided $ Provided $ I M.lL- Exp. Date ~(, ('0 q Exp. Date " I ~ , Exp. Date ( I tl Exp. Date l, 3i1O, OlD Exp. Date " . eJ h,/L- R. l \'tLM6M r. tNeJ..l<""-'I> IN Exp Date _ Provided $ Provided $ Provided $ Provided $ IMlL " Exp Date -44-u-- Exp Date t I Exp Date I ' t. Exp Date Exp Date _Yes No '0 Exp. Date ~ {I {IO Exp. Date ,. Provided $ Provided $ (/..tn. Required $ Provided $ Exp Date_ County required to be named as additional insured? County named as additional insured? ~Yes ~Yes _No No Indemnification Does indemnification meet County standards? Is County indemnifying other party? /Yes Yes No ~No Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Yes No _Yes Yes No No Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: tJI'J'"tAILL"1..t.l'> Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ./ Yes No ----VYes No /Yes No ~Yes No ~"-9.~Ru'L"T~ ~Yes _No .......--Yes No - - ----':-::::Yes ~No Attachments Are all required attachments included? ~Yes \\ Reviewer Initials: ~ Oat" t I ~ Iff) 04-COA-010301222 No 16D4 MEMORANDUM TO: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist j,)'f' Purchasing Department (pr~ FROM: DATE: December 22, 2009 RE: Review of Insurance for Agreement: #09-5292 "Child Advocacy Agreement for Mandated Services" Contractor: Collier County Child Advocacy Council, Inc. This item was approved by the BCC on December 15, 2009, Agenda Item 16.0.4 Please review the Insurance Certificates for the above-referenced agreement. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LW DA'lrRrCtte DEe 2 3 2009 RISK MANAGEMENT ~a-. ;~lIb C: Terri Daniels, Housing & Human Services 16D4 mausen 9 From: Sent: To: Cc: Subject: RaymondCarter Wednesday, January 06, 2010 2:23 PM LynWood DeLeonDiana; mausenJl; DanieisTerri Contract 09-5292 "Child Advocacy Agreement for Mandated Services" Alii have approved the certificate of insurance provided by Collier County Child Advocacy Council, Inc. for contract 09- 5292 which will now be forwarded to the county attorney's office for their review. Thank you, Ray ~ CD.h.t.eft Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State 16PBe40f2 Home Contact Us E.Filing Services Document Searches Forms Help Pr~yjQI,.I!;i9nJ_ist Next on List R~turn To L,Jst Enlity Name Search I Submit I No Events No Name History Detail by Entity Name Florida Non Profit Corporation COLLIER COUNTY CHILD ADVOCACY COUNCIL. INC. Filing Information Document Number N14713 FEI/EIN Number 650049492 Date Filed 04/16/1986 State FL Status ACTIVE Effective Date 04/09/1986 Principal Address 1036 6TH AVE N, NAPLES FL 34102 US Changed 01/10/2007 Mailing Address 1036 6TH AVE N. NAPLES FL 34102 US Changed 01/10/2007 Registered Agent Name & Address DIAZ, SONIA 1036 6TH AVENUE NORTH NAPLES FL 34106 US Name Changed: 01/06/2010 Address Changed: 01/04/2008 OfficerlDirector Detail Name & Address TilleV SMITH. TOM 1036 SIXTH AVE N NAPLES FL 34102 Title P SUMMERS, DAN 1036 6TH AVE N. NAPLES FL 34102 US Title S http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?action=DETFIL&in'Ldoc_number=NI4713...117/20 1 0 www.sunbiz.org - Department of State DIAZ. SONIA 1036 6TH AVE N. NAPLES FL 34102 US TltleT SHEA, MOKEY 1036 6TH AVE N. NAPLES FL 34102 US Annual Reports Report Year Flied Date 2008 01/04/2008 2009 01/16/2009 2010 01106/2010 Document Images 01/0612010 -- ANNUAL REPORT [ 01/16/2009 -- ANNUAL REPORT I 01/04/2008 -- ANNUAL REPORT L 01/1012007 -- ANNUAL REPORT I 02/1312006 -- ANNUA_L REPORT L 01/2112005 -- ANNUAL REPORT [ 01129/2004 -- ANNUAL REPORT I 01/2412003 -- ANNUAL R:EPORT I 01123/2002 -- ANNUAL REPORT I 01/29/2001 -- ANNUAL REPORT L 0411412000 -- ANNUAL REPORT L 03/11/1999 -- ANNUAL REPORT [ 02/0511998 -- ANNUAL R:EPORT I 0211311997 -- ANNUAL REPORT L 0212611jJ_96 -- ANNUAL REPORT L 04/12/1995 -- ANNUAL REPORT L Page 2 of2 16D4 . View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image In PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This Is not official record. See documents if question or conflict I , - F'reViQus "OJ-ist NeXLon Lis! Return To Lis! No Events No Name History ] I , I I ] I I I J I ] ] I I ] Entity Name Search I Submit] I Horne I Contact us I Document SeiHches I f>r'i1it19 Services I forms I Hell) I Copyright and Privacy Policies CopyriQlll tf) 2007 State of F'jorid<" Department of Stdte. http://ccfcorp.dos.state.f1.us/scripts/cordet.exe?action=DETFIL&in<Ldoc__number=NI4713...ll7/20 1 0 16D4 MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF THE COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. December 17,2009 Ajoint November/December Meeting of the Board of Directors of the Collier County Child Advocacy Council, Inc. ("CAC") was held at noon on December 17, 2009 in the conference room of CAC, Naples, Florida. The following Directors were present: Dan Summers, Jack Ullrich, Terry Kelly, Mokie Shea and Sonia Bretzmann Diaz. The following Directors were absent: Tom Smith, Carrie Williams, George Drobinski and Jim Goehler. Executive Director Jaqueline Griffith Stephens, CFO Steven Kissinger, and Development Director Jamie Brown were present. The meeting was called to order by Dan Summers at ] 2:27 P.M. Consent Agenda: all items on the consent agenda were approved unanimously. Treasurer Mokev Shea presented the Treasurer's and Finance Committee Reports w/Steven Kissinger's input: The Treasurer reviewed the October and November financials with the Board and discussed the Finance Committee's review of the Audit Report. The Treasurer and Finance Committee were very pleased with the results of the A 133 "double audit," which were excellent and reflect strong internal controls. Jack Ullrich moved to accept the Treasurer's report as presented, Terry Kelly seconded the motion and all Directors approved. Staff and Program Updates: A. Development - Development Director Jamie Brown announced her resignation effective 0]/08/10. Jamie is leaving the CAC on pleasant terms to spend more time with her family. The Board thanked Jamie for her contributions to the CAC and noted that she will be missed. B. Holiday Programs - Several organizations, inc. the Assoc. of Golf Course Managers and Grey Oaks Country Club have made generous donations of toys and funds to CAC holiday programs. C. CPT, FSP. Advocacy/Education and SATP Programs - Jackie Stephens updated the Board on all programs; all are busy and doing well. New Business: A. Motion for Resolution Giving Jackie Stephens authority to sign Contract #09-5292 "Child Advocacy Agreement for Mandated Services" with Collier County - a motion was duly made by Jack Ullrich for a Board Resolution to give Jackie Stephens authority to sign Contract #09-5292 with the County on behalf of the CAe. Dan Summers moved to accept the Motion, Terry Kelly seconded the Motion, and the Motion was unanimously approved by all Directors. Old Business: Naples Commercial Plaza - Dan Summers attended the annual meeting on behalf of the Board, and was appointed to the NCP Association Board. The CAC learned at the meeting that reserves are underfunded, and that the CAC should plan for a special assessment in the future as a result. Gala Commiffee - sponsorships to date exceed those oflast year. No new reports. Go/[Commiffee - 50% capacity, sponsorships are higher than projected based on last year's numbers. There being no further business the meeting was adjourned at 1 :25 pm. Sonia M. Diaz, Secretary M:\Diaz\CCAC\12-27-09 CAe minutesJoinLNov.Dec.Mtg.doc 16D4 RESOLUTION OF THE BOARD OF DIRECTORS OF THE COLLIER COUNTY CHILD ADVOCACY COUNCIL. INC. Upon Motion made and duly approved at the December 17, 2009 meeting of the Board of Directors of the Collier County Child Advocacy Council, Inc. ("CAC"), the Board of Directors hereby resolves to give Jackie Stephens authority to sign Contract #09-5292 "Child Advocacy Agreement for Mandated Services" with Collier County on behalf of the CAC. BY:~ ---= Title: I ~~G(L Board of Directors of the CAC The foregoing instrument was acknowledged before me this ./Zt!t day of December, 2009 by Yo/ ~ _~ , who ( ~s personally known to me or ~ has produced as identification and who did/did not take an oath. .,.........Ul.........,.....: :....II....MARIA G. AlCON" i 5. :..,\\1Il/1fl.... Comm# 000126561 :: :,t.'~'" . I r~ '. Expire. 1012812011 I : ~ rJJ Flood. No\III)' _.,100 : ~ ~,,,Rhl1\''''' ....................... ","..'.'"'....,...... :rt,~. ~.~ otary Public " Printed name: -'l4.(/A r;:, A.2cO/Nl Comm!ss!on Nun:ber: f)Ptl7,lc<S-C1 CommIssIOn ExpIres: /O/;l.f/l/ 16D4 AGREEMENT #09-5292 For Child Advocacy Agreement for Mandated Services THIS AGREEMENT, made and entered into on this ---15'!!'day of December, 2009, by and between the Collier County Child Advocacy Council, Inc. (hereinafter referred to as the "CCCAC'), a not-for-profit Corporation, under agreernent with the State of Florida, Department of Children and Farnilies, providing coordination of the Child Protection 'learn of Collier County (hereinafter referred to as "CPT') authorized to do business in the State of Florida whose business address is 1034 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, 2009 and terminating on September 30, 2010. 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 two (2) additional twelve (12) month periods. 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 Agreernent term then in effect. 2. SCOPE OF WORK: The CCCAC will provide the following services: 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 governrnental authorities. C. Maintain all financial records and reports relating to funds paid under this Agreernent. D. Maintain books, records, docurnents 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. E. Maintain adequate fiscal accounting procedures. 16D4 F. Allow inspection, review or audit of these records by County personnel upon reasonable notice, subject to the confidentiality requirements of Chapter 39, Florida Statutes. G. Retain all books, records and other docurnents relative to this Agreement for three (3) years after final payment. H. When circumstances permit, give to the parents, legal guardian, or legal custodian of any child exarnined for abuse or neglect a notice requesting reirnbursernent to Collier County pursuant to Section 39.304(5), Florida Statutes. The CCCAC shall also provide a copy of said notice to Collier County with certification by the case coordinator that said notice was given. 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. 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. The CCCAC shall have the sole discretion to deterrnine whether or not circumstances perrnit 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. Families with medical insurance will be afforded the opportunity to file a clairn with their insurance company through receipt of a statement of expenses that will be provided by the CCCAC. These farnilies will be expected to submit all insurance payments they receive to the County for reimbursement of related medical expenses. 1. 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. 09-5292 - Child Advocacy Agreement for 2 Mandated Services 1604 J. The CCCAC shall maintain Medicaid provider status from DCF 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 rnedical exarnination and evaluation in Medicaid eligible cases. The CCCAC shall obtain frorn Medicaid a denial forrn for all cases found not to be Medicaid eligible, and shall submit same to the County at the time of billing pursuant to paragraph I, above. Each denial form shall refer to a case number that corresponds to the number on the rnedical examination invoice. The CCCAC shall also use its best efforts to seek reimbursement from appropriate state agencies for all sexual abuse exarninations 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 exarnination 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 OCF relating to the CPT. Any amendments or new agreements executed during the term of this agreernent between CPT and its rnedical provider(s) or DCF shall be irnrnediately forwarded to the County. L. The CCCAC shall act as an independent entity and not as an agent of the County in operating the aforernentioned service. 3. COMPENSATION. The County shall reimburse the CPT at the rate of two hundred fifty dollars ($250.00) 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 seventy-five dollars ($75.00) for a medical records review where such a review 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 rnedical records review. If any non-Medicaid eligible case involves sexual abuse, the CCCAC shall 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 09-5292 - Child Advocacy Agreement for 3 Mandated Services 16D4 written request for reimbursement and a copy of statement(s) provided the County pursuant to the provisions of Section 2, Paragraph H & I above. If reirnbursement 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. 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. County shall Reimburse CCCAC for postage charges for staternents sent to parents, guardians or legal custodians pursuant to the provisions of Section 2, Paragraph H, above. Monthly payments will be made upon receipt of a proper invoice and in cornpliance 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 perforrned or for unsatisfactory performance of CCCAC requirements. The County shall pay the CCCAC for the performance of this Agreement. 3. NOTICES. All notices from the County to CCCAC or CPT shall be deemed duly served if rnailed 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 Fax: 239-263-7931 All notices from CCCAC to the County shall be deemed duly served if mailed or faxed to the County to: 09-5292 - Child Advocacy Agreement for 4 Mandated Services 16D4 Housing and Hurnan Services Departrnent 3301 Tamiarni Trail East Bldg. H/211 Naples, Florida 34112 Attn: Marcy Krurnbine, Director Phone: 239-252-2273 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. 4. 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. 5. 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 Agreernent 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 Agreernent, 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 Hurnan Services Director or her designee. 6. AMENDMENTS. The County may, at its discretion, amend this Agreernent to conform to changes required by Federal, State, or County guidelines, directives, and objectives. Such arnendments shall be incorporated by written amendrnent as a part of this Agreement and shall be subject to approval of the County. Any rnodifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 7. PERMITS; LICENSE; TAXES. In compliance with Section 218.80, F.5., 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 09-5292 - Child Advocacy Agreement for 5 Mandated Services 1604 adopted. The CCCAC agrees to comply with all laws governing the responsibility of an ernployer with respect to persons ernployed by CCCAC. 8. NO IMPROPER USE. The CCCAC will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any irnproper, 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 deern 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. 9. PROHIBITION OF GIFfS 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 Adrninistrative 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 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 lirnited to: submitting bids, RFP, and/ or quotes; and, c. immediate terrnination of any contract held by the individual and/ or firm for cause. 10. TERMINATION. Should CCCAC be found to have failed to perform its services in a manner satisfactory to the County as per this Agreernent, the County may terminate said agreement for cause; further the County may terrninate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 11. NO DISCRIMINATION. The CCCAC agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. 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 09-5292 - Child Advocacy Agreement for 6 Mandated Services 16D4 and Property Damage Liability. This shall include Prernises and Operations; Independent Contractors; Products and Cornpleted Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have rninirnum 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 ernployees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage rnust include Employers' Liability with a minirnum limit of $500,000 for each accident. Special Requirernents: 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 requirernent herein identified shall be maintained by CCCAC during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. CCCAC shall ensure that all subcontractors comply with the sarne insurance requirements that he is required to rneet. The same CCCAC shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the CCCAC shall indemnify and hold harmless Collier County, its officers and employees frorn any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CCCAC or anyone employed or utilized by the CCCAC in the performance of this Agreernent. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 09-5292 - Child Advocacy Agreement for 7 Mandated Services 1604 13. CONTRACT ADMINISTRATION. This Agreement shall be adrninistered on behalf of the County by the Housing and Human Services Department. 14. 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 rnanner with the performance of services required hereunder. CCCAC further represents that no persons having any such interest shall be employed to perform those services. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreernent is subject to appropriation by the Board of County Commissioners. 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, FLORIDA , By: If~ d4-/l Donna lala, ChaIrman -<~ ';tSb~,':'~<i{. Date: ,/ ~,:,. <';J~:\':~:~' Colleen M. Greene Assistant County Attorney Item# \Lo\)~ Agenda\t -6-f">C< Date .....,.. \ 09-5292 - Child Advocacy Agreement for Mandated Services 8 Date t~l;-lD Rec'd ~ Deputy Clerk 1604 COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. By: ~y - F W lrst ltness Date: I "LW'.l- { b Cf S-':-6r6-> \L,SSI"'~t:t'L- tTypej print witness namet -----f~ l,{iZ~~ Second Witness gv f Y\ "'rz.d i fo 110-. tTypejprint witness namet 09-5292 - Child Advocacy Agreement for 9 Mandated Services 1604 ACORD,. -c- I DATE{MMJDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 12/22/2009 PRODUCER Phone: 239-262-7171 Fax: 239-262-5360 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance - Naples ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 112500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34108 . INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Scot tsdale Insurance Co. Children's Advocacy Center INSURER B: 1036 6th Ave N Naples FL 34102 INSURER c: INSURER D: . INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~;: ~'!: ~o POLICY NUMBER PJ',H~';".~~~~~E POLICY EXPIRATION LIMITS A ~NERAL LIABILITY OPS0084513 7/1/2009 7/1/2010 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY I DAMA TED $300 000 PREMISES Ea occurence X .1 CLAIMS MADE D OCCUR MED EXP (Anyone person) $5 000 X HNOA $"\0 nnn PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $1 000 000 -;l'~AGG~nE LIMIT APnS IPER: PRODUCTS - COMP/OP AGG $I 000 000 X POLICY ~~R.;: LOC . ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - ANY AUTO (Eaaccident) - ALL OWNED AUTOS BODilY INJURY $ - SCHEDULEDAUTOS (Per person) - HIRED AUTOS BODilY INJURY $ - NON-OWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE $ (Per accIdent) RRAGE LIABILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ DESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WCSTATU-.I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $ OFFICER/MEMBER EXCLU OED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ A OTHER OPS0084513 7/1/2009 7/1/2010 1,000,000 Professional Liability DESCRIPTION OF OPERATIONS' LOCATIONS 'VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is additional insured with respect to General Liability. CERTIFICATE HOLDER Collier County BCe Human Services Dept 3301 Tamiami Trail E Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ACORD 25 (2001/08) 1604 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the polley, 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 1604 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE{MM/DDfYYYY) 1/5/2010 PRODUCER Phone: 239-262-7171 Fax: 239-262-5360 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance - Naples ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 112500 ALTER rHE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34108 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Scottsdale Insurance Co. Children's Advocacy Center INSURERS: Florida Retail Federation 1036 6th Ave N Naples FL 34102 INSURER c: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~ Pp}-~Y EFFECTIVE POL.ICYEXPIRATION LTR N POLICY NUMBER L.IMITS A ~NERAL. LIABILITY OPS0084513 7/1/2009 7/1/2010 EACH OCCURRENCE $1 000 000 X COMMERCIAL. GENERAL LIABILITY I ~~~~~~ Ea occurence 0300 000 X l CLAIMS MADE D OCCUR MED EXP (Anyone person) '5 000 X HN()A $'00 000 PERSONAL & ADV INJURY $1 000 000 c- GENERAL AGGREGATE $1 000 000 ~'LAGG~EnE LIMIT APn PER: PRODUCTS - COMP/OP AGG $1 000 000 X POLICY ':'39..: LOC ~TOMOBIL.E LIABIL.ITY COMBINED SINGLE LIMIT . - ANY AUTO (Eaaccident) - ALL OWNED AUTOS BODILY INJURY (Per person) . L- SCHEDULED AUTOS L- HIRED AUTOS BODILY INJURY (Peraccidenl) . L- NON..QWNED AUTOS - PROPERTY DAMAGE . (Per accident) =iRAGE LIABILITY AUTO ONLY - EAACCIDENT . ANY AUTO OTHER THAN EAACC . AUTO ONLY: AGG . ~~SSIUMBREL.LA L.IABIL.ITY EACH OCCURRENCE . OCCUR D CLAIMS MADE AGGREGATE . . ==1 ~EDUCTIBLE . RETENTION . . B WORKERS COMPENSATION AND 052029767 1/1/2010 1/1/2011 X I T~~~I~Tg.;, I IOJ~- EMPL.OYERS'LlABILlTY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLU OED? E.L. DISEASE - EA EMPLOYEE $1 000 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1 000 000 A OTHER OPS0084513 7/1/2009 7/1/2010 1,000,000 Professional Liability ~~ESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS ertificate holder is additional insured with respect to General Liability. CERTIFICATE HOLDER Collier County BCC Human Services Dept 3301 Tamiami Trail E Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZeO REPRESENTATIV ACORD 25 (2001/08) IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)