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Agenda 12/15/2009 Item #16D 4 Agenda Item No. 16D4 December 15, 2009 Paqe 1 of 11 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) to provide for mandated services identified under Florida Statute 39.304(5). The Agreement will have a fiscal impact of $70,000. OBJECTIVE: That the Board of County Commissioners approve and authorize the Chairman to sign an agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) d/b/a Child Protection Team of Collier County to meet the obligations on Florida Statute 39.304(5), which requires the County to bear the initial cost of the examination of an allegedly abused, neglected, or abandoned child who is a resident of Collier County. CONSIDERATIONS: Since 1990, the CCCAC has contracted with the Board of County Commissioners to pay the initial cost of examinations for allegedly abused, neglected, or abandoned children residing in Collier County. The requirement for this initial payment is provided for in the Florida Statutes 39.304(5). The Statute indicates that the parents or legal guardians, or legal custodians shall be required to reimburse the County for the costs of such examinations. This contract period is from October 1, 2009 through September 30, 2010. Collier County, after payment for the initial exam, cannot bill for services since the County has no access to the name or address of the parent, legal guardian or legal custodian of the child due to confidentiality laws protecting the child. Therefore, the agreement requires that the CCCAC seek reimbursement for the County from the parents, guardians or custodians. This agreement stipulates that CCCAC provide certification by the case coordinator that notice for payment was given to parents. Florida Statute 39.304(5) indicates that the County will pay for the initial cost of the medical exam. The Agreement is for the County to pay $250 per exam to cover the administrative and other costs that CCCAC incurs to seek reimbursement on behalf of the County. The CCCAC is requesting reimbursement of $75 for medical records review where a review can serve in the place of a physical examination; however, the County will not be required to pay for both a physical examination and a medical records review. Medicaid is the first payment option for these exams, and the Agreement requires that CCCAC bill Medicaid for every case before submitting a request for payment to the County. FISCAL IMPACT: Funds in the amount of $70,000 have already been budgeted in the Housing and Human Services, Client Assistance Program FY10 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact -- associated with this executive summary. Agenda Item No. 16D4 December 15, 2009 Paqe 2 of 11 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is legally sufficient for Board action.-CMG RECOMMENDATION: Staff recommends that the Board of County Commissioners approves and authorizes the Chairman to sign the agreement 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: Terri Daniels, Accounting Supervisor, Housing and Human Services Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16D4 December 15, 2009 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1604 Recommendation to approve and authorize the Chairman to sign an agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) to provide for State mandated services identified under Florida Statute 39.304(5). Fiscal impact of $70,000. 12/15/2009 9:00:00 AM Prep. red By Terri A. Daniels Public Services Division Supervisor ~ Accounting Date Human Services 11/25/20094:26:24 PM Approved By Marcy Krumbine Public Services Division Director - Housing & Human Services Date Human Services 12/1/20098:58 AM Approved By Kathy Carpenter Public Services Executive Secretary Date Public Services Admin. 12/1/200910:23 AM Approved By Marta Ramsey Public Services Division Administrator. Public Services Date Public Services Division 1211/200911:12 AM Approved By Colleen Greene County Attorney Assistant County Attorney Date County Attorney 12/1120093:17 PM Approved By Jeff Klatzkow County Attorney Date Approved By 1211120094:30 PM OMS Coordinator County Manager's Office Date Office of Management & Budget 12121200910:01 AM Approved By Sherry Pryor Office of Management & Budget Management! Budget Analyst, Senior Date Office of Management & Budget 12/2/200911 :42 AM Approved By John A. Yonkosky Office of Management & Budget Director. Management and Budget Date Office of Management & Budget 1212120091 :09 PM Agenda Item fJo. 16D4 December 15, 2009 Page 4 of 11 AGREEMENT #09-5292 For Child Advocacy Agreement for Mandated Services THIS AGREEMENT, made and entered into on this _ day of December, 2009, by and between the Collier County Child Advocacy Council, Inc. (hereinafter referred to as the "CCCAC"), a not-far-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 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 n'otlce of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. SCOPE OF WORK: The CCCAC will provide the following services: 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 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. E. Maintain adequate fiscal accounting procedures. Agenda Item No. 16D4 December 15, 2009 Paqe 5 of 11 (- 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 documents 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 examined for abuse or neglect a notice requesting reimbursement 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 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. 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. 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. J. The CCCAC shall maintain Medicaid provider status from DCF and shall bill Medicaid for all investigation costs of the initial medical 09-5292 - Child Advocacy Agreement for 2 Mandated Services .......- Agenda Item No. 1604 December 15, 2009 Page 6 of 11 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 I, above. Each denial form shall refer to a case number that corresponds to the number on the medical examination invoice. 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 OCF 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 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 medical 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 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 09-5292 - Child Advocacy Agreement for 3 Mandated Services Agenda Item No. 16D4 December 15, 2009 Pa';Je 7 of 11 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. 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 statements 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 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. 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 A venue 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: Housing and Human Services Department 3301 Tamiami Trail East Bldg. H/211 09-5292 - Child Advocacy Agreement for 4 Mandated Services Agenda Item No. 1604 December 15. 2009 Page 8 of 11 Naples, Florida 34112 Attn: Marcy Krumbine, 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 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. 6. AMENDMENTS. The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, or County guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the County. Any modifications 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 adopted. The CCCAC agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by CCCAC 09-5292 - Child Advocacy Agreement for 5 Mandated Services Agenda Item No. 16D4 December 15, 2009 Page 9 of 11 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 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. 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 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. 10. TERMINATION. Should CCCAC be found to have failed to perform its services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate 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 and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 09-5292 - Child Advocacy Agreement for 6 Mandated Services A.genda Item No. 16D4 December 15. 2009 Page 10 of 11 B. Business Auto Liabilitv: 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' Comuensation: 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 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 same insurance requirements that he is required to meet. 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 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 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 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. 09-5292 - Child Advocacy Agreement for 7 Mandated Services ~ I Agenda Item o. 16D4 December 15, 2009 Pagl3 11 of 11 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 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. 15. 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. 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, Oerk By: Deputy Oerk First Witness trypejprint witness name't Second Witness trype/print witness name't 09-5292 - Child Advocacy Agreement for Mandated Services BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA By: Donna Fiala, Chairman Date: December 15. 2009 COLUER COUNTY OiILD ADVOCACY COUNCIL, INC. By: Jacqueline Griffith Stephens, M.A. Executive Director Date: 8