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Backup Documents 12/01/2009 Item #16E2 16[2 MEMORANDUM Date: January 12, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #09-5343 "Blueprint for Wellness Services" Contractor: Quest Diagnostics, Inc. Attached is an original change order, referenced above (Item #16E2) approved by the Board of County Commissioners on December 1, 2009. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8411. Thank you. Attachment ITEM NO.: FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: Ek......llloer 1,2009 9tL/,lU_cU(f 0 I ;}OIO To: Office of the County Attorney Attention: Scott Teach From: Lyn M. Wood, C.P.M., Contract specialistJ... ~.../ Purchasing Department, Extension 2667 ,"PM , Re: Agreement: #09-5343 "Blueprint for Wellness Services" Contractor: Quest Diagnostics, Inc. BACKGROUND OF REQUEST: 16E2 DATE RECEI\,(ED: \.,'; i II-.!..._ i-',i' - r"" L' ') 5 \':!!.' .;-j (\1 \.,- 1- ,. 0 vJ'. 1rCVv~ ~l;~ fLJ: ~ ~ :\-rJ CA-r .(bt.. l---~. Y> DlU.. '/1"2.) ,0 ~ ~ ' J //1 ))0 sP-1. J ~ This item was approved by the BCC on December 1, 2009, Agenda Item 16.E.2. This item was previously submitted. ACTION REQUESTED: Agreement review and approval. OTHER COMMENTS: Scott, please forward to the Chairman of the 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. NA JJ~ \\\\.\ \0 C: Karen Eastman, Human Resources MEMORANDUM J6E2 TO: FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist f~v Purchasing Department ) -\ U .Q~C8I'ReClr 1, 2ggg~ g(1<./1U{ ,j...1jj (, I Clo i () Review of Insurance for Agreement: #09-5343 "Blueprint for Wellness Services" Contractor: Quest Diagnostics, Inc. DATE: RE: This item was approved by the BCC on December 1, 2009, Agenda Item 16.E.2. Please review the Insurance Certificates for the above-referenced agreement. 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. DATE REcrrVED JAN 0 7 2010 RISK MANAGEMENT dod/LW It ';:1' /it nJ~ . REcr~ s:::~ 2 2009... '\ , ISK Ml~EMENl f;~<1 ~. v<:lR (~c;;f C: Karen Eastman, Human Resources ~~& t(t 110 ~:Y" ~ mausen 9 16E2 From: Sent: To: Cc: Subject: RaymondCarter Friday, January 08, 2010 4:06 PM LynWood EastmanKaren; mausen_g; walkeU Contract 09-5343 "Blueprint for Wellness Services" Alii have approved the Certificate(s) of Insurance provided by Quest Diagnostics, Inc. for contract 09-5343. 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 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 .www.sunbiz.org - Department of State Page 1 of2 16 2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search Submit I Events Name Historv Detail by Entity Name Foreign Profit Corporation QUEST DIAGNOSTICS INCORPORATED Filing Information Document Number F95000000131 FEIIEIN Number 161387862 Date Filed 01/09/1995 State DE Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 12/31/1996 Event Effective Date NONE Principal Address 3 GIRALDA FARMS MADISON NJ 07940 Changed 04/07/2009 Mailing Address 3 GIRALDA FARMS MADISON NJ 07940 Changed 04/07/2009 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE FL 32301-2525 US Name Changed: 10/26/2009 Address Changed: 10/26/2009 Officer/Director Detail Name & Address Title CEOD MOHAPATRA, SURYA N 3 GIRALDA FARMS MAOISON NJ 07940 Title T O'KEEF, ROBERT F 3 GIRALDA FARMS MADISON NJ 07940 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in'L doc _ number=F95000000... 10/28/2009 www.sunbiz.org - Department of State . Title S O'SHAUGHNESSY, WilLIAM J JR 3 GIRAlDA FARMS MADISON NJ 07940 Annual Reports Report Year Filed Date 2007 04/21/2007 2008 04/28/2008 2009 04/07/2009 Document Images 04/07!2"QQ~ -- ANNUAL REPORT 04/28/2008 -- ANNUALBEpORT 04/21/2007 -- ANNUAL REPORT 03/16/2006 ,,_ANNUAL REPORT 04/WL2QQ~--AN~UAlREpORT 0610312004=ANN UAL REPORT 0810a/2003 =~I\MJ]tCh~ng!1 06/06/2003=ANNUA.L. R.EPORT 0_6L15/2002"" AW,LUALREEQRL 04/23/2001 ANNUAL REPORT 04/26/2000 = ANNUAL REPORT 05/10/1~~9 =ANNUAL REPORT 04/22./1998 -- ANNUAL_REPORT 06/05/1997,- ANNUAL REPORT 05/QJL19.9Q=ANN UI\LJiE P.o.RT OJI09.!l99.6.=DOCUM1JHSPR.loB_1O-.1Jl.9Z Page 2 of2 16 2 View im~ge 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 PDFforrnat 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 offici~1 record. See documents if question or confiict PreviQlJs on List Events NameJ-iJ"tQry N.ext on List Return To Li,.t IEntity Name Search SUbmit I 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~ doc nwnber=F95000000... 10/28/2009 .... Quest ~ Diagnostic~ 16E2 CERTIFICATE OF SECRETARY I, William J. O'Shaughnessy, Jf., Secretary of Quest Diagnostics Incorporated, a corporation organized under the laws of the State of Delaware (the "Company") do hereby certify the individual whose name appears below is authorized in the name and on behalf of the Company to enter into Blueprint for Wellness Agreements, and to execute and deliver such documents in connection therewith: NAME TITLE Steven L. Burton Vice President, Health and Wellness Services IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November, 2009, tJ~ William Secretary State of New Jersey } County of Morris } Subscribed and sworn to before me this 20th day of November, 2009 By: -1MIWH't ..... ...... .... II IN ..... ... (',- . IIU....... 1,. ." RLS# D1-hu..- tJ{ '101 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: r:PlItsr O/II&JVOSTICS IIU~ClfVJtJv2.lrnb 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 $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ f \ \ I'- Workers Compensation ~ Each accident Required $ '"( iI. 't Disease Aggregate Required $ 5 ",t <;. Disease Each Empl Required $ 1-' Umbrella Liability Each Occurrence Provided $ S' 1\.1.1 L Aggregate Provided $ , . Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ I......., L Per Aggregate Required $ ...., t.. Other Insurance Each Occur Type:~ 'S ~\t. County required to be named as additional insured? County named as additional insured? Entity name correct on contract? Entity registered with FL Sec. of State? ../ Yes ~Yes V Yes ~Yes ~Yes -->..<::::.Yes Provided $ Provided $ Provided $ Provided $ '2. I\.{ 1 L- Provided $ Provided $__ Provided $ 2. "^ \ L Provided $ l \ Provided $ · I 16E2 No No No _No No No Exp. Date .;II Exp. Date Exp. Date Exp. Date 1:/.131 Exp. Date r Ii) Exp Date Exp Date Exp Date Exp Date Izl3,IIO " ., ExpDate~ Exp Date " _J<:::::...Yes Provided $ S lA, L Provided $ " Required $ S'N) &60 Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date ofbond Does dollar amount match contract? Agent registered in Florida? Provided $ -.L Yes ~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 Yes NC'iA/l-l2.'C.b rUTlFI~~ ./ Yes ~Yes -----",=-Yes v Yes OF stUf-r>4ll-y" --<<::::.Yes .....-Yes V'Yes V' Yes _No Exp. Date 1?13l{1t> Exp. Date " Exp Date ~ No _No _No ~No _No _No _No No No _No _No _No _No No Revie~e~ Initials: ~ Date: dh ~ID 04-COA-6103 /222 QUEST DIAGNOSTICS INCORPORATED LETTER OF AGREEMENT FOR BLUEPRINT FOR WELLNESSTM SERVICES QUEST DIAGNOSTICS INCORPORATED, ("QUEST DIAGNOSTICS") agrees to provlda Blueprlntfor Wellness TN Services to: l6E 21 Customer Name Collier County Government corDorate name) NIA Subcontract name Customer ContactlTitle Karen Eastman, Wellness Programs Mgr, OR Jeff Walker, Risk Management Director Customer Contact Information Collier County Government Street Address 3301 East Tamiami Trail, Bide. D City Naples State, Zip FL 34112 Phone Number Karen Eastman 239-252-8906 OR Jeff Walker 239-252-6092 Emall Address kareneastma~collieraov,net OR JeffWalkertmcolliereov.net Program Name/Account #(s) "INVEST IN YOUR HEALTH" Total # of Participants Eligible and Number of Participants eligible: _Based on age eligible criteria, and employees> 50 years of age Estimated % participation Expected % Participation: 80 % Requested Date(s) and Location(s) ~ List of locations for CCG is attached. of Event ~ Primary location (same address as above, with -1,000 (Date(s) to be confirmed by BFW participants would like to begin BFW events on 1/20/09 for 2 Staff. weeks, then complete all locations by March 31s'. List each individual location and # of eligible participants at each), Note than an "Event" is considered a health fair/screening at one location 1F0r a fixed, uninterrupted period of ime, Event Staffing Commitment .: ~ Three (3) weeks before each Event Wellness Specialist will confirm with he customer the number of .Staffing Commitments finalized less than three (3) weeks require participants, event hours and prior approval and will be assessed additional charges as set forth in schedule event staffing three weeks Section 1 of the Terms of Service, below. orior to each event date. 2009: Health-Plan-eligible employees of CCG total - 2,200 Eligibility Criteria for Participation 2010: Age-based, Health-Plan-eligible employees of CCG -1,200 (e.g" employees only, spouses, etc,) 2011: Age-based, Health-Plan-eligible employees of CCG + eligible, active spouses -2,200 2012: Final events take place Jan-March, 2012 Services Requested Personal Laboratory Report Solution Program modules & pricing, below) BFW LOA rev. 11/07 1 16[2 Laboratory Tests Included: Heart: Total cholesterol, HDL, calculated LDL, triglycerides, calculated cholesterol/HDL ratio (Note: no cardio-CRP as requested) Thyroid: TSH-Thyroid Stimulating Hormone, and Free T4 Kidneys: BUN, creatinine, BUN/creatinine ratio Bone: Calcium Liver: Albumin, total protein, globulin, A/G ratio, Alkaline Phosphatase, AL T, AST, total & direct bilirubin, and GGT Pancreas: Glucose ~hole Body: Chloride, potassium, sodium Pancreas: Hemoglobin A 1 c Blood: CBC Hemogram Lunas: Cotinine (blood sample) PSA (Males> or = 40) (Yes or No) NO specifv if other than Males> or = 40) HRA (on-line, paper or both) HRA - Both Specimen Collection: On-site Events & Remote PSC Collection Kits (On-site Events, Remote/PSCs, other) Medical Authority (PWN Physician Quest Diagnostics will provide medical authority via PWN- Dr Customer-supplied) Physician's Wellness Network. Biometric Measurement Data Height, Weight, BMI, Blood/Pressure, Waist, Hip, WaisVHip Ratio Requested: Describe Customer reQuirement) Participation in BFW-PWR is a key "qualifying step" for health-plan- Participant Incentive eligible employees to increase coverage from "Basic" to "Select" or Premium" without increasing their contribution to the health plan, Incentive Criteria BFW-Personal Wellness Report to include HRA On Line Registration Key CCG Wellness Program Participant ID1 CCG Employee ID # - this change occurred 10/2/08 ~hen spouses are added in 2011 they will use the employee ID + S Participant ID; Define unique ~or Spouse. Participant ID requested as it will ~ppear in the Customer eligibility "ile(emplovee ID, SSN, Etc.) Disclosure of Particioant Data in ~ Do not send PWR data to Meritain (health plan) at this time. Identifiable Format (i.e., disclosure ~ CCG identified data should go to CHP-Community Health Iof data other than the aggregate de- Partners weekly. identified statistical report provided to ~ CCG request that aU printed BFW-PLR printed reports be made Customer): available to CHP so the CHP Health Advocates can review lab and HRA results with each participant during their one-on-one Define Customer requested Result counseling sessions. Reporting to participant or other 3rd ~ All mailed PWRs should ship in bulk to: parties. Attn: Sandy Theobald (e.g., third party disease Community Health Partners management or weUness provider) 851 5th Ave. North, Suite 201 Disclosure of identifiable participant Naples, FL 34102 data requires a written directive from ~ CCG prefers no participant results be available on-line at any he Customer containing specific time. elements, and must be received prior o any release of PHI to anyone other han the participant. BFW LOA rev. 11/07 2 De-Identified - Aggregate Reporting: Define requirements for De-Identified > aggregate reporting breakout and parties to receive the reporting. Eligibility File of Participants: Define contact that will provide the ligibility file and target date for delivery n eligibility file is required where BFW scheduling and/or an HRA component is provided, Note: Will participation be allowed if mployee and/or spouse is not included in the eligibility file? Program estimated start date(s) Program estimated end date(s) BFW LOA rev. 11107 16f2 > Exact Reporting TBD - includes program aggregate report and weekly participation reports. CCG would like the standard Aggregate Report following the events (predicted to last through March 31, 2009, and about 1 month to allow some ees to visit a Quest Diagnostics PSC, After that time, additional BFW registrations should be new employees. > They would like to get weekly Participant participation reports showing those employees that have had BFW collected, CCG will sort by Dept. or Cost Center to determine where they need more communication to encourage participation. > In subsequent years they want cohort reports that demonstrate chan es over rior ear, stratified b De t. or Cost Ctr, Eligibility File to be Provided By: lice Toppe 239-252-8966 and James(Jim) Young of Collier County Government > Only names in the eligibility file are allowed to participate in Blueprint for Wellness. CCG will send updated eligibility file (monthly) for the 39 months of the program. > First eligibility file is due about Nov, 1, 2008. Beginning in 2011 spouses will be included. arget Date for Year 2 Eligibility File: TBD > Events Jan 1 - Mar 31, 2009, then as needed for new ees throughout the year until Dec.31, 2009 > Events in 2010 will be limited to an age-based group, followed by new employees, > Events in 2011 will be limited to an age-based group and spouses, and will be followed by new employees, > Events in 2012 will include employees, spouses and may be age based. > Client reserves the right to adjust dates and scope of services by year with ample advance notice to BFW, Program will end annually on Dec. 31St, and the complete ro ram will end on March 31, 2012 3 erm of the Letter of Agreement: (mm-dd-yy - mm-dd-yy) Copies of electric invoices (as a convenience only) to: >> Keith Wilson; keith.wilson@.meritain.com >> Victoria Krenik: victoria.krenik meritain.com nnually - through March 31, 2012 (39 months) [ ] One Year [lOne-time Event (check one box) X 39 Months - Jan 1, 2008 - March 31, 2012. BFW Pro ram Module sand Pricin Other comments or requirements: ustomer BUlin Account Invoices should be sent to CCG (email preferred but not required) for Billing Arrangements: payment: If other than bill to "Customer" please>> Alice Toppe: 239-252-8966 or alicetoppe@.collieraov.net etail and provide billing contact >>Claire Wilson: 239-252-6120 or clairewilson@.collieraov.net Alice Toppe OR Claire Wilson Collier County Government 3301 Tamiami Trail, Bldg D Naples, FL 34112 Monthl :39 months R an Van Horn . . BLUEPRINT FOR WELLNESS SERVICE PRODUCT NAME PRICE PER EMPLOYEE . I f d but t . d PROGRAMS OR COMPONENTS r ram details and s cial r uirements should be noted >> Participant Registration and Scheduling, online and by phone >> Physician Oversight provided throughout program >> BFW Specialist assigned as key contact throughout program >> On-Site Collection Events. >> Remote Collection Kits provided to employees unable to attend events >> Bio-Metric Measures (Height, Weight, B/P, BMI, Waist & Hip circumference) >> Personal Wellness Report for every participant >> Health Management Data Feed provided to vendors you select. >> Heart: Total chol, HDL, calc LDL, triglycerides, calc chol/HDL ratio (NO CRP) >> Thyroid: TSH-Thyroid Stimulating Hormone, and Free T4 >> Kidneys: BUN, creatinine, BUN/creatinine ratio >> Bone: Calcium >> Liver: Alb, total protein, globulin, A/G ratio, Alk Phos, AL T, AST, total & direct bilirubin, and GGT >> Pancreas: Glucose >> Whole Body: Chloride, K, Na++ >> Pancreas: Hemoglobin A1c >> Blood: CBC Hemogram >> Lun s: Cotinine blood sam Ie aist circumference, Hip circumference, Waist/Hip Ratio TOTAL Price/Participant Note: This price is for 2010 Program. The 3n:t and 4th year (Jan, 2011 & Jan- Mar 2012 ma be sub.ect to a rice increase u to but not exceed in 4%, SPECIAL PROGRAMS OR EVENT ARRANGEMENTS (program details and special requirements should be noted) All lab tests Included Included 129.50 PRICE PER PROGRAM OR EVENT BFW LOA rev. 11107 4 .. \:It .~ In the event Collier County Government requests additional services not set forth bove, the arties shall mutuall a ree u on services and ricin . BLUEPRINT FOR WELLNESS CUSTOM PROGRAMS FULLY DETAIL end invoices to: Alice Toppe and Claire Wilson at CCG >> Alice Toppe: 239-252-8966 or alicetoooeailcollieraov.net >> Claire Wilson: 239-252-6120 or clairewilsonailcollieraov.net >> Addresses listed above PRICE PER PROGRAM OR EVENT Included BFW LOA rev. 11107 5 Terms of Service: 16E2 1. BFW SERVICES: In accordance with the program-specific details listed above, Ouest Diagnostics agrees to provide the Blueprint For Wellness™ ("BFW") Services as further set forth herein, The BFW Services provided by Ouest Diagnostics are as follows: a. Registration and Scheduling of participants (if selected by Customer): offered via online access or by calling a toll-free wellness scheduling number. b. Provision of all supplies and test kits necessary to provide BFW Services. c. Collection Services to obtain/collect all specimens from participants at an "Event", Additional charges will apply when: (i) Paramedical examiner is required to collect specimens between the hours of 9:00 PM and 6:00 AM Monday-Saturday and between the hours of 6:00 PM Saturday and 6:00 AM Monday (additional charge of $30 per hour, per examiner applies). (ii) Staffing of the Event is requested less than three (3) weeks prior to the Event (additional $7 per- participant charge), (iii) Staffing is requested in advance for Events with fewer than 20 participants (a "Small Group Event"): . Home or office visit to collect specimens from one participant: $95~ per visit . Small Group Events with 10 or fewer participants (based upon a 1-2 hour event, with one examiner): $140.. . Small Group Events with 11-19 participants (based upon a 1-2 hour event, with one or two examiners as determined by Ouest Diagnostics)): $240.. . ~the surcharges specified above are added in addition to BFW per-participant charges for BFW Services, If additional staffing is requested for a Small Group Event, an additional $60 per hour/per examiner charge will be assessed, . Depending on the number of Actual Participants who participate in the Small Group Event, Customer will be assessed either the Small Group surcharges listed above, or the per- participant charges for at least 20 Participants, whichever amount is lower. (iv) Paramedical examiner is required to travel more than fifty (50) miles each way to/from the Event from the ExamOne office where the paramedical examiner is based (additional $,47/mile over 50 miles to/from Event). If an ovemight stay is required, Customer will be billed actual lodging/food expenses. d. Based upon the specific Program components selected by Customer, includes collection of biometric data, shipment of specimens to the testing laboratory, and testing of laboratory specimens. e. Release of test results to an Authorized Provider and if authorized, directly to participants, Customer will also receive a report detailing aggregate de-identified statistics, Additional or reprinted reports may be provided for an additional charge, 1. THIRD PARTY WELLNESS/DISEASE MANAGEMENT PROVIDER COMMUNITY HEALTH PARTNERS (CHP) 2, WELL SOURCE - Wellness Provider Customer has directed Ouest Diagnostics to release participant test results or other identifiable health information to third party disease management or wellness providers. Customer represents and warrants that (i) it has provided the appropriate notice to participants in its HIPAA Notice of Privacy Practices to allow such a disclosure, (ii) the provision of identifiable participant data is consistent with the Notice (iii) access to identifiable participant data will be limited to only those employees who require access to the data for the proper performance of their duties on behalf of Customer's third party disease management or wellness provider receiving the data on its behalf is acting in its capacity as a "Business Associate" of Customer. 2, PAYMENT TERMS: Customer agrees to pay Quest Diagnostics for services as set forth herein within thirty (30) days of date of invoice, and Customer agrees not to submit (or request Quest Diagnostics to submit) any claim, bill or other request for reimbursement to any insurer, Managed Care Organization, Govemment health program, fund, or to any other person or entity. Ouest Diagnostics reserves the right to add a charge of the lesser of one and one-half percent (1 %%) per month, or the maximum rate the law permits, on all amounts thirty (30) or more days past due. BFW LOA rev. 11107 6 16f2 .3. MEDICAL AUTHORITY: Customer acknowledges and agrees that only a person who is authorized under applicable state/federal law to order those clinical laboratory tests included in the Blueprint For Wellness 1M producl ("Testing") shall order all Testing (such person shall be referred to as an "Authorized Provider"), a. In the event Customer provides such Authorized Provider themselves, Customer represents and warrants that the Authorized Provider meets all state/federal laws applicable to the ordering of Testing, Alternately, in the event Customer elects to have Quest Diagnostics arrange for an Authorized Provider, Quest Diagnostics shall represent and warrant that this Authorized Provider meets all state/federal laws applicable to the ordering of Testing, b. Quest Diagnostics shall report laboratory results only to such Authorized Provider, unless such Authorized Provider gives permission for Quest Diagnostics to release the lab results to such employee participants as desired. If Customer is providing such Authorized Provider, the requirement to allow release of results directly to the participant must be included in Customer's contract with such Authorized Provider. c. The Authorized Provider is responsible for contacting participants in the event of alert, critical, and significantly out-of-normal range laboratory resu~s. d. While the Authorized Provider may set his/her own alert values, critical ranges are not modifiable, e. The Authorized Provider may be required to forward test results to the participant's personal physician, 4. NO-SHOW, MINIMUM, AND CANCELLATION CHARGES: At least three (3) weeks prior to an Event, Customer and Quest Diagnostics will finalize a Staffing Commitment ("Staffing Commitment") which allows Quest Diagnostics to schedule staffing for the Event based upon the number of expected participants and length of the Event. At the point the Staffing Commitment is finalized, Customer will be responsible for paying no-show, minimum, and cancellation charges, a, No-Show Charges: No-Show Charges will not apply if at least 90% of the Expected Participants participate in the Event ("Actual Participation Rate"), The term "Expected Participants" means the number of participants that were expected to participate at the time the Staffing Commitment is finalized (including scheduled participants and expected walk-in participants). For all Events where the Actual Participation Rate is less than 90%, Customer will be charged a No-Show Charge of $20 per participant until the Actual Participation Rate is equivalent to 90%. For example: If an Event is held for 100 Expected Participants and there are 80 Actual Participants, Customer will be charged a No-Show Charge of $20 for 10 Participants. [100 Expected Participants x 90% No-Show Threshold] = 90 , and [90 minimum required participants - 80 Actual Participants] x $20 = $200 No-Show Penalty. b, Minimum Event Participation and Hourly Participant Flow: Unless a Small Group Event is arranged in advance, Quest Diagnostics will only schedule and staff Events with a minimum of 20 Expected Participants and where at least 10 participants per hour can be processed by a specimen collector. For purposes of this section, "Event" means one wellness screening/health fair held at a single location. For an Event that is expected to have less than 20 Expected Participants, Customer may make arrangements in advance for Quest Diagnostics to staff for a Small Group Event. Small Group Event charges are further described in Section 1 and are assessed to Customer to equip, staff and manage the Small Group Event. c. Cancellation Charges: If an Event is cancelled after the Staffing Commitment has been finalized, Customer shall be responsible for paying $20.00 for each Expected Participant. Postponement of an Event is equivalent to a Cancellation. 5. LEGISLATIVE/REGULATORY CHANGE: In the event federal or state legislative and/or regulatory changes impact Quest Diagnostics' clinical reference laboratory business, Quest Diagnostics will retain the right, upon prior written notice to Customer, to immediately amend this agreement to fully comply with any legislative or regulatory changes. All other modifications or amendments to this agreement will not be binding unless reduced to writing and signed by the parties hereto. 6. TERMINATION: This agreement will take effect on the date it is fully executed by both parties and may be renewed on an annual basis upon mutual agreement of the parties for two additional one (1) year periods. Customer will provide Quest Diagnostics with sixty (60) days advanced written notice of its intent to renew. BFW LOA rev. 11107 7 16r ?' 7, INDEMNIFICATION: Not to exceed the maximum extent permitted by Florida law, Quest Diagnostics 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 Quest Diagnostics or anyone employed or utilized by the Quest Diagnostics 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. The provisions of this paragraph shall survive termination of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County, 8. INSURANCE: Quest Diagnostics shall agree to maintain the following insurance coverage during the course of this agreement. Quest Diagnostics may utilize a program of self insurance for all or any portion of the minimum limits required to be carried, TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and ReQuirements X Emolover's Liabilitv X $500,000 $1,000,000 X Commercial General $500,000 per occurrence X $1,000,000 per occurrence bodily injury and Liability (Occurrence Form) bodily injury and property property damage patterned after the current damage ISO form with no limiting endorsements, X Professional Liability X $1,000,000 per occurrence $2,000,000 per occurrence Insurance $1,000,000 aaaregate $2,000,000 aggregate Collier County Board of County Commissioners shall be named as the Certificate Holder, NOTE-The "Certificate Holde~' should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate, No other format will be acce-.-~I . Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. 9. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior understandings, arrangements and agreements relating to the subject matter hereof, ' 10, INDEPENDENT CONTRACTORS: It is expressly understood and agreed by the parties hereto that Quest Diagnostics and Customer will at all times be and act as independent contractors, 11. TRADEMARKS: Neither party shall use the trademark, trade name, or service mark of the other party for any purpose without the prior written consent of the other party, however, Customer authorizes the use of its name and/or logo as a participant in the Blueprint for Wellness program. BFW LOA rev. 11107 8 16E2 IN WITNESS WHEREOF, Quest Diagnostics Incorporated and Collier County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first written above. y: ~ ~ - ------ . ,~-~~ Witnes~- ,/ ~~L~ Witness Signature i\ssi~ta' It County At r ey D.)C7~ S '"" tl- {<. I-u.. e L, Print Name BFW LOA rev. 11/07 TY COMMISSIONERS Y, FL / h~ ~;j4-j? a, Chairman By: '7" L. ~~ TIN Typed/Printed Name Here with Title '-J(- Hfll''7'H AN'? IAI(LLNE~S. 'So€~la: Item # llo~.;1 9 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 \^JHICH 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. N~~ ADD'~ TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTlVE I POLlCYEXPIRATlON LIMITS LTR INSR OATE (MMlOOIYYYY) , DATE (MMlOOIYYYY) A 'GENERAL LIABILITY "$2,000,000 SELF INSURED 12/31/2009 12/31/2010 EACH 0 URRENCE 2 000 000 DAMAGE TO RENTED rMMERCIAL GENERAL LIABILITY 'RETENTION'" PREMISES{Ea occurrencel $ CLAIMS MADE D OCCUR MED EXP (Anyone person) $ ,~I PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS -COM PlOP AG I$; in PRO- n ' POLICY JEeT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ rJ ANY AUTO (EaaCcidenl) , ALL O\flJ1\lED AUTOS BODILY INJURY $ R SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ 1 NON-Q\fIJ1\lED AUTOS (Per accident) I '--j PROPERTY DAMAGE $ l (Per accident) GARAGE LIABILITY AUTOONLY-EAACCIDENT $ I H ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: $ AGG D ,I EXCESS / UMBRELLA LIABILITY 8124655 12/31/2009 12/31/2010 EACH OCCURRENCE $ 5,000,000 e OCCUR ~ CLAIMS MADE I AGGREGATE $ $ ~1' DEDUCTIBLE I $ RETENTION $ . B I WORKE~S_~OMPENSAnONAND ,ITC2JUB'266T3523-TIL-09 (DED) 12/31/2009 12/31/2010 X I\rVCSTATU- 10Jb'- B EMPLOYERS' LIABILITY TRJUB~266T3535-TIL-09 (RETRO) 12/31/2009 12/31/2010 ~L. EACH ACCIDENT $ 2,000,000 ' ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N I I OFFICER/MEMBER EXCLUDED? [E::J ~.L, DISEASE - EA EMPLOYE $ 2,000,000 kMandalorp in NHJ If ~es, describe under J I ~L DISEASE - POLICY LIMIT $ 2,000,000 I PECIAL ROVI 10 S below OTHER : 112/31/2010 I $5,000,000 (SIR) A PROFESSIONAL L1AB. I SELF-INSURED RETENTION 12/31/2009 CLAIMS MADE I I i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I RE: BLUEPRINT FOR WELLNESS SERVICES - CONTRACT #00000105 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IS INCLUDED AS AN ADDITIONAL INSURED. 1 , , .,..... IM2- -?"""\ ---- - -- -- - -- - -- -- - I ACORi:! CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) ~ 01/05/2010 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ATTN: JANET T. NORMAN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1166 AVENUE OF THE AMERICAS ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NEW YORK, NY 10036 37986 -MAIN-09-10 XXX INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Quest Diagnostics Incorporated QUEST OIAGNOSTICS INCORPORATED AND ITS WHOLLY OWNED SUBSIDIARIES INSURER 8: Travelers Prop. Casualty Co. Of America 25674 3 GIRALDA FARMS INSURER C: N/A N/A MADISON, NJ 07940 INSURER D: Lexington Insurance Company 19437 INSURER E. ~ COVERAGES CERTIFICATE HOLDER NYC-003942183-26 CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRAIL EAST BOARD OF COUNTY COMMISSIONERS NAPLES, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 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 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A~fTt\~~lim~lPI~~ENTATlVE --u{~ --l/J,j;.t Marla Nicholson ......->;;;;:- ACORD 25 (2009/01) @1998-2009ACORDCORPORATION,AIIRights Reserved The ACORD name and logo are registered marks of ACORD 16E2 IMPORTANT If the certificate holder is an ADDITIONAL INSUREO, 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)