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Backup Documents 06/23/2009 Item #16E10 i1' E 1 0 MEMORANDUM DATE: July 1, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: Arcadia Health Services, Inc. Enclosed, please find one (1) original, referenced above (Agenda Item #16E10) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures DO NOT WRITE ABOVE THIS LINE 16E 10 ~ .r.:;r-'j.- l"c:,f,')ATE RECEIVED: Ofl j/\ \,.ii , '\J'.,,_ ,), IT"L._ ~ ~l / ~ \ ~ I Irq !I\I-rv t:.l'T:~)'r"'\IC\! 0 r --.It' .!\).I" I I r, \., "',-\ l"'-~ C''1- ':"; f", l,: 08 . n 1,;7 ~ ~D b" ..' I.. J v ~"...v- t1 V V .,V/D1 (b~ ;)1 Q REQUEST FOR LEGAL SERVICES /' p\ s ~ -'\ >)..'0 3)vY ITEM NO.: CPt' pOc,. 0 \'LL\. ~ FILE NO.: ROUTED TO: Date: June 26, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #09-5227 "Services for Seniors" Contractor: Arcadia Health Services, Inc. d/b/a Arcadia Health Care BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Age~~ ~ ) Item 16.E.10 ~ This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services RLS# t''1-I.e1'-I.'(;! t' E 1 0 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: A tV! A-Dt Il &4I-TH SElJ...vlCfS IN(!. c1flJ (t!{. A~A-l>(A ife-Al- 71-1 L'A-,Q € Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ I Me L. Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ I t'\ t (..... Workers Compensation Each accident Required $ STA7'. /..11&4/7 Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ 10 MIL Aggregate Provided $ / , Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:~IJJ~f6~NA/.. Required $ ___ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? ~Yes ~Yes Yes ~Yes Provided $ 3 Me L.- Provided $ t ( Provided $ r MIL Provided $ 11 Provided $ "0) PO/) Provided $ l Mll Provided $ {lI.A, 1 Provided $ It Provided $ l I ~Yes ~Yes No No No No ~No No Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date q, { I IO't t\ It l ( / ' Exp Date ~.( I { Dq Exp Date S-( f) /7-()/t) Exp Date l. Exp Date I ' Exp Date q/ I f()9 Exp Date l' ~es Provided $ Provided $ No Exp. Date Exp. Date Exp Date ~q No No Provided $L{ {lIlI L. -LYes ~Yes /" Yes Yes Signatllre Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? ~\\\ \ ~Yes ----..L. Yes ~Yes ~Yes ~Yes ~Yes ~Yes /Yes No ~No Yes No Yes Yes No No No No No No No No No No "- ReViewer Initials: ~ Date: 6131'/ tJ9 04-COA-O" mCi222 MEMORANDUM ,./('e"r"" , ,\.11.. '-.)," lilt I,,' 'l/-. \;~ j"\ 1<\, ~'I'-T ......~. 1-) \ ..1\,,: i i:.:'. It,)!j'j 't6E 10 ") ('lr' 'I L~' .1 , ,', i." I ,.. . -- Ii: J 3 TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department ,() D ~ \ y~ l" . t~tr (, (;.tt'-'V . ~'l ' DATE: June 26, 2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Arcadia Health Services, Inc. d/b/a Arcadia Health Care This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Terri Daniels, Housing & Human Services 16E10 mausen_9 From: Sent: To: Cc: Subject: RaymondCarter Monday, June 29,2009 1 :17 PM LynWood; DeLeonDiana DanielsTerri; mausen_9 Contract 09-5227 "Services for Seniors" All, I have reviewed and approved the certificate(s) for the following vendors under contract 09-5227: L Arcadia Health services. Inc. d/b/a Arcadia Health Care 2. Executive Healthcare Solutions, LLC d/b/a Brightstar Healthcare 3. Eleven Ash, Inc. d/b/a Health Force The contract s will now be forwarded to the county attorney's office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 www.sunbiz.org - Department of State Page 1 of2 l€>EIO Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List R~lYrrL"[QI..I!>j: IEntity Name Search Submit I Events t-!~Jnel:lls1Q.!)' Detail by Entity Name Foreign Profit Corporation ARCADIA HEALTH SERVICES, INC. Filing Information Document Number P21141 FEI/EIN Number 382186866 Date Filed 10/03/1988 State M I Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 01/21/1994 Event Effective Date NONE Principal Address 9229 DELEGATES ROW, SUITE 260 INDIANAPOLIS IN 46240 US Changed 01/14/2009 Mailing Address 9229 DELEGATES ROW, SUITE 260 INDIANAPOLIS IN 46240 US Changed 01/14/2009 Registered Agent Name & Address NRAI SERVICES, INC. 2731 EXECUTIVE PARK DRIVE - SUITE 4 WESTON FL 33331 US Name Changed: 05/07/2008 Address Changed: 05/07/2008 Officer/Director Detail Name & Address Title PRES RICHARDSON, MARVIN R 9229 DELEGATES ROW, STE. 260 INDIANAPOLIS IN 46240 US Title VP SPARLING, CATHY 26777 CENTRAL PARK BLVD, STE 200 SOUTHFIELD MI 48076 US http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc _ number=P21141 &inq... 6/24/2009 www.sunbiz.org - Department of State Title TRS MIDDENDORF, MATTHEW R 9229 DELEGATES ROW, STE. 260 INDIANAPOLIS IN 46240 US Title SEC MOLIN, MICHEllE M 9229 DELEGATES ROW, STE. 260 INDIANAPOLIS IN 46240 US Title DIR RICHARDSON, MARVIN R 9229 DELEGATES ROW, STE. 260 INDIANAPOLIS IN 46240 US Annual Reports Report Year Filed Date 2007 12/12/2007 2008 02/11/2008 2009 01/14/2009 Document Images 01J14/2009=.A.NNu.A.LHEPQ RT 05/0712008::-:Heg,Agent Change 02/11l2008=ANNUAl REPORT 12/12/2007 -- ANNUAL REPORT 07/16/2007 =ANNUAl REPORT 01/23/2006 =ANNUALREPORT 04/14/2005=- ANNUAL REPORT 04/12/2004 -- ANNUAL REpQRL Q2L2tJ,./200::t=.A.NNu61.BI;PQRT 04/02/2002 =ANNlJAL REPORT 05/Q_~200J:::..ANNUAI..BEPQRT 0;3115/2000=: ANNuAl.. REPORT 02/10/1999 -- ANN UAL REPORT Q2Lt2L19iHL:::..ANN UAL REPORT 02/25/1997 -- ANNUAL REPORT 04/231199('1-- AN.NUAL B.E.P_QRJ Page 2 of2 1~EI0 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I Note: This is not official record. See documents if question or conflict. I Previous on List EVE~!'L~ Name Hist9IY Next on List RetymI9 List IEntity Name Search Submit I I Home I Contact us I Document Searches I E-Fillng Services I Forms I Help I Copynght and Privacy Policies Copyright @ 2007 State of Florida. Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=P21141 &inq... 6/24/2009 .16 E 10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Arcadia Health Services, Inc. d/b/a Arcadia Health Care, authorized to do business in the State of Florida, whose business address is 4350 Fowler Street, Suite 3, 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": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30,2012. 2. ST A TEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page I of7 16EIO 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: Arcadia Health Services Inc. d/b/ a Arcadia Health Care 26777 Central Park Blvd., Ste. 200 Southfield, MI 48076 Attention: Claudia Skewes, Contracting Supervisor Telephone: 239-466-8889 Facsimile: 239-466-5152 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16EIO 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: ~. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. ~. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. ~. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional..lhsured 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. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 IGEIO Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indenmify 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 indenmification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16EIO responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16EIO IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E.~rock,':Glerk~f Courts BOARD OF COUNTY COMMISSIONERS COLLIER; fiUNTY, FLORIDA By: fJJ~ d~ Donna Fiala, Chairman By: Dated: I (SEAL) Attest .s ..t9 a.......;- S1gnltwe CNli~0 ji.:- I Arcadia Health Services, Inc. d/b/a Arcadia Health Care d~~ First Witness By: Kurnia Brown tTypejprint witness namet of. '-('Y\_.i..Jr~-:\:) u.. r '{)c..5'l ~ Second ess Cathy Sparling, Sf. Vice President Typed signature and title Lindsay Ducharme tTypej print witness namet Approved as to form and l~f;ep LL A5S~S~~rrCounty Attorney Dep \A S e-.1! R --;e4 ?-i, Print Name Page 6 of7 16E10 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEE/UNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 ACORD", CERTIFICATE OF INSURANCE ISSUE DATE 06/24/2009 PRODUCER This certificate is issued as a matter of information only and confers no rights MCGRIFF, SEIBELS & WILLIAMS, INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the PO. Box 10265 coverage afforded by the pOlicies below. Birmingham, AL 35202 COMPANIES AFFORDING COVERAGE 800-476-2211 Company Firemans Fund Insurance Company A1JrtL A .1.1% ? :3 INSURED Company Hartford Casualty Insurance Company :t- tjif,.lf Arcadia Resources, Inc. and all of it's subsidiaries B 26777 Central Park Blvd. Suite 200 Company Hartford Fire Insurance Company .t1 ^ ,'Jlooor. Southfield, MI48076 C I '1 fI1'7j v Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of 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, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY LT EXPIRATION A GENERAL LIABILITY HYO-1 000030-0 1 05/07/2008 EACH OCCURRENCE $ 1,000,000 IXI Commercial General liability 09/01/2009 FIRE DAMAGE $ 100,000 D Claims Made IXI Occurrence MEDICAL EXPENSE $ 10,000 D Owners' and Contractors' Protection IXI Medical Professional Liability PERS. AND ADVERTISING INJURY $ 1,000,000 D GENERAL AGGREGATE $ 3,000,000 General Aggregate Limit applies per' PRODUCTS AND COMP OPER. AGG. $ 3,000,000 IXI Policy D Project D Location B AUTOMOBILE LIABILITY 21UENIT9404 05/07/2008 COMBINED SINGLE LIMIT $ 1,000,000 IXI Any Automobile 09/01/2009 BODILY INJURY (Per oerson) $ D All Owned Automobiles Medical Payments: $5,000 BODILY INJURY (Per accident\ $ D Scheduled Automobiles D Hired Automobiles PROPERTY DAMAGE (Per accident) $ D Non-owned Automobiles COMPREHENSIVE $1000 deductible !XI Includes Hired Auto Physical Damage COLLISION $1000 deductible WORKERS' COMPENSATION WC Statutorv Limit I I Other I I AND EMPLOYERS' LIABILITY EL EACH ACCIDENT $ EL DISEASE (Each emolovee) $ EL DISEASE (Policv Limit) $ A EXCESS LIABILITY HE01000006-01 05/07/2008 EACH OCCURRENCE $ 10,000,000 IXI Occurrence DClaims Made 09/01/2009 AGGREGATE $ 10,000,000 C BUSINESS PERSONAL 21UUMIT9320 05/07/2008 Personal Property Limit $ 4,386,000 09/01/2009 Deductible $ 1,000 Replacement Cost $ ^ Special Form, Including theft, $ / flood and earthquake $ The Certificate Holder is named as Additional Insured with respect to General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Collier County Authorized Representative Purchasing Department q.d 13l1.. a-s. J?: 3301 Tamiami Trail East Naples, FL 34112 paae 1 of 1 Certificate I D # C9M62KJ6 l'EIO /' / ACORDrr.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 517/2010 4/29/2009 PRODUCER Lockton Companies, LLC Denver THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 8110 E. Union Avenue ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Suite 700 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver 80237 (303) 414-6000 INSURERS AFFORDING COVERAGE NAIC # / INSURED Arcadia Resources, Inc., ETAL INSURER A: ACE American Insurance Comnanv 22667 / ]305587 26777 Central Park Boulevard INSURER B: Southfield, MI 48076 INSURER C: INSURER D: I INSURER E: 16EIO COVERAGES ARCHEOI EN TH'S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRAcr BETWEEN THE ISSUING INSURER SI. AUTHORIZEO REPRESENTATIVE OR PRODUCER AND THE CERTIF'CATE HOLDER. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY NUMBER P~..k+~~:~~88,w~ Pg~!fJf~~~~N LTR NSR! TYPE OF INSURANCE LIMITS ~ENERAL LIABILITY EACH OCCURRENCE < XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE ~~~~~H9E~~~~~nce' $ XXXXXXX - tJ CLAIMS MADE 0 OCCUR - ME D EXP (Anyone person) $ XXXXXXX I.- PERSONAL & ADV INJURY $ XXXXXXX I.- GENERAL AGGREGATE $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ XXXXXXX h nPRO- n POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXXXXXX ANY AUTO NOT APPLICABLE (Ea accident) I.- - ALL OWNED AUTOS BODILY INJURY (Per person) $ XXXXXXX - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ XXXXXXX NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ XXXXXXX (Per aCCident) ~RAGE LIABILITY AUTO ONLY- EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX OCESSJUMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR D CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX $ XXXXXXX R 0 UMBRELLA / DEDUCTIBLE FORM $ XXXXXXX RETENTION $ V $ XXXXXXX WORKERS COMPENSATION AND X I T~~~r:lJNs I 10TH- A WLRC456983 ]2 5/7/2009 5/7/2010 ER EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE SCFC45698324 5/7/2009 517/2010 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ~~~~I~~~~V~~?ONS below NO E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS $250.000 Deductible. Waiver of Subrogation applies with regard to Worker's Compensation coverage. Alternate Employer Endorsement is provided. RE: Branch #721. CERTIFICATE HOLDER 3640465 CANCELLATION ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH D PRESENTATIVE Arcadia Health Care 4350 Fowler Street, #IB Ft. Myers, FL 33901 16E10 MEMORANDUM DATE: July 1, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: Summit Home Respiratory Services, Inc. Enclosed, please find one (1) original, referenced above (Agenda Item #16E10) approved by the Board of County Commissioners on Tuesday, June 23,2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures o fI\--r,..-'" 0--'\\'\016 E 10 ITEM NO.: CA - i J!..C-.- 04f':a I I/> <I~ V) ,~( ::R~ElN~D V 0 ;!; <so I. ,C)! 1],/; Y AI~-,r.'C"I~\I[:-'v , I \~ I ~I- I FILE NO.: (& '- V~ ~?~(Vf ~::o ,';" 13 ROUTED TO: Re: Contract: #09-5227 "Services for Seniors" srY15 '1/ J-. Ii V'I. J REQUEST'l!OR LEGAL SERVICES.. c] / ~ () {\ktA,"\I/~ ~ If-- \ June 25, 2009 . ~ J~ ........ (;) ~. t'~~ .~ .Ut.- ,; l//' (I/V r ,.-.. IV" I~' /'./ 'IV' (J .\.. . V.. '1 d ~ tV" Ill' ~. -'r\tJ~ 'JL/1 v I/" \) ,~'\..,. ~ ' ~. , J < t 'v t I ~;A) b 1 t }> ~ Date: To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Contractor: Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products BACKGROUND OF REQUEST: .~- // / This Contract was approved by the BCC on June 23, 2009, Agenc;fa '-f'Ap.J Item 16.E.1 0 \ -"-. ~ This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services RLS # or - Ae~ - 0/.;1 ~c4--.t 1 0 CHECKLIST FOR REVIEWING CONTRACTS .I. Q E EntityName: ..5t,/i!' r ~ti kf~~fJrf2IJ-mi2-1 .....rE~ulct<.,/ Ill)(!.. ct/f>/a.. . $UM.!tur tbmi /ft/lt-T/I('Ak~ I~Ct)l.k!::e; EntIty name correct on contract? ~y es _No Entity registered with FL Sec. of State? __0'es __No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ t IV\ I L Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ IN A.. vW Provided $ Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? ---L.. Yes -./ Yes v Yes V Yes Provided $ "'2- 'Iv\ ll- Provided $ II Provided $ I MI L..- Provided $ II Provided $ SO,"oo Provided $St1Q, {I'D Provided $ l / Provided $ l ' Exp Date Exp Date Yes Provided $ Provided $ Provided $ /Yes ~Yes ~Yes Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? ~Yes ---L.. Yes V Yes ~Yes .00 n, ~1)lUl(/V tW~\ "t.> ...'" \-r ~Yes ~Yes I,/' Yes Aes No No _No No Exp. Date ~ Exp. Date L I Exp. Date \ I Exp. Date { I Exp. Date ( , Exp Date - Exp Date hlsl (~ Exp Date I I, Exp Date I I Yes Yes Yes Exp. Date Exp. Date No Exp Date_ No No No ~No No No No No No No No No No No - No Reviewer InitjaIS~(! Date: ~ 3/JeJ'? 04-COA- ] 03 /222 16EIO MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department j v .}~vM ./ ()t^ '1-\ J'~ lI(; DATE: June 25, 2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. 'V~;' dod/LMW v J..:- }.I lA, ~ .... ;'" V" ,/ t.. 1:J d,..J "ll') i1/~f('. ((/(7j7 MAI'v~ .4p'~lr;:~? G'flvttNl 4~;{ . ._ t;/z ;-k'l t'(,/~4-tdg '.' #~ ~_/J ~ 4.~4 ~ . {!~;~ {!~ d/ ~// / ~~~~~ C: Terri Daniels, Housing & Human Services mausen_9 From: Sent: To: Cc: Subject: Raym ondCarter Friday, June 26, 2009 7:22 AM DeLeonDiana LynWood; DanielsTerri; mausen_9 Contract 09-5227 "Services for Seniors" All, I have approved the following contracts this morning: 1. United Senior Services, LLC d/b/a Visiting Angels of Naples 2 Summit Hom~ R~~pir~tory S~rvic:~.. Inc. d/b/a Summit Home Healthcare Products 3. Care Club of Collier County, Inc. The Contracts will now be forwarded to the County Attorney's Office for their review. ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 16EIQ JU::;l 24 09 11:34a Summit Home Respirator~ 9415965017 p. 1 Summit Home Respiratory Services, Ine 16 E 1 0 d.b.a. Summit Home Healthcare Products 1467 RAIL FIEAD BL YD. NAPLES, FL 34110 PHONE (800) 395-6940 PHONE: (888) 731-0404 FAX: (800) 853-2858 FAX DATE: Cover page 6-24-09 PAGES 3 Including TO: Diana De Leon COMPANY: _Collier County Purchasing Department FAX: 239-252-6597 FROM: _Constance G. De Vozza , Chief Operating Officer SUBJECT/REF: _Request for Waiver of Proof of Automobile Ins. Contract #09- 5227 "Collier County Services for Seniors" COMMENTS: _Thank you for your help. Have a great day! Confidential Notice The documcmts accompanying this fac.tmile transmhsion contain ICEally privileEed confidential infomlatioll that beloJlI" to the sender. Tlte information ill intended only for the use of the individual or entity nllJllf!d above. If you al'e not the intended recipient, YQU ore hereby notined that lUIy disdosure, copying. distribution, or the taking of any action in reliance or the contents of this trallsmlssion is strictly prohibited. If you have l'eccl\'ed this facsimile transmission In error, please notily us at the above telephone number Immediately to arrall&e for the return of the original document to us. Thank you. Jun .24 09 11: 34a Summit Home Respirator~ 9415965017 p.2 Summit Home Respiratory Services, Inc. d.b.a. Summit Home HeaIthcare Products 1467 RAIL HEAD BLVD. NAPLES, FL 34110 l,~( 10 Phone: (800) 395-6940 (888) 731-0404 FAX (800) 853-2858 Lyn M. Wood, Contract Specialist Collier County Purchasing Department 3301 East Tamiami Trail Naples, Florida 34110 Re: Contract #09-5227 "Collier County Services for Seniors" Dear Ms. Wood, Summit was asked to attach proof of Auto Liability Insurance to this contract. Our company does not have any company owned vehicles so we are asking for this requirement to be waived. I have attached "About Us" to this letter. It will tell you more about our business and how we work very hard to provide the best products at the very best possible price to Medicaid Waiver Program recipients throughout the State of Florida. All products are shipped, most next day throughout Florida. Thank you in advance for your consideration in this matter. We look fOf\vard to another great year. Please call me ifI can be of further assistance. Sincerely, ~<<~aH;7~ Constance G. De V ozza Chief Operating Officer ,Jun ~4 09 11: 34a Summit Home Respirator~ 9415965017 p.3 SUMMIT HOME HEAL THCARE PRODUCTS 1467 RAIL HEAD BLVD. NAPLES, FL 34110 16EI0 PHONE (888) 73) -0404 (800) 395-6940 FAX (800) 853-2858 (888) 697-9868 ABOUT US ... Established medical supply company located in S.W. Florida since 1983. ... Affiliated with Medicaid Waiver Program throughout the state of Florida for over 15 years. Sold DME portion of business in 2005 to concentrate solely on Medicaid Waiver Program. ... Have signed referral agreements with over one hWldred agencies throughout Florida. Currently participate with Aged or Disabled Adult Waiver, Alzheimer's Disease Waiver, Consumer Directed Waiver, Developmental Services Waiver, Family Supportive Living Waiver, Nursing Home Diversion Waiver, PAC Waiver and Traumatic Brain and Spinal Cord Injury Waiver. ~ November 2008, company added d.b.a. to company name to better reflect current operation. Summit Horne Respiratory Services !rico will be d.b.a. Summit Home Healthcare Products. ~ Currently have a total of twelve knowledgeable staff members dedicated solely to the Waiver Program. We work closely with case managers and clients to answer questions or concerns and assure correct and efficient shipping and billing of products ordered. ~ Computerized UPS and FEDEX shipments to assure accurate and fast delivery of products. FREE EXPRESS DELIVERY on all orders. Orders received by 4 p.m. will arrive at client's home the next day. Florida panhandk requires 2nd day delivery. ... Orders are electronically billed with Month End Expenditure Reports sent within two business days of end of month, or billed via invoice with mailing of such on a weekly basis. ... Four toll-fiee numbers to speak with our staff or to fax orders/other communications. ... Catalog containing pictures, descriptions and pricing of consumable supplies and specialized medical equipment. We supply as many catalogs as needed. ... November 2008, published ftrst "Additional Product List" to help agencies cut costs. Some prices lowered and some great new products offered at the lowest possible pnces. ... We maintain a large warehouse stocked with most supplies. We also maintain a large catalog library used by us to assist case managers in locating needed specialty items. ~ Free Sample Program available for most incontinent products. ... We have continued to maintain the same or lower price levels since 1999. SUMMIT HOME RESPIRATORY SERVICES, INC. 1467 RAIL HEAD BLVD. NAPLES, FL 34110 16EIO PHONE (239) 596-5000 FAX (239) 596-5017 June 1,2009 I, Keith E. Glisch, President/CEO of Summit Home Respiratory Services, Inc. d.b.a. Summit Home Healthcare Products, in my absence, transfer my administrative power to Constance G. DeVozza, Summit's Chief Operating Officer. Ms. DeVozza will be listed on all bank accounts as an additional signer. I also give her the authority to sign any agreement necessary for the day to day operation of the company whether I am present or not. ~~~~ Keith E. Glisch /0 President/CEO State of ~/2i.1J.,<J County of & II l..e fL, Th~ing instrument was signc;4 and aCknOWledg~ before me this L day of~--L- ,2009, by (~AI~A-A~ !1; JJ,.,,( yt)2.2..A personally known to me. 0~>J-/~p" Notary Public Signature E / ,Ih/l/-'! /J1. /V~/J C) ,c/ Printed Name of Not Public :D .L/7t:J I! I Notary Commissio ,~~~ '1/ ..co ......;.'i. ELAINE M. NELSON *..bL * MY COMMISSION # DO 470181 "'~'" EXPIRES: September 11,2009 -fr", Of F'-O~ Bonded Thru Budget Notal)' Services - www.sunbiz.org - Department of State f6e ffi 0 ", ~l""~ FLORIDA DEPARTMENT OF STATE ~ I."/~ i,~ 411I DIVISION OF C ORPORArIO\~ ,__' _,._ ;j~~b~:_ ..~ _ . ~~!~~~:, ~~~~., Jlj' Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next QnJJst B~1!J_m_TQ L.ilit IEntity Name Search Submit I f;'{ent~ No Name History Detail by Entity Name Florida Profit Corporation SUMMIT HOME RESPIRATORY SERVICES, INC. Filing Information Document Number G60163 FEI/EIN Number 592321210 Date Filed 09/20/1983 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/06/1993 Event Effective Date NONE Principal Address 1467 RAIL HEAD BLVD. NAPLES FL 34110 US Changed 03/01/1999 Mailing Address 1467 RAIL HEAD BLVD. NAPLES FL 34110 US Changed 03/01/1999 Registered Agent Name & Address GLlSCH, KEITH 25 LAS BRISAS WAY NAPLES FL 34108 US Name Changed: 06/23/1992 Address Changed: 05/08/1997 Officer/Director Detail Name & Address Title PRES GLlSCH, KEITH 25 LAS BRISAS WAY NAPLES FL 34110 Annual Reports Report Year Filed Date 2007 04/05/2007 http://www.sunbiz.org/scripts/cordet.exc?action=D ETFIL&inCL... doc number=G60 163&in... 6/23/2009 . W\vw.sunbiz.org - Department of State Page 2 01'2 2008 04/25/2008 2009 04/13/2009 Document Images Q4/1312009=-ANNVAbREPQRT 04/25f2QQI:3____ANN VAlRE [,OR T Q4!Q5/2QQZ~~ANNVAl.REPQJn 04[01'[2006 -- AI\I_NWALREPORT ~4/1~L20Q_5 -- ANNUA1BEP_ORT Q4/3012004 -- Al'mVAL_REEQRT Q4[17/2003::~_ANNW61,B.EP_ORT 05/01 /2002.::~ANN1J6LBJ;PQ81 Q5/0212QQL:_6NNVAbR EPQRT 09L2912QQQ -- AJIll,tVALREEQRI Q3/Q1j1999=ANNVAbREPQRT 05/08/1991:3::.:...ANNVAl REPQRT 05!Oa!1997::~AN N l,JAL REPORT 05LOJ/ 1996.::::.ANNI.1 AL RE PQR L 05/01/1995 ~~ANNUAL REPORT 16EIO View imag~ in PDF format View image in PDF format View il11age in PDF format Vi~w image in PDF formClt View imageinPDF format View image in PDF format View image in PDF format View image in PDFformat View image in PDF format View image in PDFformat View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. PreviolJs onL.ist IEntity Name Search Submit I E;,,~nts No Name History ~~tQnL.i~t Retl,lIIl To List Horne I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright 200'7 State of fCIorlda, Department of State. http://www.sunbiz.org/scripts/cOl'det.exe?action=D ETFIL&inq_ doc _number=G60 163&in... 6/23/2009 16E10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009/ by and between 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 Railhead 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": WITNESS ETH: 1. COMMENCEMENT. This Agreement shall commence on July 1/ 2009 and shall terminate on June 30/ 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Appendix 1/ Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70/ Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page 10f7 16E10 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 Respiratory Services, Inc. dba Summit Home Healthcare Products 1467 Railhead Blvd. Naples, FL 34110 Attention: Constance G. DeV ozza Telephone: 239-596-5000 Facsimile: 239-596-5017 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing! GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16EIO 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. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of? J6El(} Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Deparbnent. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of timej b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16EIO responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 t6lEIO IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts ~~'~ ~ By:/K~. .... I Date;~ i .; .' Attest ~.)to Cht~- 14QA.a+uAA: . " ., ........ .;,,, It, . " ;: I ~ 0. l, ~:. 1. . .....' BOARD OF COUNTY COMMISSIONERS COLLIE~ WUNTY, FLORIDA I}J~_, d~ By: Donna Fiala, Chairman Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products Vendor 7J1-1~wu First Witness /JJF ,/;~(je? tType/print witness namet d)~ ~,06~_' ~. . ./' --. SJcond Witness Q ). . () By: '~N.x!; ,{ :/;ilJr Signature ( Cfj,>,k/Jrf' (;'.Jxt/ZZIl Typed signature and title 'w \ Cl V\. ~< l\p , L-.. e.c, ,."\ , tType/print witness namet Approved as to form and l~fCf? )~ Assis~t County Attorney "tUp&c: S 411 Q 7Z.c-d- Print Name Page 6 of7 1'.___.__.......,"'_.__._-_.._..,,-~._~~-"""~~~~''"---- \16 E 1 0 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEEIUNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 .",.........""___..,.""'.....,__"".""''''__''"_~,____~".,__.,..._,...~.__ ,....,;,...'.c..,.,.<,_,..",_..~,~.,,_..'''"'"'''M'.'_~_-''u~.__~____ JUN-05-2009 11:03 Integrated Insurance 239 549 79 ACORD TII CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYYI 06/05/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA nON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PROOUCER Integrated Ins. Services, Inc. 1316 Sf 46th Lane #1 Ca e Coral FL 33904 IHSURED Summit Home Respiratory Services, Inc. 1467 Rail Head Blvd. : INSURER A i INSURER 9: INSURER C INSURER D INSURER E Naples FL 34110 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 CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I~~: ~~~ .,.""""" POL.ICY NUMBER POL.ICY EFFECTIVE POL.ICY EXPIRATION L.IMITS ~NERAL L.IABlUTY EACH OCCURRENCE $ 1,000,000 ./ A ..!. 3MMERClAL GENERAL LIABILITY 28CMCFL.138 09/27/08 09/27(09 DAMAGE TO ~';.~~~" "' $ 50,000 - CLA'MS MADE [!J OCCUR MED EXP IAnv one _sonl $ X Products/Com pI. Ops ~~ONAL. & ADV INJURY $ 1 ,000 000 X Professional Liability GENERAL AGGREGATE :; 2,000,000 ./ /' 4'L AGGREnE ~IMIT APF~t PER. PRODUCTS. COMP/OP AGG :; 2,000,000 ./ POLICY ~~9; X LOC .MLTOIlllOBlLJi LIABILITY COMBINED SINGLE L.IMIT $ ANY AUTO (Ea accident) - f- ALL OWNED AUTOS BODIL Y INJURY $ SCHEDULED AUTOS Iper person) f- ~ ! HIRED AUTOS BODILY INJURY , NON-OWNED AUTOS (Per acddenl) 1$ i I PROPERTY DAMAGE (Per aocidenl) :; RGE LIABILITY AUTO ONL V . EA ACCIDENT :; ANY AUTO OTHER THAN EA ACe :; AUTO ONLY' AGG :; ~ESSlUMBRELLA LIABILITY EACH OCCURRENCE :; OCCUR D CLAIMS MADE AGGREGATE S I $ -- =1 DEDUCTIBLE :; RETENTION $ :; WORKERS COMPENSAnoN AND X I T'X~JTf.:I.';1:-1 10J~' B EMPLOYERS' LIASIUTY TWC3200066 06/05/09 06/05/10 :; 500,000 ANY PROPRIETORIPARTNERIEXECUTIVE EL. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E,I.. DISEASE - EA EMPLOYEE :; 500.000 ~m ~e~~~~~?~~" ""'~ E L DISEASE. POLICY LIMIT :; 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEM&.NT I SPECIAL PROVISIONS Sales of medical supplies. Certificate Holder is an Additional Insured with respects to the policies noted on this certificate. Bid: #ITQ #09.5227 Title: Collier County Services for Seniors Collier County Board of County Commissioners CANCELLATION SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOf', THE ISSUING INSURER WIL~ ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT, BUT FAI~URE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS /\GENTS OR REPRESENTATIVE$. AUTHORlZff REP~E NTATlVE ,JL 1\. /}f/-:ztlJ- CERTIFICATE HOLDER Naples, FL ACORD 25 (2001/08) @ ACORD CORPORATION 1988 TOTAL P.007 .~...._-"" ~ i,il.bE 10 MEMORANDUM DATE: July 1, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: Bidwell Home Care Services, LLC Enclosed, please find one (1) original, referenced above (Agenda Item #16E10) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures FILE NO.: '? r ^ r .:. \ q:::r"J:' (Ie THr:. 16 E 10. ern 'iiI1;,;-\TTCIJ,l.il~!E RECEI~ED ~ r ~ tt~~\i~ ~ ~~pA 15 ~ l. ); 1>)6'1 V ~ b t;fij /o~ ;;? )< /\/1; S&J S) ITEM NO.: 0C1-?aL" D\dLl(P ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 25, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #09-5227 "Services for Seniors" Contractor: Bidwell Home Care Services, LLC d/b/a Home Instead Senior Care BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agen Item 16.E.10 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services "'1'1>'"" _'_~W""'1'1l nw 16E10 RLS # tJCj -jJ~c- ~(:)- y& CHECKLIST FOR REVIEWING CONTRACTS Entity Name: l./l>Vtt.L- ~y c:1M<C. Scf1..vlC<C.. LU! oLllJ it?\.. ~"- ''''57 EA-'P SEIU( (7fL ~€.. Entity name correct on contract? Yes Entity registered with FL Sec. of State? ~ Yes Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ I M.I L.- Products/Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ \ Wl..l L- Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ I Y\A.1 L Aggregate Provided $ I MIl- Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Provided $ -Z ~l L- Provided $ l , Provided $ f MIl- Provided $ I I Provided $ ?,()o) (JfJO Provided $ t ~ l L. Provided $ .s-6'tt:'. ()e?D Provided $ t ~ Provided $ I . Exp Date Exp Date ~Yes Provided $ I ~ I (.... Provided $ 2- M' L Required $ Provided $ County required to be named as additional insured? County named as additional insured? -L Yes ~Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? ~Yes Yes Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? -L Yes ~Yes ~Yes ~Yes ..\~ \ ~Yes ~Yes ~Yes Attachments Are all required attachments included? LYes No No ~Yes ~Yes ~Yes -.1L... Yes No No No No Exp. Date till} I ;}.()t l) Exp. Date ( II Exp. Date l I Exp. Date II Exp. Date I' Exp Date \/,4. IU(f) ( I Exp Date I" \l J-z~ It? Exp Date I d Exp Date ' , \} I '"i {2_(1( () f " No Exp. Date 'flY (UfO Exp. Date I ' Exp Date_ No No No ~No Yes No Yes Yes No No No No No No No No No No <:::.. ReViewer InitIals: ~ Date: t, /3p / b9 04-COA-O i o3oli22 16EIO MEMORANDUM FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department j). Vr' / " "f-'~ J ~l'" J? TO: Ray Carter Risk Management Department DATE: June 25, 2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Bidwell Home Care Services, LLC d/b/a Home Instead Senior Care This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW RECE\VED JUN1 5 1009 . t l\\ f\CEMEN Zi1:~ &/7Yj/O~ C: Terri Daniels, Housing & Human Services 16EIO mausen_9 From: Sent: To: Cc: Subject: RaymondCarter Monday, June 29, 2009 10:32 AM LynWood; DeLeonDiana DanielsTerri; mausen_9 Contract 09-5227 "Services for Seniors" All, I have approved the certificate(s) of insurance as provided by Bidwell Home Care Services, LLC d/b/a Home Instead Senior Care. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ~ Ca.1d.eh. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next Q...I'I List RetYf!lTQ List No Events No Name History /Entity Name Search Submit I Detail by Entity Name Florida Limited Liability Company BIDWELL HOME CARE SERVICE LLC Filing Information Document Number L07000059780 FEI/EIN Number 260188884 Date Filed 06/06/2007 State FL Status ACTIVE Effective Date 06/06/2007 Principal Address 10621 AIRPORT PULLING RD. #8 NAPLES FL 34109 Changed 06/12/2007 Mailing Address 10621 AIRPORT PULLING RD. #8 NAPLES FL 34109 Changed 06/12/2007 Registered Agent Name & Address BIDWELL, WILLIAM J JR. 1912 EMPRESS COURT NAPLES FL 34110 US Manager/Member Detail Name & Address Title MS. BIDWELL, SUSAN C 1912 EMPRESS COURT NAPLES FL 34110 Title MR. BIDWELL, WILLIAM J JR. 1912 EMPRESS COURT NAPLES FL 34110 Annual Reports Report Year Filed Date 2008 07/11/2008 http://www. sunbiz.org/scri pts/cOl-det.exe?action=D ETFI L&inCL doc ~number= L0700005 97... 6/22/2009 W\\-w.sunbiz.org - Department of State Page 2 of2 16EIO 2009 04/15/2009 Document Images Q...4L15/2QQ9 ~-=-At\l N 1.!6LBEPQ RT 07/1J/20Q!3-=ANNUAL REPORT 06/06/2007 ::-:...Florillit1imire<LLiaQility View image in PDF format View image in PDF format View image in PDF format I J J Note: This is not official record. See documents if question or conflict. erevious on List Next onJ.-1st Re.turn_Ic:LL1~j IEntity Name Search Submit I No Events No Name History I Home I Contact us I Documeclt Searches I E.Filing Services I Forms I Help I COiJvnqht and Privacy Policies Copyright 2007 State of Flo"ida, Department of State. http://www. sunbiz.org/scriptslcordet.cxe?action= D ETFI L&inCL doc _ number= L070000597... 6/22/2009 JUN/26/2009/FRI 02:04 PM BIDWELL FAX No, 2375969532 Ip~o~ 10 Fa n~MI ~rTr~.'Io~. w, "mn" Knll<lflIl. .If.. CfrlliraKrIl G~r~ ~~,..dcf(r, ~C\I ChiliF>>1.,,, lulJll D. r.I~l1Sjehnou Ni!5'N~()n Tl,ulllltll $, PCl<:of'( Charl.~ It WillI;?, .Ad~"i~;~((n:1/ ffi S'H'mfl' tltKIf (iJ'f P.O. Box '88' Ulk~14I\d. rt JJiro2-ij98a. "'II"r~wllmil),qldilllP.rom TclcplKmc(863) 665.60(;0 or 1"800-:u.'Z-.64S 'PlIX 100:;)066-19:13 lII. U llIIliIII.J III IJIUI Ill. nil CERTIFICATe Of' INSURANce RE: 0520-32582 ISSUED TO: Collier County Housing and Human Services Building H Ni!lpll!S, f'L 34112 Attn:3301 Tamlaml Trail East Producer: Janis Linda Russell Company: Russell InsurOlnt;:e Agency, Int;:. AddresS: 1750 Carlis!e Farms Drille traverse City, MI49686-0000 Phone: (231) 932-7603 This Is to certify that Bidwell Service Care, I LC Home rnstead Senior Care 16520 S Tamlaml Trail Suite 203 Ft. Mvers F, being subject to the provisions of the Florida Workers' Compensation law, has secured the payment of any workers' compensatIon benefits dye by insuring their risk with the Florida Retail Federation Self Insurer.;; Fund. POUCY NUMBER: 0520-32582 we Statutory Llmlt5--State of Florida Employers Uability EFFECTIVE DA~: January 14, 2009 500,000 (Each Accident) 500,000 (Dlsease--Each Employee) 500,000 (Dlsease-.Pollcy l.lmit) EXPIRATION DATE: Januarv 14. 2010 This certificate Is not a polley and of Itself does not afford any Insurance. Nothing contained in this certificate shall be construed as amending, extending, or altering coverage not afforded by the poliCY shown above or affording Insurance to any insured not named above. ihe polley of Insurance listed above has been Issued to the named Insured for the polley period Indicated. Notwithstanding any requirement, term or condition of any contract or other document to which thl5 certificate may pertain. the In5urance made available by the described policy in this certificate is subject to only the terms, exclusions and conditions of such policy. Paid claims may have reduced the shown limits. If the polley described above Is cancelled before the expiration date Indicated, the Issuing company will endeavor to mall 30 days' written notice to the certificate holder named above, although if cancellation is for nonpayment of premiym, then the issuing company will endeavor to mi!lll .3J:l days' written notlc1!! to the cl!!rtlflcatl!! holdl!!r. In any I!!Vl!!l1t, thl!! IlI;lI;ulng company, Its agents, and representatives accept no obligation or liability of any kInd for failure to mall such notice. Date: June 26, 2009 ~}J~ Summit, Administrator Florldn Retal1 f~det'ntioo Self 111$LJrel'S Fund 16EIO A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Bidwell Home Care Services, 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 8, 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": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2012. 2. ST A TEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereot which are applicable during the performance of the Work. Page I of7 16EIO 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 Services, LLC, dba Home Instead Senior Care 10621 Airport Pulling Road, Suite 8 Naples, FL 34109 Attention: Susan Bidwell Telephone: 239-596-2030 Facsimile: 239-596-9532 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16E10 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. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of? 16EI0 Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16EIO responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16EIO IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: D~ By: .; .. .':: ~ Date& .., , '.: . 1PE~;) -;, Attest "'1. to o...~,., 11.....+"'-".... .' '. ......1. -0 ~. . \-J/ · . ;....b;b ,..: BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA ~d~ By: Donna Fiala, Chairman Bidwell Home Care Services, LLC d/b/a Home Instead Senior Care Vendor ,/~. ~~- First itness By: " ~.~A Signature U t t>,"'-.<":" b.~~c.", t~ej print witness nam~t /~r/4; ~ 6' Second Witness '13relld~?eC{ Ve (~ tTypejprint witness namet ~ t>lJWe.\ J Typed signature and title Approved as to form and legal sufficiency: ?;# R Lt l\ssi..,bul+ County Attorney t:)~.. 'hI .5e-oit R. ILA~ Print Name Page 6 of7 16f10 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEE/UNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 16EIO ACORDTM CERTIFICATE OF LIABILITY INSURANCE PRODUCffi THIS CERTIACA TE IS ISSUED AS A MA TIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIACA TE HOLDER. THIS CERTIACA TE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BB..OW. Lockton Risk Services P.O. Box 410679 Kansas City, MO 64141-0679 INSURERS AFFORDING COVERAGE NAIC# Service Care LLC dba Horne Senior Care; Bidwell Horne Care Trail, #203 INSURER A: First Specialty Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: Ft ers, FL 33908 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~,w ~f~ TYPE ~~ ,..~, ,~. .~~ POUCY NUMBER POllCY e:FB:TIVE POUCY EXPlRA TION UMITS ./ A ~ERAL UABlUTY '-CP1l4005638903 01/14/2009 01/14/2010 EACH OCCURRENCE $ 1 n n n n n n' OMMERCIAL GENERAL LIABILITY DAMA~~_ T~i RENTED $ ~nn nnn L PREMISES Ea occurence) - CLAIMS MADE D OCCUR MED EXP (Anyone person) $ 1 n nnn X PERSONAL & ADV INJURY $ 1 nnn nnn - /' - GENERAL AGGREGATE $ ? nnn nnn ~'L AGGRnE LIMIT AFlS PER: PRODUCTS. COMP/OP AGG $? nnn nnn POLICY ~~RT LOC A ~OMOBILE UABlUTY IFCP114005638903 01/14/2009 01/14/2010 COMBINED SINGLE LIMIT / (Ea accident) $ 1,000,000 - ANY AUTO - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS II-. HIRED AUTOS BODIL Y INJURY (Per accident) $ II-. NON.OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) ~RAGE UABlUTY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSIUMBRaLA UABlUTY E'UM1l4009342000 01/14/2009 e1/14/2010 EACH OCCURRENCE $ 1 ()()().OOO ~ OCCUR D CLAIMS MADE AGGREGATE $ 1 ()()() 000 $ R DEDUCTIBLE $ " RETENTION $1 n nnn $ WORKERS COMPENSATION AND I T"X~JT~~;" I IOJ~' EMPLOY8'lS' UABlUTY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYE $ ~~l~i:~s~~~~I'ffi~~s below E.L. DISEASE. POLICY LIMIT $ A OTHER "'CP1l4005638903 01/14/2009 101/14/2010 "'ach Professional Professional Incident $1,000,000 Liabili ty Pro Liab Aggregate $2,000,000 DescRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADOs) BY 8llDORSBolEM" I SPB:IAL PROVISIONS Certificate Bolider is listed as Additional Insured as respects to Work Performed by Named Insured. Reference #09-5227; Title: Collier County Services for Seniors Coverage for incidents arising out of Non-Medical Professional Services for Bodily Injury, Property Damage and Personal & Advertising Injury. CERTIACA TE HOLDER CANCB..l.A TION SHOULD Arff OF THE ABOVE DESCRlBBJ POUCIES BE CANC8.l..8:> BETORE THE EXPlRA TION Collier County DATE THERroF. THE ISSUING INSURER WILL 8IIDEAVOR TO MAIL.J..O.--- DAYS WRlTT811 Board of County Commissioners NOTICE TO THE CERTIRCA TE HOLDER NAM 8J TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 E. Tamiami Trail IMPOSE NO OBUGATION OR UABlUTY OF Arff KIND UPON THE INSURER, ITS AGBIITS OR R8'RE5EM"A TIVES. Naples, FL 34112 AUTHORIZED R8'RESEM"ATIVE I o -~ J?II- ACORD 25 (2001/08) 08#7380299 CACORD CORPORATION 1988 719432 16E10 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16E10 MEMORANDUM DATE: July 1, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: United Senior Services, LLC Enclosed, please find one (1) original, referenced above (Agenda Item #16EI0) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures ITEM NO.: CA,. ?Q.c- D(2-\JO FILE NO.: '\\\\c{~6E 10 O~F;ge. TJF:l~!ECEIVED: l/~'r\i lilT I' "/ tn','),',\ '~\i .11.).' , I ('I ,t j,"/"I.-y ,- , '''; '~ ,.,. ;. ROUTED TO: c i .: I 3 From: 4 ,vr;vt~ 'V' ~-t REQUEST FOR LEGAL SERVICES ~ Clo !,L t) !tt 1; vv1 June 25.2009 'Jr. V ~ ~j OP Office of the County Attorney / \-C Jeff Klatzkow fb S 6) 'Jp)p4 DO NOT WRITE ABOVE THIS LINE Date: To: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #09-5227 "Services for Seniors" Contractor: United Senior Services, LLC d/b/a Visiting Angels of Naples BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agend Item 16.E.10 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services 16E10 MEMORANDUM DATE: June 25, 2009 '"\/ r)~ /j)~< )v~~ TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: United Senior Services, LLC d/b/a Visiting Angels of Naples This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. C: Terri Daniels, Housing & Human Services ~~ .//, 00 l~ V/fI . D,/.> /<S..::- ? .1"".. '.- ~, ,../ .., ~ 011'11.'. . <i~t?9 4/:" LJ P;'~h n~.~'.. tJ4s-~~ dod/LMW mausen_9 From: Sent: To: Cc: Subject: Raym ond Carter Friday, June 26, 20097:22 AM DeLeon Diana LynWood; DanielsTerri; mausen_9 Contract 09-5227 "Services for Seniors" All, I have approved the following contracts this morning: 1. Unit~d S~nior S~rvic~5r LLC d/b/a Visitini Anlzels of NaDles 2. Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products 3. Care Club of Collier County, Inc. The Contracts will now be forwarded to the County Attorney's Office for their review. ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 16EIO www.sunbiz.org - Department of State Page 1 of2 16EIO Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List RE:llY[I1_T(LL..ist /Entity Name Search Submit I f:vents N~Jl1e1-li~tQJy Detail by Entity Name Florida Limited Liability Company UNITED SENIOR SERVICES, LLC Filing Information Document Number L04000046452 FEIIEIN Number 205579983 Date Filed 06/21/2004 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 07/19/2005 Event Effective Date NONE Principal Address 2800 DAVIS BLVD. SUITE 207 NAPLES FL 34104 Changed 02/13/2009 Mailing Address 2800 DAVIS BLVD. SU ITE 207 NAPLES FL 34104 Changed 02/13/2009 Registered Agent Name & Address WILLKOMM, CONRAD 1100 FIFTH AVENUE SOUTH SUITE 409 NAPLES FL 34102 US Name Changed: 02/13/2009 Address Changed: 02/13/2009 Manager/Member Detail Name & Address Title MGRM MUELLER, ANDREAS J 665 FOUNTAINHEAD WAY NAPLES FL 34103 Annual Reports http://www. sun biz. org/ scripts/ cordet. exe ?action = 0 ETFI L&inq_ doc _ num ber= L040000464... 6/25/2009 www.sunbiz.org - Department of State Page 2 of2 16E10 Report Year Filed Date 2007 01/08/2007 2008 01/04/2008 2009 02/13/2009 Document Images 02/1:3/2009::-...AN N LJAI,RE:PQRT OJ!04/2008:::ANNLJALREEQRT 01/08/2007 :::ANNUAL REPORT OJ/06/2006 -=-ANNUAL REPORT 07t19/20Qf> =-NCl rn~LCbClDil~ 0.J1L9/20QQ_ -- ANNUALREPQRI View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 06/21/2004 :.::FloriganLimlte.ctl,i,:1Qilites I Note: This is not official record. See documents if question or conflict.-I previolHL9lLList ~~xt.91l1..i!;lt Beb,lmTo Lj~ Events NC!me History IEntity Name Search Submit .., I Home I Contact us I Document Searches I E-Fliing Services I Forms I Help I Copyright and Pr-ivacv Policies Copyright @ 2007 State of Florida, Department of State. http://w\\-w.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inCL doc _ number=L040000464... 6/25/2009 RLS# ()t?-fJeL- Ot~~6 E 10 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: IJllJlrt.D SfIV1P/2 SfRlllCfS. J L..l-~ d/h/a Ji!:.trtNJb<- jk6"c:.~ 0;:- ).JNc..E.S Entity name correct on contract? Entity registered with FL Sec. of State? ~es ~Yes Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ \ VY..l L- Products/Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ \ \\A l L- Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:f'"r"'~L.M~. ~es vYes ~Yes ~Yes Provided $ Z M.\ L- Provided $ l \ Provided $ i ~ 1\ Provided $ i l Provided $ 30()} (1) P Provided $ (M.\ L Provided $ tOO. (){)() Provided $ SOO. {)Cf? Provided $ IDl'Dco I Exp Date Exp Date Yes Provided $ Provided $ Provided $ i 0 J 00 l' Required $ County required to be named as additional insured? County named as additional insured? -1LYes V""'Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? --LYes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? v\~ .../Yes Yes -l.L- Yes ~Yes ----L.Yes VYes vYes Attachments Are all required attachments included? ~es No No No No No No Exp. Date ~ Exp. Date \ \ Exp. Date I \ Exp. Date I I Exp. Date I I Exp Date ~ Exp Date ~( I 11t:'1 t Exp Date. , Exp Date ( , No Exp. Date Exp. Date Exp Date ~l /) No _No No ~No Yes No Yes Yes No No No ~No _No _No . -( fl.-A" 1 . (.,-'~/-i r0~~~l .... ci.J ~ (J' . .l't-' 1>\....' G('\~~' .....~ e-jv ~ a.n.t^- No No No ReVie~e~ Initial~ , Date: b j.;).q / tJ<? 04-COA-of030d2 16EIO A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between United Senior Services, LLC d/b/ a Visiting Angels of Naples, authorized to do business in the State of Florida, whose business address is 2800 Davis Boulevard, Suite 207, Naples, Florida 34104, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30,2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act" . 4. SALES T AX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page I of7 116 E 1 0 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: United Senior Services, LLC d/b/ a Visiting Angels of Naples 2800 Davis Blvd., Suite 207 Naples, FL 34104 Attention: Andreas J. Mueller Telephone: 239-530-1101 Facsimile: 239-530-1102 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16EIO 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. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 16EI0 Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 40f7 1.6( 10 responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16[10 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: '," By:..:."..... . DateeI:. . , .~. {SEAL?' -, . Atttst .,. to,,'~""" . 119ft.tare Oft." BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ ~~, Do a Fiala, Chairman United Senior Services, LLC d/b/a Visiting Angels of Naples L ~. . - )~) ~(/Z.. ,r=C ~. Fitst Witness By: cZ2. /endor / .'- Signature 7" 'b- .LJ c. Q t.., r- (fL ( P" q ejprint witness namet /) Second Witness ft-:;. 'n4':;i.--u;/L Typed signature and title ;;;,J("I!.C .... -1- "vL- 8 .. r.( c 'f oJ"...... ~ ((0/1'7 d A f?fJ q VI" d- tType/ print witness name t Approved as to form and legal sufficiency: ~l!t;{ LL ~is~ County Attorney pI-(..- y t\ 4 if- 12 k.a.d... ~ Print Name Page 6 00 16EI0 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEE/UNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 70f7 .4CQRDTM CERTIFICAl OF LIABILITY INSURA.,CE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERfIFICA TE HOLDER THIS CERTIACATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRCOOCER Lockton Risk Services P O. Box 410679 .sas City, MO 64141-0679 INSURERS AFFORDING COVERAGE NAIC# INSURED Uni ted Senior Services, LLC. dba Visiting Angels of Naples 2800 Davis Blvd, Suite 207 INSURER A: First Specialty Insurance Company INSURER B: ITT Hartford INSURER C: INSURER D: INSURER E: Na es, FL 34104 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I,N;: ~9:~ "l""VPF'm: POLICY NUMBER ~}{.CY EFFECTNE POLICY EXPI~mN L1M ITS A ~ERAL LIABILITY FCP1l4007454502 01/01/2009 01/01/2010 EACH OCCURRENCE $ , ()()() ()nn DAMAGE, I ~: RENTED $ ":l,()() ()()() COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence\ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ , () ()()() X PERSONAL & ADV INJURY $, ()()() ()()() - - GENERAL AGGREGATE $ ? nnn ()()() ~'l AGGRnE LIMIT AFlS PER: PRODUCTS - COMP/OP AGG $? ()()() ()()() Iv POLICY ~~9.;. lOC A ~TOMOBllE LIABILITY FCP1l4007454502 01/01/2009 01/01/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 I-- ANY AUTO I----- ALL OWNED AUTOS BODilY INJURY (Per person) $ I----- SCHEDULED AUTOS fK-- HIRED AUTOS BODilY INJURY (Per accident) $ ~ NON-OWNED AUTOS ( I-- PROPERTY DAMAGE $ (Per accident) 1==rGE LIABiliTY AUTO ONl Y - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRBlA LIABiliTY EACH OCCURRENCE $ ~::loCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T"X~JIjj]Ns I IOlbl- e..IPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYE $ ~~:~i1~s~~g~~%~s below E.L. DISEASE - POLICY LIMIT $ OTHER 37BDDDB9559-04 01/01/2009 01/01/2010 Limit $10,000 B Employee Dishonesty Deductible $500 DESCRI?TION OF OPERATIONS IlOCA TIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSE3111 ENT I SPECIAL PROVISIONS Coverage for incidents arising out of Non-Medical Professional Services for Bodily Injury, Property Damage and Personal & Advertising Injury. Certificate Holder is listed as Additional Insured as respects to Work Performed by Named Insured. ITQ 09-05227 Title: Collier County Services for Seniors ***10 Day Notice of Cancellation for Non-Pay*** CERfIACA TE HOLDER CANCELLATION Collier County ~rd of County Commissioners _JOl E Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POliCIES BE CANCB.lED Be=ORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBliGATION OR LIABILITY 0 A K N INSURER, ITS AGENTS OR REPRESENTA TNES. AUTHORIZED @ACORD CORPORATION 1988 ACORD25 (2001/08) DS#7377404 827847 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25 (2001/08) ACORQM CERTIFICATF ~F LIABILITY INSURAN( DATE (MMlDDlYYYY) 6/212009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ASVA 'RODUCER \utomat:c Data Processing Insurance Agency, Inc ADP Boulevard loseland, NJ 07068 NSURED United Senior Services, LLC Suite 201 Naples, FL 34102 INSURERS AFFORDING COVERAGE INSURER A: Aequicap - Aequicap INSURER B: INSURER C: INSURER D: INSURER E: NAIC# EOUIC :OVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR ~~~~ POLICY NUMBER PRHSY EFFECTIVE POLICY EXPIRATION LIMITS .TR GENERAL LIABILITY EACH OCCURRENCE $ - COMMERCiAl GENERAL LIABILITY PREMISES lEa occurencel $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ I POLICY n ~~R;: n LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ M-JY AUTO (Ea accident) - AlL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accidenl) - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WCSTATU-: I 10TH. TORY LIMITS ER \ EMPLOYERS' LIABILITY WC07074646 1/1/2009 11112010 100,00C ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ 100,OOC If yes, describe under SOO,OOC SPECIAL PROVISIONS below E L. DISEASE - POLICY LIMIT $ OTHER ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS :ERTIFICATE HOLDER CANCELLATION Collier County Services for Seniors Bid#ITO#09-5227 Collier Couty Florida Board of County Commisioners Naples, FL - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~' @ACORDCORPORATION 1988 ,CORD 2S (2001108) UNITSEN-01 ASVA 16'EI0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ICORD 25 (2001/08) MEMORANDUM DATE: July 1,2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: Accu-Care Nursing Services, Inc. Enclosed, please find one (1) original, referenced above (Agenda Item #16E10) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures .... lIII.._.....~_..1lL n "'Of. ... 16E10 OC1 .. \'nr ,.. D\?-~ '1 ITEM NO.: -, \~'- "\ \\\O~ I,) Q~TEif: ~~~Ell~ E 1 0 r\l~.'li :\ 11'/ \.1 .'.' '" : FILE NO.: ROUTED TO: ",l'\ ....--- " " "" 13 t'r'. . Date: ~ vi> REQUEST FOR LEGAL SERVICES~, / 1 rv 07 LA f) $/- 11:- .~A June 25,2009 '..J- & IV- f Office of the County Attorney (j) _ L, ~ 1I;o..a-o Jeff Klatzkow V (,../' ~, f)/tIv Lyn M. Wood, C.P.M., Contract Specialist ~ / ' , In 1 Purchasing Department, Extension 2667 ~ (..... l-- .j 'I' 7' b)t,()}o1 DO NOT WRITE ABOVE THIS LINE To: From: Re: Contract: #09-5227 "Services for Seniors" Contractor: Accu-Care Nursing Service, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agenda ,/ Item 16.E.10 @J This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services RLS# tJ7-fJR.t'- ol,~3916E 1 r CHECKLIST FOR REVIEWING CONTRACTS Entity Name: 4('1'4.'- (?Akl.~ )..)111<..5;1/1)(,;'" Sc.:..€.VIC'L) 11t)(!.., Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ , ~ I I Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ I Vv.. \ L Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Entity name correct on contract? Entity registered with FL Sec. of State? Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? -LYes ~Yes Yes -.U.Yes Provided $ 3 "^ I L Provided $ I , Provided $ MIL Provided $ l ' Provided $ I j Provided $ ~.~'i5 Provided $ Provided $ Provided $ IMIL \ I I I Exp Date Exp Date Yes Provided $ Provided $ Provided $ V'" Yes ~Yes V Yes Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? tJ\\\ I -L Yes V Yes ~Yes .VYes ~Yes ~Yes ~Yes 1Yes vYes v-:: Yes No No No No \./No No Exp. Date (P/OZt}lt> Exp. Date , , Exp. Date I ; Exp. Date 1 , Exp. Date ( r Exp Date (;/Zr/I() I Exp Date 1.\/, !201P Exp Date f I I Exp Date l ' No Exp. Date Exp. Date Exp Date_ No No No ~No Yes No Yes Yes No No No No No No No No No No \. .L Reviewer Inilials: Y/,lRt. Date: Ittvl~ ~ he; 04-COA-ofo30f 22 16EIO MEMORANDUM FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department ft. ~ , t~ J c~~t TO: Ray Carter Risk Management Department DATE: June 25,2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Accu-Care Nursing Service, Inc. This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW t?~Ct: ./Vl:'- J/),A./ ". c:: {) ''1 (. !j 'lIS/( . "2009 111;q1\~ ., ,CI:/vt. ~ :tNI' r~~ €ibl.,~. ,...,,7 ~~~- ~~7 C: Terri Daniels, Housing & Human Services 16E10 mausen_9 From: Sent: To: Cc: Subject: RaymondCarter Friday, June 26, 20098:17 AM DeLeonDiana; LynWood DanielsTerri; mausen_9 Contract 09-5227 "Services for Seniors" All, I have approved the Certificate(s) of Insurance provided by Accu-Care Nursing Service, Inc with respect to the above referenced contract. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 Www.sunbiz.org - Department of State 1 PbeE 012 0 .' ""'~l'IP'W . FLOR1DA DEPARTMENT OF STATE ~ :;.... ~ ~ t;i ~ ~41111111 DJ\lSION OF CORPOR.U 10\\ .--'?!>'::' _ ':"~;:t'-:... Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next 9n List 8.~lYJllTo L.,ist No Events No Name History IEntity Name Search Submit I Detail by Entity Name Florida Profit Corporation ACCU-CARE NURSING SERVICE, INC. Filing Information Document Number P95000045987 FEI/EIN Number 650583500 Date Filed 06/13/1995 State FL Status ACTIVE Effective Date 06/10/1995 Principal Address 2375 N TAMIAMI TRAIL SUITE 300 NAPLES FL 34103 US Changed 04/03/2007 Mailing Address 2375 N TAMIAMI TRAIL SUITE 300 NAPLES FL 34103 US Changed 04/03/2007 Registered Agent Name & Address c T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Name Changed: 05/13/1996 Address Changed: 05/13/1996 Officer/Director Detail Name & Address Title DP HUGHES, KATHLEEN K DCEOP 1210 STONE COURT MARCO ISLAND FL 34145 Annual Reports Report Year Filed Date 2008 02/29/2008 http://www .sunbiz.org/scripts/cordet.exe?action= D ETFlL&in~ doc _l1umbero= P95 0000459... 6/25/2009 "www.sunbiz.org - Department of State i~e rfi 0 2008 05/30/2008 2009 03/01/2009 Document Images 03/01120Q9=-.ANNl.Jf\.LREPQRT QQ!3Q!~QQa=-ANNl.JALREPQRT Q2!29/200a==8NNl.JALREPQRI Q.:4LQ3/2Q07 -- ANNUAL REeDEI 04/Ha.QJ2~~- ANNUAl.REPORT 02/21/2005-- ANNUAL REeQBL 01/26/2004 - ANNUAL REPORT_ 01/21/20~==AtI.!Nl.)A...L_REF)OBT_ 03/28/2002 =-.ANNUAL REPORT 01130/2001 -- ANNUAL REPORT 01/19/2000 =-ANNUAL REPORT 01/28/1999 =-=_ANNl.JAL REPORT 01/2,21199a==ANNl.JAL REPORT 01/29/1997 -- ANNUAL REeOBT 04/19/1996 =ANNUAL REPORT 06/13/1995 =-.DOCUMENTS PRIOR TO 1997 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. prey~us on~l~! ~xtC)JLl,..l~t R.e.tUIT1TQl,..jst No Events No Name History IEntity Name Search Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Pnvacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_ doc _ number=P950000459... 6/25/2009 16E10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between 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": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July I, 2009 and shall terminate on June 30, 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page I on 16EIO 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 North, Suite 300 Naples, FL 34103 Attention: Kathleen K. Hughes Telephone: 239-263-3011 Facsimile: 239-263-1552 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.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 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16E10 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. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 on 16E10 Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part IIt Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16E10 responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16EIO IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: D~ By. ..., ., '.' Dated': l", (SEA~f.. ._~ ~" to Cb, t"..,. , s 1 gnature Oft I, ,.. ,,' 'J ./ ,I.. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~,d~ Dorm, Ia a, airman Accu-Care Nursing Service, Inc. ~_ c. .' J i" Vendor B~'~'~ Signature +(d--'~O:I~,- First Wib1ess ,a.....Le." tTypej print witness name e~ 7~ Secon WItness fP-'!.tl y /./? <.! ff tTypejprint witness namet Approved as to form and legal sufficiency: c ruff- f2 Lc j\~~ County Attorney S ~#- R fLa~L. Print Name Page 6 of7 .~"'''.J><i.Iol 16EIO APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEEIUNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 16E10 ACDRQ CERTIFICATE OF LIABILITY INSURANCE I CERllFlCATE NO. J DATE AC09-15400 103-8064 4 5 6/22/2009 1:17:54PM PROOUCER THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION Biqhpoint JU..k Service. LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 14160 Dalla. Parkway '500 ~P}~:~JHIS CERTIFICATE DOES NC;>~1:MEND. EXTEN~ ~~ Dalla., TX 75254 (8001 632-5096 (972) 715-0959 "ax: (972) 404-4450 INSURERS AFFORDING COVERAGE INSURED: Equity Group Leasing I, Inc l/c/f: INSURER A: .~- .-" ,....~...,~ ("' ACCU-CARE FT. MYERS INSURER S: 3594 BROADWAY STE B INSURER C: FT. MYERS, FL 33901 INSURER D: (239) 931-9788 Fax: (239) 931-9791 INSURER E: THE POLICIES OF INSURANCE Ll8TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD t1D1CATED. NOTWfTHSTANDlNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUIENT WITH RESPECT TO WHICH T" CERTIFICATE MAY BE ISSUED OR MAY PERT AtI, THE INSUIlAHCE AFFORDED BY THE POLICIES DESCRIBED HERUlIS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COHOITION8 OF SUCH POLICIES. AGGREGATE LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CI.AIIotS. ~ ~ TYPE OF INSURANCE POLICY NUMBER poUl Y EF....CTIYE ~ 1.lIoWT8 ~NERAL LIABILITY EACH OCCURRENCE . ~ ~RCIAL GENERAL LIABIliTY FIRE DAMAGE (Any One FIre) . ~ ---l CLAIMS MADE D OCCUR MED EXP (Any ON person) . PERSONAl & ADY INJURY . GENERAL AGGREGATE . PRODUCTS. CONIPIOP AGG . ~N'l AGGREGAnTE LIMIT A~S PER: I I POLICY ~~ I I LOC AUTOMOBLE LIABILITY I-- ANY AUTO I-- I- - - - - ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NQN.OWNED AUTOS RETENTION . WORKERS COMPENSATION AND EMPLOYERS' UAIILITY WC77779990901 COMBINED SINGLE LIMIT . (Ea_l BOOlLY NJURY . (Par personl BOOIl Y INURY . (Par accldanI) PROPERTY DAMAGE . (Per accident) AUTO ONLY. EA ACCIDENT . OTHER THAN EAACC . AUTO ONLY: AGO . EACH OCCURRENCE . AGGREGATE . . . . 04/01/2009 04/01/2010 X . I JqI.tl- E.L. EACHACClDENT . 1000000 E.L. DISEASE - EA EMPLOYEE . 1000000 E.L. DISEASE - POLICY LIMIT . 1000000 ~AGE LIABILITY I ANY AUTO EXCESS UABlLlTY = OCCUR o CLAIMS MADE - - DEDUCTIllE A RHER LIMITS LIMITS . . 1. This certificate remains in effect, provided the client's account is in good standing with Equity Group Leasing I. Inc. Coverage is not provided for any employee for which the client is not report~ng wages to Equity Group Leasing I, Inc. A~plies to 100% of the employees of Equity Group Leasing I, Inc leased to ACCU-CARE FT. MYERS, effect~ve 04/01/2009. CERTIFICATE HOLDER I I ADDmOHAL INSUIlED; IN8URI!R LETTER: COLLIER COUNTY BOARD OF COONTY COMMISIONERS 3301 E. TAMIAMI TRL. NAPLES, FL 34112 CANCELLATION r<ll' DATE THEREOF, TIE IS8U1HO INSURER -... ENDEAVOR TO MAlI. 30 DAYS WRITTEH NOTICE TO TIE CERTFlCATE HOLDER ~ TO TIE LEFT, BUT FaURE TO DO 80 SHALL IW'OlIE NO O8UOATION OR UABIUTY OF _ KIND l.-oN TIE I18URER, ITS AOENT8 OR REPRESENTATIVES. ~ TQ 01 -"5"~~ '1 ACORD 25-S (7/97) AUTHORIZED REPRESENTATIVE .-~- ~ ~ --- .. -- ... . C ACORD cORPORATION 1988 Sabal Insurance Group, Inc. 805 E Broward Boulevard, Ste 303 Fort Lauderdale, FL 33301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Y) ACORD", CERTIFICATE OF LIABILITY INSURANCE PRODUCER Accu-Care Nursing Service, Inc. INSURERS AFFORDING COVERAGE INSURER A American Al ternative Ins Corp INSURER B' INSURER C: INSURER D: INSURER E: NAIC# 1 72 2375 Tamiami Trail N, #300 Naples, FL 34103 COVERAGES THE POLICIES OF INSURANCE L1STEDBELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V\,HH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L b~i-'nM~fD'b~~E P8kM~~~6'b~R9N IT" INSRD TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1000000 I--- X COMMERCIAL GENERAL LIABILITY I ~~~'~~~s (E~~~u~~nce) $ 1 000 000 xl CLAIMS MADE CI OCCUR MED EXP (Any oneperson) $ I:;n 000 - A X Professional Liab VHHG3052541-01 06/21/09 06/21/10 PERSONAL & ADV INJURY $ 1 000 000 X Retro Date* *06/21/03 GENERAL AGGREGATE $ 3 000 000 -- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ .~ nnn .nnn -I r-I PRO. IILoc POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - S Included ANY AUTO (Ea aCCident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) A :x HIRED AUTOS VHHG3052541-01 06/21/09 06/21/10 BODILY INJURY $ .x NON.OWNED AUTOS (per accident) - PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY. EAACCIDENT S FIANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $ ~~ -- EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1---1 OCCUR CI CLAIMS MADE AGGREGATE $ 1---' 1---- $ FI DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND IT'ORYLIMITS I IUiH. ER EMPLOYERS' LIABILITY EL, EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E,L DISEASE. EAEMPLOYEE $ Iryes, describe under SPECIAL PROVISIONS below EL. DISEASE- POLICY LIMIT S OTHER -'_L DESCRIPTION OF OPERATIONS / LOCATIONS {VEHICLES {EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Collier County is named as additional insured in respect to General Liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Collier County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Board of County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Naples, Florida REPRESENTATIVES. ~ ~--- ~^i'8 .~ AUTHORIZED REPRESENTATIVE I oq-S:LJ- f ACORD25 (2001/08) @ACORD CORPORATION 1988 16EIO >: MEMORANDUM DA TE: July 7, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: Care Club of Collier County, Inc. Enclosed, please find one (1) original, referenced above (Agenda Item #16EI0) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures . J\6~~ . i,. t, .rt~f ' r;- , ~.. " 1 0 '.. ,1'_'I~ I. . it ,;\:iV,..IE QjA~_R CEI D. . '\/'" " '.-rl -'/ '.. '. ,- ""ll -". : .(\.\ t' '\ I . 'I ' , ~ 1\ ~ 'I I; f' " .; !' I I, \ ~ -, ;,.,.; I.A !. 'I', I 1 ' \! I '.J Ii.. C\ o ~ ;--\ / y./\ , - Ol?-L-\ \ ,i ITEM No,~1'RC" ,/) <F~- ROUTED TO: r\ , ,.11' ,/, \ 3 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 25, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #09-5227 "Services for Seniors" Contractor: Care Club of Collier County, Inc. BACKGROUND OF REQUEST: s-,zAdP"J-> ~ (l~; 0.* ?;// <YV (;) "" - " " ^J A \}L/ V(-/Y'_~ rJ: c.1 ~~t:/ () lfJ^ ~ " l' 0 -1(:/ 611 f-;Yv ~ t1~A r if)' (;r't!) b ~ y 1J\'. ~ i /q,V) b r ,"Vi "oot J Cfl16 ~l~ .cJD~ j This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services 16El0 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department }L'.: - j " j,.1 ~ DATE: June 25, 2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Care Club of Collier County, Inc. This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Terri Daniels, Housing & Human Services 16EIQ mausen_9 From: Sent: To: Cc: Subject: Raym ondCarter Friday, June 26, 2009 7:22 AM DeLeonDiana LynWood; DanielsTerri; mausen_9 Contract 09-5227 "Services for Seniors" All, I have approved the following contracts this morning: 1. United Senior Services, LLC d/b/a Visiting Angels of Naples 2. Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products 3._ Care Club of Collier Countv. Inc. The Contracts will now be forwarded to the County Attorney's Office for their review. ~ CaJr.i:.ch. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 Care Club of Collier County, Inc. Page 1 of 1 16EIO Cctre Club of C~ollicr C~ollnty, Inc. The Care Club of Collier County 1800 Santa Barbara Blvd. Naples, FL 34116 Phone: (239) 353-1994 Fax: (239) 455-8507 Email: careclub1@aol.com Home Tra nsportation Eligibility & Mission Transportation of participants to the Care Club can be provided by: Our Services . Family members or friends . Community-based services Schedule, Rates and Attendance We will assist you in accessing these services, if needed. Transportation Location 1800 Santa Barbara Blvd. Naples, FL 34116 Phone: (239) 353-1994 Fax: (239) 455-8507 http://www.colliercareclub.org/transportation.htm 6/25/2009 16E ,10 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. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: As directed by the Collier County Risk Manager, on May 4, 2005 this requirement has been waived C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability Insurance: The Consultant shall maintain Insurance to insure it's legal liability for claims arising out of the performance of professional services under this Agreement. Coverage shall have minimum limits of $1,000,000 Per Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 16EI0 AGREEMENT THIS AGREEMENT, made and entered into on this 14th day of June 2005, 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, FL 34116, hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on July 1, 2005, and terminating on June 30, 2007. 2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of BidfRFP #05-3823, "Collier County Services for Seniors" and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal, as set forth in Appendix I, Contract Rate Caps. Any county agency may purchase products and services under this contract, provided sofficient funds are included in their budget(s). 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Care Club of Collier County, Inc. 1800 Santa Barbara Boulevard Naples, FL 34116 Luanne Wahlstrom Executive Director Phone: 239/353-1994 Fax: 239/455-8507 16EIQ DeLeon Diana From: Sent: To: Subject: careclub1@aol.com Monday, June 22, 2009 8:39 AM DeLeon Diana signature authorization Diana, As per our telephone conversation this morning I am out of town until June 29th. I therefore authorize my assistant at the Care Club, Mindy Johnson, to sign the contract in my absence. The contract is for Collier County Services for Seniors services. Would you please acknowledge this email so I know that you received it? I have spoken with Mindy and she will call you for directions to your office. Thank you for your assistance in this matter. Luanne Wahlstrom Executive Director Care Club of Collier County, Inc. 1800 Santa Barbara Blvd. Naples, FL 34116 239-353-1994 239-455-8507 (fax) Save energy, paper and money -- get the Green Toolbar. 1 1. nl'~~- oE 0 "IIIl1/rury IJirrdl/u H.....,,, ,\1..11.,,,,' t'''U"ItIl( ,."'.',".,, July 15. 1997 IJllflnl ..r f)ir,.t"/l/r., , l"u,...J AI "n/... 1',..,..4,... ",.1\"14" To Whom It May Concern: Pleasc.be advised that the Board of Directors orCme Club ofCullicr Counly, IlIc. aulhorizes LuAnne Dupree Wahlstrom the Execulive Director, to apply for grants and to execute contracts with the ArCD. Agency On Aging, unils of Governmenl, and other agencies that provide funding for facilities. programs and services to Care Club of Collier Counly. (J.,d'l"' J 1',.lL"I' ""I' ,.,.......,.. 1.....4. ". M.. I )ul/.< \'"h"''''' J.,'u,u.fJ 'h'n/~........ ,.",111 I '"1''' II.... II t ~"I '[,'n y I. /; LL.. ~ Edward DenDooven, Treasurer 130arcJ of Directors O/"~1 July 2l., 19l}7 I h,Ul.. t C 11.../.."" II.... I,""", I. I r,u/.,. I....." I. 11../1"...... "".11 Aft..,," (: ~.J..,.. I\.r.,j.wry 1111111 J St.:te of Florida County of Collier II."'\lhl K (;1.,1..1111 l."/n/"/I'"" ,,,.,.1....,,," r. U,,:~I,. "",...'" 1t"'''UIIIIl,.",.,, I:$'n,'i,'c Din'r!lIr certify that the foregoing ted before me lhis , ~~.((,dC:lY_ ,1997, by dt'~tVtd.. fI - r(.....v , Personally kno\m who produced a Florida drivers etc. "'"1/,.,-.,,, '''.J,." \\',,1.'. ),11 J l..t.'\Ufh' t 'lfl"'-'" \\'..#)I\'httll PO I\uv c)lor.. N"nl..c FI..ri.b H(),JI.lHM. (l)41\ \"l.l$lM g ~.sunbiz.org - Department of State Page 1 of2 16EI0 ,^',' -~ . FLORIDA DEPARTMENT OF STATE ~ j.l"~'~~;' 4 D 11'I5 [():\ OF C ORPOR\ II 0\5 _ _ . :4f?j.i'!.. . ~- \~~:~7., ~\:;E4ttf" ~ Home Contact Us E-Filing Services Document Searches Forms Help Previous on Lllil Next on List RetyrnIQl...iSl No Events No Name History IEntity Name Search Submit ..1 Detail by Entity Name Florida Non Profit Corporation CARE CLUB OF COLLIER COUNTY, INC. Filing Information Document Number N42797 FEI/EIN Number 650253054 Date Filed 04/01/1991 State FL Status ACTIVE Principal Address 1800 SANTA BARABARA BLVD NAPLES FL 34116 US Changed 02/05/1997 Mailing Address 1800 SANTA BARBARA BLVD NAPLES FL 34116 US Changed 02/05/1997 Registered Agent Name & Address DUPREE-WAHLSTROM, LUANNE 1800 SANTA BARBARA BLVD NAPLES FL 34116 US Name Changed: 01/29/2000 Address Changed: 01/29/2000 Officer/Director Detail Name & Address Title TREA DENDOOVEN, EDWARD J 551 BINNACLE DRIVE NAPLES FL 33940 Title VP DAVID, ROSATO 103 GLEN EAGLE CIRCLE NAPLES FL 34104 US Title D SILVESTRI, ERROL 226 BELVILLE BLVD http://www.sunbiz.org/scripts/cordet.exe?action=DETFI L&imL doc _number=N42797 &in... 6/17/2009 ~.sunbiz.org - Department of State NAPLES FL 34104 Title D POLLARD, CHARLES 660 TAMIAMI TRL, SUITE 21 NAPLES FL 34102 Title SEC MARSHALL, SARAH 3054 DRIFTWOOD WAY #4504 NAPLES FL 34103 Title P LYKINS, LAURA 5770 WESTPORT LANE NAPLES FL 34116 Annual Reports Report Year Filed Date 2007 01/04/2007 2008 01/07/2008 2009 01/12/2009 Document Images 0...1112/2009 -- ANNUAL REP.0RI 01j07/2008 ::::_.8NNJ..J.6J,BE.P0RI oU04L2Q01:::8NI'JW8L Rl::pQRI QJ /09/2096 --...8NNLi6L-....E.EE..OFU OJ/06/2005. ::8NNU8LRl::pQRT 01113/2004::.AN NUAL REPORT 01/07/2003 :::....ANNUAL REPORT 01It5/2002.:=..6NNUAL REPORT 01/22/2001 -- ANNUAL REPORT 01/29/2000-::.ANNUAL REPORT 02/24/1999 :=_ANNUAL REPORT 03/19/1998 =::..ANNUAL REPORT 02/0...QLt997 -- ANNU6LR...EE'OEU 02/27/1999 -:ANNUAL REPORT 09/15/1995 ::ANNUAL REPORT 16rfo View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I Note: This is not official record. See documents if question or conflict. I prEl.\fiQ.lISQILl..ilSt No Events No Name History t'4Q>c1 on_l..~j RQturnToList IEntity Name Search Submit I I Horne I Contact us I Document Searclles I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordct.exe?action=D ETFIL&inCL_doc _ numbcr=N42797 &in... 6/17/2009 16E 10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between 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": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30,2012. 2. ST A TEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page I of? 'll'W 1l'''_1lII1a 16E1Q 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 Boulevard Naples, Florida 34116 Attention: Luanne WaWstrom, Executive Director Telephone: 239-353-1994 Facsimile: 239-455-8507 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.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 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of? 16EIQ 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. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 16EIO Vendor shall insure that all sub Vendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. Page 4 of7 16E 10 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.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16 E 10 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. ATIFST: Dwi t E. Brock, Oerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ dd D a Fiala, Chairman By: Dated: tJ, ,f!- '(SEA ) .... . te C!tI ".... , .t...... .'.J..,- \, Care Club of Collier County, Inc. Vendor .~~t~ First Witness ByafL~/Jk)~ Signature Pat Akers ~~~~. Second Witness Luanne Wahlstrom, Executive Director Typed signature and title Iris Sesma Approved as to form and legal sufficiency: C~~ Assistant County Attorney Colleen 6reeYL1L Print Name Page 6 of 7 16E 10 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEEIUNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Em Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 16E10 IJCORDm CERTIFICATE OF LIABILITY INSURANCE OP 10 s~ DATE (MMIDDiYYY'f) CAREC-1 OS/22/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlm Insurance and Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8950 Fontana Del Sol Way #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Naples FL 34109-4374 Phone: 239-649-1444 Fax:239-649-7933 INSURERS AFFORDING COVERAGE ~~I~.#, /C' ~-~_. -~----~.- --------------- ---~-~--~--~ ._- -_..-. -"- _. ---.----..--.--.----.- -...-.--. -----.-- INSURED -'-"'-SURER A: Scot tsda:t.':_:X::'~"-"~C:"._~~an.!:____________._ -i6~~~-7'-< INSURER B: Florida Retail Federation SIF Care Club of Collier INSURER C: courtt~, Inc. Boulevard ---~-~~~-_._._.__._---_.._- ---- 1800 anta Barbara INSURER D: Naples FL 34116 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 DOCUMENTWITH 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 CONmflONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1N5R lIDIY[ ------.--..--------------- -----.---~-. ----.----- l'ODtYE~TWl=_poUcy EXPfRA-fioN ----. '.- ~--- ~ - ,----.----.---...- -. ~-_.-._- , - ,.. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE(MMIODIY"iI~ DATE"/MMIOONYi' LIMITS GENERAL LIABILITY EACH OCCURRENCE SlI()C)(}..!OOO _n_ TJAMAGETO'RENTED" ....... A X X COMMERCIAL GENERAL LIABILITY CPS0938894 09/15/08 09/15/09 _j>.~E_~I~ES_lE" ~c~r~~",,! n slO.!l! (log -- -~ CLAIMS MADE Ii] OCCUR ,n -.- MED EXP (Anyone po",on) S Excluded __~_.__>__V_~.m_..._... ..__ .._u _. .______.__.~.. _no_........_... PERSONAL & ADV INJURY Sl,()()OJO()() --- ____~..__.________._u_.____~_.___ ----_.- ---- -.. GENERAL AGGREGATE ~} lQ()()!. () () 0 - ---------- ----.__._--------,- GEN"L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMProPAGG !.:t-'..9() _Cl ! ()C).O ,. -nl POLICY II ~~ [Ul LOC '_-B~;~n_-_n--- .-.. Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -- $ ANY AUTO (Ea accident) -- ----.-----.---.-----------.. --~---_.- __.u______.___. ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per porson) f-- -.- --~. - ------ --.---.-.-- --..-- .-.-.-- ---- ----- ---~-- ... -.. ...-.---.... HIRED AUTOS BODILY INJURY -- $ NON-OWNED AUTOS (Per accident) - --_._-~---- ..-'-.-- -------- -- -----------.---.-.---.-....- ~ -- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==i ANY AUTO .-.-----..-- .-----.-.-- - --..._---.~--._...~_... .~-- .- -'- .-.-..- OTHER THAN EAACC $ AUTO ONLY: ----...- ~"'-"- 1-' '" AGG $ EXCEss/UMBRELLA LIABILITY EACH OCCURRENCE $ -=] OCCUR [] CLAIMS MADE -'.. - . -.--.------- -~-_. -- ---_. .-..-.- ~.- ..-- AGGREGATE $ ---- ----_._---. --._-- ------- . --- $ -~_~~ DEDUCTIBLE -- S -.-.------.-.---.-- -----.------...-.. .-..-.----..--- ... ___ RETENTION $ $ WORKERS COMPENSATION AND _~b:Q.ffY~ll~I~J _.l~ER: EMPLOYERS' LIABILITY 52030001 02/02/09 02/02/10 _~.____... __n.. B ANY PROPRIETORIPARTNERIEXEClJTlVE E.L. EACH ACCIDENT -$-~()~,g(}() OFFICERlMEMBER EXCLUDED? . ---_.._.._~. ---------- ---'--'- E.LOISEASE - EA EMPLOYEE !n~.()()-'()()_ 0 Ilf ~es. describe under ._._._---_.~---_._._--------_..--" S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 i OTHER I I DESCRIPTION OF OPERA TIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDfD BY ENDORSEMENT I SPECIAL PROVISIONS 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,OOO Aggregate. CERTIFICATE HOLDER CANCELLATION COLLC02 SHOULD ANY OF THE ABOVE DESCRIBED POLlClfS BE CANCELLED BEFORE THE EXPIRA TION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil 30 * DAYS WRITTEN Collier County Board of County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL Commissioners 3301 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF A/fY KIND UPON THE INSURER,ITS AGENTS OR Naples FL 34112 REPRESENTATIVES. A ESENTATlV~ (' ~ - \. ACORD 25 (2001/08) @ACORDCORPORATION 1 17 16EIQ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 11' 16EI0 MEMORANDUM DA TE: July 7, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: Millenium House of SW Fla., Inc. Enclosed, please find one (1) original, referenced above (Agenda Item #16EIO) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures ITEM NO.:()1-Ve.c~O'?5q '\;)~ \ \~\!'6E 10 , '--"'-",'I""I~J~" (J1}AiE~'REC; . D: ,-' '')'' , ',I ' i " j, ,',;"',..\ I! . l ' FILE NO.: \ . r I") , ,u:.... ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES 1-'\ Date: June 26, 2009 To: Office of the County Attorney C~ L - ~~ Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ,. L, . oct Cftlb fIS'~ Re: Contract: #09-5227 "Services for Seniors" Contractor: Millenium House of SW Fla., Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Age Item 16.E.1 0 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services RLS # tJf- leL- CHECKLIST FOR REVIEWING CONTRACTS t'/.;!s<;1' E 10 Entity Name: /111 L.L eNN ~L(Wl iba.c..r.- .s~l':"'td.S"f" k.tJIU7>It~ lAX!.. Entity name correct on contract? Entity registered with FL Sec. of State? ..........Yes ---;::7Yes No No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ \ ~ l L- Provided $ -z..- V\A\ L Products/CompVOp Required $ Provided $ IN/U.Ubt~'i Personal & Advert Required $ Provided $ I wt I L Each Occurrence Required $ Provided $ / t Fire/Prop Damage Required $ Provided $ ,r;(), fi)o Automobile Liability ~ Bodily Inj & Prop Required $ cr6.I'c.-fIo\~ $ Provided $ ~ Workers Compensation \, Each accident Required $ St#('(. \..\.../6 Provided $ (k-\I L Disease Aggregate Required $ Provided $ , , Disease Each Empl Required $ Provided $ I I Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: -L Yes vYes V Yes ~Yes _No No No No Exp. Date 3f""l.-t> !l~ Exp. Date I" Exp. Date i f Exp. Date II Exp. Date ( . Exp Date N!p Exp Date \/, 11-1'10 Exp Date f I' Exp Date " Exp Date Exp Date Yes No Provided $ Provided $ Exp. Date Exp. Date Required $ Provided $ Exp Date_ County required to be named as additional insured? County named as additional insured? -LYes v'" Yes No No Indemnification Does indemnification meet County standards? Is County indemnifying other party? -LYes Yes No ---t.L- N 0 Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Yes No Yes Yes No No Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~Yes ~Yes V Yes ~Yes No No No No V Yes ~Yes --LL. Y es No No No Attachments Are all required attachments included? ~es No '- . Reviewer Initials: ){)I!!~ Date: I'J I {p I tll 04-COA-O 1 cJ30//22 16 E 101 MEMORANDUM TO: Ray Carter Risk Management Department . ~JJr- ( r.-/ OL'if j.X l-O- \5 FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department June~, 2009 DATE: RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Millenium House of SW Fla., Inc. This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Terri Daniels, Housing & Human Services OATE RECEIVED JUN 30 2009 RISK tWfN:iEHENT liE 10 mausen_g From: Sent: To: Cc: Subject: RaymondCarter Thursday, July 02, 2009 3:28 PM LynWood; DeLeonDiana DanielsTerri; mausen_9 Contract 09-5227 Services for Seniors All, I have approved the certificate of insurance provided by Millenium House of SW Fla., Inc. for contract 09-5227. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 16EI0 DeLeon Diana From: Sent: To: Subject: Cindi Ryerson [cryerson@embarqmail.com] Friday, June 26, 20098:32 PM DeLeon Diana Millennium House Diana, Millennium House does not use private vehicles for the transportation of our clients to or from Millennium House. Millennium House does not own a shuttle bus for this purpose. Therefore, myself or my employees do not carry business liability insurance on our vehicles. We will assist families in giving them resources for transportation to our center. All of our families do transport their family member to our center that live in Naples. Cindi Ryerson Millennium House 992-5513 1 www.sunbiz.org - Department of State Page lof2 16EI0 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List R~lurn T.9L,j~t IEntity Name Search Submit I No Events No Name History Detail by Entity Name Florida Profit Corporation MillENNIUM HOUSE SOUTHWEST FLORIDA INC. Filing Information Document Number P00000077735 FEI/EIN Number 651055880 Date Filed 08/10/2000 State Fl Status ACTIVE Principal Address 8951 BONITA BEACH RO STE 297 BONITA SPRINGS Fl 34135 Changed 03/03/2003 Mailing Address 8951 BONITA BEACH RO STE 297 BONITA SPRINGS Fl 34135 Changed 03/03/2003 Registered Agent Name & Address RYERSON, CINOI K 1466 XAVIER AVE S FORT MYERS Fl 33919 US Name Changed: 03/30/2004 Address Changed: 03/03/2003 Officer/Director Detail Name & Address Title P RYERSON, CINOI 1466 XAVIER AVE S FORT MYERS Fl 33919 Annual Reports Report Year Filed Date 2007 01/06/2007 2008 01/27/2008 2009 OS/27/2009 http://www.sunbiz.org/scripts/cordet.exe?action= D ETFI L&inq_ doc _ number= P000000777... 6/23/2009 ~.sunbiz.org - Department of State Document Images OS/27/2009 =-ANNUAL REPORT 01/27/2008 ~~ANNUAbREPORT 01/06/2007 :~ANNUAL REPORT 04/0~/2006 ~_6tit'-!UAL8.J;PQBI 0301 /200ti=-ANNVAb REPQRT Q~/~Q/2QQ4,=--ANNVAbR,EPDRT QQ!Q9/2003=-B~6ill'!ntCbqng,~ 03/03/2003, ::ANNUAI.REPQBI 0212AL20Q2 -- ANt'LV6LREPQBT 04/02/2001 -- ANNUAL REPORT 12/01312000 -- Reg.6genLCbqog~ 08/10/20QQ=.J)~m~!>tic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List No Events No Name History Next on List R~tYm To List Home I Contact us I Document Searches I E-Filing Services I Forms I He!p I Copynght and Privacy Policies Copyright C9 2007 State of Flonda, Department of State. Page 2 of2 16 E 10 I' IEntity Name Search Submit I http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inq_ doc _ number= P000000777 ... 6/23/2009 16E10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Millennium House of Southwest Florida, Inc., authorized to do business in the State of Florida, whose business address is 8951 Bonita Beach Road, Suite 297, Bonita Springs, Florida 34135, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page I of7 16EIQ 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: Millennium House of SW Florida, Inc. 8951 Bonita Springs Road, Suite 297 Bonita Springs, FL 34135 Attention: Cindi Ryerson Telephone: 239-992-5513 Facsimile: 239-992-2238 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16E1Q 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. ~. c/c. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an 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. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 I6E 10 Vendor shall insure that all sub Vendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 on 16EIO responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16E10 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: D~ B ' ~ y: ',', ,,'~, Date (S~AL. .:. ..~ tttllt .. .....,. '1........~...". .,' By: BOARD OF COUNTY COMMISSIONERS COLLIER CODifY, FLORIDA '!~ d~ Donna Fiala, Chairman c.. _~. Millennium House of SW Florida, Inc. Vendor L' ,{?tttA - ~$ '~ First Witness By: UI/1{i{ if f~ Slgnah;l'f DlalA~ OLL~cl tTypej print witness namet1 ~~~y Second Witness ~I rvoi K.\..-l<{G~)O(' f\::C fl\1f\l:JtrJcr Typed signature and title cA.-A....,\\.e(L 7S ye Ylda. ~t:{ ve5..-- tType/print witness namet Approved as to form and legal sufficiency: c~~ Assistant County Attorney Colleen breerUL- Print Name Page 6 of7 '16 t 10 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEE/UNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 on 16E1Q DATE': (MWDDtf\? CERTIFICATE OF LIABILITY INSURANCE OO/26f2009 PROOUCSA Serial # 153615 nlls cERllFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATe CONDON MEEK HOLDER. THI-S CERTlf1CATE DOES NOT AMeND. EXTf!ND OR 1211 COURT STREET AI.. lEA THE COVERAGE MFORDED BY THE POLICIES BELOW. CLEARWATER FL 33756 INSURJ:R.S AFFORDING COVERAGE NAIC# INSURED INSUFl5Jt A: FRANK WINSTON CRUM INSURANCF= INC. 1I"0f} INSURER B; FrankCrum 1-800-277-1620 INSURER c. 100 S MISSOURI AVENUE IN$UAER 0: CL.EARWATER FL 33756 INBURE'FI e; THe POLICIES OF INSURANCE USTED BI!LOW HAVE BeEN ISSUI!D TO THE INSURI!D NAMED ABOVE fOft THE POLICY PERIOD INDICA TED. NOTWITHSTANDING ANY IU:QUIR.EMENT. 'TERM OR CONDITION 01' ANY CONTRACT OF OTHllR DOCUMENT WITH RESPECT TO WHICW THIS CERTIFICATE MAY BE IssueD OR MAY PERTAIN, THE INSURANce Al'J'ORDED BY THE POLICIES DESCRIeED ""REIN IS SUBJeCT TO ALL THe TeRMS, exCLUSIONS ANI) CONDITIONS OF SUCH pOLICIES. AGGREGATE UMITS SHOWN MAY HAVE SEal REDUCED BY PAID CLAIMS. IN'-'f\ ADe," TYPE OF INSUl'IANCE POlICY NUMBEfI PATEIMMJDDIY'Yl I UMIT6 LTR _0 DATI! (MMJDDIYYI ~~LIABIU"'" !ACH OCCI,JRRENCE .$ - DIoI~CW. l3EN~ lIABI~fTY FlRE DAMAGE 'M. ona h) .$ - CLAlMe p,t,I,!;)I; DocCUR MED EXP 'Anv on. "'l'IQ~\ S PeRSON..... & "00 INJURY .$ l3ENERAl. AQ~Et.J"TE $ ~n~~r~rAPPUEn~ PRODUCTS. cOMl'IOP AQQ S POUCY PRO-ECT LOC !!!f04\1OUILE UABI.l'TY eDMl3lNEO slNGLE ~IMIT $ ~Y AUTO (Ea acclda.1) - - ALL OWNOO ~T06 !I0DIL Y INJURY S (P.rp.....1I) - SCH~D~O "U1t)S - HIREO~fO' UOI;lIL Y NAJR'" $ (p.r acakllnQ - hION.QWNEO AUTOS PROPI!R]Y CAloW3E .$ (P.r acddeo>Q aAfI,ABE UAI!I8..I'TY AUTO O......Y. EAACelDENT S ~~ AUTO o'fHERTHNl Ell ACC S AUTO ONLY'" AG(; $ =:i~a I UMIMJ.lJ\ L./IlBIUTY EACH OCC\JRRf1;NCIl .$ OCCUR Da.Al""B MADE ACll3REGJ\T!! $ , =l~u~ - ./ $ RETENTlDN $ .$ ~IUl;IlRB COIFENaATlON AND I we STAn/-, I I DTHE" A EWIPLO'fall."lJAIIII-IT"/' we 9 0000 OOCO 0110112009 01/C112010 X TORY uMlTS ANY PROPRETQR I PARn.IeA II!XEevTl\IE oFFlcl!Il1 MIlMBER EllCLUDED7 E,L. IlACH ACCloEN1 $ 1 000 000 If liK. d.Kriblllftd.r E.L. OI$l!Mc -1lA Bl.PLOYEE $ 1 000 000 SPECIAl.. pROVISION" bolow E!.L DISEASE - POUCY UloIIT $ 1 000 000 OTHER ol!$Q!\P'IlQN OP oPERATlO...' I ~DCAnDN& / V!H1CUiB I El<CLUlIlOtol$ ADOED BY ENOOIISIM~T I SPECIAL I'PlOVI/loIONa EFFECTive 09/15f2005. COVERAGE IS FOR 100% OF THE EMPLOYEES OF FRANKCRUM LEASED TO MILLENNIUM HOUSE sou-rHWEST FLORIDA, INC. (CLIENT) FOR WHOM THE CLIENT IS REPORTING HOURS TO FRANKCRUM. COVERAGE IS NOT EXTENDED TO STATUTORY EMPLOYEES. ./" CERTlflCA TE HOUleR CANCELLATION SHOULD AN'( OF THE AIKlVS DESCRIBED POUClI!S BE CANCELU5D BEf'QRE T141! I!XPIRATION DATE THEREOF, THI! ISSUINO INSURI!R WILl.. EiNDEAVOR TO MAlt.. 30 DAYS WRITtEN NOTICE TO "tHE CERTIFICATE HOLDeR NAMED TO THE LliiFT, aUT I'An...UREi TO rlO SHAU. IMPOSE BOARD OF COUNTY COMMISSIONERS NO OaUOATlON OR UABIUTY OF ANY 10140 UPON TIlE INGURER. ITS AGENTlI Oil COLLIER COUNTY RSPRE8ENTA TIVl!la. 3301 E TAMIAMI TRAIL AUTHO~ MEl'RSSE.NTATIV& NAPLES FL. 34112 cr K-1&.t(1' LOO/LOOIeJ UJnJ 8 POLOL8LLGL X~~ 09:0L 800G/8G/80 06/25/2009 THU 14:24 FAX 239 261 7574 16 E 100/002 ACORD~ CERTIFICA TE OF LIABILITY INSURANCE OP 10 TD I DATE (MM1DDNYYY) MILL-13 06/25/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswald Trippe and Company, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4089 Tamiami Trail North A203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Nap1es FL 34103 Phone: 239-261-0428 Fax:239-261-7574 INSURERS AFFORDING COVERAGE NAIC# INSUREO INSURER Ii; Western Wor1d Insurance Co J 2./qftt INSURER B: Mi1lennium House SW FL Inc INSURER C: Cin~ Ryerson 8951 Bonita Beach Rd. #297 INSURER 0: Bonita Springs FL 34135 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING Af>N REQUIREMENT, TERM OR COlwmON OF Af>N CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIlE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. NSRJ: POLICY NUMBER I r;,~l;!~~M~~ I LIMITS l.TR TYPE OF INSURANCE DATE MM/DDIYYI GENERAl.l.IABJUlY EACH OCCURRENCE $l,OOO,OOO~/ - A ~ COMMERCIAL GENERAL LIABILITY NPP1l85844 03/20/09 03/20/10 P~EM;SES lEa occurence) $SO,OOO - =:J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 1 r 000 PERSONAL & ADV INJURY $ 1/000 r 000 X Prof Liab inc1ude GENERAL AGGREGATE $ 2 r 000,000 .. GEN'L AGGREGATE l.IMIT APPl.IES PER: PRODUCTS - COMP/OP AGG $ Included II ,nPRO- n POLICY JEeT l.OC AUTOMOBILE L1ABIl.ITY COMBINED SINGl.E LIMIT '--- $ ANY AUTO (Ee accident) - - ALL OWNED AUTOS BODtL Y INJURY $ . SCHEDULED AUTOS (Per person) - HIRED AUTOS BODlt Y INJURY - $ NON-OIMlED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE L1ABIl.ITY AUTO ONLY - EA ACCIDENT $ R ANY AlITO OTHER THAN EA ACC $ , AUTO ONLY: AGG $ EXCESS/UMBRELlA LlA61UTY EACH OCCURRENCE $ t:J OCCUR 0 CLAIMS MADE AGGREGATE $ $ R OEDUCTlBLE $ RETENTION $ $ WORKERS COMPENSATION AND ITORYlIl.1lTS I I01H- ER EMPLOYERS' UABILlTY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~I1f~td~~J~s below E. L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 day notice is required for nonpayment of premium. Renewal of Contract #06-3823 "Provide Adult Day Care and In-Home Care Services (Col1ier County Services for Senior)" Certificate holder is named as addi ti7al insured with respect to the general li.abili. ty . CERTIFICA TE HOLDER COL3301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPtRATlO DATE THEREOF, TIlE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALl. Coll.ier County Board of County Commissioners 3301 East Tamiami Trail Naples FL 34112 @ ACORD CORPORATION 1988 ACORD 25 (2001f08) 06/25/2009 THU 14:24 FAX 239 261 7574 16 E 1(}002 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 horder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16 E 10 MEMORANDUM DA TE: July 7, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: Eleven Ash, Inc. d/b/a HealthForce Enclosed, please find one (I) original, referenced above (Agenda Item #16EIO) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures -- -, '--", J '" ..C51~t.L.... O\~s "') ! / // -,----_....",..~~ -F' "j'" {' ~ '-~"'" ; J.. if ,:- I;... I jl-. \..J I ! \ ,,r"- \...J I._ "f-' "1-,' I 'Tl,.,.....!",'I'r,- (', \, ,i I" Ii I : '-'\!-'V , ..J ...._) . '1 I l , I ; ~.J I \ i~,,,.; 16EIQ DATE RECEIVED: ROUTED TO: ""H"H': .:. ,- :-' '"; '~, 3 ~ i '\..1 DO NOT WRITE ABOVE THIS LINE From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 REQUESTFOR LEGAL SERVICES Y ^:,:: ,S y c 0J~/ .- 5k' ~ ~~~ ~~ ~ y ;: y fP \ V?j'<~ (; ~11 ~O ;~~ I ~, ,1~ if / / \--~/{fiOj1,~'V/ ~ Date: June 25, 2009 To: Office of the County Attorney Jeff Klatzkow Re: Contract: #09-5227 "Services for Seniors" Contractor: Eleven Ash, Inc. d/b/a Health Force ACTION REQUESTED: I I \ \ BACKGROUND OF REQUEST: ~ This Contract was approved by the BCC on June 23, 200 , Agend/;" ~) Item 16.E.10 \ ~ This item has not been previously submitted. \ ~o}i? ~ Contract review and approval. OTHER COMMENTS: C: Terri Daniels, Housing & Human Services / ,,~'cA c,{Y1&- ~IG . clOs/--- Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. RLS# 09-/~ - 0101</1=6 E 10 CHECKLIST FOR REVIEWING CONTRACTS d../ ~ l t:l -Nt AI.- on. FOILC E. I Entity Name: EJLv f tJ 4.5 W) IfV~. Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ I Nd L- Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ I 'M.l L Workers Compensation Each accident Required $ J.T.#rT. 1-1 u ..1 Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: V Yes ~Yes Yes ~Yes Provided $ 5' M., L Provided $ ~ loA [ L.. Provided $ t I Provided $ L I Provided $ ~'''. p, 0 Provided $ ~~l' Provided $ Provided $ Provided $ M.ll 0\.1 \ I Exp Date Exp Date Yes Provided $ Provided $ Required $ Provided $ County required to be named as additional insured? County named as additional insured? ~Yes ~Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? ~Yes Yes Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? /Yes ~Yes V Yes ~Yes ~ n~R.-"2.A;b LJ~"l: T'~R- ~Yes V Yes /Yes Attachments Are all required attachments included? ---.L. Yes VYes \,./'Yes No No No No ~No No Exp. Date rz/ Z'tll'tt Exp. Date r , , Exp. Date \ I Exp. Date I' Exp. Date , , Exp Date I?hfl) f)q I r Exp Date ~/.).'i I hq Exp Date ( , Exp Date I ' No Exp. Date Exp. Date Exp Date_ No No No -LNo Yes No Yes Yes No No No No No No No No No No "- . ^A Reviewer Initials: ~ Date: '1 ~ t, loq 04-COA-0 I 30/222 16E 10 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: June 25, 2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Eleven Ash, Inc. d/b/a Health Force This Contract was approved by the BCe on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW REC IVEi") C: Terri Daniels, Housing & Human Services mausen_9 From: Sent: To: Cc: Subject: RaymondCarter Monday, June 29, 2009 1: 17 PM LynWood; DeLeonDiana DanielsTerri; mausen_9 Contract 09-5227 "Services for Seniors" All, I have reviewed and approved the certificate(s) for the following vendors under contract 09-5227: 1. Arcadia Health services, Inc. d/b/a Arcadia Health Care 2. Executive Healthcare Solutions, LLC d/b/a Brightstar Healthcare 3. Eleven Ash. Inc. d/b/a Health Force The contract s will now be forwarded to the county attorney's office for their review. Thank you, Ray ~ CaJd.e1L Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 16E 10 Ju1. 1. 2009 1:13PM Heal th Force No. [016 16 E 10 ~HEALTH ~[?mJ[R][c!E THE PROFESSIONAL HOME CARE PEOPLE ,. 5276 Summerlin Commons Way, Suite 702 Fort Myers, Florida 33901 ,. (239) 275-4747 Fax: (239) 275-4210 June 30, 2009 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 '-1L~ /tIl!Ji~ Nancy Me Oann President I) ~/ go IOc; ~(A /vItur,~ -tJa1~ cyz-- .' ~ r- " 'IIITiNA~MAAiE' MALoNE" ......i ':, _~\"""f>> "'~m(n# 000697628 = .. ~ III "" . i Ii. E)lp!res7123/2011! i ';f' FlQlId~ Notary Aun., Ino 5 ~. "1."1~~ ~"'1Il II I ,.".'1,...'..1"..... 11II111 .1." THEALTH $~ if[Jj][R][b[E i16f 10 THE PROFESSIONAL HOME CARE PEOPLE '" 5276 Summerlin Commons Way, Suite 702 Fort Myers, Florida 33907 (239) 275-4747 Fax: (239) 275-4210 June 23, 2009 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 ll~ '1JL c lJ~ Nancy Me Gann President Www.sunbiz.org - Department of State 1a51r1. 0 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List 8!'tturn_IQ l,.i~t IEntity Name Search Submit I No Events No Name History Detail by Entity Name Florida Profit Corporation ELEVEN ASH, INC. Filing Information Document Number P93000034439 FEI/EIN Number 650410505 Date Filed 05/13/1993 State FL Status ACTIVE Principal Address 5276 SUMMERLIN COMMONS WAY #702 FT MYERS FL 33907 US Changed 03/17/2009 Mailing Address 5276 SUMMERLIN COMMONS WAY #702 FT MYERS FL 33907 US Changed 03/17/2009 Registered Agent Name & Address MCGANN,NANCY 5276 SUMMERLIN COMMONS WAY 702 FORT MYERS FL 33907 US Name Changed: 09/23/1997 Address Changed: 03/17/2009 Officer/Director Detail Name & Address Title PVD MCGANN, NANCY 5276 SUMMERLIN COMMONS WAY #702 FORT MYERS FL 33907 Title ST MCGANN, NANCY 5276 SUMMERLIN COMMONS WAY #702 FORT MYERS FL 33907 http://www. sunbiz.org/ scripts/ cordet.exe ?action= D ETFIL&inq_ doc _ n umber= P9 3 0000344... 6/23/2009 Page 2 of2 :16E 10 Www.sunbiz.org - Department of State Annual Reports Report Year Filed Date 2007 01/08/2007 2008 01/07/2008 2009 03/17/2009 Document Images 03/17/2009=-ANNUAL.REPQRT o 1/07/2008:-.=-ANNuAL. BEP OR T 01/08/2007 =-ANNUAL. REPORT 01L13/2009 -- ANNlJ-.AL.J3EPORT 01/04/2005 =-ANNUAL. REPORT 01/16/2004 =-ANNUAL. REPORT 03/03/2003 =-ANNUAL. REPORT QQ/O 1I2~o~=-ANNI"JAL.J3.EE'QRI 02/QQJZOO~ANNUAL.EEPORT Q?J13012000,-.=-ANNuAL.BEPORT 03/01,11999=-ANNuALREPORT 09/Q?JJJ9_98_=-ANNl.J1\1--B_E PO R T 09/2:1't99L:::ANNUl\L HEPOR_I 021OQ/19J)L:::.:::l\NJ'.tu.AL.-B.EPi)R T 04L3011996:::-=-ANNUAL 8J~pOFn 02/06/1995 -- ANNUALREPOJn View image in PDF format View image in PDF format View image in PDF format View image in PDF fOl11'lat View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in, PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. No Events No Name History Next on List R~tYf-,]I(:>J...ist Previous on List IEntity Name Search Submit I I Horne I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyrrght and Privacy Policies Copyright @ 2007 State of Florida, Department of State, http://www. sunbiz.org/scripts!cordet.exe?action=D ETFIL&in~ doc _ number= P93 0000344". 6/23/2009 16E10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Eleven Ash, Inc. d/b/ a Health Force, authorized to do business in the State of Florida, whose business address is 5276 Summerlin Commons Way, Suite 702, Fort Myers, Florida 33907, hereinafter called the II Vend or" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the IICountyll: WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30,2012. 2. ST A TEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page 1 of7 16EIQ 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: Eleven Ash, Inc. d/b/ a Health Force 5276 Summerlin Commons Way, Suite 702 Ft. Myers, FL 33907 Attention: Charlene Miller Telephone: 239-275-4747 Facsimile: 239-275-4210 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.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 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16EI0 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. INSURANCE. The Vendor shall provide insurance as follows: ~. 11. la ~A,~' ~~~s. k Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an AdditiotYcll 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. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 16EIQ Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16EIO responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. ' 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor . 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16E10 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 TTES!:' Dwi'ht ]j. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA By:: Date4: U "'7, (S~~.)' ,.-.,' \....l..., ,';'..'" .1_1t . te .~ I ......... ..." By: Donna Fiala, Chairman Eleven Ash, Inc. d/b/a Health Force ~1~~ ClA U\)JL~(}L)1A(' tTyp,e/print witness namet W ftrt ~,.Cr Second WItness ~ lYJ/brl-li, All IJJ Tl~ tTy~ witness namet Vendor ~~ By: Signature (J};J' Ie ne Ill/.. /1.14. !/dm'hls &.d-r/l... Typed signature and title Approved as to form and legal sufficiency: ~~ J Assistant County Attorney Co\\OO) 6ree~ Print Name Page 6 of7 16E10 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEEIUNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 Jun 26 2009 12'42PM----Insurance Office 16E10 No 4761 P 1/2 - -. ACOBlt CERTIFICATE OF LIABILITY INSURANCE I DATE! (UIIJDDfYYYY) 06/26/2009 PRODUCER (813)637-8877 FAX (813)637-8484 THIS CERTIFJCATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 4915 W. Cypress Street ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. SuUe 100 TaJq)a, FL H607 INSURERS AFFORDING COVERAGE HAlC# / INSURED Eleven Ash, Inc. lN$1.IRER A: United National Ins Co 13064 v DBA:Health Force INSl..lR!:R B: AmCDMP, Inc. .L A..,'" .e;c51 '7 5276 Summerlin Commons Way IN&URER C: Suite #702 INSURER D; Fort Myers, FL 33907 INSURER E: COVERAGES ! i i ~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABO\l!! FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANOINQ AJolY REQUIREMENT. TERM OR CONDITION OF AN'( CONTRACT OR OTHER DOCUMENT WITH RE!SP~CT 'r0 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORCED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMfTS SHOWN MAY HAVE 6EEN REDUCED BY PAID CLAIMS. 1~1.N=: 'TYPE OF INSURANCE POUCVNUU8E.R POLICY EFFECTNE POLJC't' EXPIRATION ullITS GEN~RA1. UAIIILlTl' AHBOS9905S 12/27/2008 12/27/2009 EACH OCCUAAENCE $ 3,000.0 -- X COMME~ClAL GENERAL LIABILITY DAMAGE TO FleN'rEO I 100,0 - n CLAIMS MADE [!] OCCUR Meo EXP (Any gnoJ pot$Qr1) I 10,1 A X ~'Pr'ofessional Liab PERSONAL a NJV INJUR.Y , 3,000. ~ H1red/Non-Dwned GENelW.AGGREGATE , 5 000., GEN'L AGGRE GoA TE l..AMT APPLIES PER: PRODUCTS-COMProPAGG I 3 000,1 Xl POLICy n ~8T n Loe AUTOMOBILE UA8lUTY COMBINED SlNGLE UUIT - (Ea acr:id9nt) I AN'fAUTO - All OWNED At,fTOS BODIL V INJURY - $ SCHEDUlED AUTOS (per peroonl - HIRED AUTOS BOOn. Y INJURY - (per accldent) " NON-OWNED AUTOS - PROPEJllY DAMAGE $ (Pet aecilleIllJ clARAaE UABlUTY AUTO ONLY - EAACCIDeNT $ =1 AN'f AUTO 01'HeR 'rHAN EA ACe s AUTO ONLY; AGG . DCESSlUMBltELlA UABIUTY EACJo! OCCURRENCE; . tJ OCCUR DCLAJMS IMDE AGGREGATE , . R ~EDVCTL8LE I RETENTlON . . , WO~COMP~noNAND WCV7070446 12/24/2008 12/24/2009 X I we STATU- I IO~ EMPLOYERS' LIA8IUTY E.L EACH ACCIDENl' , 1.000.00 B ANt Pl'loPRlETORJPARTNERlEXECUTIYE OFFICERlMEMBER EXCLUOEO? E.L. DISEASE - EA EMPLOVEE I 1,000.00 If ~ d.'IQ1~ IIlldw lS.t. olswe . POLICY LIMIT $ 1,000,00 !If'eClAL pRO\llSIONS belDW OTIlI;R '~""'"''''I-'l:ll'''H''''' Y"....."'''......''''''''........-.... Co er County BeC 1S Clitional I ured with respects to General Liability. I /1 I I I I ! Collier County BeC 3301 E. Tamiami Trail Naples. FL 34112 IATlnt.l !lHOULD ANY 01' THE A80Vlii DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TlfEREOF. THE ISSUING LN9URER WILL ENDl!A.VOR TO MAlL. ..J,L DAYS WRlTnN NOTll;E TO THE CI!R'T1F1CAT! HOLDI!R HAAlI!D TO THE Len. BUT FAJl..URE TO MAIL SUCH NOTICE SH,AllIWPO$E NO OSUGATION OR L1ABIUTV OF ANf I<IND UI>ON THE INSURER, ITS AGENTS OR REPRESENTAtlVES. A~RIZED REPRESENTATIVE ./ ~___ Sam Potter/BRlDGR /1- ,,'- CERTIFIC ACORD 25 (2001/08) FAX: (239)252-6597 @ACORD CORPORATION 1988 Jun. 26. 2009_12:42P~Insurance Off ice 1h~10 No. 476e...y t'2 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 endoraement. 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 aflfrmatlvely or negatively amend, extend 01' alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16E1Q MEMORANDUM DA TE: July 7, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: Executive Healthcare Solutions, LLC d/b/a Brightstar Healthcare Enclosed, please find one (1) original, referenced above (Agenda Item #16EI0) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures ROUTED TO: ~-~~_ . 16 E 10 ~ \ ~~\';~ ~:~_" 1f;~'~~EIVED: 1 .( 'I ~ \ . "-',"(";~,~ . I., l \ ',)J'i; 'cj~-\, "',r . ,i., 0 k~ ./ "",.., vJ\ ....~ /" -' ,j ,-,;' \..oJ ----/ _ - ~J;<--- -- / ~ ~'(J.. ~ DO NOT WRITE ABOVE THIS LINE /" ~ ~ :; \(>.v~/ 9::, ' ~t" j 9':1. ~A:/~~v~ S~,)' A'-<\ )j tl~~) vJO ct??~ J \ ~ \"t tJ .11/ vJ tJr" Vrf ( ITEM NO.: FILE NO.: REQUEST FOR LEGAL SERVICES Date: June 25, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #09-5227 "Services for Seniors" Contractor: Healthcare Executive Healthcare Solutions, LLC d/b/a Brightstar ACTION REQUESTED: BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agen,d~;/?~f/)I"'___ Item 16.E.10 ' 'yV1""'2- .i ,1 / J'~'O~ crYlG- rl~ .clo~ This item has not been previously submitted. Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services 16E10 RLS # or -I.ec!.. - /) J:J.. '1'1 CHECKLIST FOR REVIEWING CONTRACTS I #/tIS (...I-(! / / Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ I ""'-I l,.... Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ l ~l l.- Workers Compensation Each accident Required $ .5T1<\r; ht"IT~ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Q i_\ML- ..,/ Yes -L Yes Yes -L Yes No No ~No No ( ef-f (,A../C.. > ~pt.t/lot-U. '7rf""Y" / Q 1:'011 I ~ _ ./' Yes ~Yes No No .3 MIL Exp. Date ~ ( Exp. Date MIl.- Exp. Date II Exp. Date p Exp. Date r ""-I L Exp Date Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ 5Oo) ()Ob Provided $ S'()()} OPt? Provided $5"0. 6t>/J , Exp Date:,\1 ( I, () Exp Date I / I Exp Date , , Exp Date Exp Date Yes No Provided $ Provided $ Exp. Date Exp. Date Required $ Provided $ ~ ~o Exp Date ~q County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Attachments Are all required attachments included? 16 E 10 MEMORANDUM FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department .y~/ )l~/ 1< TO: Ray Carter Risk Management Department DATE: June 25, 2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Executive Healthcare Solutions, LLC d/b/a Brightstar Healthcare This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW RECE\VED JUN 1 6 2009 RISK MANAG - NT C: Terri Daniels, Housing & Human Services mausen_9 16E 10 From: Sent: To: Cc: Subject: RaymondCarter Monday, June 29, 2009 1 :17 PM LynWood; DeLeonDiana DanielsTerri; mausen_g Contract 09-5227 "Services for Seniors" All, I have reviewed and approved the certificate{s) for the following vendors under contract 09-5227: 1. Arcadia Health services, Inc. d/b/a Arcadia Health Care 2. Executive Healthcare Solutions, LLC d/b/a Brightstar !:ie~thca~~_ 3. Eleven Ash, Inc. d/b/a Health Force The contract s will now be forwarded to the county attorney's office for their review. Thank you, Ray ~ Ca.h:.t.eJL Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 www.sunbiz.org - Department of State 1ao t:fl 0 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List~.tum TQl..,ist IEntity Name Search Submit I No Events No Name History Detail by Entity Name Florida Limited Liability Company EXECUTIVE HEAL THCARE SOLUTIONS, LLC Filing Information Document Number L06000013155 FEI/EIN Number 204870885 Date Filed 02/06/2006 State FL Status ACTIVE Effective Date 02/06/2006 Principal Address 9001 HIGHLAND WOODS BLVD SUITE # 5 BONITA SPRINGS FL 34135 US Changed 04/14/2009 Mailing Address 9001 HIGHLAND WOODS BLVD SUITE # 5 BONITA SPRINGS FL 34135 US Changed 04/14/2009 Registered Agent Name & Address BOTSKO, JOHN JR. 9001 HIGHLAND WOODS BLVD, SUITE 5 BONITA SPRINGS FL 34135 US Address Changed: 09/03/2008 Manager/Member Detail Name & Address Title MGR BOTSKO, JOHN JR. 9001 HIGHLAND WOODS BLVD, SUITE 5 BONITA SPRINGS FL 34135 Title MGR BOTSKO, MARLA J 9001 HIGHLAND WOODS BLVD BONITA SPRINGS FL 34135 US Annual Reports http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_ doc _ number=L060000 131... 6/25/2009 www.sunbiz.org - Department of State f~2(1 0 Report Year Filed Date 2007 OS/22/2007 2008 09/03/2008 2009 04/14/2009 Document Images 04/14/2QQ9=.ANNLJAI.."R I;PQRT 09/03/2Q08-~ANNLJAI..HEPQRT OS/22/2007 =-ANNUAL REPORT Q2/0B/2 QQ6 =-Flo rictL Li mit~!:Lb.ja bility View image in pOF format . View image in POF format VieW image inPQFformat VieW image in POp format Note: This is not official record. See documents if question or conflict. Previou~9JJ List tIl_exton--'-l!!t Rell,.l['lT9J,.ist No Events No Name History IEntity Name Search Submit I 1 Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copynght and Pnvacy PoliCies Copyright @ 2007 State of FlOrida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inCL doc _number=L060000 131". 6/25/2009 16EIQ A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Executive Healthcare Solutions, LLC d/b/ a Brightstar Healthcare, authorized to do business in the State of Florida, whose business address is 9001 Highland Woods Boulevard, Suite 5, Bonita Springs, Florida, 34135, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page 1 of7 16EIQ 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Executive Healthcare Solutions, LLC djb/ a Brightstar Healthcare 9001 Highland Woods Blvd., Suite 5 Bonita Springs, FL 34135 Attention: John Botsko, Jr. Telephone: 239-992-4779 Facsimile: 239-992-4764 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page20f7 16EIQ 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: IA. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. ~ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. ~ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additiona~lnsured on the Comprehensive General Liability Policy. V Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 16E 10 Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16EI0 .... responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENT AL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16EIQ IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwi htR'.Brd<<k;!Clerk of Courts ~ -',.,.. ....., "', .. ",.> BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA By: '. Date.g: ""(SEAlJ At't..'. W..... t tt...... -tlI,.,S:>' By: Donna Fiala, Chairman 4ca~...d? J2 First Witness Executive Healthcare Solutions, LLC d/b/a Bright Star Healthcare By UJleifJi ~ Signature / '}) l C\ ~C, ~L~u! '" tType/print witness na~et fIJ/VCIl ~w/-+___ J: Cb {)Q~ Second Witness Jr\~~\~jn I. Chi 1\:\ tType/print witness namet Approved as to form and legal sufficiency: ~fMM-~ t Assistant County Attorney Co/leen 6reen-e-. Print Name Page 6 of7 16 t, 10 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEE/UNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 16EIQ Jul 06 2009 1:43PM Bri~htStar Healthcare 239-992-4764 p.2 ACORD... CERTIFICATE OF LIABILITY INSURANCE DAT!! CMMIOOo'YYYY) Sabal. Insurance Group, Inc. 805 E Broward Boulevard, Ste 303 Port Lauderdal.e, FL 33301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. F'RODl./CI!I\ Exeoutive Hea1thoare Solut:i.ons, LLC DBA Brigbt8t:ar Heal. tha~/24-'1Br.i.ghatar 9001 Hiqh1and Woods Blvd, Suite #S Bonita Spr:i.ng., I'L 34135 INSURER A' INSURER II." INSURER c: INSURER D: INSURER E; COVERAGES THE FOUClES OF I~CE USTEDElELOWHAVE ilEEN ISSUED TO THE IHSUFlEO NAMBl AIlOVI! FOR Tl-lE POUCY PERIOD INDICA~. NOTV\IITHSTANOlNG MlV REQUIREllIIENT, 'TERM OR CONDITION OF AIiY CONTRACT OR OTHER DOCUMENT I'\oITI-l RESP'ECT TO IM-IICH THIS CERTIFICATe W,V Be ISSUED OR MAY PERTAI". 1l1ElNSURANCE AFFORDEO BY niE POUCIESOBSCRlBED HEREIN IS SUBJECT TO ALL THETE""-4S, EXCLUSIONS AND CONDITIOIiS OF &!CH POLICII!5. AGGREGATE UIIITS SHO\I\N MAY HAVE BEEN RB:)UCEC BY PAID ClAIMS, POLICY NUMBER ~ F Tl E COMMERCIAL GENERAL LIABILITY ClAlNSMACE D OCCUR A Profeeej,onal Llab VHBG 3051715-03 07/01/09 07/01/10 Ratro Datil!l* *06/01/06 GEN't. AGGREGATE UMI'T APPueSPER. PliO. LOC PO LICV JEeT AUTONlOlllLE UABlUTY CQIolBINED SNGLE LIMIT (Ea aceldllnl) S 1,000,000 ANYAUTO ALLOWNEO AUTOS ElODILY INJUR" SCHEDl.lLEO AUTOS (Pe,_) A HIRED "-UTOS VBHG 3051715-03 07/01/09 07/01/10 ElODILY II'tJl.lR" IotON-oWNED AUTOS (Per ""_) PROi>ERTY OAMACl e (Per"",,"*,,) ao.RAGE UABIUTY AUTO ONLY. EAACCIO!NT ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGO . I!XCESSIUMBIlaLA UAilIUTY EACH OCCLlRRENce OCCUR CI ClAIMSMAOE AGGREGATE DEDUCTIBLE RETeNTION $ VIORKERS OQIotPENl!ATlON AIiD eMPLOYERS' LIABILITY ANY ~CJlWARTlERlE)(EctJTIVE B OFFIC_U EXCLUDI!Il1 CPW002528 01/0/09 01/01/10 EL DISEASE- EAEMPl..OYEE $ Ity... dooortt>....do' SPECIAL PROVISIONS billow E.l. 0ISEASl!!- POU CY UMIT $ OTHER C Crime Bond LFMOO02970 07/01/09 07/01/10 $25,000 Limit OESCIIIPTIQt< OF oPERATIONS ILOCATiO..s (VEHICLES I EXCLUSIONS ADDED BVENDORSEMENT ISPEC,^LPROVISlONS Certificate Holder is named additional insured in respect to General Liability CERnFICATE HOLDER CANCEl-LA TION Collier County Government 3301 Tamiami Trail, East Naples, FL 34112 SHOULD ANY OF THE! ABOVE DESCRIBED POLICIES BE CANCEI.1.ED IIEPORE THE EXPIRATION DATE THEREOF, WE ISSUING INSURER 'MLL ENDEAVOR TO MAIL 30 DAYS 'hRIlTEN NOTICE TO THE CER11FICATE HOLDEIl NMAEO TO THE LEFT, ElUT FAIlURE TO !Xl so SHALL IMPOSE NO OBLIGATION OR LlABlLITV OF ANY I(jNO UPON THE INSURER, ITS AGENTS OR REPRESENTAoTIV6S AUTHORIZED REPRESeNTATlIIE ~ACOROCORPORAnON1~ ACORD2S (2001108) 16EI0 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) TM. 0$2812009 PRODUCER Phcne: (847) 623-0456 Fax: (847) 623-5600 THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION WESrS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1733 W WASHINGTON STREET ~?;~:R. THIS CERTIFICATE DOES ~,?~~D.;.~~~ ~ WAUKEGAN tL 60085 INSURERS AFFORDING COVERAGE NAlC.. INSURED INSURER A: Insurance Co of the Stale of PA EXECUTIVE HEAL THCARE SOLUTIONS LLC INSURER B: DBA BRlGHTSTAR HEAL THCARE INSURER C: 9001 HIGHLAND WOODS BLVD, STE 5 INSURER 0: BONITA SPRINGS FL 34135 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDiNG mY REQUIRELlENT. TERM OR CONDITION OF ~Y CONTRACT OR OTHER DOCUMENT WTH 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. AGGREGATE ULlITS SHOWl MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1= TYPE OF INSURANCE POUCY NUMBER ~~.r~ ~.:~ LIMITS LlR ~ERAL UABIUTY EACH OCCURRENCE $ - :5MERClAL GENERAL UASlLITY ~::~....., $ ClA'MSMADED OCCUR MED. EXP (Any one person) $ - - PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ - GEN'L AGGREGATE UMIT APP~rER: PROOUCTS-COMP.op AGG. $ I ,nPRO. POLICY JECT LOC ~OMOBlLE UABlUTY COMBINED SINGLE UMIT S mY AUTO (Ea accident) i--- ALL OWNED AUTOS BODILY INJURY - (Per person) $ I-- SCHEDULED AUTOS I-- HIRED AUTOS BODILY INJURY (Per lICdclent) S NON-OWNED AUTOS f--- I-- ff~.:e~~AGE s GARAGE LlABIUTY AUTO ONLY - EA ACCIDENT S ~ Am AUTO OTHER THAN EAACC $ AUTO ONLY: AGG S 5CESS I UMBRElLA LIABILITY EACH OCCURRENCE S OCCUR 0 ClAIMS MADE AGGREGATE S S R DEDUCTIBlE S RETENTION S S WORKERS COMPENSATION AND WC006783007 02/01109 02101/10 I~~I I=- EMPLOYERS" UABIUTY E.L. EACH ACCIDENT $ 500,000 A AItt PR~OIIIl'AR1'IIERIEJlECUlNE 500,000 OfF_EMIleIt UC:WllEIl? E.L DISEASE-EA EMPlOYEE S .)'Mi...... under E.L DlSEASE-POUCY LIMIT S 500,000 SPECIAL PRO'MlONllIooIow OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS CERTIFICATE HOLDER COVERAGES ~ CoUler County Board of County CommissIoners Naples, Florida CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEUED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WLL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 so SHALL IMPOSE NO OllUGATION OR UABlUTY OF}.N'( KIND UPON THE INSURER, rrs AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 8, AttentIon: ACORD 25 (2001108) Certificate # 8903 Brent es o ACORD CORPORATION 1988 _ r..........IJ...:I:...:I....I.IM:.I...........t:'f!"'(II-...I'.,I:I.'~...:I.:".'~.IJ"'... ...:I_....J~.,I:I"~.... AGENT NUMBER 1~ 0026814-00 we 006-78-30C ------------------------------------- o 13-82-020g-0( THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 13889 . I ~hcCUTIVE HEALTHCARE SOLUTIONS, LLC DBA (SEE WC990013 FOR COMPLETE NAME) 9001 HIGRLAND WOODS BLVD SUITE 5 BONITA SPRINGS, FL 34135-0000 ~~ Member Companies of ,..IL ., American International Group EXECUTIVE OFFICES: 70 PINE STREET. NEW VORK. N.V. 10270 SEE EXTENSION OF ITEM 1. OF THE INFORMATION PAGE - WC990610 1.01 PRODUCERS tJAME ~ND ADDRESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INFORMATION PAGE SMITH BELL & THOMPSON INC. 40 MAIN STREET SUITE 500 INSURED IS PREVIOUS POLICY NUMBER LIMITED LIABILITY COMPANY NEW OTHER WORKPLACES NOT SHOWN ABOVE: SEE EXTENSION OF ITEM 1. OF THE INfORMATION PAGE - WC990610 ITEM 2 POLICY PERIOD 12:01 A.M. standard lIme .t the IMured'S ...lJlnlll .deI..... ITEM 3 FROM 02/01/09 1'0 02/01/10 A. Workers Compensation Insurance: Part One of the polley applies to the Workers Compensation Law of the states llsted here: FL B. Employers Uablllty Insurance: Part Two of the polley applies to the work In each state listed In Item 3.A. The limits of our llablllty under Part Two are: Bodily Injury by Accldent $ 500.000 each acclclent Bodily Injury by Disease $ &;00.000 polley limit Bodily Injury bV Disease $ 1;00.000 each employee C. Other States Insurance: Part Three of the polley applies to the states. if any. listed here: AK AL AR AZ CO CT DC DE GA HilA lOlL IN KS KY LA MA MD ME MI MN MO MS MT NC NE NH NJ NK NV NY OK OR PA RI SC SO TN TX UT VA VT WI WV D. This policy Includes these SEe EXTENSION OF ITEM 3.0. OF THE INFORMATION PAGE - WC990612 ITEM 4 The premium tor this polley will be determined by our Manuals of Rules. Classifications, Rates and Rltlng Plans. All Information required betow Is subject to verification and change by audit. C1asslfiullons Cod. Number 3 Year Rate Per $100 OF Re- muneration Esllmated Premium 00 Annual 3 SEE EXTENSION OF ITEM 4. OF THE INFORMATION PAGE - WC7754 EXPENSE CONSTANT (EXCEPT WHERE APPLICABLE BY STATE) MINIMUM PREMIUM S '.\8'.\ F L If Indicated below. Interim adjustments of premium ahan be made: o Semi-Annually . .200 FL TOTAL ESTIMATED PREMIUM SB.O Issue Oate 39967 (Rlv'd 04/081 , Monthly DEPOSIT PREMIUM 02/16/09 PARSIPPANY 82 we 00 0< Issuing Office INSURED'S COPY :16E 10 MEMORANDUM DA TE: July 8, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: ADT Security Services, Inc. Enclosed, please find one (1) original, referenced above (Agenda Item #16EI0) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures ITEM NO.: CA ,1> rI2C - or ~ ~ ~ ~ ~ "",,"-oM E 1 0 :'of!\ 1RE' RECEIVED: FILE NO.: ROUTED TO: , ",.., , L'L DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 1, 2009 To: Office of the County Attorney :r ~~ \.2)",-~~ Jeff Klatzkow 'Z...~~ From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #09-5227 "Services for Seniors" Contractor: ADT Security Services, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services tjJ - ~ +- ~'l~ 1)' Y 16EI0 MEMORANDUM TO: Ray Carter Risk Management Department DATE: July 1, 2009 ')W~ 1 /-ef''' &L~ ""- FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: ADT Security Services, Inc. This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Terri Daniels, Housing & Human Services RECEIVED JUL 0 2 2009 16EI0 mausen_g From: Sent: To: Cc: Subject: RaymondCarter Thursday, July 02, 2009 3:08 PM LynWood; DeLeonDiana DanielsTerri; mausen_9 Contract 09-5227 Services for Seniors All, I have approved the insurance provided by ADT Security Services, Inc. for contract 09-5227. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 16 EIO ADT SECURITY SERVICES~ INC. SECRETARY'S CERTIFICATE I, John S.Jenkins, Jr., Secretary of ADT Security Services, Inc., a Delaware corporation (the "Corporation"), hereby certify that Martin E. Levenson, Director, Program Development, ADT Home Health Security Services, of ADT Security Services, Inc. is authorized to sign the Non-Institutional Medicaid Provider Agreement and other various agreements, on behalf of the Corporati<fP. IN WITNESS WHEREOF, the undersigned has executed this Certificate on this d~ day of June; 2009. [SEAL] . ADT Securi~ sele~ E 1 0 One Town Center Road Boca Raton. FL 33486 Te'e: 561-988-3600 Fax: 561-988-3601 vvwwadt.com June 30, 2009 John Sharpe ADT Home Health Security Services 32100 U.S. Hwy 19 North Palm Harbor, FL 34684 '/(f' Re: ADT Security Services, Inc. Secretary's Certificate Dear John: Per your email request today, enclosed please find the original Secretary's Certificate giving authorization to Martin E. Levenson to execute Non-Institutional Medicaid Provider Agreements along with other various agreements that fall under his jurisdiction. - If you have any questions relating to the enclosed or if you need anything additional, please feel free to contact me at 561-981-4268 or by em ail atPdonahoe@tycoint.com. :z2YCJ!J , ~.DonahO. Senior Corporate Paralegal PLD Enclosure: Www.sunbiz.org - Department of State Page 1 of3 16E 10 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Rl:lJYJnJ...9J..ist IEntity Name Search Submit I Events !'J~me Hl~!Lry Detail by Entity Name Foreign Profit Corporation ADT SECURITY SERVICES, INC. Filing Information Document Number P22392 FEI/EIN Number 581814102 Date Filed 01/04/1989 State DE Status ACTIVE Last Event MERGER Event Date Filed 12/31/2001 Event Effective Date NONE Principal Address c/o TFS LAW DEPARTMENT ONE TOWN CENTER ROAD BOCA RATON FL 33486 Changed 03/25/2009 Mailing Address c/o TFS LAW DEPARTMENT ONE TOWN CENTER ROAD BOCA RATON FL 33486 Changed 03/25/2009 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Name Changed: 04/03/1998 Address Changed: 04/03/1998 Officer/Director Detail Name & Address Title PD KOCH, JOHN B C/O TFS LAW DEPARTMENT ONE TOWN CENTER RD BOCA RATON FL 33486 Title SEC JENKINS, JOHN S JR http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=P22392&inq ... 6/19/2009 Www.sunbiz.org - Department of State Page 2 of3 16E1Q c/o TFS LAW DEPARTMENT ONE TOWN CENTER RD BOCA RATON FL 33486 Title TRES MACKAY, KEVIN C/O TFS LAW DEPARTMENT ONE TOWN CENTER RD BOCA RATON FL 33486 TitleVP ED OFF, MARK N C/O TFS LAW DEPARTMENT ONE TOWN CENTER RD BOCA RATON FL 33486 Title DAS BLEISCH, N. DAVID C/O TFS LAW DEPARTMENT ONE TOWN CENTER RD BOCA RATON FL 33486 Title DVP RAMO" BRUCE C/O TFS LAW DEPARTMENT ONE TOWN CENTER RD BOCA RATON FL 33486 Annual Reports Report Year Filed Date 2007 04/10/2007 2008 04/15/2008 2009 03/25/2009 Document Images 03/25/2009.= AN N UALREPQRT 04/15/2008::ANNUALREPQRT 04/10/2007 = ANNUAL REPORT 04/27/2006 = ANNUAL REPORT 04/15/2005 =ANNUAL REPORT 04/13/2004 -- ANNUAL REPORT 04/22/2002 -- ANNUAL REPORT 121~lJ200J-=MerW 05/04/2001 --:ANNUALBI;PQRL 05/0JL2000 -- ANNUA-1R~ORT 04L2JlLl~m9=ANNl,JA1..BEPO 8.1 07l10L1998::ANNlJALRE;PORT 04L03/1998=-RE:)g..AgenlCocmgE:) Q~Lt4/19~7 -- ANNl,JA1..RE;PQBT 05/14[1997 -- ANNUALREPORI 0_1/Q8L199] --_NAM E;C_/-i6~GE 05fQ1/1996::AN NUALREE'ORT 04/28/1995 =: ANNUAL REPORT View iMage inPDP format View imagElin PDFformat ViE:)W image in pDFformat ViE:)w image in PDp format View imagE:))n P[)F format VieW image inJ'DF format View irnageinPDFformat View image in PDF format View image in POFJormat ViewimagE:) inP[)F format ViE:)w image in. PDF format View image inpOF format View imagE:) inpOFformat View ima{;je, in. POP format View imagE:)inP[)F format View image in POP format View image in POF format VieWirna{;jein POFformat http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_ doc _ number= P22392&inq... 6/19/2009 Www.sunbiz.org - Department of State 16at31fb Note: This is not official record. See documents if question or conflict. ~~'.fJous oI:L!"i~t Next on List R~lYmTQ!"i$j: E:'y~nts Name"HJ$tpry IEntity Name Search Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copynght and Privacy Policies Copynght ;fJ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in'L- doc _ number=P22392&inq... 6/19/2009 16EIQ A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between ADT Security Services, Inc., authorized to do business in the State of Florida, whose business address is 32100 U.s. Highway 19 North, Palm Harbor, Florida 34684, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the t1Countyll: WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page I of7 16E 10 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: ADT Security Services, Inc. 32100 U.s. Highway 19 North Palm Harbor, FL 34684 Attention: Martin E. Levenson Telephone: 877-456-1787 Facsimile: 877-666-4390 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.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 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16EIO 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. ~. 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. /,./ e. 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 AdditionaI.Ji1.sured 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. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 16E10 Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County . 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16EIQ responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U .s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of? 16EI0 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 TrEST: ,: "":.. Dwight~,,:'Br()Ck.. 'Cle~~ of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated~. ~'" '(~AL ;.~ ',{ , ' " .........', .w.c;,&" ,.,.,'....... . ""...., .."~ ~.~i........ .,..........'.:fi u ." By: ADT Security Services, Inc. Vendor By: First Witness rK~I\JC V.'l6l0 tType/ print witness namet tkL;~ Second Witness Martin E. Levenson ADT HHSS Director. Program Development Typed signature and title HuJ J i P<ll unJl:.. I' tTypejprint witness namet BY: Jeff l1/tlfT/1V E" ?l:-'{./ ;1;t:/")1/ /f-P/J-;(l/ff/l .8Af/tI,.fL /'1t:'" (1;1/ J7{IlIE 74 ?cJ{J!j, d4 DA~C:'(MURPHY Notartl=!~lic, Massachusetts My CommissIOn Expires September 20,2013 Approved as to form and legal sufficiency: right, Assistant County Attorney Page 6 of7 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEEIUNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24m. $125.00 per 24m. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 70f7 16EIO 16E 10 CERTIFICATE OF INSURANCE CERTIFICATE NUMBER 616443 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAn: HOLDER OTHER THAN THOSE PROYlDED IN THE POUCY. THIS CERTIFICAn: DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. Marsh, Inc. COMPANIES AFFORDING COVERAGE 1166 Avenue of the Americas New York, NY 10036 COMPANY A: New Hampshire Ins. Co. Telephone (212) 345-5000 COMPANY B: Fireman's Fund Insurance Company COMPANY C: Nat'l Union Fire Ins Co of Pittsburgh, PA INSURED COMPANY D: Illinois National Insurance Co. COMPANY E: Commerce & Industry Ins CO ADT Security Services. Inc. COMPANY F: AI South Insurance Co. 32100 US Hwy 19 N COMPANY G: Insurance Company of the State of PA Palm Harbor, FL 34684-3727 United States COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING PNY REQUIRMENTS. TERM OR CONDITION OF PNY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICY LIMITS LTR DATE (MMlDDNY) EXPIRATION A GENERAL LlABlUTY GL 1871924 (Primary GL) 10/1/2008 10/1/2009 GENERAL AGGREGATE $2.000.000.00 - X COMMERCIAL GENERAL PRODUCTS - COMP/OP AGG $2 000 000.00 == tJ CLAIMS MADE [R] OCCU PERSONAL & ADV INJURY !l;1 000 000.00 OWNER'S & CONTRACTOR'S EACH OCCURRENCE $1.000.000.00 - FIRE DAMAGE (Anyone fire) $1,000,000.00 MED EXP (Anyone person) $10000.00 C AUTOMOBILE LIABILITY CA 1607774 (MA) 10/1/2008 10/1/2009 COMBINED SINGLE LIMIT $1,000.000.00 - C ~ PNY AUTO CA 1607775 (VA) 10/1/2008 1 011/2009 C ~ HIRED AUTOS CA 1607776 (ADS) 1 0/1/2008 10/1/2009 / X NON-OWNED AUTOS C WORKERS COMPENSATION AND WC 1872471 (CA) 10/112008 10/112009 X I :':.~,f.'TUTORY I I ~T"E C EMPLOYERS' LIABILITY WC 3754201 (ADS) 10/1/2008 10/112009 El EACH ACCIDENT $2.000,000.00 0 THE PROPRIETOR! we 1872475 (MI) 10/112008 10/112009 E PARTNERSJEXECUTIVE WC 1872472 (FL) 10/112008 10/1/2009 El DISEASE-POLICY LIMIT $2,000.000.00 F OFFICERS ARE: WC 1872478 (CT.GA.PA,SC) 10/1/2008 10/112009 El DISEASE-EACH $2,000.000.00 A we 1872477 (NY. OH. WI) 10/112008 10/1/2009 C we 1872473 (OR) 10/1/2008 10/1/2009 G we 1872476 (AR.MA,VA) 10/112008 10/1/2009 A we 1872474 (TX) 10/1/2008 10/1/2009 EXCESS UABILITY GENERAL AGGREGATE ~ OTHER THAN UMBRELLA FORM PRODUCTS - COMP/oP AGG ::=J UMBRELLA FORM EACH OCCURRENCE -- OTHER B Builde(s Rlskllnslallation/Contract Worl<s OC 9112860 5/1/2009 5/112010 USD $1,000,000.00 per jobslle B Rental Equipment/Contractor's Equipment OC 9112860 5/112009 5/112010 USD $1,000,000,00 per jobsile B Blanket Trans~ OC 9112860 5/112009 5/112010 USD $1,000,000.00 per conveyance DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLES/SPECIAL ITEMS Collier County Board of County or any other third party shall not be afforded status of an additional insured except as expressly agreed to and subject to the terms and conditions of a written agreement between the Named Insured and Collier County Board of COll Job Number: 0191 CUstomer Number: 0'191 Town Number: 0791 // Otber Additional Insureds: Collier County Board of County conunissione:t-s CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE POUCIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFfORDING COVERAGE WIll ENDEAVOR TO MAIL 30 DAYS WRmEN NOTICE TO THE CERTifiCATE HOLDER Commissioners NMlED HEREIN. BUT fAILURE TO MAIL SUCH NonCE SHALL IMPOSE NO OBUGAnON OR LIABILIlY OF mY KIND UPON Purchasing Dept, Building G THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE_ 3301 E. Tamiami Trail ..:J~ __ 1~ '}/. ~ Naples, FL 34112 MARSH USA INC, BY: Franklin Hallock. Global Marine United States David Kong, Casualty Program Transit Program VAUD AS OF: 6/26/2009 / I / /' Par questions !:egarding this certificate contact: JOHN SHARPE (Email: jfsharpe1,l1a.dt.com PhO:le: 800"S6B-1216-0PT-)) 16EIO MEMORANDUM DA TE: July 8, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Seniors" Contractor: VIP America of SW Florida, LLC Enclosed, please find one (I) original, referenced above (Agenda Item #16EIO) approved by the Board of County Commissioners on Tuesday, June 23, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures \)U'~ \\.\\<:)~ ITEM NO.: DATE 1~tr..: 0 FILE NO.: ROUTED TO: 0 9-P ~C - ~ J~55 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 1, 2009 t' .) , :_) To: Office of the County Attorney Jeff Klatzkow --l~~ ~,~~ c~~ From: Lyn M. Wood, C.P.M., Contract Specialist dr' , Purchasing Department, Extension 2667 I r \ Contract: #09-5227 "Services for Seniors" ('I 1..0 Re: Contractor: VIP America of SW Florida, LLC. BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 This item has not been previously submitted. Contract review and approval. ~\-' , } (:r ACTION REQUESTED: OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. w - ~ +Sly-J-,~ . r/~ ~ Mr, VVhl~4- __ .~;"2!. M~ ?j. (J j " ~" ((lres~~ C: Terri Daniels, Housing & Human Services 16EIQ MEMORANDUM TO: FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P .M., Contract Specialist k" Purchasing Department / " ,- July 1, 2009 DATE: RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: VIP America of SW Florida, LLC. This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Terri Daniels, Housing & Human Services 16EIQ mausen_g From: Sent: To: Cc: Subject: RaymondCarter Thursday, July 02, 2009 2:56 PM LynWood; DeLeon Diana DanielsTerri; mausen_9 Contract 09-5227 Services for Seniors All, I have approved the Certificate(s) of Insurance provided by VIP America of SW Florida, LLC for contract 09-5227. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 _www.sunbiz.org - Department of State 16 tg1(f Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on l.,ist ReturnIoJ"i$t lEntity Name Search SUtlmit ., No Events No Name History Detail by Entity Name Florida Limited Liability Company VIP AMERICA OF SOUTHWEST FLORIDA, LLC Filing Information Document Number L09000031164 FEI/EIN Number NONE Date Filed 03/31/2009 State FL Status ACTIVE Effective Date 03/31/2009 Principal Address 45 N. ALABAMA ROAD, STE 3 LEHIGH ACRES FL 33936 Mailing Address 45 N. ALABAMA ROAD, STE 3 LEHIGH ACRES FL 33936 Registered Agent Name & Address BRECHBILL, MARK 215 SOUTH FEDERAL HIGHWAY, STE 100 STUART FL 34994 US Manager/Member Detail Name & Address Title MGR WHITE, GILBERT 45 N. ALABAMA ROAD, STE 3 LEHIGH ACRES FL 33936 Annual Reports No Annual Reports Filed Document Images Q3/31/2QQ~=BQrida Lirnited Li9bility View image in PDF format Note: This is not official record. See documents if question or conflict. PrJtvious.Q[I.J"ist Next on List B~tumJo Lisj lEntity Name Search No Events No Name History http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=L090000311,.. 6/25/2009 www.sunbiz.org - Department of State 16 r1202 Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Pnvacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFrL&in~ doc _ number=L090000311... 6/25/2009 16E 10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between VIP America of Southwest Florida, LLC, authorized to do business in the State of Florida, whose business address is 45 North Alabama Road, Suite 3, Lehigh Acres, Florida 33936, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page 1 of7 16E10 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 45 N. Alabama Road, Suite 3 Lehigh Acres, FL 33936 Attention: Gilbert White, President Telephone: 239-303-2422 Facsimile: 239-303-2922 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 i.16E 10 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: IA. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. ~. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. ~. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional..htsured 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. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 16EIQ Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16EI0 responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16EIO 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. By: , Dated: l , (SEAL, i 1 Aft......'.... I .'f..~. ~...;\.,;' .'il'" ,,\,,- ~'/l ' "L :\1'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: (f~< .k~ Donna Fi la, Chairman ATTEST: Dwight E. Brock, Clerk of Courts VIP America of Southwest Florida, LLC ~i~ First Witness Vendor By:A~OU ~ Signature Gro. te. LllillUr tType/ print witness namet ~~< '----"" econd Witness Bilw+ Whl-ie ,Pres,'detlt- Typed signature and title ---'inCLtr+- ~dsoo tType/p . t wi~ess namet Approved as to form and legal sufficiency: BY: Jeff. right, Assistant County Attorney Page 6 of7 16 E 10 APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEEIUNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page70f7 ACORQM CERTIFICATE OF LIABILITY INSURANC ;'. '1 DATE (MMlDDIYYYV> 06/29/2009 PRODUCER (561)776-0660 FAX (561) 776-0670 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Abacoa Town Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1200 University B1 vd. , Ste 200 Jupiter, FL 33458 INSURERS AFFORDING COVERAGE NAIC# INSURED VIP Amen ca, LLC & JCOL, LLC Ace American Insurance Company ?-U6-? ~~"."~--"'''''- INSURER A 2500 s. Kanner Hwy INSURER B: Suite 1 ~ ' ',.. INSURER C: Stuart, FL 34994 ~,~ --'--'-- lNSURER D' - n_____ INSURER E: il6EIQ 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 KEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 00'1 POUCY EFFECTIVE POLICY EXPIRAllON ",,-"""--- TYPE OF INSURANCE POUCY NUMBER LIMITS GENERAL UABlLITY CRLG23591261001 09/11/2008 09/11/2009 EACH OCCURRENCE $ l,OOO,Ooe f--- DAMAGE T9_RENTED 100,00C X COMMERCIAL GENERAL LIABILITY $ >_.>,J ClAJMS MADE o OCCUR MED EXP (Anyone person) $ E~~!~ - A PEHSONAL & MJV INJURY $ 1,000,000 f--- 3""OOQ~ GENERAL AGGREGATE :; I-- --"""""_. GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 1,000,000 Ii n PRO- nLOC - POLICY JECT AUTOMOBlLE UABILITY COMBINED SINGLE LIMIT f..- (E8 ltCCident) $ 1 ,J}OO, 000 ANY AUTO I-- ......,,~.""_, .n ALL OWNED AUTOS CRlG23591261001 09/11/2008 09/11/2009 BODILY INJURY I-- $ SCHEDULED AUTOS (pI!( person) A X ,- - HIRED AUTOS BODilY INJURY 'X- (Per accident) $ NON.OWNED AUTOS - .~.~ - PROPERTY DAMAGE $ {per il<'Aidtlntl GARAGE UABILlTY AUTO ONt.. Y - EA ACCIDENT $ =1 ANY AUTO OTHER THAN lOA ACC $ AUTO ONLY AGG $ I EXCESSIUMBREtLA UABlLllY EACH OCCURRENCE $ ! l OCCUR D ClAJMS MADE AGGREGATE $ 1 .~,,~ ,-- _._>_..~ $ .- =-~ DEDUCTIBLE $ -. ~m" -~ RETENTION $ $ WORKERS COMPENSATION AND WC STATU. I I OJ: EMPLOYERS' UABIUTY EL EACH ACCIDENT $ ANY PROPRIETORfPARTNERiEXECUTlVE OFFICERiMEM8ER EXCLUDED? EI.. DISEASE. lOA EMPLOYEr $ ~~~~I;tts~~~V~NS belOw E,L. DISEASE. POLICY LIMIT $ ~TliER & Molestation CRLG23591261001 09/11/2008 09/11/2009 Aggregate Limit $ 300,000 A use DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES ( EXCLUSIONS AD~D BY ENDO.R$i<MSHT I SPEClAL PROVISIONS / e: ITQ# 09-5227 Collier County Services or Sen10rs ertificate Holder is Additional Insured with respects to General liabil ity 10 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM / j,; Collier County Board of County Commissioners Naples, Fl SHOUI.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO TliE LEFT, BUT FAILURE TO MAIl. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTliORlZED REPRESENTATIVE r'l . . ~~ Sean Thomas BECKP ~ ACORD 25 (2001108) eACORD CORPORATION 1988 16EI0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pOlicy(ies} must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16E1Q THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number VIP America, LLC; JCOL, LLC 3 Policy Symbol I Policy Number I Policy Period Effective Date CRL G23591261 001 09/11/08 to 09/11/09 09/11/08 Issued By (Name of Insurance Company) ACE American Insurance Company NON-OWNED AUTOMOBILE LIABILITY ENDORSEMENT It is agreed that: 1. The Declarations is amended by adding the following: a. The Premium is amended to add the following: Coverage Non-Owned Automobile Liability Additional Premium $1,664. b. The section providing the General Liability Coverage Part Limits of Insurance is amended to add the following: Non-owned Automobile Each Accident Limit: $500,000. each accident Non-owned Automobile Aggregate Limit: $500,000. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 2. Section I, Insuring Agreements, of the General Liability Coverage Part is amended at subsection A 1 by adding the following immediately after the first sentence: Bodily Injury and Property Damage Liability includes "bodily injury" or "property damage" arising out of the use of a "non-owned automobile" by any natural person, other than you, in the course of your business. 3. Solely for purposes of coverage provided by this endorsement only, the Additional Exclusions section of the General Liability Coverage Part is amended as follows; a. The Additional Exclusions titled Contractual Liability, Liquor Liability, Aircraft, Automobile Or Watercraft, Damage To Property, Damage To Your Product, Damage To Your Work, Damage To Impaired Property Or Property Not Physically Injured, and Recall Of Products, Work Or Impaired Property, are deleted in their entirety. b. The following Additional Exclusions are added: . Contractual Liability "Bodily injury" or "property damage" for which the "insured" is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the "insured" would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. PF-14487c (11/06) AH, LTC & FAC @ACE USA, 2006 Page 1 of 3 Not Approved in Louisiana Includes copyrighted material of Insurance Services Office, Inc., with its permission 16E10 . Bodily Injury to Your Employees "Bodily injury" to: (1) An "employee" of the "insured" arising out of and in the course of: (a) Employment by the "insured"; or (b) Performing duties related to the conduct of the "insured's" business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the "insured" under an "insured contract"; or (2) "Bodily Injury" to domestic "employees" not entitled to workers compensation benefits. . Damage to Property "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the "insured"; or (2) Property in the care, custody or control of the "insured". 4. Solely for the purposes of coverage provided by this endorsement, Section III, Exclusions, of the General Liability and Professional Liability General Policy Provisions is amended by deleting in its entirety subparagraph C, Employers Liability. 5. Solely for the purposes of coverage provided by this endorsement, the Who Is An Insured section of the General Liability Coverage Part is deleted in its entirety and replaced by the following: Each of the following is an "insured" under this insurance to the extent set forth below: 1. You. 2. Any partner or "executive officer" of yours, but only while such "non-owned automobile" is being used in your business. 3. Any other person or organization, but only with respect to their liability because of acts or omissions of an "insured" under paragraphs 1 or 2 above. None of the following is an "insured": 1. Any person engaged in the business of his or her employer with respect to "bodily injury" to any co- "employee" of such person injured in the course of employment; 2. Any partner or "executive officer" with respect to any "automobile" owned by such partner or officer or a member of his or her household; 3. Any person while employed in or otherwise engaged in performing duties related to the conduct of an "automobile business", other than an "automobile business" you operate; 4. The owner of a "non-owned automobile" or any agent or "employee" of any such owner or lessee; 5. Any person or organization with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. 6. Solely for the purposes of this endorsement, Section I, Definitions, of the General Liability and Professional Liability General Policy Provisions is amended by adding the following definitions: PF-14487c (11/06) AH, LTC & FAC @ ACE USA, 2006 Page 2 of 3 Not Approved in Louisiana Includes copyrighted material of Insurance Services Office, Inc., with its permission 16E 10 1. "Automobile business" means the business or occupation of selling, repairing, servicing, storing or parking "automobiles". 2. "Non-owned automobile" means any "automobile" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "automobiles. owned by your "employees", your partners or your "executive officers., or members of their households, but only while used in your business or your personal affairs. 7. Solely for the purposes of this endorsement, the Limits of Insurance section of the General Liability Policy is amended by adding the following subsections: . The Non-owned Automobile Liability Each Accident Limit set forth in the Declarations, is the most we will pay for the sum of all "bodily injury" and "property damage" resulting from of anyone "automobile" accident arising from the use, other than by you, of a "non-owned automobile" in the course of your business. . The Non-owned Automobile Aggregate Limit set forth in the Declarations, is the most we will pay for the sum of all "bodily injury" and "property damage resulting from all "automobile" accidents arising out of the use, other than by you, of a "non-owned automobile" in the course of your business. All other terms and conditions of the policy remain unchanged. Authorized Representative PF-14487c (11/06) AH, LTC & FAC @ACE USA, 2006 Page 3 of 3 Not Approved in Louisiana Includes copyrighted material of Insurance Services Office, Inc., with its permission AC.OBDrM CERTIFICATE OF LIABILITY INSURANCE 05/11/09 PRODUCER Paychex Agency. Inc. 1-800-472-0072 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 Sawgrass Dr Rochester. NY 14620 INSURERS AFFORDING COVERAGE INSURED Paychex Business Solutions. Inc. VIP AMERICA LLC INSURER A ILLINOIS NATIONAL INSURANCE COMPANY INSURER B, INSURER C 911 Panorama Trail South Rochester. NY 14625 877-266-6850 COVERAGES INSURER Dc INSURER Ec 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, iNSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIVV) DATE (MMlDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ --, COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone 1irel $ - ~ CLAIMS MADE 0 OCCUR MED EX? (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ i-- GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMPIOP AGG $ h nPRO-n POLICY JECT LOC ~OMOBILE LIABILITY ! COMBINED SINGLE LIMIT I l~ ANY AUTO \ 1 I (Ea accident) I-- t ALL OWNED AUTOS BODIL Y INJURY 1$ - (Per person) SCHEDULED AUTOS - ~- HIRED AUTOS ' BODILY INJURY I - ! (Per accident) 1$ NON-OWNED AUTOS - --' I PROPERTY DAMAGE I i (Po< accKlent) $ ~AGE LIABILITY I AUTO ONLY' EA ACCIDENT $ ANY AUTO I EA ACC $ i OTHER THAN AUTO ONLY AGG $ :5ESS LIABILITY I ! ! EACH OCCURRENCE $ D CLAIMS MADE , IAGGREGA TE OCCUR I I $ .--" I i $ I I q ~EDUCTIBLE I $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' 125890435 i 06/01/09 06/01/10 I WC STATU- I I OTH- LIABILITY X TORY LIMITS ER EL EACH ACCIDENT $ 1.000,000 V- EL DISEASE - EA EMPLOYEE $ 1,000.000 E L DISEASE - POLICY LIMIT $ 1.000.000 I OTHER $ i $ ! $ DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS WORKERS COMPENSATION COVERAGE IS PROVIDED TO ONLY THOSE EMPLOYEES LEASED TO, BUT NOT SUBCONTRACTORS OF THE NAMED INSUR D CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE VIP AMERICA LLC THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION 2500 KANNER WAY SUITE 1 OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, STUART, FL 34994 AUTHORIZED REPRESENT A TIVE 71>>'~~,A USA ACORD 25-S (7197) DISGRO 11880315 @ ACORD CORPORATION 1988 16E10 MEMORANDUM DA TE: July 17, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Contract #09-5227 "Services for Senior's" Contractor: Dial-A-Nurse Enclosed is an original contract, referenced above (Agenda Item #16EI0) approved by the Board of County Commissioners Tuesday, June 23, 2009. The second original contract will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions, you may contact me at 252-8406. Thank you. Enclosure Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ~~ I rf\70~ () d--b ?p.A~~ 'It 0 L ~!VbATE RECEIVE~" ~- ~~ r ~] ~6~JO 1/ Sf b 1. <-_ DO NOT WRITE ABOVE THIS LINE /}.J ~ ' ' wlb?l yf REQUEST FOR LEGAL SERVIC~ "iJ -l ~ S ~ () ;Jr ~~ .J-- ~~ IS e-{, V~ <tV tn 7)IS)b~ ITEM No.:D1'" ~ \(C,6tl.11 S FILE NO.: ROUTED TO: Date: 'l' July.8; 2009 To: Office of the County Attorney Jeff Klatzkow From: CSf2..' O~ I' \&;3 .oq Re: Contract: #09-5227 "Services for Seniors" Contractor: Dial-A-Nurse BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agen Item 16.E.10 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services RLS # 1)1 -jJl2.e - ~ (CJ. bS CHECKLIST FOR REVIEWING CONTRACTS 16 E 1 0 JJfAL-IJ- JJU~S2-, !fN~ Entity Name: Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ f M ll-- Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Workers Compensation Each accident Required $.s-r~. fW'IJIttJf Provided $ '"0)000 Disease Aggregate Required $ Provided $ S":/ (1()V Disease Each Empl Required $ Provided $ I ~ \ 00 P Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ __ Per Aggregate Required $ ~ Other Insurance Each Occur Type: ~Yes ~Yes --Y:::. Yes V Yes '2.Mt\... I M.lL- l. II 501 ,fJ() W~\V~ ~~~J~ Provided $ Provided $ Provided $ Provided $ Provided $ Exp Date Exp Date Yes Provided $ I Ml. L Provided $ '3 M-( L Required $ Provided $ County required to be named as additional insured? County named as additional insured? V Yes vYes Indemnification Does indemnification meet County standards? Is County indemnifying other party? ~es Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~ ~~. \.... f~;'\1\~ /Yes ~Yes --\L.... Yes ~Yes ~Yes -L Yes v'Yes Attachments Are all required attachments included? JYes ~Yes ~Yes No No No No 't" ~No No pOl CHf- ) ~~c.~-(') &Ut'pft'ltft- Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date tr/3 l,P I L t I \ , \ , I' Exp Date <--- Exp Date ~ Ito Exp Date L I Exp Date L . No Exp. Date Exp. Date ') / f7 //tI I t!- Exp Date_ No No No ~No Yes No Yes Yes No No No No No No No No No No ""- , . _ Reviewer Initials: ~ Date:~ 04-COA~ . 16EI0 MEMORANDUM i' " , TO: Ray Carter Risk Management Department LJ FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department Cf DATE: July ~ 2009 , _Ij~ j)P'!. _. ,/ nxA f r , \ I.- tV"..)() ....- .-/ RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Dial-A-Nurse This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Terri Daniels, Housing & Human Services DATE RECEIVED JUL 1 0 2009 RISK MAHAGEMENT 16EI0 mausen_9 From: Sent: To: Cc: Subject: RaymondCarter Friday, July 10, 2009 3:22 PM LynWood; DeLeonDiana DanielsTerri; mausen_9 Contract 09-5227 Services for Seniors All, I have approved the Certificate(s) provided by Dial-A-Nurse for contract 09-5227 which will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 16E10 DeLeon Diana From: Sent: To: Cc: Subject: Ted Wolfendale [twolfendale@dialanurse,com] Monday, June 29, 20092:57 PM DeLeon Diana Deemae Sell Dial-a-Nurse ~ l,~''\ 0'1/ ~ -'\~ Diana, Regarding item B, Business Auto Liability Coverage, Dial-a-Nurse, Inc. does not own any company vehicles. All of our patients sign a driving release in the event they are to be transported. This is how we have operated for thirty years, and would therefore request that you please waive this requirement. Sincerely, Ted Wolfendale, Esq. Administrator Dial-a-Nurse 1 Jul 12 09 10:08a .r~ '., ,"j . ,r~'''''-~. -\ :"~f]'~ " ','-' ~'--,,\ t t ;:: ~ \ I . :-.:...! ... .I I ,,~, III ,:",_ ~ -- '. -.;;. ....!-~. - , .. , I. ...... " ',."i' -- - Professioncl Nursing Core for your loved ones DiaiaQzrNurse@ Serving Our Community for over 25 Years 16E 1 0 June 24, 2009 Collier County 3301 Tamiami Trail East Naples, FL 34112 To Whom It May Concern: Permission is given for Ted Wolfendale to be an authorized signatory for Dial-a-Nurse, Inc. Signature~ Y;;:~/.rA- // Name: Lynette Grossenbacher Title: President & CEO ~~ 91L~ lIARClAJ.DlJMV MY COMMISSION t DO 735486 EXPIRES: Man:h 9,2012 BondodThN NoIDIy PUlIc lImlorlioko.. TIB Bonk Canter. 599 91h Street North, Suite 207 . Naples, florido 34102-5625 . (239) .:134.8000 From:Dial A Nurse Professional Nursing Care for your loved ones June 24, 2009 Collier County 3301 Tamiami Trail East Naples, FL 34112 To Whom It May Concern: 239 434 8796 DlaJ.a.Nanee 08/24/2008 18: 69 1783 P.001/001 16E10 ECEIVED J" f'c1 ^ ,~ ,urv / " "nng '- '" (vI) bt,,,,iP'MQINo Serving Our Community for over 25 Years Permission is given for Ted Wo1fendale to be an authorized signatory for Dial-a-Nurse, Inc. Signab=~ Name: Lyn e Grossenbacher Title: President & CEO 4 1 I TlB Bonk CAntf!lr. 599 9th ~trA..t Nnrth ~lIifA ?07 . Nnnl... I=I...ri,./,.. 'lA 1 n?I\A?I\ . 1?~OI A':lA_Annn www.sunbiz.org - Department of State Page 1 of2 16E10 ~-> ~* ~'>\J>>-~ . FLORIDA DEPARTMENT OF STATE .'~ it"'" t"~.:,..; ....., U :ill ,. ' ~ ll!~ DI\'IS[O~ OF CORPOR.\nO\~ .,.' ;~{~~!::. "', ,,:~:',t~.'r~.. ~ """'\;!.!'1%" ,<;Y Home Contact Us E-Filing Services Document Searches Forms Help Previous on Lis! NextQn Li~ ReturnIQ Lj~t No Events No Name History IEntity Name Search Supmit I Detail by Entity Name Florida Profit Corporation DIAL-A-NURSE, INC. Filing Information Document Number P01000053816 FEI/EIN Number 651109460 Date Filed 05/31/2001 State FL Status ACTIVE Principal Address 599 9TH STREET NORTH SUITE 207 NAPLES FL 34102-5625 Changed 01/22/2004 Mailing Address 599 9TH STREET NORTH SUITE 207 NAPLES FL 34102-5625 Changed 01/22/2004 Registered Agent Name & Address GROSSENBACHER,ROBERTJ 599 9TH STREET NORTH SUITE 207 NAPLES FL 34102-5625 US Address Changed: 05/03/2004 Officer/Director Detail Name & Address Title PC EO GROSSENBACHER,LYNETTE 599 9TH ST N, STE 207 NAPLES FL 34102 Title VPST GROSSENBACHER,LYNETTE 599 9TH ST N, STE 207 NAPLES FL 34102 Annual Reports http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inq_ doc _ number= PO 1 000053 8.,. 6/24/2009 www.sunbiz.org - Department of State Report Year Filed Date 2007 04/19/2007 2008 04/21/2008 2009 01/28/2009 Document Images 01!28/2009=-AN NLJAL.REPQRT 04/21,/2008,~~ANNLJAL.REPQRT 04/19/2007 =-ANNUAL REPORT 04/24/2006 =--ANNUAL REPORT OQ/03/2005 =_ANNUAL REPORT 05{Q~L2QQ.4_=_6NN!J_AL._RI;PQRI 04/25/2003~~ANNUAL REPORT 0410212002=--6NNWAL. REPORT OQI~j !20QL::_Oom~::;tjG,Profit Page 2 of2 16EIO View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. pre"iQ!,'-~L91LI,JS! No Events No Name History ~~l5!9JLl,.j~! B.!tlu rn, 10 l..j~t IEntity Name Search Submit I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I COPYright and Privacy Policies Copyright @ 2007 State of FlOrida, Depa'tment of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=PO 1 0000538... 6/24/2009 16E10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Dial-A-Nurse, Inc., authorized to do business in the State of Florida, whose business address is 599 Ninth Street North" Naples, Rorida 34102, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County I': WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the tenns and conditions of ITQ 109-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Slats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the perfonnance 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: Page 1 of7 16E10 Dial-A-Nurse, Inc. 599 Ninth Street North Naples, FL 34102 Attention: Ted Wolfendale Telephone: 239-434-8000 Facsimile: 239-434-6795 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 A ttention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, P.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or pennit 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 Page 2 of7 16E10 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 manneJ'satisfactory to the County as per this Agreement; the County may terminate said agreement for cause; furtheJ' 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. ~ The Vendor shall provide insurance as follows: /A. ~ial General Uability: 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. e7 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-0wned /Vehicles and Employee Non-Ownership. k. 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 Lia bili ty PoHcy . Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Vendor shall insure that all subVendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent pennitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any Page 30f7 16[10 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 01 reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragYaph. This section does not pertain to any incident arising from the sole negligence of Collier County . 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACI'. 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 ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFI'S 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 Olapter 112, Part IIl~ 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, finn, 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 finn 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 Refonn and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally tenninate this agreement immediately. Page 4 of7 16E10 19. OFFER EXTENDED TO OTHER GOVERNMENT At ENTmES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution. and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida, The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102/ Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page.5 of7 16E10 IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an au thorized person or agent, hereunder set their hands and seals on the date and year first above written. cO'-. BOARD OF COUNTY COMMlSSIONERS ::LLJER/f!=R'~ Donna Fiala, Chairman A ITEST: Dwight ~,\~(~rk of Courts "i'o, ',...'! .,)' "'. '-~ A' . ~ i --' Dial-A-Nurse, Inc. tJ~ ~\nv JdL First Witness By: Vendor // )t/#; v Signature ______~ D Ee: rrt~ r S(Ll fTy ellprint witness na '/ JEt' lJ)Ol fEt\\UU\Ll: 1!\.DlY\LclJS\~A\Of\ Typed signature and title econd Witness , 1l{jc,h?Je :71fY?nflldb fType/print~tnessruunef Item# j(P~D Page 6of7 16EIO APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEFlUNIT OF SERVICE Total Cost Reimbursemeot Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ l.1} per Day $ 1.00 Hom.emaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursiog $38.89 per Hour $35.00 Specialized Med Equipment t 00% cost 900/0 of cost Facility Respite (24 Roun) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 70f7 From:l<risten Himmel FaxlD: Page:2 of3 Date:7112eot3 pip~ of 3 ~ ~R CERTIFICA TE OF LIABILITY INSURANCE DATE IMMlDDIYYYYI OP 10 HIKRI DIALA-1 07/07/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sabrina C Dulaney Ins Agcy Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1217 Piper Blvd suite 102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. naples FL 34110 Phone: 239 254-9005 Fax:239 254-9002 INSURERS AFFORDING COVERAGE NAIC# ./ I~JSURED -.. --.,.,---" , ./ INSU~ER A Nationwide Insurance 25453 ! II-JSUREt;; B .~-, Dial-A-Nurse Inc. INSURER C 599 9th street N #207 II.'SURER D Naples FL 34102 ,.-,._---~-- ~' - I 1t.ISURER E COVERAGES Tl'iE POLICIES OF INSURilNCE lISTEC- BELOW HAVE BEEN ISSUED TO TIlE IflSURED NAMED AEovE FOR THE FOLIC (FERIOD INDICil.TED IJOTWITI'ISTAlIC'n,G N'N RE')UIREM,,'.IT TERM OR CO"JDITIOI.j OF NJY COIHRACT OR OTHER DOCUME'.(j' WITH RESPECT TO WHIo:H THIS CEhTlFICATE ~N\Y BE ISSU"D ,)f; MAY PERTAII,J THE II'ISUR,AIKE AFFORDED 8'1 TI.t:: POLICIES DESCRIBED HEREIN IS SUBJECT TO ,ALL THE TERMS, EXCLUSIONS N'D cmJDITIOllS OF SUCH POLICE,S AGGREGATE LIMITS SHOWN MAY H'\VE 8EEIIREDUCED 8'1 PAID CLAIM" LTR flSR[ TYPE OF INSURANCE POLICY HUMBER DATE (I4MJDDIYYYYI DATE IMMIDDIYYYY) LIMITS GEIJERAL LIABILITY EA.CH 0CCUR~EIKE $1,000,000 - 07/03/09 07/03/10 L.!,,~t~..,c I v KC" IE'"' A X X COMI.1ERCIAL GEnERAL UilBILlTY 77B07189053001 P"EJAIS"S lEa o"crence) $ 50 ,000 - b (LA.lMS M"DE 0 OCCUR ,,-~ I-- tilED E),:F :Any one pe-r!'ion) $ 5,000 PERSCNA,L & ADV INJURY f1,000,OOO - ---~',~, (.EIJE!;AL A':;GPEl~ATE $2,000,000 I-- GEfI'L AGGRE':ATE LIMIT APPUE:;; PER r"ODUCTS' COMP/OP AGG $ 1,000,000 II n PRO- nLC": POLIO JECT AUTOMOBILE LIABILITY COM81NED SINGlE LIMIT - lEa acel d.;=.nlj f AUy AUTO '-- i ALL OWNED AUTOS DOJIL Y H'JJURY - (Per perslJn) S S<:HEDllED AUTO" - HIRED NJTOS BODIL Y II-IJUf;'i - (P€'r acclder,l) $ HO~-.l.OV',,'NED AUTOS I - PROPERTI D,AI.1AGE $ (Oer accIdent) GARAGE LIABILITY AUTO ON;' Y E.. ACClDEI.JT I $ =j ANY AUTO EAACC 1$ ^,-.- U1HER lHAN ALTO O/.ILY P.GG $ EXCESS I UldBRELLA LIABILITY EACH OCCUFiREI;CE $ o OCCUR o CLAIMS MADE AGGRECATE $ I $ R DEDUCTIBlE 1$ RETENTION $ 1$ WORllERS COMPENSATlON IT6~'ylm~ I I "ER I AND EMPLOYERS' LIABILITY Yltl 1$ AlJ'i PROPRIETORiPAATN"R/EXECUTIVE 0 E L EACH ACCIDENT OFFICER/I.1EM8EP EXCLUDED? E L DISEASE. EA EMPLOYEE I $ (Mondotory In NHI If yes, de5cnb~ under E L DISEASE. POLICY LIMIT 1$ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCAll0NS I VEHICLES I EXCLUSIONS ADDED BY EllDORSEMENT J SPECIAL PROVISIONS Collier County Board of County Cormnissioners narned as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD AllY OF THE MOVE DESCRIBED POLICIES BE CAtlCELLED BEFORE THE EXPIRATION COLLI-3 DATE THEREOF, THE ISSUItJG INSURER WILL ElmEAVOR TO hlAIL ~ DAYS WRITTEN NOTICE TO THE CERllFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Collier County Board of IMPOSE NO OBLIGATION OR LIABILITY OF AllY Imm UPON THE INSURER, ITS AGENTS OR County commissioners REPRESENTATIVES. Attn: Lyn H. Wood AUTHORIZED REPRESENTATIVE 3301 Tamiarni Trail East sabrina Dulaney Naoles FL 3411.2 ACORD 25 {2009/011 @1988.2009ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From:Kristen Himmel FaxlD: Page 30f3 Date:7f712009 03:43 PM Page:3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL Ir-.JSURED, 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 This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 2S (2009101) ~_~'\llIlnllllll!ilil.IlIiIIIMl.__1iIi'I -.q- ""'nr'l>".........._."'-';...~,"'" eRbe PRODUCER CERTIFICATE OF LIABILITY INSURANCE Bouchard-Fort Myers 8191 College Pkwy Suite 202 Fort Myers FL 33919 Phone: 239-489-3232 Fax:239-489-1084 INSURED ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE Dial-A-Nurse, Inc. DeeMae Sell 599 9th Street North Suite 207 Naples FL 34102 COVERAGES INSURER A: INSURER B: INSURER C: Florida Retail Federation SIF Evanston Insurance Com an NAIC# 10700 35378 INSURER D: INSURER E' 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f; ~'S~[ ---,-...- - - -- - ---- -- . tRfd~~~rt6/~)- g~~If(t,t~b6~r-- -- --- ------------..- ------- TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1-- DAMAGETCYRENTEU----- - ----- COMMERCIAL GENERAL LIABILITY , P~MISES (Ea occlJ[~n~"l__ $ f-- ~] CLAIMS MADE .~ OCCUR -_._._---~ M[O() ,E)(pJ~ny_ one pers."l1l_ $ f-- ------------------ i PE_RS_~N~L<I.~DV INJURY_ $ f-- ----,---',',._-',-...._._------ --------..- ~GENERALAGGREGATE $ 1-- "-.---------- ----- GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ II nPRO- r- -I LOC ---------- -------- -- POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- (Ea accident) $ ANY AUTO i--- ---- - - - --------- ALL OWNED AUTOS BODILY INJURY '--- (Per person) $ SCHEDULED AUTOS ~ -...- HIRED AUTOS BODILY INJURY '--- $ NON-OWNED AUTOS (Per aCCident) ~ --- - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR ~ CLAIMS MADE AGGREGATE S -"-~ / S R DEDUCTIBLE ----vL S I --- 1----- --_._--_.~.- RETENTION $ I ! $ WORKERS COMPENSATION I I I ?ChQB'r'L1MITS- I IUJ~- AND EMPLOYERS' LIABILITY Y / N -- ---------- A ANY PROPRIETOR/PARTNER/EXECUTiVe 052032524 01/01/09 01/01/10 E.L EACH ACCIDENT $ 100000 OFFICER/MEMBER EXCLUDED? ---------.-'----- ----- ----_._-,-'--~ ,"---- (Mandatory In NHI E.L. DISE~SIO_:E_Er,,!_L()Y.EOE $ 100000 ~~~MtS~~6v':~?6~s below ___________________n_ --.-- E L, DISEASE - POLICY LIMIT $ 500000 OTHER I B PROFESSIONAL LIAB I SM858989 07/07/09 07/07/10 PER CLAIM 1,000,000 AGGREGATE 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS * TEN DAYS WRITTEN CANCELLATION FOR NON PAYMENT * RE: CONTRACT #09-5227 COLLIER COUNTY SERVICES FOR SENIORS CERTIFICA TE HOLDER CANCELLATION COLLIER COUNTY BOCC PURCHASING DEPT 3301 E TAMIAMI TRL NAPLES FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TION COLLIER DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AU 0 ATIVE ACORD 25 (2009/01) 988- 09 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD "","_""r~1rnr"n,- 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 This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) ORIGINAL DOCUMENTS CHECKLIST & ROUTING J:9 E 1 0 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Plint on pink paper. Attach to original documcnt. Original documcnts should be hand delivcrcd to the Board Office. The completed routing slip and oliginal documents are to be forwarded to the Board OiTiee 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 exc tion of the Chairman's si nature, draw a line throu h routin lines #1 throu'h #4, co lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Oft1ce Initials Date (List in routin order) 1. (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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe 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 Scott R. Teach, Deputy County Attorney Contact Agenda Date Item A roved b the B Type of Document Attached 2. 3. 4. Scott R. Teach, Deputy County Atty. County Attorney SRT 7-31-09 5. Clerk of Court's Office b13\D 252-8400 16.E.1O Two Yes (Initial) SRT N/A (Not A licable) Board of County Commissioners SRT SRT SRT SRT SRT 6. PRIMARY CONT ACT INFORMATION Phone Number -. Agenda Item Number I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 09-PRC-01264!5 Agreement 09-5227 Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 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 a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC oflice within 24 hours ofBCC 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 our deadlines! The document was approved by the BCC on 6-23-09 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 16 E 10 1 MEMORANDUM Date: August 4, 2009 To: Joanne Markiewicz, Acquisitions Manager Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #09-5227 - Senior Services Attached for your records, please find an one (1) original document referenced above, (Agenda Item #16E10) adopted by the Board of County Commissioners on Tuesday, June 23, 2009. One original document has been kept by Minutes and Record's Department for the Board's Official records. If you should have any questions, please contact the Minutes and Records Department at 252-7240. Thank you. 16 E 10 A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between 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 If Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "Countylf: WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2012. 2. STATEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal as set forth in Appendix 1, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page I of 7 16EI0,t 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 317 N. Collier Blvd., Suite 201 Marco Island, FL 34145 Attention: Janel Hanna Sine, Administrator Telephone: 239-389-0170 Facsimile: 239-389-0164 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80/ F.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 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 federat state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16 E 10 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: ~ 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. o? 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. ~e 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 Lrisured 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. Renewal certificates shall be sent to the County thirty (30) days prior to a[lY expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page3of7 16 E 10 , Vendor shall insure that all sub Vendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRA TION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 401'7 16 E 10 i responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16 E 10 .~ IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: . . ., Dwi htE Broek, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: !jJ~ J~ Donna Fiala, Chairman By: Dated: l (SEAL) A-tttst... 'W_ 11 "'at....' .' Always There Home Health Care, Inc. Vendor '-i~a~,-rOR~ First Witness 1) 1,J\. "'-..O~ 'b.L GL G '") tType/print witness namet (~~.t!.. \2'f" Second WItness!,)! Byt~ ~1Jvh!6t ( Signature ~llfl~ \ ~li.Y\OQ ~~f yped signature and title (ll-kl v,lj ? or)"J , tType/print witness namet ~ . ounty Attorney \)~ , ....""1 ~ CA)iLJl/~eL - Print Name L Page 6 of7 16El0'~ APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEE/UNIT OF SERVICE Total Cost Reimbursemen t Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 From: Michael Koehne Fax: (866) 792-8009 To: +12392526597 Fax: +12392526597 1 CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 A CORD_ PRODUCER Chapel Insurance Assoc., Inc. Box ~010 Haddonfield NJ 08033 Phone: 856-795-7500 Fax:856-795-9877 INSURED Always There Home Health Care Ine . 317 North Collier Blvd Marco ISland FL 34145 COVERAGES DATE (MM/DDIYYYY) ALWAY-3 07 07 09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURER A: INSURER B: INSURER C: :~~_R~Ft D: ! INSURER E' Amerie~ ~lternativ. lnau.:ruu:. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM ORCONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRI6EO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POliCIES. AGGREGATE liMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. I ~ RATrON ---.....- LTR NSRil TYPE OF INSURANCE POLICY NUMBER DATE MMI DATI!./MMlDDIYYi" LlWTS GENERAL LIABILITY ! EACH OCCURRENCE ; $ 1, O()O ,.000 I--- A ~ COMMERCIAL GENERAL LIABILITY BG305188002 03/04/09 ; 03/04/10 PREMISES (E. oCC\j,!,nce) $1,000,000 f--- ~ CLAIMS MADE D OCCUR MED EXP (Any aile person} $50,000 n_ , PERSONAL & AOV INJURY $1~000,OOO . . .- .- , , GENERAL AGGREGATE $3,000,000 - __0" - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG 53,000,000 I n PRO. 1----, ---... .---- POlICY JECT i LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANV AUTO (E9 acCident) - i --. ~'-' ALL OWNED AUTOS BODilY INJURY - I $ SCHEDULED AUTOS (per person) - -- HIRED AUTOS I- I aODIL Y INJURY S NON-OWNED AUTOS (Per accidenl) ~ .-. ! - -- PROPERTY DAMAGE $ I (Pe' acadenl) GARAGE LIABILITY AUTO ONL Y - EA ACCIOENT $ ~ ANY AUT~ ---- __0'0 OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY , EACH OCCURRENCE S~,OOO,OOO A c::::l OCCUR ~ CLAIMS MADE , HUS05043302 03/04/09 03/04/10 AGGREGA TE 51,000,000 --_._-~--. .- ._~~- .-. - R DEDUCTIBLE ___no S .n S RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS T IUJ:t EMPl.OYERS' LIABILITY ANV PROPRIETORlPARTNERiEXECUTIVE E.L. EACH ACCIDENT $ - OFFICERIt.IIEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~Mi"~~v'i~\'5'NS below ..-- .. E.L. DISEASE. POLICY LIMIT S OTHER A Professional HG305188001 03/04/09 03/04/10 Occurence 1,000,000 Liabilitv 1 Aqqreqate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE81 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The Certificate Kolder :Is Named As An Additional Insured On The General Liability Policy CANCELLATION COLLI -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDeAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVe CERTIFICATE HOLDER Co11ier County CCC Diana De Leon 3301 Tamiami Trail East B1dg G Naples FL 34112 ACORD 25 (2001108) Michael Koehne JUN 29 2009 11:16 FR TO 12392526597 P.01/01 16 E 1 O.~ A CDRQ. CERTIFICATE OF LIABILITY INSURANCE THIS,CERTlFICATE IS ISSUED AS A. MA.TTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CEA11FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (;ER'nI'ICA'rl! NO. I OA fl! Ai~C~].H"nOl::n ACl7Ei4":' l;;/;;lf,i;;l009 ;'I i rn:.1:W~1 PRODUCER R~~npQ~nt ~~.k S.~~~.. LLC 141GO D.11.. Pa~kway #500 Oa11.., TX 15254 (800) 632-5096 (972) 715-0959 :f'ax: (972) 404-44.50 INSURERS AFFORDING COVERAGE INSURED: .::qL\ity Group Leasing I, It'lC: 1/,~/f: ALI"A't~ nJii:RE HOMO: HEALTa CARE 31 i NOP-Tll COLLIER !lLVD ~UI'rE 201 MARCO I.%AND, n 3H45 T~39) 3~9-0170 Fax: INSUR!A A' INSURER B: INSURERC: INSURER 0: INSURER "', rc i',"", (.. { 11 ;1 THIi PO~IOla OF IN$UAANOE LIStEc IlfiLQW HAVE BEEN ISSUEll TO THE INSURED NAMI!D ABOVE FOR THE POLICY PI!RIOD INDtCATl!D. NOTWITHSTANDING ANV REQUlRSlt:NT, TERM OR CONlIITION OF ANV CONTRACT OR OTHER DOCI.IUIENT WITH RESPECT TO WHICU THIS OEFlTl~ICATE MAV !IE l~lJ~D 01'1 r.lAY PERTAIN. THE INSUllANCe APfollDED BY TliE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERLIS. EXCLUSIONS AND CONOITIONS OF $l,I(;H POLICIES. AQCiRI:QATE LIWTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !~~R TYPE O~ lN$UA""Ce POLICY NUMBER PO ICY E~pI!CYIllE PO';icy. el<PI'UITIO LIMITS ..2fNERAL LIAIlILITV eACH OCCURRENce $ - Or.oMIiiR(;IAL GIiiNI;RAL LIABILITY FIRe CANACle tAllY aM Firel S - CLAIMS MAOE 0 OOOUR IoM:D EXP (Anyon. o.....nl $ I- PE R50NAL & AD~ INJURY S I-- GIiiNERALAGGREGATe S nN1. AGGREGA"~ L1MII APPLieS PEF\: PRODUCTS. COMPIOP A~ $ POLICV n ~~~ n LOC .!.UTDMOBft.e UABIUTV CDMBINEO SIN<J.LE LlIII:T S ANY AUTO (Ell ...d""l) - - AU OWNl[O AuTOS 8001L Y INJURV ~ - SCHEDULED AUTOS (Per P"'.O'l) - HIREC AUT06 ~ODILY INURY " - NON. OWNED AUTOS {P.~h' ./lC':ClljOlln PROPIiiRTY DA....GE ~ \pe' aCClden:1 RACE I.IABIUTY AUTO ONLY. EA .ACCIDENT " ANY AlJl'O OTHER THAN EA"ee S Ai.-TO aNi. V: A(lCJ $ ~CESS LIABILITY EACM OCCURRENCE & I--- OCCuR D Cl,AlMIj r.olIllE At;GREGATe s I-- & I-- OEDuCTIIlU; s AHE~mON " s WORKERS COMPENSAnoN AND WC77779990\101 O~/01I?OI)9 04/0"/2010 x IwCl'iTAtU: I IO/,\i' DlPLOYER9' LIABILITY :1 (){J (J (I 1.1 U ~.L eACH ACCII;ll;NT $ A E.L. DISEASE. e... EMI'LOYEE ~ ,0000(1) . E.L. OIS~$~ ' PO~ICY ""IT " iOOl/UDO RHeA LIMITS $ ~IMlT$ $ 1. rhi~ c~rtifica~e remains in effect, provided the =11~nt'a ~ccount is in ~OOd ~t~ndLnq wIth Equity Group Leasing I, Inc. Coveruge is not proll r.'~(".l for iin~ employee for wrlicl1 ..l'w <, L~('nt is not report log waqes to Equitr Grou, LeaSin2 I Inc. .1\~~hQ~ t" 100 of the emplo:r.:c:; of Equit~ Graul? I.,""I.~Lr)~ I, InCl<.:<I:;cd to A WAYS H!Rt 1'10 E HEALtH r:.A , "'tf...crive 04/01/2009. ~. Prcj"C1; :rn;,O:CJ~()tl('l1:. C '$S. CERTIFICATE HOLDER I I ADDITIONAl. INSURED: INSUIl~1I UiTTER: CANCELLATION II,. ., DATE TMEIll!O~, Ttl10 ISSUING INSURER WlL.L ENDEAVOR TO MAIL 19. DAYS WRITlf.N COlli~[, Bee NOTICE TO THI! CERTIFICATE HOUlER NAMED TO TH!! LI!FT, BUT FAILURE TO tlO SO Stt"LL ATTN D~ANA DELEON IMPOjE NO llHU~ATION 01'1 LWlILITV OF ANV 1(1110 UPON THIII\ISURl!lI. /11!; ....ENTIj OR ])01 Tamiami.a 'fr,'1Jl F.~~t REPREj""T.I,T1YES, Nep1"'G. FL 34.11Z .l,UTHORI21!D AI!PFlEIlI!NTATIYE .~ - . :,.... ACORD 2S.S (7/97) It> ACORD CORPOR"ATl"ON19S8 / ** TOTAL PAGE.01 ** 16EIO MEMORANDUM Date: August 14, 2009 To: Rhonda Cummings, Purchasing Contract Specialist From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5227: "Services for Seniors" Contractor: Maranatha Home Care, Inc. d/b/a Premier Home Health Care of Florida Enclosed is one original contract, referenced above (Agenda Item #16EIO), approved by the Board of County Commissioners on Tuesday, June 23, 2009. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure Date: tt'V~ '..,:': !3cJ-' ~ ~:;U'&:;.;~ wr.A ~~ (:1lt .\1;, rr Office of the County Attorney'"Dv-J- 1 ( (\ Jeff Klatzkow rl- P- ~ ':::> ~ Lyn M. Wood, C.P.M., Contract Specialist Jr, llt~ l ) 111 Purchasing Department, Extension 2667 'f.Jf ~ ~ cro 1 ')' ~ Contract: #09-5227 "Services for Seniors" 1 ~ ~ "', Contractor: Maranatha Home Care, Inc. d/b/a Premier Home /' ~ A Health Care of Florida ~}~:)/) 'I 16E10 I""J . ......- ... '-c:l ~ - \\ -09 f'\t S\.t.Uf n.' 'no: U W. (-, '0 -d {,:-:r:::r[j).tVEE TI8ECEIVED: \,...,; i I -j:""'" '_.'1 I j ;C '>, \,1 -', !;.-' f ITEM NO.: 01 ~ w.c~ 0 !;>'7<; FILE NO.: DO NOT WRITE ABOVE THIS LINE ROUTED TO: REQUEST FOR LEGAL SERVICES July 24, 2009 To: From: Re: BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Terri Daniels, Housing & Human Services MEMORANDUM 16EIO TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department J2Y ft <'--~ 2)->r DATE: July 24, 2009 RE: Review Insurance for Contract: #09-5227 "Services for Seniors" Contractor: Maranatha Home Care, Inc. d/b/a Premier Home Health Care of Florida This Contract was approved by the BCC on June 23, 2009, Agenda Item 16.E.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW RE.G'EJ\JE.D \lL 111~~f?J ~ , 'Nr:..GEME~ P.\s\<- MP-. C: Terri Daniels, Housing & Human Services mausen_Q 16EIO From: Sent: To: Cc: Subject: RaymondCarter Monday, July 27,200910:04 AM LynWood mausen_g; DeLeonDiana; DanielsTerri Contract 09-5227 " Services for Seniors" All, I have approved the certificate of insurance provided by Maranatha Home Care, Inc. d/b/a/ Premier Home Health Care of Florida. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 www.sunbiz.org - Department of State 1 6 E IPe 10f2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List R~tyrn IoL,t$t Events No Name History IEntity Name Search Submit I Detail by Entity Name Florida Profit Corporation MARANATHA HOME CARE, INC. Filing Information Document Number GOl5?? FEI/EIN Number 592329885 Date Filed 11/08/1982 State FL Status ACTIVE Last Event CANCEL ADM OISS/REV Event Date Filed 12/09/2008 Event Effective Date NONE Principal Address 5440 PARK CENTRAL COURT SUITE # 2 NAPLES FL 34109 US Changed 12/09/2008 Mailing Address 360 HAMILTON AVENUE SUITE 120 WHITE PLAINS NY 10601 US Changed 12/09/2008 Registered Agent Name & Address SCHWABE, ARTHUR 5440 PARK CENTRAL COURT SUITE 2 NAPLES FL 34109 US Name Changed: 11/06/2006 Address Changed: 12/09/2008 Officer/Director Detail Name & Address Title PO SCHWABE, ARTHUR 360 HAMILTON AVENUE WHITE PLAINS NY 10601 Title ST http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=G07577 &in... 6/2412009 www.sunbiz.org - Department of State 16 E 1 Qge2of2 SCHWABE, PAUL 360 HAMilTON AVENUE WHITE PLAINS NY 10601 Annual Reports Report Year Filed Date 2007 04/18/2007 2008 12/09/2008 2009 03/19/2009 Document Images 03/1 ~/2QQ9=.A.NNUAl REPORT 12!Q9/2008=BEINSIAIEMENI 04/18/2007 = ANNUAL REPORT illQQ/~Q09 -- At'-jl~JL.A.hB~EQRT 02/03/2006 = ANNUAL REPORT 04/15/2005 = ANNUAlBE:PORT Q5/Q4/2Q04.=.A.ritiUAlBEPORT 04/Q4/2Q03 -- AN N UA1J3E;P~RI 04/22/20Q2=ANNUALBEPORT 09/2g!2QQJ_= ANN VALRE:PORI Q9/J5/2QQQ=-.A.t-tNUALREPORI Q311111~99-- ANNUALI3EPQRI 03/23/1998 -- ANNUAlBEPORI 03/14/19JE=,LiNNUAl REPORT Q1l1811~9Q -- ANNUAl.. REEQRT 04117/1995 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I Note: This is not official record. See documents if question or conflict. I e:Y~nl~ No Name History Next on List Return To List Previous on List IEntity Name Search Submit .1 I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in<L doc _ number=G07577 &in... 6/24/2009 16EIO · p!!:n!!/}!!!f/!;7dCl June 26, 2009 To: Collier County SIGNATURE AUTHORIZATION LETTER I, Arthur Schwabe, President and CEO of Maranatha Home Care, Inc. d/b/a Premier Home Health Care of Florida, authorize Gregory Turchan, Chief Operating Officer, to sign a Contract on behalf Maranatha Home Care, Inc. d/b/a Premier Home Health Care of Florida. ~jk :Jkmk Signed UrfhlAY SchWtlbp f:!sidf/1fai'd eEl) Printed Name and Title: I -7/23/0C} Date l ' c2f3-~I<d~ / 7-23-cfJ ~ ,'\LlCt; J. LOUSSERO d ND1Aqy PUBliC SlATE OF NF.WYO~/{ :~'O 0';'/...06043539 "t; QIJALlF,icc.' j ,I~; '!."IL^'-/":"'" cr)' il,r'rv . . """":. U 'I r",,"l.. \. 'j O!l1M,ISSiiJN [Xi'IRU; JUi~Eig, 20i,~ 360 Hamiiton Avenue, Suite 120, White Plains, New York W601 Phone 914-428-7722 Fax 914428-240L 16E10 PflE/!!!l!:!idtl June 26, 2009 To: Collier County SIGNATURE AUTHORIZATION LETTER I, Arthur Schwabe, President and CEO of Maranatha Home Care, Inc. d/b/a Premier Home Health Care of Florida, authorize Gregory Turchan, Chief Operating Officer, to sign a Contract on behalf Maranatha Home Care, Inc. d/b/a Premier Home Health Care of Florida. Sig~jhu1 /JJu~ drfhtA.r Schwahe r~/c;IJf,JaV\cI CllJ Printed Name and Title: I 7/23/01 Date l 360 Hamilton Avenue, SUite 120, White Plains, New York 1()601 Phone 9144281722 Fax 914-42B2404 16E10 tJ/22'!' RLS# t)c(-Iu- CHECKLIST FOR REVIEWING CONTRACTS Entity Name: Mltlt.A.tJATI4I1 '/ft'J'Nf..I!AIJ.f. . INt!. d.fp/4. fJP.€'M.lffi.HI')C'C..I{-u'L.TIIC!ARf.. ()F / I , FU'/Lrpf# ~Yes No ~Yes No Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ I ""-l .... Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ l M.l L. Workers Compensation Each accident Required $.5'\4\1. ~'M,1 Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ f OMtL Aggregate Provided $ t I Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:f{I'~SS ~e., ~Yes ~Yes Yes ~Yes Provided $ Provided $ Provided $ Provided $ Provided $ 3t"r..\L jl I \M.L L. tl re, t1fJO Provided $ l M.l \ Provided $ . f'tlt', et?o Provided $ I I' Provided $ I' No No -LNo No Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date Z("t.-/ID ,f < I .. II Exp Date :;. f'Z< 110 Exp Date 2.{tP(lD Exp Date , ( Exp Date I , ExpDate ~/z..JID Exp Date ' J -0es Provided $ Provided $ Provided $ IF> M.l L Required $ - County required to be named as additional insured? County named as additional insured? ~Yes V Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? /Yes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: I.. 'r~ f'F Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~Yes V'" Yes ~es ~Yes A-urlH'A.tM 7/"1V ~Yes V'" Yes ~Yes Attachments Are all required attachments included? /Yes No Exp. Date Exp. Date _ Exp Date 2/"Z- /I/) No No No ~o Yes No Yes Yes ?i 'f( J ()~ ~~ No No No No ~ Reviewer lnitials: Date: 'f 04-COA- 030/ 22 16EIO A G R E E MEN T 09-5227 for Services for Seniors THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Maranatha Home Care Inc. d/b/ a Premier Home Health Care of Florida, authorized to do business in the State of Florida, whose business address is 5440 Park Central Court, Naples, Florida 34109-6003, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2012. 2. ST A TEMENT OF WORK. The Contractor shall provide Services for Seniors in accordance with the terms and conditions of ITQ #09-5227 and the Vendor1s proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal as set forth in Appendix I, Contract Rate Caps, attached hereto and made an integral part hereof. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page 1 of7 16EIO 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: Maranatha Home Care, Inc. djbj a Premier Home Health Care of Fla. 5440 Park Central Court Naples, FL 34109-6003 Attention: Gregory Turchan, COO Telephone: 239-597-7118 Facsimile: 239-597-7624 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.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 now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of7 16EIO 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: ~. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. ~' Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. /c. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. ~peciaI Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additio~l 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. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of7 16EIO Vendor shall insure that all sub Vendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and ITQ #09-5227 Specifi- cations/Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 16EIO responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 US.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 upon satisfactory negotiation of price by the Contract Manager and Vendor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of7 16EIO 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. By: ( . I. " Datecl:> ". >/~)_':""'".c.~ , ;~i.':~>' ~ ';" ;~.~/ ".' BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA ~d~ By: ATTEST: Dwight E. Brock, Clerk of Courts Donna Fiala, Chairman Maranatha Home Care, Inc. d/b/a Premier Home Health Care of Florida 4 "L ,:,,~ ~.) ~V~$J Irst WItness .~ V' kvl2 <:) tType print witness namet ~~ Second Witness By: en~ Gregory Turchan, COO Typed signature and title .VPY{-4te Gd~ tTypej print witne s namet Approved as to form and le~fficiency: ~f)pj~ -i\s3i~taII~ County Attorney btfl'l~1 S t4# 12 k~;tL. Print Name Item # ~lR8D Page 6 of7 16EIO APPENDIX 1 CONTRACT RATE CAPS SERVICE MAXIMUM FEE/UNIT OF SERVICE Total Cost Reimbursement Adult Day Care (CCE) $10.00 per Hour $ 9.00 CHORE $20.00 per Hour $18.00 Enhanced CHORE* $30.00 per Hour $27.00 Emergency Alert Response System $ 1.11 per Day $ 1.00 Homemaker $20.00 per Hour $18.00 Personal Care $22.22 per Hour $20.00 Respite (In-Home) $20.00 per Hour $18.00 Respite (In- Facility)ADI $10.00 per Hour $ 10.00 Skilled Nursing $38.89 per Hour $35.00 Specialized Med Equipment 100% cost 90% of cost Facility Respite (24 Hours) $138.90 per 24hr. $125.00 per 24hr. * Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time. Page 7 of7 ~ PRO 16E CERTIFICATE OF LIABILITY INSURANCE OP 10 GR FREMI-4 07/23/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miller & Miller Insurance 720 Commerce street Thornwood NY 10594 Phone: 914-741-6400 Fax:914-741-6407 INSURED Maranatha Home Care Inc DBA Fremier Home Health Care of Florida 5440 Fark Central Court, Ste 2 Naples FL 34108 INSURERS AFFORDING COVERAGE INSURER A Col umbia Casual ty CO INSURERB National Continental Ins INSURER C. Hartford Fire Insurance CO INSURERD Commerce & Industry Ins Co 162 19410 INSURER E Allied World Hat' 1 As,Suranr::eCo 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS V LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYYYY) b2f~crMMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000/ r-- 02/02/09 02/02/10 UAMA\jt:: $ 50 ,000 A X X COMMERCiAl GENERAL LIABILITY HMA2097466454-1 PREMISES lEa occuranca) I- ::::J CLAIMS MADE o OCCUR MED EXP (Anyone parson) $ 5,000 r-- A X Frofessional Liab HMA2097466454-1 02/02/09 02/02/10 PERSONAl & mv INJURY $1,000,000 CLAIMS MADE GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMPIOP AGG $3,000,000 n n PRO- nLOC POLICY JECT V AUTOMOBILE LIABILITY $1,000,000 .,/ I- COMBINED SINGLE LIMIT B ANY AUTO CNYOO070829939 02/02/09 02/02/10 lEa accident) I- AlL OWNED AUTOS BODIL Y INJURY I- (Par parson) $ SCHEDULED AUTOS l- X HIRED AUTOS BODIL Y INJURY I- (Per aCCIdent) $ X NON-OWNED AUTOS I- 02/02/09 02/02/10 C Fidelity Coverage 16BDDBP3248 PROPERTY DAMAGE Limit $50,000 (Per aCCl dent) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONL Y AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 A o OCCUR ~ CLAIMS MADE HMC2097466468-1 02/02/09 02/02/10 AGGREGATE $ 10,000,000 $ H DEDUCTIBLE $ X RETENTION $10,000 .,7 $ WORKERS COMPENSATION . 1_ WC STATU- I IU~~ ./ AND EMPLOYERS' LIABILITY X TORY LIMITS YIN D ANY PROPRIETOR/PARTNER/EXECUTIVE 0 WC5317307 02/19/09 02/19/10 E L. EACH ACCIDENT $500,000 ~ OFF ICERAvlEMBER EXCLUDED? (Mandotory In NH) E.L. DISEASE - EA EMPLOYEE $500,000 If yes. describe under E.L. DISEASE - POLICY LIMIT $500,000 SPEC IAL PROVISIONS below OTHER E Excess Liability C008983002 1/ 02/02/09 02/02/10 EachClaim 10,000,000 Aggregate 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDO~MENT I SPECIAL PROVISIONS Collier County Government is named as additional insured AS PER WRITTEN CONTRACT.*Folicies shown are subject to terms, conditions, exclusions, sublimits and deductibles not listed on this certificate. We recommend that requests for policy copies be directed to the Named Insured shown above. * CERTIFICATE HOLDER Collier County Government 3301 Tamiami Trail East ales FL 34112 ACORD 25 (2009/01) / CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIE? DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. rrs AGENTS OR REPRESENTATIVES, AUTH ED PR SENTATlVE @1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I M PORT ANT 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 This Certificate of Insurance does not constitute a contract between the issuing insurer(s). authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01)