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Agenda 06/26/2018 Item #16D 606/26/2018 EXECUTIVE SUMMARY Recommendation to extend the contract end dates on nine (9) existing Service for Seniors’ vendor contracts to December 31, 2018. OBJECTIVE: To provide uninterrupted support services to Collier County Services for Seniors’ elderly clients. CONSIDERATIONS: The Community and Human Services Division’s (CHS) Services for Seniors Program has been providing support to Collier County’s frail and elderly citizens for over thirty-four (34) years through the Community Care for the Elderly, Alzheimer’s Disease Initiative, Home Care for the Elderly, and Older Americans Act Title IIIB Grant Programs. The Collier County Services for Seniors (CCSS) Program is a comprehensive program offered to qualified seniors age sixty years (60) and older or persons eighteen (18) years of age or older and have a diagnosis of Alzheimer’s Disease or a related disorder. The goal of the program is to assist qualified persons in living as independently as possible in their own homes or the homes of relatives or caregivers. These grants are funded by the Florida Department of Elder Affairs through the Area Agency on Aging of Southwest Florida, Inc. (“Agency”). CCSS is the Lead Agency and is required to enter into its contractual agreement with area service vendors to administer support services such as: Homemaking, Personal Care, Respite, Chore, Nursing, Shopping Assistance, Medical Supplies, and Emergency Alert Response Services. The cost of services is reimbursed through agreements between Collier County and the Agency. The following vendors have current contracts originally procured under Solicitation #12-5856 in 2012, all expiring at the end of June 2018: 1. Accu-Care Nursing Services, Inc. 2. ADT US Holdings, Inc. d/b/a ADT LLC 3. Almost Family PC of SW Florida, LLC d/b/a Almost Family 4. Bidwell Home Care Services, LLC d/b/a Home Instead Senior Care 5. Eleven Ash, Inc d/b/a Health Force 6. Lifeline Systems Company d/b/a Philips Lifeline 7. Rosalino Minicozzi d/b/a Always There Home Health Care, Inc. 8. Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products 9. VIP America, LLC d/b/a VIP America of Southwest Florida, LLC Request for Proposals (RFP) #18-7300 was issued on February 26, 2018. Fifty-nine (59) entities downloaded the solicitation, and 4510 emails were sent. Four (4) proposals were received on March 27, 2018. After individual review of the proposals, the review committee met in early May and scored the proposals. In so doing, it was recognized that some proposals did not contain an accurately completed vendor rate/financial worksheet. Also, the county requires more than four vendors in order to adequately provide the services being procured. Based on advisement from the Procurement Services Director, the proposers lacking accurate information will be contacted to provide an opportunity to correct their proposals, and the scoring committee will reconvene to re-score accordingly. If appropriate, one or more of the four entities will then be awarded contracts. In addition, a new solicitation will be issued in order to enlarge the vendor pool. In an effort to provide continuity of services to Collier County seniors while the above activities occur, staff requests that the Board of County Commissioners (Board) allow the continued use of the current contracts until new awards are finalized, and to no later than December 31, 2018. 06/26/2018 FISCAL IMPACT: Funds for vendor services and supplies are available under the Human Services Grant Fund (707) Projects 33560 (CCE), 33558 (ADI), 33562 (HCE), 33519 (CCE Co-Pays 17-18), 33561 (CCE Co-Pay 2018-19), 33520 (ADI Co-Pays 17-18), 33559 (ADI Co-Pay 2018-19), 33543 (OAA3E), 33545 (OAA3B). GROWTH MANAGEMENT: There is no Growth Management impact associated with this recommendation. LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATIONS: To authorize an extension to #12-5856 and #12-5856S, “Services for Seniors” contracts through December 31, 2018 or sooner should the Board award new contracts and authorize any amendments necessary. Prepared By: Louise Pelletier, Manager, Sr. Programs, Community and Human Services Division ATTACHMENT(S) 1. 12-5856 Bidwell_Extension 2018 (PDF) 2. 12-5856 ElevenAsh_Extension 2018 (PDF) 3. 12-5856 LifelineSystems_Extension 2018 (PDF) 4. 12-5856 SummitHome_Extension 2018 (PDF) 5. 12-5856 AccuCare_Extension 2018 Second Letter (PDF) 6. 12-5856 AlwaysThereHome_Extension 2018 Second Letter (PDF) 7. 12-5856 VIPAmerica_Extension 2018 (Second Letter) (PDF) 8. 12-5856S AlmostFamily_Extension 2018 Second Letter (PDF) 9. 12-5856S ADT_Extension 2018 Second Letter (PDF) 10. 12-5856 AccuCare_Contract (PDF) 11. 12-5856S ADT_Contract (PDF) 12. 12-5856S AlmostFamily_Contract (PDF) 13. 12-5856 BidwellHome_Contract (PDF) 14. 12-5856 HealthForce_Contract (PDF) 15. 12-5856 LifelinePhilips_Contract (PDF) 16. 12-5856 AlwaysThereHome_Contract (PDF) 17. 12-5856 SummitHome_Contract (PDF) 18. 12-5856 VIPAmerica_Contract (PDF) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Doc ID: 5837 Item Summary: Recommendation to extend contract end dates on nine (9) existing Service for Seniors’ vendor contracts to December 31, 2018. Meeting Date: 06/26/2018 Prepared by: Title: Manager - Senior Prg and Social Service – Community & Human Services Name: Louise Pelletier 05/31/2018 3:57 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 05/31/2018 3:57 PM Approved By: Review: Public Services Department Kimberley Grant Additional Reviewer Completed 05/31/2018 4:27 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 05/31/2018 4:46 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/01/2018 7:45 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/01/2018 7:53 AM Procurement Services Sandra Herrera Additional Reviewer Completed 06/04/2018 8:35 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/04/2018 10:02 AM Procurement Services Ted Coyman Additional Reviewer Completed 06/04/2018 3:31 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/12/2018 4:08 PM Grants Erica Robinson Level 2 Grants Review Completed 06/01/2018 1:14 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/13/2018 9:39 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/13/2018 3:00 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/14/2018 8:39 AM Grants Therese Stanley Additional Reviewer Completed 06/15/2018 12:22 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 3:30 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM 06/05/2018 Ms. Yolanda Rivera Bidwell Home Care Service, LLC d/b/a Home Instead Senior Care 16520 S. Tamiami Trail #213 Fort Myers, FL 33908 Email: Yolanda.rivera@homeinstead.com Laura.Gillian@homeinstead.com Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Ms. Rivera: The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 12, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/12/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: Bidwell Home Care Service, LLC Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services 06/05/2018 Ms. Charlene Miller, Administrator Eleven Ash, Inc. d/b/a Health Force 5276 Summerlin Commons Way #702 Fort Myers, FL 33907 Email: cmiller@health-force.us; cmiller@health/force.us Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Ms. Miller: The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 12, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time per iod indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/12/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: Eleven Ash, Inc. Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services 06/05/2018 Ms. Audra Tella or Dawn Fitzgerald Lifeline Systems Company d/b/a Philips Lifeline 111 Lawrence Street Framingham, MA 01702 Email: GSD.SouthCentral@philips.com; lifelineGSDSC@philips.com; dawnfitzgerald@philips.com Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Ms. Tella or Ms. Fitzgerald: The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 12, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/12/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: Lifeline Systems Company Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services 06/05/2018 Ms. Nancy Eckhardt, Administrative Manager, CFO Summit Home Respiratory Services, LLC d/b/a Summit Home Healthcare Products 1085 Business Lane Unit2 Naples, FL 34110 Email: nancy@summithome.net Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Ms. Eckhardt: The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 12, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/12/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: Summit Home Respiratory Services, LLC Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services June 7, 2018 Ms. Kathleen K. Berghuis Accu-Care Nursing Services, Inc. 2375 Tamiami Trail North, Suite #300 Naples, FL 34103 Email: accucare@aol.com Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Ms. Berghuis: The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 26, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/14/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: Accu-Care Nursing Services, Inc. Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services June 7, 2018 Ms. Janel Hanna Rosalino Minicozzi d/b/a Always There Home Health Care, Inc. 317 N. Collier Blvd, Suite 201 Marco Island, FL 34145 Email: Janelathhc@embarqmail.com Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Ms. Hanna: The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 26, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/14/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: Rosalino Minicozzi d/b/a Always There Home Health Care, Inc. Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services June 7, 2018 Ms. Celena Singh VIP America, LLC, d/b/a VIP America of Southwest Florida, LLC 1442 Metropolis Ave. Suite 104 Fort Myers, FL 33912 Email: celena.singh@vipamerica.com Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Ms. Singh: The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 26, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/14/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: VIP America, LLC, d/b/a VIP America of Southwest Florida, LLC Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services June 7, 2018 Ms. Velma Deldago, Director Almost Family PC of SW Florida, LLC d/b/a Almost Family 851 5th Ave. North, Suite 101 Naples, FL 34102 Email: velmadelgado@almostfamily.com; marge.abney@almostfamily.com Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Ms. Deldago: The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 26, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/14/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: Almost Family PC of SW Florida, LLC d/b/a Almost Family Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services June 7, 2018 Mr. Brian Vollmer ADT US Holdings Inc. d/b/a ADT, LLC 32100 US Highway 19 North Palm Harbor, FL 34684 Email: adthealthreferral@adt.com; bvollmer@adt.com Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Dear Mr. Vollmer The above contract will expire 6/29/18. In order to maintain required service levels in the interim, we request an extension of your contract as provided for in the Collier County Procurement Ordinance until 12/26/18 or until the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. This extension is contingent upon the Board approving the extension, which is anticipated to be presented to the Board on June 26, 2018. Should the Board not approve the extension, this letter will be automatically nullified. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: _____ I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Page 2 of 2 Re: Extension of Contract # 12-5856 “SERVICES FOR SENIORS” Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by 6/14/18. You may email your response to: renewals@colliergov.net. If you have any questions you may contact 239-252-8407. Regards, Sandra Herrera Procurement Contract Manager – Procurement Services Division Acceptance: ADT US Holdings Inc. d/b/a ADT, LLC Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Lisa Carr, Community & Human Services A G R E E M E N T 12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this day of 2012, by and between Accu -Care Nursing Service, Inc. authorized to do business in the State of Florida, whose business address is 2375 Tamiami Trail North, Suite 300, Naples, Florida 34103, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on IL bfUtn 6, 2012 and shall terminate ong I 2014. The Contract award is a two (2) year contract, with the possibility of two (2) additional two (2) year terms pending funding from grantors and acceptable performance by the awarded vendor. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum duration for this Contract for CCE, HCE and ADI funding will not exceed six (6) years (through June 30, 2018). As outlined in RFP #12-5856, the County requires the Vendor to contribute a cash or in-kind match of no less than ten (10) percent for all services related to the Community Care for the Elderly Program (CCE). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856, the terms, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and Logs, attached herein and incorporated by reference, and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page I of 11 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Accu -Care Nursing Service, Inc. 2375 Tamiami Trail N., Suite 300, Naples, FL 34103 Attention: Kathleen Hughes, Executive Director Telephone: 239-263-301; Facsimile: 239-263-1552 E-mail: accucare@aol.com All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Purchasing/ GS Director Telephone: 239-252-8407; Facsimile: 239-252-6480 The Vendor and the County may change the above contact information at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government Page 2 of 11 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of I 1 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise maybe 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. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veterans Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out Page 4of11 verbatim: Vendor's Proposal, Insurance Certificate, and RFP #12-5856 Specifi- cations/Scope of Services, Attachment A Contract Rates and Attachment B Invoice and Logs. If a conflict arises between the documents, the order of precedence shall be: this Contract, the County's RFP #12-5856, the terms and conditions of the grant, and the Vendor's proposal. 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy and Grantor Agency Requirements. 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 Page 5 of I 1 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of t1 -ds Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified, by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. *****************Remainder of Page Intentionally Left Blank***************************** Page 6 of 11 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:` . Dwight E. Brock,, Clerk of Courts B L Dated: �1't�(�E�L�o 1t7iIF 4� First Wit ss Nirk/lkj e/ pr' itnes nameT Second Witness C 5s &// /� TType/ print witness nameT Approved as to form and legal sufficiency: Assistant ounty ttorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A Fred W. Coyle, Chairman Accu -Care Nursing Service, Inc. Vendor Signature Typed signature and title Page 7 of 11 Agreement #12-5856 "Services for Seniors" Attachment A Contract Rates Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Reimbursement Item Service Description Grant Service Unit Total Cost Per Service Unit Rate Per Unit to Supplier 1. Adult Day Care CCE Per Hour $11.00 $9.90 2. Chore CCE Per Hour 19.57 17.61 3. Enhanced Chore CCE Per Hour 25.21 22.69 (Requires two (2) or more workers performing multiple tasks at the same time.) 4. Companion CCE Per Hour 19.60 17.64 5. Homemaker' (includes CCE Per Hour 18.56 16.70 Shopping Assistance (RFP #6 Shopping Assistance Service 6. Shopping Assistance See Item# 5 7. Personal Care (RFP #10 CCE Per Hour 21.46 19.31 Escort Service 8a. Respite In -Home CCE Per Hour 20.00 18.00 8b. Respite (In -Home) ADI Per Hour 20.00 20.00 9. Respite (In -Facility) ADI Per Hour 11.00 11.00 10. Escort See Item # 7 11. Skilled Nursing CCE Per Hour 35.26 31.73 12. Emergency Alert CCE Per Day 1.09 .98 Response System 13a. Specialized Medical CCE Per Episode Catalog in effect Catalog -ten (10) Equipment, Services, in September percent in effect in and Supplies 2012 September 2012 13b. Specialized Medical ADI Per Episode Catalog in effect Catalog in effect in Equipment, Services, in September September 2012 and Supplies 2012 Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 Reimbursement TOTAL Rate Per Unit AMOUNT Service Total st In Find to Supplier (lYlultply the Description Referenced Per Match (Subtract In Unit Reimbursement (identified Grant Amount Kind Match Ouantity Rate Per Unit by,iine} Ser. Se Amount from to Supplier Unrt Total Cost Per the'Unit Service Unit) Ouanti )' I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 7 I w 0 O N bo Cd a ACC)IR I' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/18/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE 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(ies) 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 endorsement(s). PRODUCER Phone: (954) 828-9948 Fax: (954) 828-9949 SABAL INSURANCE GROUP, INC. 805 E. BROWARD BLVD., SUITE 303 FORT LAUDERDALE FL 33301 NACONTACT ME: Dana Cavic PHONE -9948 FAX Na: (954) 828-9949 WC Na. Extl: (954)828-9948 j E-MAIL dcavic@sabalinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL# INSURER : American Alternative Ins Corp 19720 Agency Lic#: L002130 INSURED ACCU-CARE NURSING SERVICE, INC. INSURERS 2375 TAMIAMI TRAIL N, #300 INSURER C INSURER D: NAPLES FL 34103 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 16512 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. INSP. LTR TYPE OF INSURANCE ADD'L (NSR SUBRI POLICY EFF POLICY EXP WVD � POLICY NUMBER MM/OO/YYYY I MM/DD/YYYY LIMITS A GENERAL LIABILITY I VHHG3052541-04 06/21/12 06/21/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 PREMISES (Ea accurence) X I COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ SO, X I OCCUR CLAIMS-MADEOOD X Professional Liability PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 3,000,000 X Retro Date 06/21/03 - PRODUCTS - COMP/OP AGG $ 3,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER: III $ COMBINED SINGLE LIMIT Included (Ea accident) $ j POLICY I PCT I LOC A AUTOMOBILE LIABILITY ! VHHG3052541-04 06/21/12 06/21/13 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS (AUTOS HIRED AUTOS X NON-OWNED X AUTOS j BODILY INJURY (Per accident) S PROPERTY DAMAGE $ (ver accident) $ F— UMBRELLA LIAB I (Excess uaB� OCCUR CLAIMS-MADE EACH OCCURRENCE s AGGREGATE S D.DI. IRETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRO PRIETORIPARTNER/EXECUTIVE OFFIGER/MEMBER EXCLUDED? $ ! WC STATU- OTH TORY LIMITS ER $ N/A E.L. EACH ACCIDENT $ E.L. DISEASE-EA EMPLOYEE $ (Mandatory in NH) If yes,—under DESCRIPTION OF OPERATIONS below 1 j E.L. DISEASE-POLICY LIMIT $ I 1' DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The certificate holder is named as an additional insured. I r`PRTIFICATF HOLDER CANCELLATION ION Collier County Government Center Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and logo are registered marks of ACORD Dana Cavic DATE (MMIDDtYYYY) - CERTIFICATE OF LIABILITY INSURANCE1/I0./20t3 II:zQ AM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER= THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCE& AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerficate holder is an ADDITIONAL INSURED, the poticy(ies) 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 endorsement(s). PRODUCER CONTACT NAME: Highpoint Risk Services LLC eel tAx,No,E.V: (800)72&0623 caTitc.+�l: (972)A04-0390 5501 LHJ Freeway, Suite 1200 1*4%0ome e Dallas, TX 75240 IN§URER9 XlFrORDINGCOVERAGE �NAC11 INSURER A'i:orog—i— Piol d Caaw try C11P­y ,);7 INSURED: Fqui.ty Group Leasing I, Inc 1/C/f, INSURER B: INSURER C: ACC(;-CARENAk. .E;; 231:; N. TAMIIU-11 TRAIL STE 300 INSURER D; NAPLES, €L 34 103 INSURER E: Phone: (21-9) 263-3011 Fax: (139; 263-1552 INSURER F: CnVPRer3FA CERTIFICATE NUMBER: AC13-15400104-1172552 REVISION NUMBER: THIS ,, A TTHE POLIt,II:'u VI' tNbVKA t,c aro, e-.,.. ,.......­,, .. OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP NSRTYPE OF INSURANCE SR D DATE MMIDD/YY DATE .:._..ODm l W EACH OCCURRENCE $ GENERAL LIABILTY PRE AtfsES':IE: COMMERCIAL GENERAL LIABILITY �... MED EXP (Any one person) 4:1CLAIMS MADE OCCUR ❑ ❑ PERSONAL &ADV INJURY $ GENERALAGGREGATE $ PRODUCTS-COMP/OP AGG GEN°L AGGREGATE LIMIT APPLIES PERS POLICY okr7 LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO " _ ALL OWNED AUTOS ❑ ❑ BODILY INURY (Per accident) It SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON -OWNED AUTOS EACH OCCURRENCE S Mm UMBRELLALIAS CLAIMS -MADE A GR_GATE EXCESS LIAB OCCUR El 1:1 DEDUCTIBLE y u RETENTION $ RK PEATION AND EMPLOYERS' LIABILITY YIN ANY PROPERIETORIEXECUTiVE S E EACH ACCIDENT 3 1000000 E. L. DISEASE- EA EMPLOYEE $ 1000000 or+icERwem%EREXCLUDI'_D7 El ❑NIA DPE26272740260 01./01/2013 04/01/2013 E -L. DISEASE -POLICY LIMIT 111 1000000 A rMandaEory In NH) (! yes, describe under SPECIAL PROVISION below OV, CRiPTION OF OPERATiWSILOCATiQNSIVENICLES(AHecAdditional Remsr(s Schodute, it more space is rec(uirod 77� Th' ceYtif',cate rem ins in effect rovlleg the client' acco nt iSp inn gqhhood •tanddtjoq with Equity Grou easin Inc. Qoveraqe i? not rovi.e for a em o O thecem e 1eof Esuitt Group , reEn,1tinc wa es to Nqui.t Cr6 Basin �I, II c• A p nsure i a to CCU- pAR� N I, efp cyiv� e/�1 _�0 gY Y f rde W.kers e snn Tt, i c leae olic or em l.o ees eased from Equity le ro�ipn1.hQng&I£mpno ers labi it as a co -em o er un er ULK I €FILA I r MULUMM F, or I. ._ions, k'�.,.rponos Only" - t 1,�oje�e (tures i.cn�ls I11c..1 j)JI'ias D,)rkw,tf AbCO A itii3, x 7.5254 MO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, REPRESENTATIVE 1988-2010 ACORD CORPUKA A G R E E M E N T 12-5856S for Services For Seniors THIS AGREEMENT, made and entered into on this day of 2015, by and between ADT LLC, authorized to do business in the State of Florida, whose business address is 32100 US Highway 19 North, Palm Harbor Florida 34684, the "Vendor" and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The contract shall be commence on 20_ and terminate no later than June 30, 2018. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1) additional two (2) year periods and monthly thereafter and terminating on June 30, 2018. The County shall give the Vendor 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. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum possible duration for any Vendor under this Request for Proposal (RFP #12-5856S) for Community Care for the Elderly and Alzheimer's Disease Initiative Program funding will be through June 30, 2018. As outlined in the regulations pertaining to this funding source, the County requires the Vendor to contribute a cash or in-kind match of no less than ten percent (10%) for the Community Care for the Elderly (CCE) and Older American Act (OAIIIB) Programs and no match is required for the Home Care for the Elderly (HCE) and Alzheimer's Disease Initiative Program (ADI). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856S, the terms, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Page 1 of 12 Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and Logs, attached herein and incorporated by reference and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: ADT LLC 32100 US Highway 19 North Palm Harbor, Florida 34684 Attention: Samuel C. Dauler, Operations Manager Telephone: (877) 456-1787; Facsimile: (877) 666-4390 E-mail: adthealthreferral@adt.com All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407; Facsimile: 239-252-6480 loanneMarkiewicz@colliergov.net The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. Page 2 of 12 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Vendor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Vendor 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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. Page 3 of 12 B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 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. 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 Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor of this requirement to provide notice. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Vendor, 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 Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Page 4 of 12 Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Community and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate(s), and RFP #12-5856S Scope of Work and any Addendum, Attachment A Contract Rates, and Attachment B Invoice and Logs. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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. 18. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Vendor 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 Page 5 of 12 Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3) stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Vendor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Procurement Ordinance, as amended, and Procurement Procedures and Grantor Agency Requirements. Page 6 of 12 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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 Vendor's personnel and management to be utilized for this contract 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 Vendor's 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 and/or the County's Board approved Executive Summary, 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 Vendor at Owner's discretion. 26. ASSIGNMENT. Vendor 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 Vendor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Vendor all of the obligations and responsibilities that Vendor has assumed toward the County. Page 7 of 12 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight,,: Brock;,C k of Courts V. Dated: l (§04 to Gnai van's „ sora oni1/, First Witness p TTy e/ print witness nameT Sed Witnests/ �^ r i c () Y n� � tlYL £' 1 TType/print witness nameT Approved as to Form and Legality: Assistant County A to ey 5eNt-fPE2 A. -PfDiD Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Y' Donna Fiala Chairman ADT LLC Vendor By: Signature Srrrn e l C- Z) vier" ADT 41&9 TType/print signature and titleT els Opetahm-s r15r• Page 8 of 12 Agreement #12-5856S "Services for Seniors" Attachment A Contract Rates Page 9 of 12 Reimbursement Total Cost Per Item Service Description Grant Service Unit Rate Per Unit to Service Unit Supplier 12. Emergency Alert CCE Per Day 1.09 .98 Response System Page 9 of 12 Agreement #12-5856S "Services for Seniors" Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Service Description Referenced (identified Grant by line) Total Cost In Kind Per Match Service Amount Unit Reimbursement Rate Per Unit to Supplier (Subtract In Kind Match Amount from Total Cost Per Service Unit) Unit Quantity TOTAL AMOUNT (Multiply the Reimbursement Rate Per Unit to Supplier x the Unit Quantity) I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 10 of 12 i cu tv A 0 4 V � C 0 V Q V y LU � C 6> ,y �z L u y W GL C v. rr V ..w a L V ar ou � V C C a � L y L U a on °' V C C a� E a. O' O 'C L G Cd E E 0 C L C O 'C oU w C� d E 0 U QOU V L C O CC = �U w L O Z U � � L QDU C � � •� L rLM ' C v � � �z V V yj E Q Q w a � 3 �z L 0 V y LU �V+ ami i 'aC= x w a� E C i VO1 C� L V ar ou � V C C a o• is y � Q L R E a� E 0 C O 'C C� G E 0 V C L � O oU w L O V � � L QOU L J O � E vz Q O H V H O U C C u o_ •E ,a i u y V� y D C 7 Grr L 7 F as 3 0 H C O L R C bD U ;? A as z C U WE A �® CERTIFICATE OF LIABILITY INSURANCE DATE (YYYY) 091181201512015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE 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(ies) 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 endorsement(s). PRODUCER Marsh USA Inc. 1560 Sawgrass Corporate Pkwy, Suite 300 Sunrise, FL 33323 Attn: FtLauderdale.Certs@marsh.com CONTACT NAME: PHONE FAX A/c No EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC #! INSURER A: ACE American Insurance Company 22667 048953-ADT-GAW-15-16 HHSS INSURED ADT, LLC ADT Security Services INSURER B: Agri General Insurance Company 42757 INSURER C: ACE Fire Underwriters Co 20702 INSURER D: 1501 Yamato Rd. Boca Raton, FL 33431 MED EXP (Any one person) $ INSURER E: PERSONAL & ADV INJURY $ 2,000,000 INSURER F: 11nV1=RAr:FR CFRTIFICATF NIIMRFR- ATL -003443706-03 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. /NSR LTR OF INSURANCE ADDLTYPE IVSD SUER POLICY NUMBER POLICYEFF /YYYY POLICY EXP (MM1QD1YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR SIR: $500,000 Manashi Mukherjee l=ira v«o,v a XSL G27400954 10/01/2015 10/01/2016 EACH OCCURRENCE $ 2,000,000 DAMAGE TO PREMISES aEoccccuErrence $ 1,000,000 X MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 2,000,000 L AGGREGATE LIMIT APPLIES PER: [:]0 PRO JECT ❑LOC I'OTHER: GENERAL AGGREGATE S 4,000,000 PRODUCTS-COMP/OPAGG $ 4,000,000POLICY $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED HIRED AUTOS AUTOS ISA H08865073 10/01/2015 10/01/2016 CEa OMBINED SINGLE LIMIT accide$ 1,000,000 nt BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPER dentDAMAGE $ UMBRELLA LIAR EXCESS LIAR HOCCUR CLAIMS -MADE - EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WLR C48593318 (AOS) WLR C4859332A (TN) 048593331 WI ( ) I 10101/2015 10/01/2015 10101/2015 10/01/2016 10/01/2016 10/01/2016 I )( STATUTE OERH E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Job Number: 0791 Customer Number: 0791 Town Number: 0791 Collier County Board of County Commissioners is included as additional insured where required by written contract with respect to general liability and automobile liability. rF=PTIFIrATF Hni r1FR CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 3327 E. Tamiami Trail Naples, FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee l=ira v«o,v a © 1988-2014 ACORD CORPORATION. All rights reserveo. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD A G R E E M E N T 12-5856S for Services For Seniors THIS AGREEMENT, made and entered into on this ?+� day of 2015, by and between Almost Family PC of SW Florida, LLC, authorized to do business in the State of Florida, whose business address is 851 511, Avenue N, Suite 101, Naples Florida 34102, the "Vendor" and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The contract shall be commence on 1 6—ce&.kfa. 9 , 201 Sand terminate no later than June 30, 2018. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1) additional two (2) year periods and monthly thereafter and terminating on June 30, 2018. The County shall give the Vendor 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. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum possible duration for any Vendor under this Request for Proposal (RFP #12-5856S) for Community Care for the Elderly and Alzheimer's Disease Initiative Program funding will be through June 30, 2018. As outlined in the regulations pertaining to this funding source, the County requires the Vendor to contribute a cash or in-kind match of no less than ten percent (10%) for the Community Care for the Elderly (CCE) and Older American Act (OAIIIB) Programs and no match is required for the Home Care for the Elderly (HCE) and Alzheimer's Disease Initiative Program (ADI). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856S, the terms, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Page 1 of 12 U Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and Logs, attached herein and incorporated by reference and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Almost Family PC of SW Florida, LLC 8515t" Avenue North, Suite 101 Naples, Florida 34102 Attention: Todd Lyles, Sr. Vice President Telephone: (239) 643-3033; Facsimile: (239) 643-3082 E-mail: toddlyles@almostfamile�com All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407; Facsimile: 239-252-6480 IoanneMarkiewicz@collier o� v.net The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. Page 2 of 12 ( D 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Vendor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Vendor 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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. Page 3 of 12 G�_U_D B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 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. 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 Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor of this requirement to provide notice. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Vendor, 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 Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Page 4 of 12 Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Community and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate(s), and RFP #12-58565 Scope of Work and any Addendum, Attachment A Contract Rates, and Attachment B Invoice and Logs. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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. 18. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Vendor 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 Page 5 of 12 Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3) stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Vendor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMSfSERVICES. Additional items and/or services may be added to this contract in compliance with the Procurement Ordinance, as amended, and Procurement Procedures and Grantor Agency Requirements. Page 6 of 12 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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 Vendor's personnel and management to be utilized for this contract 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 Vendor's 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 and/or the County's Board approved Executive Summary, 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 Vendor at Owner's discretion. 26. ASSIGNMENT. Vendor 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 Vendor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Vendor all of the obligations and responsibilities that Vendor has assumed toward the County. a Page 7 of 12 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts By Q Dated:up (Ves�aslaZhaianan's signattrr� bfly.. ,- First Vdness y u. j;1� L -'t / j\,ar-% TType/ print witness nameT - a�A Sec nd fitness S6 W 0) TType/ print witness nameT Approved as to Form and Legality: Assistant Countyfor ey S�-) "j�Kf �. . -Pt-0►C-) Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B `�yawele . By: / Tim Nance, Chairman Almost Family PC of SW Florida, LLC Vendor By: Signatur TType/ print signature and titleT Page 8 of 12 Attachment A Contract Rates Item Services Grant Service Unit Total Cost Per Service Unit Reimbursement Rate Per Unit To Supplier 4. Companion CCE Per Hour 19.60 17.64 5. Homemaking CCE Per Hour 18.561 16.70 6. Shopping Assistance CCE See Item #5 7. Personal Care CCE Per Hour 21.46 19.31 8a. Respite (In -Home) CCE Per Hour 20.00 18.00 8b. Respite (In -Home) ADI Per Hour 20.00 20.00 9. Facility Respite ADI Per Hour 11.00 11.00 10. Escort CCE See Item #7 11. Skilled Nursing CCE Per Hour 35.261 31.73 Page 9 of 12 Agreement #12-5856S "Services for Seniors" Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Service Description Referenced (identified Grant by line) Total Cost Per Service Unit Reimbursement Rate Per Unit In Kind to Supplier Match (Subtract In Amount Kind Match Amount from Total Cost Per Service Unit) TOTAL AMOUNT (Multiply the Unit Reimbursement Quantity Rate Per Unit to Supplier x the Unit Quantity) I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 10 of 12 v O v 9 v � c a 8Q w w �z �c z (3a O u W w � i �U d+ W �I hMGp 6l h CC L V V Q.I CC c c � R L V V � V u c c c. .0 h O x L 0 CC G �V G 0 U x c a V c W L O 0 V b U y, O O cC � [V W L O V � u ° cLa QAV � � L d� y � E u u � °c. a 8Q w 10 e° �z L O U (3a �R. c w dam+ r. �U d+ �c hMGp LC C L h CC L V V Q.I t V u c c a, y o• C'nQ L CC V O x c 0 a e 0 U b U U C L" � O V c W L O U u � V v � � r-+ y � 8 c Vz �J m u A 0 W 0 U C O � O i. z/i y A C C Cd L L .0 b 3 0 H c 0 C C b�A U v A z C U x LIABILITY 9 i ' INSURANCE E 1®12/29/2015 DATE (MM/DDCERT/YYYI') THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE 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(ies) must be endorsed. If SUBROGATION IS WAIVE&, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Louisville/ Assured Neace Lukens Insurance Agency, Inc. 2305 River Road Louisville, KY 40206 CONTACT NAME: Jenny Williams PHONE (502} 894-2100 ac, No): : (502) 894-8602 A/C No Ext E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE X INSURER A: Homeland Insurance Co of NY MFL-004029-0615 INSURED Almost Family, Inc. See Attached ADDITIONAL REMARKS INSURER B: Charter Oak Fire Insurance Co E25674 INSURER C: Travelers Indemnity Company tY p Y INSURER D: Travelers Property Casualty Co of Ameri for all Named Insureds & FL Locations 9510 Ormsby Station Road #300 Louisville, KY 40223 INSURER E INSURER F GENERAL AGGREGATE $ 3,000,000 CUVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE OCCUR X Prof Liab $1 M Ea Cla X MFL-004029-0615 06/01/2015 06/01/2016 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ Included X Prof Liab $3M Aggr PERSONAL &ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- JECT LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OPAGG $ Included OTHER: EBL AGGREGATE $ 3,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 9,000,000 A EXCESS LIAB X CLAIMS -MADE MFX-002004-0615 06/01/2015 06/01/2016 AGGREGATE $ DED FXTRETENTION 5,000 PolicyAggregate $ 9,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y® OFFICER/MEMBER EXCLUDED? N /A TC20-UB-134D7073-15 06/01/2015 06/01/2016 I PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C Workers Compensation TRK -UB -134D7085-15 06/01/2015 06/01/2016 SEE BELOW D Excess Workers Comp TWXJ-UB-134D7061-15 06/01/2015 06/01/2016 See BELOW DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WC Retro (MA ONLY) - Carrier: Travelers Indemnity Company Employers Liability Limit: $1,000,000 - Each Accident $1,000,000 - Disease - Policy Limit $1,000,000 - Disease - Each Employee SEE ATTACHED ACORD 104 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. (or Collier County Government) 3327 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE G,A U 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ALMOFAM-01 LOC #: 1 ADDITIONAL JWILLIAMS Page 1 of 4 AGENCY NAMED INSURED Louisville/ Assured Neace Lukens Insurance Agency, Inc. Almost Family, Inc. See Attached ADDITIONAL REMARKS for all Named Insureds & FL Locations POLICY NUMBER EE PAGE 1 9510 Ormsby Station Road #300 Louisville, KY 40223 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NiJMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: OH Excess WC (OH ONLY) - Carrier: Travelers Property Casualty Company of America Employers Liability Limit: $1,000,000 - Each Accident $1,000,000 - Disease - Policy Limit $1,000,000 - Disease - Each Employee Combined General Liability and Professional Liability Policy. General Liability Coverage includes the following coverages under the $1,000,000 Each Claim Limit and also subject to the $3,0000,000 Aggregate for All Claims: Personal and Advertising Injury Products and Completed Operations Hired and Non -Owned Auto Liability Coverages are included on an Occurrence Basis with the following limits - $1,000,000 Each Claim and Aggregate Also, Medical Payments coverage is included with limits of $5,000 Each Accident and $25,000 Aggregate. The Excess/Umbrella Policy Limits are as follows: Form A - Follow Form Excess Liability - $9,000,000 Each Claim and $9,000,000 Aggregate for All Claims Form B - Umbrella Liability - $9,000,000 Each Claim and $9,000,000 Aggregate for All Claims POLICY AGGREGATE - $9,000,000 Collier County Board of County Commissioners is included as additional insured as respects general liability when required by written contract, subject to policy conditions, terms & exclusions. Remarks "Certificates for FL Regulatory Offices" Almost Family PC of Ft. Lauderdale, LLC 1. 5440 NW 33rd Ave,, Suite 111, Ft. Lauderdale, FL 33309 Almost Family PC of SW Florida, LLC 1. The Collier Commercial Building, 851 Fifth Avenue, North, Suite 101, Naples, FL 34102 2. 5741 Bee Ridger Road, Suite 230, Sarasota, FL 34233-5064 Almost Family PC of West Palm, LLC 1. Four Harvard Circle, Suite 900, WestPalm Beach, FL 33409 Caretenders Visiting Services of St. Augustine, LLC 1. 6789 Southpoint Parkway, Suite 200, Jacksonville, FL 32216 2. 310 Wilmette Avenue, Suite 4, Ormond Beach, FL 32174 Mederi Caretenders VS of Broward, LLC 1. 4901 NW 17th Way, Suite 104 Ft. Lauderdale, FL 33309 2. Four Harvard Circle, Suite 950, West Palm Beach, FL 33409 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ALMOFAM-01 LOC #: 1 RIT MIA AGENCY NAMED INSURED Louisville/ Assured Neace Lukens Insurance Agency, Inc. Almost Family, Inc. See Attached ADDITIONAL REMARKS for all Named Insureds & FL Locations POLICY NUMBER EE PAGE 1 9510 Ormsby Station Road #300 Louisville, KY 40223 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Mederi Caretenders VS of SE FL, LLC 1. 1285 36th Street, Suite 202 Vero Beach, FL 32960 2. 1800-1801 SE Port St. Lucie Boulevard, Morningside Professional Plaza, Port St. Lucie, FL 34952 3. 824 US Highway One, North Palm Beach, FL 33408 Caretenders Visiting Services of District 7, LLC 1. 3800 W. Eau Gallie Blvd., Suite 103, Melbourne, FL 32935 Caretenders Visiting Services of St. Augustine, LLC 1. Anderson -Gibbs Building, 301 Health Park Blvd., Suite 110 St. Augustine, FL 32086 Mederi Caretenders VS of SW FL, LLC 1. 6150 Diamond Center Court, Bldg 600 Suite A&B Ft. Myers, FL 33912 2. 3459 Pine Ridge Road, #801, Naples, FL 34109 3. "Sarasota Medical Center", 5741 Bee Ridge Road, Suite 230, Sarasota, FL 34240 4. 18501 Murdock Circle, Suite 308, Pt. Charlotte, FL 33948 Caretenders Visiting Services of District 6, LLC 1. 4201 Whidden Blvd., Unit #OOA37, Port Charlotte, FL 33980 2. 201 2nd Street East, Bradenton, FL 34208 3. 3806 Manatee Ave. W, Suite 100, Bradenton, FL 34205 4. 306 S. 10th St., Suite 340, Haines City, FL 33844-5602 5. 18501 Murdock Circle, Suite 308, Pt. Charlotte, FL 33948 6. 2155 US 27 South Sebring, FL 7. "Sarasota Medical Center", 5741 Bee Ridge Road, Suite 230, Sarasota, FL 34240 8. 1802 59th Street West, Bradenton, FL 34209 9. 306 S. 10th Street, Suite 340, Haines City, FL 33844-5602 Caretenders Visiting Services of Orlando, LLC 1. 474 South Northlake Blvd., Altamonte Springs, FL 32701-5245 2.1167 Miranda Lane, Kissimmee, FL 34741 Caretenders Visiting Services of Gainesville LLC 1. 3593 NW Devane Street, Lake City, FL 32055 2. 4923 NW 43rd Street, Suite A Gainesville, FL 32606 3. 210 South Lake Suite 10, 11 Leesburg, FL 34748 4. 95 NW 253rd Street, Newberry, FL 32669 5. The Village, 8109 NW 27th Boulevard, Gainesville, FL 32606 Caretenders Visiting Services of Hernando County LLC 1. 3900 Crill Avenue Palatka, FL 32177 2. 2400 S. US Hwy 27, Clermont, FL 34711 3. 12106 Cortez Blvd., Brooksville, FL 34613-5514 4. 2210 and 2212 West Highway 44 West, Inverness, FL 34453 5.1554 Bella Cruz Drive, The Villages, FL 32159. Caretenders Visiting Services of Ocala, LLC 1. 1333 SE 2th Loop, Suite 102, Ocala, FL 34471 2. 8960 SW Hwy. 200, Unit 5, Ocala, FL 34481 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ALMOFAM-01 LOC #: Page 3 of 4 AGENCY NAMED INSURED Louisville/ Assured Neace Lukens Insurance Agency, Inc. Almost Family, Inc. See Attached ADDITIONAL REMARKS for all Named Insureds & FL Locations POucY NUMBER EE PAGE 1 9510 Ormsby Station Road #300 Louisville, KY 40223 CARRIER _ NAIC CODE EE PAGE 1 SEE P 1 EFFECTNE DATE: SEE PAGE 1 rruRIui•Hr-1111■ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Caretenders Visiting Services of Pinellas County LLC 1. 6445 102nd Ave. North Pinellas Park, FL 33782 2. 7615 Little Road, New Port Richey, FL 34654 Mederi Caretenders VS of Tampa, LLC 1. Lakeside Village, 1476 Town Center Drive, Suite N-211 Lakeland, FL 33803 2. University Professional Center, 3500 E. Fletcher Ave., Suite 100, Tampa, FL 33613 Home Health Agency - Hillsborough, LLC 1. 139 South Pebble Blvd., Suite 201, Sun City Center, FL 33573 Caretenders of Jacksonville, LLC 1. 6789 Southpoint Parkway, Suite 200, Jacksonville, FL 32216 2. 6789 Southpoint Parkway, Suite 100, Jacksonville, FL 32216 3.1425 Hand Avenue, Suite 1, Ormond beach, FL 32174 4. Dunn Avenue West Office Park, 3890 Dunn Avenue, Suites 103 & 104, Jacksonville, FL 32218 5. 155 Blanding Blvd., Suite 1 Orange Park, FL 32073 6. Harley Office Complex, 775 Harley Stickland Blvd., Suite 108 Orange City 32763 7. 2237 Riverside Ave., Jacksonville, FL 32204 8. Las Palmas, 70 Town Court, Palm Coast, FL 32137 OMNI Home Health - District 1, LLC 1. 8800 University Parkway, Ste C-3, Pensacola, FL 32514-4928 OMNI Home Health - District 2, LLC 1.1617 Tennessee Ave., Lynn Haven, FL 32444-3652 OMNI Home Health - District 2, LLC dba SunCrest Omni 1. 2343 Hansen Lane, Suite 1, Tallahassee, FL 32301-4888 OMNI Home Health" - District 4, LLC 1. 2651 Park Street, Jacksonville, FL 32204-4519 OMNI Home Health- Hernando, LLC 1. 4359 South Suncoast Boulevard, Homosassa, FL 34446-1181 2.183 SW Bascom Norris Drive, Lake City, FL 32025 3. 4045 NW 43rd Street, Suite B, Gainesville, FL 32606-4608 4. 3200 SW 34th Avenue, Suite 301 , Ocala, FL 34474-7463 5. 700 Zeagler Dr. Suite 6, Palatka, FL 32177-3826 Omni Home Health - Jacksonville, LLC 1. 9143 Phillips Highway, Suite 170, Jacksonville, FL 32256-1361 Home Health Agency, Pinellas, LLC 1. 2430 Estancia Blvd., Suite 201, Clearwater, FL 33761-2644 Home Health Agency- Collier, LLC ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID. AU0OFAM-01 LOC #: 1 AGENCY NAMED INSURED Louisville/ Assured Neace Lukens Insurance Agency, Inc. Almost Family, Inc. See Attached ADDITIONAL REMARKS for all Named Insureds & FL Locations POLICY NUMBER SEE PAGE 1 9510 Ormsby Station Road #300 Louisville, KY 40223 CARRIER NAIC CODE ADDITIONAL REMARKS THIS AoomomAL REMARKS FORM IS ASCHEDULE TomCORoFORM, FORM NUMBER: A£ORDL25. FORM TITLE: Certificate of Liability insurance 1.52GOStation Way, Building B.Sarasota, FL34283-32%2 BGRAcquisition, LLC 1.Town Center | Office Building, Suite 1O0'475West Town Place Augustine, FL32U8G'318O Home Health Agency 'Brevard, LLC 1.78VS.Apollo B|vd,Suite 1OG.Melbourne, FL328O1'14O2 2. 720 W. Oak St., Suite 303. Kimaimmoo, FL 34741-4992 8unnrmstHome Health ofCentral FL, LLC 1.984Douglas Ave,Suite 1OO,Altamonte Springs, FL82714-2n88 8unumotHome Health ofTampa, LLC 1.2OO8.Hoover B|vd.,Suite 18O,Tampa, FL33GO9'J597 SuncmntOutpatient Rehab Services, LLC i.1sOnoak Street, Jacksonville, FL 32204'3911 ||ngoninoHealth Co'Inc. |1. 7406Fullerton Street, Suite 3O0.Jacksonville, FL32258 a^vnu/mt/vvmvv mzyooAconoCORPORATION. All rights reserved. 7he4onRD name and logo are registered marks of AooRD A G R E E M E N T 12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this day of�,�1.,, 19 ,-- , 2012, by and between Bidwell Horne Care Service LLC, d/b/a Home Instead Senior Care authorized to do business in the. State of Florida, whose business address is 10621 Airport -Pulling Road, Suite 1, Naples, Florida 34109, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on ec-,_,,,,,Lcr (t 2012 and shall terminate on _).f,,.,Lx_,,- I v, 2014. The Contract award is a two (2) year contract, with the possibility of two (2) additional two (2) year terms pending funding from grantors and acceptable performance by the awarded vendor. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum duration for this Contract for CCE, HCE and ADI funding will not exceed six (6) years (through June 30, 2018). As outlined in RFP #12-5856, the County requires the Vendor to contribute a cash or in-kind match of no less than ten (10) percent for all services related to the Community Care for the Elderly Program (CCE). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856, the terns, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or I -Lis designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and .Logs, attached herein and incorporated by reference, and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page 1 of 11 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Bidwell Home Care Service, LLC 10621 Airport -Pulling Road, Suite 1, Naples, FL 34109 Attention: Laura Gillian, Administrator Telephone: 239-596-2030; Facsimile: 239-596-9532 E-mail: laura.gillian@homeinstead.com All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Purchasing/ GS Director Telephone: 239-252-8407; Facsimile: 239-252-6480 The Vendor and the County may change the above contact information at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government Page 2 of 11 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of I 1 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veterans Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out Page 4 of 11 verbatim: Vendor's Proposal, Insurance Certificate, and RFP #12-5856 Specifi- cations/Scope of Services, Attachment A Contract Rates and Attaclunent B Invoice and Logs. If a conflict arises between the documents, the order of precedence shall be: this Contract, the County's RFP #12-5856, the terms and conditions of the grant, and the Vendor's proposal. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy and Grantor Agency Requirements. 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 Page 5 of 11 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. *****************Remainder of Page Intentionally Left Blank***************************** Page 6 of I I IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts qTj First Witness TType/print witness nameT Second Witness JlA'�e- TType/print witness nameT Approved as to form and legal sufficiency: Assistant Aunty Attorney Pr nt Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA n IN Fred W. Coyle, Chairman S id VV 6 I HDYKe (&Y-6 cervi(. LLC , d/b/a Home Instead Senior Care Vendor B i Signature Typed signature and title Page 7 of 11 Agreement #12-5856 "Services for Seniors" Attachment A Contract Rates Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Total Cost Per Reimbursement Item Service Description Grant Service Unit Service Unit Rate Per Unit to Supplier 1. Adult Day Care CCE Per Hour $11.00 $9.90 2. Chore CCE Per Hour 19.57 17.61 3. Enhanced Chore CCE Per Hour 25.21 22.69 (Requires two (2) or more workers performing multiple tasks at the same time.) 4. Companion CCE Per Hour 19.60 17.64 5. Homemaker I (includes CCE Per Hour 18.56 16.70 Shopping Assistance (RFP #6 Shopping Assistance Service 6. -` Sho" in _Assistance: See Item # 5 - 7. Personal Care (RFP #10 CCE Per Hour 21.46 19.31 Escort Service 8a Respite -Home CCE Per Hour 20.00 18.00 8b. Respite (In -Home) ADI Per Hour 20.00 20.00 9. Respite (In -Facility) ADI Per Hour 11.00 11.00 10. Escort See Item #'7 11. Skilled Nursing CCE Per Hour 35.26 31.73 12. Emergency Alert CCE Per Day 1.09 .98 Response System 13a. Specialized Medical CCE Per Episode Catalog in effect Catalog -ten (10) Equipment, Services, in September percent in effect in and Supplies 2012 September 2012 13b, Specialized Medical ADI Per Episode Catalog in effect Catalog in effect in Equipment, Services, in September September 2012 and Supplies 2012 Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Service Description Referenced (identified Grant by line) Total Cost per Service Unit Reimbursement Rate Per Unit In Kind to Supplier Match (Subtract In Amount Kind Match Amount from Total Cost Per Service Unit) TOTAL AMOUNT (Multiply the Unit Reimbursement Quantity Rate Per Unit to Supplier x the Unit Quantity) I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 A 0 H cu A 0 w U d U �UIG.m W �,a � w .� bA Ln �z L O U W i x w a`x ° c' L=U L U bA a y L L cz 0 0 c Q. E 0 U ,o U L. [ D RS ., U w L 0 U ^d C CJ C f U uz UZ V U � w .� bA Ln �z O U i aux ° c' L=U H =14 L x cz 0 a 0 U .a ad a v. O' 9 :C L w v- 0 U ^d C CJ f uz 9 h w v m cu A ++ p b H 64 z 10 w 0 U Y ,C y p. w U1 u2 rr 3 I s i A a� U it cr G w U' 7 ACC)R o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD(YYYY) 12/04/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE 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(ies) 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 endorsement(s). PRODUCER Lockton Risk Services CONTACT NAME: PHONE 800-434-7607 Fax A1C No E-MAIL ADDRESS: P.O. Box 410679 INSURER(S) AFFORDING COVERAGE NAIL# Kansas City, MO 64141-0679 INSURER A: Columbia Casualty Company 31127 MED EXP (Any one person) $ 5,000 INSURED Bidwell Service Care, LLC dba Home Instead Senior Care; Bidwell Home Care Service, LLC 16320 South Tamiami Trail, #21_4 INSURER B INSURER C: INSURER D INSURER E: Ft Myers, FL 33908 INSURER F A COVERAGES CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO 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 TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR! LTR , TYPE OF INSURANCE ADDLISUBR POLICY EFF POLICY NUMBER MM/DD POLICY EXP MMIDD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IOCCUR X HCA -0419730883-2 01/14/2012 _ 01/14/2013 EACH OCCURRENCE $ 2, 000, 000 DAMAGE TO RENTED 300, 000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 2, 000, 000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY Ili PRO- JFCT 7 LOC PRODUCTS - COMPIOP AGG $ Included I $ A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED A AUTOS " X NON -OWNED HIRED AUTOS AUTOS HCA -0419730883-2 01/14/2012 01/14/2013 COMBINED SINGLE LIMIT Ea accident $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIEfORIPARTNER/EXECUTIVp--� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WC STATU- IOTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLO E.L. DISEASE -POLICY LIMIT $ A Professional Liability Occurrence Form IHCA-0419730883-2 '01/14/2012 01/14/2013 Each Claim $2,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) See Attachmenz for Additional Coverage Information -r-DTICIr`ATF HOLDER CANCELLATION Ccllier County Human Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 E. Tamiami Trail ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHOR REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 10702556 719432 AGENCY CUSTOMER ID: 719432 LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 Of 1 L AGENCY NAMEDINSURED Lockton Risk Services Bidwell Service Care, LLC dba Home Instead Senior Care; Bidwell Home Care Service, LLC POLICY NUMBER: HCA -0419730883-2 CARRIER NAIC CODE Columbia Casualty Company 31127 EFFECTIVE DATE: 01/14/2012 nn[TinNAI REMARKS THIS ADDITIONAL REMARKS SECTION IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance LIMITS Subject to Liability Coverage Aggregate of $4,000,000 Sexual Misconduct Liability/Per Occurrence $ 250,000 Sexual Misconduct Liability/Aggregate $ 250,000 Employee Benefits Liability Claims Made Per Claim $1,000,000 Employee Benefits Liability Claims Made Aggregate $1,000,000 Employee Dishonesty Coverage Limit of Insurance $ 100,000 Employee Dishonesty Coverage Deductible $ 1,000 Third Party Theft Bond/Limit of Insurance $ 25,000 Third Party Theft Bond/Deductible $ 1,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD cnalaccertat DEC/`1Lt'?012/`iF,: 04 2' N Home Instead F:" -A?, Fci. 230_126:022 P. 0"'1100, Prom:SUMMIT CONSULTING To12302260022 MICHELLE Mzg#293181.0,4 12/14/2012 15144 Page 2 of CERTIFICATE OF LIABILITY INSURANCE 12/i 4/2'01Imml 2 } THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE 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 cartificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION eS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this CertifGate does not confer rights to the certificate holder in lien of such endorsement(s), PRODUCER SME:CTJanis Linda Russell PXC.N Ext: (727) 364 1928 F c N,: (727) 799-3958 Russell Insurance Agency, Inc. ..,,.~._._..---.---•-_---�•----.__—_._____, ______..__,._ 1750 Carlisle Farms Dr Traverse City, MI 49696 _- --_- INSU111111 AFF*Ftos SiCOVERAGE _,___- N_AICiI '1 --1 IHsuR6RA: Retail First Insurance Company 10700 � INSURED INSURER e w_ _._.__..__.--.--.--••---.—__.—_.____..-----• - -----. Bidwell Service Care, LLCI%UMME—ec �. ,,�._..____,.._,_._.__,_.__.__._.____.------._..__.___ __--•----._._ Home Instead Senior tare 10621 Airport Pulling Rd Ste 1NSURERE_ _,__ _.__,__ i ••„_•—__ Naples, FL 34109-1599 ^ ""”" ___.....__._.__,._._.___.__.- INSURER F: rnvaQAr_r:� CERTIFICATE NUMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE P041CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INUICAI LU. NOI WI I HS IA.NOING ANY KtQVIKLMtN 1, 1 LKM 0" CONDI I IDV 01h ANY CON I HACI CK Q I HEN L)O(CUMtN I WI IM KtSIJLC 1 10 WHICH I HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURAVCE AFFORDED BY THE POLICIES DESCRIBE(] HCR12IN 15 SUCUECT TO ALL THE TERMS, EXCLUSICNSAND CONDITIONS OF SUCH POLCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iYR TYPE IN5URAMCE wool !INR L6R WYO' FOLICYNUMBER POLICY EFF MANb'ym PO Uri fRM;GONYYY LIMITS GENERALLIABILRY EA.CHOCCURRENCE $ - _._.... --1 ,"i0"IZE}w(tE15 _.__._....._-•--•-•----.._._ Alts nnumERr.IAI SFNFRAI I IAA I nY I-- CLAIMS -MADE E_J OCCUR :,MED EXP (Any one peraon)-- j S -...-_-.--._...._--- ----- _—._-.._ _ I PERSONALE A'JV INJURY 15 ..... .......... I. ......... _... ..... .._. - - - GENERALAOGREGATE 3 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - CQMPJOP AGG $ .I f POLICY{ PR0 LOG I S I A4TOMOGILE LIABLITrFz CDMBINEU SING=114171 a_r.� r« N« .- _. A ._.__.._-..•--•-•-__--•- I e001LY'NJURY(Per person) S ANYAUrrO I€ BODILY N�URY(FeraccldenO S ALL(hVNtU SL:ntWULku f AUTOS AUTOS NON OWNED 1107ER7V DAMAGE Per acdderL $ HIRED AUTCS AUTOS S i 1 f-! UMBR£LLALIAB CCtLIA. EACHCCcuAAENCE S 1 EXCESS LUIS CLAIM&MADE AGGREGATE $ $ i DED RETENTIONS WORKERS COMPENSATIONQ520-325132 alnarzal z 0111812013 X NC 5TATU- :DTH ' AND EMPLOYERS' LMLITY Y! N ANY PROPRIETCRIPARTNERAVECUTIVE I OFFI:MIMEMSEREXCLUDE07 NIA E•L. EACH ACC DEMI' S aU0,000 (Manddcry rn N14)C.L. 015f1tSC CACr,APLOYCC =....__--..__. 500,000 Itee deeclbeunder O S�RIPf,ON -W r.PKRATIONS MMw E.,L. OISEASE - POLICY LIMIT S 500,000 l OESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (ARaoh ACORD 171, Add1Uoagl Ran Ar10 3060Vla, if mon apace ie rnuirsdl Item 3. A.: Workers Compensation Insurance applies to the Workers Compensation Law of the states listed here; Florida r-roTrclrA•rc unI nee CANCFI 1 ATInN Collier County Govemment 3327 Tarr4ami Tri E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Naples, FL 34112-4901 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REARMENTATIVE Carol Sipe 2ye�_ ACORD Z512010111.5) 0 1 980-201 0 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,V A G R E E M E N T 12-5856 RISK MANAGENIEN for Services for Seniors THIS AGREEMENT, made and entered into on this _jf�day of Der, r, k,. kc r 2012, by and between Eleven Ash Inc. d/b/a Health Force authorized to do business in the State of Florida, whose business address is 2576 Summerlin Commons Way, Suite 702, Fort Myers, Florida 33907, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on Doc 6&- 11 2012 and shall terminate on Ute-e.6p-, jd 2014. The Contract award is a two (2) year contract, with the possibility 4 two (2) additional two (2) year terms pending funding from grantors and acceptable performance by the awarded vendor. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum duration for this Contract for CCE, HCE and ADI funding will not exceed six (6) years (through June 30, 2018). As outlined in RFP #12-5856, the County requires the Vendor to contribute a cash or in-kind match of no less than ten (10) percent for all services related to the Community Care for the Elderly Program (CCE). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856, the terms, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and Logs, attached herein and incorporated by reference, and upon approval by the Contract Manager or his designee,, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page 1 of 11 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Health Force J(576 Summerlin Commons Way, Suite 702, Ft. Myers, FL 33907 Attention: Charlene Miller, Administrator Telephone: 239-275-4747; Facsimile: 239-275-4210 E-mail: cmiller@health-force.us All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Purchasing/GS Director Telephone: 239-252-8407; Facsimile: 239-252-6480 The Vendor and the County may change the above contact information at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government Page 2 of 11 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of 11 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veterans Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out Page 4 of I 1 verbatim: Vendor's Proposal, Insurance Certificate, and RFP #12-5856 Specifi- cations/ Scope of Services, Attachment A Contract Rates and Attachment B Invoice and Logs. If a conflict arises between the documents, the order of precedence shall be: this Contract, the County's RFP #12-5856, the terms and conditions of the grant, and the Vendor's proposal. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMSLSERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy and Grantor Agency Requirements. 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 Page 5 of 1 I faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. *****************Remainder of Page Intentionally Left Blank***************************** Page 6 of 11 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Da E. Brock, Clerk of Courts A r (SEAQ ��}'�..,• `._ `test air to ( t 0w % First Witness v ype/print witness name Second Witness Type/print witness name Approved as to form and legal sufficiency: I (10A ; L�7-� Assistant dunty Attorney 1—• -eve " rint Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA W. Coyle, Eleven Ash Inc. dlb/a Health Force Vendor �o Signature .►l�d�P�l�q���� ��{MIV11S�fai�. Typed signature and title Agreement #12-5856 "Services for Seniors" Attachment A Contract Rates Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Total Cost Per Reimbursement Item Service Description Grant Service Unit Service Unit Rate Per Unit to Supplier 1. Adult Day Care CCE Per Hour $11.00 $9.90 2. Chore CCE Per Hour 19.57 17.61 3. Enhanced Chore CCE Per Hour 25.21 22.69 (Requires two (2) or more workers performing multiple tasks at the same time.) 4. Companion CCE Per Hour 19.60 17.64 5. Homemaker' (includes CCE Per Hour 18.56 16.70 Shopping Assistance (RFP #6 Shopping Assistance Service 6. Shopping Assistance See Item # 5 7. Personal Care (RFP #10 CCE Per Hour 21.46 19.31 Escort Service 8a. Respite In -Home CCE Per Hour 20.00 18.00 8b. Respite (In -Home) ADI Per Hour 20.00 20.00 9. Respite (In -Facility) ADI Per Hour 11.00 11.00 10. Escort See Item # 7 11. Skilled Nursing CCE Per Hour 35.26 31.73 12. Emergency Alert CCE Per Day 1.09 .98 Response System 13a. Specialized Medical CCE Per Episode Catalog in effect Catalog -ten (10) Equipment, Services, in September percent in effect in and Supplies 2012 September 2012 13b. Specialized Medical ADI Per Episode Catalog in effect Catalog in effect in Equipment, Services, in September September 2012 and Supplies 2012 Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Service Description Referenced (identified Grant by Total Cost Per Service Unit Reimbursement Rate Per Unit In Kind to Supplier Match (Subtract In Amount Kind Match Amount from Total Cost Per Service Unit) TOTAL AMOUNT (Multiply the Unit Reimbursement Quantity Rate Per Unit to Supplier x , the Unit Quantity) I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 a 9 U EA W b b0 �z o; 'U h W N � W Y O CC G L U A, GA V< O`O •� Y � O L L' GC RS O CO iy O U d U U W 0 U CU O L Q << U L O O U 4 EA W ,a bn �z a 'U W N � W U � O G � �Ua� A, an � q" C .py � O L' RS O C� i:. O U V L Ci 'O U W 0 U CU O L eCAU UZ M v O w w 0 Cd a 0 U 34 a A _c a 3 E- a 0 L .7 Q bA C U 'A en z U w 0 Cd a ELEVASH-01 GONZALEZR CERTIFICATE OF LIABILITY INSURANCE DA711212 DIYYYY) 1!2!2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE 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 pollcy(les) 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 Ileu of such endorsement(s). PRODUCER Insurance Office of America - LNG 1855 West Slate Road 434(Al Longwood, FL 32750 MAµTACT Raquel Gonzalez PHONE 407 788-3000 FAX No): 407 788-7933 No Exl DD Riess: Raquel.Gonzalez@ioausa.com INSURERS AFFORDING COVERAGE MAIC II INSURERA:Evanston Insurance Co 35378 INSURED Eleven Ash, Inc. dba Health Force 5276 Summerlin Commons Way Suite 702 Fort Myers, FL 33907 INSURERB:Michi an Commercial Ins Mutual 10998 INSURERC: INSURERD: INSURER E: INSURER F cnil cpAt=Pc f`FRTIFIC:ATF NtIMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. INSR LTR TYPEOFINSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDDIYYY POLICY P MWOD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx] OCCUR SM•891210 1212712012 1212712013 EACH OCCURRENCE $ 1,000,000 AMAGE TO RENTED PREM SES Ee oowrrenoe $ 50+000 MED EXP (Anyone person) $ 5,000 PERSONAL A ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 [GEN'L AGGREGATELIMITAPPLIESPER: PRO LOG POLICY PRODUCTS-COMP/OPAGG $ 1,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIREDAUTOS X NON -OWNED AUTOS SM -891210 12127/2012 12127/2013 COMBINED SINGLE L IT 1,000,000 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY ENT) AMAGE $ A X UM13RELLALIAO EXCESSLUIB X OCCUR CLAIMS -MADE UM -800046 12/27/2012 12127/2013 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION$ $ B COMPENSATION AND EMPLOYERS' LIABILITY YIN1,000,000 ANY PROPRIETORIPARTNEWEXECUTIVEF-1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below NIA WC100-0016128-2012A 12124/2012 1212412013 X WC STATU- O R LIMITWORKERS E.L. EACH ACCIDENT $ 1 000,000 E.L ,DISEASE -EA EMPLOYE § , E.L. DISEASE - POLICY LIMIT § 1,000,000, A Professional Llab SM -891210 12127/2012 1212712013 Annual Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS) VEHICLES fAttach ACORD I Di, AddItIonal Atuniulks Schedule, If more space Is requIred) REF: Contract - 05.3823 Collier County BCC Is addlilonal Insured as respects to general liability as required per written contract GEKTIFIGATE HULUEK L,,KNL,ELLAIIUIY Collier County BCC Purchasing Department Attn: Diana Deleon 3301 Tamlaml Trall East Building G SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C%' /�'r ©1988-2010 ACORD GORPOKAI IUN. Ali rlgnts reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the, certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 'FORD 25 (2001/08) A G R E E M E N T 12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this day of lie[ -le -m bt4 , 2012, by and between Lifeline Systems Company d/b/a Philips Lifeline authorized to do business in the State of Florida, whose business address is 111 Lawrence Street, Framingham, Massachusetts 01702, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on 2012 and shall terminate on/ z 2014. The Contract award is a two (2) year contract, with the possibility of two (2) additional two (2) year terms pending funding from grantors and acceptable performance by the awarded vendor. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum duration for this Contract for CCE, HCE and ADI funding will not exceed six (6) years (through June 30, 2018). As outlined in RFP #12-5856, the County requires the Vendor to contribute a cash or in-kind match of no less than ten (10) percent for all services related to the Community Care for the Elderly Program (CCE). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856, the terms, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and Logs, attached herein and incorporated by reference, and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page 1 of 12 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Philips Lifeline 111 Lawrence Street, Framingham, MA 01702 Attention: Janice Morison, Manager, Contract Administrator Telephone: 508-988-1868; Facsimile: 800-548-7695 E-mail: audra.tella@philips.com and janice.morison@philips.com All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Purchasing/GS Director Telephone: 239-252-8407; Facsimile: 239-252-6480 The Vendor and the County may change the above contact information at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government Page 2 of 12 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of 12 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veterans Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out Page 4 of 12 verbatim: Vendor's Proposal, Insurance Certificate, and RFP #12-5856 Specifi- cations/Scope of Services, Attachment A Contract Rates and Attachment B Invoice and Logs. If a conflict arises between the documents, the order of precedence shall be: this Contract, the County's RFP #12-5856, the terms and conditions of the grant, and the Vendor's proposal. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy and Grantor Agency Requirements. 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 Page 5 of 12 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. *****************Remainder of Page Intentionally Left Blank***************************** Page 6 of 12 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: - SZ :C Dated- �3 First Witness Audra M. Tella TType/print witness nameT Second Witness Cynthia Dikun TType/print witness nameT Approved as to form and legal sufficiency: Assistant unty Attorney P •int Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA n BE W. Coyle, Chairman Lifeline Systems Company d/b/a Philips Lifeline Vendor r, vJ By: / Signature Janice Morison, Mgr. Contracts Administration Typed signature and title Page 7 of 12 Agreement #12-5856 "Services for Seniors" Attachment A Contract Rates Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Total Cost Per Reimbursement Item Service Description Grant Service Unit Rate Per Unit to Service Unit Supplier 1. Adult Day Care CCE Per Hour $11.00 $9.90 2. Chore CCE Per Hour 19.57 17.61 3. Enhanced Chore CCE Per Hour 25.21 22.69 (Requires two (2) or more workers performing multiple tasks at the same time.) 4. Companion CCE Per Hour 19.60 17.64 5. Homemaker' (includes CCE Per Hour 18.56 16.70 Shopping Assistance (RFP #6 Shopping Assistance Service 6. Shopping Assistance See Item # 5 7. Personal Care (RFP #10 CCE Per Hour 21.46 19.31 Escort Service 8a. Respite In -Home CCE Per Hour 20.00 18.00 8b. Respite (In -Home) ADI Per Hour 20.00 20.00 9. Respite (In -Facility) ADI Per Hour 11.00 11.00 10. Escort See Item # 7 11. Skilled Nursing CCE Per Hour 35.26 31.73 12. Emergency Alert CCE Per Day 1.09 .98 Response System 13a. Specialized Medical CCE Per Episode Catalog in effect Catalog -ten (10) Equipment, Services, in September percent in effect in and Supplies 2012 September 2012 13b. Specialized Medical ADI Per Episode Catalog in effect Catalog in effect in Equipment, Services, in September September 2012 and Supplies 2012 Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Service Description Referenced (identified Grant by line) Total Cost Per Service Unit Reimbursement Rate Per Unit In Kind to Supplier Match (Subtract In Amount Kind Match Amount from Total Cost Per Service Unit) TOTAL AMOUNT (Multiply the Unit Reimbursement Quantity Rate Per Unit to Supplier x the Unit Quantity) I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 12 Vendor Name, Address From Date Weekly Service Log To Date: By client, provide the total number of hours provided during the dates of service. This log must be for the Invoice From Date and To Date. Grant Client Name (Funding Source) Adult Enhanced Day Chore Chore Care Companion Homemaker Shopping Personal Assistance Care Respite (In- Home) Res] (L Faci Grant Adult Enhanced Client Name (Funding Day Chore Chore Source) Care Companion Homemaker Shopping Assistance Respite Res] Personal Care (In- (I1 Home) Faci Weekly Client Service Time Sheet Vendor Name and Address By client, provide the Weekly Client Service Time Sheet provided during the dates of service. This all invoices for the Invoice From Date and To Date. From Date To Date: Client Name Client Signature Mon Tue Wed Thurs Fri Sat Sun Servii Descrip Service Dates 212 345-5000 12/3/2012 10,29;46 AM PAGE 2/004 Fax Server Ac"Iz�' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12103!2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE 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(ies) 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 endorsement(s). PRODUCER Marsh USA, Inc. 1166 Avenue of the Americas CONTACT NAME: PHONE AIC No Ext): AIC No E-MAIL ADDRESS: New York, NY 10036 Attn: NewYork.certs@Marsh.mm Fax 212.948-0500 INSURER(S) AFFORDING COVERAGE MAIC # INSURER A: National Union Fire Ins Co Pittsburgh PA 19445 705401-PHILI-casx-11-12 INSURED LIFELINE SYSTEMS COMPANY 3000 MINUTEMAN ROAD, MS 5301 INSURER B : Travelers Indemnity Co Of CT 25682 INSURER C : Travelers Property Casualty Co. of America 25674 INSURER D : Phoenix Insurance Company 25623 ANDOVER, MA 01810-1099 INSURER E: PRODUCTS - COMP/OP AGG $ 6,000,000 INSURER F B �%PGOA! =C a111MQGP• hivr J1114UIIVAAAJIV KFVI\II Im NI IMM!—W.4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. !NSR LTR TYPE OF INSURANCE ADDLISUER POLICY NUMBER MM DDPOLICY EFF MPS I pY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FTI OCCUR GL 321-2183 12(312011 1213112012 EACH OCCURRENCE $ 5,000,000 DAMAGE TO REN I ED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2'000'000 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ 6,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NOM -OWNED HIRED AUTOS AUTOS HC2E-CAP477M1074-TCT-11 12/312011 122112012 NED SINGLE Ea acciCOMB"dent LIM $ 2'0(10,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PRBOPPEE IRdT D'IMAGE $ B AMBLIAB Ld OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ RETENTION$ $ C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUr1VE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A HC2J-UB477M1086. II (AOS) HRN-UB477M1098-11 (AK, MA, WI) 12!312011 12/312011 121312012 121312012 X I WO STATU- OTH- TORY LIMITS FIR E.L. EACH ACCIDENT $ 2.000'000 E.L. DISEASE - EA EMPLOYEE $ 2.000'000 E.L. DISEASE - POLICY LIMIT $ ' DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) All operations in the United States and Canada (see page 2). The cerBficate holder named bebw is additional insured under the Managers or Lessors of Premises Broad Form referenced on pg. 2 Coverage Includes Host Liquor Liability. Collier County Board of County Commissiolars 3327 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Cynthia Y. Kim 'tom - 0 19UB-2010 ACURD CURRURATIUN. All rights reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 212 345-5000 ACOR 12/3/2012 10:28:46 AM PAGE 3/004 Fax Server AGENCY CUSTOMER ID: 705401 LAC #: New York ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA, Inc- LIFELINE SYSTEMS COMPANY 3000 MINUTEMAN ROAD, MS 5301 ANDOVER, MA 01810-1099 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: knrWTI(11UAI 1?FMA RK3 FF HIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The policies on Pagel of the Certificate provide coverage for. -All operations of the Insured including Independent Contractors, Products, Completed Operations and Contractual Liability. -The Additional Interest of Lessor as respects premises leased to the Insured. -Automobile Coverage forall owned, non -owned and hired automobiles. -The Additional [Merest of Lessor as respects vehicles leased 10 the Insured. -WC in ALL states excluding Monopolistic States where the insured is not a qualified selfinsurerand Canadian Accident Fund. Excess Workers' Compensation HWXJUB-477M1105-11(OH, WA) The Travelers Indemnity Company of Connecticut 1 2/31/201 1 - 1 213112 0 1 2 Self Insured Retenlon: $500,000 BI by Accident - Each Accident $1,500,000 BI by Disease - Each Disease $1,500,000 BI by Disease - Each Employee $1,500,000 ACORD 101 (2008101) 0 2008 ACORD CORPORATICIN. All rights reservecl. The ACORD name and logo are registered marks of ACORD 212 345-5000 12/3/2012 10:29:48 AM PAGE Philips Electronics north America Corporation 3010 Unatemo Rced. An&ww MA 01810 Subject: Memorandum of Insurance 4/004 Fax Server We have changed how we respond to customer. requests for information about our insurance program. We now offer an online, Memorandum of Insurance (MOI) which can be viewed and printed any time you need this information. This Memorandum not only provides you with more. timely information, but it also helps to reduce the.paperwork involved for all parties to the transaction. As of 12131608., you may obtain infor nAtion about our inwrance coverage from the Memorandum of Insurance (MOI) on the website address listed below, Please retain this website address so that you can refer to it whenever you need information about our insuranceprogra-m. Please nate that the website address is case sensitive. �......... ...—__------------------------------.....�___-- -----------------------.--................-_------._.-.-............---..--_--.------..------------------- -- - imernorandum of Insurance Web Address: htip://www.marsh.com/moi?eijent--=A5&2 Do not include the "http:fl", start with www ------------ This online service is provided through our insurance broker, Marsh, You will be asked to read and agree to the terms and conditions of service from. Marsh prior to printing or viewing our Memorandum of Insurance. Should you have any questions, the contact person listed on the Memorandum, website is available to assist you. in accessing this information. Sincerely, Thomas Gannon Risk Manager RECEIVED R + A G R E E M E N T 12-5856 DEC 1 2 2012 DEC 2 for RISK MANAGEMENT MSK MANA6Livic Services for Seniors THIS AGREEMENT, made and entered into on this day of DC1 , 2012, by and between Always There Home Health Care, Inc. authorized to do business in the State of Florida, whose business address is 317 North Collier Boulevard, Suite 201, Marco Island, Florida 34145, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT This Agreement shall commence on 2012 and shall terminate on/2014. The Contract award is a two (2) year contract, with the possibility of two (2) additional two (2) year terms pending funding from grantors and acceptable performance by the awarded vendor. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum duration for this Contract for CCE, HCE and ADI funding will not exceed six (6) years (through June 30, 2018). As outlined in RFP #12-5856, the County requires the Vendor to contribute a cash or in-kind match of no less than ten (10) percent for all services related to the Community Care for the Elderly Program (CCE). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856, the terms, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and Logs, attached herein and incorporated by reference, and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act Page 1 of 11 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Always There Home Health Care, Inc. 317 N. Collier Blvd., Suite 201, Marco Island, FL 34145 Attention: Rosalind Minicozzi, Owner, CEO Telephone: 239-389-0170; Facsimile: 239-389-0164 E-mail: rozzicozzi@gmail.com/iA4GLAiKACQ.FM,bttrQNka<<.0 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Purchasing/ GS Director Telephone: 239-252-8407; Facsimile: 239-252-6480 The Vendor and the County may change the above contact information at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government Page 2 of 11 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. .Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of 11 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veterans Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out Page 4 of 11 verbatim: Vendor's Proposal, Insurance Certificate, and RFP #12-5856 Specifi- cations/Scope of Services, Attachment A Contract Rates and Attachment B Invoice and Logs. If a conflict arises between the documents, the order of precedence shall be: this Contract, the County's RFP #12-5856, the terms and conditions of the grant, and the Vendor's proposal. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy and Grantor Agency Requirements. 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 Page 5 of 11 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. *****************Remainder of Page Intentionally Left Blank***************************** Page 6 of 11 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E Bxc It % T i k of Courts ..� Dated: (SEA) to Chetr. First Witness aav;li &r� TType/print witness nameT BOARD OF COUNTY COMMISSI COLLIER COUNTY, FLORIDA B - Y• Fred W. Coyle, Chairman Always There Home Health Care, Inc. Vendor ByFjq Signature ao �.) ane- 14 v, nci !&tw3 L. Witness Typed signature and title nn Por, c—, TType% print witness nameT Approved as to form and legal sufficiency: Q,VVI Assistant &U'4 Attorney EyA'kk\j Pri t Name Page 7 of 11 Agreement #12-5856 "Services for Seniors" Attachment A Contract Rates Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Reimbursement Item Service Description Grant Service Unit Total Cost Per Service Unit Rate Per Unit to Supplier 1. Adult Day Care CCE Per Hour $11.00 $9.90 2. Chore CCE Per Hour 19.57 17.61 3. Enhanced Chore CCE Per Hour 25.21 22.69 (Requires two (2) or more workers performing multiple tasks at the same time.) 4. Companion CCE Per Hour 19.60 17.64 5. Homemaker' (includes CCE Per Hour 18.56 16.70 Shopping Assistance (RFP #6 Shopping Assistance Service 6. Shopping Assistance See Item # 5 7. Personal Care (RFP #10 CCE Per Hour 21.46 19.31 Escort Service 8a. Respite In -Home CCE Per Hour 20.00 18.00 8b. Respite (In -Home) ADI Per Hour 20.00 20.00 9. Respite (In -Facility) ADI Per Hour 11.00 11.00 10. Escort See Item # 7 11. Skilled Nursing CCE Per Hour 35.26 31.73 12. Emergency Alert CCE Per Day 1.09 .98 Response System 13a. Specialized Medical CCE Per Episode Catalog in effect Catalog - ten (10) Equipment, Services, in September percent in effect in and Supplies 2012 September 2012 13b. Specialized Medical ADI Per Episode Catalog in effect Catalog in effect in Equipment, Services, in September September 2012 and Supplies 2012 Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 Reimbursement TOTAL Rate Per Unit AMOUNT Service Total In 1Kind to Supplier (Multiply the Description Referenced Cost Match (Subtract In Unit Reimbursement (identified Grant Per Amount Kind Match Quantity Rate Per Unit by line) Service Amount from to Supplier X Unit Total~Cost Per -the Unit Service Unit) Quanti ) I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 V I cu Q 0 W 2 iI y �1 12%21!2012 15:05 F:1.T M ACORD- CERTIFICATE OF LIABILITY INSURANCE 1 N21; 0 2 ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOI .IIrATION Stanton Chapel Insurance Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIF1l ATE MOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTI NICD OR PO Drawer 1010 ALTER. THE COVERAGE AFFORDED BY THE POLICIES ISELOW, Haddonfield. NJ 08033—"�--'- 856 795-7500 INSURED Always There Home Health Care Inc 317 North Collier Blvd Marco Island, Florida 34145 INSURERS AFFORDING COVERAGE I'ISJRERA' American Aitemative Ins. IN;URER e: 'NSUReA C: INSURER D' INSURER Ei COVERAGES ThE POILCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A60VE FOR THE POLIC) ANY REQUIREMENT, TERM OR CON:)MON OF ANY CONTRACT OR OTHER DOCUMENT WqH RESPECT TO WHICH TM MAY PERTAIN, THE INSURANCE AFFORDECI BY THE POLICIES DESCRI9Ed HEREIN IS SUBJECT TO ALL THE TERMS. E PO_ICIE.S, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ADDTYPE OF IN6URANCe PQUGY NUMBER POLICY FFFECTIVE POLI EXPIRATION _TR N3 DATE NMQPLffIDA DIYY A GENERAL LIABILITY VHHHG305188003 03104112 03104113 nn 'NERCIAL GENERAL LIABILITY 1CLAIMSMADE a OCCUR ACGREGATE UVITAPPLIES PER' OLICY r IP'PT 77 LOC AUTOMOBILE UABILITY ANY AUTO ALL CANE D AUTOS SC-4EDULEO AUTOS 4 -REO ATOS i( NON -OWNED AUTOC AGE: UABI LITY ANY AUTO A EXCESSIUMBRELLA LIABU.ITY OCCUR 7 CLAMS MADE DEDUCT13L_ RETENTION $ WORKER$ COMPENSATION AND EMPLOYERS' LIA61LI Y ANY PROFRIETOR/PARTN=IZEXZCLrTIVE OFFCER,T'ENI FR EXC'-U5ED7 I( yoz. describe undo A I OTHER Professlonal HHHX535000700 103/04112 103/04113 VH HHG305188003 103/04112 103104/13 OEUCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLE& 7 EXCLUSIONS ADDED BY ENDORSEMENT ( SPECtAL PROVISION$ Collier County Government Is Named As An Additional Insured On The General liability Policy TE Collier County Board of County Commissioners 3327 E.Tamiami Trall Naples, Florida 34112 C10 Diana Diaz DoLeon KAIC # 10732 PERIOD INDICATED. NOTWITF 3TRINDING 5 CERTIFICATE MAY BE 1SSUE I OR XCLUSIONS AND CONDITIONS ;F SUCH LIMITS EACH OCCURRENCE $1 000.000 DAMA�E'0FiENTED $1 0ca� OOU MED EXP (Any one Aermnl $5 PERSONAL &ADV INJURY e1 X1019 000 GENERALACCREGATE s3 !110113,000 PROCUCTS- CONNOR AUG $3 X10,000 CDMBINED SINGLE LIMIT S (Es BCC Centj BODILY INURY 5 (Per personl BODILY INJJRY 5 (err acciugnl) PROPERTY OAMAGE 3 (Per e'.6danI) AUTO ONLY - EA ACCIDENT $ T OTHER THAN EA ACC E AUTO 04LY: AGG 2 EACH OCCURRENCE 31 1190 000 A03REGATE $1 100,000 $ S 5 LVC STATU• O -H- e E.LEACHACC IDENT $ E.L. DISEASE - EA EMPLOYEE E F.L, 015 EASE • POLICY LIMIT I E 1,000,000 Occurence 3,000,000 Aggregate CANCELLATION SHOULD ANY OF THE ABOVE oesmscn POUCIES aE CANCELLED UEFORI °J11G EXPIRATION DATE THEREOF, THE. ISSUING INSURER WILL ENDEAVOR TO MAIL 'xn DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE". BIJT FAILURE T ) DO SO SHALL nEaPOSE NO ODLIOATION OR LIABILITY OF ANY KIND UPON THE IN$VRER, n-: AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVFt 1 .+177 ACORO 25 (2001108) 1 of 2 #S1384821M122943 NSI 0 ACORD CORF 35'4T10N 1988 ;Ib '12 04"45p Empjogee Pro 9042780558 P'l DATE fVMWO"�`i E CERTIFICATE OF LIABILITY INSURANI a RS W A)(jjhTS t4p-,pM Tj4E CERTIftCA rL t-yQLL'*R. �HM issur TTER QF 04L f AND L -091-E ' `W iCC,RT H,: Ec ijicii�TE i�, DASAmA LIVE -c SE-- Tj' FtGATE DOES NOT AFFIRMATWELY ORNFGATWELY AMEND, EXTEND OR ALTER TFC- e--CVERAGE AFFORDEC BY 714E PC, kVF jTHIS CERTIFtCATF OF INSURANCE DOES NOT CONSTITUTE A CONTRACT SETWEEN THE ISSUING INSURFP4$), AUTHORIZED RSPRSSFVTJ1T1' �-Jk fRODUCER, AND THIE CER-, 11FICATE HOLDEFL �- , HMPOP T�ANT'� if the cerficate holder is an ADDiTtONAL INSURED, the po"fies) must be t0dMcd- JUSLAMOGA71OW IS WAIVEDp.,.vjjcjes may req.4ra ar. a st3tement On Acisceelfic.'" 1�111tjev v:) lthe terns and conditions of the policy, certain men ones fzQ, conte- rights to the certificate hOI(Jef Ifl lleU Of SUCK eadarSa""i" rl-sk sexv.Lces — 50 9,,` Freeway, Suite 1.200 Da1lz'TX 7!i24O 4'4 MURIER AFFORDM COVERAGE NA)G x E. REVISION t4UMBE§7-------- COVEPA3ES CERTIFICATE NUMBER: ULU TO T;V 6-V I LH �;F 1r-4 TE WA -NIA '-,FRT RESPEC-, rifSC .YARDING k*4Y.REL'-'1REMEKT TEPM CR OF ANY 009FRACWT ICH PXXI CRO TVAE TERJJS FX��WMNS ANO 07WDAT10"" OF S� c"ES L"i ;,40-9�,INCE A,�FORDFV 6Y THE POLICIES GESCRISEO HEREIN IS U2JFXT TO ALL R PTCE P Lmyrs Ausw PLICY WUEOAL)CY PCLICYEX TYPE OFNSUR �fmffy LTR 5,AGH C.'00URRSW-= jGFhE"t, iAe4L,,Ty MED EXI fAny -01'a OerVX* If I v08iLE,-IAE0UT4'CIEa 2=dZ} V 1 ROMY INURY J -W 13 .I int3F2L _La IIRENC �,[- uAS E "�S UAB �EMP-cy'.-RsLLAWLITY YIN r! J -11'c N�ft F -4r, E'J L aly F L CfS WA El niSEA&' tCLICI " AN- tE vC. 3 PROVISM bGIO- El 1:1 ------- h'- Z4 1.kV c-,, i!R11 7 r ('Z: t'. p0}' 1[I wAgIS . Q I, � 'f - ',I - , 7� I KEA,;- A V La, 'S p.? Dr.o'byers --a y CFRTI--iCA-E HOLDER CANCELLATION SHOULD ANY OF THE AROVI- UESCRIHED POLICI� BE G CCzLiF— -1' F r EXPIRAHOR DATE THEREOF, NONCE VALL SL 01--- A&Rt_Dq4ACC(WUA14Ct',V!IH THE POLIGY FRCVSiO#4'- REPRESENTAT'VE ACORD 25 (23IW05) Q 1988-2019 ACORD CORPORATION- AR right reserved A G R E E M E N T 12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this day of hk!-CtML" J 2012, by and between Summit Home Respiratory Services, Inc., d/b/a Summit Home Healthcare Products authorized to do business in the State of Florida, whose business address is 1467 Rail Head Boulevard, Naples, Florida 34110, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on, b44 2012 and shall terminate on, `D beCr , 2014. The Contract award is a two (2) year contract, with the possibility of two (2) additional two (2) year terms pending funding from grantors and acceptable performance by the awarded vendor. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum duration for this Contract for CCE, HCE and ADI funding will not exceed six (6) years (through June 30, 2018). As outlined in RFP #12-5856, the County requires the Vendor to contribute a cash or in-kind match of no less than ten (10) percent for all services related to the Community Care for the Elderly Program (CCE). 2. STATEMENT OF WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856, 'the terms, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Rates, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice as per Attachment B, Invoice and Logs, attached herein and incorporated by reference, and upon approval by the Page I of 11 Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Summit Home Healthcare Products 1467 Rail Head Blvd., Naples, FL 34110 Attention: 4ANC.YA. T Telephone: 239-596-5000; Facsimile: 239-596-5017 Aotrntn�stic�r''tarrer E-mail: GvO CRC 1 nanufc lsuanmitMonne. ret All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Purchasing/ GS Director Telephone: 239-252-8407; Facsimile: 239-252-6480 The Vendor and the County may change the above contact information at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any Page 2 of 11 and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. '9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 3 of 1 1 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 Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veterans Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner Page 4 of 11 the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and RFP #12-5856 Specifi- cations/Scope of Services, Attachment A Contract Rates and Attachment B Invoice and Logs. If a conflict arises between the documents, the order of precedence shall be: this Contract, the County's RFP #12-5856, the terms and conditions of the grant, and the Vendor's proposal. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page 5 of 11 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy and Grantor Agency Requirements. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. *****************Remainder of Page Intentionally Left Blank***************************** Page 6 of I 1 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight;. Brock, Clerk of Courts By: Dated. �3 A o cm"w f 4mg�7- e First Wit TType/ print witness nameT Second Witness (�! C'-V"j 0 ✓t TType/ print witness nameT Approved as to form and legal sufficiency: o � ' Assistant Co&1ty Attorney Pr nt Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I Fred W. Coyle, Chairman Summit Horne Respiratory Services, Inc. d/b/a Summit Home Healthcare Products Vendor By: 4A.�d— Signature !�Caott ignature and title Page 7 of 11 Agreement #12-5856 "Services for Seniors" Attachment A Contract Rates Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Total Cost Per Reimbursement Item Service Description Grant Service Unit - Service. Unit Rate Per Unit to Supplier 1. Adult Day Care CCE Per Hour $11.00 $9.90 2. Chore CCE Per Hour 19.57 17.61 3. Enhanced Chore CCE Per Hour 25.21 22.69 (Requires two (2) or more workers performing multiple tasks at the same time.) 4. Companion CCE Per Hour 19.60 17.64 5. Homemaker' (includes CCE Per Hour 18.56 16.70 Shopping Assistance (RFP #6 Shopping Assistance Service 6.. Sho `in Assistance See Item # 5 -` 7. Personal Care (RFP #10 CCE Per Hour 21.46 19.31 Escort Service 8a. Respite -Home CCE Per Hour 20.00 18.00 8b. Respite (In -Home) ADI Per Hour 20.00 20.00 9. Respite (In -Facility) ADI Per Hour 11.00 11.00 10. Escort See Item # 7 11. Skilled Nursing CCE Per Hour 35.26 31.73 12, Emergency Alert CCE Per Day 1.09 .98 Response System 13a. Specialized Medical CCE Per Episode Catalog in effect Catalog -ten (10) Equipment, Services, in September percent in effect in and Supplies 2012 September 2012 13b. Specialized Medical ADI Per Episode Catalog in effect Catalog in effect in Equipment, Services, in September September 2012 and Supplies 2012 Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract,'and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 Reimbursement TOTAL Total Rate Per. Unit AMOUNT Service Cost In Kind to Supplier; (Multiply the Description Referenced Per Match (Subtract Zn Unit Reimbursement ` (identified' Grant Service Amount Kind Match Quantity Rate Per Unit `. by line) Unit Amount from to Supplier x Total Cost Per the, Unit - Service Unit) Quanti ) I I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract,'and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Adjustments Reasons: Lead Agency Authorization: Date: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 •7 L GJ O r--1 u ai Gzl 0 U W ,CL C x w. a vx C L U a G a e� 8 v E 0 c`a a 8 U v u . u � Get O W v 0 s , U u ; �c V CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 6C 1 1011712012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CON571TUTE 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(les) 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 endorsement(s). PRODUCER ACT -NAAONTEL David R. Mettler _ Integrated Ins. Services, Inc. PHONE, 239 549.5420 PAX 239 549-7905 ag (A1C, E , Ealj:( ) PAX. Nci: { J _ E-MAIL Integrated l7 eanthlink.net 1316 SE 46th Lane f!1 ADDRESS: 9 Cape Cora), FL 33904 INSURER(SI AFFORDING COVERAGE - -_—__ .._ NAIC A INSURE RA t. Hanover Insurance Company_. INSUREDNi SUREg.a .Technology Insurance Company_ . Summit Home Respiratory Services, Inc. INSURER C: DBA: Summit Home Healthcare Products INSURER D: 1467 Rall Head Blvd. .INSURER E: Naples, FL 34190 1 INSURER F: rnvvnwr�ca l�CDTlCIP ATC All IMIaCG• 12r-VISIf)N NUM9ER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO 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. INSRI 'AODL�SUBRI LTM TYPE OF INSURANCE � OLICY NUMBER1 j POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE 3 1,-000,000 A X COMMERCIAL GENERAL L WBILITY _ DAMAGE TO RENTED 1OO OQO PREMISES (Ea 0=1rence) _ 5..._ + X ! LHJ 9287527 03 _ CLAIMS -MADE +_ ,, OCCUR �. 912712012 9/2712013 MED EXP An one erscn $ 5 000 (Any P I + X Pr-oductslComQ_ Ops, PERSONAL 8 ADV INJURY $1,000,000 X Professional Liability GENERAL AGGREGATE $2,000,000 GEN•L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG s2,000,000 X POLICY PRO• LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (En emdent) ANY AUTO BODILY INJURY (Pet pe+san) 3 ALL OWNED SCHEDULED AUTOS _; AUTOS BODILY INJURY (Per amment), 3 HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE 3 ', (PBf awaeno 3 UMBRELLA LIAROCCUR I EACH OCCURRENCE S -_ EXCESS LIAR CLAIMS -MADE AGGREGATE 3 IIEID RETENTION S WORKERS COMPENSATION X WC STATU- OTH I AND EMPLOYERS-LIABILFTY YIN _ TORY LIMITS, : ER _ ANY PROPRIETORIPARTNERIEXECUTIV INIA B I OFFICERIMEMBER EXCLUDED? TWC3315961 E L EACH ACCIDENT : S 500+000 06/0512012 0610512013 ---"-" ' IMandatoryIn NNI E L DISEASE - EA EMPLOYEE, 3 500,000 be unaer DESCRIPTION OF OPERATIONS Selo- I E L DISEASE -POLICY LIMBI 5500 000 I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Altadh ACORD 101, Addltlonal Remarks Schaduta, It more space Is roquiredl Sates of medical supplies. Certificate Holder is an an Additional Insured according to vendor agreement requirements. CERTIFICATE HOLDER CANCELLATION Collier County Board of Com misioners SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamtaml Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Summit Home Respiratory Services, Inc. d.b.a. Summit Home Healthcare Products 1467 Rail Head Blvd. Naples, Florida 34110 Phone (239) 596-5000 Fax (239) 596-5017 November 21, 2012 Ms. Brenda Reaves Purchasing/Contract Technician Collier County Government 3327 Tamiami Trail East Naples, FL 34112 RE. Contract 12-58656 Services for Seniors/Automobile Insurance Dear Ms. Reaves, Pursuant to our contract with Collier County and Business Automobile Insurance Coverage: Please waive this insurance requirement, part I LB on page 3 ) of the contract, as it does not apply to Summit Home Respiratory Services., Inc. Summit does not own any vehicles and therefore we do not carry any Automobile Insurance Coverage. Thank you.. Sincerelv, Keith E. Glisch President LHJ yL8/5L/ U3 5009448 COMMERCIAL GENERAL LIABILITY CG 02 20 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following: 2. Cancellation Of Policies In Effect a. For 90 Days Or Less If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 20 days before the effective date of cancellation if we cancel for any other reason, except we may cancel immediately if there has been: (a) A material ' misstatement or misrepresentation; or (b) A failure to comply with the underwriting requirements established by the insurer. b. For More Than 90 Days If this policy has been in effect for more than 90 days, we may cancel this policy only for one or more of the following reasons: (1) Nonpayment of premium; (2) The policy was obtained by a material misstatement; (3) Failure to comply' with underwriting requirements established by the insurer within 90 days of the effective date of coverage; (4) A substantial change in the risk covered by the policy; or (5) The cancellation is for all insureds under such policies for a given class of insureds. If we cancel this policy for any of these reasons, we will mail or deliver to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: (a) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (b) 45 days before the effective date of cancellation if we cancel for any of the other reasons stated in Paragraph 2.b. B. Paragraph 3. of the Cancellation Common Policy Condition is replaced by the following: 3. We will mail or deliver our notice to the first Named Insured at the last mailing address known to us. CG 02 20 03 12 ©Insurance Services Office, Inc., 2011 Page 1 of 2 1�-kr, C. Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following: 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will mail the refund within 15 working days after the date cancellation takes effect, unless this is an audit policy. If this is an audit policy, then, subject to your full cooperation with us or our agent in securing the necessary data for audit, we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation, then we shall accept your own audit, and any premium refund due shall be mailed within 10 working days of receipt of your audit. Lr -IJ ZJLO/ULI UJ JJJJ4- 10 The cancellation will be effective even if we have not made or offered a refund. D. The following is added and supersedes any other provision to the contrary: Nonrenewal 1. If we decide not to renew this policy, we will mail or deliver to the first Named Insured written notice of nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured at the last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Page 2 of 2 (D Insurance Services Office, Inc., 2011 11 -)�a CG 02 20 03 12 A G R E E M E N T 12-5856 ITEC t 2 2012 RISK MANAGEMEN7i for Services for Seniors THIS AGREEMENT, made and entered into on this kb and between VIP America of Southwest Florida, LLCauthorized todo !us�, 2012, by iness inte State of Florida, whose business address is 14421 Metropolis Avenue, Suite 104, ForthMyers, Florida 33912, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shalt commence on/ shall terminate on,l�_� kt, 2014. !'11 , 2012 and The Contract award is a two (2) year contract, with the possibility of two (2) additional two (2) year terms pending funding from grantors and acceptable performance by the awarded vendor. Any such renewals shall be mutually agreed upon in writing by the parties. The maximum duration for this Contract for CCE, HCE and ADI funding will not exceed six (6) years (through June 30, 2018). As outlined in RFP #12-5856, the County requires the Vendor to contribute a cash or in-kind match of no less than ten (10) percent for all services related to the Community Care for the laderly Program (CCF). 2. STATEMENT OI=' WORK. The Vendor shall provide Services for Seniors in accordance with the terms and conditions of RFP #12-5856, the terms, conditions and requirements of the grant, and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the. Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Attachment A, Contract Izates, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice as per Attachment R, Invoice and Logs, attached herein and incorporated by reference, and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page i of I 1 3.1 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. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the. Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if rna.iled or faxed to the Vendor at the following Address: VIP America of Southwest Florida, LLC 14421 Metropolis Avenue, Suite 104, Ft. Myers, Fl, 33912 Attention: Gilbert White, President Telephone: 772-220-6005; Facsimile: 239-690-9971 E-mail: gil.white@vipamerica.com All Notices from the Vendor to the County shall be deemed duly served if inailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Purchasing/GS Director Telephone: 239-252-8407; Facsimile: 239-252_6480 The Vendor and the County may change the above contact information at any time Upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 21$.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All i non -County permits necessary for the prosecution of the Work shall be procured and I paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the l rules, regulations and laws of Collier County, the State of Florida, Oor rl the U 1 Governmenty with PagePage 2 of I I 1 f now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all in -office employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of 11 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. The Vendor 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. Vendor 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 Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, 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 Vendor. Vendor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veterans Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out Page 4 of 11 verbatim: Vendor's Proposal, Insurance Certificate, and RFP #12-5856 Specifi- cations/Scope of Services, Attachment A Contract Rates and Attachment B Invoice and Logs. If a conflict arises between the documents, the order of precedence shall be: this Contract, the County's RFP #12-5856, the terms and conditions of the grant, and the Vendor's proposal. 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) inunediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEM&SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy and Grantor Agency Requirements. 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 Page 5 of l 1 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required .hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. *****************Remainder of Page Intentionally Left Blank***************************** Page 6 of I 1 IN WITNESS WHEREOF, the Vendor and the County authorized person or agent, hereunder set their hands and se written. als o the date and respectively, r first above ATTEST: DwJ*t I:. Brock/Clerk of ate A s! to rst Witness TType/print witness name's cuc. f �,�ZrL econ d Witness TTYPe/print witness name'. Approved as to form and legal sufficiency: Assistant unty Attorney Print Name _ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA n By: Fred W. Coyle, Chairman VIP America of Southwest FIorida LLC Vendor By: A Signature —GI Typed signatuxe and title Page 7 of 11 Agreement #12-5856 "Services for Seniors" Attachment A Contract Rates Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Total Cost Per Reimbursement Item Service Description Grant Service Unit Rate Per Unit to Service Unit Supplier 1. Adult Day Care CCE Per Hour $11.00 $9.90 2. Chore CCE Per Hour 19.57 17.61 3. Enhanced Chore CCE Per Hour 25.21 22.69 (Requires two (2) or more workers performing multiple tasks at the same time.) 4. Companion CCE Per Hour 19.60 17.64 5. Homemaker' (includes CCE Per Hour 18.56 16.70 Shopping Assistance (RFP #6 Shopping Assistance Service 6. Shopping Assistance See Item # 5 7. Personal Care (RFP #10 CCE Per Hour 21.46 19.31 Escort Service 8a. Respite In -Home CCE Per Hour 20.00 18.00 8b. Respite (In -Home) ADI Per Hour 20.00 20.00 9. Respite (In -Facility) ADI Per Hour 11.00 11.00 10. Escort See Item # 7 11. Skilled Nursing CCE Per Hour 35.26 31.73 12. Emergency Alert CCE Per Day 1.09 .98 Response System 13a. Specialized Medical CCE Per Episode Catalog in effect Catalog - ten (10) Equipment, Services, in September percent in effect in and Supplies 2012 Se tember 2012 13b. Specialized Medical ADI Per Episode Catalog in effect Catalog in effect in Equipment, Services, in September September 2012 and Supplies 2012 Notes: 1. Services for Seniors grant includes Shopping Assistance under Homemaking and Escort under Personal Care. 2. The Total Cost per Service Unit will be used for HCE applied grants (no match is required). Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number I Service Description (identified by line); I certify to the best of my knowledge and belief that this invoice, and attached service detail log, is complete and correct and all outlay herein are for the purposes set forth in the contract, and that services are ordered by the case manager as agreed on the Contract. Legible copies of the dated timesheet, signed by the client and the worker supporting this invoice must be available upon request. Collier County reserves the right to correct computation of errors to assure proper payment amount. Prepared by: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of I 1 w I= a 9 M W 0 a 7Z a� (U CU cu E= A 0 «O {n � G1 Q � O �w v a a a �w v 0 +: en O W 6 a AcoRnCERTIFICATE OF LIABILITY INSURANCE DA/OD '"• 11/2611226/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 endorsements . PRODUCER COMPANIES AFFORDING COVERAGE PAYCHEX INSURANCE AGENCY, INC. 150 SAWGRASS DRIVE COMPANY A ILLINOIS NATIONAL INSURANCE COMPANY ROCHESTER, NY 14620 877.266.6850 COMPANY i B INSURED Paychex Business Solutions, Inc. COMPANY C VIP America LLC 911 PANORAMA TRAIL SOUTH ROCHESTER, NY 14625-0397 COMPANY O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. O LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDOfYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS GENERAL LIABILITY GENERALAGGREGATE Is COMMERCIAL GENERAL LIABILITY CCLAIMS MADE E=OCCUR PRODUCTS - COMP/OP AGG $ PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 5 FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULEDAUTOS S BODILY INJURY g (Per person) HIRED AUTOS NON-OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY; EACHACCIDENT $ AGGREGATE s EXCESS LIABILITY EACH OCCURRENCE IS UMBRELLA FORM AGGREGATE Is OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY I 020558387 06101!12 06/01113 X WC STATU- OTH EL EACH ACCIDENT I $ 1,000,000.00 EL DISEASE - POLICY LIMIT i $ 1,000,000.00 EL DISEASE - EA EMPLOYEE_[$ 1,000,000.00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Worker's Compensation coverage is provided to only those employees leased to, but not subcontractors of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board Of County DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY Commissioners PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3327 Tamiami Trail East LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ACORD PWC CACORD CORPORATION 1988 HealthlBenefits Print Date: November 26. 2012 VIPAMER-01 LOKERB ACORL� DATE (MMIDW(YYY) `,..� CERTIFICATE OF LIABILITY INSURANCE _1112612012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE 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(ies) 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 endorsament(s). PRODUCER CONTACT NAME: Betty Loker Insurance Office of America - JUP PHONE- FA% Abacoa Town Center Arc Nd Eat : (561) 776-0660 INC, Nom_ (561) 776-0670 1200 University Blvd, Suite 200 E.MARless: :Jupiter, FL 33458 ADD INSURER(S) AFFORDING COVERAGE NAIC k INSURER A: Underwriters at Lloyd's London (IL) 15792 INSURED INSURER -- _- —�-- VIP America, LLC, JCOL, LLC & VIP America of Southwest - — Florida LLC INSURERC:__ 2500 S. Kanner Hwy i INSURER D; Suite 1 Stuart, FL 34994 SURER E: - _ INSURER F:�, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. --------- -_- -_ -- '- - lNSBD I... --- POLICYEFF POLICY EXP LTR POLICY NUMBER TYPE OF INSURANCE I _ jMMIDDl1'YYY S IN5R -j GENERAL LIABILITY .-..J I tMMlDOlYYYY LIMITS ,, 1 EACH OCCURRENCE S 1,000,000 A /l COMMERCIAL GENERAL LIABILITY X A69271 2373KM 9!11!2012 9111/2013 PREMISEMAJ�tS {Ea occurrence! S _ _ 50,000 ---�� X CLAIMS -MADE E__ MED EXP (Any one person) S 5,000 X . Professionaf Liabili PERSONAL & ADV INJURY _ _ S _ 1,000,000 GENERALAGGREGATE - S _ 3,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG rj 5 POLICY PE° Loc Empl Benefits 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE _IMIT Ea accident S ANY AUTO BODILY INJURY (Per person) 5 -�ALL OWNED l SCHEDULED BODILY INJURY (Per accident) E _ AUTOS_ J AMON-0VJIJED UTOS PROPERTY DAMAGE -� � HIRED AUTOS AUTOS PER ACCIDENT --�-- UMBRELLA LIAB OCCUR � EACH OCCURRENCE EXCESS LIAB CLAIMS-MAOE, AGGREGATE S RETENTIONS ' --------- ----_ -- - -S --- DED WORKERS COMPENSATION T TOWC RY LIMITS OT AND EMPLOYERS' LIABILITY YIN ANY PRCPRIE70RYPARTNERlEXECUTIVE E.,. EACH ACCIDENT S !� -—__-- - -- -- _ { OFFICER+MEMBER EXCLUDED' � N!A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S If yes, describe under ---— -- DESCRIPTION OF OPERATIONS below E.I.DISEASE - POLICY LIMIT S A General Liability A692712373KM 9/11/2012 9/1112013 Physical Abuse 300,00 A :General Liability IA692712373KM 9!1112012 9/11/2013 iHired Non Owned Auto 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 11311, Additional Remarks Schedule, if more space Is requlredi Contrace 12-5856 Services for Senior (Collier County Government is Additional Insured with respects to General Liability as required by written contract per form MMSS 236. '30 Days notice of Icancellation per policy provision & 10 Noice for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners I 3327 Tamiami Trail East Naples, FL 34112 l ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD BLANKET ADDITIONAL INSURED In consideration for additional premium, it is understood and agreed that Policy Section III. WHO IS AN INSURED, subsection 8., is amended to include as "Insureds" all entities and/or individuals shown in the Schedule below, but only as respects liability as a result of "Claims" arising out of the following: (1) Any "Professional Incident", "Event", offense, "Wrongful Act" or "Physical Abuse and Misconduct" caused by the performance of duties or the conducting of operations by the first Named "Insured" for or on behalf of the entity or individual listed in the Schedule below. (2) Any "Professional Incident", "Event", offense, "Wrongful Act" or "Physical Abuse and Misconduct" caused directly or arising solely from the negligent activities of owners, managers and "Employees" of the first Named "Insured". SCHEDULE OF ADDITIONAL INSUREDS Any entities and/or individuals that the first Named "Insured" set forth in the Declarations is obligated by virtue of written contract or agreement to provide insurance such as is afforded by this Policy and is approved by us in writing. All other terms and conditions remain unchanged. Attached to and forming part of No. of Underwriters hereon. Effective: On behalf of Underwriters U. S, Risk Underwriters. Insured: By (Authorized Representative) MMSS 236 Ed 0811