Backup Documents 04/14/2009 Item #16D 9
MEMORANDUM
DATE:
April 20, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Martha Vergara, Deputy Clerk
Minutes and Records Department
RE:
Contract #08-5128 "Pharmacy Services"
Contractor: Collier Health Services, Inc.
16D9
Enclosed, please find one (1) original, referenced above (Agenda Item
#16D9) approved by the Board of County Commissioners on Tuesday,
April 14, 2009,
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-7240.
't,
Thank you,
Enclosures
ITEM NO.: O1-?12C- 01170
FILE NO.:
ROUTED TO:
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DATE REcl~ 9
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
April 14, 2009
Office of the County Attorney
Jeff Klatzkow
Lyn M. Wood, C.P.M., Contract Specialist y. L^
Purchasing Department, Extension 2667 U'1'(f'
To:
From:
Re:
Contract: 08-5128 "Pharmacy Services"
Contractor: Collier Health Services, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on April 14, 2009, Agenda
Item 16.0.9
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any
questions concerning the document, please contact me, Purchasing would
appreciate notification when the documents exit your office. Thank you.
C: Terri Daniels, Human Services
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Reviewer Initials: {!U-~
Date' ,-"--17 --1.Jy
04-COA-Ol030/222
Entity Name:
RLS#
CHECKLIST FOR REVIEWING CONTRACTS
(''dzt...td_~i7f .5t:Y'" )1..6; ,;;~--.
Entity name correct on contract? ~""~c U f-m,: ~Yes
Entity registered with FL See, of State? . k Y_ Yes ,~No
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VYes
7Yes
'l_~__ Yes
No
Insurance
Insurance Certificate attached?
Insured registered in Florida"
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $~__
Products/Compl/Op Required $ ~l'tr...,/;,/,[,
(I.
Personal & Advert Required $~_
Each Occurrence Required $ ;,,(;Cf;t't.i{.'
Fire/Prop Damage Required $___~_..
Automobile Liability
Bodily [nj & Prop Required $ 3N\i'C'i
Workers Compensation /frfu <' k l'-(
Each accident Required $ ~ ___' ,;i Provided $
Disease Aggregate Required $ // Provided $
~"~_..-
Disease Each Empl Required $ ~ / Provided $
U mhrella Liability ~-/) 'CI.
Each Occurrence Provided $ IJZ ';0 lv'
Aggregate Provided $ ~,I!Z?':~'li/J
Does Umbrella sufficiently cover any underinsured port. ,11', I
Professional Liability
Each Occurrence Required $ 2.'r)t.!r]Ofr Provided $ --.-i',~.._
Per Aggregate Required $_..~.. Provided $
Otber Insurance
Each Occur Type:_
No
No
;;:
Provided $ Jdt'C',P''('
Provided $ 1.1.tJ(!,/t>:/..
Provided $~
Provided $~~
Provided $ ~.._n
/
Exp. Date _-,lllt'll',
Exp. Date __E:_e.___
Exp. Date, ' __~
Exp. Date -:tllO( ~)
Exp. Date ______
Provided $
~ (if) t' u!'('
,
Exp Date
Exp Date
Exp Date
Exp Date
Exp Date <f-I'JCIU
Exp Date --'l..i'J..-'1 L'
Yes No
Exp. Date
Exp, Date
Required $ ,_
Provided $
County required to be named as additional insured?
County named as additional insured?
'/Yes
---:7Yes
No
No
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party"
Yes
Yes
No
No
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date ofbond
Does dollar amount match contract?
Agent registered in Florida?
Yes
No
Yes
Yes
No
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary: _
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Yes No
Yes No
Yes No
Yes No
Yes
Yes
Yes
No
No
No
Allachments
Are all required attachments included?
Yes
No
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16D9
MEMORANDUM
TO:
FROM:
Ray Carter
Risk Management Department
Lyn M. Wood, C.P.M., Contract Specialist)j? ,
Purchasing Department ~
DATE:
April 14, 2009
RE:
Review Insurance for Contract: 08-5128 "Pharmacy Services"
Contractor: Collier Health Services, Inc.
This Contract was approved by the BCC on April 14, 2009, Agenda Item
16.0.9
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
dod/LMW
C: Terri Daniels, Human Services
DATE RECEIVED
APR 1 5 2009
fiSk HAlWiEMENI 7
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Florida Non Profit Corporation
COLLIER HEALTH SERVICES, INC,
Filing Information
Document Number 739050
FEI Number 591741277
Date Filed 05/17/1977
State F L
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 03/29/1999
Event Effective Date NONE
Principal Address
1454 MADISON AVE WEST
IMMOKALEE FL 34142 US
Changed 01/19/2007
Mailing Address
POBOX 873
IMMOKALEE FL 34143 US
Changed 04/08/1998
Registered Agent Name & Address
DILLON, WILLIAM
2618 CENTENNIAL PL
TALLAHASSEE FL 32308 US
Name Changed: 06/21/1999
Address Changed: 03/03/2008
Officer/Director Detail
Name & Address
Title ST
IRIZARRY. DIGNA
106 S 1 ST STREET SUITE 101
IMMOKALEE FL 34142 US
Tille C
BLACKBURN, DORIS
5203 SELBY DRIVE
FORT MYERS FL 33919 US
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TitleVD
ALLEN SR, HOWARD
430 GAUNT STREET
IMMOKALEE FL 34142
Title EV
WEINMAN, STEVEN D
1454 MADISON AVENUE
IMMOKALEE FL 34142
Title PCEO
AKIN, RICHARD B
1454 MADISON AVENUE
IMMOKALEE FL 34142
TitleVP
ARAGONA, SHARON B
1454 MADISON AVENUE
IMMOKALEE FL 34142
Annual Reports
Report Year Filed Date
2007 01/19/2007
2007 10/01/2007
2008 03/03/2008
Document Images
03L03/2QQ8 --_ANNUAL RI;1"0R1
1 0101/20Q7 -- ANN1li\L REPOR.I
Q1LJ9/2007 -- ANNUAL EL~PORT
03/20/200,,"--, Reg., Agent Change
01/17/2QQ6 -- ANNUAL RI;E'QRI
07/18/2005 =ANNUAL REPORT
01/14/2005." ANNUAL REPORT
OS/25/2004 -- ANNUAL REPORT
04/30/2003.. ANNUj\L REPORT
02/11/2002.. ANNUAL REPORT
05/11/2Q01-= ANNUAL REPORT
03/14/2000 = ANNUAL REPORT
06121/1999 -- ANNUAL~Ef'QBT
03/29/1999 -- Amendment
02/01/1999-- ~ Agent Change
04/0811998-=ANNUAL REPDRT
04/30/t99Z -,_ANNUAL REPOfU
05(16/1996 =ANNUAL REPORT
05101/1995.. ANNUAL REPORT
Page 2 of3
16D9
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16D9
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16D9
A G R E E MEN T 08-5128
for
Pharmacy Services
THIS AGREEMENT, made and entered into on this I L.f -th day of A p n' \
2008, by and between Collier Health Services, Inc., authorized to do business in the State of
Florida, whose business address is 1454 Madison Avenue, Immokalee, Florida 34142,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1, COMMENCEMENT. This Agreement shall commence on the date of award by the
Board of County Commissioners with 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 Contractor1s
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),
Page I of 10
16D9
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. 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.
5. 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:
Collier Health Services, Inc.
1454 Madison Avenue
Immokalee, Florida 34142
Attention: Mike Ellis, Director of Corporate Development
Telephone: 239-658-3138
Facsimile: 239-658-3050
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
::\301 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,
6. 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.
7. 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
Page 2 of 10
16D9
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.
8. 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.
9, 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.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. 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: Coverage shall have minimum limits of $2,000,000 per
Occurrence.
Page 3 of 10
16D9
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,
12. 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
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, CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Housing and Human Services Department/Social Services
Program.
14, 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.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #08-5128, Exhibit A, Scope
of Work and Exhibit B, Pricing.
16. 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.
Page 4 of JO
16D9
17. 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,
18. 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.e. 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.
19. VENUE. Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
20. 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.
21. 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.
22. 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,
23. 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
Page 5 of 10
16D9
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.
24. KEY PERSONNEl/PROTECT 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.
Page 6 of 10
......__..,---_.-._._~.."..~-.^_..~...,.__..,-
1609
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 and year first above
written.
ATTEST:
11__" .,'11"
'v~~. -.. ,
. <~ j'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:, $~ J~
Donna Fiala, Chairman
Collier Health Services, Inc.
First Witness
~
VI 0:'.
conuo'}f!
B~ -
Signature
JJ:;.~~.J
Sharon B. Aragona
Type! print witness name
U~.IJ/VL, ~. Air
Second Witness
Mike Ellis, Director of Community
Typed signature and title Development
Victoria Carr
Type! print witness name
Approved
legal suffic n
.......
mey
\J.J< -'
,
Page 7 of 10
16D9
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 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 3D-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 HIP AA 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 HIP AA 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,
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.
Page 8 of 10
16D9
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 HIP AA
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 Collier Health Services, Inc. will be Mike Ellis at telephone number 239-658-3138 and
email address mellis@collier.org.
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 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:
Page 9 of 10
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
16D9
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
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, MI)
b, SSN
c. NABP #
d, Store #
e. RX#
f. Date Filled (MM/DD/CCYY)
g. Refill
h. Physician Name
1. Drug
J. NDC # and Description
k. Quantity
I. Days Supply
m. Generic (Y/N)
n, Amount Due
0, Billing Date
Page 10 of 10
1 QrP}tm
ACORD,.
CERTIFICATE OF LIABILITY INSURANCE
3/30/2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
__ .INSUFlERS AFFOR[)ING~OVER,',A",GE. ., ''; - '" I NAIG#
J!i?Uf<.ERA: ~ar~~or~iE....~_!!">!l_Ll~<mce Co an . 19682 __
~i!RER B:",2.I"ar~_t~_~~",cas.1.l:I:l:,L;,i::Y, Insurance .,S-?'_n_.._ ,__LX~J~~ ~_____
1_~URERC_}~_~~?~~~~,d Empl,?x_erslns Co .____ _~?S1_1______'"_,__
~~----_.,'" -~~ . -,,---- -.-..-.
,
INSURf.R E:
I
fJA TE IMM/ODNYVYl
PRODUCER
Wells Fargo Ins Services Southeast, Inc.
27299 Riverview Center Blvd suite 211
Bonita Springs FL 34134-4322
{239) 498-5225 (239) 949-3575
INSURED
Collier Health Services. Inc.
1454 Madison Avenue
lmmokalee. FL 34142
COVERAGES
THE POLICIES OF INSURANCE LISTED BELQWHAVE BEEN ISSUED TO THE INSURED NAMED ABOV[ rOR THE FOllCY PERIOD INDICATED NONJITHSTANDtNG
ANY REQUIREMENT, TERM OR CONDITION or ANY CONTRACT OR On-IER DOCUMENT WITH RESPECT fQ WHICH THIS CERTIFICATE MAY 8E ISSUED OR
MAY PERTAIN, THE INSURANCE AFf:ORDED BY THE POLICIES Or::SCR18ED HEREIN IS SUBJECT TO AIL n-IE TERMS, EXCLUSIONS AND Cm~OITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INfR D[V--'-'~-'- -'-~--"~--- -------;~LlCy NUMBER "POk+~Y ,i~FEcnV-E-1 Pgk~YEXP;tA~~14 i ------~,;:;;~--- _n__.__
GENERAl LIABILITY EACH OCCURRENCE I $
x 1 21UUNAG2894 4/1/2009 4/1/2010 I DAMAGE-'n:f~t:~--!-$-
~~lM~~,:;~~~:E~r;~~:: li:~2::~:E:::::~i:
! J !__~EONEF3^L_~Q.~~~Q~~~,-
r~EN'L AGGREGATE L1M1T-;~~~~S PE-R PRQ9.i:!S::~..f_9MPIS?P AGG
I X POLICY --- PRO-i ,LaC
~TOMOB\LE LIABILITY
1_ I ANY Aura
I ALL O\<\iNED AUTOS
r
I
A
J_."Qil_Q.J_P_Q.9_u
,,~.QQ.!..9.EO
10.,000
1, D_D~~"Q.Q.g.
. ~fg_~0_!"O_0_9
2,000,000
A
21lJUNAG2894
4/1/2009
4/1/2010
COMEJjNED SII\'GLE LIMIT
!(EaaCCidenO
f.._~.' ,
I DODIL Y INJURY,
~rscn)
.?,"~"g 0,.?..t P_9~,
,
SCHEDULED A,UIOS
X HIRED AUTOS
X NON-OWNED AUTOS
X DEDUCT~_~L.E._..~~..._
: BODILY INJURY
: (Peraccide<ll)
.---..-"
,
i PROF'ERTY DAMAGE
(Peracciderll)
I'
$
GARAGE LIABILITY
-~ ANY AUTO
1 ,
~ESSIUMBRELL~~!..~BILlTY
B X i OCCUR i ! CLAIMS MADE:
'AUTO~!'_:f~.!-.~~,IC)!,,~_T__. ~.__
OTHER -HAN
AUTQONLY
EAACC:S
-f----
AGG i $
EACH OCCURRENCE
~s
5,000,000.
_ ~f_~.~O-, qr~o
21HHUTT9047
4/1/2009
4/1/20.10
AGGREGI\TE
i--
______2
83028927
4/1/2010
$
'~--~--I-,-'
~_._~-----"----- -t----------
"
CTH.,
-~~ :
DEDUCTIBLE
X RETENTION
10,000
C 'WORKERS COMPENSATION AND
i EMPLOYERS' LIABILITY
, ANY PROPRIETOR/PARTNER/EXECUTIVE
! -oFFICERlMEMBER EXCLUDED?
, .fyes,describeunder
SPECIAL PROVISIONS below
OTHER
4/1/2009
x TWC~TfJN'
1'..L_ EACH ACCIDENT
, E.L DISEASE - EA EMPLOYEE! S
rnEl. '~I~~ASE" POLICY LlMI~T~
1,_{)_9_~!.999_
_._~.OOO, 000
1,QOO,000
DESCRIPTION OF OPERATlONS! LOCATIONS! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROViSIONS
Certificate Holder is Additional Insured as rospects General Liability and Umbrella Liability
Re: Agreement 08-5128 for Pharmacy Services
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Collier County Board of County Commissio~@rs
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Naples, Florida IMPOSE NO OBLIGATION OR LIABILITY OF ANY K\NO UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESE:NTATlV'" f.iJZ))J
,
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
PaSJ'" 1 of 2
16D9
3/30/2009
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 the certificate holder in lieu of such endorsemenl(s).
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 certificate
holder in lieu of such endorsement(s)_
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/OB)
Page:> of 1
/4...."""'.
( ~
'. ~
'....Ian
DEPARTMENl' OF HEALTH & HUMAN SERVICES
1609 '
Health Resources and ServIces
Administration
DEe 1 6 2008
Bureau of Primary Health Care
Rockville MD 20857
Reference:
Malpractice Liability Coverage - Renewal Health
Center Deeming Letter Coverage Effective
January 1, 2009 through December 31, 2009
Dear Executive Director:
The Health Resources and Services Administration (HRSA) in
accordance with Section 224(g) of the Public Health Service
(PHS) Act, 42 U.S.C. ~233(g), as amended by the Federally
Supported Health Centers Assistance Act of 1995 (FSHCAA), (P.L.
104-73), deems the entities listed on the attachment(s)to be
employee's of the PHS, for the purposes of section 224,
effective January 1, 2009. Section 224(a) provides liability
protection under the Federal Tort Claims Act (FTCA) for damage
for personal injury, including death, resulting from the
performance of medical, surgical, dental, and related functions
and is exclusive of any other civil action or proceeding.
The 1995 amendments to FSHCAA clarified that FTCA coverage
extends to deemed health centers and their: (1) officers; (2)
governing board members; (3) ful1- and part-time health center
employees; (4) licensed or certified health care practitioner
contractors (who are not corporations) providing full-time
services (i,e., on average at least 32 ~ hours per week); and
(5) licensed or certified health care practitioner contractors
(who are not corporations) providing part-time services in the
fields of family practice, general internal medicine, general
pediatrics, or obstetrics/gynecology. Volunteers are neither
employees nor contractors and, therefore, are not eligible for
FTCA coverage.
In addition, FTCA coverage is comparable to an "occurrence"
policy without a monetary cap, Therefore, any coverage limits
that may be mandated by other organizations are met.
,__ _"'M"___~' __..,___. ..~"_.~,~ ,,_"~"H..._."~'_~"'_"'_'" -' "__"~,__~____",~_.^,~",-<~"_",_."_._,-,,.__..._.__."____._._.,--_.._,.~_.,-_."._>-*._---_..,~
16D9
This action is based on the assurances provided in your FTCA
deeming application, as required under 42 U.S.C, ~233(h), with
regard to : (l) implementation of appropriate policies and
procedures to reduce the risk of malpractice; (2)
implementation of a system whereby professional credentials
and privileges, references, claims history, fitness,
professional review organization findings, and licensure
status of health professionals are reviewed and verified; (3)
cooperation with the Department of Justice (DOJ) in the
defense of claims and actions to prevent claims in the future;
and (4) cooperation with DOJ in providing information related
to previous malpractice claims history.
Deemed health centers must continue to receive funding under
Section 330 of the PHS Act, 42 U.S.C. 5254(b), in order to
maintain FTCA coverage. If the deemed entity loses its
Section 330 funding, its coverage under the FTCA will end
immediately upon termination of the grant,
In addition to the FTCA statutory and regulatory requirements,
every deemed health center is expected to follow HRSA's FTCA-
related policies and procedures included on the enclosed list,
These documents can be found online at
http://www.bphc.hrsa.gov/pinspals/default.htm.
For further information, please contact the Office of Quality
and Data at 301-594-0818.
Sincerely,
l\....u..t.\..1.-,I'\.b.
+- James Macrae
Associate Administrator
Enclosure
Executive Director
Center for Family Health. Inc,
UDS# 057030
2298 Spring port Road, Suite B
Jackson, MI 49202
Battle Creek, M I 49037
Executive Director
Muskegon Family Care
UDS# 0516820
2201 South Getty Street
Muskegon Heights, MI49444
Executive Dlfector
Collier Health Services, Inc,
UDS# 041700
1454 Madison Avenue.West
Immokalee, FL 34142
Executive Director
Mattapan Community Health Center
UDS# 01201 0
1425 Blue Hill Avenue
Boston, MA 02126
Executive Director
Northwest Buffalo Community Health Care Ctr
UDS# 02001 0
155 Lawn Avenue
Buffalo, NY 14207
Executive Director
Centro de Salud Familiar
Dr.Juli Palmieri Ferri,lnc.
UDS# 020150
P.O. Box 450
Arroyo, PR 00714-0450
Executive Director
Tri County Medical Center, Inc.
UDS# 042830
316 South Main Street, P.O. Box 726
Evergreen, AL 36401
Executive Director
Chota Community Health Services, Inc,
UDS# 044251 0
1206 Hwy411
Vonore, TN 37885
Executive Director
Metro Community Provider Network
UDS# 080730
3701 South Broadway
En9lewood, CO 80113
Executive Director
Los Barrios Unidos Community Clinic, Inc,
UDS# 060680
809 Singleton Boulevard
Dallas, TX 75212
Executive Director
lake County Health Department
And Communtty Heatth Center
UDS# 058870
3010 Grand Avenue
Waukegan, IL 60085
Executive Director
Community Clinic of Maui, Inc,
UDS# 096040
48 Lono Avenue
Kahului. HI 96732
Executive Director
Unrty Health System
UDS# 023890
39 Genesee Street
Rochester, NY 14611
Executive Direclor
JWCH Institute. Inc.
UDS# 0925360
1910 West Sunset Boulevard. Suile 650
Los Angeles, CA 90026
Executive Director
Junta Del Centro De Salud Comunal
Or. Jose S. Belaval, Inc.
UDS# 02Q700
2003 Borlnquen Avenue, P.O. Box 14451
San Juan, PR 00916
Execuuve Direclor
Paterson Community Healtti Center, Inc,
UDS# 021300
32 Clinton Street
Paterson, NJ 07522
Executive Director
CAMcare Health Corporation
UDS# 021280
817 Federal Street
Camden, NJ 08103
Executive Director
Scranton Primary Health Care Center, Inc,
UDS# 032560
959 Wyoming Avenue, P.O. Box 31
Scranton, PA 18501,0031
Executive Director
Minnie Hamilton Health Care Center, Inc,
UDS# 034190
186 Hospital Drive
Grantsville, WV 26147,7100
Executive Director
Covenant House Under 21
UDS# 021770
460 West 41" Street
New York, NY 10036-6801
16D9
Executive Director
Community Action Agency of Columbiana County, Inc
UDS# 056820
7880 Lineole Place
Lisbon, OH 44432
Executive Director
Sebastlcook Family Doctors
UDS# 015170
118 Moosehead Trail, Suile 5
Newport. ME 04953
Executive Director
Herrtage Heallh & Housing, Inc,
{dba Herilage Health Care Cenler}
UDS # 020130
1727 Amslerdam Avenue
New York, NY 10031
Executive Director
Morovis Community Health Center, Inc.
UDS# 022230
2 Calle Palron, P,O. Box 518
Moroilis, PR 00687
Executive Director
Family Healthcare Center
UDS# 083670
306 4th Street,North
Fargo, ND 58102
Executive Director
McKinney Community Health Center, Inc,
UDS# 048080
218 Quarterman Street
Waycross, GA 31503
Executive Director
Newark Community Health Centers, Inc,
UDS# 020500
741 Broadway
Newark, NJ 07104
Executive Director
Southwest Community Health Center
UDS# 098790
751 Lombardi Court, Suite B
Santa Rosa, CA 95407
Executive Director
Yellowstone City County Health Department
UDS# 082500
123 South 27" Street
Billings, MT 59101
Executive Director
Atascosa Health Center (AHC)
UDS# 062390
310 West Oaklawn Road
Pleasanton, TX 78064
.~ """,_"~",_,<",_",.",__~__",~""~_,~,,_,,,~,~,,,"'"_~,.,..._,."......_,,,,,,,_,".,,_"",""'''_,,~o~_''~_''_'_~~''_~.__~
16D9
Health Resources and Serv~ces Adm~n~strat~on
Federal Tort Claims Act (FTCA)-Related
Program Assistance Letters (PALs)
And
Pol~cy Informat~on Not~ces (PINs)
This list highlights the PALs and PINs most relevant for FTCA-
related matters. Please consult HRSA's Web Site at
http://www.bphc,hrsa.gov/pinspals/default.htm for a listing of
all HRSA PALs and PINs.
PALs
1999-15
2005-01
PINs
1999-08
2001-11
2001-16
2001-19
2002-07
2002-22
2002-23
Questions and Answers on the Federal Tort Claims Act
Coverage for Section 330 Deemed Grantees
Federal Tort Claims Act Policy Clarification on Coverage
of Corporations Under Contract with Health Centers
Health Centers and the Federal Tort Claims Act
Clarification of Policy for Health Centers Deemed Covered
Under the Federal Tort Claims Act for Medical Malpractice
Credentialing and Privileging of Health Center
Practitioners
Procedure for Handling Subpoenas and Other Requests for
Testimony of Health Center Employees in Private Litigation
Scope of Project Policy
Clarification of Bureau of Primary Health Care
Credentialing and privileging Policy Outlined in Policy
Information Notice 2001-16
New Requirements for Deeming Under the Federally Supported
Health Centers Assistance Act
Updated: July 9, 2007
MEMORANDUM
DATE:
May 6, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE:
Contract #08-5128 "Pharmacy Services"
Contractor: Sunshine Pharmacy, Inc.
16D9
Enclosed, please find one (1) original, referenced above (Agenda Item
#16D9) approved by the Board of County Commissioners on Tuesday,
April 14, 2009.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures
MEMORANDUM
16D9
TO:
FROM:
Ray Carter
Risk Management Department
Lyn M. Wood, C.P.M., Contract specialist;/!.. .,~
Purchasing Department '~
April 15, 2009
DATE:
RE:
Review Insurance for Contract: 08-5128 "Pharmacy Services"
Contractor: Sunshine Pharmacy, Inc.
This Contract was approved by the BCC on April 14, 2009, Agenda Item
16.0.9
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
dod/LMW
C: Terri Daniels, Human Services
DATE RECEIVED
APR 1 6 2009
RISK ~
~,:; :fJ'lW
16D9
A G R E E MEN T 08-5128
for
Pharmacy Services
THIS AGREEMENT, made and entered into on this J 4~ day of ~n '(
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":
WIT N E SSE T H:
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).
Page 1 of 10
l6D9
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.5., 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
Page 2 of 10
16D9
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: Coverage shall have minimum limits of $2,000,000 per
Page 3 of 10
16D9
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
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. 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.
Page 4 of 10
16D9
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.e. 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
Page 5 of 10
16D9
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 PERSONNEUPROJECT 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.
Page 6 of 10
16D9
..- ~ ._,~.
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 and year first
above written.
*
~"..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~ J~~
Donna iala, Chairman
,
Sunshine Pharmacy, Inc.
Lfl
First Witness
By:
De I ~VVI'51
Typed signature and title
pvc~
Approved as to form and
legal sufficiency:
~tjf? I~L
~iiiitaR.t County Attorney
~,~'ty
SL.1/ R. 7i!~~4
Print Name
ftem# 11.0 bq
Agooda 4111/fa
Date ':::.1
Date dl I{)P,
Rec'd ~
~.~
Deputy Clerk
Page 7 of IO
EXHIBIT A
SCOPE OF WORK
16D9
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 HIP AA 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 HIP AA 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,
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.
Page 8 of 10
16D9
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 HIP AA
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
Page 9 of 10
b.
Date of Dispensing
Prescription Number
Physician's Name
Instructions for Patient Use
Name and Strength of Drug
N umber of Doses Dispensed
1609
c.
d.
e.
f.
g.
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
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, MI)
b. SSN
c. NABP #
d. Store #
e. RX#
f. Date Filled (MM/DD/CCYY)
g. Refill
h. Physician Name
1. Drug
J. NDC # and Description
k. Quantity
1. Days Supply
m. Generic (Y / N)
n. Amount Due
o. Billing Date
Page 10 of 10
Sunshine
. Pharmacy
Cost of Services to the County:
Exhibit B
The fixed prescription-dispensinR fee will be as follows:
Brand Name Medications- AWP minus 19% plus $4.50
Generic Medications- AWP minus 30%
Sunsblne
Pllannll,
5482 Rattlesnake Hammock Rd.
Naples, FL 34113
Phone: (239) 775-6800
1400 Gulfshore Blvd. Ste. 100
Naples, FL 34102
Phone: (239) 262-2929
6350 Davis Blvd.
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) 775-6800
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- TMP . Erythromycin
. Ciprofloxacin
16D
16D9
ALLIED PROPERTY AND CASUALTY INS CO
ONE NATIONWIDE PLAZA
COLUMBUS, OH 43215-2220
'.. p ~APC 5903603950
. 08/15/2008 to 08/15/2009 12:01 A.M. Standard time at the mailing address below
SUNSHINE PHARMACY INC
BUSINESS AUTO
DECLARATIONS
59056
Agency Name:
Agency Address:
5482 RATTlESNAKE HAMMOCK RD
NAPLES, FL 34113-7454
ACKERMAN INS SERVICES INC
NAPLES FL 34109-2110
09 59056-002 006
(239)597-1096
59
Insured is a(n): CORPORATION Operating as a(n): DELIVERS PRESCRIPTION MEDICINE
In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the
insurance as stated in this policy.
ITEM lWO . SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a
charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as
covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the
svmbols from the COVERED AUTO'S section of the Business Auto Coveraae Form next to the name of the coveraae.
~
COVERED AUTOS
(Entry of one or more of the LIMIT
COVERAGES symbols from the COVERED THE MOST WE WILL PAY FOR ANY ONE PREMIUM
AUTOS Section of the
Business Auto Coverage Form ACCIDENT OR LOSS
:~~~:~~~h a~':oC::
LIABILITY 7 8 9 $ 1,000,000 $ 6,702.00
PERSONAL INJURY PROTECTION 7 Separately stated in each P.I.P. Endorsement $ 563.00
MEDICAL PAYMENTS/EXPENSE 7 $ 5,000 $ 88.00
$ $
UNINSURED MOTORIST 7 " $ 100,000 $ 589.00
BODILY INJURY
UNOERINSURED MOTORISTS $ $
$ $
PHYSICAL DAMAGE- 7 $ 495.00
COMPREHENSIVE COVERAGE ACTUAL CASH VALUE, STATED AMOUNT IN ITEM THREE,
OR COST OF REPAIR, WHICHEVER IS LESS MINUS THE
PHYSICAL DAMAGE - SPECIFIED DEDUCTIBLE IN ITEM THREE FOR EACH COVERED $
CAUSES OF LOSS COVERAGE NAUTO". SEE ITEM FOUR FOR HIRED OR BORROWED
"AUTOS".
PHYSICAL DAMAGE - 7 $ 1,519.00
COLLISION COVERAGE
TOWING AND LABOR 7 $50 for each disablement of a private passenger auto $ 16.00
CARGO LIABILITY SEE VEHICLE SCHEDULE $
MISCELLANEOUS PREMIUM $
Estimated Basic Premium:
Estimated Surcharge(s):
Estimated Tax(es):
Estimated Total Premium:
.'
$ 9,972.00
$ 99.72
$
$ 10,071.72
"
~*' Countersigned By
<>
~
<>
<>
Authorized Representative
EAS176
LKR1
2008256
INSURED COpy
ACP BAPC5903603950
912298341
59 fXXXJ777.
Date: 11/1812008 10:59 AN!
Sender's Fax 10:
16 D 9 ~age2of3
ACORDn
CERTIFICATE OF LIABILITY INSURANCE
OP 10 GS
SUNSH-2
DATE (MM/:C01YYY'O
FROOUCER
11/18/08
ONL Y AND CONFERS NO RIGHTS UPON THE CERTFICATE
Ackerman Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1575 Pine Ridge Rd, ste. 17 AL TER THE COVERAGE AFFORDED BY THE POUCIES BELOW
Naples FL 34109 .
Phone: 239-597-1096 Fax: 239-597-9550 'INSURERS AFFORCING COVERAGE i NAIC #
liiSuReO-----------------------~------.-----TNSJRER" --N-... Mut..al Fir;;-~-~anc.;'~ L 23779 ---
i NSJRER 8 i
- -,-------,--
I ~jSlIRE;C ,
NSURER D
Sunshine Pharmacy Inc
5482 Rattlesnake Hammock Road
Naples !'L 34113
NSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR ThE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREI/EtJT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWiTf1 RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU8JECTTO ALL THE TERMS, EXCLUSIO'JS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE: BE:EN REDUCED BY PAID CLAll~S.
LTR NSr:: TYPE OF INSU~ANC!: POLICY NUMBER ['Or;.,~f'(~~If,?!;',E o8J:~CEY ~~~o~Jfil.j LIMITS
A
, GENERAL LlA31cllY
[J COM~1ERCI.AL GENERAL "".slcITY 77-BO-858908 -3001
hi LLAII,I:,. MACA, ~ OC(;I)F:
!j -'=-~-=====
! GE~/L AC.GREGATE i_i~i:i }l.PPl ES PER: i
~;-l "()lC" ~ FP,> -: ,-,c I
A . ~. I L---l JEcr ,-'--' J
AUTOMOBILE LIABILI,",' I
I _ ~,., Y AI.;TQ I
[-J -"., JW:.iED Al.;T'- S I
Ii :>(HEOULEC' AUi(;,::;: J
--1 H'KF.'DAiJ7"'JS I
~ N()I.~OW'"E[' 4..'T05 I
I .
~I
!
I E;;CH OCCURRENCE $ 2,000 1000
11/29/091 ~~CISES(E~to~~r~o',.1 $ 50,000
I MED E~P (Anyon. parsonl ! $ 5 , 000 _
: DERSO"AL &ADY INJ.JR'.' i $ 2 I 000; 000
: GcNERi'i .'\GGRE,,;.Tc 1$ 4, 000,000
'------------y--::-----
i PRODUCTS - C)MP/OP AGG ! $ 2 , COO 1000
I
11/29/08
,
, COM8INEC, SINCLE LMIT I.
j (E~arCI~~~_____._L_---.------
I I
; BODILY iN ..IUR'i i $
I (P~r perscn} I .
[--'----------t------
I BODILY NJ.JRY I,
(PElracL'lijl?nti i .1>
I F'R0PERTY D.t,J,,1AGE I, $
: (PErI' accldentl I
~AGE LIABILITY
~;\h'l',A,lJTn
i
LE~ESSivMBRELLA LIABIL'TY
t: CW.JR LJ CLI;/M.S MAGE
L_ 'DEDJC1iGLE
! RETENT!OI'~
f--
I
I
I
i
i
I
".UTO ONL Y - EA A..::cIDENT
r-
I' OTH~ lHAN
I AUTO ON I.. Y
$
EAACC $
$
Ll.,GG
EACH O':CURREt,CE $
t",,,::;.P::GA T~_______"__l:!='-,---------:..
I ~
i ---
L-------i~'-----.---
I $
, WORKeRS COI~PENSATlCl<AND
I E~IPLOYERS' LIASILITY
I ~.NY PR<JPRIETQRIPAR,r~ERIE)~(U: I\E
OFFCER,MEME<ER EXCliJDEC'"
! I~ y.3S, d&!lcribe Ufl(.ier '
! S?EC!.AL PROVISIONS be.lcw I
i OTHER
A ! Property Coveraqe 1 77-BO-828908-3001 11/29/08 ~29/091
DESC~I?TIOI" OF OFE~",TIONS {LOCATIONS /VEHICLES I eXCLUSIONS ADDED BY ENOO~SEMENT I SPECIAc FROVISIONS
tThe referenced locations:
Sunshine Medical Pharmacy 6350 Oavis Blvd Naples FL 34104
Sunshine Solutions 5480 Rattlesnake Hammock Road Naples FL 34113
S~nshine Pharmacy at Livingston 13020 Livingston Road Naples ~L 34105
l___ci'~tn.1ITi. _.__..______ ______
i EL EACH '\CC IDENT i $
,--- j
I,'=-.L DISEASE- ~n'PL~~_j..~___________
! :: L DfSEA..<:;E. pOLle'\" ulv!:r $
Contents
700,000
CERTIFICATE HOLDER
CANCEL.LATION
SHOULD ANY OF THE .~BOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPiRA":XlN
DATE THEREOF, THE iSSUING I,"SURER WILL ENtlEAVOR'-O MAL 30 !;AYS '''-'lITIEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. aUT FAILURE TO 00 SO SHALL
IMPOSE NO 08L'G.ATION OR ",ABIL~ OF ANY ~INO UP,)!; THE INSURER, I,S AGENTS OR
RE~RESEf.ITATlVES.
AUTHORIZED REPRESENTA1'VE
Brett A, Ackerman
ACORD 25 (2001/08\
<:9 ACORD CORPORAnON 1
Messer I:nsurance Group, I:nc.
1403 Maclay Commerce Drive
Tallahassee F.L 32312
Pbone:850-894-8222 Fax:850-894-8228
IISURED
- 16D
CERTIFICATE OF LIABILITY INSURANCE 'f ~
THIS CERTlRCATE IS ISSUED ~ A MA
ONLY AND CONFERS NO RIGHTS UPO
HOLDER. THIS CERTIFICATE [IQES NO
ALTER THECOVERAGEAFFOI~
INSURERS AFFORDING COVERAGE
INSURER A: Landmark Ame:r:ican
INSURER B:
INSURER C:
INSURER D:
INSURER E:
.1 O"T&~
10 JO
tmSH-1 01/20/09
ITER OF INFORMATION
N THE CERTIFICATE
T AMEND, EXTEND OR
. THE POlICES BELOVIf.
NAIC'
rns Co. 33138
~bine Pbaxma
5482 Rattl.anakeCY HaDDOck Rd
Naples J'L 34113
COVERAGES
CERTlRCATE HOLDER
-
THE pOUClES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITH!lTANDlNG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE[' OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUSIONS AND COf\lDITIONS OF SUCH
POUCIES- AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTII 11IM TYPE Of' IIIIURANCII POLICY NUM8ER ~~::~ L..,..
GENERAL UAlllLITY EACH OCCURRENCE $
r--
- COMMERCIAL GENERAL LIABILITY PREMISES (Ea ~;;;'1CII1 S
I-- tJ ClAIMS MADE 0 OCCUR ~~D EXP (Anyone penon) $
,...-- PERSONAl & AnV INJURY S
'--- ~5NERALAGGREGATE s
rrAGG~rr;:: APnS PER; PRODUCTS .. COMPIOP AGG $
POLICY JECT LOC
~TOIIOIIlLE UARITY COMBINED !lINGlE LIMIT S
ANY AUTO lea ac:ddentl
I--
c...- AlL OWNED AUTOS BODILY INJIJRY
SCHEDULED AUTOS (Plr person) S
-
I-- HIRED AUTOS BODILY INJlJIRY
NON-oWNED AUTOS (Per occidenl) S
r--
I-- PROPERTY DAMAGE S
(Per accident'
GAIlAO& UMILITY I AUTO ONlY - EA ACCIDENT S
R ANY AUTO OTHER THAlli EA ACC S
AUTO ONLY: AGG S
1!XC1lS81 UMIItEUA UA.LITY EACH OCCURRENCE S
tJ OCCUR 0 CLAIMS MADE AGGREGATE S
S
R OEDUCTIBLE S
RETENTION S S
WORKERS CCliMl'BJIMTION ITORY"LIMrrS I IOJ~
oUID IIII"LOYIRS' LIA8IUTY Y/N
ANY PROPRIETORlPARTNERlEXECUTIVD E.L. EACH ACCIDENT S
OFFICERlMEMBER EXCLUDED?
(1Iand1llllNJ III NHI E.L. DISEASE. EA EMPLOYEE S
~Mt.ii'klleOVlS~~S lleIow E.L. DISEAse. POLICY LIMIT S
011tl!ft
A Professional. LHM'717476 05/01/08 05/01/09 Eeh Claim 2,000,000
LiabUi tv Aqqreqate 2.000.000
DEllCIUI'TlON Of' OI'EftATlONa I LOCATION' I vmtICU!S IIIXCLUIIONS ADDI!D !IV END0ft8EMENT I SPECIAL "RO\IlIIONS
CANCELLATION
SHOULD AlfY OF l1ll! AElOVI DElCIltBl!D POLICIES 8& CANCEU.ED IIEFOftE THE Dl'lRATtON
FORPR-l IIATE THIlREOl". THE ..UINO lNlIURIlR WILL ENOIIAVOR TO MAIL -0- DAYS WRI'TTD
NO'I'IC&: TO THE CI!ImFlCATE HOLDER NAIII!D TO THE lEFT, IIUT I'AlLUIlE TO DO so SHALL
.I'OSE NO O8l.IGATION OR UAlllLITY 01' AlfY IOlUl UPON THE INaU-,1Ta AO&N'TS Ol't
RIlPR5lIUITA
R!
For Proposal
ACORD 25 (2009101)
The ACORD name and logo are re
16D9
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 the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the tenns and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This CertifICate of Insurance does not constitute a contract between the issuing insurer(s). authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009101)
81/15/B9 17:12:29
GUARD 578-825-9988 -)
239-919-54%
]6D
Page 881 9
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Workers' Comoensation and Emolover's Liability Policv:
NorGUARD Insurance Company - A Stock Company
Policy Number SUWC914328
Renewal of SUWC808393
NCCI No.[25844]
[1]
Poli
Named Insured and Mailing Address
SUNSHINE PHARMACY INC
5482 Rattlesnake Hammock
Rd
Naples, FL 34113
Federal Employer's ID 59-3518172
Information Pa e
Agency
PAYCHEX AGENCY, INC.
150 Sawgrass Drive
Rochester, NY 14620
Agency Code: NYPAYC10
Insured is Corporation
..------.--------.----.--.-.------------.------.-.---j
i [2] Policy Period !
I From March 18, 2008 to March 18, 2009,12:01 AM, standard time at the insured's mailing address. !
r~,..." "... .diU U _.......UIIIIII!UIIiIll'_ _............__________ 11I'1__ "__IIIlIlllllIMII__"'___.__.<I.I>. .......~_,.II.'" ........I_J.lll _......11II'"''''............1 _.......lIlIl&.~IIIlJ...,." MIlII'1 ""11I...."'1
I ['3]
~
I
I
I
I
!
I
~
I C. Other States Insurance - Part Three of this policy applies to all states, except any state listed in i
i item [3]A. and the states of North Dakota, Ohio, Washington, West Virginia, and Wyoming. !
! D. This policy includes these endorsements and schedules: ,i
I See Extension of Information Page - Schedule of Forms
l',,,,,.,''''''''''''''''''',..'''_''''.........,...,''''''''''''''''''''''''''''''....--..-'''''''''''''''~'''''''''''''''_~.......................,...........,''''''''''''"''.......'''''''''''''''''''''''''''~....'''''''''''''''..................___''''''''_''''..'''''""""...,.....,""""""""""""""'_:",.."::,,""''''''''',............''''.......,......,'''''''''''''''_'''''''''''''''''''"....~''''_..,,,,''''.........''''''''''''''''''''''''''''''...._
Coverage
A. Workers' Compensation Insurance - Part One of this policy applies to the Workers' Compensation
Law of the following states: Florida
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 by Accident - each accident $100,000
Bodily Injury by Disease - each employee $100,000
Bodily Injury by Disease - policy limit $500,000
1-[-4]-....P~;-;;:.ium --..-.-------.--.--------.--.----_.~--.-.....--......------------.-------.--1
i The Premium Basis and, therefore, the premium will be determined by our Manual of Rules, i
I Classifications, Rates, and Rating Plans. All required information is subject to verification and change i
! by audit. (Continued on another page) !
1......--------- ---------------------_____..J
Total Estimated Policy Premium
Total Surcharges/Assessments
Total Estimated Cost
$
$
$
10,725
o
10,725
pag e - 1 -
Information Page
we 00000lA
INTERNAL USE XX
MGA : SUWC914328
Da~ : 02/17/2008
16 South River Street - P.O. Box A-H- Wilkes-Barre, PA 18703-0020 _ www.guard.com
81/15/B9 17:13:21
GUARD 578-825-9988 -}
Pdoei6D9
Workers' Compensation and Emplover's Liability Policv
NorGUARD Insurance Company - A Stock Company
Policy Number SUWC914328
RenewalofSUWC808393
NCCI No.[25844]
239-919-54%
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Policy Information Page
Extension of Information Page
Schedule of Forms
WC 000404 - PENDING RATE CHANGE ENDORSEMENT
WC 000414 - NOTIFICATION OF CHANGE IN OWNERSHIP ENDT
WC 000406A - PREMIUM DISCOUNT ENDORSEMENT
WC 000308 - PARTNERS, OFFICERS & 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 TERR RISK INS PROG REAUTH. ACT END'T
WC 000001A - INFORMATION PAGE
WC OOOOOOA - STANDARD POLICY
WC 000419 - PREMIUM DUE DATE ENDORSEMENT
INTERNAL USE XX
MGA : SUWC914328
Date : 02/17/2008
pag e - 2 -
Information Page
we 00000lA
16 South River Street. P.O. Box A-H. Wilkes-Barre, PA 18703-0020. www.guard.com
04/14/2009 16:39 2395303750
9lLUTIOfE PAEI': L 6 0 9
Work~.J:S' Comp.,e.osation and EmP-1oye.r's LiabUjty PoJie)':
NorGUARD Insur:ance Company - A Stock Company
PolicV Number SUWC021076
R:.enewal of SUWC914328
NeCI No.[25844]
fGUA:Rl0
INSURAN(~E
. GROU'P
policy Information Page
[1]
Named Insured and Mailing Address
SUNSHINE PHARMACY INC
5482 R.attlesnake Hammock
Rd
Naples, FL 34:l13
Federal Emplloyer's 10 59.3518172
Agency
PAYCHEX AGENCY, INC.
150 Sawgrass Drive
Rochester, NY 14620
Agency Code: NYPAVC 10
Insured is Corporation
[2] Policy perioel
From March iE, 2009 to ~larch 18, 2010. 1.2:01 AM, standard time at the insured's mailing address.
[3] Coverage
A. Workers' Compensation Insuranc::e - Part One of this polley applies to the Workers' Compensation
Law of the following !;tates: 'Florida
6- Employer's Liability IFlsurance - 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:
Bo::lily Injury I)y Accident - eaCh accident $100,000
Bodily Injury 'JY Disease - each employee $100,000
Bodily Injury by Disease - policy limit $5DO,000
C. Other StClI;es Insurance - Part Three of this policy applies to all states, except any state listed in
item [3]A. and the states of North Dakota, Ohio, Washington, and Wyoming.
D. This polic~' includes these endorsements and schedules:
See Extension o~ Information Page - SChedule of Forms
[4]
Premium
The Premium Basis and, ~herefore, the premium will be determined by our Manual of Rules,
Classifications, Rates, and Rating Plans. All required information is subject to verification and change
by audit. (Continued on another page)
rTot;I-E;i;~;;d"'p;II~;";"'p';;~i~;;-'!~~~~"'.""~'~''~-'~'~I'~"'-'$~'~"~r~'~~'~'~I"I~~f":;N;:';~~"_':\'~I.?..~.~,.._.""",......~I"~".'~_(~'."~~~~~'_~"11W1~'~'~'l"~'~"-~'."""-'---l
~ Totar Surcharges! A!ISeSsmentli $ 0 . f
i~~~!,~r::.~~,:,~,~~~".~~.~f:_~..,~,~~.~",."._.~ "".~ v>".",",,,...,.~,.~,,,,,"!.," .".....',.., ...".~ .~,~,~.!3.>,."".".""~."..,.,,,-,~,.. ,..~,..,_.,....".~'",... "'''''.'~'""''''''''.'~'''-__''''''_'.'_M'V",._J
INTERNAL."U_S_E~ page ~ 1 . f .
MGA; SUWC021.076 ' rr'1 orm..tlon p<lge
D~te : 02/16/2005) we OOOOOlA
16 Soutt, River Street. P,O. Box A-H. Wilkes-Barre, PA 18703-0020. www.guard.com
04/14/2009 16:39 2395303750
SOLunm1S 16.D a · PAGE 03
Workers' Com~nsa~JJn 8!}.d EmP'loyer~
- - NorGUARD Insurance Comp.imy - A Stock Company
Policy Number SUWC021076
Renewal of SUWC914328
NCCI No.[25844]
Ji GUARI)
l' ~lf6'UC~
Policy Information Page
Extension of Information Page
Sdtedule of Fc.rm$
.. WC 000404 - PENDING RATE CHANGE ENDORSEMENT
.. WC 000414 - NOTIFICI~TION OF CHANGE IN OWNERSHIP ENDT
WC 0004061\ - PR.EMIUM DiSCOUNT ENDORSEMENT
WC 000308 ~ PARTNERS, OFFICERS & OTHERS EXCL. END.
.. we 090402 - FL EXPERIENCE RATING MOD. FACTOR ENDT.
'" we 090606. FL EMPLOYMENT AND WAGE INFO.RELEASE ENDT
WC 990008 - FL ADDENDUM
.. we 090403A - FL TERF. RISK INS PROG R.EAUTH. ACT END'T
we OOOOOtA - INFORJI.IATION PAGE
we QOOOOGA - STAND.:l,RD POLICY
.. we 00041S - PREMIU~' DUE DATE ENDORSEMENT
* As part of GUARD's ongoing commitment to environmental responsibility throughout our operations,
we hillve ChOSE!n not to rE,print 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 Policyholder Service Center (a selection available via our website at
www...guard.cClm). Pleast~ be aware that you will be asked to enter your po1iel{ number, policy
inception date, and federal ID number in order to log on to this secure portion of our site.
Alternatively, you Cilln Co ,tact us via phone at :1.-800-673-2465; our Customer Service Representatives
will either be ,~ble to help you locate a document yourself or can send a copy to you. As always, we
thank you for selecting GUARD 8S your insurer. We look forward to serving Y':Ju!
UHERNAI lIS~
MGA , SUWC021076
Date : 02/1612009
I"<lge . :<! -
tnformation page
we OOOOOlA
16 South River Stre,~t. P.O. Box A.H. Wilkes-Barre, PA 18703-0020. www.guard.com
04/14/2009 15:39
2395303750
SOLUTIONS
PAG1 it
9
59056
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ALl..:J:EO I'ttOPER'TY Ate CASUALlY INS CD
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//.'i(i';~ .......... _. ... .....-222.
...:-.ri51.2008 to CN!i/1512009 1:!:01 A.M- Standard time at the mailing address below
. fed: SUNSHINE PHARMACY INC
BUSINESS AUTO
DECLARATIONS
\.
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Agency Name:
A.gene;y Address:
5482 RATTU:SNAKE ttAlMMOCK RD
NAPLES, FL 34113-7454
ACKERMAN INS SERVIC:ES IHe
NAPLES FL 341",,2110
':.
. ~i'
-,
09 59MB 002 006
(239)597-1096
69
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Insured is a(n): CORPORATION Operating as a(n): DEUVERS PRESCRIPTION MEDICINE
In return fOr the payment of the premium. ana sUbject to a I tne te~ms of t"'is policy. we agree with you to provide th;=
in$ura...ce as stated in this pol,icy.
1'1'!M TWO . SCHEDULE OF CO'IIRAG'ES ANI) COVERED AUTOS This policy provides only those coverages where a
charge is shown in the premium column bela\\', Each of these coverages will apply only to those .autos' shown as
covered ~aul05H. . AutoS" afl~ shown as covered Hautos. for at particular coverage by the entry of Qne or more of the
s s ~ m e CO"" RED AUTO'S se!:tion of the Business Auto covera e For next to the n me t covel'a e
~RI;D A~ITO:;;
:Entry __ ",,!nO'W aftlle LIMIT
COVERAGES ,iYTntia11I lOlI'" .. c~m THE MOST WE WILL PAY FOR ANY ONE PREMIUM
~_~.:.o;:~~,::~
~,,::r:~ ACCIDE.NT OR LOSS
UP.BIUiY 7 8 9 $ 1,000,000 $ 6.102.00
PERSONAL 1NJUIW PROTeCTION 7 5eperate\y st8tt!lc:l in 8lIC/'1 P.I.P. EnClorsement $ 563.00
MEClCAI. PAVIoAENT5IEXPENSE 7 $ 5..000 S 88.00
S s
-
. UNIH~URI!:C MOTORIST 7 , $ 100..000 s 589.00
1lQOIL"I' IN.IUAY
UNQER1NSURED MOTORISTS S $
s Ii
PHySICAL DAMAGe . 1 $ ""S.OD
OOMPRB1ENSIVE COVERAGE ACTUAL cASH VALue, STATED AMOUNT IN liEU THREE:,
OR COST OF REPAIR, WHICHEVER 15 LESS MINUS THE
pHYSICAl. DAMAGE' SPECIFIE[;' DEDUCTlal..~ IN ITEM THREi FOR EACH Covl:REO $
C,AUSES OF !.CSS COVe:RAGE "AUTO". SEE ITEM FOouR FOR HIRED oR aORROWED
PHYSICAl. OAMAGE - "AUTOS",
COLLISION COVERAGE 7 S 1.519.00
TOWING AND LABOR 7 550 10r ucl'1l1111lllblenl"nt of a prlviMe p.$flSenger llIuto Ii 16.00
cARGO UA811.1TV SEE ViHIC\..E SCHEDULE S
MiSCeLlANEOUS PREMIUM $
,
.[
Estimated Basic Premium:
Estimated Surcharge(s):
Estimated Tax(es):
Estimated Total Premium:
~, 1
",'t
$ 9,972.00
$ 99.72
$
$ 10,071.72
~
:=
'i. COuntersigned By -
t Autl\arized i;!epresentativ6
8
EAS11$ .
LlCR1
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INSURED coPy
ACP BAPC"'~
9122883C1 .. OOIIITITI
04/14/2009 15:39
2395303750
SOLUTIONS
P3QIl2013
l".J'd~t:'."'" I_"'"'UV'.... ......-.....
PAGE 15
- - 6D 9
From:Tablths M Nlcat;O FsxlD:
ACORD~ CEHTIFICATE OF LIABILITY INSURANCE oP,e TN I !lATE If,lMIDDlYYV'I'l
SUR:;IS-2 Q4/14/09
PRODU(:F.R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~
ONLY AND CONFERS NO RIGtHS UPON THE CERnFICATE
AOke~ Xn~uranoe se~~OQG HOl..DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1575 P~~~ ~dge Rd. S~. ~7 .ALTER THE COVERAGE AFFORDED BY THE POLICIES BeLOW
Naples FL 34109 NAIC#
Phone: 239-S97-109E, ~a:ll: :239,.597-9560 INSURERS A.FFORD1NG COVERAGE':
INSURE() IN!';URIORA; "" Mo._~ :rix.; Ift5ur...-. c::o. 23779
1H5~IRF.R E1~
Sunshine l'h~oy :l:r,c N$VFlf.~ c:
5482 ~ttlB$~ake RaDcock ROl'.d INSURER 0:
Nap1.c51 FL ;:14113 INS~E.R":
TME POUCles 01' INSuRANCli USTEO BELOW HAW Illl.EN IssuED TO I totE INSURED N""MED ABOVE FOR lPIl;; ~OLICV PERIOD 1~':IDIC...Tm. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONCmON OF ANY CONTRACT OR OlllER COCuMENT WITH RESPECT TO WHIOH nUs OERTlFICATE. MAY BE ISSUED Of!
MAY I"EA.TAN. THE INSURAN'~E ,6,FFoImED B" iHE. POI.ICIES DESCRIElED HEREIN IS .s\JBJECTiO ALL THE TERMS, EXCI.U$ION'~ ANO CONDITIONS of SUCH
POLICIES, AOC!JREGATE LIMITS SHOWN MAY I-AVE i:lEEN l'l:EDUCEO BY PAlO ClAIMS.
lMM AO~~ poLICY NUMIiI~A "&~T~E I'W,~N UMlTtl
!.TIlINS TYPE OF INSU ~At<<:E
~~RAL LlAIlLTTY EACH OCCIJRRENCF. s2 000,000
A X ~ COMMERCIA/.. QlO~ mAl. L.IABILlTY "7-BO-858909 -3001 11/29/09 11/'),9/09 ~~s'~';"~~_ ~Q.,OOO._
f--
- e-- CLAI...!! MAO&, ~ occu~ ~"D!;'xP(~ny""o_1 $ 5 , 000
-.... -,--"- ~~INJUR~_ 1'o2,OOO.O~L
~~tOQilEGlA.TE s 4 ,000 000
GEl\. AGGfli~"'i L11v IT APPL.IEj p~: PAooucr:~ . eo~PIOP ....GQ l :2 ,000.000
X PRI). I
POLICY JE(:1 lOC
~MO~LE LIABILrTf COMBIN'CD SIN';;!.!; LIMIT J
AIoIV AUTO {E'_~"'l
- --
- Al.I. OWNF.O i\UTC'5 BOOIL.Y I~.JURV
SC~IEtlIJLEC AUT,)!; {~"'PO"'OIl) $
--
HIREO AUT05 IlOIJIL V I~,JURY
NOIH)WNEO ^UlDS (p.r oooioonl) "
- -' r_'
- PROPERTV llAMN;. "
{PO' 8..1",,01)
GAiBE UABILITY AUTO <l:>! . V . EI\ A(.CIDENT $
mY AUTO O':'H'CR TIV,1'oI ~AJ:C $
AUTOONI.Y: AClL'i $
EXCESSJUMBRELLA l.IAlllUTY F-IIOH OC.C\.IIlRF-I'oICI; $
~ OC;CUO:: LJ CLAIMS MAllIS AMROG,\TE $
~_.
~
_I tJEDUCTlIlL. s
RE'rENTION ~ S
WORKEIlS COMP!!fl$I\TlOf< AND Tn~'tlatr~ I Il>d~-
EMP~OYEA$' LIAIlLITY
NoIY pnOl>~F-TOFlIP^~ThI(H~:':EOUfIVE E.L. EPt:>1 "CCICENT $
o~~ICERIM'E""8Ef'. l'.xOLLlCEC1 E.L.. DlSEIISE-EIIEMPL.l;IYEE S
~~Edl1t~~~1oN~ ~ICN' E.L. t'lISeA!ilE. POLICY L.IMIT S
OTl'lER
A Pxoperty coverage 77-80-82890$-3001 11/29/06 11/29/09 C:ont;ents 700,000
DESCfllP'TlCN O~ QPERATlI;lNB f LOCA"ONS' VEHlI.l.ES I EX<:~UlIIIJNS ADDED IlY eIIDOIU;EMEIIIT I SPECIAL PROVI!lION'
~.~l~asa note o~rtif~c~be holde~ 18 also listed as Addi~~ona1 Insured"''''
The coverad locations ;llJ,c:_ uded. oIl.;l:e'
Sunshina NGdlcal Pharnacy 6350 Dav~s Dlv~ NaplQs FL 34104
Sunshine Solutions 5~80 ]ULt~esnake HammPck Rd Naples FL 34113
SUnsh:l..ne PharlllQc.y at Liviaqston 13020 Livinqaton Rd Ii eo Wilson Blvd S.
~
-
SHI;lUI,D ANY OF Till; ABOVE DE5CRlllED I'Ol1CIEll Ill> CANCELLED lJBFORE fIlE EXPIRATION
DATE "'H~EOf. T1tE ISSUING Itl$URER WILL ENDEAYOIl TO MAlL ~ DAYS WftITTEM
Collier count.y BQ~\rd of COWlty NancE 1'(> THE CElUIF1CATE HOlOEfl flIAMED TO THE L~. RUT FAILURE TO DO SO SMAL~
Commi.sion4!'!%s IMPOSE 1olO OB~"ON OR LljUillUTV OF ANY KIN1;I1J~ON THE INS~ER, ItS AGI!NTS OR
3301 :J!:. Tamiami 'l:3:8,:i1 REPIlES6fITATrvE',
Naples FL 34212 AUT1lORIZEtl _"esatTAfM!
ACORD 2S ~OO1i08 Br~t:.t A. Acke=ma.n
@ ACORD CORPORATION 1
coveRA.GES
CERTIFICATE t40LDEI~
CANCELLATION
16D9
T,
.iTIFICATE OF LIABILITY INSURANCE
.....: :t_VIUlCla 8lro\Ip, :tIKI .
1403 lI&C1ay ~ Ds-i...
'h1.~." 1'10 32S12
~:a50-".-8222 "'~850.894-8228
IIl8l.IItfiD
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"SURI!RS AJ'I'ORDING OOVIItAGE
1M6U1liRA: k ~3.gAA %IW ~.
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COVERAGES
TI1! POLJCllIi& Of lNallUHll LIITJIllELOWtlAV! III!EN I&Q,IIIP TO nlI 1N8UI'ED NAMI!OA8OIIIFQIII nili POLICY PEIlIOllINlllCATIiD. NDTWmI&TANOIHG
AN'i ~T, TERM OR OONOITlQN Of Nty CONTRACT OR OTHER DClCu....' WITIoI....I'1eT TO WHICH TI'tI8 CiFITIPJC.-.TI MAY IIli IBlIUEtI 011
WAY I'IRT~, '1ME 1tGUIWIC~ .flFPORDID 8'l'TI1E POLI(:IU DltCRIIED HIflElH IS lUe.lECT TO ~ THlI Tl:RMB, EXCWSlONlj A/oIg CONDiTiONS 01" auCIol
POIJIllIi., AGCIIIMATIi ~"TIIIMO'WlIN MAY ""VI alEN R8)~ IV PAlO Cl.AlU$.
'M'IlOPII"IIlAIl!!E IOQLICW"-'
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u.ATI ntellIiOl', ". IMUIIIG"'-""'" pDU._ TO..... lL- 1llI\'V'I..-rlWK
1lO'lIClII1O '111. CIIIft'IlZATIl NOlJIIiR lCMliO TO ~ ...,.. lIlT IWL\lM TO DC! 110.........
IfO CIIUIaA'nClfIO.~ 0# MY _ W'Off TIIf: -.naMlIIIft 01'
~'nWIIlS.
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16D9
IMPORTANT
If the oertifk;ate holder is an ADDITIONAl INSURED, me policy(iee) must be endorsed. A Aatement
on this Ci8rt1ficatl don not confer rights to the certificate holder in 11eu of $Uch endorwment(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain polcies may
require an endonMll'Mnt. A -.tement on this certificate does not confer rights to tI"le certifloate
holder In Iiw Of such endon5ement(s).
DISCLAIMER
This Certificate of In&Uranc8 doel!l not conatitutB a contract betwHn the iauing insurer(e). authClriud
representative or produc::er, and the QIlMtItIcate helder, nor do" it affirmatively or negatIvelY amend,
extend or lllter the coverage afforded bJ!the poli0ie8listed thet'eon.
It.CO 211 (2101101)
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SNOLLnlOS
6t'096t6
0Z:t't 600Z/0E/t'0