Agenda 09/09-10/2008 Item #16D37
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Recommendation that the Board of County CommissIoners enter into an Agreement with Heart of
Adoptions Alliance, Inc, to authorize the distribution of funds received from the sale of Choose Life
license plates and authorize the Chairman to execute said Agreement.
Prepared By:
Department
Housing and Human Services
Date
8/25/200812:19:44 PM
Approved By:
Department Approval
Public Services Disapproved
Date
8/27/20089:31 AM
Approved By:
Department
Approval
Date
County
Manager's Office Approved
8/27/20082:45 PM
ATTACHMENTS:
Name:
D QQD1rll.Qt:, Choose klie. Hea_rtQtMopJiQns
Alliance 6 20 08 doc
I) ES Heart 01 Adootions Awareness revised .
[DJ:iQt Executive Summary
Description:
Type:
Heart of Adoptions Alliance lnc, Agreement
Cover Memo
Cover Memo
,.-
EXECUTIVE SUMMARY
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Recommendation that the Board of County Commissioners enter into au Agreement with
Heart of Adoptions Alliance, Inc. to authorize the distrihution of funds received from the
sale of Choose Life license plates and authorize the Chairman to execute said Agreement.
OBJECTIVE: That the Board of County Commissioners enters into an Agreement with
Heart of Adoptions Alliance, Inc. to receive funds associated with the Adoption
Awareness license plate revenue program.
CONSIDERATIONS: Florida Statute 320.08058(29) states that a portion of fees
generated from the sale of the "Choose Life" license plates program be reapportioned to
each county so that funds can be distributed amongst qualified non-governmental not-for-
profit agencies whose services involve counseling and meeting the needs of pregnant
women who are committed to placing their children for adoption.
Collier County Government receives these revenues from the sale of the "Choose Life"
license plates in early September each fiscal year.
In order to distribute those funds, the County issued a Request for Proposal (RFP) on
May 7, 2008 seeking a qualified agency eligible to disburse these funds; however, no
qualified agency sought to act as the disbursement agent.
Heart of Adoptions Alliance Inc. contacted the Housing and Human Services Department
in June 2008 indicating that they were eligible to receive the funds for adoption
awareness activities and would agree to perform the responsibilities according to the
specifications of the Agreement
FISCAL IMPACT: A maximum of $15,974.01 will be disbursed to the Heart of
Adoptions Alliance, Inc. in FY 08 from the Adoption Awareness Fund (170), which is
currently budgeted. A maximum of $12,000 will be disbursed in FY 09, and the
remaining balance in the fund as of October I st for FY 10.
LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's
Office. It is legally sufficient for Board action. - CMG
GROWTH MANAGEMENT IMP ACT: There is no growth management impact on
this recommendation.
RECOMMENDATION: That the Board of County Commissioners approve the
Agreement and authorize the Chairman to sign said Agreement
Prepared By: Terri Daniels, Accounting Supervisor, Housing and Human Services
Department
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AGREEMENT
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for
Distribution of Choose Life License Plate Revenues
THIS AGREEMENT, made and entered into on this 9th day of September 2008, by and
between Heart of Adoptions Alliance, Inc., authorized to do business in the State of Florida,
whose business address is 418 West Platt Street, Suite B, Tampa, Florida 33606-2244,
hereinafter called the "Distributor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Distributor shall commence the work upon receipt of the
Choose Life license plate funds, hereinafter "Funds" from the County.
The contract shall be for a twenty four (24) month period, commencing on
October 1, 2008, and terminating on September 30, 2010,
The County may, at its discretion and with the consent of the Distributor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional twelve (12) month periods, The County shall give the Distributor
written notice of the County's intention to extend the Agreement term not less than ten
(10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. Pursuant to Subsection 320.08058(29), Florida Statutes, the
County is authorized to receive annual use fees derived from the sale of Choose Life
license plates. Subsection 320.08058(29)b, Florida Statutes, provides that each county
shall distribute the Funds to nongovernmental, not-far-profit agencies within the
county, which agencies' services are limited to counseling and meeting the physical
needs of pregnant women who are committed to placing their children for adoption.
The Distributor shall receive Funds from the County for the Distribution of Choose Life
License Plate Revenues in accordance with Subsection 320.08058(29). This Agreement
contains the entire understanding between the parties and any modifications to this
Agreement shall be mutually agreed upon in writing by the Distributor and the County
project manager or his designee, in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such services are authorized.
Subsection 320.08058(29)(3) requires for each agency that receives such Funds must
submit an annual attestation to the County. Any unused Funds that exceed 10 percent
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of the Funds received by an agency during its fiscal year must be re;rt'meirf!'fl-f::c' . i
County, which shall distribute them to other qualified agencies.
3. THE CONTRACT SUM. Pursuant to Subsection 320.08058(29) (b), Florida Statutes, the
annual use fees shall be distributed to each county in the ratio that the annual use fees
collected by each county bears to the total fees collected for the plates within the state,
COUNTY shall make disbursements to Distributor as follows:
a. Fifteen 1110usand Nine Hundred and Seventy-Four and 01/100 Dollars ($15,974.01)
from the period beginning the date of this Agreement.
b. Twelve Thousand and 00/100 Dollars ($12,000) from October 1, 2008 through
September 30, 2009, or the balance of the revenue received from October 1, 2008
through September 30, 2009.
c. Twelve Thousand and 00/100 Dollars ($12,000) from October 1, 2009 through
September 30, 2010, or the balance of the revenue received from October 1, 2009
through September 30, 2010.
This schedule is subject to change annually if the number of applicants increases, or if the
annual distribution to the County decreases.
4, NOTICES, All notices from the County to the Distributor shall be deemed duly served
if mailed or faxed to the Distributor at the following Address:
Heart of Adoptions Alliance, lnc.
5633 Strand Boulevard, Suite 316
Naples, FL 34110
Atten: Ms. Daneille D. Stewart
Telephone: 239.594.2830
Facsimile: 239.594.2838
All Notices from the Distributor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/General Services Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
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The Distributor and the County may change the above mailing address a an 1'hlle~
upon giving the other party written notification. All notices under this Agreement
must be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Distributor or to constitute the Distributor as
an agent of the County.
7. LICENSES: TAXES. The Distributor shall be solely responsible for payment of any and
all taxes levied on the Distributor, In addition, the Distributor shall comply with all
rules, regulations and laws of Collier County, the State of Florida, or the U. S.
Government now in force or hereafter adopted. The Distributor agrees to comply with
all laws governing the responsibility of an employer with respect to persons employed
by the Distributor.
8. NO IMPROPER USE. The Distributor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Distributor
or if the County or its authorized representative shall deem any conduct on the part of
the Distributor to be objectionable or improper, the County shall have the right to
suspend the contract of the Distributor. Should the Distributor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Distributor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Distributor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non-performance.
10. NO DISCRIMINATION. The Distributor agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
11. INSURANCE. The Distributor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability, This shall include Premises and Operations; Independent
Distributors; Products and Completed Operations and Contractual Liability.
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B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
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 Distributor during the duration of this Agreement, Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Distributor shall insure that all subDistributors comply with the same insurance
requirements that he is required to meet. The same Distributor shall provide
County with certificates of insurance meeting the required insurance provisions.
12, INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Distributor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Distributor or anyone
employed or utilized by the Distributor in the performance of this Agreement. TIus
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Housing and Human Services Department.
14, CONFLICT OF INTEREST: Distributor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Distributor further represents
that no persons having any such interest shall be employed to perform tl10se services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A, Scope of Work; Exhibit B, Subsection 320.08058(29) Florida
Statutes, "Choose Life License Plates"; Distributor's Proposal and Insurance Certificate.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
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III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and/ or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/ or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/ or
quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this
agreement, the Distributor is formally acknowledging without exception or stipulation
that it is fully responsible for complying with the provisions of the Immigration Reform
and Control Act of 1986 as located at 8 use 1324, et seq. and regulations relating
thereto, as either may be amended. Failure by the Distributor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
19. VENUE. Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid,
or otherwise unenforceable, in whole or in part, the remaining portion of this
Agreement shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added
to this contract upon satisfactory negotiation of price by the Contract Manager and
Distributor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Agreement to resolve disputes between the parties, the parties shall
make a good faith effort to resolve any such disputes by negotiation. The negotiation
shall be attended by representatives of Distributor with full decision-making authority
and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to
the commencement of depositions in any litigation between the parties arising out of
this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of Distributor with full decision-
making authority and by Owner's staff person who would make the presentation of
any settlement reached at mediation to Owner's board for approval. Should either
party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under section 44.102, Fla. Stat.
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Any suit or action brought by either party to this Agreement aga~~~~~o:tb~!!~
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.
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IN WITNESS WHEREOF, the Distributor and the County, have each, irllspe2~,"1J]:~aIll
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Tom Henning, Chairman
Dated:
(SEAL)
Heart of Adoptions, Inc.
By:
First Witness
Jeanne Trudeau Tate
Type/ print witness name
Second Witness
Typed signature and title
Type/print witness name
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
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Exhibit A \ ,!~ P ?~7 \
Scope of Work '. ,;t-" \
Distribution of Choose Life License Plates Revenues, _.ltJ (j;.LPk
County will be responsible for the administration and disbursement of the funds generated
from the Choose Life License Plate Revenues, to all qualified agencies in Collier County,
Distributor will not charge an administration fee for this service. Any unused funds that
exceed 10% of the funds received by a qualified agency during its fiscal year must be
returned to County, who shall then redistribute the monies to the other qualified agencies.
Distributor shall provide the Director of Housing and Human Services with a year-end
report and copies of all financial records relating to this Agreement. Maintain books, records,
documents and other evidence and accounting procedures and practices, which fully and
properly reflect all direct and indirect costs of any nature expended in the performance of
this Agreement. Have relevant records available for inspection and/ or audit at no charge to
the COUNTY for up to three (3) years, Maintain adequate fiscal accounting procedures.
Distributor will submit an annual attestation to Collier County.
Services provided under this program must be in accordance with Florida Statutes
320.08058(29) Services are limited to counseling and meeting the physical needs of pregnant
women in Collier County. At least 70 percent of the funds must be used for direct material
needs of clients including housing, clothing, medical care, food, utilities, and transportation,
Such funds may also be expended on infants awaiting placement with adoptive parents. A
maximum of 30 percent of the funds may be used for adoption, counseling, training, and
advertising.
Services provided under this program may not involve or be associated with any abortion
activities and clients may not be charged for services.
Ineligible activities under this project include administrative expenses, legal expenses, and
capital expenditures.
The Distributor shall assume the entire responsibility for providing servIce under this
Agreement.
The Distributor shall be responsible for the means, methods, techniques, sequences and
procedures relating to the Project.
The Distributor agrees to assign a representative or agent to the Project during the term of
the Project so that the County may effectively coordinate its services with Distributor. The
Distributor's representative or agent under this Agreement shall be any individual that the
Distributor recommends to the County and the County henceforth approves. Moreover, the
Distributor's representative or agent under this Agreement, shall act as Distributor's contract
authority under this Agreement and any directions, instructions, or notifications given such
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Exhibit A, Continued
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representative or agent by the County or by the County's authorized representative or agent
shall be in full force as if given directly to the Distributor. The above notwithstanding, the
County shall endeavor to issue directives, instructions, or notifications relating to the Project
directly to the Distributor,
Distributor shall administrate all paperwork required to perform services, which shall
include but not be limited to, memoranda, reports, forms, and correspondence as well as any
Project clarifications and changes, which may be necessary during the Project. If any such
changes directly affect the County, the Distributor shall notify the County's representative,
and if the County approves such changes in writing, the County shall forthwith prepare
Change Orders and/ or Supplemental Agreement documents as appropriate.
Distributor shall be a non-governmental, not-for-profit agency within Collier County in
which the agency's services are limited to counseling and meeting the physical needs of
pregnant women who are committed to placing their children for adoption.
End of Exhibit A
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Exhibit B
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Subsection 320.08058(29) Florida Statutes, "Choose Life License Plates"
(a) The department shall develop a Choose Life license plate as provided in this section. TI1e
word "Florida" must appear at the bottom of the plate, and the words "Choose Life" must
appear at the top of the plate.
(b) The annual use fees shall be distributed annually to each county in the ratio that the
annual use fees collected by each county bears to the total fees collected for the plates within
the state. Each county shall distribute the funds to nongovernmental, not-for-profit agencies
within the county, which agencies' services are limited to counseling and meeting the
physical needs of pregnant women who are committed to placing their children for adoption.
Funds may not be distributed to any agency that is involved or associated with abortion
activities, including counseling for or referrals to abortion clinics, providing medical
abortion-related procedures, or proabortion advertising, and funds may not be distributed to
any agency that charges women for services received.
1. Agencies that receive the funds must use at least 70 percent of the funds to provide for the
material needs of pregnant women who are committed to placing their children for adoption,
including clothing, housing, medical care, food, utilities, and transportation. Such funds may
also be expended on infants awaiting placement with adoptive parents.
2. The remaining funds may be used for adoption, counseling, training, or advertising, but
may not be used for administrative expenses, legal expenses, or capital expenditures.
3. Each agency that receives such funds must submit an annual attestation to the county.
Any unused funds that exceed 10 percent of the funds received by an agency during its fiscal
year must be returned to the county, which shall distribute them to other qualified agencies,
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