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Agenda 03/26/2013 Item #16D7
3/26/2013 16.D.7. EXECUTIVE SUMMARY Recommendation to terminate contract #08 -6128 - Pharmacy Services with Sunshine Pharmacy, Inc., and ratify contract # 13 -6053 Pharmacy Services with Woolley's Pharmacy, Inc., from February 1, 2013 through April 13, 2014. OBJECTIVE: To provide continued pharmaceutical products and services to Social Service Program participants in a convenient and efficient manner. CONSIDERATIONS: On April 14, 2009, Collier County entered into contract # 08 -5128 Pharmacy Services with Sunshine Pharmacy, Inc., to provide pharmacy services for the Social Services Program participants. Per Florida Statute 125.01, Collier County is mandated to provide short term assistance to uninsured county residents to alleviate illness and prolonged disabilities. This program is administered through the Department of Housing, Human and Veterans Services. The Social Services Program assists Collier County residents who are at or below the federal poverty income guidelines with prescription assistance. Uninsured residents who are assisted by this program are chronically ill with limited or no financial resources. In January 2013, the Purchasing Department attempted to make contact with the vendor regarding price validation for unpaid invoices. At the same time, staff learned that federal drug enforcement agents were on -site at the Sunshine Pharmacy corporate offices and temporarily closed some of the drug store operations leaving questions about the vendor's ability to fulfill the County's contract. Multiple attempts to speak with owners/principals of Sunshine Pharmacy were made by phone and email, from January 17 to January 30, 2013, regarding its ability to provide all necessary medications under the contract. All communication was left unanswered or with insufficient assurance that Sunshine Pharmacy could adequately continue to provide services under this contract. Based on this information, Purchasing staff contacted Collier Health, the second contracted company who indicated it was not able to fulfill the program requirements in Naples. Contact was also made with the Sherriff's Office to explore their program, the County's Risk Department to explore possible alternatives, Lee County to consider using their contract, CVS, two Walgreen stores, and Woolley's Pharmacy, Inc., should Sunshine Pharmacy no longer be able to provide services under the contract. Woolley's Pharmacy was the only willing and responsive respondent. On January 30, 2013, Purchasing staff received an email from the owner (Del Parrish), and contract administrator of Sunshine Pharmacy. Mr. Parrish indicated that he wanted to continue with his County contract and that his license was "free and clear." Mr. Parrish requested a new contract price schedule so that any patient could go to any of the Sunshine Pharmacies. That same day, the Interim Purchasing Director requested additional follow -up information regarding the dispensing of narcotics, licenses /certifications/registrations, and additional information about the new pricing. To date, no additional information has been received on that request. Mr. Parrish has requested that the outstanding invoices be paid and provided more information to the Clerk of Courts to reconcile those invoices. Staff met with the owner (Matt Cammuso) of Woolley's Pharmacy on January 22, 2013, and identified the program requirements and pricing. Contract details including a price schedule that Packet Page -847- 3/26/2013 16.D.7. is financially more beneficial to the County than the arrangement with Sunshine Pharmacy was n negotiated. This draft agreement was vetted through the County Attorney's Office which reviewed and approved contract #13 -6053 — Pharmacy Services with Woolley's Pharmacy. Total spend under agreement #13 -6053 is estimated to be less than fifty thousand dollars ($50,000), which is within the Purchasing Director's signature authority under Purchasing Policy V. formal Competitive Threshold, Section A, subsection 4. Pursuant to that policy, Agreement # 13 -6053 was executed on February 1, 2013, so as not to experience a lapse of service for the Social Service Program participants. Staff is now requesting the Board's ratification of the contract in the event expenditures under the agreement exceed $50,000. Given the uncertainty surrounding Sunshine Pharmacy and its refusal to fully answer staffs questions regarding its ability to completely full its responsibilities under the contract, staff believes it is in the best interest of the County to terminate contract #06 -5128 for Pharmacy Services with Sunshine Pharmacy. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approvahSRT. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners terminates contract #08 -5128 - Pharmacy Services with Sunshine Pharmacy, Inc., and rates contract# 13 -6053 Pharmacy Services with Woolley's Pharmacy from February 1, 2013 through April 13, 2014. Prepared By: Adam Northrup, Procurement Strategist, Purchasing Louise Pelletier, CMS, Housing, Human and Veterans Services Attachment: • Sunshine Pharmacy Contract 08 -5128 • Woolley's Pharmacy Contract 13 -6053 • Email Documentation between the County and Sunshine Pharmacy • Sunshine Pharmacy Termination Letter dated February 07, 2013 Packet Page -848- 3/26/2013 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to terminate contract #08 -5128 - Pharmacy Services with Sunshine Pharmacy, Inc., and ratify contract # 13 -6053 Pharmacy Services with Woolley's Pharmacy, Inc., from February 1, 2013 through April 13, 2014. Meeting Date: 3/26/2013 Prepared By Name: NorthrupAdam Title: Procurement Strategist, Purchasing 2/15/2013 4:13:29 PM Submitted by Title: Procurement Strategist, Purchasing n Name: NorthrupAdam 2/15/2013 4:13:31 PM Approved By Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 2/20/2013 1:59:05 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 2/22/2013 4:59:11 PM Name: PriceLen Title: Administrator, Administrative Services Date: 2/28/2013 4:09:30 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 3/1/2013 8:20:07 AM Packet Page -849- Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 3/1/2013 12 :01:07 PM Name: KlatzkowJeff Title: County Attorney Date: 3/1/2013 2:51:04 PM Name: OchsLeo Title: County Manager Date: 3/18/2013 2:02:39 PM Packet Page -850- 3/26/2013 16.D.7. 3/26/2013 16.D.7. AGREEMENT 08 -5128 for Pharmacy Services THIS AGREEMENT, made and entered into on this day of Agn , 2009, by and between Sunshine Pharmacy, Inc., authorized to do business in the State of Florida, whose business address is 5482 Rattlesnake Hammock Road, Naples, Florida 34113, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of award by the Board of County Commissioners for an initial term of twelve (12) months. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional terms of two (2) years each. The County shall give the Contractor 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. The Contractor shall provide Pharmacy Services in accordance with the terms and conditions of RFP #08 -5128 and the Contractor's proposal referred to herein and made an integral part of this agreement and Exhibit A, Scope of Work, attached to and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor 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. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges /fees submitted in the proposal, and set forth in Exhibit B, attached to and made an integral part of this Agreement. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Pas Packet Page -851- 3/26/2013 16.D.7. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Florida. Statutes, otherwise known as the "Local Government Prompt Payment Act ". 4. ELECTRONIC BILLING. Contractor will invoice the County through the use of the Pharmacy Benefit Manager, a web based software system operated by GeriScriptRX. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Sunshine Pharmacy, Inc. 5482 Rattlesnake Hammock Road Naples, Florida 34113 Attention: Delmer H. Parrish, President Telephone: 239 -775 -6800 Facsimile: 239 - 775 -7377 All Notices from the Contractor 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/ GS Director Telephone: 239- 252 -8371 Facsimile: 239 -252 -6584 The Contractor 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. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured Pau - —" 'Packet Page -852- 3/26/2013 16.D.7. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Florida. Statutes, otherwise known as the "Local Government Prompt Payment Act ". 4. ELECTRONIC BILLING. Contractor will invoice the County through the use of the Pharmacy Benefit Manager, a web based software system operated by RX America. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Sunshine Pharmacy, Inc. 5482 Rattlesnake Hammock Road Naples, Florida 34113 Attention: Delmer H. Parrish, President Telephone: 239- 775 -6800 Facsimile: 239 -775 -7377 All Notices from the Contractor 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 Tamiarni Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239 -252 -8371 Facsimile: 239 - 252 -6584 The Contractor 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. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. 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 Packet Page -853- Pa-,- . . 3/26/2013 16.D.7. and paid for by the Contractor. The Contractor shall also be solely responsible for � payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor 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 Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor 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 thirty (30) day written notice. The County shall be sole judge of non - performance. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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. B. Business Auto Liability Coverage shall have minimum limits of $300,000 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. D. Professional Liability: Co -c-a— °h01 'k-vre minimum limits of $2,000,000 per R Packet Page -854- 3/26/2013 16.D.7. Occurrence. 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 Contractor 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. Contractor shall insure that all sub - Contractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 Contractor or anyone r employed or utilized by the Contractor 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. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department /Social Services Program. 15. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. 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: Contractor's Proposal, Insurance Certificate, RFP #08 -5128, Exhibit A, Scope Of Work, and Exhibit B, Pricing. 17. SUBTECT 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. p; Packet Page -855- 3/26/2013 16.D.7. AI�N 18. 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 -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. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor 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 Contractor 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. 20. 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 22. 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. 23. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 24. 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 Contractor 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 Pa, Packet Page -856- 3/26/2013 16.D.7. ^ 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 Contractor 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. 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. 25. KEY PERSONNE14TROTECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Firm shall not change Key Personnel unless the following conditions are met: (1.) Proposed .replacements have substantially the same or better qualifications and/or experience. (2.) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Pa Packet Page -857- 3/26/2013 16.D.7. I1V WITNESS WHEREOF, the Contractor and the County, have each, respectively, an authorized person or agent, hereunder set their hands and seals on the date and by above written, year first ATTEST: -clerk of First Witness 1-7; "4 YGItiJ Type /print witness name 4and itness eTp/p i t witness n e Approved as to form and legal sufficiency: "WeIt 6 � Vt County Attorney ?ens 4, Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dyrrci Do Fiala, Chairman Sunshine Pharma Inc ontractor By: Signature �e 1 %�vv��s1 P-1 Typed signature and title Packet Page -858- :10 3/26/2013 16.D.7. EXHIBIT A SCOPE OF WORK 1. Each of the Contractor's pharmacists must possess a current license from the Florida State Board of Pharmacy in accordance with Revised Statutes of the State of Florida, and shall maintain said license in good standing for the duration of the contract. 2. The Contractor shall provide at no additional cost to the County, pharmacy services at locations in areas which are not evacuated during a disaster, and be prepared to accept telephonic requests from the County Emergency Operations Center and fill such requests. Collier County Housing and Human Services Department/ Social Services Program will be responsible for the pick -up and delivery of any such prescriptions. 3. The Contractor must be able to fill outpatient prescriptions as needed each day for the duration of the contract within the normal work hours of 8 am to 5 pm. 4. The Contractor shall be able to provide Generic equivalent drugs when one is available to fill the prescriptions. Prescriptions are limited to a 30 -day supply. 5. The Contractor shall provide electronic transfer of invoices (billing) to a local PC by -mail at least monthly per Clerk of Court's Finance standards. Such electronic data transfer capability shall be operational within two (2) months of contract start -up and the first billing shall be forthcoming within eight (8) weeks after start up of contract. The Contractor shall provide a contact name and phone number for technical assistance when file format problems arise. 6. The Contractor shall allow Collier County Housing and Human Services Department /Social Services Program direct Internet access to pharmacy data base for client profiles, prior authorizations, overrides, add /change client information, change eligibility dates and ability to back date ending date, and contact name, telephone number and e-mail address to advise of change of client's social security number. 7. The Contractor shall use File Transfer Protocol (FTP), or other HIPAA compliant compatible programs to transfer encrypted client information (automatically) to pharmacy database at least twice daily, without breaking security. Full file transfer shall be done weekly. Contractor must comply with HIPAA 834 file format. 8. All of the Contractor's pharmacy locations shall be connected on a common network using the same database in order to monitor patient information and manage the formulary. In addition, all locations must be connected to the central system that contains client information. All clients will be given a voucher to provide to the pharmacy. Any physician can write a prescription; this includes Primary Care, specialists, emergency room physicians, n dentists, etc. Collier County Housing and Human Services /Social Services will not pay for prescriptions if the client does not present a voucher which shows a valid begin and end date of eligibility. Pa Packet Page -859- 3/26/2013 16.D.7. 9. Under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Contractor is expected to adhere to the same standards as the County and other HIPAA covered entities regarding the protection and non- authorized disclosure of Protected Health Information (PHI). 10. It is highly desirable that the Contract Manager be a pharmacist. The Contract Manager for Sunshine Pharmacy, Inc. will be Del Parrish at telephone number 239 -775 -6800 and email address sunshinedrug2@aol.com. 11. The Contractor shall identify rebates that are forthcoming and any savings realized from manufacturers` rebates shall be credited against the County's monthly invoice. 12. Payments shall be made in accordance with the Local Government Prompt Payment Act from a joint revolving account for the payment of services provided. 13. The Contractor shall fill all medications to patients for self - administration in accordance with all applicable Federal, State and Local laws. 14. The Contractor shall update and make readily retrievable at any time, all outpatient and drug data within the outpatient profile as each prescription is filled or refilled. The contractor shall automatically monitor drug allergies and interactions according to data available for each patient. 15. The Contractor shall provide monthly Utilization and Administrative reports including number of prescriptions filled, covered individuals, utilizing individuals including physician dispensing profiles and other reports. 16. The Contractor must immediately advise the County whenever abuse, drug seeking or fraudulent behavior is suspected. 17. The Contractor shall provide to the County any manufacturer's no cost, discounted or promotional health care items, which may be provided to them during the period of the contract. 18. The Contractor shall be available for periodic site visits by Collier County staff, to any of their locations, in order to monitor the quality of services provided. 19. The Contractor must respond within twenty -four (24) hours in writing via fax, email or letter, to all questions presented by the Collier County Housing and Human Services Department. 20. The Contractor shall provide outpatient- packaging materials, including labeling, that meets all applicable laws and regulations. Labeling for outpatient packaging shall include:. a. Patient Name Pag Packet Page -860- 3/26/2013 16.D.7. b. Date of Dispensing C. Prescription Number d. Physician's Name e. Instructions for Patient Use f. Name and Strength of Drug g. Number of Doses Dispensed 21. The contractor shall maintain all outpatient drug profiles on a computerized dispersing system. Each outpatient drug profile must include: a. Patient Name b. Address C. Phone d. Birth Date /Social Security Number e. Sex f. Allergies g. Prescription Number Drug data within each outpatient drug profile must include: a. Drug Name /0-111 b. Drug Strengths C. Amount Ordered d. Amount Dispensed e. Instructions for Use f. Refills Authorized g. Physician Information h. Times and Dates Filled Electronic invoice data must include, but may not be limited to: a. Patient Name (Last, First, MY) b. SSN C. NABP # d. Store # e. RX# f. Date Filled (MM /DD /CCYY) g. Refill h. Physician Name i. Drug j. NDC # and Description k. Quantity . I. Days Supply M. Generic (Y/ N) n. Amount Due o. Billing Date Pa Packet Page -861- Exhibit B Sunshine Pharmacy Cost of Services to the County: 3/26/2013 16.D.7. The fixed prescription - dispensing fee will be as follows: I ^ Brand Name Medications- AWP minus 19% plus $4.50 Generic Medications- AWP minus 30% Sunshine Phanner 5482 Rattlesnake Hammock Rd: Naples, FL 34113 Phone; (239) 775 -6800 1400 Gulfshore Blvd Ste. 100 Naples, FL34102 Phone; (239) 262 -2929 6350 Davis BIvd. Naples, FL 34104 Phone (239) 775 -7207 13020 Livingston Rd, Naples, FL 34105 Phone: (239) 384 -5091 80 Wilson Blvd South Naples, FL 34117 Phone (239) 775 -68W We are proud to offer the following drugs in 10 day increments at no cost to our patient. Just present your Rx and we will gladly fill it for free. ' The following drugs are included: •Amoxicillin - Ampicillin • Cephalexin • Penicillinvk • SMZ -TNT • Erythromycin Ciprofloxacin Packet Page -862- 04/14/2009 16:39 2395303750 SOLUTIONS 3/26/201316.D.7. GUARID 1NSURA,E GROUP Wor > Comae sation anti 1Wnitpl Xer' I:Iability PoUmly NorGUARD Insurance CornpanY - A Stack Company policy Number SUWCO21076 Renewal of SUWC914328 NMI No.[258441 Polley Information Page 1 III Named Insured and Mailing Address ~� Agency SUNSHINE PHARMACY INC PAYCHEX AGENCY, INC. j 5482 Rattlesnake Hammock 150 Sawgria5s Drive 1 Rd Rochester, NY 14620 Naples, FL 34:1 i3 Agency Code: NYPAYCIO Federal Ernplloyer's iD 59- 3518172 Insured is Corporation [2] Policy Period From March 18, 2009 to March 18, 2030, 32:01 AM, standard time at the insured's mailing address, i _ [3] Coverage ; A. Workers' Compensation Insurance - Part One of this policy applies to the Workers' Compensation Law of the following atates: 'lorlda B. Employer's Liability Insurance - Part Two of this policy applies to work In each of the states listed in Item [3]A. The limits of our liability under Part Two are: Bodily Injury lay Accident - each accident $100,000 Bodily Injury oy Disease - each employee $100,000 Bodily Injury by Disease - policy limit $500,000 C. Other Stages Insurance - Part Three of this policy applies to all states, except any state listed in item [3]A, and the states of North Dakota, Ohio, Washington, and Wyoming. D. This policy includes these endorsements and schedules: See E;xtenston o' Information Page - Schedule of Forms [4] Premium The Premium Basis and, therefore, the premium will be determined by our Manual of Rules, Classifications, Rates, and Rating Plans. All required information is subject to verification and change by audit. (Continued on another page) Total Estimated Policy Premium Zx 26a Total Surcharges /A- wsessmenti. Total Estimated Cosa: $ 21,268 wWwfa�vrr .J /._W- FWI.•AMYa�w}YN..LLYV�4 Mtt4UM.�wMnr'wl.rR.�M�.r. ✓.M.r�.r .W wyrT alMO' T+. YMw�r ,.YwW4M+YMK'Lwt— . +l^w/r' —Y� [ nN., w7 ..1.ItlI�M'M^'�..M.W- Y�YSYNMwe.- IN _Eft NAL_U_5E_XZc Page - 1 - Information Page MGA : SUWCO21076 WC 000001A /� Dates :02/16/2009 16 South, River StrEet ■ P.O. Box A -H + Wilkes- Barre, PA 18703 -0020 - www.guard.cam Packet Page -863- 04/14/2009 16:39.. 2395303750 SOLUTIONS 3/26/2013 16.D.7. GUARD INSURANCE GROUP Workers' Camoensatjor � gygr *s U 11111 allc�c NorGUARD Insurance Company - A Stotk Company Policy Number SUWCO21076 Renewal of SUWC914328 NCCI No.E25844a Policy Information Page Extension of Information Page Schedule of Forms * WC 000404 - PENDING RATE CHANGE ENDORSEMENT * WC 000414 - NOTIFIQ;TION OF CHANGE IN OWNERSHIP ENDT WC OOD406A - PREMIUM DISCOUNT ENDORSEMENT WC 000306 - PARTNERS, OFFICERS $c OTHERS EXCL. END. * WC 090402 - FL EXPERIENCE RATING MOD. FACTOR ENDT. * WC 090606 - FL EMPLOYMENT AND WAGE INFO.RELEASE ENDT WC 990008 - FL ADDENDUM * • WC 090403A - FL TERF. RISK INS PROG REAUTH. ACT ENDT WC 000001A - INFORMATION PAGE WC 000000A - STANDARD POLICY * WC 000415 - PREMIUM DUE DATE ENDORSEMENT * As part of GUARD's ongoing commitment to environmental responsibility throughout our operations, we have chosen not to reprint those forms (marked with an asterisk) that have not changed and were previously sert to you. You can obtain, a new copy of any of these forms by accessing your account information at GUARD's PollcyMbider Service Center (a selection available via our webslte at •www,guard.ccem). Please: be aware that you will be asked to enter your policy number, policy inception date, and federal ID number in order to log on to this secure portion of our site. Alternatively, you can Coitact us via phone at 1 -800- 673 -2465, our Customer Service Representatives will either be ,able to help you locate a document yourself or can send a copy to you. As always, we thank you for selecting GUARD as your insurer. We look forward to serving you! A,111�1 INTERNAI use xx _ Page - 2 - information Page MGA : SUWCO21076 WC 000001A Date :02/1612009 16 South River Stretat•P.O. Box A -H• Wilkes- Barre, PA 18703 -0020• www.guard.com Packet Page -864- 04/14/2009 16 :39 2395303750 SOLUTIONS 3/26/201316.D.7. 59056 BUSINESS AUTO. DECLARATIONS ALLZO peoPEM AM CASUALTY DO CO an NA7MNaiI.DE PLAZA E ^ ¢OLUNIiUS, ON 4ss15 °t21t0 to OWIW2009 1 2:01 A.M. Standard time at the mailing address be wt.. red: SUNSHINE PHARMACY NNC � Address; MU RA'fTt�SSHAKE NAi1utMOCK RD NAPLES. PL 341134464 008 T Iiigency Name: ACKERMAN INS SERYICM INC (22O)SIT -1006 Agency Address: NAPLES EL 941082710 RlPToN MEDICINE insured is a(n): CQRPMATKM n earn for the pa;--W rt the pa inauranoa as gtated in this po6u:y. .......orn UnTMMERT 9 sW Countersigned By Authorized Fo eseetattive Operating 849 a(n): DEL.NEitS PRESC Estimated Basic Premium: $ 90972.00 Estimated Surcharge(s): $ 49'72 Estimated Tax(es): $ Estimated Tatai Premium' $ 10.0071.72 LKR1 2W92W INSURED copy ace aswacs: o Packet Page -865- t $127 50 9pg0771 r ?tTIFICATE OF LIABILITY INSURANCE �►r 18 UMM as 0 ONLY AM CONFERS NO RkaW mesa= Zsss=anoa tssomp, Z". k0UDM TM CERTIFICATE DOB 1402 Vaclay Cnl mwce Drive ALTM THE COMAG8 AFR=8 Taizahnasele im 32312 phomm: 850- 894 -8222 8au.850- 894 -8228 INSMU RS AFFORDING COV UGE DmtNtPls INSUrm A: Laudmaxk Amsri c KBURM 8: AnnahLI INSURER C: 5 im C'ynumock Rd IN6UHER D: INSURER E COVERAGES 1HE POW= OF M PA MIOE LISTED BELOW HAVE BEN UUCP TO THE INBURM NAMES AWW- FOR THE POLICY PERIOD INDICAT ANY FaXpRtWr1ElJ7, TSWI OR CONOITMM OF ANY CONTRACT OR Drd R DOCYNENT WITH RESPW TO WMOH TH16 CGRWWATF I MAY PWRTAW, THE M16UNMICE AFFORDED SYTNE POLICES OMREIED F ISM 16 SUBJECT To ALL THE TERMS. 69CWSIONB AND POLJOIE6. AGGRtR3ATE wWra BNONMI MAY HAYS BEEN R9DUC0 BY PAD CLAWS. L!R TYPtt OP Lmom"m POLICY NUSaSiER DA I1rl am"L LMWILITY COMLIERCIN. GENSIAL LYIBtLITY 711, CLADAS MADE 7 OOCUR tR WL AGMUM''M LIMB APPM PER: AY7CiYOPULWWIIAT' ANY AUTO ALL OWW110ANTO6 SOMMULZI AM& HFW AUTOS MON•OWNED Aum GARADE LMMLII7 7 ANY AMC m I ONWRELLA LmLny pGGtEt Q OLAIAIs MADe 05000TIBLB 'VIM A Pzoesstxo:LS1 I Y.E�ty17476 I 05/01/09 05/01/1t 0 -Z - --12-9 PkzL c.acy Servtccx 3/26/2013 16.D.7. 20002/0003 9AINOWMvirml n. 04 2B 09 o MCATE VMS R SMIL.M . ,.. IZq: �. Np7yyI7IySlwNDING AY 1113 ION= OR IONDIme OF SUCH LIWM "ON OCCURRENCE s pY i TIED fi11P (Apy me pAnul} t PERRW01044 4 AM INJURY i GENERAL AGGREGATE S pROM&M. COUP)OP AW i lEtt 11ts ED w LIMIT ; (PYf LPMlnoll) � 5 . SO ILT INJURY 1{'vwbM1l AUTO ONLY • EA ACCO M' S OTHE�{ THAN I^ ACO µIMO d W. AQG EACH OCCURRENCa i 5 $ AGWAGAYE s s 4MTS � S E.L ACNAOCIOENT E,L QWIiASE • I:AWM i E.L. Ddw-aM • POLICY UMIT 5 Bob rlAim 2,000,000 *ENE 2 000 000 .pER CANCELLATION >tWWJO ANY CIP TIIE AY OVIIII OM= POLp�s No O"Ca: W P*M Tur' ExYM701 COLMXM DATE -ram m, no tSiIum MBLIR£R "LL O'DEAVWI TO MAL J,Q.__ DAY* trnaT m NOTtc� TO TFILt CPR:'IPIFMTL' HOLDiR NAMEts TO Tim 4NFT: our FANAIRE TO Lw NO SHALL Wv fNOOB {JwM4ORLIAOL"OF AMYfONDUPONn1aWt LWM ITS ACk"TS*A Collier r-* = tr $CC I dEM1RA NTATNi& 3301 E Tamigmi Tx"l- Naples 83+ 34112 g988 -?11114 Amt 2009N1) rod tits of ACORD Ths ACORD ADme wtid 1090 al* "O" L0 39t.d S Packet Page -866- 6005616 OZ :bT 600Z/0E/170 ^, 3/26/2013 16.D.7. uuuurvuva IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be Endorsed. A statement on this certificate does not confer rights to fire certificate holder in lieu of such endorsement( &). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifioate holder in Neu of such endomment(s). DISCLAIMER This Certificate of Insurance does not constitute a cantract between the issuing insurer(s), authorized representative or producer, and the cartl*m* holder, nor does it affirmatively or negWv* amend, extend or alter the coverage afforded by °the policies listed thereon. Packet Page -867 - Z0 39Vd SNuii,i,um 6b056Z6 OZ:VT 6002 /0E /b0 04/14/2009 16:39 2395303750 SOLUTIONS Fmm:TabHha M Mcada FaACP page 2 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE Aclee== 3:nzuran oe Sarvi.ees 1573 Fine Ridge Rd. Ste. 17 Naples rL 34109 Ph0ne:239- 5971096 Fax:239- •597 -956Q UZURF0 sur a 1"zMay Ir:c 3492 i LtL�3a113k0 8aa�ack Road 3/26/2013 16.D.7. PM GATE (IxNI?DIYYYYI g 2 04 14 09 R ueTTFQ nF IIJF�RMAT10 INSURERS AFFORDING COVERAGE MSLMRA: fw ass -" ?isc '> = C< NSURftft c: INSURER M. MURER E NAIL # 237'79 `OVERAIGES THE PWCIElb OF INCURANVi USTt_D aELOW HAV& RM ISSU20 TO 1 HE INSLARED NAMED ABCVE FOR Tt►E POLICY pERICG INDICATES. NOTYYrtH5TIwd1NG MAY PER AfE eN , TER Ort CONDITION DED B THE POLICIES DOMED HEREIN SU WITH WWT RESPECT i THE �M$ ��NS AND CONDITIONS OF SUCH POLICIES, AGORKATE LIMITS SHOWN MAY I' AVE BEEN REDUCED BY PAID CLAW T1oN Umft .TAR W TYPaoFNMSu RAW-m POLJCYNIWRE— �� MH OPDURF01fM s2,000-000 4VNRRAL UABRM 000 A X X CaMMaERpALGEAERALUAtiIUTY 'I7 -80- 858908 -3001 11/29/08 il/29/09 PRewaES.eoo S 50 .nnee _r — CLNM5MADF: C OCCUR NIPA 000 E7o+lA1[yonDV�WEf PEIiS %2 OWI.a�AI]VLJ.AJRY S �^ , 000.000_ -- ,Q"RALA00"WOMMTH c 4 000 000 PROOLICT'3. wwx3p A= s2,000,000 eM AGMOATE Lb IT APPLIES Pra. A Property coverage 77 -Ba- 828906 -3001 11/29/061 11/29/D9I Contents 700.000 YESCMPTIDN oP DpmTiom [ LAGAT $ VA E W.LM 1 EMWW OO S ADDED Iln WORSEMEMf J eP=AL PROVISIOU * *Please note certificate holder is &150 liatOd as Addita.onal Insured ** The covered locations :LucLuded atez Suuabine XadkLcal Pha=mcy 6350 Davis Blvd Naplas rL 34104 Sjzushinc 001nti.cna 5460 Itattlelsnake aa=nock Rd Naples FL 34113 Sunshine Pharmacy at Livingston 13020 Livingston Rd s 80 Wilson Blvd S. Collier county smmd of County Commisioners 3301 E. Tamiami Trail Naples FL 34112 9H0U[,0 ANY OF THE ABOW DESCM- POL1CM5 8B OANCELJSD 521FORE THE EMLPIRA7IC DA11 TM RRSDF. THE ISS1N6nauPERWILLENOEAYORTOMNL 30 DAYSWPMCH Name T4THt" eptT tOATE HOLDER NAMED TO THE LIEPI', BUT FAR.IJRETO DO 80 SHALL IMPOSE RO ORLmATION OR LtABILfTY OF ANY KINP UPON THE L R, RS AGENTS OR Packet Page -868- 10—^111 A1ITDMIOa" L UUmLrrf W N>1 w NGL& t=T s ANY AUTO ALL OWNED AUTC15 am LY�tsjuw ¢ SCHEDULED AUT73 MREP AUTOS HOOILV 94AIRY (PK USidoMJ s NON.WVNEC AUTDS Ri0PGi1Y ,wAL:R Ipm erreld+Id� a AUTOON.Y.FAAeZZEdT S GNAWLIABL•HY /yJ'lAUTO OTHERTHAN EAACO AUTO ONLY: AAA s ¢ tDICfiE6AlMB�ttA LJAWTV OCLU4 LJ ClAWSMADE EAOH OCCL�REN� AGGREGATE S ¢ c s D&DUGT1GU s RETENTION ! WORKERSCOMPENATONAND TORY ER E.L. BAOIi ACCIDWr s SMOYMV L ABL IiY ELDISEA89- EAEMPLOYE s ANYPnO0RI6TOAPA�NE OfFTCER1IVIENIBER EXCL.UDEDT ELMSEASE•PWC:Yumrr L Sres.dseult+eundn A Property coverage 77 -Ba- 828906 -3001 11/29/061 11/29/D9I Contents 700.000 YESCMPTIDN oP DpmTiom [ LAGAT $ VA E W.LM 1 EMWW OO S ADDED Iln WORSEMEMf J eP=AL PROVISIOU * *Please note certificate holder is &150 liatOd as Addita.onal Insured ** The covered locations :LucLuded atez Suuabine XadkLcal Pha=mcy 6350 Davis Blvd Naplas rL 34104 Sjzushinc 001nti.cna 5460 Itattlelsnake aa=nock Rd Naples FL 34113 Sunshine Pharmacy at Livingston 13020 Livingston Rd s 80 Wilson Blvd S. Collier county smmd of County Commisioners 3301 E. Tamiami Trail Naples FL 34112 9H0U[,0 ANY OF THE ABOW DESCM- POL1CM5 8B OANCELJSD 521FORE THE EMLPIRA7IC DA11 TM RRSDF. THE ISS1N6nauPERWILLENOEAYORTOMNL 30 DAYSWPMCH Name T4THt" eptT tOATE HOLDER NAMED TO THE LIEPI', BUT FAR.IJRETO DO 80 SHALL IMPOSE RO ORLmATION OR LtABILfTY OF ANY KINP UPON THE L R, RS AGENTS OR Packet Page -868- 10—^111 3/26/2013 16.D.7. A G R E E M E N T 13-6053 for Pharmacy Services THIS AGREEMENT, made and entered into on this day of 2013, by and between Woolley's Pharmacy, Inc, authorized to do business in the State of Florida; whose business address is 3761 East Tamiami Trail, Naples FL 34112 -6215, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WiTNESSETH; 1. COMMENCEMENT. This Agreement shall commence on the date of execution by the parties. 2. CONTRACT TERM. The Contract shall be for an initial six (6) month period. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for additional thirty (30) day periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than five (5) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide Pharmacy Services in accordance with Exhibit A - "Scope of Work," Exhibit B - "Contractor's Cost proposal," and Exhibit C - "Collier County Purchase Order Terms and Conditions," referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement as set forth in Exhibit B, attached to and made an integral part of this Agreement. Any item that is not included in Exhibit B as of the effective date of this Agreement, hereinafter "Unlisted Items ", shall be available for purchase when it is added to an updated list by the Contractor, and provided to the County. The Contractor may add any Unlisted Items in order to accommodate future purchases by the County. When an Unlisted Item is added to an updated list, the pricing shall be in accordance with n the terms of this Agreement. Page 1 of 17 Packet Page -869- 3/26/2013 16.D.7. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 4.1 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. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Woolley's Pharmacy, Inc. 3761 East Tamiami Trail Naples, FL 34112 -6215 Attention: Matthew Cammuso Telephone: 239 -775 -9908 Facsimile: 239 -775 -2094 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Telephone: 239 - 252 -8975 Facsimile: 239 - 252 -6480 The Contractor 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. Page 2 of 17 Packet Page -870- 3/26/2013 16.D.7. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as 11—IN, creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. 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 the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor 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 Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor 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 for cause; further the County may terminate this Agreement for convenience with a ten (10) day written notice. The County shall be sole judge of non - performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 3 Packet Page -871- 3/26/2013 16.D.7. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 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. C. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the n 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 Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors/ Consultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but a Packet Page -872 3/26/2013 16.D.7. not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Department of Housing, Human and Veteran Services /Social Services Program. 15. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following 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 - "Contractor's Cost proposal," Exhibit C - "Collier County Purchase Order Terms and Conditions," and Insurance Certificate. 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. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, 5 Packet Page -873- 3/26/2013 16.D.7. 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- 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. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor 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 Contractor 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. 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 Agreement in accordance with the Purchasing Policy and Administrative Procedures. 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 Contractor 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 Contractor 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. 23. 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 6 Packet Page -874- 3/26/2013 16.D.7. the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. CONTRACT STAFFING: The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. 26. ASSIGNMENT: Contractor 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 Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. **** * *** * * * * *** * **** * ** *Remainder of page intentionally left blank * * ***** * *** * * * * * * * * **** * * * * *** 7 Packet Page -875- 3/26/2013 16.D.7. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTRAR ST: Corporate Sec etary/ Wi ess By: 4410 Dated: f lt�- � .._) Approved as to form and Legal sufficiency: Assistant oun Attorney Fyni_lu 7--p j n Print il ame Title: `Qkc -e— . Dated: 2 / + //I OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: — 7; - - u Cj!oqaX'e Maro%e icz Director of Purchasing and Genera- ervices Packet Page -876- 3/26/2013 16.D.7. EXHIBIT A � SCOPE OF WORK 1. Each of the Contractor's pharmacists must possess a current license from the Florida State Board of Pharmacy in accordance with Revised Statutes of the State of Florida, and shall maintain said license in good standing for the duration of the contract. 2. The Contractor shall provide products/ services at 3761 Tamiami Trail East, Naples, FL, 34112 -6215. 3. The Contractor must be able to fill outpatient prescriptions as needed each day for the duration of the contract within the normal work hours of 8:30 am to 5 pm Monday - Friday, and 9:00 am to 12:00 pm on Saturday Eastern Standard Time. 4. The Contractor shall be able to provide Generic equivalent drugs when one is available to fill the prescriptions. Prescriptions are limited to a thirty (30) day supply. 5. The Contractor shall provide electronic transfer of invoices (billing) to a local PC by -mail at least monthly per Clerk of Court's Finance standards. Such electronic data transfer capability shall be operational within two (2) months of contract start -up and the first billing shall be forthcoming within eight (8) weeks after start up of contract. The Contractor shall provide a contact name and phone number for technical assistance when file format problems arise. 6. The Contractor shall use File Transfer Protocol (FTP), or other HIPAA compliant compatible programs to transfer encrypted client information (automatically) to pharmacy database at least twice daily, without breaking security. Full file transfer shall be done weekly. Contractor must comply with HIPAA 834 file format. 7. Under the Health Insurance Portability and Accountability Act ( HIPAA) of 1996, Contractor is expected to adhere to the same standards as the County and other HIPAA covered entities regarding the protection and non- authorized disclosure of Protected Health Information (PHI). 8. It is highly desirable that the Contract Manager be a pharmacist. The Contract Manager for Woolley's Pharmacy, Inc. will be Mathew Cammuso at telephone number 239 -775 -1018 and email address matt.cammuso @icloud.com. 9. The Contractor shall identify rebates that are forthcoming and any savings realized from manufacturers' rebates shall be credited against the County's ^ monthly invoice. 9 Packet Page -877- 3/26/2013 16.D.7. 10. Payments shall be made Net Immediate. 11. The Contractor shall fill all medications to patients for self- administration in accordance with all applicable Federal, State and Local laws. 12. The Contractor shall update and make readily retrievable at any tune, all outpatient and drug data within the outpatient profile as each prescription is filled or refilled. The Contractor shall automatically monitor drug allergies and interactions according to data available for each patient. 13. The Contractor shall provide monthly Utilization and Administrative reports including number of prescriptions filled, covered individuals, utilizing individuals including physician dispensing profiles and other reports. 14. The Contractor must immediately advise the County whenever abuse, drug seeking or fraudulent behavior is suspected. 15. The Contractor shall provide outpatient - packaging materials, including labeling, that meets all applicable laws and regulations. Labeling for outpatient packaging may include the following, per pharmacy protocol: a. Patient Name b. Date of Dispensing C. Prescription Number d. Physician's Name e. Instructions for Patient Use f. Name and Strength of Drug g. Number of Doses Dispensed 16. The Contractor shall maintain all outpatient drug profiles on a computerized dispersing system. Each outpatient drug profile may include the following, per pharmacy protocol: a. Patient Name b. Address C. Phone d. Birth Date e. Sex f. Allergies g. Prescription Number Packet Page -878- 3/26/2013 16.D.7. r-� Drug data within each outpatient drug profile may include the following, per pharmacy protocol: a. Drug Name b. Drug Strengths C. Amount Ordered d. Amount Dispensed e. Instructions for Use f. Refills Authorized g. Physician Information h. Times and Dates Filled Electronic invoice data/reports may be required to be submitted to the County: a. Patient ID# (assigned by the County to a patient) b. Control # (assigned by the County to each voucher) C. NABP # d. Prescription/ drug medication purchased e. Quantity and description f. Date Filled (MM / DD/ CCYY) g. .--� h. Refill Generic? (Y/ N) i. Retail Price for all prescription / drugs j. Cost according to Exhibit B, "Brand Name" (retail - 7.5%) or "Generic" (retail -12.5 %) k. Total amount due 1. Billing date m. Purchase Order Number Packet Page -879- 3/26/2013 16.D.7. Exhibit B Cost Proposal 1. The following drugs will be offered at $4.00 per 30 day dose. Drug Form Drug Form Drug Form A.CYCLOVIR 200 MG capsule BENAZEPRIL 40 MG Tablet DICLOFENAC ER 75 MG Tablet ALBUTEROL 2 MG Tablet BENAZEPRIL 5 MG Tablet DICLOFENAC ER 75 MG Tablet ALBUTEROL 2 MG /5 ML Syrup BENZONATATE 100 MG Capsule DICYCLOMINE 10 MG Capsule ALBUTEROL 4 MG Tablet BENZTROPINE 2 MG Tablet DICYCLOMINE 20 MG Tablet ALBUTEROL NEB 0.083 %* Solution BISOPROLOL/HCTZ 10/6.25 MG Tablet DIGOXIN 0.125 MG Tablet ALBUTEROL NEB 0.5 %' Solution BISOPROLOL/HCTZ 2 .5/6,25 MG Tablet DIGOXIN 0.25 MG Tablet ALENDRONATE SOD 35 MG Tablet BISOPROLOL/HCTZ 516.25 MG Tablet DILTIAZEM 120 MG Tablet ALENDRONATE SOD 70 MG Tablet BUMETANIDE 0.5 MG Tablet DILTIAZEM 30 MG Tablet ALLOPURINOL 100 MG Tablet BUMETANIDE 1 MG Tablet DILTIAZEM 60 MG Tablet ALLOPURINOL 300 MG Tablet BUSPIRONE 10 MG* Tablet DILTIAZEM 90 MG* Tablet AMILORIDE /HCTZ 5 -50 MG Tablet BUSPIRONE 5 MG Tablet DOXAZOSIN 1 MG Tablet AMITRIPTYLINE 100 MG Tablet CAPTOPRIL 100 MG Tablet DOXAZOSIN 1 MG Tablet AMITRIPTYLINE 10 MG Tablet CAPTOPRIL 12.5 MG Tablet DOXAZOSIN 2 MG Tablet AMITRIPTYLINE 25 MG Tablet CAPTOPRIL 25 MG Tablet DOXAZOSIN 2 MG Tablet AMITRIPTYLINE 50 MG Tablet CAPTOPRIL 50 MG Tablet DOXAZOSIN 4 MG Tablet AMITRIPTYLINE 75 MG Tablet CARBAMAZEPINE 200 MG" Tablet DOXAZOSIN 4 MG Tablet AMOXICILLIN 125 MG /5 ML Suspension CARBAMAZEPINE 200 MG* Tablet DOXAZOSIN 8 MG Tablet AMOXICILLIN 125 MG /5 ML Suspension CARVEDILOL 12.5 MG Tablet DOXAZOSIN 8 MG Tablet AMOXICILLIN 125 MG 15 ML Suspension CARVEDILOL 25 MG* Tablet DOXYCYCLINE HYCLATE 100 MG Capsule i Tablet AMOXICILLIN 200 MG /5 ML Suspension CARVEDILOL 3.125 MG Tablet DOXYCYCLINE HYCLATE 50 MG Capsule AMOXICILLIN 200 MG /5 ML* Suspension CARVEDILOL 6.25 MG Tablet ENALAPRIVHCTZ 5/12.5 MG Tablet AMOXICILLIN 200 MG 15 ML* Suspension CEPHALEXIN 250 MG Capsule ENALAPRIL 10 MG Tablet AMOXICILLIN 250 MG Capsule CEPHALEXIN 500 MG Capsule ENALAPRIL 2.5 MG Tablet AMOXICILLIN 250 MG /5 ML Suspension CHLORHEXIDINE GLUCONATE 0.12% Solution ENALAPRIL 20 MG Tablet AMOXICILLIN 250 MG /5 ML Suspension CIMETIDINE 800 MG* Tablet ENALAPRIL 5 MG Tablet AMOXICILLIN 250 MG/5 ML Suspension CIPROFLOXACIN 250 MG Tablet ERYTHROMYCIN 5 MG /GM' Ophthalmic Solution AMOXICILLIN 400 MG /5 ML Suspension CIPROFLOXACIN 500 MG Tablet ESTRADIOL 0.5 MG Tablet AMOXICILLIN 400 MG /5 ML' Suspension CITALOPRAM 20 MG Tablet ESTRADIOL 1 MG Tablet AMOXICILLIN 400 MG /5 ML' Suspension CITALOPP.AM 40 MG Tablet ESTRADIOL 2 MG Tablet AMOXICILLIN 500 MG Capsule CLOMIPHENE 50 MG Tablet FAMOTIDINE 20 MG Tablet ANTIPYRINE/BENZOCAINE Solution CLONIDINE 0.1 MG Tablet FINASTERIDE 5 MG Tablet ATENOLOL/CHLOP.THAL 100125 MG Tablet CLONIDINE 0.2 MG Tablet FLUCONAZOLE 150 MG Tablet ATENOLOL 100 MG Tablet CYCLOBENZAPRINE 10 MG Tablet FLUOCINONIDE 0.05 %, Cream ATENOLOL 25 MG Tablet CYCLOBENZAPRINE 10 MG Tablet FLUOCINONIDE 0.05 %* Cream ATENOLOL 50 MG Tablet CYCLOBENZAPRINE 5 MG Tablet FLUOXETINE 10 MG Tablet ATROPINE SULFATE 1% Solution CYCLOBENZAPRINE 5 MG Tablet FLUOXETINE 10 MG' Tablet BACLOFEN 10 MG Tablet CYTRA -2 Solution FLUOXETINE 20 MG Capsule BACLOFEN 10 MG Tablet DEXAMETHASONE .75 MG Tablet FLUOXETINE 40 MG* Capsule BELLADONNA ALKALOIDS /PB Tablet DEXAMETHASONE 0.5 MG Tablet FLUPHENAZINE 1 MG Tablet BENAZEPRIL 10 MG Tablet DEXAMETHASONE 4 MG Tablet FOLIC ACID 1 MG Tablet BENAZEPRIL 20 MG Tablet DICLOFENAC ER 75 MG Tablet FUROSEMIDE 20 MG Tablet 12 Packet Page -880- 3/26/2013 16.D.7. Drug Form Drug Form Drug Form FUROSEMIDE 40 MG Tablet INDOMETHACIN 25 MG* Capsule MELOXICAM 15 MG Tablet FUROSEMIDE 80 MG Tablet INDOMETHACIN 25 MG* Capsule MELOXICAM 7.5 MG Tablet GENTAK 0.3% Solution IPRATROPIUM NEB 0.2 MG /ML' Solution MELOXICAM 7.5 MG Tablet GENTAMICIN 0.1% Ointment ISONIAZID 300 MG Tablet MELOXICAM 7.5 MG Tablet GENTAMICIN 0.3% Solution ISONIAZID 300 MG Tablet METFORMIN 1000 MG Tablet GLIMEPIRIDE 1 MG Tablet ISOSORBIDE MONONITRATE ER 30 MG Tablet METFORMIN 500 MG Tablet GLIMEPIRIDE 2 MG Tablet ISOSORSIDE MONONITRATE ER 60 MG Tablet METFORMIN 850 MG Tablet GLIMEPIRIDE 4 MG Tablet LACTULOSE 10 GM /15 ML Svrup METFORMIN ER 500 MG Tablet GLIPIZIDE 10 MG* Tablet LEVOBUNOLOL 0.5% Solution METHYLDOPA 250 MG Tablet GLIPIZIDE 5 MG Tablet LEVOTHYROXINE 100 MCG Tablet METOCLOPRAMIDE 10 MG Tablet GLYBURIDE 2.5 MG Tablet LEVOTHYROXINE 112 MCG Tablet METOCLOPRAMIDE 5 MG /5 ML Syrup GLYBURIDE 5 MG Tablet LEVOTHYROXINE 125 MCG Tablet METOPROLOL TARTRATE 100 MG Tablet GLYBURIDE MICRO 3 MG Tablet LEVOTHYROXINE 137 MCG Tablet METOPROLOL TARTRATE 25 MG Tablet GLYBURIDE MICRO 6 MG Tablet LEVOTHYROXINE 150 MCG Tablet METOPROLOL TARTRATE 50 MG Tablet GUANFACINE 1 MG Tablet LEVOTHYROXINE 175 MCG" Tablet NADOLOL 20 MG Tablet HALOPERIDOL 0.5 MG Tablet LEVOTHYROXINE 200 MCG' Tablet NADOLOL 40 MG Tablet HALOPERIDOL 1 NIG Tablet LEVOTHYROXINE 25 MCG Tablet NAPROXEN 375 MG Tablet HALOPERIDOL 2 MG Tablet LEVOTHYROXINE 50 MCG Tablet NAPROXEN 375 MG Tablet HALOPERIDOL 5 MG Tablet LEVOTHYROXINE 75 MCG Tablet NAPROXEN 375 MG Tablet HYDRALAZINE 10 MG Tablet LEVOTHYROXINE 88 MCG Tablet NAPROXEN 500 MG Tablet HYDRALAZINE 25 MG Tablet LIDOCAINE VISCOUS 2% Solution NAPROXEN 500 MG Tablet HYDROCHLOROTHIAZIDE 12.5 MG* Capsule LISINOPRILIHCTZ 10 -12.5 MG Tablet NAPROXEN 500 MG Tablet HYDROCHLOROTHIAZIDE 25 MG Tablet LISINOPRIUHCTZ 20 -12.5 MG' Tablet NEO /POLYMX/DEXAMETHASONE 0.1% Suspension HYDROCHLOROTHIAZIDE 50 MG Tablet LISINOPRIUHCTZ 20 -25 MG* Tablet NEO /POLYMX/DEXAMETHASONE 0.1% Ointment HYDROCORTISONE 1% Cream LISINOPRIL 10 MG Tablet NORTRIPTYLINE 10 MG Capsule HYDROCORTISONE 2.5°/ Cream LISINOPRIL 2.5 MG Tablet NORTRIPTYLINE 25 MG Capsule HYDROCORTISONE AC 25 MG Suppository LISINOPRIL 20 MG Tablet NYSTATIN 100.x000 Cream IBUPROFEN 100 MG /5 ML* Suspension LISINOPRIL 5 MG Tablet NYSTATIN 100.000U Cream IBUPROFEN 100 MG /5 ML* Suspension LITHIUM CARS 300 MG` Capsule OXYBUTYNIN 5 MG Tablet IBUPROFEN 400 MG Tablet LORATADINE 10 MG Tablet PAROXETINE 10 MG Tablet IBUPROFEN 400 MG Tablet LOVASTATIN 10 MG Tablet PAROXETINE 10 MG Tablet IBUPROFEN 400 MG Tablet LOVASTATIN 20 MG Tablet PAROXETINE 20 MG Tablet IBUPROFEN 600 MG Tablet MAG64 64 MG Tablet PAROXETINE 20 MG Tablet IBUPROFEN 600 MG Tablet MAGNESIUM OXIDE 400 MG Tablet PENICILLIN VK 125 MG /5 ML Solution IBUPROFEN 600 MG Tablet MEDROXYPROGESTERONE 10 MG Tablet PENICILLIN VK 125 MG /5 ML Solution IBUPROFEN 800 MG Tablet MEDROXYPROGESTERONE 2.5 MG Tablet PENICILLIN VK 250 MG Tablet IBUPROFEN 800 MG Tablet MEDROXYPROGESTERONE 5 MG Tablet PENICILLIN VK 250 MG /5 ML Solution IBUPROFEN 800 MG Tablet MEGESTROL 20 MG Tablet I PHENAZOPYRIDINE 100 MG Tablet INDAPAMIDE 1.25 MG Tablet MEGESTROL 20 MG Tablet PHENAZOPYRIDINE 200 MG Tablet INDAPAMIDE 2.5 MG I Tablet MELOXICAM 15 MG Tablet PILOCARPINE 1% Solution INDOMETHACIN 25 MG* Capsule MELOXICAM 15 MG Tablet PILOCARPINE 2% Solution Packet Page -881- 13 3/26/2013 16.D.7. Drug Form Drug Form Drug Form POLYMYXIN SULFATEITMP Solution SMZITMP 200/40/5 ML Suspension TRAZODONE 150 MG Tablet PRAVASTATIN 10 MG Tablet SMZlTMP 400/80 MG Tablet TRAZODONE 50 MG Tablet PRAVASTATIN 20 MG Tablet SMZ/TMP DS 800/160 MG Tablet TRIAMCINOLONE 0.0250/o Cream PRAVASTATIN 40 MG Tablet SODIUM FLUORIDE 0.5 MG Tablet TRIAMCINOLONE 0.025% Cream PRAZOSiN HCL 1 MG Caosule SOTALOL HCL 80 MG Tablet TRIAMCINOLONE 0.1 % Ointment PRAZOSIN HCL 1 MG Caosule SPIRONOLACTONE 25 MG Tablet TRIAMCINOLONE 0.1% Ointment PREDNISONE 10 MG Tablet SPRINTEC 28 -DAY Tablet TRIAMCINOLONE 0.5% Cream PREDNISONE 2.5 MG Tablet SULFACETAMIDE SODIUM 10% Solution TRIAMTERENE/HCTZ 75150 MG Tablet PREDNISONE 20 MG Tablet TAMOXIFEN 10 MG Tablet TRIHEXYPHENIDYL 2 MG Tablet PREDNISONE 5 MG Tablet TAMOXIFEN 20 MG Tablet TP.I- SPRINTEC 28 -DAY Tablet PRENATAL PLUS` Tablet TERAZOSIN 10 MG Capsule VERAPAMIL 120 MG Tablet PROCHLORPERAZINE 10 MG Tablet TERAZOSIN 10 MG Capsule VERAPAMIL 80 MG Tablet PROCHLORPERAZINE 10 MG Tablet TERAZOSIN 1 MG Capsule WARFARIN 10 MG Tablet PROMETHAZINE 25 MG Tablet TERAZOSIN 1 MG Capsule WARFARIN 1 MG Tablet PROMETHAZINE 6,25 MGI5 ML Svrup TERAZOSIN 2 MG Caosule WARFARIN 2.5 MG Tablet PROMETHAZINE DM Syrup TERAZOSIN 2 MG Capsule WARFARIN 2 MG Tablet PROPRANOLOL 10 MG Tablet TERAZOSIN 5 MG Capsule WARFARIN 3 MG Tablet PROPRANOLOL 20 MG Tablet TERAZOSIN 5 MG Capsule WARFARIN 4 MG Tablet PROPRANOLOL 40 MG Tablet TERSINAFINE 250 MG Tablet WARFARIN 5 MG Tablet PROPRANOLOL 80 MG Tablet TIMOLOL MALEATE 0.25% Solution WARFARIN 6 MG Tablet RANITIDINE 150 MG Tablet TIMOLOL MALEATE 0.5% Solution WARFARIN 7.5 MG Tablet RANITIDINE 300 MG Tablet TOERAMYCIN 0.3% Solution SILVER SULFADIAZINE 1% Cream TRA70DONE 100 MG Tablet 2. All Drugs not listed on the above list shall be priced according to the following formulas: Brand Name Medications: Retail Price minus 7.5% Generic Medication: Retail Price minus 12.5 % 14 Packet Page -882- 00'\ 3/26/2013 16.D.7. Exhibit C COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and /or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR. Inspection All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of Ioss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable rime, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity, VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is 15 Packet Page -883- not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at anytime and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or 3/26/2013 16.D.7. otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non - infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attomevs' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If anv claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at. its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be 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 16 Packet Page -884- be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17, Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. '18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice 3/26/2013 16.D.7. to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR- c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 17 Packet Page -885- MarkiewiczJoanne 3/26/2013 16.D.7. 0 r+ From: Cheri C. LaFara [Cheri.LaFara @collierclerk.com] Sent: Thursday, January 17, 2013 9:35 AM To: MarkiewiczJoanne Cc: Connie C. Murray; Robin Tooma Subject: Vendor - Sunshine Pharmacy Importance: High l Joanne - We are having various problems trying to pay this vendor. According to their agreement (Bid #08- 5128), the vendor is supposed to provide a way for us to check on the prescription pricing for each invoice. A couple or so months ww -- ago, the vendor changed who they were using so it is a different website that we will be usin.,g,�t�tilerri ls(thit we "have ._.. �iI1 so, we a er+fy ae pGicing �t, lade gone ali'ead and verified pricing on the same items that were also bought the month before which was July's invoice, and I have sent a list to the vendor of the items that we need them to verify that I could not find in the last invoice that was paid. Connie has ok'd to short -pay the invoices that we could not verify -all of the pricing on as of this time, l have not had any response from the vendor on the items 1 could not find off of the old invoice. She requested that l notify you of this situation we are having and that the department (HHVS) is still working on a possible change in how these bills should be paid in the future. We have billing from August to now that will need to be paid. Due to the change in employees in HHVS and their questions they were having on how these bills get paid from Sunshine Pharmacy, there was a hold up in processing to begin with and then we are still having . problems with being able to verify pricing on the old bills. Even on the new bills 'I have noticed some of the items are not coming up on that website either. The vendor says we can notify them of the ones we can't find and they will get the pricing for us but as I mentioned that is not working well either as I am getting no response on my faxes. Bendisa Marku is the person in HHVS who is trying to get the correct procedures worked out. If you have an feedback on this situation, please let Connie or myself know. Thank you. y y Y y Cheri LaFara U' Finance Dept — Collier County (239) 252 -8351 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the namedaddressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(0)colliercierk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17'95- (-a 64;-a w_ Packet Page -886- 3/26/2013 16.D.7. MarkiewiczJoanne From: MarkiewiczJoanne Sent: Friday, January 18, 2013 12:07 PM To: Cheri C. LaFara Cc: Connie C. Murray; Robin Tooma; MarkuBendisa; GrantKimberley; PelletierLouise Subject: RE: Vendor - Sunshine Pharmacy Cheri: I did attempt to call (and left messages) for Lindsey an Robert at Sunshine yesterday afternoon. No call back. And, of course today we read the newspaper, and learned why there probably was no answer. In any event, I tried to make contact this morning and learned that Lindsey and Robert no longer work for the company; and that Mr. Parrish is away until at least next week. Holly (at Sunshine on Davis) attempted to find someone for me to talk with about past invoices, and the contract... at this point, no luck, and no information. As an aside, given the situation, we asked our other provider if they would be able to accommodate our Naples prescriptions, I believe they cannot. If that turns out to be the case, we may need to use other local providers. I will ask HHVS to keep you posted. In the meantime, I don't intend to follow -up on the past invoices until we get more clarity about the contract from the principle (Mr. Delmar Parrish). Let me know if you need additional information. Thank you, Joanne From: Cheri C. LaFara [mailto: Cheri. LaFara(cOcollierclerk.com] Sent: Thursday, January 17, 2013 9:35 AM To: MarkiewiczJoanne Cc: Connie C. Murray; Robin Tooma Subject: Vendor - Sunshine Pharmacy Importance: High Joanne - We are having various problems trying to pay this vendor. According to their agreement (Bid #08- 5128), the vendor is supposed to provide a way for us to check on the prescription pricing for each invoice. A couple or so months ago, the vendor changed who they were using so it is a different website that we will be using. Problem is that we have invoicing back before that time and can't go onto the old vendor's website that they were using at that particular billing time so we can't verify the pricing. I have gone ahead and verified pricing on the same items that were also bought the month before which was July's invoice, and I have sent a list to the vendor of the items that we need them to verify that I could not find in the last invoice that was paid. Connie has ok'd to short-pay the invoices that we could not verify all of the pricing on as of this time, I have not had any response from the vendor on the items I could not find off of the old invoice. She requested that I notify you of this situation we are having and that the department (HHVS) is still working on a possible change in how these bills should be paid in the future. We have billing from August to now that will need to be paid. Due to the change in employees in HHVS and their questions they were having on how these bills get paid from Sunshine Pharmacy, there was a hold up in processing to begin with and then we are still having problems with being able to verify pricing on the old bills. Even on the new bills I have noticed some of the items are not coming up on that website either. The vendor says we can notify them of the ones we can't find and they will get the pricing for us but as I mentioned that is not working well either as I am getting no response on my faxes. "—*N6endisa Marku is the person in HHVS who is trying to get the correct procedures worked out. If you have any feedback on this situation, please let Connie or myself know. Thank you. Packet Page -887- 3/26/2013 16.D.7. MarkiewiczJoanne From: MarkiewiczJoanne Sent: Wednesday, January 23, 2013 7:01 AM To: 'Sunshinedrug2 @aol.com'; '775 -7377' Cc: NorthrupAdam; WardKelsey; ColonEvelyn Subject: Contract 08 -5128 Pharmacy Services Importance: High Mr. Parrish: Since last Thursday, January 17, 2013, 1 have attempted to make contact with you, or a representative of your firm, to discuss the above referenced contract with Collier County. I have left 3 — 4 phone messages, and on Friday (January 18, 2013) spoke to Holly [at the Davis store] who indicated she would have a representative call me back on Monday, January 23, 2013. To date, I have received no contact from Sunshine Pharmacy. Please contact me immediately regarding contract 08 -5128 Pharmacy Services. Respectfully, Joanne Joanne Markiewicz Interim Purchasing / General Services Director Collier County Purchasing 3327 Tamiami Trail E Naples, FL 34112 ioannemarkiewicza- colliergov. net Telephone: (239) 252 -8975 FAX: (239)252 -6480 q757- 1�r '60 0/7 7 '�) '. 0 t C. 6-6 7 SO '� Packet Page - 888 - �,,� 3/26/2013 16.D.7. MarkiewiczJoanne ^,From: MarkiewiczJoanne Sent: Wednesday, January 30, 2013 3:44 PM To: 'Sunshinedrug2 @aol.com' Cc: 'whitneyleigh2626 @gmail.com'; NorthrupAdam Subject: 08 -5128 Pharmacy Services - Contract with Sunshine Mr. Parrish: Thank you for your note. Before we proceed, I need additional clarification: 1. I was told earlier by Whitney, that your firm cannot dispense narcotics, is that the case? If a County customer needs a prescription filled for codeine, vicaden, xanax, or a similar substance, will you be able to fill? I need to understand any, and all, restrictions that you may have that would be in conflict with the current contract that you have with the County. 2. You indicated that you wanted to move to a new price schedule: If that is the case, that will require a contract amendment to your current agreement. 3. Please clarify: do you still have all licenses /certifications /registration in place? There have been quite a few comments made that you voluntarily gave up your DEA registration; how does that affect order fulfillment for the County? Thank you, Joanne rom: Sunshinedrug20aol.com rmailto:Sunshinedrug2( aol com] Sent: Wednesday, January 30, 2013 1:46 PM To: MarkiewiczJoanne Subject: Fwd: CCSS Atten. Joanne Markiewicz My name is Del Parrish and I am the owner of Sunshine Pharmacies. As mentioned in the letter our licenses and the licenses of our pharmacist is free and clear. We were not charged with anything but the newspaper personally devastated me. I was unable to function after that ran. I am now back. We definitely want to help you with your program and I personally will be your contact for whatever you need or want. As mentioned earlier We are going to institute our $4 for #30 and $10 for 90 days supply to offer you even more savings. I can send you the extensive list if you would like. I will also be your point of contact and will supply you with any and all access to wholesalers. It is our sincerest wish that you continue to utilize us. Patients may go to any sunshine but RSN is the closest and probably the easiest but patients may utilize any of the sunshines. Please call or write if I can be of further assistance. Del Parrish From: whitnevleigh2626Ca)gmail.com To: sun shinedrug2lcaaol.com gent: 1/30/2013 12:26:34 P.M. Eastern Standard Time ISubj: CCSS Atten. Joanne Markiewicz Packet Page -889- 3/26/2013 16.D.7. MarkiewiczJoanne From: MarkiewiczJoanne Sent: Wednesday, January 30, 20131:57 PM To: WardKelsey; NorthrupAdam Subject: 08 -5128 Pharmacy Services Contract with Sunshine KW and Adam: Please see the communication from Del Parrish. In addition to not dispensing narcotics (I believe that we do have a need for that type of pharmaceutical), it appears that they also want to "modify" the pricing. Please let me know your thoughts. At a minimum, we seem to have some sort of communication established again. Adam, you may want to discuss this with Emily. Thank you, Joanne From: Sunshinedrug2Ca@aol.com [maiito:Sunshinedrug2@aol.coml Sent: Wednesday, January 30, 2013 1:46 PM To: MarkiewiczJoanne Subject: Fwd: CCSS Atten. Joanne Markiewicz My name is Del Parrish and I am the owner of Sunshine Pharmacies. As mentioned in the letter our licenses and the licenses of our pharmacist is free and clear. We were not charged with anything but the newspaper personally devastated me. I was unable to function after that ran. I am now back. We definitely want to help you with your program and I personally will be your contact for whatever you need or want. As mentioned earlier We are going to institute our $4 for #30 and $10 for 90 days supply to offer you even more savings. I can send you the extensive list if you would like. I will also be your point of contact and will supply you with any and all access to wholesalers. It is our sincerest wish that you continue to utilize us. Patients may go to any sunshine but RSH is the closest and probably the easiest but patients may utilize any of the sunshines. Please call or write if I can be of further assistance. Del Parrish From: whitneyleigh2626(a)-gmail.com To: sunshinedrug2(&aol.com Sent: 1/30/201312:26:34 P.M. Eastern Standard Time Subj: CCSS Atten. Joanne Markiewicz Joanne, I would like to start out by saying that I am sorry for the incovience that has occured over the past 2 weeks. I also appologize it has taken so long for a response to be given to you and your company in concern of the status of our contract. I wanted to let you know that all 3 of our pharmacy locations are open such as our Rattlesnake Pharmacy, Davis Pharmacy and both our Downtown Pharmacy and our Palm Medical supply store. All locations have a on staff pharmacist and all have clear and active licenses. We hope that regardless of what the media and the newspaper has been printing about our company will not effect your opion of Sunshine Pharmacies and we hope to clear any issue up and continue to work hard and for Collier County Social Services. We also want to extend our list of $4 and $10 medication specials to your customers. If you have any questions Packet Page -890- 3/26/2013 16.D.7. please email me, Del Parrish at Sunshinedrug2(a.aol.com or by phone at 239 - 775 -6800. Thank you and I hope to hear from you again soon. Del Parrish, Pharmacist Packet Page -891- Federal agents raid Sunshine Pharmacy, letter points to Medicare fraud probe >> Naples D 3/26/2013 16.D.7. � 3 5.x..4.. ...,.' � • ? PHOTO BY COREY PERRINE, NAPLES DAILY NEWS /I BUY THIS PHOTO Members of Collier County Sheriffs Office respond at the Sunshine Pharmacy after a raid was conducted earlier in the day Thursday, Jan. 17, 2012, in Naples, Fla. The Drug Enforcement Administration and U.S. Department of Health and Human Services confiscated boxes of evidence and computers from the business. Collier County Narcotics team helped in assisting with the operation. Details are unknown why the officers arrived but stayed for about 30 minutes asking questions to those working inside. Federal investigators have not released details for the said raid either. The unidentified woman was unharmed as she cooperatively opened the door for the deputies. Sunshine Pharmacy raid 1 of 7 EAST NAPLES — Federal authorities spent Thursday at Sunshine Solutions and Pharmacy in East Naples removing documents in an apparent investigation of potential Medicare fraud on behalf of the U.S. Centers for Medicare and Medicaid. The U.S. Drug Enforcement Agency and its diversion program was conducting the on -site investigation at 5482 Rattlesnake Hammock Road, Collier County sheriffs spokeswoman Karie Partington said. Authorities also searched a silver Toyota parked in the Video from NBC -2 shopping center, according to Maryann Steiginga, who works at a _ nearby Domino's Pizza and witnessed the activity throughout the day. She said authorities were at Sunshine when she arrived for work Our at 10:30 a.m. "All I know is they had a bunch of federal agents and searched a car and were inside," she said. "They came with a U -haul and took files and (stuff) in black trash bags." The Centers for Medicare and Medicaid was informed by the Office of the Inspector General of allegations that Sunshine owner Del Parrish and his I OF Ma Dr C. http: / /www.naplesnews.com/news /2013 /jan Packet Page -892- raid - sunshine - pharmacy - lett... 1/18/2013 -Federal agents raid Sunshine Pharmacy, letter points to Medicare fraud probe » Naples D 3/26/2013 16. D.7. mother, Patricia Parrish, had been engaged in a scheme to defraud Medicare, according to an Oct. 17 letter CMS sent to Medicare Part D providers that was obtained by the Daily News. "A preliminary investigation revealed that Del Parrish and his mother have submitted claims to Medicare for beneficiaries after their date of death, and a multitude of non- controlled medications that includes Megace," the letter said of the synthetic derivative of a steroid hormone. In addition, Parrish and his mother may have submitted claims to Medicaid and Tricare, the insurance for military members, that weren't dispensed, in addition to other illegal narcotic related activities, the letter said. The allegations were reported to investigating authorities "on behalf of former and current employees," according to the letter. The CMS official with the Medicare Program Integrity Group who wrote the letter was advising Medicare Part Sunshine Pharmacy D providers to take appropriate actions regarding the pharmacy. Del Parrish, 43 also operates Gulfshore Pharmacy at 421 U.S, 41 N. and Sunshine Pharmacy at 6350 Davis Blvd. All three locations, including the Rattlesnake Hammock pharmacy, are engaged in the scheme to defraud Medicare, according to the letter. Collier sheriffs patrol cars came to and left the 1 of 9 Rattlesnake Hammock shopping center late in the afternoon, with four patrol cars stationed there at 5 p.m. A man who appeared to be Parrish came to the door of the pharmacy and was frisked by officers before he went back inside the pharmacy. The Parrishes couldn't be reached for comment Thursday evening. At least one person among the handful who watched the events was dismayed. "I've been doing business with Sunshine for years," said Terry Anderson, who lives nearby. "Del, the owner, he would help me. He's an upstanding man. Oh God, my 11 5 T T E c 8 N P C X 2 1-ttp: /hvwvw.naplesnews.co.m/news /2013 /jary Packet Page - 893 - aid- sunshine - pharmacy - lets... 1/18/2013 t,e sx 1 of 9 Rattlesnake Hammock shopping center late in the afternoon, with four patrol cars stationed there at 5 p.m. A man who appeared to be Parrish came to the door of the pharmacy and was frisked by officers before he went back inside the pharmacy. The Parrishes couldn't be reached for comment Thursday evening. At least one person among the handful who watched the events was dismayed. "I've been doing business with Sunshine for years," said Terry Anderson, who lives nearby. "Del, the owner, he would help me. He's an upstanding man. Oh God, my 11 5 T T E c 8 N P C X 2 1-ttp: /hvwvw.naplesnews.co.m/news /2013 /jary Packet Page - 893 - aid- sunshine - pharmacy - lets... 1/18/2013 SunShine Pharmacy - Proudly Serving Southwest Florida 3/26/2013 16.D.7. Home Retail Locations Sunshine Solutions Long Term Care Medical Supplies and Respiratory Services Compounding Special Events Links Employment Contact Us 1 -Price Prescription Plans .Down I na&FOrmullaw Pharmacy Locations Need Help With Those Pills? Sunshine Pharmacy - Rattlesnake 5482 Rattlesnake- Hammock Road - Naples, FL 34113 239 - 775 -6800 - Fax: 239 - 775 -7377 View Map - Visit Online Store Sunshine Pharmacy - Downtown 421 9th Street North - Naples, FL 34102 239 - 262 -2929 - Fax: 239 - 262 -3058 View Map - Visit Online Store Sunshine Pharmacy - Davis 6350 Davis Boulevard - Naples, FL 34104 239 - 775 -7207 - Fax: 239 - 963 -3098 View Map - Visit Online Store Medical Supply Locations Sunshine Medical @ Palm 411 9th Street North - Naples, FL 34102 239 - 775 -0164 • Fax: 239 - 280 -9999 http://mysunshinepharmacy.com/retail.html Packet Page -894 - "Sunshine delivers daily with a smile!" Free Antibiotics! Click here for more info 1/18/2013 r SunShine Pharmacy - Proudly Serving Southwest Florida 3/26/2013 16.D.7. Home Retail Locations 0 Sunshine Solutions S Ask us a Question? Long Term Care Fill out a simple form and we will contact youl Medical Supplies and Corporate Offices: Respiratory Services 5482 Rattiesnake- Hammock Road Compounding Naples, FL 34113 (239) 775 -6800 Special Events General Questions: Links info @mysunshinepharmacy.com Employment Sunshine Solutions: Contact Us solutions @mysunshinepharmacy.com Sunshine Medical Supply: med icalsupply@ mysu nshinepharmacy.com ® 2006 -2010 Sunshine Pharmacy . 5482 Rattlesnake- Hammock Road - Naples, Florida 34113 - (239)775.6800 http:// mysunshinepharmacy .com/contact.htt Packet Page -895- 1/18/2013 3/26/2013 16.D.7. MarkiewiczJoanne From: PelletierLouise Sent: Friday, January 18, 2013 12:18 PM To: MarkiewiczJoanne; Cheri C. LaFara Cc: Connie C. Murray; Robin Tooma; MarkuBendisa; GrantKimberley Subject: RE: Vendor - Sunshine Pharmacy Joanne and Cheri, As you know, Sunshine Pharmacy still has two location opens, David Blvd & Downtown. I spoke to both pharmacists and the owners are not available even to the pharmacy staff. Pharmacist Mike Kenny at the Davis location will honor CC Social Services Rx vouchers but I am concerned since the Davis location has a limited inventory of medicine and is not able to order any medicine due to their present state. Social Services has 3 Rx client appts today & I have asked Zena Sellers, Social Services Case Manager, to call the pharmacy once the Client arrives to confirm that the pharmacy has the medicine in stock. I am concerned what we will do to help the client if Sunshine Pharmacy does not have a client's medication in stock. I would appreciate any input as to how we will secure another pharmacy contract if needed. Thank you. Louise Pelletier Case Management Supervisor Housing, Human & Veteran Services Collier County Government 3339 E. Tamiami Trail Suite 211 Naples, Fl. 34112 239- 252 -2696 239 - 252 -2638 (Fax) louisepelletier @colliergov.net n The information contained in this message may be privileged and /or confidential and protected from disclosure. If the reader of this message is not the intended recipient or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by replying to this message and deleting the material from any computer. Thank you From: MarkiewiczJoanne Sent: Friday, January 18, 2013 12:07 PM To: Cheri C. LaFara Cc: Connie C. Murray; Robin Tooma; MarkuBendisa; GrantKimberley; PelletierLouise Subject: RE: Vendor - Sunshine Pharmacy Cheri I did attempt to call (and left messages) for Lindsey an Robert at Sunshine yesterday afternoon. No call back. And, of course today we read the newspaper, and learned why there probably was no answer. Packet Page -896- www.sunbiz.org - Department of State 3/26/2013 16.D.7. Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search Events No Name History _... Detail by Entity Name Florida Profit Corporation SUNSHINE PHARMACY, INC. This detail screen does not contain information about the 2013 Annual Report. Click here to determine if a 2013 Annual Report has been filed Filing Information Document Number P98000050609 FEI /EIN Number 593518172 Date Filed 06/04/1998 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 04/04/2003 Event Effective Date NONE Principal Address 5482 RATTLESNAKE- HAMMOCK RD. NAPLES FL 34113 US Changed 02/22/1999 Mailing Address 5482 RATTLESNAKE - HAMMOCK RD. NAPLES FL 34113 US Changed 02/22/1999 Registered Agent Name & Address PARRISH, DELMER H 5482 RATTLESNAKE HAMMOCK ROAD NAPLES FL 34113 US Name Changed: 01/08/2007 Address Changed: 01/11/2006 Officer /Director Detail Name & Address Title PSD 'ARRISH, DELMER H 5482 RATTLESNAKE HAMMOCK ROAD VAPLES FL 34113 ritle VTD http: / /sunbiz.org /scripts /cordet.exe ?action =L Packet Page - 897 - lumber= F98000050609 &in... 1/18/2013 www.sunbiz.org - Department of State PARRISH, RENEE E 5482 RATTLESNAKE HAMMOCK ROAD NAPLES FL 34113 Annual Reports Report Year Filed Date 2010 01/1312010 2011 02/21/2011 2012 05/14/2012 Document Images 05/14/2012— ANNUAL REPORT���t„�rg>rlQt x 02/21/2011 -- ANNUAL REPORT a 01/1312010 -- ANNUAL REPORT��t�Ri .,a. 03/26/2009 — ANNUAL REPORT 01121/2008 -- ANNUAL REPORTyisltl3gt'"1�rR,� 01/0812007 --ANNUAL REPORT N m/pa 4114 OR F 01/11 /2006 -- ANNUAL REPORTi�e�>s�xrlt� _� y a r 01/13 /2005 -- ANNUAL REPORT REM, 01/0512004 — ANNUAL REPORT, 04/04/2003 -- Amendment 01/13 /2003 -- ANNUAL REPORT:��ak.'' IA" 'a' ,�£f L`.�+r JE'A' f'°^'2 +ua x..q "w'�"" �:• 01 /15/2002 — ANNUAL REPORT k,, ` ;� -, W'��Ia NSA 01123/2001 -- ANNUAL REPORT, N �e OWN r,� ._ 01/18/2000 -- ANNUAL REPORT R,. 0212211999 — ANNUAL REPORTd> � Q f ^ ^k t .. ,m 06/0411998 — Domestic Profitem�t1u0f� Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History i Home I Contact us I Document Searches I E- Fillnq Services I Forms I Helo Copyriqht© and Privacy Policies State of Florida, Department of State 3/26/2013 16.D.7. Entity Name Search Subrl�t http: / /sunbiz.org /scripts /cordet.exe ?action =I Packet Page -898- number= P98000050609 &in... 1/18/2013 3/26/2013 16.D.7. MarkiewiczJoanne ��rom: WalkerJeff Sent: Friday, January 18, 2013 2:01 PM To: MarkiewiczJoanne Subject: Pharmacy Try these guys. We are still looking. Lakeview Pharmacy Inc 700 2nd Ave N Ste 101 Naples, FL 34102 (239) 263 -4490 Jeff Walker, CPCU, ARM Director, Risk Management Office- 239 - 252 -8906 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. I• Packet Page -899- CD (Y) T- C) Q CO Q CY) r 1- CC -4� E47 t Tf V sl- rl\ aft N N co rd Y Fy r._ -�-•1 � q Yi S'�.M d.A'6 x�� k t t � :, t •yam( FS � u 3/26/2013 16.D.7. compay Adrrlir> WaM Services Division Purchasing Contract Administration, 3327 Tamiami Trail East, Naples, FL 34112 Tel: (239) 252 -8407 sent via facsimile and U.S. mail Thursday, February 07, 2013 Del Parrish Owner, Sunshine Pharmacy, Inc. 5482 Rattlesnake - Hammock Rd. Naples, Florida 34113 Re: Contract # 08 -5128 — Pharmacy Services Notice of Intent to Terminate Contract Dear Mr. Parrish As per the provisions of Section 10 of the above referenced contract, the County intends to terminate this contract for convenience. This action shall be effective upon Board approval at the March 12, 2013 meeting. This letter shall serve as the required thirty (30) day written notice. There are currently no outstanding invoices and Sunshine Pharmacy, Inc. has been paid for all products provided under this contract to date. Should you have any further questions, please contact me. Sincerely, Kelsey and Contract Administration Manager Cc: Joanne Markiewicz, Purchasing and General Services Director Bonnie Baer, Clerk of Courts Finance Division Packet Page -904-