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HomeMy WebLinkAboutPSA - Quest Diagnostics - Substance Abuse Testing Servicese N� 6 1 n WE WE a _ _ .. _.. .1 --_ —_ _n �__ �_ •-. ftt sd SUBSTANCE ABUSE, TESTING SERVICES AGREEMENT This Agreement for company -sponsored substance abuse testing services (the "Agreement") is made effective as of the 1st day of September 2p17 by and between Quest Diagnostics Clinical Laboratories, Inc.("Quest Diagnostics") and CITY OF SOUTH BEND ("Purchaser"), and defines the services that Quest Diagnostics will provide Purchaser. 1. DESCRIPTION OF PROTOCOL. Quest Diagnostics will provide substance abuse testing of urine, oral fluid, blood, and/or hair specimens for Purchaser's substance abuse testing program at a Quest Diagnostics laboratory certified by the Substance Abuse and Mental Health Services Administration ("SAMHSA" ). 2. TEST ORDERS, SPECIMEN COLLECTION AND SPECIMEN TRANSPORTATION. 2.1 TEST ORDERS. Purchaser will ensure that all substance abuse testing is ordered by a person authorized by Purchaser pursuant to applicable law. 2.2 SPECIMEN COLLECTION. Collection of specimens shall be handled in the following manner: A) Purchaser may choose to refer applicantslemployees to Quest Diagnostics' Patient Service Centers ("PSCs") or Preferred Third Party Network Sites ("Preferred Collection Sites") for specimen collections at the additional charges outlined on Exhibit A; or B) Purchaser may choose to refer applicants/employees to non -preferred, third -party collection facilities, by separate arrangement and at such third -party collection fees as the parties shall negotiate. C) Purchaser may choose to perform specimen collections without the use of Quest Diagnostics or third party collection sites. (Section D applies only when Quest Diagnostics is responsible for Random Program Management) D) Quest Diagnostics agrees to perform the agreed -upon random program management services for Purchaser under the terms and at the additional charges outlined in Exhibit C of this Agreement. (Section E applies only when Quest Diagnostics is responsible for Collection management) E) Quest Diagnostics assumes full responsibility for the selection of third -party collection sites that are not a part of its Preferred Collection Site network and for payment of these non -preferred third -party collection fees. Fees outlined for management of collection services are outlined on Exhibit D of this Agreement. 2.3 SPECIMEN TRANSPORTATION. Specimen transportation costs are included in the Fees listed on Exhibit A. if alternate arrangements are made such that Purchaser assumes responsibility for transportation or shipping of specimens to Quest Diagnostics's laboratory, Purchaser must ensure that the specimens are placed in containers designed to minimize the possibility of damage during shipment and must be securely sealed. 3. RESULTS AVAILABILITY AND DELIVERY. 3.1 RESULTS AVAILABILITY. Quest Diagnostics will release the results of specimens that are negative on the initial (screening) test to the Medical Review Officer (WRO"), if applicable, or to Purchaser, typically within twenty-four (24) hours after receipt of the specimen at the testing site. Quest Diagnostics will release non -negative (e.g, positive) results (or those requiring recheck) to the MRO, if applicable, or to Purchaser's authorized contact, typically within forty-eight (48) to seventy-two (72) hours after receipt of the specimen at the testing site. When Purchaser utilizes the services of an MRO, Purchaser will comply with the provisions in Section 9. Holidays and weekend work schedules or specimens requiring clarification by the Purchaser or collector may alter the schedule of results availability described above. 3.2 RESULTS DELIVERY. Results will be returned to a recipient designated by Purchaser according to a procedure agreed upon by Purchaser and Quest Diagnostics, including electronic reporting of results. To the extent Quest Diagnostics transmits test results electronically, using the Quest Diagnostics web -based reporting portal, Integrated Solutions (QIS) or Employer Solutions Portal (ESP), the parties shall agree to terms set forth in Exhibit E. 4. SUPPLIES. Quest Diagnostics will provide to Purchaser certain urine and/or hair specimen collection supplies as Quest Diagnostics deems proper to be used exclusively for ordering testing performed by Quest Diagnostics. Quest Diagnostics reserves the right to charge for these supplies when such orders exceed 120% of tests ordered. In the event Purchaser desires to purchase oral fluid testing services, the provisions included in Exhibit A shall apply. Custom forms and custom collection supplies are available at the fees set forth in Exhibit A. S. CONFIDENTIALITY. The parties agree that records related to test orders and/or test reports (collectively the "Data") shall be regarded as confidential, and both parties shall handle and use the Data in a confidential manner, as well as comply with all applicable federal and state laws and regulations regarding the use and disposition of such Data. Both parties agree to consider the terms of this Agreement confidential and not disclose any information contained in this Agreement to any outside party unless required by applicable law. 6. FEES AND PAYMENT TERMS. 6A FEES AND PAYMENT TERMS. Quest Diagnostics will invoice Purchaser at the fees set forth in Exhibit A in accordance with the specific needs of Purchaser and applicable federal and state statutes and regulations. Purchaser agrees to compensate Quest Diagnostics Net thirty (30) days Due Upon Receipt of the date of Quest Diagnostics's invoice. Quest Diagnostics reserves the right to charge a finance charge of one and one-half percent (1-1/2%) per month on any sixty (60) day past due balance or the maximum rate that the law permits. 6.2 LITIGATION ASSISTANCE FEES. Quest Diagnostics is qualified and available to provide litigation assistance for Purchaser at the fees outlined in Exhibit A of this Agreement. 7. TERM AND TERMINATION. 7.1 The term of this Agreement shall commence on the Effective Date and terminate after a period of twenty-four (24) months. Quest Diagnostics expressly reserves the right to increase or decrease its fees upon providing Purchaser with at least thirty (30) days advance written notice after the twenty-four (24) months has expired. 7.2 In addition to the foregoing, either party may terminate this Agreement immediately and at any time, due to a material breach, by providing the other party with written notice setting forth, with specificity, the nature of the material breach. Material breach means a violation of any law by a party such that the continued performance of the Agreement will subject either or both of the parties to potential fines or other penalties as a result of such continued performance of this Agreement. 8. MISCELLANEOUS. 8A ASSIGNMENT. All rights and obligations of either party under this Agreement may be assigned to its subsidiary, successor, or parent corporation. 8.2 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and supersedes all prior understandings, arrangements and agreements, relating to the subject matter hereof. This Agreement may not be amended or modified except by a mutual agreed upon written and signed amendment. 8.3 INDEPENDENT CONTRACTORS. It is expressly understood and agreed by the parties hereto that Quest Diagnostics and Purchaser are at all times independent contractors engaging in their own respective business. Neither party has authority to enter into contracts or assume any obligations for or on behalf of the other party. 8.4 PRETESTING. Quest Diagnostics's sports testing policy forbids any person, including a healthcare provider from using Quest Diagnostics laboratory services to engage in pre -testing or otherwise aid any athlete in attempting to avoid detection of use of banned drugs. "Pre -testing" is the analysis for drugs in order to determine the positive or negative status of an individual's urine prior to the testing of this individual by an athletic governing body or organization, which prohibits or penalizes the use of these drugs. Furthermore, Purchaser and Purchaser's Client represent and warrant that each specimen forwarded to Quest Diagnostics for testing is not for "Pre -testing" as defined above or intended to assist an athlete or individual in avoiding the detection of use of banned drugs, including but not limited to anabolic steroids. 8.5 QUEST DIAGNOSTICS' LOGOIPUBLICITY. Neither Party shall use the name or logo of the other Party and shall not originate any publicity, news release, or other public announcement, whether written or oral or via the Internet, relating to the other Party, this Agreement, any amendment hereto, any prices quoted herein or to any performance hereunder without prior written approval of the other Party. 'V r k vA Title Title: Date: Date: EXHIBIT A TO SUBSTANCE ABUSE TESTING SERVICES AGREEMENT FEES PRICING FOR "LAB BASED" TESTING AND SERVICES Testing protocols will be provided to Purchaser upon request. Quest Diagnostics is pleased to offer the following pricing: Description Test Code Client Test Code Price: DOT DRUG PANEL WITS=[45304N] $14.00 SAP5-50 OP2K MDMA A500 C1501T=[45105N] $13.50 QUEST RUN RANDOM =[24953N] $400.00 COLLECTION FEE - QUEST= [8766N] $11.00 COLLECTION FEE - PREFERRED=[35499N] $15.50 PSC Collection Urine Regulated=[21668N] $11.00 Preferred Coll Urine Regulated=[23519N] $15.50 MRO SERVICES=[8746N] $4.50 MRO POSITIVE ONLY $20.00 PRICING FOR ORAL FLUID COLLECTION SUPPLIES Product Number I Product Name I Price Per Kit Purchaser is responsible for any shipping, handling, and any applicable salesluse tax. RETURN TERMS: The oral fluid collection product is not returnable except for the following reasons or as otherwise required by applicable law: • Device is defective; ■ Units were received damaged or incomplete; and/or ■ Units were delivered to Purchaser by Quest Diagnostics past the applicable, marked expiration date as indicated on the collection kit. No refunds will be issued for returned devices. Devices returned for any of the above reasons will be replaced at no additional cost to Purchaser. In the event Quest Diagnostics or Purchaser discontinues or terminate the Agreement or this Exhibit, Purchaser will be obligated to pay for any oral fluid collection supplies provided to Purchaser prior to the discontinuance or termination of services. SUMMARY OF SERVICES INCLUDED IN ABOVE PRICING • Where bundled testing is provided, the initial screen and confirmation of positives by mass spectrometry (e.g. GC/MS or LC/MS) is included in the Test Code Price above. ■ Transportation of ALL specimens to laboratory (international shipping provided at an additional charge). • Supplies for urine and hair specimen collection. ■ Handling of rejected specimens or those otherwise unfit for testing. Retention of positive urine or oral fluid specimens in frozen storage for a minimum period of one year. ■ Retention of positive hair specimens for a minimum period of one year. SUMMARY OF SERVICES AVAILABLE AT AN ADDITIONAL CHARGE ■ TestSure T" quantitative urine adulteration detection panel. ■ Custom Requisitions (non-standard requisitions). ■ Custom Supplies. ■ Reporting of hard -copy results in a method other than faxing or electronic transmission (if delivered by overnight commercial courier, U.S. Mail, etc.). LITIGATION ASSISTANCE WILL BE CHARGED AS FOLLOWS: ■ Litigation Assistance (One Witness, i.e., a Laboratory Responsible Person, Director, or other person designated by Quest Diagnostics, will be made available to testify about the information contained within a documentation package, including test data, laboratory policies, procedures, and SOPs) $1000.001day and $125.00Ihour after eight hours, or $500.001ha€f-day, or $125.001hour (per witness) Plus travel expenses ■ Deposition (One Witness, i.e., a Laboratory Responsible Person, Director, or other person requested by the Purchaser, will be made available to testify on site at a Quest Diagnostics laboratory — including telephone and televised testimony from a Quest Diagnostics's laboratory. Additional fact witnesses will be made available for deposition at Quest Diagnostics's discretion.) $125.00/Hour per witness ■ Test Documentation Packet (Litigation Packet) $250.00IPacket ■ Cancellation Fee (when cancelled with less than 24 hours notice) $125.00/Record ■ Record Retrieval Please note: $50.00/Record ■ Fees contained within this agreement are offered for 30 days from the Effective Date. ■ Bundled pricing is based on confirmation testing rate of up to 5%. EXHIBIT C TO SUBSTANCE ABUSE TESTING SERVICES AGREEMENT Random Program Management Quest Diagnostics will provide Random Program Management to the Purchaser, subject to the following provisions: SERVICES TO BE PERFORMED BY QUEST DIAGNOSTICS. Quest Diagnostics will maintain a list or lists (the "Lists") of Purchaser's employees subject to random testing under Purchaser's Substance Abuse Testing Program, which Lists shall be updated regularly and periodically by Quest Diagnostics solely at the direction of Purchaser. Each individual on the List shall be assigned a number or other neutral identifier which will be used by Quest Diagnostics and Purchaser in all communications indicating a selection for random drug testing; Quest Diagnostics will, on at least a monthly basis, and periodically throughout the year, use a computer -generated random selection process to select a certain number of Purchaser's employees for random drug testing from the then -current Lists, selecting each time a fixed percentage of Purchaser's employees from the Lists sufficient to ensure that on an annual basis, the total number of selections made shall meet or exceed the minimum random testing rate that Purchaser has selected for its random drug testing program; Quest Diagnostics will convey to Purchaser's designated representative the subset of the List of individuals/employees selected for random drug testing as described above so that Purchaser can inform those individuals/employees selected to report for drug testing SERVICES TO BE PERFORMED BY PURCHASER. • Designate a limited number of qualified employees to coordinate Purchaser's substance abuse program with Quest Diagnostics; • Maintain a secure facsimile machine and any other equipment used to transmit and receive information regarding employees subject to Purchaser's random testing program, including, if applicable substance abuse test results, in a secure, enclosed, limited access area, and to maintain reasonable procedure to ensure confidentiality of such information including but not limited to secure e-mail; • Keep the Lists provided to Quest Diagnostics updated and current. Purchaser also acknowledges and agrees that Quest Diagnostics's administration of random drug testing only extends to individuals/employees expressly referenced in the Lists; Purchaser agrees and acknowledges that Purchaser has sole responsibility to determine which of its employees are to be placed on the Lists in compliance with all applicable state and federal laws rules and/or regulations; • Direct any and all questions related to the legality of Purchasers internal random drug testing program to Purchaser's counsel or appropriate governmental agency; and • Reimburse Quest Diagnostics a non-refundable annual administration fee of 14QO due immediately upon execution of this Agreement. This includes one pool group. An additional $50.00 will be charged for each pool thereafter. Cc: Christine Villaire <cvillair@southbendin.gov>; Halteman, Anna R <Anna.R.Halteman uestdia nostics.com> Subject: Quest Diagnostics - Updated agreement Dear Krya and Christine, Good morning, please see attached agreement for City of South Bend. The agreement reflects the September 1" date and the updated verbiage in section 7.1. Please contact me if you have any further questions and thank you for your time. Best, Anna Anna R. Halteman Quest Diagnostics (Sales Executive, Employer Solutions] 1201 S. Collegeville Road ICollegeville, PA 19426 USA 1 phone 610-454-4535 fax 267-436-3516 1 1 Anna.R.HaltemanC@questdiagnostics.com Please think about resource conservation before you print this message Be sure to check out the link below to our blog on the progress we are making with Electronic DOT Chain of Custody's http://blog.employersolutions.com/category/products-and-services-2/eccf/ From: Halteman, Anna R Sent: Tuesday, August 01, 2017 10:04 AM To: Christine Villaire Cc: Halteman, Anna R Subject: FW: Quest Diagnostics - Hello Dear Christine, Hello, my apologies for the delays. Please see attached agreements for City of South Bend. The agreement stating Quest Diagnostics agrees to hold the pricing for two years for the City of South Bend. Along with the agreement I've also attached the online reporting form and the Random registration form. Once signed please return to me at 267-436-3516 or via email. Thank you, Anna Anna R. Halteman Quest Diagnostics ISales Executive, Employer Solutions) 1201 S. Collegeville Road ICollegeviIle, PA 19426 USA I phone 610-454-4535 fax 267-436-3516 1 1 Anna. R.Halteman@questdiagnostics.com Please think about resource conservation before you print this message BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/15/2017 Name Kyra Clark Department Adm & Fin BPW Date August 22, 2017 Phone Extension 7678 L)�g Agreement H Contract U Proposal Ll Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Required Information Company or Vendor Name Quest Diagnostics New Vendor MBEIWBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description J Yes N No LJ If Yes, Approved by Purchasing MBE ❑ WBE Substance Abuse Testing Services Agreement None Liability Insurance Fund 226-0418-671-39-80 $ See Exhibit A Employee substance abuse testing services. Fee schedule attacehd. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination. Non -Debarment. E-Verifv. Iran. etc. Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: 0% New Amount $ 0 Total Percent of Change: 0% Dispersal After Approval ` Copy Original ❑ ❑ ❑ ❑ ❑ ❑