#10-5488R (Dr. Julia K. Harris)
A G R E E MEN T #10-5488R
Medical Director for Collier County
THIS AGREEMENT, made and entered into on this 3 day of ~~ , 201L
by and between Dr. Julia K. Harris, whose address is 8803 Tamiami Trail East,
Naples, Florida 34113, hereinafter called the "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 one (1) year period, commencing on
execution of this agreement and upon issuance of a purchase order on or after October
1,2010 and terminating on September 30, 2011.
2. STATEMENT OF WORK. The Consultant shall serve as the Medical Director for the
Collier County Occupational Health and Wellness Program in accordance with the
terms and conditions of this Agreement and Exhibit A, attached hereto and
incorporated herein by reference. This Agreement contains the entire understanding
between the parties and any modifications to this Agreement shall be mutually agreed
upon in writing by the Consultant and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of
this Agreement an estimated maximum annual amount of Twenty Five Thousand
Dollars ($25,000.00) for the performance of this Agreement, based on twelve monthly
payments. Payment will be made upon receipt of a proper invoice and upon approval
by the Project Manager or his designee, and in compliance with Chapter 218, Florida
Statutes, otherwise known as the "Local Government Prompt Payment Act".
4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed to the Consultant at the following Address:
Dr. Julia K. Harris
8803 Tamiami Trail E
Naples, Florida 34113
Telephone: 239-732-1050
FAX: 239-430-7828
Email: drjulhar@aol.com
Page 1 of 8
All Notices from the Consultant to the County shaH be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/ GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Consultant 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 Consultant or to constitute the Consultant 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 Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All nonCounty permits necessary for the prosecution of the Work shall be procured and
paid for by the Consultant. The Consultant shall also be solely responsible for payment
of any and all taxes levied on the Consultant. In addition, the Consultant 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 Consultant agrees to comply with
all laws governing the responsibility of an employer with respect to persons employed
by the Consultant.
8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twentyfour (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
Page 2 of 8
9. TERMINATION. Should the Consultant 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 thirty (30) day written notice. The County shall be
sole judge of nonperformance.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant 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 Consultant or anyone
employed or utilized by the Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Consultants; 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 NonOwned
Vehicles and Employee NonOwnership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Medical Malpractice: $250,000 each claim.
Page 3 of 8
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 Consultant during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (10) 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.
Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
The Consultant shall at its own expense, carry and maintain insurance coverage
from responsible companies duly authorized to do business in the State of Florida.
Coverages shall be maintained without interruption from the date of
commencement of the Work until the date of contract termination. Should at any
time the Consultant not maintain the insurance coverage's required herein, the
County may terminate the Agreement.
The amounts and types of insurance coverage shall conform to the minimum
requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Consultant has any self-insured retentions or
deductibles under any of the below listed minimum required coverages,
Consultant must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self-insured retentions or
deductibles will be Consultant's sole responsibility.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Human Resources Department.
14. CONFLICT OF INTEREST: Consultant 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. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
attached component parts, all of which are as fully a part of the contract as if herein set
out verbatim: Exhibit A, insurance certificates, attached hereto and incorporated by
reference.
Page 4 of 8
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 Consultant is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.c. 1324, et seq. and regulations relating thereto, as
either may be amended. Failure by the Consultant 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 Project Manager and Consultant.
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 Consultant 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 Consultant 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.
Page 5 of 8
23. KEY PERSONNEUPROTECT STAFFING: The Consultant to be utilized for this project
shall be knowledgeable about providing pre-employment physicals and drug testing. The
County reserves the right to perform investigations as may be deemed necessary to ensure
that a competent person(s) will be utilized in the performance of the contract.
IN WITNESS WHEREOF, the Consultant 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 EA~~~Q9!k of Courts
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By: "~"'" "IS.
Dated;,": , . ,~' " J')/(
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'1uJ- W< r -. t.
By: ~
Fred W. Coyle, Chairman
By:
Dr. Tulia K. Harris
rPll!
~D.
miRA- rJ. Q ac\tfO RO
Type/print witness name
SCOTT R. TEACH
Print Name
Page 6 of 8
Exhibit A
10-5488R Medical Director
Scope of Services
1. Overview of Contract:
The Consultant shall provide Medical Director services for the Collier County Occupational
Health and Wellness Programs as may be required by the Collier County Manager's Agency and
its participating agencies, located in Naples, Florida. These programs are be available to all
Regular, Temporary and Seasonal Employees of the County Manager's Agency of Collier County
and its participating agencies, which currently include, but are not limited to: County Attorney,
Airport Authority, and Pelican Bay Services. The County has a total of approximately two
thousand one hundred (2100) employees.
Services to be provided include, but are not limited to the following:
1. Review, recommendations & approval of Standing Medical Orders & Protocols
2. Review and authorization for respirator use based on OSHA medical questionnaire,
PFT results and OSHA Respiratory Standard.
3. Review and evaluate audiometric testing results
4. Authorization for Rx required medical supplies
5. Authorization for Rx required pre-placement medical testing
6. Consultation and recommendations for pre-placement evaluation criteria & findings
7. Consultation for work related injuries & illnesses
8. Fitness for duty evaluations
9. MRO services
Anticipated services for Wellness Program from Medical Director, to include, but not
be limited to:
1. Review & approval of Health Screen Follow-up Intervention Protocol
2. Consultation regarding the Basic Preventative Physical Exam
The Consultant must provide all services listed in this Scope of Services. The County does not
guarantee a specific quantity of work.
Reports and Records: All medical reports shall be the sole property of Collier County and may not be
used or reproduced in any form without the explicit written permission of the County. The
Consultant shall maintain complete records on each individual examined/ treated. Such records shall
remain confidential in compliance with all HIPP A regulations and will be made available only to the
County's representative and/ or the individual.
Page 7 of 8
No information, record, report or data derived, compiled, obtained, prepared or developed by the
Consultant from work performed pursuant to the contract may be released, disseminated or disclosed
without written consent of the County.
All medical reports and records shall be formally transferred to the County by the Consultant within
five (5) working days after the receipt of a contract termination notice.
Page 8 of 8
~. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDD1YYYY)
AE~RD 3/15/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to
the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Renee McLaughlin
NAME:
ALLIANT INSURANCE SERVICES HOUSTON LLC ;~g,N;o, Ex!): 303-824-1403 TFAX 303-824-1437
iAfc, Nol:
5847 SAN FELIPE, SUITE 2750 E-MAIL rmclauqhlin@alliantinsurance.com
HOUSTON, TX 71057 ADDRESS:
PRODUCER
CUSTOMER 10 #:
INSURER S AFFORDING COVERAGE NAIC#
INSURED INSURER A: HOMELAND INSURANCE COMPANY OF NEW YORK 34452
MILLENNIUM PHYSICIAN GROUP, LLC. INSURER B:
8803 TAMIAMI TRAIL E INSURER c:
NAPLES, FL 34113-3347 INSURER 0:
INSURER E:
COVERAGES
CERTIFICATE NUMBER:
REVISION
NUMBER'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR ADDL SUBR POLICY EFF ;~~;g~~~
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMMlDDIYYYY) LIMITS
GENERAL LIABILITY $
EACH OCCURRENCE
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $
PREMISES lEa occurrence)
CLAIMS,MADE I I OCCUR MED EXP (Anyone person) $
PERSONAL & ADV iNJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS/COMP/OP $
AGG
T POLICY I I PROJECT I I LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
lEa accidentl
ANY AUTO BODILY INJURY (Per $
person I
ALL OWNED AUTOS ~~f~;~I~NJURY (Per $
SCHEDULED AUTOS :~~:'~~TY DAMAGE (Per $
HIRED AUTOS $
NON-OWNED AUTOS $
UMBRELLA I OCCUR $
L1AB EACH OCCURRENCE
EXCESS LIAS I CLAIMS-MADE AGGREGATE $
DEDUCTIBLE $ $
RETENTION $ $
WORKERS COMPENSATION AND T Y/N reC STATU, ,I ~~H-
EMPLOYERS' LIABILITY X ORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE I N EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? $
(Mandatorv in NH) EL DISEASE - EA $
EMPLOYEE
If yes, describe under EL DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS below
PER PHYSICIAN $ 250,000
A MEDICAL PROFFESIONAL LIABILITY MPP-3516-11 01/01/11 01/01/12 AGGREGATE $ 750,000
(CLAIMS MADE COVERAGE)
TOTAL POLICY $ 5,000,000
AGGREGATE
DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
The policy(ies) provides coverage for all scheduled medical professionals employed or contracted by the above insured only while they
are working for or on behalf of the insured,
Covered person: HARRIS, JULIA K., M.D., Provider Retroactive Date: 10/1/2010
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
COLLIER COUNTY BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
3327 TAMIAMI TRAIL EAST DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS,
NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE
@ 1988,2009 ACORD CORPORATION, All rights reserved.
ACORD 25 (2009/09)
The ACORD name and logo are registered marks of ACORD
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l...C.9-RD' CERTIFICATE OF LIABILITY INSURANCE 0310812011
THIlS Cl!RTIFlCATE I ISSUED AS A MAneR OF INFORMATION ONLY AND CONFERS NO nl\lI" 10 UPON THE CI!iR11RCATE HOLDER. THIS
CERTIFICATE DOES lOT AFFIRMATIVELY OR NEGATIVelY AMEND, EXTeND OR ALTER THE: COVERAGe AFFORDED 8Y THE POLICIES
BELOW. THIS ceRTI~CATE OF INSURANCE DOES HOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSUReR(S), AUTHORIZED
REPRESENTATIVE OF PRODUCER. AND ntE CERTlFICATI! HOLDeR.
IMPORTANT; If lb. Gerlil eN hoIderlS _ ADDITIONAL INSURID, thll poJlq(lH) must be endorsed. If 8UBROGAnoN IS WAIVED. IUbject to
tile termlI aAd contIIUOI1l of the policy, certUl poJIclel may '*WIre an ItI1dcnement. A stlll8m&nt on this CIItlfiMte d~ not eon'" rIg_ eo h
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CHAPMAN INSURANCE GROUP,lLC -= &II' (841) 17108426 (888) 582-7841
592 TAMtAIlIl TRAIL UNI D1 E-UAa. brlan@Dclgflotlda.com ,.-
PORT CHARLOTTE FL 3 863 NlIlflI!IIlI:
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MILLENNIUM PHYSICl HOLDINGS LLC ....MI : ProgreMlve C."uaIty IllIIuranoe
MILLENNIUM PHYSICI GROUP, LLC
& MURDOCK FAMILY M DIeINE lLC. DR. JULIA HARRIS IH$UIl!RG ; Mount Vernon In.urance 28&52
18631 COCHRAN BLVD INB_O;
PORT CHARl..One FL 33948
INlIURI!RI :
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COveRAGES CERTIFICATE NUMBER: 1255 REVISION NU_I!R:
TtlS 18 TO CERTIFY I r II lit OF INSURANCE LISTED BELOW AAVE BEEN ISSUED TO TH NAMl!D ABOVE FOR lHE POUCV PEtcluu
INDICATED. NOTWITHSiJ,i.NOiNG AWf REQUIREMENT, TERM OR CONDITION Of ANY COOTRACT OR OTHER DOCUMalT 'MTH RESPECT TO WHICH THIS
CERTIFICATE PMY BE IlfsuI!D OR tMY PERTAIN, mE INSURANCE ,AFFORDED BY THE pOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
~ 'M'I.OI'IN~ ,= ,= POLICY HUMBER I'OlJC'(EFF I'CIJCY EXP I.IMIT8
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~,~RAlAG0RE<3An: -~ 2.000.000
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- COUBlNEO 8IIGl.E LIMIT '"
~ WIlU1Y 0444629.1 11120110 11120111 1.000,010
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8803 T8II'J18ml TraB East, Hap'.., FL 34113
Collier County Board of ~ ounty CommlBlllonera -Ie listed as an Additional Insured on this policy.
'10 HOLD~. CANC
Collier Countv Board I f County Cammlnloners SHOULD ItNfOF THE ABOVE DESCRIBED POUCI&$ BE CNfCIiI.I.ED BEFORE
3327 Tamiaml TraIl Ea t TKE EXPlRA110N DATE THEREOF, NOTICE WI.L 81! DeLIVERI!D IN
Naples, FL 34112 ACCORD.....ct! WITH THE POLllW PROVISION$..
--
AUDIDRIlaJ _ATNE
AttentIon: Fax: ~ 3t.262....80 ~Rb~~
AlOUlCU v:tNlll.. , All ngw. NMrveCl.
lbe ACORD name and logo are regfst8l1ld marb of ACORD
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Cmt:Kty
Adninistmtive Services Division
Purth;asing
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-6020
FAX: (239) 252-6592
Email: BrendaReaves@collieroov.net
www.collieroov.netlourchasinq
Memorandum
Subject:
Solicitation # 10-5488R "Medical Director for Collier County"
From:
March 8, 2011
Brenda Reave!i-contraCtlPUrChaSing Technician- For Joanne Markiewicz
Date:
To:
Ray Carter, Risk Manager
This Contract was approved by the BCC on October 12, 2010, Agenda Item 16.E.1
The County is in the process of executing this contract with Dr. Julia Harris. The insurance requirements are listed
in Section 12.
Please review the Insurance Certificate(s) for the referenced Contract.
. If the insurance is /lot in order. please contact the vendor/insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
. If the insurance is in order. please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
Insurance Approved By:
Date
Risk Management Signature
(Please route to County Attorney via attached Request for Legal Services)
RECEIVED
MAR 0 8 2011
RISK MANAGEMENT
G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/20 1 0/16/09