Agenda 11/18/2014 Item # 16D 211/18/2014 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve the First Amendment to Agreement 12 -5944 with Collier County
Child Advocacy Council, Inc. to provide mandated services identified under Section 39.304(5),
Florida Statutes.
OBJECTIVE: To provide the cost of the initial forensic physical examination cost for allegedly abused,
abandoned, or neglected children in Collier County, as identified under Section 39.304(5), Florida
Statutes.
CONSIDERATIONS: Since 1990 the County has contracted with the Collier County Child Advocacy
Council, Inc. (CCCAC) to provide the initial forensic physical examinations or medical consultations for
allegedly abused, neglected, or abandoned children residing in Collier County. On September 25, 2012,
the Board approved Agreement 12 -5944 for a one year term with three optional additional one -year term
renewals (Agenda item 16D2).
The proposed amendment requires the County to pay for the "initial forensic physical examination ". This
clarification is made for consistency with Section 39.304(5), Florida Statutes, which provides that
counties "in which the child is resident shall bear the initial costs of the examination of the allegedly
abused, abandoned, or neglected child ".
The proposed amendment removes all references to CCCAC's requirements to seek reimbursement from
the child's parents, legal guardian, or legal custodian. This clarification is also made for consistency with
Section 39.304(5), Florida Statutes, which prohibits direct billing to the victim. Furthermore, the
amendment clarifies the language in the scope of work and required documentation for proper payment.
FISCAL IMPACT: Funds in the amount of $80,000 are budgeted in the Community and Human
Services FYI General Fund (001).
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. - JAB
GROWTH MANAGEMENT: There is no growth management impact associated with this action.
RECOMMENDATIONS: That the Board of County Commissioners approves and authorizes the
Chairman to sign the First Amendment to Agreement 12 -5944 with Collier County Child Advocacy
Council, Inc. to ensure continuous funding for mandated services identified under Florida Statute
39.304(5).
Prepared by: Lisa N. Carr, Grants Coordinator, Community and Human Services
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11/18/2014 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve the First Amendment to Agreement 12-
5944 with Collier County Child Advocacy Council, Inc. to provide mandated services identified
under Florida Statute 39.304(5).
Meeting Date: 11/18/2014
Prepared By
Name: CarrLisa
Title: Grants Coordinator, Community & Human Services
10/16/2014 11:29:35 AM
Approved By
Name: MaeEsther
Title: Accountant, Senior, Community & Human Services
Date: 10/16/2014 2:58:25 PM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Community & Human Services
Date: 10/16/2014 4:08:59 PM
Name: GrantKimberley
Title: Director - Housing, Human and Veteran S, Community & Human Services
Date: 10/17/2014 8:58:16 AM
Name: MagonGeoffrey
Title: Grants Coordinator, Community & Human Services
Date: 10/20/2014 11:07:31 AM
Name: Bendisa Marku
Title: Supervisor - Accounting, Community & Human Services
Date: 10/22/2014 4:59:07 PM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 10/23/2014 5:14:09 PM
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11/18/2014 16.D.2.
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 10/27/2014 1:48:16 PM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 10/28/2014 2:44:47 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 1 l /5/2014 9:16:52 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 11/5/2014 10:1 8:57 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: l l /5/2014 3:47:32 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: l l /7/2014 11:25:56 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/10/2014 10:28:58 AM
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11/18/2014 16.D.2.
FIRST AMENDMENT TO AGREEMENT 12 -5944
CHILD ADVOCACY FOR MANDATED SERVICES
This Amendment, is entered into this day of , 2014, by and
between the Collier County Child Advocacy Council, Inc. d/b /a Children's Advocacy Center of Collier
County (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 and Collier County, Florida, herein after to be referred to as "COUNTY, "'collectively stated as
the "Parties."
WHEREAS, on September 25, 2012, the County entered into an agreement with CCCAC to
provide initial forensic physical examination and medical consultation services forfallegedly abused and
neglected children who are residents of Collier County pursuant to Section 39.304(5), Florida Statutes or
conduct a medical records review in cases where such a review can serve in place of an initial forensic
physical examination (hereinafter referred to as the "Agreement "); and
I
WHEREAS, the Parties desire to amend the Agreement by modifying the language in paragraph
2, Scope of Work and paragraph 3, Compensation.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to
amend the Agreement as follows:
1. Amend paragraph 2, Scope of Work as follows:
SCOPE OF WORK: The CCCAC will provide the following servicet in accordance with
Florida Statute § 39.304(5). Attachment A:
A. Provide initial forensic physical fnedie-al examination and medical consultation
evalumien services for abused or neglected children who are residents of Cqllier County pursuant
to Section § 39.304(5) haptef-39; Florida Statutes, or conduct a medical records review in cases
where such a review can serve in place of an initial forensic physical examination.
B. Possess, maintain and keep current any and all necessary license(s) regiJired by governmental
authorities.
C. Maintain adequate fiscal accounting procedures in accordance with generally accepted
accounting principles audifing standaMs. Maintain all financial records,, documentation, and
reports relating to funds paid under this Agreement.
First Amendment to Agreement 12 -5944 Child Advocacy for Mandated Services
Collier County Child Advocacy Council, Inc. Inc. d/b /a
Children's Advocacy Center of Collier County
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D& Allow inspection, review or audit of these records by County personnel upon reasonable
notice, subject to the confidentiality requirements of Chapter 39, Florida Statutes. CCCAC will
will execute said forms.
EF. Retain all books, records and other documents relative to this Agreement for three (3) years
after final payment.
F_G. CCCAC shall receive reimbursement for those medical services pursuant to Section
39 3040 Florida Statutes in accordance with Paragraph 3 Compensatiotn of this Agreement.
Wheft eiFewnstanees peFmit, give te the pafents, legal geafdiafi, ef legal O�stediaii ef an), e
with eeFtifieatiea by the ease eeer-diaeAer- that said -notiee was given. ;he eapy pr-evided-4e
- an or- legal eustedian, GGGAG shall send, b�' Fegular-
U.S. ', theeetiee to the pafe ,
guafdi
legal guafdia-n or- legal eustediafL
legal
legal eustedia-H isr tiet er when
these ins4anees when a pafeal, guar-dian eF
,
G44. The CCCAC shall pay from its own account 44 the initial forensic physical nnlieel
examination and medical consultation costs to the providers of medical diagnosis and evaluation
services for each child abuse or neglect case and seek reimbursement' from the County in
accordance with the Compensation section of this agreement. Thefe shall Oe " ment ly '
- —.., _ ... ... .., - - -- -- - - - - --
eiigibilit�, determination.
Hl;. The CCCAC shall maintain Medicaid provider status from Florida )department of Health
(DOH) and shall bill Medicaid for all investigation costs of the initial forensic physical r,.,edieal
First Amendment to Agreement 12 -5944 Child Advocacy for Mandated Services
Collier County Child Advocacy Council, Inc. Inc. d/b /a
Children's Advocacy Center of Collier County
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examination and medical consultation evaluation services for each Medicaid eligible child abuse
or neglect case. The County shall not be required to pay for any costs for the initial forensic
physical med-ieal examination and medical consultation evalua4ian 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 . f^^-' ph 14,
above. Each denial form shall refer to a case number that corresponds to the, number on the initial
forensic physical medical examination and/or medical consultation invoice.
A The GGGAG shall also use its best effei4s te seek reimbursement &effl appropriate state
ageiieies &r- all se�Eual abuse e�Eaffliaafiens billed b
denied by said ageneies, the GGGAG shall obtain ffem said state a- es a denial ,
IK, 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.
Jb. The CCCAC shall act as an independent entity and not as an agent of the County in operating
the aforementioned service. '
Amend paragraph 3, Compensation as follows:
COMPENSATION. The County shall reimburse the CPT at the fixed rateof three hundred fifty
dollars ($350.00) P for initial forensic physical meal - examination and
administrative costs. evalua4iaa,
Nledieaid eligible eases. The County shall alse reimburse the CPT at the fix d rate of one hundred
twenty five dollars ($125.00) for a medical consultation, where such a medical consultation can
serve in place of an initial forensic physical examination;, alowever, the County shall in no
instance be required to pay for both an initial forensic physical examioation and a medical
consultation. A medical consultation may be provided when a medical pbysical 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 td reach the medical
conclusions. The CPT medical record must include copies of the relevant t records and reports
used to arrive at the medical opinion.
3.1 Medicaid is primary paver on all non Crimes Victim's Services initial forensic physical
or ineligible finding is to be printed and presented with the invoice to the County. if amen
Medieaid eligible ease invelves sexual abtise, the GGGAG shall seek payment 4 A e
not pay fef se*ual abuse examinations within thifty (�Q) days from the subaRission ef the invaiee
b
First Amendment to Agreement 12 -5944 Child Advocacy for Mandated Services
Collier County Child Advocacy Council, Inc. Inc. d/b /a
Children's Advocacy Center of Collier County
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to that ageoey by the- CGCAG, then GGGAC shall ifiveirae -the C-eHnty, and said inveiees shall be
I- abei'e.
3.2 Crimes Victim's Services is to be billed for all situations covered under �OI l Florida Statutes
§ 960 28 see Attachment B If denied the invoice will include documentation of denial. The
County will be billed at the time denial is received by CCCAC. If reimbursement from Crimes
Victim's Services SteAe ageneies, is received by the CCCAC at any time after the County has paid
CPT invoices, CCCAC shall then reimburse the County for any Crimes V5ctim's Services state
ageeey monies se received. Said reimbursement shall reference the case number for which the
reimbursement is being provided. j
3.3 There shall be a monthly invoice which shall reference an invoice number, invoice date, a
CPT case number for each initial forensic physical examination and /or medical consultation.
Geunt�, aeknewledges that CPT will ineur- addifienal expenses fer- staff-, eoipmeat and supp!
te detefmine Medieaid eligibility and ebtain payment by Medieaid in eligible eases. The CPT
ebtai-n°aRt."orized by Medieaid er Grime Vietims- Sei=:;ses.
3.4 Cetmt�, shall Reimburse C-CCAC for- postage ehafges fer- statements senj te parents, guardians
er- legal eustedians pur-suaw to the pr-evisions of Seetion 2, Paragraph G, above.
3.4§ 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 q�CCAC requirements.
The County shall pay the CCCAC for the performance of this Agreement.
3.56- 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 "Iaches" as untimely submitted. �ime shall be deemed
of the essence with respect to the timely submission of invoices under this atreement.
3. Add Attachment A, Florida Statute § 39.304(5)
4. Add Attachment B, Florida Statute § 960.28
5. All other terms and conditions of the Agreement remain in full forde and effect. This
Amendment merges any prior written and oral understanding and agreements, if any, between the
parties with respect to the matters set forth herein.
First Amendment to Agreement 12 -5944 Child Advocacy for Mandated Services
Collier County Child Advocacy Council, Inc. Inc. d/b /a
Children's Advocacy Center of Collier County
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6.
IN WITNESS WHEREOF, the Parties have executed this Amendment, on the date and year first above
written.
COLLIER COUNTY CHILD ADVOCACY
COUNCIL, INC.
By:
a Stephens, M.A
Date
ATTEST:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
BOARD OF COUNTY dOMMISSIONERS
OF COLLIER COUNTY,, FLORIDA
By:
TOM HENNING, CHAIRMAN
i
Date
Approved for form and legality:
Jennifer A. Belpedio `OC
Assistant County Attorney, �
\O
First Amendment to Agreement 12 -5944 Child Advocacy for Mandated Services
Collier County Child Advocacy Council, Inc. Inc. dlb /a j
Children's Advocacy Center of Collier County
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ATTACHMENT A
Florida Statute & 39.304(5)
First Amendment to Agreement 12 -5944 Child Advocacy for Mandated Services
Collier County Child Advocacy Council, Inc. Inc. d/b /a
Children's Advocacy Center of Collier County
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ATTACHMENT B
Florida Statute § 960.28 Payment for victims' initial forensic physical examinations.
(1) A medical provider who performs an initial forensic physical examination may not bill a
victim or the victim's parent or guardian if the victim is a minor directly or indirectly for that
examination.
(2) The Crime Victims' Services Office of the department shall pay for medical expenses
connected with an initial forensic physical examination of a victim of sexual battery as defined in
chapter 794 or a lewd or lascivious offense as defined in chapter 800. Such pajyment shall be
made regardless of whether the victim is covered by health or disability y nsurince and whether
the victim participates in the criminal justice system or cooperates with law enforcement. The
payment shall be made only out of moneys allocated to the Crime Victims' Services Office for
the purposes of this section, and the payment may not exceed $500 with respect to any violation.
of evidence. The victi
indirectly, the cost of an initial forensic physical examination performed in accordance with this
section.
(3) The department may allow, deny, controvert, or litigate claims made agtainst it under this
section.
(4) Information received or maintained b t�partment identifying an alleged victim who
seeks payment of medical expenses under this section is confidential and exempt from the
provisions of s. 119.07(1).
(5) A defendant or juvenile offender who pleads guilty or nolo contendere io, or is convicted
of or adjudicated delinquent for, a violation of chapter 794 or chapter 800 shall be ordered by the
court to make restitution to the Crimes Comnensation Trust Fund in an amount eaual to the
the Crime Victims'
initial forensic nhvsical examination. The order may be
same manner as a judgment in a civil action.
First Amendment to Agreement 12 -5944 Child Advocacy for Mandated Services
Collier County Child Advocacy Council, Inc. Inc. d/b /a
Children's Advocacy Center of Collier County
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