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Backup Documents 12/11-12/2012 Item #16D26 ORIGINAL DOCUMENTS CHECKLIST& ROUTING SLIP 6 2 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office,The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R. Pepin,Esq. County Attorney Office QA) 5. BCC Office Board of County Commissioners • 6. Minutes and Records Clerk of Court's Office -1)t)(\ I r1(r3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the petson who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.D.26✓ Approved by the BCC Type of Document #12-5856—Services F9r Seniors Agreement Number of Original 2 Attached v'Pftrneri Ca OtSbulhwr, f- Documents Attached F1vN016t,tr1(. INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is r Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 1qp resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Iv s//A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on l lullt'IL(enter date)and all chan made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. 161326 MEMORANDUM Date: January 8, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: VIP America of Southwest Florida, LLC Attached, is an original copy of the contract referenced above (Item #16D26), approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment °a 16026 , . , R Purchasing Department 04-, ",h t" 3327 Tamiami Trail East r N��N1 Naples, Florida 34112 _ Administrative Services DM M� a;\, Telephone: (239)252-8375 Purchasing Qt‘5‘C FAX: (239)252-6597 Email: DianaDeLeon a(�,colliergov.net www.colliergov.net/purchasing Memorandum Date: December 11, 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have a •uestio's, please contact e ab• - referenced information. Ins " : 4. oved By: gr . //Z____--- M-nage -isk Finance Signature Date (Please route to County Attorney via attached Request for Legal Services) G/Acq u is itions/Age ntFormsand Letters/RiskMgmtReviewofl nsurance4/15/2010/16/09 • 161326 AGREEMENT12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this IL_day of bet vn&e4 , 2012, by and between VIP America of Southwest Florida, LLC authorized to do business in the State of Florida, whose business address is 14421 Metropolis Avenue, Suite 104, Fort Myers, 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 shall commence on /1 ,N e cem 4 2012 and shall terminate on//) kmoeini47 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 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 1 of l 1 16026 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 Iegal 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: VIP America of Southwest Florida, LLC 14421 Metropolis Avenue,Suite 104,Ft. Myers, Ft, 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 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 I I 16026 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 16026 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 16026 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 1602 . 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 16026 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. A�-I,p BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA c Dwi. ,I .'$. k;• l`k of Courts • Dated: By * La, Fred W.Coyle, Chairman *`tN it:-ttoeft4;trorglit 18404re 4 VIP America of Southwest Florida LLC Vendor first Witness Signature .IONINE L. W 1E6201.,0 TType/print witness nameT GiL�aT F• WM:T fe5 ,Oces7 Sec nd Witness Typed sigAd5z)/(___ nature gnature and title TType/print witness nameT Approved as to form and legal sufficiency: AL Item# b Assistant '!ounty A I orney � �%m l Date:�a 12 I II I Print Name Da;o 1 Date + Rec' 1 % Deputy Clerk Page 7 of 11 16026 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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). 16 • X26 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date ta t ✓0 County Purchasing Order Number 1 but$0me AMO Ple Per Unit ltit h e a (M ply'1 ` i I �i to Spplier -° IJ' it ilcitnbure�n t• ;t �i ubtract•In � taPerUni Service ? iatch` �S Quantity Ra t .it Refee ced Pei t end atch tDescrpion Amoun fr o{identfied Grant Sefvrce ° Amuntom a U>ni•Tel e C ospPit e by line) os . t J L-_ 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 timeshect,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 16D26 „::::.:,.....„,::.,,,,, ...,....„..... jj. ..„ „,....,.A :;:iiii4AY--... 4-1 � � o if .1-,1,-- - - :.,„ ::::,„:, ,..:,. ....., a P.IA . i_�' ca W , 6 jco s " iji• . �'r 3 •!•_•.• c a 11 3 „:: c b a J ho 64 8 H W _ A 0 4 CA b a '� . t H. O A ;.HI - -_ �:a ° 0., : > W CO w G? U . 16026 - i ,... ......:::.,:,:::...17.:::40::::;..,:i:H.:::::.;,_. r _ . ,., 1 T . .1.;:.4.1...:;:.::::i.,,,,,,„:.:,..,::::.,:!,:.:::.:....,:::.:,, :,,:•::::::,:_:......4.,:,...;,.....=::::;,,,,,,....:::,,It.,:ic.::::;:::::.iii o h cil , tri &0 bZ o ' F u A O bp N 4." v) j r w . i. 2 Ern 4 o .0 F" I — _ C7 q . p..., I-. - i• co 63 0 ro .� a 5 0 w aa� w 16026 ACORD CERTIFICATE OF:LIABILITY INSURANCE DATE(MM/DD/1'Y) n 11/26/12 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. It 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 COMPANIES AFFORDING COVERAGE PAYCHEX INSURANCE AGENCY, INC. COMPANY 150 SAWGRASS DRIVE A ILLINOIS NATIONAL INSURANCE COMPANY ROCHESTER,NY 14620 COMPANY 877-266-6850 INSURED COMPANY Paychex Business Solutions,Inc. C VIP America LLC 911 PANORAMA TRAIL SOUTH COMPANY ROCHESTER,NY 14625-0397 D 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. Co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG 3 I—OLAIMS MADE I—(OCCUR PERSONAL&ADV INJURY $ OWNERS&CONTRACTOR'S PROT - EACH OCCURRENCE FIRE DAMAGE(Any one fire) S MED EXP(Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) I HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $OTN WORKER'S COMPENSATION AND 020558367 06/01/12 06/01/13 TORY LIMRS ER A EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1,000,000.00 EL DISEASE-POLICY LIMIT $ 1,000,000.00 EL DISEASE•EA EMPLOYEE $ 1,000,000.00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/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 SE 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 ©ACORD CORPORATION 1988 Health/Benefits Print Date:November 26,2012 16fj ? 6 VIPAMER-01 LOKE C—°RO- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 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 endorsement(s). PRODUCER CONTACT NAME: Betty Loker Insurance Office of America-JUP PHONE Abacoa Town Center INC.No,t2:tl:{561 FAX )776-0660 (561)776-0670 1200<University Blvd,Suite 200 E-MAIL ADDRESS: Jupiter,FL 33458 INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:Underwriters at Lloyd's London(IL) 15792 INSURED -—___ —---- INSURER B VIP America,LLC,JCOL,LLC&VIP America of Southwest : Florida LLC ,INSURER C: 2500 S.Kanner Hwy ' INSURER D: Suite 1 Stuart,FL 34994 .INSURER E INSURER F: I 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. INSR -_- ---`-- -- r r:•i POLICY EFF • POLICY EXP -- - --_ LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER _ LJMM/DOIYYYYI (MMIDDIYYYY) LIMITS GENERAL LIABILITY - EACH OCCURRENCE S __ _1,000,000 A X COMMERCIAL GENERAL LIABILITY X !A692712373KM 9/11/2012 9111/2013 pREM SES Es o wEro ncel $ 50,000 1 X CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,000 X Professional Liabili PERSONAL&ADV INJURY S 1,000,000 i GENERAL AGGREGATE S 3,000,000:. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG POLICY PRO- Empi Benefits s 1,000,000 JECT LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT (Es accident) __ ANY AUTO BODILY INJURY(Per person) $ - ALL OWNED SCHEDULED BODILY INJURY(Per accident) S 1 .._. AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S _ HIRED AUTOS AUTOS (PER ACCIDENT__ S UMBRELLA UAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE_ DED I :RETENTION$ - S WORKERS COMPENSATION I TORY STTU- 0Th- AND EMPLOYERS'LIABILITY Y/N - ANY PROPRIETOR/PARTNER/EXECUTIVE I E.L.EACH ACCIDENT ;S OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE.3 If yes,describe under ----" - -. DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A General Liability A692712373KM 9/11/2012 9/11/2013 Physical Abuse 300,000 A General Liability IA692712373KM 9/11/2012 9/11/2013 (Hired Non Owned Auto 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 7Dt,Additional Remarks Schedule,it more space Is required) 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 cancellation 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 3327 Tamiami Trail East T :Naples,FL 34112_ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16026 6 BLANKET ADDITIONAL INSURED In consideration for additional premium, it is understood and agreed that Policy Section III. WHO IS AN INSURED, subsection B., 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 16026 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office 12 /12 5. BCC Office Board of County Commissioners 11 Na.d..4b %1 , Os 6. Minutes and Records Clerk of Court's Office r—TM t (31(3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 ✓ Agenda Item Number 16.0.26,✓ Approved by the BCC Type of Document #12-5856—Services For Seniors Agreement Number of Original 2 Attached �j ka.l+7z`\ 1t;.\crt-ne_COI,•re,__> Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, (�J resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's !� Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. N Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC onb /t enter date)and all chang made during the meeting have been incorporated t the attached document.The County Attorney's Office has reviewed the changes,if applicable. 16026 MEMORANDUM Date: January 4, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Bidwell Home Care Services, LLC d/b/a Home Instead Senior Care Attached is an executed original copy of the contract referenced above, (Item #16D26) approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. 16D26 Co 7er Purchasing Department County (. 2012 3327 Tamiami Trail East Naples, Florida 34112 ActrinieServicesDivision HISK MANAGEMENT Telephone:(239)252-6020 rchasing FAX (239)252-6592 Email: BrendaReavesra,colliergov.net www.colliergov.net/purchasing Memorandum Date: December 11, 2012 From: Diana DeLeon–For Joanne Markiewicz To: Ray Carter, Risk Manager Subject: Contract 12-5856"Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summitt Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) and Bid Bonds for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have an • e ions, please contact me a he above referenced information. In ••'•ved By: Ris - -cement Signature —141/Dlati (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/2010/16/09 E1 r r. _. 6 D Z 6 ',.. JL. i E V €4=!; 1 R 2012 AGREEMENTI2-5856 r ImAAGEME for Services for Seniors THIS AGREEMENT, made and entered into on this I It`'day of v,-c,.,1j 2.v- , 2012, by and between Bidwell Home 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 Ac 1,.,►o.z,- 1 \, 2012 and shall terminate on 1_) c,,.,100,- t62014. • 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 16026 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 • 16026 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 16D26 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 16026 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 16D26 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 16026 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock,Clerk of Courts By: :�►�..�,.moo , ` -E • By D*ed. ''27s,7> 3 Fred W. Coyle, Chairman / 4 d/b/a Home Instead Senior Care Vendor °--j . f By:,,gt.A. Y11.\14 First Witness Signature 111 f\ , ILLA`(1 ■ 1 TType/print witness namet Second Witness Typed signature and title TType/print witness namet Approved as to form and legal sufficiency: Assistant C my A ttorney lint Name Page 7 of 11 16D26 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service Cost In Kind to Supplier (Multiply the Description Referenced Per Match (Subtract In Unit Reimbursement (identified Grant Amount Kind Match Quantity Rate Per Unit by line) Service Y ) Unit Amount from to Supplier x Total Cost Per the Unit Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 . y 16026 °' , g ° toy o '0 6My CLy ill) 4> 0. ..44 O •1.4 W W as ,o " a ;; ° .5 ( Z 1 Z a t 0 •- c 0 E.� w w .a O Cle ..-, t' .� avw aGi cn x w 0 E °' o cg : a C x U .., 0 au 0 al 44 bA [O W Q O 0 •p p ) c.� a c, 4, a a s. bA E CLJ '0 E a 0 a x 'G a ca "ty o 0 O et 0. C C1.. 0 o U U U 0 O W + .p a+ J O y O el • o v A aU ,� W W Z• g O, i 0 .;� .6.U U cn O ea co) a a A o ?i >, y O 0:1''' b W a o o A a v o a, �a = ° _ w W few u UZ 16026 ,_, „s 3 ° ,. U v Z • a asbil .0 'a v .i.l m o E bA A 0 H •c 6 A u •., t v a Cl) w 0 Cl) CU -,.+ cu .01 Cu CA Q H ... F" ' 0 U h • L H b ▪D 0 U a 3 a v cu ci) 0 _, E. OJ 4,6 N Q O OJ Z CI) v •CU a) V i_OI 0 To bA' oJ v v U 0) '7; w O b v 0 A v v Oct '> G ao cfa w za� � c u z 5 - u .E U 0 CO 7t li w 12/20/2012 12:S2 94 15050455 BIDWELL :CMECARE SERVICE #6251 P. 002 /002 16P ? Homernstead 10621 Airport Pulling Rd. 1 ®` Naples,Ft,34109 December 20,2012 ` 'i I perxo 239-596-2030 To whom it may concern: Laura Gillian,our administrator has my permission to sign the Collier County bid and contract. Thank you, , .64"01-44)(j20 Sue Bidwell Owner „.....01.14 16 026 A`°R°' CERTIFICATE OF LIABILITY INSURANCE 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 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 CONTACT NAME: Lockton Risk Services PHONE 800-434-7607 FAX (A/C.No Ertl. ,(A/C.No): P.O. Box 410679 E-MAIL ADDRESS: Kansas City, MO 64141-0679 INSURER(S) AFFORDING COVERAGE NAIL# INSURER A; Columbia Casualty Company 31127 INSURED INSURER B: Bidwell Service Care, LLC dba Home Instead Senior Care; Bidwell Home Care Service, LLC INSURER C: 16520 South Tamiami Trail, #214 INSURER D: Ft Myers, FL 33908 INSURER 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. INSR 1 ADDL ISUBR LTR I TYPE OF INSURANCE INSR WVD I POLICY NUMBER (MMIDDIYYYY) (MM/DD/YYYY) LIMITS A 'GENERAL LIABILITY x HCA-0419730883-2 101/14/2012 01/14/2013 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300 000 PREMISES (Ea occurrence) $ , CLAIMS-MADE x OCCUR MED EXP(Any one person) $ 5,000 I PERSONAL&ADV INJURY $ 2,000,000 J GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Included —, _ x I POLICY I PRO- ' I LOC $ A AUTOMOBILE LIABILITY HCA-0419730883-2 .01/19/2012 01/14/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED I---SCHEDULED AUTOS AUTOS 1 BODILY INJURY(Per accident) $ X HIRED AUTOS NON-OWNED PROPERTY DAMAGE (Per accident) $ I i $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB I CLAIMS-MADE AGGREGATE $ DED ,RETENTION$ $ WORKERS COMPENSATION WC STATU- I !OTH- AND EMPLOYERS'LIABILITY Y/N I TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTI EACH ACCIDENT E.L. $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE-EA EMPLOY If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability HCA-0419730883-2 01/14/2012 01/14/2013 Each Claim $2,000,000 Occurrence Form Aggregate $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) See Attachment for Additional Coverage Information CERTIFICATE HOLDER CANCELLATION Collier 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 AUTHORIZE REPRESENTATIVE AA* ' ©198 -2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 10702556 719432 16026 AGENCY CUSTOMER ID: 719432 LOC#: ,4i �-p� ADDITIONAL REMARKS SCHEDULE Page 1 Of 1 AGENCY NAMED INSURED 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 ADDITIONAL 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 cnahccertat DEC;'l'/2O17 3F l 04: 23 PM Rome Instead FAX N. 2K2262022 222 0 ' From:SUMtIT CONSULTING To,2392260022 MICHELLE Msq#293181.0,4 12/14/201 6411 IQ, 2 CERTIFICATE OF LIABILITY INSURANCE , DATED o;�""' ') 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 eortificete holder is an ADDITIONAL INSURED, the policy/Jac)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 w,M Janis Linda Russell Russell Insurance Agency, Inc. 6,En : (727) 364 1928 VAN,* (727) 799-3958 1750 Carlisle Farms Dr Traverse city, Ml 49696 _ __ _ esuesittuRrtetDINGCOV_ERAGE _ _ NAICE ? -RetailFirst Insurance Company "I INSURER ? .,..� y ! 0700 INSURED INBIIR�t B-�� _ Bidwell Service Care, LLC Home Instead Senior Care INSURERD: --------------.—__- 10621 Airport Pulling Rd Ste 1 INSURER -- `-_�.__ 1,_,._,,-�,,___ Naples, FL 34109-1599 - elsuaEtF: u� I COVERAGES CERTIFICATE CERTIFICATE NUMBER REVISION NUMBER: This I5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAIgo. Not WIIHsLANDING ANY K CQUTh MbNI, ItI{M OH CONDITION 01• ANY CONTRACT ON 0IHE1( PUCUMCNI WII11 KtSPtCI 10 WHICI.1 I HIE 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; 10.ODL$L16R POLICY EPP POLICY4,kP LYR TYPE DF INSURANCE firm +mr°1 POLICYNUMBER (MMMuJYYYY) INVAJDoNTYYI LIMITS GENERAL LIABILITY I EACH OCCURRENCE __��8_ _ __ _ er ♦ d • • + . CCIMMFRCIAI nFNFRAI I IAa I IiY !J r_"2_£fl—�___.—___._.___ 1 PREMI S En aaeu n >R -_•- JMAW-MADE 0 OCCUR MED 002(Any one person) j$ -- 1 L,-••— �...•.•..•.•.-......-._._._-__ 3 I ,PERSONAL 8 ADV INJURY__�S ____ �_ . J • ___1 1 GENERAL AGGREGATE S 3EJL AIGREOATE UNIT APPLIES PE -PRODUCTS_COMPIOP AGO $e- 1 POLICY 17 Fsi f LOG I AUTOMOB*LE LIABLNY COMBINED SINGLE Limn ANY AUTO e0DLY'PIJURY(Per parson) $ I' ,,ALLOWN:LI r-- t8T. )ULt:u L!AUT06 AUTOS ODDLY INJURY(ParaccNenD $ HIRED AUTOS NON OWNED PROPERTY DAMAGE _AUTOS iPeraccdeM) $ S � EACH GtCURQENCE S • I +UMBRELLALIAB I=Dual l i EXCESS LIAS !CLAIMS-MADE AGGREGATE 1 $ I I OED 'i RETENTIONS $ WORKERS COMPENSATION 0520-32582 01/142012 01/14/2013 X � IOTH• AND ENPLOYERV LIABILITY Y!N ANY PROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBER EXCLUDED? IN/A rE.L EACHACCDENr _- S_,T^�� 50Q,000 •(Manddary rn NH) GL DISCAsc-DA CMPLOYCC 5 500.000 1 Ir vye�ee deaalba ender ...M ._._..—_ __ I DFRtPIPYKIN:7F pPf=RATIINR rMk1w E.L.DISEASE-POLICY LIMIT s 500,000 3 I! i DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ANaoh AcCRD in,A IditonRIRonaavI*545ed41e,if mere*Ram is requIndI Item 3, A,:Workers Compensation Insurance applies to the Workers Compensation Law of the states listed here: Florida CERTIFICATE HOLDER CANCELLATION Collier County Govemrrtent 3327 TBtTNSrttl TN 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 REPRESENTATIVE Carol Sipe eath,e9e:4. @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25{2010/05) The ACORD name and logo are registered marks of ACORD 16026 1 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office (� ri4G 112 5. BCC Office Board of County Commissione ■02-rb c2. 6. Minutes and Records Clerk of Court's Office �M , IE PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.D.26 Approved by the BCC Type of Document #12-5856—Wvices For Seniors Agreement Number of Original 2 Attached ht S Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, n,� resolutions,etc. signed by the County Attorney's Office and signature pages from �! contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N�� 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the fmal negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. N y1 Some documents are time sensitive and require forwarding to Tallahassee within a certain l� time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on q enter date)and all chan made during the meeting have been incorporated in the attached document.Th County Attorney's Office has reviewed the changes,if applicable. 16026 MEMORANDUM Date: January 4, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Lifeline Systems Company Attached is an executed original copy of the contract referenced above, (Item #16D26) approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16 026 . , RECEIVED Purchasing Department CO 3327 Tamiami Trail East ....,00000."46 .0.—........ kiL . � Naples, Florida 34112 _ Adcrse�i on { Telephone: (239)252-8375 Purchasing RISK MANAGEMENT FAX:(239)252-6597 Email: DianaDeLeon(a,colliergov.net www.collieroov.net/purchasino Memorandum Date: December 11, 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any qu- io s, please contact me at the ab referenced information. -nce Appro -d By: /z-- Man. :er ' . nVrc- Signature Date (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsand Letters/RiskMgmtReviewofl nsurance4/15/2010/16/09 16026 RECEIVED AGREEMENT12-5856 for DEC 1 2 DISK M�aNAG2012 EMEN3 Services for Seniors THIS AGREEMENT, made and entered into on this // day of.0°C"1,n i , 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 1/e'rw}1hot , 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 12 16026 ' 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 16026 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 16026 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 16026 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 16026 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 16026 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Bro Jerk of Courts B !, By Da te.• .4 4;4'1 Fred W. Coyle, Chairman i w1 CMS • Lifeline Systems Company d/b/a Philips Lifeline Vendor 4)// (1(. .AA Vr` By: , First Witness Signature Audra M. Tella TType/print witness nameT Janice Morison, Mgr. Contracts Administration Sec n�5 d W tness Typed signature and title Cynthia Dikun TType/print witness nameT Approved as to form and legal sufficiency: Assistant ount v Attorney Print Name Page 7 of 12 16026 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL. Rate Per Unit AMOUNT Service Cosa In Kind to Supplier (Multiply the Description Referenced Per Match (Subtract In 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) 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 12 16026 Weekly Service Log Vendor Name,Address From Date 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. Client Grant Adult Enhanced Homemaker Shopping Personal Respite Resi (Funding Day Chore Chore Companion (In- (Ii Name Assistance Care Source) Care Home) Faci Grant Adult Enhanced Respite Rest Client Homemaker Shopping Personal (Funding Day Chore Chore Companion (In- (Ii Name Assistance Care Source) Care Home) Faci 16026 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 'rue Wed Thurs Fri Sat Sun Servi4 Desm ip Service Dates 16026 LIFELINE SYSTEMS COMPANY SECRETARY'S CERTIFICATE I, Joseph E. Innamorati, Secretary of Lifeline Systems Company (the "Corporation"), do hereby certify that the following is a complete and correct copy of the resolutions duly adopted by the unanimous written consent of the Board of Directors of the Corporation as of July 26, 2012. Such resolutions have not been amended or modified and are in full force and effect: SIGNATURE AUTHORITY BE IT RESOLVED that effective July 30, 2012 the Governing Authority (Board of Directors) of the above Governing Authority (Corporation) does hereby authorize Janice Morison, Manager, Contracts, and her successors to negotiate, on terms and conditions that she may deem advisable, a contract or contracts with the Texas Department of Aging and Disability Services (DADS), and to execute the contract or contracts on behalf of the Business Organization(Corporation), and further we do hereby give him/her the power and authority to do all things necessary to implement, maintain, amend, renew or request closure of the contract. Although the authority of the successors is binding on this Organization (Corporation), it is acknowledged that this Organization (Corporation)must specifically authorize another party by name in a resolution within 30 days of the change in authorization, or when specifically required by DADS, whichever is sooner; and it is FURTHER RESOLVED, that effective July 30, 2012, Janice Morison, during her tenure, be empowered to conduct and maintain the Lifeline Systems Company Business in the USA and may bind this Corporation in accordance with the internal limits of authority recorded in this Corporation's Authority files, subject to Royal Philips internal mandatory rules as may be applicable. This consent may be executed in separate counterparts, all of which, taken together, shall constitute the record of the adoption of the foregoing resolutions. IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 6th day of August,2012. Signature: Name: Joseph E. amorati Title: Secretary 212 345-5000 12/3/2012 10: 29:46 AM PAGE 4/004 Fax 51r6r0 26 PHILIPS Philips Electronics North America Corporation 3WU NinwevanRood.Andover.MA 01810 Subject: Memorandum of Insurance We have changed.how we respond to customer requests for information about our insurance program. We now offer an online Memorandum of Insurance(MUI) 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 12/31/08,you may obtain information about our insurance coverage from the Memorandum of Insurance(M01).on the website address listed below. Please retain this website address so that you can refer to it whenever you need information about our insurance program. Please note that the website address is case sensitive. Memorandum of Insurance Web Address: httn://www.rrmrsh.comtmoi? t—A3$Z *Do not include the"http /P',start with www This online service is provided through out 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 Instirance. Should you have.any questions,the contact person listed on the Memorandum website is available to assist you in accessing this information_ Sincerely, 4"Zwees.02":21g**'"21'‘-- Thomas Gannon Risk Manager 212 345-5000 12/3/2012 10 : 29: 46 AM PAGE 2/004 Fax Se ve D 2 6 Ac$ CERTIFICATE OF LIABILITY INSURANCE I DATE 12012 lYYYY) tw 12103CL012 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 CONTACT Marsh USA,Inc. NAME:PHONE 1166 Avenue of the Americas (A/CC.No.Eat): (A/C,No): New York,NY 10036 E-MAIL AtIn:NewYork.certs@Marsh.mm Fax 212.948.0500 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC S 705401-PHILIcasx-11-12 INSURER A:National Union Fire Ins Co Pitlsbulgh PA 19445 INSURED INSURER B:Travelers Indemnity Co Of CT 25682 LIFEUNE SYSTEMS COMPANY 3000 MNUTEMAN ROAD,MS 5301 INSURER C:Travelers Property Casuaty Co.of America 25674 ANDOVER,MA 01810-1099 INSURER D:Phoenix Insurance Company 25623 INSURER E: _INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-005910344-02 REVISION NUMBER:9 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MM/DDIYYYY) LIMITS A GENERAL LIABILITY GL 321-2183 12/312011 12131/2012 EACH OCCURRENCE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED r 000 PREMISES(Ea oxx:urrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY _ $ 2,000,000 GENERAL AGGREGATE $ 6,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 6,000,000 POLICY n PR6 n LOC $ B AUTOMOBILE LIABILITY HC2E-CAP-477M1074-TCT-11 1213112011 12/312012 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY (Per $ AUTOS AUTOS ( _ NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Peraocadent) — $ _.. $ — UMBRELLA LIAR OCCUR EACH OCCURRENCE _ $ EXCESS LIAR CLAIMS-MACE AGGREGATE _ $ — DEO I RETENTION$ $ C WORKERS COMPENSATION HC2J-UB-477M1086.11(AOS) 12/312011 12/312012 X I WC STATU- I I oTH- AND EMPLOYERS'LIABILITY TORY I IMITS ER D ANY PROPRIETOR/PARTNER/EXECUTIVE YIN HRN-UB-477M1098-11(AK,MA,WI) 12/312011 12/312012 2,000,000 OFFICER/MEMBER EXCLUDED? © N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Amen ACORD 101,Additional Remarks Schedule,If more space Is required) All operations in the United States and Canada(see page 2). The certificate holder named below is additional insured under the Managers or Lessees of Premises Broad Form referenced on pg.2 Coverage Includes Host Liquor Liability. CERTIFICATE HOLDER CANCELLATION Collier County Board SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POUCY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Cynthia Y.Kim '. *-- 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 212 345-5000 12/3/2012 10 :29: 46 AM PAGE 3/004 Fax Server 16D26 AGENCY CUSTOMER ID: 705401 LOC#: New York ACCORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA,Inc. LIFEUNE SYSTEMS COMPANY 3000 MINUTEMAN RCiAD,MS 5301 POLICY NUMBER ANDOVER,MA 01810-1098 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The policies on Page 1 of the Certi ate 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 for an owned,non-owned and hired automobiles. -The Additional Interest of Lessor as respects vehicles leased to the Insured. •WC in ALL states exduding Monopolistic Slates where the insured is not a qualified self-insurer and Canadian Accident Fund. Excess Workers'Compensation: HWXJUB-077M1105-11(OH,WA) The Travelers Indemnity Company of Connecticut 12.131/2011-12/31/2012 Self Insured Retention:$500,000 BI by Accident-Each Accident$1,500,000 BI by Disease-Each Disease$1500,000 131 by Disease-Each Employee$1,500,000 ACORD 101(2008101) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP D 2 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office /, 113 5. BCC Office Board of County Commissioners I 1 o It , 6. Minutes and Records Clerk of Court's Office ` i \ ` (s (�3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-83 55 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.D.2 Approved by the BCC Type of Document #12-5856—Services For Seniors Agreement Number of Original 2 Attached Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, fj p resolutions,etc.signed by the County Attorney's Office and signature pages from lJ` contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's /A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the g D document or the final negotiated contract date whichever is applicable. Cji 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. N'A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on19 ' (enter date)and all change made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. MEMORANDUM 161326 Date: January 9, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Gulf Coast Assisting Hands, Inc. Attached, is an original copy of the contract referenced above (Item #16D26), approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16D26 Purchasing Department Co " County 3327 Tamiami Trail East Naples, Florida 34112 _ AcIrriristretNe Sew Division Telephone: (239)252-8375 Purchasing FAX (239)252-6597 Email:DianaDeLeon ancolliergov.net www.collierclov.net/purchasino Memorandum RECEIVED Date: December 11, 2012 DEC 1 ? 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz RISK AN GEMENT To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have an•estions, please contact me at the above referenced information. ns - - • ,s oved 01°- % /Li/2./ -nage Risk Finance Signature Date (Please route to Cor unty Attorney via attached Request for Legal Services) G/Acq uisitions/AgentFormsandLetters/RiskMgmtReviewofl nsu rance4/15/2010/16/09 16026 GonzalezGreily From: CarterRaymond Sent: Tuesday, December 18, 2012 8:48 AM To: DeLeonDiana Cc: MarkiewiczJoanne; ColliMarian; GonzalezGreily; MausenGeorgina Subject: ContractS for 12-5856"Services for Seniors" All Risk Management has approved the certificate(s)of insurance for the following vendors under contract 12-5856: 1. Southern Home Care Services, Inc 2. Summit Home Healthcare Products 3. Lifeline Systems Company 4. Sunrise Community, Inc 5. VIP America of Southwest Florida, LLC 6. First Care Home Services, Inc 7. Care Club of Collier County, Inc 8. NurseCore of Fort Myers �1. Gulf Coast Assisting Hands, Inc These contracts will now be forwarded to the county attorney's office for their review. Regards, Ray Ra.y. Manager Risk Finance Collier County Board of County Commissioners 3311 East Tamiami Trail, Bldg D Naples, FL 34112 Office 239-252-8839 Mobile 239-821-9370 Fax 239-252-8048 Interview Entry Incident Notification Link Under wlorada Law._e..rn ail addresses are public records If you do not want your e-tnail address i le :;es in tespor_3c to a pubic he. u..request, o not se nd electronic mail to this entity.Instead.contact this office by telephone t3'.'in writing. 1 16026 AGREEMENT12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this 1/ day of .b& 1 1 , 2012, by and between Gulf Coast Assisting Hands, Inc. d/b/a Assisting Hands Home Care authorized to do business in the State of Florida, whose business address is 10661 Airport- Pulling Road North, Suite 15, 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 6ecerri&, 2012 and shall terminate on/D 4)cP`n 6i , 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 1 of 11 16026 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: Assisting Hands Home Care 10661 Airport-Pulling Road N.,Suite 15, Naples, FL 34109 Attention: Robb Winiecki, Owner/CFO Telephone: 239-593-4873; Facsimile: 888-343-7079 E-mail: rwiniecki@assistinghands.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 Page 2 of 11 16026 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 11 16D26 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 16026 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 16D20 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 11 16026 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dw' t E. Pi9ck, Clerk of Courts _ By J f. d:: Fred W. Coyle, Chairman (SEAL) Attest eY 'tzioCf.j4i tease # i R e Ra . �tf�•.�° Gulf Coast Assisting Hands, Inc. • d/b/a Assisting Hands Home Care Vendor By: la, First Witness Signature 143-11.6/.4.- '1. 1/1/4, j ,'6 TType/print witness nameT iR066 &)rho ec lc i C,ro Second Witness Typed signature and title -Aestivr l'1Y\lS TType/print witness nameT Approved as to form and legal sufficiency: Item# /10.1-240 Ill A.�J/� Assistant unty Attorney Dateda ( bi UT ►1 -F LJP1n Date 403 Print Name Recd L-f+✓.� Deputy y lerk Page 7 of 11 16026 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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 16D26 Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service In Kind to Supplier (Multiply the Description Referenced Cost Match (Subtract In Unit Reimbursement er (identified Grant P Amount Kind Match Quantity Rate Per Unit Service by line) Unit Amount from to Supplier x Total Cost Per the Unit Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 CA 11' U� � d -, 16L 26 .o � m aE.Z w a a., 7cs ,s3 u m y � z 6. mz .1-1 0 L •N CA 5 w w or cl+ G ."' ap.-cc"-4.0 4 aCw aC g E °' °' O aS0 -6., [ 5 On P4 x a C� m o ° t;co ca b3 v � U � L) ' A" /2" a) a A cQ bD E w 'C. .. ea I� UJ O O''z' 41 OS 00 0 a c, a '� x 0) 0 0 p .Q o o. o. s: 0 0 m U U; 0 O A aU qU CLJ ,r1 gyp; W W RI 4i. cri v U ! U .t.i i- 0 c �' A a) v a 0 ;-, = , i; CU G EAU ': -t 'C W �v o v p el CU i.3 0 ° 0 "o tn, o ) c A v CU v 0 -- o = o W C4 %F. 0 U 16I32c) ,,,.., 0 'CI cd S.) • a cn a a) o 5 bo a 0 � o 0.)o +± H •y rn a) a; A U a) c,' m o_ w 0 m a) +� et ai Cd a) 'd en et Cc/1 4 A a) .4.' E Z H w co t a) a) CA .- 4 C O 0 .. U Q" a' a) a) CO CA a) • v [i. A F 0 4 O.) eS Cr) v el a.L. U o ea ozez D, a., rn r.w _. ..> = a) co r cc a) •U 43 a 0 U re „0 v Z A .0 4 � a) G .v imv `' Ck at • 0 a) a.) w a „ El a) E o .v ° A y - U U . a 0 PZ c w ___........,N GULFCOA-01l 626■ ACOR O DATE(MM/DDmYY) 4111 —.---- CERTIFICATE OF LIABILITY INSURANCE 11/27/2012 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). CONTACT PRODUCER ' NAME: Western States Insurance Agency of Boise PHONE FAX Western States Insurance Agency,Inc. ^(A/C,No,Est):(208)345-7330 ,A/C No): (208)342-5130 2200 South Orchard Street ADDRESS: Boise,ID 83705 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ace USA INSURED INSURER B: Gulf Coast Assisting Hands,Inc INSURER C: dba Assisting Hands Naples 10661 Airport Pulling Rd N.15 INSURER D Naples,FL 34109 , INSURER 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. INSR ---- -_-- -----"-- ----" ADD-CSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER LIMITS _.... ----- — --- '�(MM/DD/YYYY) (MMIDD/YYYY)I GENERAL LIABILITY ' EACH OCCURRENCE $ 1,000,000 • `DAMAGE TO RE MhU A X COMMERCIAL GENERAL LIABILITY CRLG25501998001 2/5/2012 2/5/2013 PREMISES(Ea occurrence) $ 100,000 • _ • CLAIMS-MADE X OCCUR MED EXP(Any one person) , $ 2,500 ' PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 X POLICY PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1000,000 '(Ea accident) _-.---- $ ,_ A ANY AUTO CRLG25501998001 2/5/2012 2/5/2013 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS • BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED - PER ACCIDENTIAGE $ • AUTOS ( -—� -- $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS _—. ER ANY PROPRIETOR/PARTNER/EXECUTIVE ---. - E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A --- ---- ----- -- -- - (Mandatory in NH) --"" • E.L.DISEASE-EA EMPLOYEE', $ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT• $ A Professional CRLG25501998001 2/5/2012 2/5/2013 ioccurrenc 1,000,000 A :Professional CRLG25501998001 2/5/2012 2/5/2013 ;Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) !Proof of insurance for coverages listed. Employee Benefits Liability Limit$1,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East • Naples,FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD _�"IN GULF-60 6112 AiCORD� DATE(MM/DDNYYY) 1 �.- CERTIFICATE OF LIABILITY INSURANCE 12/07/12 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(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 239-649-1444 CONTACT Insurance and Risk.Management 239-649 7933 PHONE FAX Services, Inc. LAIC,No,Extl: (NC,No): 8950 Fontana Del Sol Way#200 E-MAIL Naples, FL 34109-4374 ADDRESS: William H.Kuhlman,CPCU,ARM INSURER(S)AFFORDING COVERAGE I NAIC# INSURER A:Bndgefield Employers Ins.Ca. 110701 INSURED Gulf Coast Assisting Hands, INSURER B: Inc. 10661 Airport Pulling Road N. INSURER C: Naples,FL 34109 INSURER D: INSURER 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. INSR TYPE OF INSURANCE INSR I SWVD POLICY NUMBER POLICY EFF I PMIDDI EXP LIMITS I IMMIDDIYYYY)I(MMIDDrm^r) GENERAL LIABILITY EACH OCCURRENCE I$ COMMERCIAL GENERAL LIABILITY DAMAGE ( E S RENTED _ PREMISES(Ea occurrence) $ CLAIMS-MADE I I OCCUR MED EXP(Any one person) $ I PERSONAL BADV INJURY I $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PJECRO I $T I LOC i I AUTOMOBILE LIABILITY 1 j COMBINED SINGLE LIMIT 1 (Ea accident) I S I ANY AUTO BODILY INJURY(Per person) I $ ALL OWNED SCHEDULED BODILY INJURY(Per accident)I $ _ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ '! I i $ _' UMBRELLA LIAB OCCUR EACH OCCURRENCE j $ ■ EXCESS LIAB 1 CLAIMS-MADE AGGREGATE $ DED I RETENTIONS $ WORKERS COMPENSATION WC STATU- I y IOTH-I AND EMPLOYERS'LIABILITY V/N TORY LIMITS ER , A ANY PROPRIETOR/PARTNER/EXECUTIVE 10521081510 04/09/12 04/09/13 E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 1 I I i I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION COLLC30 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Department 3311 Tamiami Trail East,#D AUTHORIZED REPRESENTATIVE Naples, FL 34112 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1613 ? 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** \V** P L Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. Emily R.Pepin,County Attorney Office County Attorney Office l 1 I 4. BCC Office Board of County Commissioners ►1g1i3 5. Minutes and Records Clerk of Court's Office 71Y\ (cif( PRIMARY CONTACT INFORMATION 1 Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Diana Deleon,Purchasing Dept. Phone Number 252-8375 Contact/ Department Agenda Date Item was December 11,2012 ✓ Agenda Item Number 16.D.26 Approved by the BCC Type of Document Contract/Agreement Number of Original 2 Attached Services for Seniors#12-5856 Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/Pr 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. rl/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on°9"`f'"` ` `dam)and all changes made AO C'a( y4t during the meeting have been incorporated in the attached document. The County 1`40 �JJ Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the<-446811 Chairman's signature. Mac. MEMORANDUM 161326 Date: January 9, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Always There Home Health Care, Inc. Attached, is an original copy of the contract referenced above (Item #16D26), approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment it* Purchasing Department 1 6 C 3327 Tamiami Trail East 026 Naples, Florida 34112 _ Ad SeNicesomsion DEL 1 2 2012 Telephone: (239)252-8375 Purchasing FAX: (239)252-6597 RISK MAN AG EMENTmail: DianaDeLeona.colliergov.net www.colliergov.net/purchasinq Memorandum s rCENED Date: December 11, 2012 DEC 2 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz RISK MANAGEMENT To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. Ins ce Approved By: t c ,1%�ger Risk Finance Signature at (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/2010/16/09 John iq P I .,, t..1 tilnr ' - -. - - - - . ' -1 , C .-) -,f1by give penirfissicln 1-c' 3-anc,..t3 i-lan7--e, Silo to sign the C.tike7..:-;c4.,,Vi Serzczes 5i,-,.. :--.i tnr tle,203 2.-2014 yea- This pehmssihill ts pny)fly tl7re allove natnet x,r):-.7:-.-4.-.: exAeflate the horttracfs stibrhist.v.on 1 6 D 2 6 . _ 1 ,-,- alind Mmicorti , t: :!saderitiCE0 ' ; 11-ieFe Home',H e a l t h C r e lirr, %-i • ,;=77.ii,:.,,-I ,,7C,- )SS Notary Pu ic, Sta7.; f Texas 45;ttti'll."3.0 KAREN TOBIAS 1 t , ..."-t, Notary Public, State of Texds i V44414:14. September 7 P,72(7i 7 ..._,,,.....................__________........_-..1 161326 AGREEMENT12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this 1/ day of hem _ , 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 /1 leG(A16 4 , 2012 and shall terminate on Atl 7YCprn 444, 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 16026 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 l J A kl EL At Ilk tkC C�� b Qr��l� I 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 2of11 16026 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 N 16026 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 16026 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 ITEMSJSERVICES. 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 5of11 16026 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 16D26 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. BOARD OF COUNTY COMMISSIONERS ATTEST:. rt_ COLLIER COUNTY, FLORIDA �. D E:•13r_Qck1=Clerk of Cou 1 ' 0 , 1116. • �-, - By: D Plc& Fred W. Coyle, Chairman T • } Always There Home Health Care, Inc. Vendor ABy: ., x4A First Witness Signature TType/print witness namet s�--� &lAuicti/Avbf4 LPAJ Lf ic' Sec d Witness Typed signature and title JADE L N s��t r .Om►nisfrAll r Lyi1n (? TType/print witness nameT Approved as to form and legal sufficiency: Assistant unty Attorney 1 Item# � (� (b2 , �nnil� pin Print Name Agenda I 2,11 f �/12 Cite Data ' J 43 10 C.C14•1V61/‘ Dei:uty C't rx Page 7 of 11 161326 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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#l0 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service In.Kind to Supplier (Multi l the Cas P.Y , Description Referenced Match (Subtract In Unit Reimbursement Per (identified Grant Amount Kind Match = Quantity Rate Per Unit Service by line) Unit Amount from to Supplier x Total Cost Per the Unit Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 U I 6D�26 yi. o o "0 e-n . a.`c bn `" O O .. Y °' d � � md � �' o b bz V y . .... c z Cu w w O L c, = -• .a a a��iLa' u ' c R: �' .: E °' ac c. 8 6 O g = D, o z h 'ar U H r� J . et Q .� a 0 cn u wo v ° a i bD o O a1? a° c "� aw 0 o. y a 'w i r C, y•c6) cu C!1 :...:.4••:•• talD o 'CI o oa O m O a ': c. U. U O „o U U ce W ... a .i. O . O c. .a Q U : � � W Q:w Z o cd Cri '� U : . U m cn •+-■ Q "Ir. p QU dr^.0•v v O c ” O i C w [ ,� a C ;�, 7 o Q v v u dE• w Raw UZ: ,.. ,...., 16 * 6 CU w,y.4... CA 5 o cn c 5 w y U r U •'r ..__........................ (1.1 W Et �' O m CU 'C RI CU CU cu bA 4.) 0 v = *t7 D a U •„ x CU HUP cij• 0 OS Q CU eel .N .,, uo v v i .0 f/ o 0 b cu ^d v 0 A s� 'Zf w -' vi CI O ‘4.(Om i S 2 py v Z E ,.a 0 o "� From:Michael Koehne Fax:(866)792-8009 To:+12392528048 Fax: +12392528048 Page 2 of 2 113/2013 16026 W Client#:60836 ALTH ACORDY CERTIFICATE OF LIABILITY INSURANCE D1/0 2IDD/YTY1) 01/03/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stanton Chapel Insurance Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Drawer 1010 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Haddonfield,NJ 08033 856 795-7500 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER k American Alternative Ins. 10732 Always There Home Health Care Inc INSURER B: National Continental 317 North Collier Blvd INSURER C: Marco Island,Florida 34145 INSURER D: . INSURER E: COVERAGES 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 CONDmONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR-ADD`L POLICY EFFECTIVE POLICY EXPIRATION LTR INSK TYPE OF INSURANCE POLICY NUMBER DATE(MM!DDlYYI DATE IMM!DD(YYI LIMITS A GENERAL LIABILITY VHHHG305188003 03/04/12 03/04/13 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISS(Ea occurrence) 51,000r000 x I CLAIMS MADE 0 OCCUR. MED EXP(My one person) $50,000 PERSONAL B ADV INJURY 51,000,000 _ GENERAL AGGREGATE s3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 53,000,000 TPOLICY fl JEGT fl LOC B AUTOMOBILE LIABILITY CNJ00070331442 03/15/12 03/15/13 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) 5500,000 ALL OWNED AUTOS ' SCHEDULED AUTOS BODILY S (Per personon)) HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY S (Per accldenl) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT _S ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG S A EXCESS/UMBRELLA LIABILITY VHHHHX535000700 03/04/12 03/04/13 EACH OCCURRENCE $1,000,000 7 OCCUR I]CLAIMS MADE AGGREGATE $1.000,000 S DEDUCTIBLE —$ RETENTION $ l $ WORKERS COMPENSATION AND I WC STATLI. 10TH• EMPLOYERS'LIABILITY I TORY 1 IMITS I ER ANY PROPRIETOR!PARTNER/EXECUTIVE E.L.EACH ACCIDENT 5 OFFICER/MEMBER EXCLUDED? Eyes.describe under E.L.DISEASE-EA EMPLOYEE S SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S A OTHER Professional VHHHG305188003 03/04/12 03/04/13 1,000,000 Occurence 3,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Collier County Government Is Named As An Additional Insured On The General Liability Policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of GATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL sn DAYS WRITTEN County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 3327 E.Tam lami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Naples,Florida 34112 REPRESENTATIVES. C/O Diana Diaz DeLeon AUTHORIZED RpvaEBENrayv 1 `r /� Purchasina Dept ////���L �(J/ �L�, ACORD 25(2001/08)1 of 2 #S138532/M122943 NSI 0 ACORD CORPORATION 1988 pATE(eMpD - D � - 401' CERTIFICATE aF LIABILITY INSURANCE 12,19,solx oz:ll, PM TIM CER 1IF1 CATE 113 ISSUED AS A MATTER OF INFO-- . ' • ONL D ••• • -. NO - -• . UPON CER • TE •, •ER.THIS OBRTTFIOATE DOES NOT AFFIRMATIVSI.Y OR NEbAT1VELY AI**ND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OP INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURSR(SI,AUTHORIZED REPRESENTATIVE opRO1 uCBB,D THE CEB.TIFICATE HQ,DER IAAPOMITANT:If the aarflcate hMUg01/1s an ACCDTT1ONAL INSURED,the poiicy(iss)must be.enddrosd.If BUBROGATI• IS WAI SD, subject to the terms and condlttons of the policy,certain policies may require an endorsement.a statement on this certificate dose not confer righte to the certificate holder in lieu of atoll Dhdorsemant(s). r PRODuCa t aperwrwe DLO:point RUN porvicss LLD ■..r 04. .Eq: (B00)72e-0520 Fa#1.41.1011(B72)404-0390 3501 rasa t e.e y, Matte 1200 e.1MAAe.aam Dallis'', TX 73240 INSUR1ERSNPPORONSCOVERAps - , INSURER A:empardefl B►epeeey.nd Cmli liar y?. . 0.•peev 12157 alSUREDI Lquity Gaup Leasing I, Inc 1/c/f: NSUREREt AIMAY9 THERE (Mtn WS IN,S� - R C; A 317 N3 R H H _ COLLIER E1VD BUTTE 201 • UM ft: E1/11V.:0 :SLAM FL 3414 9 'INSURER R Phone: (2391 399-01.10 FBX1 11 - INSURBtr, COVERAGES CERTIFICATE NUMB -' AC12-18900120-11460.3 REVISION NUMBER: -:� L' . y" - -, - -1■' - .. .�_,-i-a. . •.; •4 : .„ r _,7 ' -,7E . I-ice. 'I-• 1:.. -..- .,. . . .�,...E .,. a ^, NOTVMTHETANDING ANY REOUIRBNENT,TERM 414 CONOITION Of ANy CONTRADT OR OTHER DOCUMENT WITH REINVOTTDWNICH THIS CSRTICIOATE MAY BE ISSUED OR MAY P1;RTAIN,TTE INSUNAMCE AFPORDBD BY THE POLICIES ASCRIBED HERON IS WIWI?TO AU.714E TM_AMS.EXCLUSIONS AND GONDrnoNS OF SUONNOMFs.terns SHOWN MAY HAVE:_ REDUCER, PAID C �j� TYPE OF INSURANO6 wsR y�{a POLIDY NEWER pATE9 flI1N�?1YY1_OAP414 Aa1S EACH occue IENCE A GENERAL LIABRlT1r Q COMMERCIAL GENERAL IJABILITY • o !••eeeu..4 S I CLAIMS MADE 0 OCCUR 0 0 ieDE7(P(AN/one prow S . .PERSONAL.AANV INJURY A GENEPALACQREGATE S OEh&Al lseccaTE LI S PER `RO0uCTS-COI PLOP AGG )a " TPOLI6Y I"�l �'I Lao — A LUTOrlonn.e I LL A UTY 1 I COMM.CO NGLE L791T I AMYAUTO '� ISCWIEDAUT09 ❑ I...1 SC1fE9U.L AUTOS BODILY KAY IPer POdsmfl �S HIREDAUI'OS (Pr•a(1' DAMAGE $ NON.OWNED AUTOS - — UMBREiLA LIAB LOtAIuMMADE - 'Mot(OCc%MRF_NCL• S EFCESA LIAB - I• OCCUR ❑ AOOi i 1D DElwansll E S RETENTION S VS gE L�OI SASATIOIT�ND -X ANY mIYER,L1ORIEEE ® E.L.FAN ACCIDENT a 1000000 ANY hkGPFR It:TORPO(C , O ICER,M NI NN) CLU " 0 , 01/01/20,13 04/01/201x p, andeaDly NNN) L1 DPEa6272�ADZ60 EJ.Ot5Fi+9E.kAli1MPL0YEE I ?.000000 R 0nd•r L W D O M A N i 0 1000000 special,PROYi N below -.. 0 ❑, DE9crrRIPT18WDF OPERA1TIOt4SII CATIOPBIVENICC ACtl1 Di61,Nalle�annI mom soono.I stem tow I••spnb+d Grovhif c ly.iigeal OrES, v{4 $eVeno€ i videe tOT AJ iecnil_ COgnnt l B g+odalOE iDq,'We Equity bLe o7;zCl119 .1. et; e3C eepecc ite0 yzH lla li't A£c ctiveyer/unoer-theeypa.icyns for o aayees 21.2A(y igV Cqu ty Gl cup Aa1nQ Maze HOLDER CANCELLATION BIOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXYTRA'I1ON DATA TriEREDE.NOTICE WILL BE DaNEREO IN ACCORDANOS WITH C 11.mmy CI.y 6oerel o 4 County Comm}•niartera T7iEPOLICYfROVLSIONS. 2800 N. 110td•nho. DrtvA Npples, H. 3(1104 • AUTNORMW RirReVENTATVE .0 ACoRITS1(2O10105) 511988-170 ACORO COT ORATION.AN right reserved ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP 16026 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office 5 5. BCC Office Board of County Commissioners 6. Minutes and Records Clerk of Court's Office t L q 1c3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana.DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.D.26 Approved by the BCC Type of Document #12-5856—Services For Seniors Agreement Number of Original 2 Attached Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, ?X'resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the (p document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's fJ signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on i enter date)and all changes made during the meeting have been incorporated In the attached document.The County Attorney's Office has reviewed the changes,if applicable. 16026 MEMORANDUM Date: January 9, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Eleven Ash/Health Force Attached, is an original copy of the contract referenced above (Item #16D26), approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment Purchasing Department 16 El E 2 6 co ] `� 3327 Tamiami Trail East Naples, Florida 34112 Ackrinistrative Services Iwo Telephone:(239)252-8375 Purchasing !iElL` 8 2012 FAX: (239)252-6597 Email: DianaDeLeona,colliergov.net ILK P1ANAacMENJ' www.colliergov.net/purchasinq Memorandum Date: December 14, 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. � Eleven Ash/Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any qu- •n s, please contact me at the above referenced information. 4/E Insura A.. /2/r/ ( n:nce Signature Date (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsand Letters/RiskMgmtReviewofl nsurance4/15/2010/16/09 HEAT 16026 L H 1DDD L77 THE PROFESSIONAL HOME CARE PEOPLE 5276 Summerlin Commons Way,Suite 702 Fort Myers,Florida 33907 (239)275-4747 Fax: (239)275-4210 LIC#HHA20441096 December 11, 2012 To Whom It May Concern: Charlene Miller has full authority to sign all contracts, legal documents and any paperwork pertaining to Eleven Ash Inc dba Health Force. Any questions or concerns please contact me at 239-275-4747. Sincerely Nancy c Gann President f3) dAGN �,,� CHRIS DEL TORO ��.._ ", MY COMMISSION#EE83421 t EXPIRES:APR 12,2015 Bonded through 1st State Insurance 16026 ELEVASH-01 GONZALEZR ````OR°6 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/1'YYY) 2/22/20,2 I 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 License#L000107 CONTACT Insurance Office of America-LNG PHONE Raquel Gonzalez FAX • 1855 West State Road 434 (A/C,No,ExB:(407)788-3000 (A/C,No): (407)788-7933 Longwood,FL 32750 aDOalESS:Raquel.Gonzalez @ioausa.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Evanston 35378 INSURED INSURER B:Bridgefield Employers Ins Co 10701 Eleven Ash,Inc.dba Health Force INSURER C: 5276 Summerlin Commons Way Suite 702 INSURER D Fort Myers,FL 33907 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (M M/DD/YYY1) (MM/DD/YYYY) GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY SM884262 12/27/2011 12/27/2012 50 PRMAGE RENT PREMISES S((Ea occurrenceED )_ S r 000 X CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,000 X Professional Liab PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE OMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY PRO- JECT LOC S AUTOMOBILE UABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ANY AUTO SM884262 12/27/2011 12/27/2012 BODILY INJURY(Per person) $ - ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident X UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB X CLAIMS-MADE UM-800015 12/27/2011 12/27/2012 AGGREGATE $ 2,000,000 • DED RETENTION WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS °R - AND ANY PROPRIETOR/PARTNER/EXECUTIVE 830-43724 12/24/2011 12/24/2012 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 1/ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) • 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 3301 County Sail Eas for Seniors - 47 3301 Tamiami Trail East (Naples,FL 34112 • ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16026 AGREEMENT12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this I It41day of Dcc , 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 D Es t I , 2012 and shall terminate on � � ;"i,�,- Ic, 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 16026 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 ...f76 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 16 D 2 6 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 16 D26 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 16026 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 16026 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 16026 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA ,i Dwight E.Brock, Clerk of Cou s It 4._,.�, ;zr �'' By: t .�. Dated: t ®Il t s _-=--�-=—=-_--- w - . (SEAL) Fred W. Coyle, Chairman / t•:t+? •Y as tkil0 ► ism�. " W Eleven Ash, Inc. d/b/a Health Force Vendor By: • First Witness Signature �c\s -CC)I© ype/print witness name I _ilwoulliou a,, A4//e-cAbilini Second Witness Typed signature and title Type/print witness name Approved as to form and legal sufficiency: efrudATejavvi- Item# I tabu) Agenda J Assistant C rty A Date �Z/f tI(2 l eh() ( 1 y R - Date Ili /V / P n■� Rec'd l✓ Print Name`�' Deputy Clerk 160 26 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number - Reimbursement TOTAL Total Rate Per Unit AMOUNT Service Cost In Kind to Supplier (Multiply the Description Referenced Per Match (Subtract In 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) 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 ,., 613 2 c „„ . . . . . = , 2 s e a)� .•N 1:4) U G bk O ,p a) d a >, m Q y. a, o .Z B a � W a � t a d a b ao � z r4z CD ..�� O L •'y C U E W W rei 41 � G .0 G▪ G ; a ac ct a44 rn a a I LI o o Cx � o a▪ x H = 0 o0 4 •� P.• U U con ea PI Q CD u t30 8 0 Ch t3.0 ti [-I w o 0 a a � i-4 cn a CIJ .4 •• z '�CI t MI U G1 s, r/1 4 .0 x bi)a) 8 0 U 't O a C 0 a ea a a a 0 0 U U o .ti O ed 0 .0 Ii CIJ cU .p 2 W W I s ca . L 0 el ,I 0 0 Cl) cn O h� •8 '4 E -o A e° b �+ .i p U EAU ctl d' '1w b I- 41 Ti O z CCI � CI O A _v v _ O E u z 0 0 0 6 U 2 a c� W w 0 UZ 16026 o U o CU CI 5 a m 0 v 0 5 bA c7 0 y G O H a v a.; A u D CU Gn 0 ' w C) 0 U c ca 43 al cA 4 A la g H w H '� a) 0 cA "10 H a 0 0 a, v a 3 › a, x a, c El E es H A 0 a CU L._, 0 GI v CU M U 0 a ao w 4 CU a 2 .� tom,., O U b y CI) CI g C .0 w g 8 os av a) z z .o 4- cU ms U A u .., E 0 14 W ...............1 ELEVASH•01 ik,riz2 ...-c-„,„„,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 112/2013 i 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(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(e). PRODUCER CONTACT NAME: Raquel Gonzalez insurance Office of America-LNG PHONE 407 788-3000 FAx 407 788-7933 1855 West State Road 434 Ma"EMI'( (uc,No);( ) Longwood,FL 32750 ADDRESS:Raquel.Gonzalezt§loausa.com INSURERS)AFFORDING COVERAGE NAIC U INSURER A;Evanston Insurance Co 35378 INSURED INSURER S;Michlgan Commercial Ins Mutual 10998 Eleven Ash,Inc.dba Health Force INSURER C: 5276 Summerlin Commons Way Suite 702 INSURER D: Fort Myers,FL 33907 INSURER 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 SE 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. ADDL SUER POLICY py�(� ILTR TYPE OF INSURANCE INSR PM POLICY NUMBER IMMIDD/YYYYI (MMM1DDIYYYYI UNITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY SM$91210 12/27/2012 12/27/2013 PREMISES( oorurrerwe) $ 50,000 I CLAIMS-MADE 13 OCCUR LIED EXP(Any one Parson) $ 5,0001 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000+ OWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPJOP AGO $ 1,000,0001 _ )—CI POLICY n jECT n LOC $ I AUTOMOBILELIABIUTY COMB! INGLE LIMIT $ 1,000,0001 A ANY AUTO SM-891210 12/27/2012 12/27/2013 BODILY INJURY(Per person) S AUTOS OWNED —AUTOS SCHEDULED BODILY INJURY(Per accident) S X HIRED AUTOS X N°NO-OWNED PETE RTY AMAGE ACCID DENT) $ _ $ X UMBRELLA UAB OCCUR EACH OCCURRENCE $ 2,000,OOOi A EXCESS UAB X CLAIMS-MADE UM-800048 12/27/2012 12127/2013 AGGREGATE S 2,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X I WC STATU• I 10TH- AND EMPLOYERS LIABILITY TORY LIMITS ER B ANY PROPRIETORIPARTNERIEXECUTIVE YI N WC100-0016128 2012A 12/24/2012 12/24/2013 E.L.EACH ACCIDENT S 1,000,000 OFFICERATEMBFA EXCLUDED? n N I A (Mandatary In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,0001 it yes,desalbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,0001 A Professional Llab SM-891210 12/27/2012 12/2712013 Annual Aggregate 3,000,000, DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,[(mare apace Is required) REF:Contract•05-3823 Collier County BCC Is additional Insured as respects to general liability as required per written contract 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. ColllerCounty BCC Purchasing DepartmentAttn: Diana Deleon AUTHORIZED REPRESENTATIVE Tamiami Trail East Building h Building G '_` INaolos,FL 34112 ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16026 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 fisted thereon. • • • •;ORD 25(2001/0a) 16026 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office n • i 2 rte' I Z 5. BCC Office Board of County Commissioners 013 ,11113 6. Minutes and Records Clerk of Court's Office -71(Y\ l (3 r(3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.D.26 Approved by the BCC Type of Document #12-5856-Services For Seniors Agreement Number of Original 2 Attached 10 Documents Attached !/ INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, �_Q resolutions,etc.signed by the County Attorney's Office and signature pages from l�( contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board �� 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. eP 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. ��p Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on /. ./.i f Zdtz.(enter date)and all changes ---' made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. 16026 MEMORANDUM Date: January 4, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Care Club of Collier County, Inc. Attached is an executed original copy of the contract referenced above, (Item #16D26) approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment Purchasing Department 161126 " City 3327 Tamiami Trail East Naples, Florida 34112 _ AciminisirabVe Services Division Telephone: (239)252-8375 Purchasing EL i VED FAX: (239)252-6597 Email: DianaDeLeon aacolliergov.net DEC 12 1012 www.colliergov.netlpurchasing Memorandum RISk �',gNAGEMENT Date: December 11, 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any qu- ••ns, please contact me at the abo referenced information. Ins - _`•. :•ed By:/ ■ 1► & / 1 fY lz Manager Ri Finance Signature Date (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewoflnsurance4/15/2010/16/09 DEC 12 20 12 16 0 2 6 AGREEMENT 12-5856 RisKIV1, GM� IV) for Services for Seniors THIS AGREEMENT, made and entered into on this /1 day of heel/n/014 , 2012, by and between Care Club of Collier County, Inc. authorized to do business in the State of Florida, whose business address is 1800 Santa Barbara Boulevard, Naples, Florida 34116, 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//N'C�ih , 2012 and shall terminate on/0 1 €c€n,6.14, 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 16026 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: Care Club of Collier County, Inc. 1800 Santa Barbara Blvd., Naples, FL 34116 Attention: Luanne Wahlstrom, Executive Director Telephone: 239-353-1994; Facsimile: 239-455-8507 E-mail: careclubl @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 160261 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 16026 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 16D26 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 16026 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 16026 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. BOARD OF COUNTY COMMISSIO ERS ATTEST: COLLIER COUNTY, FLORIDA Dwigh.bE.1$i ock,clerk of Courts + I ` `r"IP it .' v By .�.,.�..� ..-�`C , By: �_ - _ A Datd: 7211 ,. 3 Fred W. Coyle, Chairman 4.t,Atiatr a asimww+' Care Club of Collier County, Inc. Vendor hi 'I i By: o Cvlc444., GV First Witn:. Signature /11/., ii on TType/ .rint witness nameT Paiuctot, ak..,evAJ Luonne Wall/S m EX. biree4Y Second Witness Typed signature and title Y thi'aa A-ke►mss TType/print witness nameT Approved as to form and legal sufficiency: Assistant C unt At orne Y Y tet(Y1 N pp - Prit Name Page 7 of 11 160261 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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#l0 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service > In Kind to Supplier (Multiply the Cost Description Referenced per Match (Subtract In Unit Reimbursement (identified Grant Amount ; Kind Match Quantity Rate Per Unit- Service by line) Unit Amount from to Supplier z Total.'Cost Per the Unit Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 , _ . 16D26 r+ LUCP C = O O O W W ate' ct r, w "~ bn a bn• L _ w O p: W y C4C Q C7 y .,., 4 ..w_ a E ?' '. n) , o a .. H . 4+ a1 O bD :u bD Ew °a ° a c O O c. � a■ W: :Q) C h U L m y •� d L L bt E U •� x "0 o o .• 0 °• a A, 0 U v O v Q n U U .� O W E . W L a Ri v U U_.! - M 0) c' [ -0`v •-• •o p Q 001 01 "CI E 4 C ci Q m: Sur U +' 4) .,- ,� cu o W Paw U. Uz . . ... . 1 . 026 o ct w En bA 0 y c H z. a v v .a cn w :.. O m cu a) e� q V]'. Svi C!] •,•∎ tat • .H O v a 3 v x cu cn q H o u cn y .N - U va, o U A .0 N eel c o w 8 nd CA c0 ct) y z •u o v0 q ° "o u z U O ;:-..- = 1 W 16026 nre) Care Club of Collier County Inc. December 20, 2012 Luanne Wahlstrom,the Executive Director, is authorized to sign for, bind contracts and make decisions on behalf of the Care Club. Sincerely, }&itttA GV106v1'1 Sarah Marshall, President Care Club of Collier County Board of Directors 1800 Santa Barbara Blvd., Naples, FL 34116 Phone: 239-353-1994 Fax: 239-455-8507 www.colliercareclub.org C1► 1 n air° A° CERTIFICATE OF LIABILITY INSURANCE 1 { 09/19/12 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(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 239-649-1444 CONTACT Insurance and Risk Management PHONE FAx Services,Inc. 239-649-7933 JNC.N, rq: (A/C,No): 8950 Fontana Del Sol Way#200 E-MAIL Naples,FL 34109-4374 ADDR = William H.Kuhlman,CPCU,ARM INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Scottsdale Insurance Company 41297 INSURED Care Club of Collier INSURER B:RetailFlrst Insurance Company 10700 County,Inc. 1800 Santa Barbara Boulevard INSURER C: Naples,FL 34116 INSURER D: INSURER 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. INSR TYPE OF INSURANCE 'ADM'N R WVI , POLICY EFF POLICY EXP'—- -LIR INSR MO POLICY NUMBER (MM1DD/YYYY) (MMIDD/1 Wl) LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CPS1587224 09/15/12 09/15/13 miAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(My one person) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 _.. . _. — GENERAL AGGREGATE $ 1,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY, -.. ._. ... ---- --- JE T LOC , Emp Ben. $ Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $_ • ANY AUTO • BODILY INJURY(Per person) $ ..---- --- -. ALL OS SCHEDULED BODILY INJURY Per accident $ -_AUTOS _ AUTOS I ( ) HIRED AUTOS I NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ UMBRELLA LIAB !OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE! AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- ' OTH- AND EMPLOYERS'LIABILITY Y/N X TORY LIMITS I ER B ANY PROPRIETOR/PARTNER/EXECUTIVE, ,'52030001 02/02/12 02/02/13 EL EACH ACCIDENT :$ 100,000 OFFICER/MEMBER EXCLUDED? � -N/A - _. (Mandatory In NH) , E.L.DISEASE-EA EMPLOYEE$ 100,000 If yes,describe under - _.__..._ .._ _. .. DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY UMIT $ 500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Adult Day Care Center; The Certificate Holder is listed as Additional Insured with respects to General Liability only, ITQ#09-5227 Collier County Services for Seniors; *30 day cancellation notice, 10 day for non payment.Professional Liability, 1,000,000; Sexual/Physical Abuse 100,000 per occurrence/300,000 Aggregate. CERTIFICATE HOLDER CANCELLATION COLLCO2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples,FL 34112 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16026 Care Club of Collier County, Inc. November 6, 2012 RE: Non-Owned and Hired Automobiles To Whom It May Concern, The Care Club of Collier County, Inc. does not own, operate or use any vehicles on company business so we do not purchase this coverage. We request that you strike this requirement from the contract. Thank you. Sincerely, ,Afatt; uanne Wahlstrom Executive Director 1800 Santa Barbara Blvd., Naples, FL 34116 Phone: 239-353-1994 Fax: 239-455-8507 www.colliercareclub.org lA11G l.luU 01 1.,0111C1 l.uuilly, inc. - rJIuorsemeIll. ic.equesL 1 6 Ey2 1I L From:AP-Pierce,Aaron<apierce©irrnsinc.com> To: caredubl <caredubl @aol.com> Subject: Care Club of Collier County,Inc.-Endorsement Request Date: Thu, Nov 8,2012 2:25 pm lb Rms INSURANCE AND RISK MANAGEMENT SERVICES,INC. November 8, 2012 Luanne Wahlstrom, Executive Director Care Club of Collier County, Inc. 1800 Santa Barbara Boulevard Naples, FL 34116 Client: Care Club of Collier County, Inc. Subject: Endorsement Request Policy Type: Package Company: Scottsdale Insurance Company CIO Bums&Wilcox, Ltd. Policy Number: CPS1587224 Policy Term: 09/15/12 to 09/15/13 Dear Luanne: We have forwarded a request to your insurance company to make the following change: http://mail.aol.com/37130-112/aol-6/en-us/mail/PrintMessage.aspx 11/8/2012 ■-,LLl%/ VI V'1111G1 L.uunty, iiili. - xi11LLUIsCIIICIIL i.equesI 1 6r3e2 6 Miscellaneous Change: Please increase the limits to VIM per Occurrence,and$2M Aggregate. Miscellaneous Change: Please add Collier County Government as additional insured. As soon as the company finishes processing this change, you will receive the endorsement. If you have not authorized this change, or if you have any questions or corrections, please let me know. Sincerely, Diane Brooks Client Service Manager 8950 Fontana Del Sol Way Suite 200,Naples,FL 34109 - Office(239)649-1444 • Fax(239)649-7933 9530 Marketplace Road Suite 205, Fort Myers,FL 33912 • Office(239)275-0151 • Fax(239)275-0272 IRMSinc.com Aaron Pierce, Client Service Assistant On behalf of Diane Brooks. http://mail.aol.com/37130-112/aol-6/en-us/mail/PrintMessage.aspx 11/8/2012 S.'W . t/luv kit VV111G1 . Ju116y, iii . - Dlluul-seiileill 1Cequesl Y e 1 of .3 16Ei26 From: AP-Pierce,Aaron<apierce@irmsinc.com> To: caredub1 <caredub1 a©aol.com> Subject: Care Club of Collier County, Inc.-Endorsement Request Date: Thu, Nov 8,2012 2:38 pm Attachments: COls.pdf(76K) IRms INSURANCE AND RISK MANAGEMENT'SERVICES,INC. November 8, 2012 Luanne Wahistrom, Executive Director Care Club of Collier County, Inc. 1800 Santa Barbara Boulevard Naples, FL 34116 Client: Care Club of Collier County, Inc. Subject: Endorsement Request Policy Type: Workers'Compensation Company: RetailFirst Insurance Company Go Summit Consulting Group Policy Number: 52030001 Policy Term: 02/02/12 to 02/02/13 Dear Luanne: We have forwarded a request to your insurance company to make the following change: http://mail.aol.com/37130-112/aol-6/en-us/mail/PrintMessage.aspx 11/8/2012 --"--" +..v v. • viiiVl \-VUt.I.y 111V. - L11uV11c111Gl11 i WljUest. rage 2 of 3 16026 Miscellaneous Change: Please increase the insured's limits as follows: Each Accident-$1,000,000 Disease—Policy Limit-$1,000,000 Disease—Each Employee-$1,00,000 As soon as the company finishes processing this change, you will receive the endorsement. Copies of the Certificates of Insurance that have been updated to reflect the policy changes referenced above and sent to the holders are enclosed for your file. If you have not authorized this change, or if you have any questions or corrections, please let me know. Sincerely, Diane Brooks Client Service Manager 8950 Fontana Del Sol Way Suite 200,Naples, FL 34109 • Office(239)649-1444 • Fax(239)649-7933 9530 Marketplace Road Suite 205, Fort Myers, FL 33912 Office(239)275-0151 Fax(239)275-0272 IRMSinc.com Aaron Pierce, Client Service Assistant On behalf of Diane Brooks. http://mail.aol.com/37130-112/aol-6/en-us/mail/PrintMessage.aspx 11/8/2012 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP 16 D 2 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office e✓1 12-12611Z 5. BCC Office Board of County Commissioners ,, 3 6. Minutes and Records Clerk of Court's Office Rm (13((3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/preparedthe executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.D.26 Approved by the BCC Type of Document #12-5856-Services For Seniors greement Number of Original 2 Attached �r�v"se.Corr.yet t v\ Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's k/ps Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's eP signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. n Some documents are time sensitive and require forwarding to Tallahassee within a certain 666 time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on /.3 i s ..(enter date)and all cha i , r- made during the meeting have been incorporated In the attached document.T / County Attorney's Office has reviewed the changes,if applicable. 16026 trek Purchasing Department '' '-' �` 3327 Tamiami Trail East Naples, Florida 34112 mini re&Tvices lisicr DEC 1 2 2012 Telephone: (239)252-8375 Purchasing FAX:(239)252-6597 RISK MANAGEMENT Email: DianaDeLeonacolliergov.net www.collieroov.net/purchasing Memorandum Date: December 11, 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have a •uestio -, please conta m- -t the above referenced information. Air Insu t Appro -d `1. . . ager -is Finance Signature Date (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/2010/16/09 16026 MEMORANDUM Date: January 4, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Sunrise Community, Inc. Attached is an executed original copy of the contract referenced above, (Item #16D26) approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment RECEIvIL6 D 26 DEC 1 2 212 AGREEMENT 12-5856 RISK MANAGEMENT for Services for Seniors THIS AGREEMENT, made and entered into on this l/ day of,beCern , 2012, by and between Sunrise Community, Inc. authorized to do business in the State of Florida, whose business address is 940 Sunset Drive, Miami, Florida 33173, 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/j ! rn&i(, 2012 and shall terminate on/DJ eC.e h L 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 16026 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: Sunrise Community, Inc. 940 Sunset Drive, Miami, FL 33173 Attention: James Weeks, Secretary/Treasurer Telephone: 305-596-9040; Facsimile: 305-598-8240 E-mail: alderman @sunrisegroup.org 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 16026 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 1 1 16026 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 16026 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 16026 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 1 1 16D26 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. ,q ,.lerk of Courts By e By . Datdl. ;1.1,t3 Fred W. Coyle, Chairman c� I SEAL.), attalar ..011,11111 sSunrise Community, Inc. Vendor By: First Witness Signature r s C",�-L' l'Type/p int witness namel' Patti. (A_M}-62,01&- G- CA)e--r-7,4 -17?-5 Second Witness Typed signature and title Sri r Cirn l'Type/print witness namel' Approved as to form and legal sufficiency: • __pp...Lk\ Assistant Co ty Attorney 'OM P�p� Print Name Page 7of11 16026 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service Cost In Kind to Supplier (Multiply the Description Referenced Per Match (Subtract In Unit Reimbursement (identified Grant Amount Kind Match Quantity Rate Per Unit by line) Service Amount from to Supplier x Unit Total Cost Per the Unit Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 CD 0 U CD 16D6 ,., t„„). tos' � t o 8 E °' � 0) • W �" W �" ro a on oo :2 7 n 4 o r a) t t E w w 0 a.) ,, U] °i C XI C4 1 a w o E bA E s a = o a x a x U u � U �U 0 cn a U bn 0 E-+ '++ ' A a ° 0 0 o °' a. y V •E 'CI r/) - L .F+ ca ca bQ a) E cuci '1 E E x x a o .. '_ 0 a ca ca 0 !1, B 0 0 U U 0 0 "Coo.) 4) U y A oU AU o a, L i 4 .G CO CU U U V) 0 eC cn -I-, v a) cu � ,- = a "1: t E C AU A , d .. w 0 .5 "O i A ',�- Ge z 1CU' C7 w t, 4,?, 0 A v a, ,,,, >• W Pc)w UZ U ,..s i..,, .. 16026 _. ,_. an et CU P.4 5 w C u) o E bA is O U) w 0. H v au a; A u cu o W W 0 v w+ I ets cu C:1 t CU s ci) 'd 1 0 �, a v .1..14 v 4 tli cu eu = E fl E--1 'O p u 0 v V) v U E 1 o w v °' •u u i I ° co ^C v 0 A v w z •� .� - v B' q 0 •" v^c u .- E ,. 0 PIII 731 14 Client#: 1406171 131 SUNRICOM 1_6 2I lO• DATE aD ACORD,m CERTIFICATE OF LIABILITY INSURANCE 9/04/2012 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 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 'CONTACT ' NAME: BB&T-J. Rolfe Davis Insurance PHONE 407 691-9600 FAx 888-635-4183 (A/C,Na,-Ext): ,(A/C,No): , PO Box 4927 E-MAIL ADDRESS: Orlando, FL 32802-4927 INSURER(S)AFFORDING COVERAGE NAIL* 407 691-9600 INSURER A:Lloyds of London FOREGN INSURED INSURER B:CastlePoint National Insurance 40134 Sunrise Community Inc INSURER C:Commerce&Industry Insurance C 19410 See Additional Named Insured RSUI Indemnity Company 22314 9040 Sunset Drive INSURER D: tY P an Y INSURER E: Miami,FL 33173 INSURER F: i 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. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP TY LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY MSA01 0303541 06/01/2012 06/01/2013 EACH OCCURRENCE $1,000,000 'GE J i COMMERCIAL GENERAL LIABILITY DAM IO 70 RENTED PREMISES(Ea occurrence) S250,000 Xi CLAIMS-MADE OCCUR MED EXP(My one person) $5,000 X BI/PD Ded:100000 PERSONAL a ADV INJURY $1,000,000 XI Sexual Misconduct $1,000,000 GENERAL AGGREGATE $3,000,000 _ GEN`L AGGREGATE LIMIT APPLIES PER: Sublimit PRODUCTS-COMFIOP AGG $3,000,000 1 POLICY 7 PRO-CTT LOC COMBINED SINGLE LIMIT $ B AUTOMOBILE LIABILITY BAPGA0000112 06/01/2012 06/01/2013(Ea accident) f$1,000,000 X ANY AUTO FL Only BODILY INJURY(Per person) $ ALL.OWNED SCHEDULED BAPGA0000412 06/01/2012 06/01/201 k___ INJURY(Per accident) $ AUTOS _AUTOS E $25,OOODd X NOUTON- PROPERTY DAMAGE $ HIREDAUTOS X AS OWNED All Other States (Peracddent) • $ UMBRELLA LULB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE S DEC RETENTIONS $ B .WORKERS COMPENSATION WCPGA000011212002 06/01/2012 06/01/2013 X I TORY LIIM TS PI- ANO EMPLOYERS'LIABILITY C ANY FICEROIMEMBERPDC DD1EST YrJ NlA WC0156839040ther 05/31/2012 05/31/2013 EL-EACH ACCIDENT $1,000,000 (Mandatory in NH) El.DISEASE-EA EMPLOYEE S1,000,000 If yes,describe under DESCRIPTfON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 O D&O NHP646559 06/01/2012.06/01/2013 $5,000,000 D EPL NHP646559 06/01/2012 06/01/2013 $5,000,000 I _ DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required)' Named Insured Schedule: The Phineas Corporation dba Sunrise Group Regional Properties,Inc. Sunrise Community Foundation, Inc. The Haven Center (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County 7HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34102 ,AUTHORIZED REPRESENTATIVE I __ .'^ ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S9181955/M8745726 Rrtan 16D26 -ort inuedi froth gage 1) Sunrise Northeast,Inc. Sunrise Opportunities,Inc. Sunrise Community,Inc. Sunrise Community Promotions,Inc. Sunrise Community of Southwest Florida, Inc. United Cerebral Palsy of Southwest Florida,Inc. (formerly known as United Cerebral Palsy of Sarasota-Manatee,Inc.) United Cerebral Palsy of Tallahassee, Inc. Resources for Independence Cape Coral Home, Inc. Tech of Collier County,Inc. Sunrise 2000,Inc. Sunrise Community of Georgia,Inc. United Cerebral Palsy&the Golden Isles, Inc. United Cerebral Palsy of Kentucky,Inc. Sunrise Community of Maryland,Inc.dba UCP on the Potomac Sunrise Community of New Mexico,Inc. Sunrise Community of North Carolina, Inc. Sunrise Community of Polk County, Inc. Sunrise Community Services, Inc. United Cerebral Palsy Association of Greater Hartford, Inc. Sunrise Community of Tennessee,Inc. Sunrise United Cerebral Palsy of East Tennessee,Inc. Resources for Independence of Virginia,Inc. Sunrise Community of West Virginia, Inc. Log Cabin Enterprises, Inc.(59-2398577) Sunrise Community of New Jersey,Inc. Additional Insured status is granted as respects to General Liability per endorsement form#FL-07. Re: "For any and all work performed on behalf of Collier County" SAGITTA 25.3(2010/05) 2 of 2 #S9181955/M8745726 16D26 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office 5. BCC Office Board of County Commissioners 1ol'Cb ‘\31\3 6. Minutes and Records Clerk of Court's Office ( 13/13 • PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.D.26 Approved by the BCC Type of Document #12-5856—Services‘For Seniors Agreement Number of Original 2 Attached SDLA-kr xIn Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on /tt f2.m L(enter date)and all changes made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. 1613 26 MEMORANDUM Date: January 4, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Southern Home Care Services, Inc. Attached is an executed original copy of the contract referenced above, (Item #16D26) approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment • 16D26 ,„,, .. Purchasing Department Caltijr 3327 Tamiami Trail East --1'V E_ Naples, Florida 34112 Adninistrahe Seivices Division i 1 2 Telephone: (239)252-8375 Purchasing iE 2011 FAX: (239)252-6597 Email: DianaDeLeon @colliergov.net • ;5K MANAGEMENT www.colliergov.netlpurchasinq Memorandum Date: December 11, 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowled a your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have -• ques ••ns, please contact me the above referenced information. /n •• •ved B S' I M.nager : sk Finance Signature Dat (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/2010/16/09 D 26 DEC 1 2 2012 AGREEMENT12-5856 rt15K ANHU�MENi for Services for Seniors THIS AGREEMENT, made and entered into on this 1/ day of b C(n16!/1 , 2012, by and between Southern Home Care Services, Inc. d/b/a ResCare HomeCare authorized to do business in the State of Florida, whose business address is 9696 Bonita Beach Road, Suite 206, Bonita Springs, Florida 34135, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on 1/ iu nizi"i, 2012 and shall terminate on/d CCm 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 16026 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: ResCare HomeCare 9696 Bonita Beach Rd., Suite 206, Bonita Springs, FL 34135 Attention: David Rhodes, Executive Vice President Telephone: 239-936-8292; Facsimile: 239-275-4140 E-mail: gbowen©rescare.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 16026 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 16026 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 16026 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 1 1 16026 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 1 1 16D26 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts c. By: By: . _ A_ Dated:. '''_201 3 Fred W. Coyle, Chairman knotEA4::}' Southern Home Care Services, Inc. l `� d/b/a ResCare HomeCare Vendor 11') , I ' ite/LI .1�-- By / Aif/#77) � "First Witness Signature J 11 R i Per , 1" vii cf i1 TType/print witness namet . ti ttit i,/fCe._ '_(Avid lAdC(2, L)LCCvfl\,C, t,it,' 1' v l( C it' Seond Witness Typed signature and title 7 , TType/print witness nameT Approved as to form and legal sufficiency: Assistant C my At rney Pint Name Page 7 of 11 16026 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service Cost In Kind to Supplier (Multiply the Description Referenced Match (Subtract In Unit Reimbursement (identified Grant Per Amount Kind Match Quantity, Rate Per Unit Service by line) Unit Amount from to Supplier x Total Cost Per the Unit Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 1 1 VI 0) y f602t f: v a°i i o s as t a b 0 o a E t a, E (1) a v a b :2 o :2 `o cilz c/3z a)�..� t t'. 5 W w r..,. Cn a �"° ::ei y o '0 a _' a w cn O `0 8 v) a �I a vI H o a � L • a a evg A � � � p wo E--1 1.1-4 *-4, ac v *� � d ( d ..• a) v a • a $ 8 8 'i li 1::$ 0 0 ., 0 0 •, 0 o 0. a. a 8 o U U O o v A aU AU ` ,� p W W [-i .0 y y 0 i. 0 0 Q U U O e '0) °JA 0w0 b `: os v O dAU dAU Z es a a'•� C7 0 0 c) o 0 0 �' ++ c A a) a C 0 . " =' 0 :^; 0 W CA w U Z U 16026 •3 U o CIJ al ." a E cn cu 0 5 bA a 0 © cn .,. C.J Q; H u) m aJ ai A C.) CU M w 0 m v 4 cu e1 XI QJ 1 CU Z 'CS F ++ D O la a U a+• a) x � Q� H H 0 0 v E_ o CJ v CI cn v v A A U E � w U CI 4 v 'a E 0 E a � 0 0 a, a; z �. v0 q ci U u .,., 0 4:1 d W 16D26 ACOR IY CERTIFICATE OF LIABILITY INSURANCE 6/27/2013 DATE(M/O12"' 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 LOCKTON COMPANIES,LLC-N DALLAS NAME: T 717 N.HARWOOD,LB#27 N E. ,N FAX ( DALLAS TX 75201 lac,No,Ext): I INC,No): 214-969-6700 E-MAIL DSS: INSURERS)AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 INSURED ResCare,Inc.and all scheduled subsidiaries INSURER B: First Specialty Insurance Corporation 34916 1078748 9901 Linn Station Road INSURER C: Indemnity Insurance Co of North America 43575 Louisville KY 40223 INSURER D: North American Specialty Insurance Co 29874 INSURER E: INSURER F: COVERAGES RESCAO1P GB CERTIFICATE NUMBER: 12095715 REVISION NUMBER: XXXXXXX 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMM/DD/YYYY)IMM/DD/YYYYI LIMITS A GENERAL LIABILITY Y N XSL G27008586 7/1/2012 7/1/2013 EACH OCCURRENCE $ 4,000,000 A NT MADE) DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 X CLAIMS-MADE I I OCCUR MED EXP(Any one person) $ XXXXXXX X Prof.Liability PERSONAL&ADV INJURY $ 4,000.000 _ GENERAL AGGREGATE $ 6.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4.000.000 POLICY PEI n LOC _ $ A AUTOMOBILE LIABILITY N N ISA H08696767 7/1/2012 7/1/2013 IN COMBINED COMBED SINGLE LIMIT $ 2.000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX AUTOS OWNED _SCHEDULED BODILY INJURY(Per accident $ XXXXXXX X HIRED AUTOS X AUTOSWNED PROPERTY DAMAGE $ XXXXXXX _ (Per accident) $ XXX OGC' B UMBRELLA LIAB X OCCUR N N 1RE46006-4 7/1/2012 7/1/2013 EACH OCCURRENCE $ 3,000,000 B EXCESS LIAB CLAIMS-MADE (AUTO&EL ONLY) AGGREGATE $ XXXXXXX DED I RETENTION$ $ XXXXXXX WORKERS COMPENSATION A (AZ, WC STATU- OTH- A AND EMPLOYERS'LIABILITY Y/N N L 0 467 84 5 58(WI) CA&MAp%1 2012 7/1/2013 X TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE N/A ( ) E.L.EACH ACCIDENT $ 2,000,000 C OFFICER/MEMBER EXCLUDED? IN WLR C46784510(AOS) 7/1/2012 7/1/2013 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000.000 D Employees Indemnity N N EPG0000076-01 6/27/2012 6/27/2013 $25M per person/per occ./agg (TX Only) DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES((Attach ACORD 101,Additional Remarks Schedule,if more space is required) Retro Date for Policy#XSL G27008598 is 7/1/01.Southern Home Care Services,Inc dba ResCare HomeCare. 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. 12095715 AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners 3327 Tamiami Trail East Naples FL 34112 I -f" + ✓ ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD 16D26 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office 11-0 5. BCC Office Board of County Commissioners 1 131 l 3 6. Minutes and Records Clerk of Court's Office W 1 I3 1(3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.D.26 Approved by the BCC Type of Document #12-5856—Services For Seniors Agreement Number of Original 2 Attached Nulketom,kwint J eme,01,61/fc,cS Documents Attached L� INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board • 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on 1 u (enter date)and all changes made during the meeting have been incorporat d m the attached document.The County Attorney's Office has reviewed the changes,if applicable. 16026 MEMORANDUM Date: January 4, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: NurseCore of Fort Myers Attached is an executed original copy of the contract referenced above, (Item #16D26) approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1602 6 trip co ier Compay Purchasing Department 3327 Tamiami Trail East E f'r V p Naples, Florida 34112 , i D Telephone: (239)252-8375 Purchasing FAX: (239)252-6597 OEi, 3 <; 2012 Email: DianaDeLeon a(�.colliergov.net www.colliergov.net/purchasinc RISK MANAGEMENT Memorandum Date: December 11, 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have - q -stions, please cont- = at - above referenced information. In#r,- =pprov ry. • M .nag- Isk finance Signature ` Date (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsand Letters/RiskMgmtReviewofl nsurance4/15/2010/16/09 16026 RECEIVED AGREEMENT12-5856 DEC 1 ? 2012 for RISK AAA 1\'Aut:AIENI Services for Seniors THIS AGREEMENT, made and entered into on this // day of 7e(1,,, ' , 2012, by and between NurseCore Management Services, LLC d/b/a NurseCore of Fort Myers authorized to do business in the State of Florida, whose business address is 4350 Fowler Street, Suite 4, Fort Myers, Florida 33901, 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/1 6er/ba , 2012 and shall terminate on/0.C,{vtvt ivi , 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 1 of 11 16026 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: NurseCore of Fort Myers 4350 Fowler Street,Suite 4, Ft. Myers, FL 33901 Attention: Gay Kelley, Vice President Telephone: 239-278-3633; Facsimile: 239-278-4984 E-mail: contractdepartment @nursecore.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 Page 2 of 11 16026 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 11 16026 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 16026 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 16026 i 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 11 16D26 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E.itm:o ,; erlc of Courts By: ,.��., C . By: L� •_ .►.- A Dated �' 3 Fred W. Coyle,Chairman AVOWS antra, • :.;: NurseCore Management Services, LLC d/b/a NurseCore of Fort Myers Vendor By: .Alfitagerar First Witness Signature June Rose A 1'Typ. print witness OF et ,; , IPA.* 111 Deborah Lollar, President/CEO 7e-co- eco-nd 'itness Typed signature and title David Guillory TType/print witness nameT Approved as to form and legal sufficiency: • Assistant C my '�ttorney I ? ►n Mint Name Page 7ofii 16026 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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 (RF{'P#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). 16D26 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service In Kind to Supplier (Multiply the Cost Description Referenced Per Match (Subtract In Unit Reimbursement (identified Grant Amount Kind Match Quantity Rate Per Unit Service by line) Amount from to Supplier x Unit Total Cost Per ! the Unit Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 1 I 16026 ,_. ... ..., . cu U 0) L n G y L' q F" O • 2 �CU B^ a o 414 V1 . y W W c� a b m Z z Z "yyt:$ d-+ L o L cn 0 .H W W cn y, y cn 5 a y O a� a a [ � a `" a — ca CI; 0U aid rCI , CU O w G a C e tw E� ‘4-‘ o ca r� o a co co a� 4 en C in a) v x ) et � E a) '� a 2 x x a) o 0 O n � e 8 8 tl, 0 O U 0 O 'fl L a+ U [%,-1 - O i-i F p C� H W W " .-C/ 4) .4)-- .°c 0 yet at v U U m O 0 .� h a) 01 ~ i -, i . '7:$ O ed z �' Q z 1.61 ;� w ° E ° 8 > W GA w LI Z U Z 16026 , 0 U °,_, G.) a) cd m ,_ a) E bt O C ci) C.) a a) rA re ai A u CL) =;; w C O En a a t1 .4+ w c es Q b H w H '� a) ..0 i. a ...4• a ••• 0 'C7 •U .. 3 : a ae a) °' a a H � Q E-H O = a H o E4 - a eel C a .4••■ .I. v • A . uo 0 a) w a z CU Z C ._ CA CD o v 0 -t a 0 A a ▪ CU •� 0 Cl.) Q, a Q z z .� e w 0 g Q u C O ACORD CERTIFICATE OF LIABILITY INSURANCE1011/2013 11/21/2012 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 Lockton Companies,LLC Denver NAME:CONTACT 8110 E.Union Avenue - PHONE IFAX Suite 700 EMAIL a"t) (ac,No): Denver CO 80237 ADDRESS: (303)414-6000 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Evanston Insurance Company 35378 INSURED NurseCore Management Services,LLC INSURER B:Tower Insurance Company of New York 44300 1307814 2201 Brookhollow Plaza Drive,Suite 450 INSURER C:CastlePoint Insurance Company 17205 P Arlington TX 76006 INSURER D:Fireman's Fund Insurance Company 21873 INSURER E: INSURER F: COVERAGES NURMA01 EI CERTIFICATE NUMBER: 11990190 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE IN R SUBR POLICY NUMBER POLICY EFF POLICY YY EXP LIMITS (MM/DD/YYYY) (MMlDD/YYYY) A GENERAL LIABILITY Y N SM889478 10/1/2012 10/1/2013 EACH OCCURRENCE $ 1.000-000 X C MMERCIAL GENERABILITY DAMAGE TO RENTED PREMISES(Eaoccurrence) $ 50,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5.000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1.000.000 7 POLICY JECT PRO LOC A AUTOMOBILE UABILr Y N N SM889478 10/1/2012 10/1/2013 COMBINED SINGLE IMIT (Ea accident) $ 1.000.000 - ANY AUTO BODILY INJURY(Per person) $ h'2' ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ XXV= AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ � � _ AUTOS O /Per accident) $ XXXXXXX A X UMBRELLA LIAB X OCCUR N N UM800034 10/1/2012 10/1/2013 EACH OCCURRENCE 5 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3.000.000 DED X RETENTION$ 10,000 $ WXX ' WORKERS COMPESATION B AND MPLOYERS'LIABILITY N WCPAV0023612-AZ/CO/NV/NY 10/1/2012 10/1/2013 X ITORY LIMITS! JO ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WCPAB0024412-CA/FL/TX 10/1/2012 10/1/2013 E.L.EACH ACCIDENT $ 1 OFFICER/MEMBER EXCLUDED? N N/'4 •• - ,QQ0.000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 17000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIT $ 1.000.000 A Professional Liability N N SM889478 10/1/2012 10/1/2013 $1M ea.Wrongful Act/$3M Agg. D Property MXI97707600 10/1/2012 10/1/2013 BPP Lmt:$935,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. **See Attached Schedule of Named Insureds** For any and all work performed on behalf of Collier County.Collier County,Florida,is named as Additional Insured as respects General Liability. If the Professional,General,and/or Umbrella policy is cancelled by the issuing company during the policy term,for other than nonpayment of premium,30 days notice will be provided to the Certificate Holder named below. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11990190 AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners 3327 Tamiami Trail East Naples FL 34112 a d 1 /"1, ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 7:51 88-2010 ACORD CORP TION.All rights reserved 16026 Schedule of Named Insureds NurseCore Management Services, LLC DBA: NurseCore of Albany NurseCore of Amarillo NurseCore of Arlington NurseCore of Clearwater NurseCore of Colorado Springs NurseCore of Denver NurseCore of Ft. Myers NurseCore of Ft. Worth NurseCore of Gainesville NurseCore of Las Vegas NurseCore of Mesa NurseCore of Miami NurseCore of Ocala NurseCore of Phoenix NurseCore of Port Charlotte NurseCore of Rochester NurseCore of Santa Barbara NurseCore of Santa Maria NurseCore of Sarasota NurseCore of St. Petersburg NurseCore of Syracuse NurseCore of Tucson NurseCore Management Services -New York, LLC DBA: NurseCore of Albany NurseCore of Syracuse NurseCore, LP NurseCore Franchising, LLC Miscellaneous Attachment:.M448979 Master ID:1307814,Certlflcate ID:11990190 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP 16 D 2 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R.Pepin,Esq. County Attorney Office PP I7,1 la 5. BCC Office Board of County Commissioners `Xb Z X13\-11 6. Minutes and Records Clerk of Court's Office 12(Y\ t (3/(3 • PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 / Contact / Agenda Date Item was December 11,2012 10,.....--••"- Agenda Item Number 16.D.26 ���/// Approved by the BCC Type of Document #12-5856—S ry c s For Seniors Agreement Number of Original 2 1„..----" Attached S UNr-vvrek Ot kAgctry,cakb)54r .- Documents Attached Co.Y+G.r INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, en resolutions,etc. signed by the County Attorney's Office and signature pages from /t@' contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N�A Office and all other parties except the BCC Chairman and the Clerk to the Board 1 , 3. The Chairman's signature line date has been entered as the date of BCC approval of the DP document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's �,p signature and initials are required. `�C 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. N 'IN Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be a are of your deadlines! 6. The document was approved by the BCC on�enter date)and all Chan made during the meeting have been incorporated ' the attached document.Th County Attorney's Office has reviewed the changes,if applicable. 16026 MEMORANDUM Date: January 4, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: Summit Home Healthcare Products Attached is an executed original copy of the contract referenced above, (Item #16D26) approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment • _ RECEIVED Purchasing Department 1 6 0 2 6 . C 3327 Tamiami Trail East 13EC 1 2 2012 Naples, Florida 34112 Acirranistrative Sevices Dhisipn Telephone: (239)252-8375 Purchasing RISK MANAGEMENT FAX: (239)252-6597 Email: DianaDeLeon acolliergov.net www.colliergov.net/purchasinq Memorandum Date: December 11, 2012 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any qu- - please contac • - - he -•► e referenced information. Insur, e "pprov=• : : Manager =k Finance Signature Dat- (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/Age ntFormsandLetters/RiskMgmtReviewofl nsu rance4/15/2010/16/09 16026 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 September 24, 2012 Effective immediately, Nancy Eckhardt is appointed Chief Financial Officer of Summit Home Respiratory Services, Inc. Additionally Ms. Eckhardt is authorized to execute any and all documents relative to the operation of Summit Home Respiratory Service, Inc. Keith E. Gli h President State of Florida County of Collier The foregoing instrument was signed and acknowledged before me this 24th day of September, 2012, by Keith E. Glisch personally known to me. ;iis4%"' JAMES E DODD to Public Si ature MY COMMISSION#EE058947 EXPIRES January 26,2015 (407)398-0153 FbridallotaryService com Vas Printed Name of Notary Public 16D26 RECEIVED AGREEMENT 12-5856 DEC 172 012 for RISK MANAGEMEN Services for Seniors THIS AGREEMENT, made and entered into on this /../ day of be c€i►1 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 // 2012 and shall terminate on' /1)heeitzthe4 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 1 of 11 16026 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: : -- . - -- : =- - ;, - - - - : • • ; NANC yA.ECkt I 8131 Telephone: 239-596-5000; Facsimile: 239-596-5017 Adrvuntst 'lic/>✓IMunaTe E-mail: GAO rICUU-tiaS UMW)it inane.net 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 1 1 16026 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 11 16026 . 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 16026 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 16D26 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 11 16026 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. BOARD OF COUNTY COMMISSIONERS ATTEST: ti,.:\ ' ._ J,; , COLLIER COUNTY, FLORIDA Dwight;E. Brock, Ci'erlg;,pf Courts By � I _� s C ! By: Date, 2�1 X111 `:'•Alr,e _ Fred W. Coyle, Chairman ',i : . �� ` ,` t Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products Vendor 4s,4e7fitiNot By: d�� GGuu�. First Witness Signature / rbI/% %I4ø TType/print witness nameT NAT■Xydl. Etioweimr CFo Second Witness Typed signature and title TType/print witness namet Approved as to form and legal sufficiency: Assistant C unty AA t�y pl Print Name Page 7of11 16026 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service Cost In Kind to Supplier (Multiply the Description Referenced Match (Subtract In Unit Reimbursement Grant per Amount Kind Match Quantity Rate Per Unit line) Service by ) Unit Amount from to Supplier x Total Cost Per the Unit' Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 16026 „.. .,., __, . „.e . . . _ cu . 0 . . 0 e 4..., 41 -et 4 >, e; d 0 >, ° E a cfl 5 g •1•+ W W cel l --+ a nn 7 4 a, .z .°on 4 4 4 C a t , O U 5 w w 0 oe C11 01. 0 •CQ 4 • .Q a) ct x w a Ci cn o bA �: a� O ;X = w a x CA c 0 L h Cl v RS Q � bA U nk G two E•-1 w .. 0 O 0 b ° o •a, W 04 v, c rn a v CA .et ..r a a s. .f-. co co bA E 8 0 O I a 0 0 O O 0 CI O 1:14 CC a I:14 8 0 U U 0 O .° a ° U col U O It .c Q U Os Le W a � U . , c, o y Q dAU dA U e . u Cd �; a U ° 0 o Q O a a v z 4.) el W GC w UZ UZ • .5 _-1-6Da6 .,.., . 0 U GU 5 l 'Q v a +r cn 0 E bA 0 .0 ,N •U G or E-+ c .U OJ A C.) 6J 0 m a w CA O cn tu , w a) a es C/1 ".5 Q E bt E-1 1.. a) ^� c. a v� H 0 0 c a 3 CD x a) C„ cu a) v F E-, 0 O = UE., v Ti CU Rt CA v 0 U c d at w O U ;? CO 'z v 0 co 1-1 d +' = CU 01 w CI - U .� Z z .� L., .v ° A a) a U . E 0 y PO Tits w 16026 A�O CERTIFICATE OF LIABILITY INSURANCE DATE`""'°°""'"' �' 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 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 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 LET David R.Mettler _ _ Integrated Ins.Services,Inc. IAA 1, E„r).(239)549.5420 N,);(2A ID 549-7905 1316 SE 46th Lane#1 EAD EEa: lntegrated17@earthlink.net Cape Coral,FL 33904 .,- INEURERISI AFFORDING COVERAGE ----- .._ , AMC D mamma Hanover Insurance Company_. INSURED AtisuRER s L Technology Insurance Company- Summit Home Respiratory Services,Inc. INSURER c: - • OSA:Summit Home Healthcare Products visursit 0 1467 Rail Head Blvd. .JURER E -Naples,FL 34110 _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. - {INSR TYPE OF INSURANCi -- -- 'ADOL)l9l1YR■ POLICY IMF ` POLICY EXP 1 LTR' lama I IMVR, POLICY NUMBER .IMAIMINTYYY) UNNODITYYY)I LIMITS IGENERAL u aa.n v EACH OCCURRENCE . 1.L000,O00 A j-X;COMMERCIAL GENERAL_LIABILITY i I DAMAGE TO RENTED s 1001000 PREMISES(Ea gaurencel- _ CLAIMS-MADE {X !OCCUR i .LHJ 9287527 03 912712012 9/2712013 . MED EXP Any one potion) 35,000 X ProductslCompl,cps. PERSONAL 8 AOV INJURY $1,000,000 X Professional Liability GENERAL AGGREGATE $2,000,000 GEM.AGGREGATE LIMIT APPLIES PER PRODUCTS•COMPrOPAGG E 2,000,000 X POLICY Ia I LOC i s AUTOMOBILE LIABILITY :COMBINED SINGLE LIMIT■ (Ea ecoaant) 11-_- ANY AUTO , INJURY(Per person) $ ALL OWNED , ,SCHEDULED ,AUTOS _,AUTOS BODILY INJURY(Per onasem) i NON-OWNED ' -- ------ • HIRED AUTOS ,---�AUTOS � (Pei PROPERTY DAMAGE --_.s--- , 3 • UMBRELLA LIAO 1 OCCUR I 1 EACH OCCURRENCE :i - EXCESS LA _ .CLAIMS-MADE - i -AGGREGATE ,3 _ ' DED I •RETENT_IDE S $ WORKERS COMPENSATION WC STATU- 0TH.' AND BWLOYERe'LUWLfTY V!N I X .TORY LIMITS : ER . ANY PROPRIETORIPARTNER/EXECUTIV I B !OFFECERIMEMBER EXCLUDED? ;N r A ,TWC3315961 0610512012 i 06/0512013 -E_L_ C�ACCIDENT :.;500,000 (Mandatory In NHI E L DISEASE-EA EMPLOYEE S SOO 000 H oc,esealS.unwr - - I DESCRIPTION OF OPERATIONS below :E L DISEASE-POLICY LIMIT i 3500,000 DESCRIPTION OP OPERATIONS!LOCATIONS 1 VEHICLES (AIWA AGGRO 101,AddlUanal Remarks SeneWII.,R more space la required) Sales of medical supplies. Certificate Holder Is an an Additional Insured according to vendor agreement requirements. CERTIFICATE HOLDER CANCELLATION Collier County Board of Commisloners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3327 Tsmfamf Trail East THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ,J ,,A '7 . '771T ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 16 0 2 6 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 11.B 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. Sincerely. Keith E. Glisch President ZHJ 9287527 03 5009448 16026 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 (2) The policy was obtained by a material Condition is replaced by the following: misstatement; 2. Cancellation Of Policies In Effect (3) Failure to comply' with underwriting a. For 90 Days Or Less requirements established by the insurer If this policy has been in effect for 90 days within 90 days of the effective date of coverage; or less, we may cancel this policy by mailing or delivering to the first Named (4) A substantial change in the risk covered Insured written notice of cancellation, by the policy; or accompanied by the reasons for (5) The cancellation is for all insureds under cancellation, at least: such policies for a given class of (1) 10 days before the effective date of insureds. cancellation if we cancel for If we cancel this policy for any of these nonpayment of premium; or reasons, we will mail or deliver to the first (2) 20 days before the effective date of Named Insured written notice of cancellation if we cancel for any other cancellation, accompanied by the reasons reason, except we may cancel for cancellation, at least: immediately if there has been: (a) 10 days before the effective date of (a) A material • misstatement or cancellation if we cancel for misrepresentation; or nonpayment of premium; or (b) A failure to comply with the (b) 45 days before the effective date of underwriting requirements cancellation if we cancel for any of established by the insurer. the other reasons stated in b. For More Than 90 Days Paragraph 2.b. If this policy has been in effect for more B. Paragraph 3. of the Cancellation Common Policy than 90 days, we may cancel this policy Condition is replaced by the following: only for one or more of the following 3. We will mail or deliver our notice to the first reasons: Named Insured at the last mailing address (1) Nonpayment of premium; known to us. CG 02 20 03 12 © Insurance Services Office, Inc., 2011 Page 1 of 2 2 c ZHJ 9287527 03 5009448 16026 C. Paragraph 5. of the Cancellation Common Policy The cancellation will be effective even if we Condition is replaced by the following: have not made or offered a refund. 5. If this policy is cancelled, we will send the first D. The following is added and supersedes any other Named Insured any premium refund due. If we provision to the contrary: cancel, the refund will be pro rata. If the first Nonrenewal Named Insured cancels, the refund may be less than pro rata. If the return premium is not 1. If we decide not to renew this policy, we will refunded with the notice of cancellation or mail or deliver to the first Named Insured when this policy is returned to us, we will mail written notice of nonrenewal, accompanied by the refund within 15 working days after the the reason for nonrenewal, at least 45 days date cancellation takes effect, unless this is an prior to the expiration of this policy. audit policy. 2. Any notice of nonrenewal will be mailed or If this is an audit policy, then, subject to your delivered to the first Named Insured at the last full cooperation with us or our agent in securing mailing address known to us. If notice is the necessary data for audit, we will return any mailed, proof of mailing will be sufficient proof premium refund due within 90 days of the date of notice. 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. • Page 2 of 2 ©Insurance Services Office, Inc., 2011 CG 02 20 03 12 1'qa 16026 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R. Pepin, Esq. County Attorney Office vIDI13 5. BCC Office Board of County Commissions / io� `rt,cut "NrrcA 6. Minutes and Records Clerk of Court's Office ---T?m 11(4( PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon Phone Number 252-8375 / Contact ,// Agenda Date Item was December 11,201 A enda Item Number 16.D.26 Approved by the BCC Type of Document #12-5856—Services For Seniors Agreemen Number of Original 2 Attached Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements, etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's /p Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. N Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on la/it 'iQ(enter date)and all changes made during the meeting have been incorporated n the attached document.The d � County Attorney's Office has reviewed the changes,if applicable. 1 6 D 2 6 MEMORANDUM Date: January 15, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: First Care Home Service, Inc. Attached, is an original copy of the contract referenced above (Item #16D26), approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment Purchasing Department 16 D 2 6 CO*4 County 3327 Tamiami Trail East Naples, Florida 34112 _ Adrrinistrative Services Division Telephone: (239)252-8375 Purchasing. FAX: (239)252-6597 Email: DianaDeLeoncolliergov.net www.colliercov.net/purchasino Memorandum Date: December 11, 2012 I From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz RISK- M/ 'v, CEMENT To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have an :•- ••ns, please contact - ;0fve referenced information. Insur.,. - A•= oved B VI eager ' sk Finance Signature Date (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsand Letters/RiskMgmtReviewofl nsu rance4/15/2010/16/09 • 16026 GonzalezGreily From: CarterRaymond Sent: Tuesday, December 18, 2012 8:48 AM To: DeLeonDiana Cc: MarkiewiczJoanne; ColliMarian; GonzalezGreily; MausenGeorgina Subject: ContractS for 12-5856"Services for Seniors" All Risk Management has approved the certificate(s) of insurance for the following vendors under contract 12-5856: 1. Southern Home Care Services, Inc 2. Summit Home Healthcare Products 3. Lifeline Systems Company 4. Sunrise Community, Inc 5. VIP America of Southwest Florida, LLC V. First Care Home Services, Inc 7. Care Club of Collier County, Inc 8. NurseCore of Fort Myers 9. Gulf Coast Assisting Hands, Inc These contracts will now be forwarded to the county attorney's office for their review. Regards, Ray Zak CaYztcic Manager Risk Finance Collier County Board of County Commissioners 3311 East Tamiami Trail, Bldg D Naples, FL 34112 Office 239-252-8839 Mobile 239-821-9370 Fax 239-252-8048 Interview Entry Incident Notification Link :..ji de' w E tr...adefesees yo,0,,no:re... t.y:„.; £. ,,,31f.3....tY > -;7, :. AtT,tmoic tw.j tNs?..ttit, Instead C nV.,;; 1 16026 AGREEMENT12-5856 for Services for Seniors THIS AGREEMENT, made and entered into on this /1 day of 1CA rn 114.-1 , 2012, by and between First Care Horne Services, Inc. authorized to do business in the State of Florida, whose business address is 2040 North East 163rd Street, Suite 303, North Miami Beach, Florida 33162, 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 )/!. cenihQ& , 2012 and shall terminate on f) _ • 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 16026 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: First Care Home Services, Inc. 2040 NE 163rd Street, Suite 303, North Miami Beach, FL 33162 SO 14+Sp3 Attention: Lisia McLean, President Telephone: 305-945-9025; Facsimile: 305-945-9022 E-mail: lisia @firstcareservices.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 16026 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 1 1 16026 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 161326 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 16026 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 16026 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwig E. Brock, Clerk of Courts By: AdmiLL_ C�0.rtr>`Q Dated: O 151(3 Fred W. Coyle, Chairman t�S 1Ald to chit ? Itiifld�.tt '! oc, 4 First Care Home Services, Inc. endor / pC . By: AdLoorgow i st Witness ignature )(Ci IType/print wit ess namet id" / L .S l� f t L�K,� rl Tfcb lC1�^ i • Sc com; Witn-s OF Typed signature and title TType/p int witness na eT Approved as to form and legal sufficiency: • , Assistant C• my Attorney thrl# 6"-b2 b bit-1 f t ,agenda l2l i t I(2 y R . ��pi ll Date Print Name =ate ) sit3 Rec'd Deputy Clerk t y Page 7 of 1 I 16026 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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). 16026 Attachment B Invoice and Logs (Minimum Standard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service Cost In Kind to Supplier (Multiply the Description Referenced per Match (Subtract In Unit Reimbursement (identified Grant Amount Kind Match Quantity Rate Per Unit Service by ine) Amount from to Supplier x Unit Total Cost Per the Unit' Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 , ,... 161326 o o� o o bri .)-I PA w ct —• a ti b to C:'.5 a? C ci Z c Z o o •'y GI) CA E w w .4 a C x cn 0 E a o a x g Z H c '� c 4 rn CI U CO CO et C..1 U y U VS •Imi o E on w cc • a n a al o o un 0 le CU CA C d C t a) •- E CL) x v C .,..i o o O c. a a o 0 d U CU 0 a A ° U [0 W w U E 'J CU C 0 C a) U 0 cci v �a A � C '8 QAU , < AU 'C O on r1 un E v ` = o . 0 ea �; � w� � � o Q a) a a) 0 u 0 = = W 0. U Z U z 1 Ddb o CU a a) rn cn z E biD CA CJ 4•4 c0 CD a; u i.., a) c m o v-i 0 en a) et EL) ea a ca ci) 4 Q .. H w a) 0 . .- '� '' v H a)a) O� :1 v - a) 4 v F, Q H o [o Q) Ei u CU eC Cr) y et ,y Q % ea U o a t43 1 i-i Vi vw(I) ro a) .� C I. Q) gz ,.., U C) d � CU e ++ V1. . 0 a) a � z e z +' .� et • . 6 0 o .° EC; u '^" 0 1 I I 11 IN i &tJ6 ....-..., OATEIWAIDO/YYYr) ACORD CERTIFICATE OF' LIABILITY INSURANCE 11/12/2012 THIS CERTIFICATE IS ISSUED AS A MATTER 01' INFORMATION ONLY AND CONFERS NO RIGHTS UI'ON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIi•ELY OR NEGATIVELY AMEND, EXTEND. OR ALTER THE COVERAGII AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(8), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT; If the csrtUkets holder IN an ADDITIONAL INSURED,Me policy(Ills)must be dndorssd. If SUBROGATION IS WAIVED,subject to the terms and condition('of the policy,t attain policies may require an endorsers.ant. A statement on this certificate does not confer rights to the certificate holds,In lieu of such endortementle). PRODUCER ���� y NAME: ' e REW OGH7,.NT BENDELL INSURANCE GROUP IOC PO Box 164235 Vi" al (305 249-5055 I tg:"e)(305)249-5057.ADDRESS b_iggroup@ brS11 s outh.ne t Miami, FL 33116-4235 __ MICA'Mel A•I�'OIOwo Cevmu d! NAICS INSURER A PROASSURANCE SPECIALTY INS CO INSURED FIRST CARE HOWL SERVICES,INC INSURER IS INSURER C 2040 NE 163RD ST#303 INSURER 0 N.MIAMI, FL 33162 INSURER E _ 305-945-9025 INSURER r" COVERAGES CERTIFICATE NUMBI.R• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF II■:)URANCE LISTEC BELOW 14VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM DR CONDITION.)F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORC ED BY THE POLICIES DLSCRIEED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES,LIMITS SH()VVN MAY HAVE I IEEN REDUCED BY PAID CLAIMS INS, ..• - 1D11' ".•�•••,•.•�•"�----Npa CY EFF f OMP 1-W- _LTR_ TYPE OF INSURANCE _ INen I,/vv. POOLICY NUMBEq. (MMIDD/WW) (MMIbO/Y'NY) LIMITS GENERAL LIABILITY `— �llAMwt7"AOCCURRENCE V RENTED i 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 50,000 CLAIMS•MADE X OCCUR MED EXP(Any one person) S 5,000 A — AFC9265212 10/12/12 10/12;1113 PERSONAL&ADV INJURY s 1,000,000 _GENERAL AGGREGATE S 3,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s INCLUDED 7 POLICY I w.f. I r lLOC S AUTOMOBILE LIABILITY —E ,UI:eeco enl S 1,000,000 ANYAUTO I IODILY INJURY(Per Person) $ ALL OWNED —.SCHEDULED I A AUTOS O 10/12/12 1l/12/13 I'DOILY INJU RY Per occident) e - pE DAMAGE —'NOVOWNED AFC9265212 S X HIRED AUTOS X AUTOS _Wee scclde UMBRELLA LIAR OCCUR •� EACH OCCURRENCE S EXCESS LIA6 CLAIMS-NADE AGGREGATE S DED I RETENTION S _ _ S WORKgR9 COMPENSA1ION .�.. V WC STATU• 1 OTH- AND EMPLOYERS LIABILITY IN __ TORY LIMITS I . ER ANY PROPRIETOR/PARTNER/EXECUTIVE LLL�J I —, `'L EACH ACCIDENT S OPPICUR/N!u!!R !XCLUO!D7 I NIA - IMa7ssmry Is NON NA C L.DISEASE-EA EMPLOYEES It yes,au.c ibe under —. DESCRIPTION OF OPERATIONS below 1,,L DISEASE•POLICY LIMIT S PROFESSIONAL �S1,000,000/3,000,000 A LIABILITY AFC9265212 10/12/12 10/12,113 RETRO DATE FOR BOTH GL&PL _ 10/12/2011 DESCRIPTION OF OPERATIONS/LOCATIONS I"EHICLES ,,vIcol,ACORD'I 01,AodAlonel Rem IA is Schedule.II more specs Is reP wired) — COLLIER COUNTY IS INC:GUDED AS ADDITIONAL INSURED ON THE GENERAL LIABILITY. CERTIFICATE HOLDER _ .� CANCELLATION ' COLLIER COUNTY ANY OF TE ALINE Dr:SCR PURCHASING DEPARTMENT THE SHOULD EXPIRATION IIDATE THEREOF,IBED NOTICE WILLS BE CANCELLED DELIVERED BEFORE IN 3327 TAMI.AMI TRAIL EAST ACCORDANCE WITH THE POLICY PROVISION NAPLES,FL 34112-49C1 AUTHORIZED REPRESENTATI ,, I _ ®1988-2010 ACOR a CO--•RATION, All rights reserved. ACORD25(2010105) 1''•e ACORD ndrne and logo a-a reglslered marks of ACORD 1.00/LOOIA 1130N38 L50960Z90E XH3 8g:Z1 ZLOZ/Zl/ll 16026 FIRST CARE HOME SERVICES, INC. WORKERS' COMPENSATION AFFIDAVIT CERTIFICATION OF NUMBER OF EMPLOYEES First Care Home Services, Inc. hereby certifies and affirms that the entity named herein has less than four (4) employees nor uses any subcontractor(s) with one (1) or more employees and will not have four (4) or more employees during the term of this agreement. I further certify that,if during the period covered by this affidavit the entity named herein becomes an employer with four (4) or more employees or uses subcontractor(s) with one (1) or more employees, Certificate of Insurance shall be provided to Collier County Board of County Commissioners, Florida,within five (5) business days. With respect to the construction industry, all employment in which one or more employees are employed shall provide evidence of Worker's,. mpensation coverage. (- ' F tSigned I./ i /; O- w H6ai PrintlType Name � � -1 Title 4CIPV,OldrCZ,47 Sworn to and subscribed before me this 9 day o?f_,,1_ _ A.D.20 i / Notary Public:/ f� : -'//// / (Signature - _ _ _ _ _ ` 40.4,,z‘„.6,,, MARISOL MAXFIELD I :=o a, •::s. Notary Public-State of Florida My Comm.Expires Jun 25.2014 4 e.?, y�V- P:° Commission#DD 1000571 '''O".+��`'�` Bonded Through National Notary As 602 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP r,J TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 2. 3. Emily R. Pepin,County Attorney Office County Attorney Office c \>\43 4. BCC Office Board of County Commissioners Se r'Cx-\\ \\- \ 5. Minutes and Records Clerk of Court's Office .(C`t l(13 PRIMARY CONTACT INFORMATION t Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Diana Deleon,Purchasing De at. Phone Number 252-8375 Contact/ Department ✓/ Agenda Date Item was December 11,2012 Agenda Item Number 16.D.26 trZ Approved by the BCC Type of Document Contract/Agreement ,�" Number of Original 2 Attached Services for Seniors#12-5856 ✓ Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, t `j provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. ft 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. l'( 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's �+ ) signature and initials are required. Li 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. •JrtN Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on i /uf(Z(enter date)and all changes made during the meeting have been incorporated in the attached document. The County N� Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 16026 MEMORANDUM Date: January 15, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #12-5856 "Services for Seniors" Contractor: ACCU-Care Home Health Service, Inc. Attached, is an original copy of the contract referenced above (Item #16D26), approved by the Board of County Commissioners on Tuesday, December 11, 2012. The second original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 161326 Purchasing Department colt., cunt 3327 Tamiami Trail East ....4,0000-"1.416.----%.0.40,......----.... Naples, Florida 34112 _ Adrrnistrative Seivices Dtvision Telephone: (239)252-8375 Purchasing FAX: (239)252-6597 Email: DianaDeLeon a(�,colliergov.net www.colliergov.net/purchasinq Memorandum Date: December 11, 2012 DEC _ 2312 From: Diana DeLeon, Purchasing Dept., for Joanne Markiewicz RISK MANAGEMENT To: Ray Carter, Manager Risk Finance Subject: Contract 12-5856 "Services for Seniors" The County is in the process of executing the following contracts with: Accu-Care Home Health Service, Inc. Always There Home Health Care, Inc. Gulf Coast Assisting Hands, Inc. Bidwell Home Care Services, LLC Care Club of Collier County, Inc. First Care Home Services, Inc. Health Force Lifeline Systems Company NurseCore of Fort Myers Southern Home Care Services, Inc. Summit Home Healthcare Products Sunrise Community, Inc. VIP America of Southwest Florida, LLC Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have an e--stions, please contact me at the above referenced information.II Ins . •.roved By: / M-nager risk Finance ignature late (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentForrnsandLetters/RiskMgmtReviewofl nsurance4/15/2010/16/09 GonzalezGreily • 16026 From: CarterRaymond Sent: Friday, December 21, 2012 10:18 AM To: DeLeonDiana Cc: ColliMarian; MausenGeorgina; GonzalezGreily Subject: Contract 12-5856"Services for Seniors" All, Risk Management has approved the certificate(s) of insurance provided by Accu-Care Health Service, Inc for contract 12-5856.The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Manager Risk Finance Collier County Board of County Commissioners 3311 East Tamiami Trail, Bldg D Naples, FL 34112 Office 239-252-8839 Mobile 239-821-9370 Fax 239-252-8048 Interview Entry Incident Notification Link Ul ::£?F Florida Law,e•ma!l addresses r ar.pablio t„s::1:'.,,.I.you do not.wa ou a ma i address(0 0ased fa=_ poroe to a aub..0. c ata request,do not sond aaoc;d Eh k;mau_to this entity instead,contact this office by telephone or 1 CEIV6D 26 AGREEMENT 12-5856 DEC i 2 2012 for RISK MA AU MEW Services for Seniors THIS AGREEMENT, made and entered into on this // day of he et n, kie,k , 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 /A ,6( , 2012 and shall terminate on/D &ti it bli, 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 16D26 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 1 I 16026 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 16026 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 16026 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 16026 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 16D26 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts I By: 1 C,,,?j,,,N Dated: t -2 Fred W. Coyle, Chairman ISEAL) Atteest es :1Q641 a Accu-Care Nursing Service, Inc. Vendor First Witness Signature a Christrne Mco T :- print .•'tness amet '' Cc ♦w.i�. a CEO . Second Witness Typed signature and title , ill- f4-0S TType/print witness nameT Approved as to form and legal sufficiency: Assistant CoUty A to' o'rney Item Agenda t Z�C( '� Enm ly R -Pei Print Name Date ( (�{,3 Rec' '� Deputy Clerk Page 7of1.1 161326 Agreement#12-5856 "Services for Seniors" Attachment A Contract Rates 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 gs 1 6 0 2 6 Invoice Lo (Minimum Stan Invdard Invoice Information) Vendor Name Invoice Number Vendor Address From Date and To Date County Purchasing Order Number Reimbursement TOTAL Total Rate Per Unit AMOUNT Service In Kind to Supplier (Multiply the Cost Description Referenced per Match (Subtract In TT Reimbursement identified Grant Amount Kind Match Quantity Rate Per Unit Service by line) Unit Amount from to Supplier x Total;Cost Per the Unit Service 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: Date: Adjustments Reasons: Lead Agency Authorization: Attachments: Weekly Service Log and Weekly Client Service Time Sheet Page 9 of 11 16O6 hL L O ae�E a . F. o-, rn Z c Z u E w w . : m cn bA cl• E c..c •E x Z a ,• p ,p L 7.., .� U U a.> vc) •� a.. w , p a, o m a a . c a. aJ x bA a E a al m x x a' •4 .o .0 O a f v o b b U a>L L cu . W W r^j .L '4)' rci v .,..-7-J U En ci) o .4—, p w eti �u L ;cI a7 a, ° c)"z w z w" as �° ,_, c,., _. 0 16026 cd Ur 5 a, G N o 5 o bID p y • v t E"i 0J U x y A U i. v ❑ss m w = cr), 0 ct ct cf et a, et .. o talD r q cie O U v v o v N r el g Q H O y H O U v Ct cn N k G1 c:::1 7 bD " a w U CD a v A CI ~ u v 'r o aj 1. v'C �^o . H w °' ct a� a ; zvl -� .� y v ° Q ^o o v 0) ,—i P ✓ W ,---" ..14, 16026 AccaRcr CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ,.- 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 CONTACT Dana Cavic NAME: SABAL INSURANCE GROUP,INC. PHONE FAX (954)828-9949 805 E.BROWARD BLVD.,SUITE 303 (NC,No.Eat): (954)828-9948 liA/C,No): E-MAIL dcavic @sabalinsurance.com FORT LAUDERDALE FL 33301 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Agency Lice:L002130 INSURER A : American Alternative Ins Corp 19720 INSURED INSURER B ACCU-CARE NURSING SERVICE,INC. 2375 TAMIAMI TRAIL N,#300 INSURER C NAPLES FL 34103 INSURER D: 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. INSR ADD'L SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR wvD POLICY NUMBER IMM/DDIYYYY) (MM/DD/YYYY) A GENERAL LIABILITY I VHHG3052541-04 06/21/12 06/21/13 EACH OCCURRENCE 1 $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRS RENTED i PREMISES(TO occurence) $ 1,000,000 ( j X CLAIMS-MADE OCCUR MED.EXP(Any one person) I $ 50,000 X Professional Liability j PERSONAL&ADV INJURY $ 1,000,000 X I Retro Date O6/21/03 I GENERAL AGGREGATE I $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 1 PRODUCTS-COMP/OP AGG $ 3,000,000 I- PRO- POLICY I JECT LOG I $ AUTOMOBILE LIABILITY VHHG3052541-04 06/21/12 06/21/13 COMBINED SINGLE LIMIT $ Included A (Ea accident) ANY AUTO BODILY INJURY(Per person) 1 $ ALL OWNED SCHEDULED I BODILY INJURY(Per accident) $ AUTOS AUTOS _ X HIRED AUTOS X NON-OWNED '�. PROPERTY DAMAGE $ AUTOS (per accident) I 1 $ . UMBRELLA LIAB OCCUR EACH OCCURRENCE 1 $ 1 EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION I WC STATU- OTH AND EMPLOYERS' LIABILITY TORY LIMITS ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT I $ OFFICER/MEMBER EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE I $ (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below I , DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The certificate holder is named as an additional insured. CERTIFICATE HOLDER CANCELLATION Collier County Government Center SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3301 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. - Naples,Florida 34112 AUTHORIZED REPRESENTATIVE Attention: rt Dana Cavic ACORD 25(2010/05) @ 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16026 DATE(MMIDDIYYYY) p CERTIFICATE OF LIABILITY INSURANCE 0t,10,20,3 ll:ia 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 PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerflcate 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 CONTACT NAME: Highpoint Risk Services LLC MOW PVC,NO,EEO: (800)728-0623 IPAItt✓ ,Noi:(972)404-0390 5501 LHJ Freeway, Suite 1200 EMAa ADORES#. Dallas, TX 75240 INSURERS AFFORDING COVERAGE NAIC N INSURER A:companion Property And C4nua 1Ly tnau,.anne Company 12151 INSURED: Equi..ty Group Leasing I, Inc .i/c/f; INSURER B: ACCU-CARE NAPLES INSURER C. 2315 N. TAMIAMI TRAIL STE 300 INSURER D. NAP LGG, FL 34103 INSURER E: Phone: (239) 253-3011 L'ox: (239) 203-1152 INSURER F: COVERAGES CERTIFICATE NUMBER: AC13-15400104-1172552 REVISION NUMBER: IHIS 1520 CERTIFYTRAITFIE FOLILIES OFTNSIJRAR ■ : •n^.w x + I D TO THE INSUREL E ABOVE FOR:IFEFOLJCYPERIOD 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 IN R TYPE OF INSURANCE -ADM_ SUER- POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSR M/0 • DATE(MM/DD/YY) DATE(MMIpDIYY) , GENERAL LIABILITY EACH OCCURRENCE g — COMMERCIAL GENERAL LIABILITY BAMAGE TO OWED 9 PREMISES IPA ecturtente) ICLAIMS MADE a OCCUR 0 ❑ MED EXP(Any one person) $ PERSONAL&AOV INJURY g GENERAL AGGREGATE $ GENE AGGREGATE LIMIT APPLES PER; PRODUCTS-COMP/OP AGG '�17 - —'POLICY f J i} r LOC $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT (Ea accident) $ ��ANY AUTO !!WILY INJURT(F'er person) S ALL OWNED AUTOS ❑ ❑ BODILY INURY(Per accident) $ SCHEDULED AUTOS .„,.., PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS a $ UMBRELLA LIAR CLAIMS-MADE EACH OCCURRENCE S EXCESS LIAB OCCUR AGGREGATE $ DEDUCTIBLE 0 I $ ~RETENTION $ $ WO1KERS COMPENSATION AND I X I folet.IMMS I (`"Vg EMPLOYERS'LIABILITY ANY PROPERIETOR(EXECUTIVE YIN E.L.EACH ACCIDENT $ 10 0 0000 OFFICER MEMBER EXCLUOED3 In N/A ❑ 2 ) 01/01/2013 04/01/2013 EL,DISEASE-EAEMPLOYEE $ 1000000 DPE26_72790�60 e (Mandatory In NH) iI yes,describe under EL DISEASE-POLICYL'MIT $ 1000000 SPECIAL PROVISION below D DESCRIPTION OF OPERATIONSILOCAT1ONSNEHICLESIAttac hed ACORD101,Additional Remarks Schedule,If more space Is required 1. This certificate remains in effect rovi c the client' account is,in good staling with Equity Group 1,eassn �`, Inc. coverage is not rovided for sp em client's ee fo which tthe client IS not reporting wa�ales to quits (r6 L) Basin I, TAIL. ,App lv U% OS the employee o Equity Group Leasing I, 115c leased to ACCU-CARE NAPLES, eftective U /ul/2ol3 2. InsureOO iS arfgrded W4_tkersq y Comuen.atJon & Employers liabi ity as a co-employer under LLL e policy or employees leased tram Equity Group Leasing I, _nc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH For rr,foe a na.l Yurpo:r a Only'-- THE POLICY PROVISIONS.. r (yf3e Pro i 1. ;3icnsls 141i3O Daliap Parkway 1/300 fill,.:, `.Y 75254 AUTHORIZED REPRESENTATIVE 4'"-.w"-'*:.:::x+4- ACORD 25(2010/05) 0 1988-2010 ACORD CORPORATION.All right reserved