Agenda 02/24/2015 Item #16E2 2/24/2015 16.E.2.
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EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Assumption
Agreement with Mother's Pharmacy, Inc. as it relates to Contract #14-6248 "Pharmacy
Services"
OBJECTIVE: To complete the assignment of the agreement from the original party, Woolley's
Pharmacy, Inc. ("Woolley's"), to Mother's Pharmacy, Inc., as it relates to Contract #14-6248
"Pharmacy Services."
CONSIDERATION: The proposed Assumption Agreement assigns all rights, duties, benefits,
and obligations of the Contractor under Contract #14-6248 "Pharmacy Services" dated
October 28, 2014 (Agenda Item 16.D.7). The Community and Human Services Department
utilizes the services provided under this contract.
Mother's Pharmacy, Inc. closed on the acquisition of Woolley's Pharmacy, Inc. on October 30,
2014. County staff was notified on December 4, 2014 of the asset purchase and subsequent
name change. Following the Procurement Administration Procedures, staff has acquired the
necessary documents from Mother's which have been reviewed and approved by the County
Attorney's office. The Procurement Services Department is recommending approval of the
assumption of this agreement by the new firm.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed and approved this item as
to form and legality. Majority support of the Board is required for approval - JAK
RECOMMENDATION: That the Board of County Commissioners acknowledges and
approves the assumption as it relates to Contract #14-6248 "Pharmacy Services" and authorizes
the Chairman to sign the proposed Assumption Agreement.
PREPARED BY: Diana De Leon,CPPB, Contracts Technician,Procurement Services Dept.
Attachments: 1)Proposed Assumption Agreement
2)Exhibit A-Contract 14-6248
3)Bill of Sale
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[15-PRC-02839/1152365/1]
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2/24/2015 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.2.
Item Summary: Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement with Mother's Pharmacy, Inc. as it relates to Contract#14-6248
"Pharmacy Services"
Meeting Date: 2/24/2015
Prepared By
Name: DeLeonDiana
Title: Contracts Technician,Purchasing&General Services
2/12/2015 9:37:05 AM
Approved By
Name: pochopinpat
Title:Administrative Assistant, Administrative Services Department
Date: 2/12/2015 9:55:28 AM
Name: HerreraSandra
Title: Manager-Procurement,Purchasing&General Services
Date: 2/12/2015 12:12:32 PM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 2/12/2015 1:15:10 PM
Name: DeLeonDiana
Title: Contracts Technician,Purchasing&General Services
Date: 2/12/2015 1:28:52 PM
Name: PriceLen
Title: Administrator-Administrative Services, Administrative Services Department
Date: 2/13/2015 10:42:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/13/2015 11:05:36 AM
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2/24/2015 16.E.2.
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/13/2015 11:09:05 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/17/2015 10:12:57 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2015 10:25:32 AM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 2/17/2015 11:55:05 AM
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2/24/2015 16.E.2.
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of
2015, by and between Mother's Pharmacy, Inc. ("Mother's") and Collier County, a political
subdivision of the State of Florida ("County").
WHEREAS, on October 28, 2014 (Agenda Item 16.D.7), the County awarded a contract
under Invitation to Bid (ITB) #14-6248 `=Pharmacy Services" to Woolley's Pharmacy, Inc.
("Woolley's"), attached hereto as "Exhibit A", and hereinafter referred to as"Agreement"; and
WHEREAS, Woolley's hereby represents to Collier County that by virtue of an asset
purchase agreement Mother's is the successor in interest to Woolley's in relation to the
Agreement; and
WHEREAS, the parties wish to formalize Mother's assumption of rights and obligations
under the Agreement effective as of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. Mother's accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under the Agreement, including all existing and future obligations to pay and perform
under the Agreement.
2. Mother's will promptly deliver to County evidence of insurance consistent with
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the Agreement.
3. Further supplements to, or modifications of, the Agreement shall be approved in
writing by both parties.
4. Notice required under the Agreement to be sent to Contractor shall be directed to:
CONTRACTOR:
Mother's Pharmacy, Inc.
6350 Davis Blvd., Unit 1002
Naples, FL 34104
Phone: 239-732-7993; Fax: 239-732-7996
Email: Bernie @MothersRX.com
Attention: Bernard T. Renner
5. The County hereby consents to Mother's assumption of the Agreement in order to
continue the services provided under Contract #14-6248 by virtue of the asset purchase. No
waivers of performance or extensions of time to perform are granted or authorized. The County
�-� will treat Mother's as the Contractor for all purposes under the Agreement.
1,15-PRC-02839/1 152366/1] 1
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2/24/2015 16.E.2.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
COLLIER COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Tim Nance, Chairman
CONTRACTOR:
Mother's Pharmacy, Inc.
BY: Attest: '
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Print Name--Title Type/print name
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Approvedl s - and legality:
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Atorney
I15-PRC-02839!1152366.!1] 2
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2/24/2015 16.E.2.
AG REEMENT14-6248
for
Pharmacy Services
THIS AGREEMENT, made and entered into on this day of t o 6e-r" 2014, by and
between Woolley's Pharmacy, Inc., authorized to do business in the State of Florida,whose business
address is 6350 Davis Blvd., Naples, Florida 34104, (the "Contractor") and Collier County, a political
subdivision of the State of Florida,(the"County"):
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence on Date of Board award.
2. CONTRACT TERM. The Contract shall be for a two (2) year period, commencing on date of
Board award and terminating two (years) from that date. 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 one(1)additional two(2)year period.The County
shall give the Contractor written notice of the County's intention to renew the Agreement
term not less than ten(10) days prior to the end of the Agreement term then in effect.
The County Manager, or his designee,may,at his discretion,extend the Agreement under all
of the terms and conditions contained in this Agreement for up to ninety (90) days. The
.-� County Manager, or his designee, 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.
3. STATEMENT OF WORK. The Contractor shall provide Pharmacy Services as provided in
Exhibit A- "Scope of Work," which is hereby incorporated by reference, in accordance with
the terms and conditions of ITB#14-6248 and the Contractor's proposal referred to herein and
made an integral part of this Agreement. County residents utilizing this contract may acquire
services from either awarded Pharmacy based on convenience to their health care facility and
residence.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project or Contract Manager or his designee, in compliance with the County Purchasing
Ordinance and Purchasing Procedures in effect at the time such services are authorized.
4. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement as set forth in Exhibit B "Cost Schedule",attached to and made an integral part of
this Agreement. Any item that is not included in Exhibit B"Cost Schedule" as of the effective
date of this Agreement,hereinafter"Unlisted Items",shall be available for purchase when it is
added to an updated list by the Contractor,and provided to the County.The Contractor may
add any Unlisted Items in order to accommodate future purchases by the County. When an
Unlisted Item is added to an updated list, the pricing shall be in accordance with the terms of
this Agreement.
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Any County agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
Payment will be made upon receipt of a proper invoice and upon approval by the Project
Manager or designee,and in compliance with Chapter 218,Fla.Stats.,otherwise known as the
"Local Government Prompt Payment Act".
4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
4.2 The Average Wholesale Price(AWP) list will be provided with itemized invoice by the
Contractor on a monthly basis.
4.3 Maximum Allowable Cost (MAC) List. If at any time after the award of this contract,
the cost of the listed generic drugs have increased and exceeded the fixed price listed
in Exhibit B-1, the Contractor may submit in writing, along with back-up
documentation, a request for an increase or removal of item(s) from the list (MAC).
The County's Project Manager,or designee,will determine if a request for cost increase
is acceptable. If price increase is accepted, the item will then be invoiced per the
Average Wholesale Price(AWP)markup as provided in Exhibit B-1,attached hereto.
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.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the
payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of
Exemption#85-8015966531C-2.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or faxed to the Contractor at the following Address:
Woolley's Pharmacy,Inc.
6350 Davis Blvd.
Naples,FL 34104
Attention:Matthew Cammuso
Telephone:239-775-9908
Facsimile:239-775-2094
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail,East
Naples,Florida 34112
Attention:Joanne Markiewicz,Director,Procurement Services
Telephone: 239-252-8907
Facsimile: 239-252-6480
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The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor.The County
will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
shall comply with all rules,regulations and laws of Collier County,the State of Florida,or
the U.S.Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
9. NO IMPROPER USE. The Contractor will not use,nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor or
if the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper,the County shall have the right to suspend the
contract of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement for cause; further the County may terminate this Agreement for
convenience with a ten (10) day written notice. The County shall be sole judge of non-
performance.
In the event that the County terminates this Agreement,Contractor's recovery against the
County shall be limited to that portion of the Contract Amount earned through the date of
termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on
portions of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race,sex,color,creed or national origin. ax,
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12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors;Products and Completed Operations and Contractual Liability.
Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage must
include Employers'Liability with a minimum limit of$500,000 for each accident.
C. Professional Liability: Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000
each claim and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate Holder
and included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County ten(10) days prior to any expiration date.
Coverage afforded under the policies will not be canceled or allowed to expire until the
greater of: ten (10) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Consultant from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors/Consultants comply with the same
insurance requirements as the awarded firm.
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, whether resulting from any claimed breach of this
Agreement by Contractor,any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or
anyone employed or utilized by the Contractor in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
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13.1 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify,and the duty to defend exists regardless of any ultimate liability of the
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Contractor, County and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided
to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will
survive the expiration or earlier termination of this Agreement until it is determined by
final judgment that an action against the County or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Department of Housing, Human and Veteran Services/Social Services
Program.
15. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A - "Scope of Work," Exhibit B - "Cost Proposal," Exhibit C -
"Supplemental General Grant Terms and Conditions," and Insurance Certificate(s).
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, 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, as amended, 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 agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation,workers' compensation, equal employment and safety (including,but
not limited to,the Trench Safety Act,Chapter 553,Florida Statutes),and the Florida Public
Records Law Chapter 119 (including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify the County in writing. 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.
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20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in accordance with the Purchasing Ordinance and Purchasing Procedures
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties,the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution,and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102,Fla.Stat.
23. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
24. CONTRACT STAFFING. The Contractor's personnel and management to be utilized for
this project shall be knowledgeable in their areas of expertise. The County reserves the
right to perform investigations as may be deemed necessary to ensure that competent
persons will be utilized in the performance of the contract.The Contractor shall assign as
many people as necessary to complete the required services on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet the required
service delivery dates.
25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents,the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental Conditions
shall take precedence over the Agreement. To the extent any conflict in the terms of the
Contract Documents cannot be resolved by application of the Supplemental Conditions,if
any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
26. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement or any part herein, without the County's consent, shall be void. If
Contractor does,with approval,assign this Agreement or any part thereof,it shall require
that its assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
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IN WITNESS WHEREOF,the parties hereto,have each, respectively,by an authorized
16.E.2.
person or agent,have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwight E. Brock,Clerk of Courts
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By: ' ' =1: • ! .-
Torn Henning, irman
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2/24/2015 16.E.2.
14-6248"Pharmacy Services"
EXHIBIT A
"SCOPE OF WORK"
1. Each of the Contracted 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 must be able to fill outpatient prescriptions as needed each day for the
duration of the contract within the normal work hours of 8:30 am to 5:00 pm,M-F.
3. 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, Human and Veteran Services Department/Social Services
Program will be responsible for the pick-up and delivery of any such prescriptions.
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 designated email
address at least monthly per Clerk of Court's Finance standards. Such electronic data
transfer capability shall be operational at contract start-up and the first billing shall be
forthcoming within four(4)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. 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.
7. Under the Health Insurance Portability and Accountability Act (HIPAA) of 1996,
Contractor is expected to adhere to the same standards as the County and other HIPAA
covered entities regarding the protection and non- authorized disclosure of Protected
Health Information (PHI). The Contractor shall use File Transfer Protocol (FTP), or other
HIPAA compliant compatible programs to transfer encrypted client information
(automatically) to pharmacy database at least twice daily, without breaking security; full
file transfer shall be done weekly.Contractor must comply with HIPAA 834 file format.
8. It is highly desirable that the Contract Manager be a pharmacist.
9. The Contractor shall identify rebates that are forthcoming and any savings realized from
manufacturer's rebates shall be credit against the County's monthly invoice.
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10. Payments shall be made in accordance with the Local Government Prompt Payment Act
from a joint revolving account for the payment of services provided.
11. The Contractor shall fill all medications to patients for self-administration in accordance
with all applicable Federal,State and Local laws.
12. The Contractor shall update and make readily retrievable at any 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.
13. The Contractor shall provide monthly Utilization and Administrative reports including
number of prescriptions filled, covered individuals, utilizing individuals including
physician dispensing profiles and other reports.
14. The Contractor must immediately advise the County whenever abuse, drug seeking or
fraudulent behavior is suspected.
15. The Contractor shall provide 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.
16. 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.
17. 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, Human and Veteran
Services Department.
18. 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
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
19. The contractor shall maintain all outpatient drug profiles on a computerized dispersing
system.Each outpatient drug profile must include:
a. Patient Name
b. Address/ 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
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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's Identification Number assigned by HHVS
b. Control #
c. Medication name
d. Strength
e. Quantity
f. Date Filled(MM/DD/YY)
g. Generic
h. Retail Price
i. Cost
j. Total Price Due
0.."/
3 C�
Packet Page-596-
2/24/2015 16.E.2.
14-6248"Pharmacy Services"
EXHIBIT B
"COST SCHEDULE"
1. The following generic drugs will be offered at $4.00 per 30 day dose (See attached list
following this page,as Exhibit B-1).
2. All Drugs not listed on Exhibit B-1 shall be priced according to the following formulas based
on McKesson Average Wholesale Price(AWP):
Brand Name Medications: AWP minus 7.5% (-7.5%)
Generic Medication: AWP minus 12.5% (-12.5%)
B-1
Packet Page -597-
2/24/2015 16.E.2.
EXHIBIT B-1
•
Retail rescription Procram Drug List Revised 9/5!2014 .-�
Lni
'r'cc, .ire Y :,,t2 t v e;s I It.iitn Cate;JO.v Cf ,t is .. :.1,yrie i. L';i J .t,:
•0sr$4 prc xripoons have nds'r34 •Mole•(fard,bI optiwte(u,rrlc•ri •Lisy Pi s.rief y'.di tan,at I e,;iil■-d right kr y:xu home,
out customers over$3 billion rher-knut:ourix• no trotter rvhere you rv>
•S9t inastelae tot 3+)tablets y
•The piogramis available,TO .R,vdyRran1+A,v.SC;id ,.a .-..a.+chq;pnsy
everyone,nomemb rship fry=; Yri isaciewee:1 your
equired •is rid oUt mote:at
resu:pttnn s;e•:tcy Walmart.eom/pharmacy
•kilo he idi yaw prescril!irsi is
drill save time
:14,30-day s10,90-day 14,30-clay $10;9o-day',
Allergies&Cold and Flu Arthritis&Pain
Benzonatate 100mg cap 14 42 Allopurinol 100mg tab 30 90
Loratadine 10mg tab 30 90 Aliopurinol300mg tab 30 90
Promethazine DM syrup 120m1. .360m1 Baclofen 10mg tab" 30 . . 90
Cyclobenzaprine 5mg tab 30 . 90
Antibiotic Treatments Cyclobenzaprine 10mg tab 30 . 90
Amoxicillin 125mg/Sm1 susp(80m1 bottle)+ 1 3 Dexamethasone 0.5mg tab 30 90
Amoxicillin 125mg/5m!susp(100m1 bottle)* 1 3 Dexamethasone 0.75mg tab 12 36
Amoxicillin 125mg/Sm!susp(150m1 bottle)+ 1 . . . 3 Dexamethasone 4mg tab 6 18
Amoxicillin 200mg/5m!susp(50m1 bottle)t 1 3 Diclofenac DR 75mg tab' 60 180
Amoxicillin 200mg/Sm1 susp'(75mI bottle)+ 1 3 Ibuprofen 100mg/5m!susp' 120m1. . . .360m1
Amoxicillin 200mg/Sm!susp"(100m1 bottle)+ 1 3 Ibuprofen 400mg tab 90 .270
Amoxicillin 250mg/5m1 susp(80m1 bottle)+ 1 3 Ibuprofen 600mg tab* 60 .180
Amoxicillin 250mg/5m!susp(100m1 bottle)' 1 3 Ibuprofen 800mg tab 30 90
Amoxicillin 250mg/5m1 susp(150m)bottle)+ 1 . . . 3 Indomethacin 25mg cap* 60 180
Amoxicillin 400mg/5m1 susp(50m1 bottle)' 1 3 Meloxicam 7.5mg tab 30 . 90
Amoxicillin 400mg/5m!susp'(75mI bottle)t 1 3 Meloxicam 15mg tab 30 90
Amoxicillin 400mg/5m1 susp'(100m!bottle)+ 1 3 Naproxen 375mg tab' 60 180
Amoxicillin 250mg cap 30 90 Naproxen 500mg tab* 60 180
Amoxicillin 500mg cap 30 90
Cephalexin 250mg cap 28 84 Asthma
Cephalexin 500mg cap 30 90 Albuterol 2mg tab 90 , .270
Ciprofloxacin 250rng tab 14 42 Albuterol 4mg tab 60 . . .180
Ciprofloxacin 500mg tab 20 60 Albuterol 2mg/Sm!syrup 120m1. . . .360m1
Penicillin VK 250mg tab 28 84 Albuterol 0.083%nebulizer soin' (25x3mi vials)+ • .1 3
Penicillin VK 125mg/5m1 susp(100m!bottle)+ 1 . 3 59130-day
Penicillin VK t 25mg/5ml susp(200m!bottler 1 3 l Albuterol 05%:nebulizersoln";(20ml bottle)+ . . . 1
Penicillin VK 250mg/5m1 susp(100m!bottle)+ 1 3 1pratropium 0.02%nebulizer sole'(25x25mi vials)' .1 3
SMZ TMP 400mg-80mg tab 28 84
SMZ-TMP DS 800mg-160mg tab 20 60
Prescription Program includes up to a 30-day supply for$4 and a 90-day supply for$10 of some covered generic drugs at commonly prescribed dosages.Higher dosages cost more.Prces for some
drugs covered by the Prescription Program may be higher and may vary In some states.Restrictions apply.See Program Details or your Walmart Pharmacist for details.Free language assistance
services available for prescription drug Information at Walmart and Sam's Club pharmacies in New Yon,.Contact your Walmart or Sam's Club pharmacy for details.
.Prices may be higher in CA,HI.MN,MT,PA,TN and WI.
Revised 9/5/2014
"Home Delivery Service is not available through SamsClub.corrt
r Prepackaged drugs are covered only In unit sizes specified on Drug List.See Program Details or your Walmart Pharmacist for details.
ea/./ .
Walmart`I"
02014 Wal-Mart Stores,Inc.1 Page 1of5 .0,, Siili
s....u..y.Ulm irna•, •
Packet Page -598-
2/24/2015 16.E.2.
'4,30-day '10,90-day '4,30-day '10,90-day
Cholesterol Ranitidine 300mg tab 30 90
Lovastatln 10mg tab 30 90
Lovastatin 20mg tab* 30 90 Glaucoma&Eye Care
Atropine Sulfate 1%op.soin*(5m1 bottle)+ 1 3
Diabetes Erythromycin op.ointment(3.5gm tube)'* 1 . . . 3
Gtimepiride 1 mg tab 30 90 Gentak 03%op.soin 5 15
Gtimepiride 2mg tab 30 90 Gentamicin 0.3%op.soin(5m1 bottle)* 1 3
Glimepiride 4mg tab 30 90 Levobunolol 0.5%op soin(5m1 bottle)' 1 3
Glipizide 5mg tab 30 90 Neomycin/Polymyxin/Dexamethasone
Glipizide 10mg tab* 60 180 0.1%op.ointment*(3.5gm tube)* . . 1 • 3
Glyburide 2.5mg tab 30 90 Neomycln/Poiymyxin/Dexamethasone
Glyburide 5mg tab(blue) 30 90 0.1%op.susp*(5m1 bottle)' 1 3
Glyburide 5mg tab(green) 30 90 Pilocarpine 1%op.soin*(15ml bottle)' 1 3 •
Glyburide,micronized 3mg tab 30 90 Pilocarpine 2%op.soin*(15m1 bottle)' 1 3
Glyburide,micronized 6mg tab 30 90 Polymyxin Sulfate/TMP op.soin*(10m1 bottle)}. . . . 1. . . . . . . 3
Metformin 500mg tab 60 180 Sulfacet Sodium 10%op.soin*(15m1 bottle)* 1 3
Metformin 850mg tab 60 180 Timolot Maleate 0.25%op.soin(Sml bottle)' 1 3
Metformin 1000mg tab* 60 180 Timolai Maleate 05%op soln(5m1 bottle)* 1 3
Metformin 500mg ER tab* 60 180 Tobramycin 0.3%op.soin(5mi bottler 1 3
Ear Health Heart Health&Blood Pressure
Antipyrine/Benzocaine otic*(15m1 bottle)' 1 3 Atenolol-Chiorthalidone 100mg 30 90
Atenolol 25mg tab 30 90
Fungal Infections Atenolol 50mg tab . . . .30 90
Fluconazole 150mg tab 1 3 Atenolol 100mg tab 30 90
Nystatin cream*(15gm tube)' 1 3
Benazepril 5mg tab 30 90
Nystatin cream*(30gm tube)* 1 3
Benazepril 10mg tab 30 90
Terbinafine 250mg tab" 30 90.
Benazepril 20mg tab 30 . . , 90
Benazepril 40mg tab 30 90
Gastrointestinal Health Bisoproloi-HCTZ 2.5mg-6.25mg tab 30 90
Cimetidine 800mg tab* 30 90 Bisoprolol-HCTZ 5mg-6.25mg tab 30 90
Cytra2 solution 180m1. . . .540ml Bisoproloi-HCTZ 10mg-6.25mg tab 30 90
Dicyclomine 10mg cap 270 Carvediloi 3.125mg tab 60 . . .180
Dicyclomine 20mg tab 60 180 Carvedilol 6.25mg tab 60 180
Famotidine 20mg tab 60 180 Carvedilol 12.5mg tab 60 180
Lactulose syrup* 236m1. . . .708ml Carvedilol 25mg tab 60 180
Metoclopramide 10mg tab 60 180 Uonldine0.tmgtab 30 90
Metoclopramide syrup 60m1. . . .180m1 Clonidine 0 2mg tab 30 90
Promethazine 25mg tab* 12 36 1
Enalapol-HCTZ 5mg-12.5mg tab* 30 90
Promethazine plain syrup* 180rn1. . . .540m1 Enalapril 2.5mg tab 30 90
Ranitidine 150mg tab 60 180 Enalaprtl 5mg tab 30 90
Prescription Program Includes up to a 3O-day supply for$4 and a 90.day supply for S10 of some covered generic drugs at commonly prescribed dosages.Higher dosages cost more.Prices for some
drugs covered by the Prescription Program may be higher and may vary in some states.Restrictions apply.See Program Details or your Walmart Pharmacist for details.Free language assistance
services available for prescription drug information at Walmart and Sam's Club pharmacies In New York.Contact yourWaimart or Sam's Club pharmacy for details Revised 9/5/2014
-Prices may be higher in CA.HI.MN.MT.PAIN and WI.
"Home Delivery Service is not available through SamsClub.com.
'Prepackaged drugs are covered only In unit sizes specified on Drug List.See Program Details or your Watmart Pharmacist for details.
Walmart:tilt. ,,n„ a
e2014 Wal-Mart Stores,Inc I Page 2 of 5
C)
Packet Page-599-
2/24/2015 16.E.2.
L
, „$4,30-day 410,90-day - '4,30-day $10,90-day
Enalapril 10mg tab* 30 90 Warfarin 2mg tab 30 90
Enalapril 20mg tab* 30 90 Warfarin 25mg tab 30 90
Furosemide 20mg tab 30 90 Warfarin 3mg tab 30 90
Furosemide 40mg tab 30 90 Warfarin 4mg tab 30 90
Furosemide 80mg tab 30 90 Warfarin 5mg tab* 30 90
Guanfacine 1 mg tab 30 90 Warfarin 6mg tab 30 . .. . 90
Hydralazine 10mg tab 30 , 90 Warfarin 75mg tab 30 90
Hydralazine 25mg tab 30 90 Warfarin 10mg tab 30 . . 90
Hydrochlorothiazide(HCTZ)125mg cap 30 90
Hydrochlorothiazide(HCTZ)25mg tab 30 90 Men's Health 59l30-day
Hydrochiorothiazide(HCTZ)50mg tab 30 90 1-Finasteride 5m
Indapamide 1.25mg tab 30 90
Indapamide 25mg tab 30 90 Mental Health
Isosorbide Mononitrate 30mg ER tab* 30 90 Amitriptyline 10mg tab 30 90
Isosorbide Mononitrate 60mg ER tab* 30 90 Amitriptyline 25mg tab 30 90
Lisinopril-HCTZ 10mg-125mg tab 30 90 Amitriptyline 50mg tab 30 90
Lisinopril-HCTZ 20mg-12.5mg tab* 30 90 Amitriptyline 75mg tab 30 90
Lisinopril-HCTZ 20mg-25mg tab* 30 90 Amitriptyline 100mg tab 30 90
Lisinopril 2.5mg tab 30 so
Benztropine 2mg tab 30 . 90
Lisinopril 5mg tab 30 90
Lisinopril 10mg tab 30 Buspirone 5mg tab 60 .180
Lisinopril 20mg tab 30 90 Buspirone 10mg tab* 60 180
Methyldopa 250mg tab* 60 180 Carbamazepine 200mg tab* 60 180
■ '■
MetoprololTartrate 25mg tab so '180 Citalopram 20mg tab 30 90
MetopralolTartrate 50mg tab 60 180 Citalopram 40mg tab 30 90
Metoproloi Tartrate 100mg tab* 60 180 Fluphenazine 1mg tab 30 90
Propranolol 10mg tab 60 180 Haloperidol 05mg tab 30 90
Propranolol 20mg tab 60 180 Haloperidol 1mg tab 30 . . 90
Propranolol 40mg tab 60 180 Haloperidol 2mg tab 30 90
Propranolol 80mg tab 60 180 Haloperidol 5mg tab 30 90
Sotalol HCL 80mg tab* 30 90 Lithium Carbonate 300mg cap* 90 . . . .270
Spironolactone 25mg tab* 30 90 Nortriptyline 10mg cap 30 90
Terazosin 1mg cap 30 90 Nortriptyline 25mg cap 30 90
Terazosin 2mg cap 30 90 Paroxetine 10mg tab' 30 90
Terazosin 5mg cap 30 90 Paroxetine 20mg tab* 34 90
Terazosin 10mg cap . . . .30 90 Prochiorperazine 10mg tab 30 90
Triamterene-HCTZ 75mg-50mg tab 30 90 Trazodone 50mg tab 30 90
Triamterene-HCTZ 37.5mg-25mg tab 30 90 Trazodone 100mg tab 30 90
Verapamil 80mg tab 30 90 Trazodone 150mg tab 30 , . , 40
Verapamil 120mg tab 30 90 Trihexyphenidyt 2mg tab 60 180
Warfarin 1mg tab 30 90
•
Prescription Program Includes up to a 30-day supply for$4 and a 90-day supply for$10 of some covered generic drugs at commonly prescribed dosages.Higher dosages cost more.Prices for some
drugs covered by the Prescription Program may be higher and may vary In some states.Restrictions apply.See Program Details or your Walmart Pharmacist for details.Free language assistance
services available for prescription drug information at Walmart and Sam's Club pharmacies in New York.Contact your Walmart or Sam's Club pharmacy for details.
'Prices may be higher in CA,HL MN,MT.PA.TM and WI. Revised 9/5/2014
Home Delivery Service Ls not available through SamsCk+b.com.
r Prepackaged drugs are covered only in unit sizes specified on Drug List See Program Details or your Walmart Pharmacist for details
Walmart`'' O./m20i 4 Wai Mart Stores,inc I Page 3 of 5 f�... �.,,r,
C
Packet Page-600-
2/24/2015 16.E.2.
54,30-day s10,90-day '4,30-day 510,90-day
Skin Conditions Estradiol 2mg tab 30 90
Gentamicin 0.1%cream(15gm tube)[ 1 3 MedroxyprogesteroneAcetate 2.5mg tab 30 90
Gentamicin 0.1%ointment(15gm tube)' 1 3 Medroxyprogesterone Acetate 5mg tab 30 90
Hydrocortisone 1%cream(28.35-30g tube)* 1 3 Medroxyprogesterone Acetate 10mg tab 10 30
Hydrocortisone 25%cream(30gm tube)'. . .. 1 3
Oral Contraceptives S9,2S-day
Silver Sulfadiazine 1%cream*(50gm tube)[ 1 3
Levonor gestrel/EthinyE Estradiol , , :, 2i3
Triamcinolone 0.025%cream(15gm tube)' 1 3 Kurvelo: 28
Triamcinolone 0.025%cream(80gm tube)' 1 3 Norethindrone 1./SP 0.35mg . , , 28
Triamcinolone 0.1%cream(15gm tube)' 1 3 Enskyce... • , , 28
Triamclnoione 0,1%cream(80gm tube)' 1 3 Jencycla. , 28
Triamcinolone 0.1%ointment(15gm tube)t 1 3 Pirmeila1/35. 28
Triamcinolone 0.1%ointment(80gm tube)' 1 3 P,irmella 7/7/7. 28
e
Triamcinolone 0.5%cream(15gm tube)' 1 3 5pnntc. 28
Tri-Sprintec. . . . . . 28
Thyroid Conditions .
Levothyroxine 25mcg tab 30 90
19,30-clay `A,9D-day
Levothyroxine SOmcg tab 30 90
Alendronate SOD 35mg tab .' 4 , 12
AlendronateSOD 7Omg tab .4 ,• 12
Levothyroxine 75mcg tab 30 90
Clorniphene 5,Orng tab. • . .!. . .`. .5 1.5.
Levothyroxine 88mcg tab 30 90
Levothyroxine 100mcg tab 30 90
Levothyroxine 112mcg tab 30 90 Other Medical Conditions
Levothyroxine 125mcg tab 30 90 Chlorhexidine Gluconate 0.12%soln(473m1 bottle)*. . .1 3
Levothyroxine 137mcg tab 30 90 Isoniazid 300mg tab 30 90
Levothyroxine 150mcg tab 30 90 Lidocaine 2%viscous solution(100mI bottle)' 1 3
Levothyroxine 175rncg tab` 30 90 Megestrol 20mg tab* 30 . . . 90
Levothyroxine 200mcg tab* 30 90 Phenazopyridine 100mg tab* 6 18
Prednisone 2.5mg tab* 30 90
Viruses Prednisone 5mg tab* 30 90
Acyclovir 200mg cap . .30 90
Vitamins&Nutritional Health
Folic Acid 1 mg tab 30 90
Mag 64 64mg tab* 60 180
Magnesium Oxide 400mg tab 30 90
Prenatal Plus qty 30* 30 90
Sodium Fluoride.25mg chewable*(120ct bottle)*. . 1. . . . . N/A
Women's Health
Estradiol 0.5mg tab 30 90
Estradiol i mg tab 30 90
L .
Prescription Program includes up to a 30-day supply for$4 and a 90-day supply for S t o of some covered generic drugs at commonly prescribed dosages.Higher dosages cost more.Prices for some
drugs covered by the Presaiption Program may be higher and may vary In some states.Restrictions apply.See Program Details or your Walmart Pharmacist for details.Free language assistance
services available for prescription drug information at Walmart and Sam's Club pharmacies In New York,Contact your Waimart or Sam's Club pharmacy for details.
•Prices may be higher in CA,Hl,MN.Mt PA,TN and Wt.
••Home Delivery Service is not available through SamsClub.com.
'Prepackaged drugs are covered only In unit sires specified on Drug list.See Program Details oryour Watrnart Pharmacist for details.
vvrafrnaL Revised 9/5/2014
-
02014 Wal-Mart St ores,Inc.!Page 4 of 5 s...«rm•u..bs.«.
Packet Page-601-
2/24/2015 16.E.2.
Walmart`s Prescription Program Details
1. Wa!mares Prescription Program(the"Program")is available at at Walmart.Sam's Program').Not all drugs covered by the$10 Retail Program are covered by the 510
Chub and Neighborhood Market pharmacies in the United States(`Waimart Retail Mail Service Program;not all drugs covered bythe$24 Retail Program are covered
Pharmacies',except in North Dakota,as set forth below In Sections 3 and 4.The by the$24 Mail Service Program.See Mail Service Drug Ust fora list of drugs
Program is also available through Waknar.Mail Service('Walmart Mali Service"),as set covered by the$10 Mail Service Program and$24 Mall Service Program.Walmart
forth below in Section 5. Mall Service covers both initial fills and refills.Delivery of covered drugs is available
2. The Program applies onlyto certain genetic drugs at commonly prescribed only through Walmart Mall Service and is not available at Warman,Sam's Club and
aosages Higher dosages cost more.You may obtain a list of generic drugs and Neighborhood Market retail pharmacies.Delivery under the Program through
dosages covered under the Program at Walmart Retail Pharmacies(the Retail Drug Walmart Mall Service limited to U.S.addresses by Rrs Class Mall;expedited
List"and through Walmart Mall Service(the-Mail Service Drug Use')on Waimart. delivery is also available for an additional charge.Some health plans do not cover
corn or at Walmart Retail Pharmacies The Retail Drug List and Mall Service Drug List Walmart Mall Service or 90-day supplies Prices for quantities greater than a 90-day
may change and also may vary by st ate.Not all formulations of a drug(for example, supply of drugs covered bythe$10 Mail Ser ce Program and the 524 Mail Service
enteric-coated.extended or timed release formulations)are covered under the Program are prorated based on the 510 and 524 Program price,respectively.Prices
Program.Program pricing not available when a covered drug is dispensed as part for quantities less than a 90-day supply are not prorated under either the$10 Mali
of a compound. Service Program or the$24 Mail Service Program.Prorated pricing is not available
3. Under the Program at Walmart Retail Pharmacies,$4 Is the price for up to a 30-day under the Program for prepackaged drugs.For pricing policies relating to
supply of certain covered generic drugs Prepackaged drugs,see Section 6
PPIY g rugs at commonly prescribed dosages(the"S4
Retail Program"),$10 is the price of a 90-day supply of certain covered generic 6. Prepackaged drugs are covered under the Program only in the unit sizes specified
drugs at commonly prescribed dosages(the-$10 Retail Program').Not all drugs on the Retail Drug List and Mai!Service Drug List Prepackaged drugs are dispensed
covered by the$4 Retail Program are covered by the$10 Program.Prices for based on the quantities prescribed and unit sizes In stock at the dispensing
quantities Y supply 90-day supply drugs covered both pharmacy.Unit sizes not specified on the Retail
amities between a 30 da su and a 90�a w I of d by Drug List or Mail Service Drug List
the$4 Retail Program and$10 Retail Program are prorated based on the$4 Program are not covered under the Program.Multi-unit purchases are charged at a per unit
price,but will not exceed$10.Prices for quantities greater than a 90-day supply of price,based on the price per unit size dispensed,unless otherwise specified.
drugs covered by the$10 Retail Program are prorated based on the$10 Program Prepackaged drugs dispensed in unit sores not specified on the Retail Drug List and
price.Prorated pricing is not available under the Program for prepackaged drugs. Mail Service Drug List may be priced higher,even if equivalent quantities of the
For pricing policies relating to prepackaged drugs(such as tubes,vials or bottles), drug are available In specified unit sizes.Prorated pricing is not available under the
see Section 6. Program for prepackaged drugs.
4. Under the Program at Walmart Retaa Pharmacies,$9 is the price for up to a 30-day 7. Prices of certain drugs covered by the Program may be higher in some states,as
supply of certain womene health and other covered generic drugs at commonly rioted on the Retail Drug List and Mali Service Drug List
prescribed dosages(the"$9 Retail Program").$24 Is the price for a 90-day supply of 8. Program pricing may be limited to select manufacturers of a covered drug and is
certain women's health and other covered generic drugs at commonly prescribed available as long as supplies from such manufacturers are In stock at the dispensing
dosages(the"524 Retail Program").Not all drugs covered bythe$9 Retail Program pharmacy.
are covered bythe$24 Retail Program.Prices for quantities between a 30-day supply 9. You may a 90-day supply of drugs covered by both the$9 Program and$24 Retail Y pay less or more than the may Program r price.,d depending c ng a the terms of your
Program are prorated based on the 59 Program price,but will not exceed$24.Prices health plan.Prescriber permission may be required to change a 30-day prescription
for quantities greater than a 90-day supply of drugs covered by the$24 Real to a 90-day prescription.
cover 90-day pt on.Certain plans including government-funded programs,
Program are prorated based on the$24 Program price.Prorated pricing Is not
may not cover a 9 srPdy.
available under the Program for prepackaged drugs.For pricing policies relating to 10.For purchases made at Walmart Retail Pharmacies,prescriptions must initially be
prepackaged drugs,see Section 6. filled in and refills must be
Pte. picked up in store.There are no substitutions
S. Under the Program through Walmart Mail Service,$10 is the price for mall delivery Purchases made through Walmart Mail Service may be ordered at Warman Retail
Pha
of a 90-day supply of certain generic drugs at commonly prescribed dosages('5Pharmacies,by phone or through wahnartco tt �
Mail Service Program").$24 Is the price for mall delivery of certain women's health 11.These Program Details are subject to change without advance notice.Changes to ' 1
and certain other covered drugs at commonly prescribed dosages($24 Mali Service these Program Details may be made only in writing.
Prescription Program Includes up to a 30-day supply for$4 and a 90-day supply for$10 of some covered generic drugs at commonly prescribed dosages.Higher dosages cost more.Prices for some
drugs covered by the Prescription Program may be higher and may vary In some states.Restrictions apply.See Program Details or your Walmart Pharmacist for details.Free language assistance
services available for prescription drug information at Walmart and Sam's Club pharmacies In New York.Contact your Walmart or Sam's Club pharmacy for details
Prices may be higher in CA HL MN,air,PA,134 and WI. Revised 9/5/2014
"Horne Delivery Service is not available through SamsClub.corri.
'Repackaged drugs are covered only in unit sizes specified on Drug List See Program Details or your Walmart Pharmacist ion details.
Walmart,!.
02014 Wal-Mart Stores,Inc. Page5of5 i$ n
r S.ri la
4eenenR•IJw Neer.
Packet Page -602-
2/24/2015 16.E.2.
i4-6248"Pharmacy Services"
EXHIBIT C
"Supplemental General Grant Terms and Conditions"
(Following this page)
V
C-1 C'3
Packet Page -603-
2/24/2015 16.E.2.
Exhibit C
Supplemental General Grant Terms and Conditions
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify
the general conditions and other specifications. In cases of disagreement with any other section of this contract, the
Supplemental Conditions shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontract any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in
the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Department
and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly
report the subcontractor's progress in performing Its work under this agreement. For each subcontract, the
Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor
as defined in Section 288.703, Fla. Stat.
r,.1
Packet Page -604-
------- 2/24/2015 16.E.2.-
Exhibit C
Supplemental General Grant Terms and-Conditions
1. Administrative,
2. contractual, or legal remedies Unless otherwise provided in this contract, all claims, counter-claims,
disputes and other matters in question between the local government and the contractor, arising out of or relating
to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of
competent jurisdiction.
3. Energy Conservation Requirements - The Energy Conservation requirements are applicable to all
contracts and subcontracts. The Contractor shall comply with any mandatory standards and policies relating to
energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and
Conservation Act(42 U.S.C. Section 6201)
4. Access to Records and Reports -The vendor agrees to maintain all books, records, accounts and reports
required under this contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in
which case Vendor agrees to maintain same until the Purchaser, the Grantor Administrator, the Comptroller General,
or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions
related thereto.
S. No Government Obligation to Third Parties - Applies to all contracts. The Purchaser and Vendor
acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the
solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the
Purchaser,Vendor, or any other party(whether or not a party to that contract) pertaining to any matter resulting from
the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontract
who will be subject to its provisions.
6. Clean Air Act, Federal Water Pollution Control Act, Executive Order 11738, and US EPA
Regulations- Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the
Contractor or recipient to comply with all applicable standards, orders, or requirements issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
7. Energy Policy and Conservation Act - The contractor shall comply with any mandatory standards and
policies relating to energy efficiency which are contained in the Florida state energy conservation plan issued
in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871).
8. Debarment and Suspension (Executive Orders 12549 and 12689) - Contract awards that exceed the
small purchase threshold and certain other contract awards shall not be made to parties listed on the government
wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Camp., p. 189) and 12689 (3 CFR
Part 1989 Comp., p. 235),"Debarment and Suspension."The Excluded Parties List System in SAM contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Vendors must certify it will not and has not used
Federal appropriated funds have been paid or will be paid, by or to any person or organization for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement. The certification includes any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award.
jC`9 C�
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Exhibit C
Supplemental General Grant Terms and Conditions
10. Procurement of Recovered Materials - (a) In accordance with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated In
guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall
procure items designated in the EPA guidelines that contain the highest percentage of recovered materials
practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period
of time; (2) fall to meet reasonable performance standards, which shall be determined on the basis of the guidelines
of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an
unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1)
the Contractor purchases it excess of$10,000 of the item under this contract; or (2) during the preceding Federal
fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with
Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a
State; and(ii)purchased a total of in excess of$10,000 of the item both under and outside that contract.
11. Disadvantaged Business Enterprise (DBE) - Vendors shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. Vendors shall make a good faith effort to assure that
registered disadvantaged business enterprises are used as sources of supplies, equipment,construction, and services
as much as possible. Each vendor shall identify the anticipated level of participation by DBE's in the project and
report its actual DBE participation (if any)." The offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance and required to convey all changes in anticipated
levels of participation to the County in a timely manner. The vendor is required to pay its DBE subcontractors
performing work related to this contract for satisfactory performance of that work no later than 30 days after the
vendor's receipt of payment for that work from Collier County. In addition, the vendor is required to return any
retalnage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this
contract is satisfactorily completed. The vendor must promptly notify Collier County, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts
to engage another DBE subcontractor to perform at least the same amount of work. The vendor may not terminate
any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written
consent of Collier County.
12. Equal Employment Opportunity - Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment
Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964— 1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor."
§60-4.3 Equal opportunity clauses. (a) The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is
required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction
contracts and subcontracts.The equal opportunity clause published at 41 CFR 60-1,4(b) is required to be included in,
and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses
described above, all Federal contracting officers, all applicants and all nonconstruction contractors, as applicable, shall
include the specifications set forth in this section in all Federal and federally assisted construction contracts in excess
of$10,000 to be performed in geographical areas designated by the Director pursuant to §60-4.6 of this part and in
construction subcontracts in excess of$10,000 necessary in whole or in part to the performance of nonconstruction
Federal contracts and subcontracts covered under the Executive order.
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS(EXECUTIVE ORDER
11246)
1. As used in these specifications:
a."Covered area"means the geographical area described in the solicitation from which this contract resulted;
i
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Exhibit C
Supplemental General Grant Terms and Conditions
b. "Director"means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or
any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly
Federal Tax Return, U.S.Treasury Department Form 941.
d."Minority"includes:
(I) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or
origin, regardless of race);
(iii)Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,
the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and which is set
forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60.4.5)in a Hometown Plan approved by the U.S. Department
of Labor in the covered area either individually or through an association, its affirmative action obligations on all work
in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have
unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with
the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is
individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve
each goal under the Plan in each trade in which it has employees. The overall good faith performance by other
Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or
Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of
these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as
percentages of the total hours of employment and training of minority and female utilization the Contractor should
reasonably be able to achieve in each construction trade in which R has employees in the covered area. Covered
Construction contractors performing construction work in geographical areas where they do not have a Federal or
federally assisted constuction contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such
notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement
contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor
has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations
under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such
apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must
have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the
availability of employment opportunities.Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity.The evaluation of the
Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its
actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
. a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all
facilities at which the Contractor's employees are assigned to work.The Contractor,where possible, will assign two or
more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents,
and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a
working environment,with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to
minority and female recruitment sources and to community organizations when the Contractor or its unions have
4
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Exhibit C
SUppleinentai General Grant Terms and Conditions
employment opportunities available,and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street
applicant and minority or female referral from a union, a recruitment source or community organization and of what
action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral
and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be
documented in the file with the reason therefor, along with whatever additional actions the Contractor may have
taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a
collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the
Contractor,or when the Contractor has other information that the union referral process has Impeded the Contractor's
efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly
include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the
Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and
requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy
manual and collective bargaining agreement; by publicizing it in the company newpaper, annual report, etc.; by
specific review of the policy with all management personnel and with all minority and female employees at least once
a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications
with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions
including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen,
etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained
identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the
subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically
including minority and female news media, and providing written notification to and discussing the Contractor's EEO
policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools
with minority and female students and to minority and female recruitment and training organizations serving the
Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance
of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written
notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in
the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and
in other areas of a Contractor's work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 5i}-3.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional
opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such
opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a
discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO
policy and the Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and
necessary changing facilities shall be provided to assure privacy between the sexes.
a. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction
contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other
business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO
policies and affirmative action obligations,
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their
5
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Exhibit C
Supplemental General Grant Terms and Conditions
affirmative action obligations (7a through p).The efforts of a contractor association,joint contractor-union, contractor-
community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling
any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on the employment of
minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf
of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however,
is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male
and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the
Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any
person because of race, color, religion, sex,or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts
pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal
Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal
Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation
of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action
steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed
in accordance with 41 CFR 60-4,8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the
company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the
Government and to keep records. Records shall at least include for each employee the name, address, telephone
numbers, construction trade, union affiliation if any, employee identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be
maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this
requirement,contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish
different standards of compliance or upon the application of requirements for the hiring of local or other area residents
(e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
13. Termination
1. TERMINATION FOR DEFAULT.
1. Contractor shall be considered in material default of the Agreement and such default shall be considered
cause for Owner to terminate the Agreement, in whole or in part,as further set forth in this Section, if Contractor: (1)
fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or
(3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as
may be rejected as unacceptable or unsuitable; or(4)discontinues the prosecution of the Work; or(5)fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or(6) becomes insolvent or is
declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied
for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any
applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any
other provision of the Contract Documents.
6
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Exhibit C
Supplemental General Grant Terms and Conditions
2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has
not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written
notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then
Owner, at Its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without
prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to
proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and
purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which
Owner, in its sole discretion, may choose.
3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to
receive any further payments hereunder until after the Project is completed. All moneys expended and all of the
costs, losses, damages and extra expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner
incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid
balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal
rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and
damages incurred by the Owner to complete the Work,such excess shall be paid to the Contractor. The amount to be
paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and
this obligation for payment shall survive termination of the Agreement.
4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid,
expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief
that such payments or assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other Items therefore or re-letting the Work, and in settlement, discharge or
compromise of any claims,demands, suits, and judgments pertaining to or arising out of the Work hereunder.
5. If,after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any
reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the
remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19
below.
6. In the event(i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such
payment is due or Owner otherwise persistently falls to fulfill some material obligation owed by Owner to Contractor
under this Agreement, and (ii)Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is
cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance
under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may
terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If
Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may,
upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the
Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to
payment for Work not performed or any other damages from Owner.
2. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION,
1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written
notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be
limited to that portion of the Contract Amount earned through the date of termination, together with any retainage
withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further
recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
2. Owner shall have the right to suspend all or any portions of the Work upon giving Contactor not less than two
(2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended,
7
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Packet Page -610-
Exhibit C 2/24/2015 16.E.2.
f
Supplemental General Grant Terms and Conditions
Contractor's sole and exclusive remedy shall be to seek an extension of time to Its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional
compensation or damages. Provided, however, if the ordered suspension exceeds six(6) months, the Contractor shall
have the right to terminate the Agreement with respect to that portion of the Work which Is subject to the ordered
suspension.
CERTIFICATIONS AND FORMS
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE
TO BE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered
Transactions
2. General Grant Clauses
3. Disclosure of Lobbying Activities
8
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, 2/24/2015 16.E.2. 1
Exhibit C
Supplemental General Grant Terms and Conditions
. batf Regardilna.p <<.V sion,,�rtd er Resp°psibility Matters
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(1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local)with commission of any of the offenses enumerated in paragraph(I)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
1-4\A 7—
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Firm Tax ID Number
Street Address DUNS Number
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Packet Page -612-
2/24/2015 16.E.2.
Exhibit C
Supplemental General Grant Terms and Conditions
General Grant Clauses
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified
in this solicitation document(s).
Vendor/Contractor Name w S .. _.. .. - Z.-( 2-6
Authorized Signature • � ..�-- RU\ L k w1 SC,
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Packet Page -613-
2/24/2015 16.E.2.
Exhibit C
Supplemental General Grant Terms and Conditions
CERTIFICATION REGARDING LOBBYING 1
I (To be submitted with each bid or offer exceeding$100,000)
The undersigned ( Contractor)certifies, to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting, to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making
lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61
Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10
of the Lobbying Disclosure Act of 1995(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
I
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or
amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such expenditure or failure.]
The Contractor, , cues or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any )1 d¢ftion, the Contractor understands and agrees that the
provisions of 31 U.S.C. A 3801, et se• gm ly to�s Jrrti lion and disclosure, if any.
est ature of Contractor's Authorized Official
�i r''\ w----��:a Name and Title of Contractor's Authorized Official
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Bo ..-;'Packet Page-614-
Dec 081411:55a State Farm 2399475484 2/24/2015 16.E.2.
AC'� E) CERTIFICATE OF LIABILITY INSURANCE DATE
r 3 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
..cRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE CDVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesj must be endorsed. 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 endorsementtS.
NroAE:CONTACT BOBBY PITtMAN INSURANCE STATE FARM
PRODUCER Bobby Pittman State Farm Insurance PHONE 239 947 0101 ,c N, r239 947 3931
9126 Bonita Beach Road WC,N°,..=
t Dress:BOBBY.PfT7MAN.BXDSISTATEFARM.COM
Sraf�Fa�I Bonita Springs, FL 34135 _A
Phone#239-947-0101 Fax#239-947-3931 MISURER S)AFFORDING COVERAGE NAIC s
C7' Staff Farm Florida Insurance Company 10.'39
fNSURERA:
,NSUREO WOOLLEY'S PHARMACY INC VISURFFR B_
3761 EAST TAMIAMI TRAIL INSURER C;
NAPLES FL 34112 INSURER 0:
INSURER E:
INSURER P=
COVERAGES CERTIFICATE NUMBER+ REVISION NUMBER
i THIS tS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
II INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MISR - ADDLSUB POLICY EFF POLICY EXP LIMITS
LYR TYPE OF INSURANCES MD VWD� POLICY NUMBER [MM/DDrYYYY) IMWDD/YYYY)
X COMMERCIAL GENERAL.UABIUUY r I 98-J6-8600-5 B 1213112014 12(3112015 EACH OCCURRENCE s 2,000,000
SAGE TU IiEFT6t
— l C�.IMS-MACE I I OCCUR 12113112013� 12131(2014 ,PRSMISESJ s oc =L_.$ —
i
MED EXn(Any one person) S 5,000
I PERSONAL 8,ADV INJURY S
GENERt.LAGGREGi'
AE S 4,000.000
G�J'V1 AGGREGATE LIMIT APPU- PER: I 4,000,000
X PoUCY I 1 JECCT I LOC ] PRODUCTS-COMP/OP AGG I S
oni.P..: I 1 COMBYhED SINGLE UMtT I$
AUTOMOBILE LIABILITY _fEa zc enti I
A BODILY INJURY;Per perca1) E
J'ALL LLOtiV AUTO OWNED — 1 SCtEDU'�D if30DILYIWURYIPerasideNJ S
_AUTOS ,_.j AUTOS
I NOMOJNED PROPERTY O
HMAGE I
d
HIRED A UTOS AUTOS S .
I S
1 UMBRELLA(JAB OCCUR EACH CCCURRENCE s
EXCESS UAB (-MARS- AGE %
M AGGREGATE 'S
I
S
DED I RETEN T ION S PER I 07H-
WORKERSCOMPENSATION I PEATITrE I ER
AND EMPLOYErL.^'.LIABILITY YIN. EL EACH ACClDER7T S
ANY PROPRIETORMARTNER/EXEC) 'E j 1 N I A '
OFF,CIIA
EREMBER EXCLUDED? y EL DISEASE-EA EMPLOYEES I
(Mandatory In RN)
Eyes.desCbe Lneer I Et gSEAS£-POLICY LIMIT S
I OESORIPTION OF OPERATLON'E below
I
I
DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES IACORD 101,Additional Remarks Soh Wok,.moy tre attached S snort space is sego sI
CERTIFICATE HOLDER CANCELLATION
L.R
ADDITIONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
COLLIER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS.
OMMISSIONERS AUTI DRQED REPRESENTATIVE
27 TAMIAMI TRAIL E. ` J�
APLES,FLA.34112 b !�. � '
I I 01 913 2014ACORD CORPORATION_All rights reserved_
ACORD 25(2014101) The ACORD name and logo are registered f ACORD 1001485 132849.9 tl2-04-2014
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blaze ram Norma insurance s...ompeny Htf•thWAL. 1..;t1-1 I ItIVA i t
7401 Cy4ter..5 Gamens Bier, Fo'njeyNumase . 98-,16-';4005
Winner Haven,Ft. 33388-0007
ISusineSS Policy ----
• IDEC 31 2013 to DEC 312014
J"N
u-le 2062 ;04 Z DaINE;
- ,71 3 r --. .E
M1314 CW.,1 DEC 31 2013 $6,299.56
CAf4MUSO, PAUL
. ORA WOOLEY'S PHARMACY Coverages and Limits
6.1. 9168 THE LU
NAPLES FL 34109-1561 Section I
A Buildings Excluded
8 Business Personal Property 205,20C
C Loss of Income Actual Loss
-- :
Deductibles -Section I
Basic 500
Hurricane 10.00Z
i Other deductibles may
apply -refer to policy
Location. 3761 EAST TAMIAMI TA
NAPLES FL •
34112-6215 : Section II
. L Business Liability . $2,000,000"
M Medical Payments' 5,000
Gen Aggregate(Other than PC0) 4,000,000
Products-Compteted Operations 4,000,000
(POD Aggregate)
Annual Premium $4,701.0f
Forms,Opts,& Endrsmnt 58.01
Bus Liability-Cov L 1,389.0C
FL Efv1PA ASSESSMENT 4.0('
Forms. Options,and Endorsements
Special Form 3 FP-6153 FL TRUST FUND
Money& Secur$100041000 OPT MO FHCF ASSESSMENT 79.9:
Amendatory Endorsement FE-6210.3 1 2005 CITIZENS-EM 61 .4f
Busyness Policy Endorsement FE-6464 Amount Due $6,299.5i
Tree Debris Removal FE-6451
Retail Drug Store Endorsement FE-6435
1ass Deductible Deletion FE-6538.1 Premium Reductions
Humcane Deductible FE-6537.4 I Renewal Year Discount
Additional insured Endorsement FE-6494 Yrs in Business Discount
Fungus (Including Mold)Exct FE-6566 Prot Devices Discount
Subcontractor Pd Exclusion FE-6598 Sprinkler Discount
Amendatory Collapse FE-6839
Claim Record Discount
COY A -inflation Index N/A
Continued on oack of page Coy B-Consumer Price- 2341
+For the lull name of each assessment entity and the dollar amount.please see the Florida Assessment
P&P,
...,.c NOTICE. Information concerning cnariges in your policy language is included. Please call your agent if
you nave any questions
,.,
!.'
(Th
laver 1 ier‘ft-A" ottlovirgl See,your Stah3 Farm agent
/ 603.,,,jr eseeve_ tar.,
See reverse or Important trfforrnation
- •'5t4 ' axis i Agent BOBBY PITTMAN Prepared
Telephone (239)947-0101 or (800)634-2339 OCT 31 2013
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M 0098
DECLARATIONS(CONTINUED)
Drug Store Policy for WOOLLEY'S PHARMACY INC
^. Policy Number 98-J6-86OG-5
Utility Interruption -Loss Of Income $10,000
Loss Of Income And Extra Expense -Actual Loss Sustained -12 Months
SECTION II- LIABILITY
LIMIT OF
COVERAGE INSURANCE
Coverage L-Business Liability $2,000,000
Coverage M Medical Expenses(Any One Person) $5,000
Damage To Premises Rented To You $300,000
LIMIT OF
AGGREGATE LIMITS INSURANCE
Products/Completed Operations Aggregate $4,000,000
General Aggregate $4,000,000
Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable
annual period. Please refer to Section II -Liability in the Coverage Form and any attached endorsements.
Your policy consists of these Declarations,the BUSINESSOWNERS COVERAGE FORM shown below,and any other
forms and endorsements that apply,including those shown below as well as those issued subsequent to the
issuance of this policy.
FORMS AND ENDORSEMENTS
CMP-4100 'Businessowners Coverage Form
CMP-4259 'Amendatory Endorsement
CMP-4874 'FL Cat Ground Cover Collapse
CMP-4561 *Policy Endorsement /
CMP-4879 *Pharmacist Liability V
CMP-4522 *Loss of Income&Extra Expense
CMP-4710 *Employee Dishonesty
CMP-4825 *Brands and Labels
CMP-4738 *Hurricane Deductible
Prepared
OCT 17 2014 Copyright State Farm Mutual Automobile Insurance Company,2008
CMP-4000 Meioses copyrighted material of Insurance Services Office,inn,with its permission
min 291 Continued on Reverse Side of Page Page 5 of 6
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Aah..
TRAVELERS WORKERS COMPENSATION
AND
ONE TOwER SQUARE
HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY
CHANGE DOCUMENT WC 99 99 98 (091
POLICY NUMBER: (I HUB-9178R14-9-14)
CHANGE EFFECTIVE DATE: 09-01 -14 NCCI CO CODE: 13439
INSURER: THE TRAVELERS INDEMNITY COMPANY OF AMERICA
INSURED'S NAME: WOOLLE Y S PHARMACY
This change is issued by that member of The Travelers Insurance Companies which issued the policy and forms
a part of the policy. It is agreed that the policy is amended as follows:
An absence of an entry in the premium spaces below means that the premium adjustment, if any,will be made at
time of audit.
ADDITIONAL PREMIUM $ NIL RETURN PREMIUM $300
ADDITIONAL NON-PREMIUM $ NIL RETURN NON-PREMIUM $ NIL
The following premi um basis is amended to read:
STATE OF FL
LOCATION 001 01
=== ESTIMATED
MEE ANNUAL
,===
CLASSIFICATION CODE PREM, BASIS RATE PREMIUM
STORE-DRUG-RETAIL 8045 90180 0.57 514
The Terrorism charge has been amended as follows:
====
STATE ESTIMATED PREMIUM
FL 18
The following endorsement s are added:
WC 89 06 14 (00)-001
WC 89 04 15 (00}-001
0,--
===
DATE OF ISSUE: 11-04-14 GS CHANGE NO: 001 PAGE 001 OF LAST
POL. EPP DATE: 09-01-1 4 POL. EXP. DATE: 09-01 -15
OFFICE: PAYROLL 70A
PRODUCER: AP INTEGO INS GROUP LLC X9275
Packet Page -618- COUNTERSIGNED AGENT
2/24/2015 16.E.2.
Adak
TRAVELERS.1 WORKERS COMPENSATION
AND
ONE TOWER SQUARE
HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 89 04 15 (00) — 001
POUCY NUMBER: 4)
POLICY INFORMATION PAGE
ENDORSEMENT
Item#4 is changed to the following:
PREMIUM BASIS
Total Estimated Rate Per
Code Annual $100 of Estimated
Classifications No. Remuneration Remuneration Annual Premium
STATE OF FL
LOCATION 001
STORE-DRUG-RETAIL 8045 90180 0.57 514
.7=7.
=W.=
trrIEGE
417.
4===
gowsorvano
armor
Total Estimated Annual Premium S
Minimum Premium$
Deposit Premium $
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
DATE OF ISSUE 11-04-14 ST ASSIGN:
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BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that this day of October. 2014,.
that WOOLLEY'S PHARMACY, INC., a Florida corporation, whose address is 3761 East Tamiami
Trail, Naples, Florida 3411.2, party of the first part, for and in consideration of the sum of TEN and
00/100 ($10.00) DOLLARS lawful money of the United States and other good and valuable
consideration, to it paid by MOTHER'S PHARMACY, INC., a Florida corporation, whose address is
6350 Davis Blvd., Suite 1001, Naples, Florida 34104 the receipt whereof is hereby acknowledged, has
granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell,
transfer and deliver unto the said party of the second part,its successors and assigns.the following:
See attached Exhibit"A"
TO HAVE AND TO HOLD the same unto the said party of the second part. its successors and
assigns forever.
AND it does for itself and its successors and assigns, covenants to and with the said party of the
second part,its successors assigns, that it is the lawful owner of the said goods and chattels;that it is free
from all encumbrances,that it has good right to sell the same;
IN WITNESS WHEREOF,it has hereunto set its hand this 30 day of October. 2014.
Signed, sealed and delivered WOOLEY'S HARMACY,INC,
in the presence of: Florida corpo ation
Wi ness 5}c,c A A.a..e-+.e ti..1 k. ay: Paul Cammuso,as President
Witness CAA-v:5,-'1 S-k,e c\mfrs0
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