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#09-5227 (Executive Healthcare Solutions, LLC d/b/a Brightstar Healthcare) A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Executive Healthcare Solutions, LLC d/b/ a Brightstar Healthcare, authorized to do business in the State of Florida, whose business address is 9001 Highland Woods Boulevard, Suite 5, Bonita Springs, Florida, 34135, hereinafter called the "Vendor" 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 July 1, 2009 and shall terminate on June 30, 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal 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 Vendor and the County Contract 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 Vendor 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 as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor 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. Page 1 of7 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Executive Healthcare Solutions, LLC d/b/ a Brightstar Healthcare 9001 Highland Woods Blvd., Suite 5 Bonita Springs, FL 34135 Attention: John Botsko, Jr. Telephone: 239-992-4779 Facsimile: 239-992-4764 All Notices from the Vendor 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 Vendor 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 Vendor or to constitute the Vendor as an agent of the County. 7. 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 Vendor. 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 Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor 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 Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor 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 Page 2 of7 effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 Vendor 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 Vendor 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 thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: fA. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. ,~. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. ~ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additionalrlnsured on the Comprehensive General Liability Policy. V Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor 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. Page 3 of7 Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor 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 Vendor or anyone employed or utilized by the Vendor 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. 14. CONFLICT OF INTEREST: Vendor 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. Vendor 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: Vendor1s Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 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. 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 Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 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 Vendor 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. 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. 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 contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 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 Vendor 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 Vendor 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. Page 5 of7 IN WITNESS WHEREOF, the Vendor 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: Dwi htE;,Bfd<<lq,<;lerk of Courts "". ..., ::. ,) BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA By: t., . Dated: '1.. ::(SEAU . ./- ,~::.= ~,~(~ , , "'..':"~ By: Donna Fiala, Chairman Executive Healthcare Solutions, LLC d/b/a Bright Star Healthcare Vendor Signature / ~a~vf?-O First Witness By: 'JJ l q *",-c\. ~Le.e Y'\ 1 tType/print witness namet ~IC ~w/-+~ J> cr,uQ~ Second Witness J n0\~p--I. Chi Il:) tTypejprint witness namet Approved as to form and legal sufficiency: ~ae<<-~ , Assistant County Attorney Co/leef\ 6reen-e- Print Name Page 6 of7 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEEIUNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 70f7 Jul 06 2009 1:43PM BrightStar Healthcare 239-992-4764 p.2 ACQRD... CERTIFICATE OF LIABILITY INSURANCE Saba1 Insurance Group, Inc. B05 E Broward Boulevard, Ste 303 Port Laudercla1e, FL 33301 THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAte HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXlEND OR ALTER THE coveRAGE AFFORDED BY THE POUCIES BELOW. F'ROOOCER IN8URERSAFFORDING COVERAGE Exeoutive H.a~thoare Solutions, LLC DBA Brighbtar Hea1t:hcar6/24-'7Bzi\JMur 9001 Hiqh1and Woods Blvd, Suite #S Bonita Springe, I'L 34135 INSURER A' INSURER B: INSURER C; INSURER 0: INSURER E: COVERAGES THE POLICIES OF I~ USTEDElElOWHAVE BEEN ISSUED TO THE INSURED NAMED AIlO\/E FOR THE POUCY PERIOD INDICATED. NOTWTHSTANOING Al<V REClJIREMENT. TERl! OR CONDrTlON OF AllY CONTRACT OR OTHER DOCUMENT VolTH RESPECT TO IM-IICH THIS CERTIFICATe MAY BE ISSUED OR MAY PERTAI". 1l1EIN5VRANCE AFFORCED BY THE POUCIESDeSCRIBED HEREIN ISSUBJECT TO ALL THETEFlIoAS, I!)(CLUSIONS AND CONDITIONS OF SlJCH POLICIES. AGGREGATE UNlTS SHOV\N MAY HAIlE BEEN REDUCED B'f PAID CUIIAS. I'::';; r= TYPE OF .....J RANCE POLICY NUMBER T1VE TION LIMITS D GENERAL UASILITY EfooCH OCCURRENCE $ 1 nnnnnn - .x. COMM ERCIA L GENERAL LIASILITY PREMl6E.s EtI ~J S Innn nnn _ :xJ C1.AIMSMADE D OCCUR M ED EXP (N'I on'!*'Ion) S ~n .OOt) A X Prof.8.~ona1~lab VHRG 3051715-03 07/01/09 07/01/10 PER80N.'".L &. AOVINJ~V S Innn nnn y RAtro Dat.* *06/01/06 GENERAL. ^G~!GATE , ~ .Rnnnon GeN'\. AGC3REGATe UMIT APPUE1lPER PRODUCTS - COMPIOP AGG S ":I nnn nnn -I roUCY n ~~ II LOG 1l!~ 1=l.n #t~,i:o nnn AUTO"'OIlILE UAI3IL1TY COI.lBlNEO SINGLe LIMIT - lEa acCi~ $ 1,000,000 - AN'fAUTO ALL01MlEO AUTOS IlODILY Ii'lJURv - (Per penal) $ SCHEDULED AUTOS A :i HIRED AUTOS VHHG 3051715-03 07/01/09 07/01/10 SODIL.V li'lJURY $ .x. NON-O'MlED AUTOS (P... oecldenl) PROI'ERTY DAMAGE $ ~Per oecldonC) GARAGE UA81UTY AUTO ONLY, El'\ACCIDENT S =J ANYAUTO OTHER THAN EAACG $ AUTO ONLY: AGG , I!XCI;llSNMBRaLA LIAIlIUTY EACH OCCURRENCE , :JOCClJR [] CLAlMSMAOE AGGREGo'oTE $ $ R DEDUCTIBLE $ RETeNTION $ $ \/lQ"'KER5 COIolPENSATION AIlD X ITORYLMTS livER' EMPLOYERS" UABIUTY E,L EACH ACCIDEIfT' $ 1nO,00n AN'( 1IIAOPRIET0000ARtNEf.ttEXECUTIVE B OFFlCE'fWlIEMIER EXCLUDEC1 CPW002528 01/0/09 01/01/10 E,L DlSEASE- EAe~OVEE $ 1nn nnn Ityee,..._...... E,L OISEASI!!. POUCYUMlT $ !;OQ .ann SProAL PROVI5IONS lItO.... OTHER C Crime Bond LFMOO02970 07/01/09 07/01/10 $25,000 Limit DESCRIPTION OF OPERATlONS I LOCATIONS IveHlCI.ES IEXC"USlONS ADDED BveNDORseMENT ISPECIAL.PROV'SIONS Certificate Holder is named additional insured in respect to General Liability CERTIFICATE HOLDER CANCELLATION Collier County Government 3301 Tami.1IDi Trail, East Naples, FL 34112 SHOULD ANY OF THE AeOVEDESCRI9EO POLICIES BE CANCEu.ED BSFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAl" 30 DAYS 'hR!TT1;N NOTICE TO THE CERTIFICATE HOLDER NMIED TO THE LEFT, BUT FAILURE TO DO so SHML IMPOSE NO OBLIGATION OR LIABlLITV OF ANY I<lND UPON THe INSURER. rTS AGENTS OR I'lEPRESENTATlVe;s AUTI-IORIz!;D REPRESENTATIVE; C> ACORD CORPORATION 1988 ACORD2I (2001Xl81 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (UMlDDIYYYY) TM. 05.12812009 PROOUCER Phone: (847) 82~ Fu: (847) 623-5600 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WESrSINSURANCEAGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1733 W WASHINGTON STREET ~?;;>;R. THIS CERTIFICATE DOES ~~T AMEND, ~?,~ WAUKEGAN IL 60085 INSURERS AFFORDING COVERAGE NAlC.. INSURED INSURER A: Insurance Co of the State of PA ,.." ...1.., EXECUTIVE HEAL THCARE SOLUTIONS LLC INSURER B: ~ DBA BRlGHTSTAR HEAL THCARE INSURER C: 9001 HIGHLAND WOODS BLVD, STE 5 BONITA SPRINGS FL 34135 INSURER 0: INSURER E: COVERAGES rt THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING At<< REQUIREMENT. TERM OR CONDITION OF At<< CONTRACT OR OTHER DOCUMENT WTH RESPECT TOWHICH THIS CERTIACATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOI/IN MAY HAVE BEEN REDUCED BY PAID ClAIMS. INSR = TYPE OF INSURANCE POUCY NUMBER ~~~ ~~~ LIMITS LtR ~ERAL LIABILITY EACH OCCURRENCE $ - COMMERCIAl GENERAl LIABILITY ~~.:=...., $ ,-- :=J ClAIMS MADE 0 OCCUR MED. EXP (Any one person) $ f-- PERSONAL & ADV IN.JURY $ GENERAL AGGREGATE $ ~N'lAGGREGATE LIMIT APPLIES PER: PROOUCT5-COMPIOP AGG. $ "I nPRO. n! POLICY JECT LOC ~OMOBlLE LIABILITY COMBINED SINGLE LIMIT At<< AUTO (E. lICdctenl) $ - ALL OWNED AUTOS BODILY INJURY - (Per person) $ - SCHEDULED AUTOS HIRED AUTOS BODILY INJURY - (Per IICCldent) $ - NON-OWNED AUTOS - !we~~ $ GARAGE LlABIUTY AUTO ONLY. EA ACCIDENT $ ~ At<< AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ 5CESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 ClAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ 02101/10 I~STATU- 1 I OTHER WORKERS COMPENSATION AND WC006783007 02101/09 TORY UNlT8 EMPLOYERS' UABlUTY E.L. EACH ACCIDENT $ 500,000 A AI<< PlIOl'RlETOIIIPAIlTIWIIt!XECUTI OFFlCEMIEMlIEIt UCLUDED7 E.L DlSEASE-EA EMPLOYEE $ 500,000 ----- E.L DlSEASE-POlICY LIMIT $ 500,000 lIPEClAL r_OHS...1ow OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS CERTIFICATE HOLDER Collier County Board of County Commissioners Naples, Florida CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POlICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WLLENOEAVORTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAIlURE TO 00 so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AN'( KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIveS. AUTHORIZED REPRESENTATIVE ~ ACORD 25 (2001108) Certificate # 8903 Brent es C> ACORD CORPORATION 1988 Attention: ISSUED BY THE STOCK IrJSURA'\JCE COMPANY HEREIN CAllED THE COfllPANY AGENT NUMBER POLICY NUWBER THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 13889 0026814-00 we 006-78-300 -------------------------------------- 013-82-020g-oC . . ~~,CUTIVE HEALTHCARE SOLUTIONS. LLC DBA (SEE WC990013 FOR COMPLETE NAME) 9001 HIGRLAND WOODS BLVD SUITE 5 BON ITA SPRI NGS. FL 34135-0000 ~ra Member Companies of ,.IL ., American Intemational Group EXECUTIVE OFFICES: 70 PINE STREET, NEW VORK, N.V. 10270 SEE EXTENSION OF ITEM 1. OF THE INFORMATION PAGE - WC990610 1.0# PRODUCEHS t,AME ~ND ADDRESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INFORMATION PAGE SMITH BELL & THOMPSON INC. 40 MA I N STREET SUITE 500 INSURED IS PREVIOUS POLICY NUMBER LIMITED LIABILITY COMPANY NEW OTHER WORKPLACES NOT SHOWN ABOVE: SEE EXTENSION OF ITEM 1. OF THE INFORMAnON PAGE - WC990610 ITEM 2 POLICY PERIOD 12:01 A.M. standard 11me stthe Insured" mailing add_ ITEM 3 FROM 02/01/09 TO 02/01/10 A. Worker. Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: FL B. Employers Uablllty Insurance: Part Two of the policy applies to the work In each state listed In Item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident S 1500.000 each accldent Bodily Injury by Disease S 'i00. 000 policy limit Bodily Injury by Disease S 'i00. 000 each employee C. Other States Insurance: Part Three of the policy applies to the states, If any. listed here: AK AL AR AZ CO CT DC DE GA HilA lOlL IN KS KY LA MA MD ME MI HN MO MS KT NC NE NH NJ NM NV NY OK OR PA RI SC SO TN TX UT VA VT WI WV D. This polley Includes these SEE EXTENSION OF ITEM 3.D. OF THE INFORMATION PAGE - WC990612 ITEM 4 The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All Information required below Is subject to verification and change by audit. Classlfic.tlons Cod. Number 3 Vear flate Per $100 OF R. muneratlon 3"t SEE EXTENSION OF ITEM 4. OF THE INFORMATION PAGE - WC7754 EXPENSE CONSTANT (EXCEPT WHERE APPLICABLE BY STATE) MINIMUM PREMIUM S 383 F L If Indlc.ted below. Interim .dju.t....nts 01 premium Mell b. m.d.: o Seml-Annu.lly . 200 F L TOTAL ESTIMATED PREMIUM S 13. Oe 02/16/09 PARSIPPANY . Monthly DEPOSIT PREMIUM 82 we 00 00 Issue Oate 39967 (Rev'd 04/08) Issuing Office INSURED'S COPY ITEM NO.: . ,[1- L'r fl1, E);:.-RE~EIVED: --- 1\-" \.'1 - ln' (\rd 1~ r....' , ,...:.._ 4-. \ A\.j, : 'I' , I,' IJr:J~ Ir"\i . ", I ,'. II \ I:, I FILE NO.: ROUTED TO: 'i" '. .:.. ~ ~';j DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 25, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #09-5227 "Services for Seniors" Contractor: Executive Healthcare Solutions, LLC d/b/a Brightstar Healthcare BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agend Item 16.E.10 This item has not been previously submitted. Contract review and approval. J.~.O~ CrYl G- rl~.dD~ ACTION REQUESTED: 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, Housing & Human Services RLS # or-/~t!..- /) J .:111'1 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: E Xf('urlv€"" ffell-L ,IU!A.e.'i. SOL Lt "t"IVS, t.t.(! d/; {It. BIC.I"#T.srA~ HtAL-rHC!Atf!.E Entity name correct on contract? Entity registered with FL Sec. of State? 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 $ l"Vv\l L- Products/CompI/Op Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ l ~t L- Workers Compensation Each accident Required $ $rl\r. I-.!fI.{IT5. Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Q ~_\M~ ../' Yes ~Yes Yes ~Yes .3 MIL t ( MIL II Provided $ Provided $ Provided $ Provided $ Provided $ p Provided $ r M..l L Provided $ .100) Df) () Provided $ S"oc?, OIl? Provided $5110', dDO , Exp Date Exp Date Yes Provided $ Provided $ Required $ V'Yes ~Yes No No No No v" No No Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date Exp Date f] It '''1 Exp Date~1 ( I/o Exp Date I / , Exp Date I , No Exp. Date Exp. Date Provided $ z.s; ~o Exp Date ~q County required to be named as additional insured? /Yes No County named as additional insured? ~Yes - No Indemnification Does indemnification meet County standards? -L- Yes - No Is County indemnifying other party? Yes ~No Performance Bond Bond requirement referenced in contract? Yes No Ifattached, expiration date of bond Does dollar amount match contract? Yes No Agent registered in Florida? - Yes No Signature Blocks Correct executor name in signature block? --1L.. Y es - No Correct title of executor? ~Yes No Executor authorized to sign for entity? ~Yes No Proper number of witnesses/notary? Yes ~o Authorization for executor to sign, if necessary: Chairman's signature block? ~Yes - No Clerk's attestation signature block? ~Yes No County Attorney's signature block? ~Yes No Attachments V'Yes Are all required attachments included? MEMORANDUM FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department ~ .Y }L/ 1< TO: Ray Carter Risk Management Department DATE: June 25, 2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Executive Healthcare Solutions, LLC d/b/a Brightstar Healthcare This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 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. C: Terri Daniels, Housing & Human Services RECE\VED JUN 2 6 2009 NT RISK MANAG ' dod/LMW ~rtr &2?}lcJ~ mausen_g From: Sent: To: Cc: Subject: RaymondCarter Monday, June 29, 2009 1:17 PM LynWood; DeLeonDiana DanielsTerri; mausen_g Contract 09-5227 "Services for Seniors" All, I have reviewed and approved the certificate(s) for the following vendors under contract 09-5227: 1. Arcadia Health services, Inc. d/b/a Arcadia Health Care 2. Executive Healthcare Solutions, LLC d/b/a Brightstar Healthcare 3. Eleven Ash, Inc. d/b/a Health Force The contract s will now be forwarded to the county attorney's office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 www.sunbiz.org - Department of State Page I of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search Submit I No Events No Name History Detail by Entity Name Florida Limited Liability Company EXECUTIVE HEAL THCARE SOLUTIONS, LLC Filing Information Document Number L06000013155 FEI/EIN Number 204870885 Date Filed 02/06/2006 State FL Status ACTIVE Effective Date 02/06/2006 Principal Address 9001 HIGHLAND WOODS BLVD SUITE # 5 BONITA SPRINGS FL 34135 US Changed 04/14/2009 Mailing Address 9001 HIGHLAND WOODS BLVD SUITE # 5 BONITA SPRINGS FL 34135 US Changed 04/14/2009 Registered Agent Name & Address BOTSKO, JOHN JR. 9001 HIGHLAND WOODS BLVD, SUITE 5 BONITA SPRINGS FL 34135 US Address Changed: 09/03/2008 Manager/Member Detail Name & Address Title MGR BOTSKO, JOHN JR. 9001 HIGHLAND WOODS BLVD, SUITE 5 BONITA SPRINGS FL 34135 Title MGR BOTSKO, MARLA J 9001 HIGHLAND WOODS BLVD BONITA SPRINGS FL 34135 US Annual Reports http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=L060000 131... 6/25/2009 www.sunbiz.org - Department of State Page 2 of2 Report Year Filed Date 2007 OS/22/2007 2008 09/03/2008 2009 04/14/2009 Document Images Q411412QQ9=ANNLJAL,RI;,PORT Q9L0312QQ$..=="f',1'-l.NJJAloEEPORT QEil2212QQ7 =ANNLJAl,.REPORT Q2/Q()12QQ()=EIQrida Limited Liability Note: This is not official record. 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