Loading...
Agenda 09/25/2012 Item #16D2 Proposed Agenda Changes Board of County Commissioners Meeting September 25,2012 Request to hear Item 10A immediately before Item 14A1. (Commissioner Hiller's request) Add Item 10K: Consideration of impending vacancy on the Collier County Planning Commission for District 5 representative. (Commissioner Coletta's request) Withdraw Item 11D: This is a quasi judicial hearing.This item requires that ex parte disclosure be provided by Commission members and all participants are required to be sworn in. Recommendation to hear testimony from American Medical Transport and the public to determine the need for an additional Class 2 post-hospital inter-facility transport ambulance transfer service in Collier County. (Applicant's request) Withdraw Item 11E: Recommendation to approve the Site Improvement Plan and authorize the Chair to sign the Compliance Agreement for Star Mobile Home Park located at 1507 Immokalee Drive,Immokalee, Florida. (Staff's request on behalf of property owner) Move Item 16A7 to Item 11J: Recommendation to accept a schedule to review past staff clarifications of the Land Development Code(LDC)and to accept specific Staff Clarifications attached to this Executive Summary. (Commissioner Hiller's request) Add Item 11K: Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of County Commissioners and Office of the County Attorney into Fiscal Year 2013,allowing for final revisions to the proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9, 2012. (Staff's request) Withdraw Item 16C1: Recommendation to approve a time and materials contract with Agnoli Barber& Brundage in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312 Professional Services During Construction," Project Number 72549. (Staff's request pending resolution of a bid protest) Continue Item 16D5 to the October 9,2012 BCC Meeting: Recommendation to accept the Conservation Collier Annual Report. (Staffs request) Continue Item 16D6 to the October 9,2012 BCC Meeting: Recommendation to approve and authorize the Chairman to execute a Resolution repealing Resolution No.2009-296 and a Resolution establishing a revised Collier County Public Library Fees and Fines Schedule. (Staffs request) Move Item 16D9 to Item I IL: Recommendation to comply with a Housing and Urban Development(HUD) payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block Grant(CDBG)project subawarded to Habitat for Humanity(HFH)and authorize any necessary budget amendments. (Commissioner Hiller's request) Withdraw Item 16G1: Recommendation to approve a License Agreement with United Circus Operating Co.,Inc. d/b/a The Kings Bros Circus at the Immokalee Airport for a one(1)day circus event. (Staff's request) Proposed Agenda Changes Board of County Commissioners Meeting September 25,2012 Page 2 Withdraw Item 17C: Recommendation to adopt proposed changes to Ordinance No.91-65,of the Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise clarify terms. (Staff's request) Note: Item 16D2: The second sentence in the Considerations section of the Executive Summary should read: "Per Florida Statutes subsection 39.304(5), the parents, legal guardians, or legal custodians are required to reimburse the County for the costs of such initial allowable examinations". (Staff's request) Time Certain Items: Item 9B to be heard at 5:05 p.m. (Bayshore Triangle CRA Amendments and Wellfield and related Amendments) Item 10I to be heard at 1:05 p.m. Item 11C to be heard at 10:00 a.m. Item 12A to be heard at 11:30 a.m. Item 12B to be heard at 12:00 noon in a Closed Session Item 12C to be heard at 1:00 p.m. in an Open Session 9/25/2012 9:39 AM 9/25/2012 Item 16.D.2. EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign Agreement No. 12-5944, Child Advocacy Agreement for Mandated Services with the Collier County Child Advocacy Council, Inc., to provide for mandated services identified under Florida Statute 39.304(5). The agreement will have a fiscal impact of$70,000. OBJECTIVE: To contract with Collier County Child Advocacy Council, Inc. (CCCAC) d/b/a Child Protection Team of Collier County to meet the obligations in Section 39.304(5), Florida Statutes, and for the Board to approve an exemption from formal competition for this purchase. CONSIDERATIONS: The County has contracted with the CCCAC to provide the initial examinations for allegedly abused, neglected, or abandoned children residing in Collier County since 1990. Per Florida Statutes § 39.304(5), the parents, legal guardians, or legal custodians are required to reimburse the County for the costs of such initial examinations. The term of the proposed attached agreement will start on October 1, 2012 and is for one (1) year with three (3) additional one-year renewal options. The proposed agreement provides that the County pay the cost of the initial examination at $350 per examination, or the County will pay the cost for a review of medical records at $125 whenever such review can serve in lieu of an initial examination. However, the County is not required to pay for both a physical examination and a medical records review. Due to confidentiality laws protecting the children examined, the agreement requires that the CCCAC seek reimbursement for the County from the parents, guardians or custodians. The agreement further requires that CCCAC provide certification to the county that it invoiced the parents, legal guardians, or legal custodians for payment. The actual expenditure for Fiscal Year 2010 was $39,925 and in FY2011 the actual expenditure was $48,550. The To-Date expenditure for FY2012 is $52,750. The County's Purchasing Department determined that the CCCAC is the sole Child Advocacy Center in the County eligible to conduct the medical exams pursuant to Section 39.304(5), Florida Statutes. Staff is requesting that the Board exempt this purchase from formal competition, as provided in the Purchasing Policy, Section V.A.2. CERTIFICATION BY THE PURCHASING DIRECTOR: By approval of this Executive Summary, the Purchasing Director certifies that: 1. The item (or in this instance, "service") is the only one available that can properly perform the intended function; and 2. The recommended vendor/contractor is the only one ready, willing, and able to meet the County's requirement. Packet Page-2464- 9/25/2012 Item 16.D.2. FISCAL IMPACT: Funds in the amount of $70,000 have been budgeted in the Housing Human and Veteran's Services fund 001-155930, Client Assistance Program for Fiscal Year 2013 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: This Contract has been reviewed and approved by the County Attorney's Office, is legally sufficient and requires a majority vote for approval. --ERP RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign Agreement No. 12-5944 with Collier County Child Advocacy Council, Inc., for the payment of the initial expenses of exams associated with allegedly abused, neglected and abandoned children according to Florida Statute 39.304(5). Prepared by: Kimberley Grant, Interim Director of Housing, Human, and Veterans Services Packet Page -2465- 9/25/2012 Item 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2. Item Summary: Recommendation to authorize the Chairman to sign Agreement No. 12- 5944, Child Advocacy Agreement for Mandated Services with the Collier County Child Advocacy Council, Inc., to provide for mandated services identified under Florida Statute 39.304(5). The agreement will have a fiscal impact of$70,000. Meeting Date: 9/25/2012 Prepared By Name: Bendisa Marku Title: Operations Analyst,Wastewater 7/31/2012 2:13:47 PM Submitted by Title: Operations Analyst,Wastewater Name: Bendisa Marku 7/31/2012 2:13:48 PM Approved By Name: DeLeonDiana Title: Contracts Technician,Purchasing Date: 8/2/2012 11:26:00 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing &Ge Date: 8/7/2012 10:20:54 AM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 8/8/2012 12:17:20 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing& Gene Date: 8/14/2012 7:21:55 AM Packet Page-2466- 9/25/2012 Item 16.D.2. Name: GrantKimberley Title: Interim Director,HHVS Date: 8/18/2012 4:03:12 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/18/2012 5:01:04 PM Name: AckermanMaria Title: Senior Accountant, Grants Date: 8/20/2012 10:27:29 AM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 8/29/2012 8:09:11 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 9/4/2012 3:52:28 PM Name: KlatzkowJeff Title: County Attorney Aeow Date: 9/14/2012 9:51:21 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 9/14/2012 3:08:57 PM Name: OchsLeo Title: County Manager Date: 9/15/2012 3:22:28 PM Packet Page-2467- 9/25/2012 Item 16.D.2. County Collier County Administrative Services Division Waiver Request Purchasing Instructions Completed waiver requests must be submitted to the department's procurement professional for any amount above $3,000. Purchases above$3000 require three quotes or formal competition. The department must provide justification to Purchase to request consideration to waive the competitive purchasing process,and purchase from a single vendor. Waivers of greater than $50,000 will require approval by the Board of County Commissioners. To qualify for a waiver select a waiver category, provide an explanation of the research conducted and the supporting rationale,;and acquire the approval signature from your director.Send the waiver request,any research information and contract materials to your purchasing professional in Purchasing. Requester Name: Bendisa Markle Vendor Name:Collar County Crud Advocacy Council.Inc.(CCCAC)visa Child Protection Team of Colher County Department: Housing,Human and Veteran Services Item/Service:Pay fie meal cog,W eromneeon>tor ehegemy abuse neplerttd. aeandeaad ttNdren raylpino m Cower Caunry Requisition #(if applicable): j Anticipated Cost: $70,000.00 Emergency: Describe the public health or safety issues that requires the immediate product or service(i.e.,The supply of vaccination was completely depleted within hours of delivery to the employee health center;the current vendor will not receive another shipment for 2 weeks). Compatibility/Proprietary(One of a Kind or No Substitute Available): Describe the research completed to determine that there is only one product or service capable of meeting the County's existing conditions and that no other vendor can provide a product, component,or replacement part that may be substituted. As mandated by Florida Statute 39.304(5)Collier County pays for the initial examination of a child where child abuse or neglect is suspected. This service is provided through a contract with the local Child Protection Team(CPT).According to the Florida Department of Health,Child Protection Team the only provider in Collier County for the Child Protection Team medical services in District BC is Collier County Child Advocacy Council,Inc.(please see attachment and the following link http://www.cros•kids.comtfamilies/child_protection_safety/child_protection_teams.html). Authorized Distributor: Describe the research completed to find similar features and operability,and a letter from the manufacturer naming the single source authorized distributor(s)in the southwest Florida region. It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). Requested by: Housing, Human and Veteran Services Date: 7/7/2012 Department Director: Kim Grant Date: 7/7/2012 Procurement Professional: Date: • Packet Page -2468- 9/25/2012 Item 16.D.2. AGREEMENT #12-5944 Child Advocacy Agreement for Mandated Services THIS AGREEMENT, made and entered into on this day of , 2012 by and between the Collier County Child Advocacy Council, Inc. (hereinafter referred to as the "CCCAC"), a not-for-profit Corporation, under agreement with the State of Florida, Department of Children and Families, providing coordination of the Child Protection Team of Collier County (hereinafter referred to as "CPT") authorized to do business in the State of Florida whose business address is 1036 Sixth Avenue North, Naples, Florida 34102, and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter call the "County": 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on October 1, 2012 and terminating on September 30, 2013. The County may, at its discretion and with the consent of the CCCAC, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County Manager or his designee may extend this Agreement for up to one hundred eighty (180) additional days following expiration of the original or subsequent one (1) year terms. The County shall give the CCCAC written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Amok 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. Packet Page -2469- 9/25/2012 Item 16.D.2. E. Allow inspection, review or audit of these records by County personnel upon reasonable notice, subject to the confidentiality requirements of Chapter 39, Florida Statutes. F. Retain all books, records and other documents relative to this Agreement for three (3) years after final payment. G. When circumstances permit, give to the parents, legal guardian, or legal custodian of any child examined for abuse or neglect a notice requesting reimbursement to Collier County pursuant to Section 39.304(5), Florida Statutes. Reimbursement shall only be sought for those services authorized pursuant to Section 39.304, Florida Statutes and shall not be sought for an initial forensic examination. The CCCAC shall also provide a copy of said notice to Collier County with certification by the case coordinator that said notice was given. The copy provided to Collier County shall have all confidential information redacted from the copy provided to Collier County. When circumstances do not permit the CCCAC to give said notice to the parents, legal guardian or legal custodian, CCCAC shall send, by regular U.S. Mail, the notice to the parents, legal guardian or legal custodian. 1. Circumstances which would be deemed to not permit the CCCAC to give said notice include those instances when a parent, legal guardian or legal custodian is not present, or when CCCAC determines that giving said notice may result in a confrontation between the CCCAC personnel and the parents, legal guardian or legal custodian. 2. The CCCAC shall have the sole discretion to determine whether or not circumstances permit giving said notice to the parents, legal guardian or legal custodian. When CCCAC sends the notice to the parents, legal guardian or legal custodian by regular U.S. Mail, CCCAC shall provide a copy of said notice to Collier County with a certification by the case coordinator that states such notice was mailed. The copy provided to Collier County shall have all confidential information redacted from the copy provided to Collier County. 3. Families with medical insurance will be afforded the opportunity to file a claim with their insurance company through receipt of a statement of expenses that will be provided by the CCCAC. These families will be expected to submit all insurance payments they receive to the County for reimbursement of related medical expenses. H. The CCCAC shall pay from its own account for the initial medical examination costs to the providers of medical diagnosis and evaluation services for each child abuse or neglect case. There shall be a monthly invoice which shall reference a CPT case number for each examination and evaluation, and which shall provide an indication of whether each case is Medicaid eligible, denied, or pending Medicaid eligibility determination. 12-5944—Child Advocacy Agreement for 2 Mandated Services Packet Page-2470- 9/25/2012 Item 16.D.2. I. The CCCAC shall maintain Medicaid provider status from Florida Department of Health (DOH) and shall bill Medicaid for all investigation costs of the initial medical examination and evaluation services for each eligible child abuse or neglect case. The County shall not be required to pay for any costs for the initial medical examination and evaluation in Medicaid eligible cases. The CCCAC shall obtain from Medicaid a denial form for all cases found not to be Medicaid eligible, and shall submit same to the County at the time of billing pursuant to paragraph H, above. Each denial form shall refer to a case number that corresponds to the number on the medical examination invoice. J. The CCCAC shall also use its best efforts to seek reimbursement from appropriate state agencies for all sexual abuse examinations billed during the term of this Agreement. If payment is denied by said agencies, the CCCAC shall obtain from said state agencies a denial notification, which shall also refer to a case number that corresponds to the number on the examination invoice and promptly provide it to the County. K. Before execution of this Agreement, the CCCAC shall furnish the County with copies of its current contracts between the CPT and its medical provider(s), and copies of its contracts with DCF relating to the CPT. Any amendments or new agreements executed during the term of this agreement between CPT and its medical provider(s) or DCF shall be immediately forwarded to the County. L. The CCCAC shall act as an independent entity and not as an agent of the County in operating the aforementioned service. 3. COMPENSATION. The County shall reimburse the CPT at the rate of three hundred fifty dollars ($350.00) per examination for medical examination and evaluation, plus actual x-ray and laboratory costs incurred in all non-Medicaid eligible cases. The County shall also reimburse the CPT at the rate of one hundred twenty five dollars ($125.00) for a medical consultation where such a consultation can serve in place of a physical examination; however, the County shall in no instance be required to pay for both a physical examination and a medical consultation. A medical consultation may be provided when a medical evaluation has already been performed by a non-CPT medical provider. A medical consultation involves situations where the child protective investigator (or court) requests CPT to assist with a medical opinion. A medical consultation must result in a typed report that references all the pertinent history, examination findings and laboratory/imaging studies used to reach the medical conclusions. The CPT medical record must include copies of the relevant records and reports used to arrive at the medical opinion. 3.1 If any non-Medicaid eligible case involves sexual abuse, the CCCAC shall 12-5944—Child Advocacy Agreement for 3 Mandated Services Packet Page -2471- 9/25/2012 Item 16.D.2. seek payment from appropriate state agencies prior to seeking reimbursement from the County. If appropriate state agencies do not pay for sexual abuse examinations within thirty (30) days from the submission of the invoice to that agency by the CCCAC, then CCCAC shall invoice the County, and said invoices shall be paid by the County in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act" after receipt of a written request for reimbursement and a copy of statement(s) provided the County pursuant to the provisions of Section 2, Paragraph H & I above. 3.2 If reimbursement from State agencies is received by the CCCAC at any time after the County has paid CPT invoices, CCCAC shall then reimburse the County for any state agency monies so received. Said reimbursement shall reference the case number for which the reimbursement is being provided. 3.3 County acknowledges that CPT will incur additional expenses for staff, equipment and supplies to determine Medicaid eligibility and obtain payment by Medicaid in eligible cases. The CPT will also incur similar additional expenses in seeking reimbursement in sexual abuse cases. Because the County will benefit from these expenses incurred by CPT to obtain Medicaid payment or reimbursement from Crime Victims' Services, County agrees to pay the sum of fifty dollars ($50.00) to CPT for reimbursement of CPT's administrative costs in each Medicaid eligible case and each sexual abuse case for which Crime Victims' Services reimbursement is obtained, if authorized by Medicaid or Crime Victims' Services. 3.4 County shall Reimburse CCCAC for postage charges for statements sent to parents, guardians or legal custodians pursuant to the provisions of Section 2, Paragraph G, above. 3.5 Monthly payments will be made upon receipt of a proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of CCCAC requirements. The County shall pay the CCCAC for the performance of this Agreement. 3.6 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 12-5944—Child Advocacy Agreement for 4 Mandated Services Packet Page -2472- 9/25/2012 Item 16.D.2. 4. NOTICES. All notices from the County to CCCAC or CPT shall be deemed duly served if mailed or faxed to the CCCAC and CPT at the following address: Jacqueline Griffith Stephens, M.A. Executive Director Collier County Child Advocacy Council, Inc. 1036 Sixth Avenue North Naples, FL 34102 Phone: 239-263-8383 ext. 228 Fax: 239-263-7931 All notices from CCCAC to the County shall be deemed duly served if mailed or faxed to the County to: Housing, Human and Veteran Services Department 3339 Tamiami Trail East, Unit 212 Naples, Florida 34112 Attn: Kimberley Grant Phone: 239-252-6287 Fax: 239-252-2638 The CCCAC and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and CCCAC or to constitute CCCAC as an agent of the County. 6. SUBCONTRACTS. Any work or services subcontracts by the CCCAC shall be specifically by written contract or agreements, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the CCCAC of any subcontract hereunder, such subcontracts must be submitted by the CCCAC to Housing and Human Services for its review and approval. None of the work or services covered by the Agreement, including but not limited to consultant work or services, shall be subcontracted by the CCCAC or reimbursed by the County without prior written approval of the Housing and Human Services Director or her designee. 7. AMENDMENTS. This Agreement may not be amended unless in writing executed by all parties to the Agreement. If either of the parties is unable to perform 12-5944— Child Advocacy Agreement for 5 Mandated Services Packet Page-2473- 9/25/2012 Item 16.D.2. due to a change in State or federal law (or the issuance of a court order) that materially changes the terms of the Agreement, either party may postpone performance upon providing the other party written suspension of the Agreement until the parties agree upon an amendment that conforms to the change in law; or, alternatively, terminate this Agreement as provided in numbered paragraph 11. If Collier County notifies CCCAC that it is suspending the Agreement, Collier County shall still be responsible for payment for all services provided by CCCAC or expenses incurred by CCCAC or expenses which CCCAC is obligated to pay through the date of suspension. Any amendments to this Agreement shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 8. PERMITS; LICENSE; TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by CCCAC. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by CCCAC. The CCCAC shall also be solely responsible for payment of any and all taxes levied on the CCCAC. In addition, CCCAC shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The CCCAC agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by CCCAC. 9. NO IMPROPER USE. The CCCAC will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the CCCAC or if the County or its authorized representative shall deem any conduct on the part of the CCCAC to be objectionable or improper, the County shall have the right to suspend the contract of the CCCAC. Should CCCAC fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The CCCAC further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any 12-5944—Child Advocacy Agreement for 6 Mandated Services Packet Page-2474- 9/25/2012 Item 16.D.2. employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 11. TERMINATION. Should CCCAC or the County be found to have failed to perform its services in a manner satisfactory to the County or CCCAC as per this Agreement, the non-defaulting party shall notify the defaulting party in writing and give the non-defaulting party a reasonable opportunity to cure the default. If the default is not timely cured by the defaulting party, the non-defaulting party may terminate this Agreement for cause. Either party may terminate this Agreement for convenience by providing the other party with a thirty (30) day written notice. 12. NO DISCRIMINATION. The CCCAC agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The CCCAC shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; domook Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by CCCAC during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a 12-5944—Child Advocacy Agreement for 7 Mandated Services Packet Page-2475- 9/25/2012 Item 16.D.2. thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. CCCAC shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same CCCAC shall provide County with certificates of insurance meeting the required insurance provisions. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the CCCAC shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegal fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CCCAC or anyone employed or utilized by the CCCAC in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the negligence of Collier County. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veteran Services Department. 16. CONFLICT OF INTEREST: CCCAC represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CCCAC further represents that no persons having any such interest shall be employed to perform those services. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the CCCAC is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CCCAC to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 12-5944 —Child Advocacy Agreement for 8 Mandated Services Packet Page-2476- 9/25/2012 Rem 16.D.2. 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_ ********** mow 12-5944— Child Advocacy Agreement for 9 Mandated Services Packet Page-2477- 9/25/2012 Item 16.D.2. IN WITNESS WHEREOF, the CCCAC and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman Date: Approved as to form and legal sufficiency: Scott R. Teach _,,- Deputy County Attorney COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. By: Jacqueline Griffith Stephens, M.A. Executive Director Date: First Witness TType/print witness nameT Second Witness TType/print witness nameT 12-5944 — Child Advocacy Agreement for 10 Mandated Services Packet Page -2478-