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HomeMy WebLinkAboutAgreement A-23-634 with County of Madera.pdf Agreement No. 23-634 MADERA COUNTY CON3 CT No. i2sq7- z 1 SERVICE AGREEMENT 2 This Service Agreement("Agreement") is dated and will begin October 10, 2023, and is 3 between COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter 4 referred to as "FRESNO LAB", and COUNTY OF MADERA, a Political Subdivision of the State 5 of California, whose address is 200 W. 4'h Street, Madera, California 93637, hereinafter referred 6 to as "MADERA LAB", at times each singularly referred to herein as a"Party" and collectively as 7 the "Parties." 8 Recitals 9 WHEREAS, FRESNO LAB and MADERA LAB previously entered into 10 Agreement number A-20-467, dated November 10, 2020 (hereinafter"Original 11 Agreement"), pursuant to which MADERA LAB agreed to provide emergency aid to 12 FRESNO LAB in the form of Outsourced Testing of Category A and B Specimens to 13 14 Provide for the safety and wellbeing of Fresno County residents; 15 WHEREAS, FRESNO LAB and MADERA LAB subsequently also entered into 16 an Agreement number A-22-029, dated November 18, 2022 (hereinafter"Ratified 17 Agreement"), pursuant to which MADERA LAB agreed to provide emergency aid to 18 FRESNO LAB in the form of Outsourced Testing of Category A and B Specimens to 19 provide for the safety and wellbeing of Fresno County residents; and 20 WHEREAS, FRESNO LAB and MADERA LAB now desire to enter into a new 21 22 agreement for purposes of providing laboratory testing services and support to one another for 23 purposes of efficiency, effectiveness, and the safety and wellbeing of each Party's residents. 24 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions 25 herein contained, the Parties hereto agree as follows: 26 27 28 1 I Article 1 2 Services 3 1.1 Scope of Services. When providing laboratory and testing services for the other 4 Party, the performing Party shall perform all the services provided in Exhibit A to this 5 Agreement, titled "Scope of Services." 6 A. MADERA LAB shall also perform all services and fulfill all 7 responsibilities identified in Exhibit B, attached hereto and by this reference 8 incorporated herein. 9 B. MADERA LAB shall administer all testing performed at its respective 10 laboratories and facilities directly funded by its County in accordance with the 11 applicable statutes and regulations, and its standard policies and procedures. 12 C. FRESNO LAB shall also perform all services and fulfill all 13 responsibilities identified in Exhibit C-attached hereto and by this reference 14 incorporated herein. 15 D. FRESNO LAB shall administer all testing performed at its respective 16 laboratories and facilities directly funded by its County in accordance with the 17 applicable statutes and regulations, and its standard policies and procedures. 18 19 1.2 Representation. Each Party represents that it is qualified, ready, willing, and 20 able to perform all the services provided in this Agreement. 21 1.3 Compliance with Laws. Each Party shall, at its own cost, comply with all 22 applicable federal, state, and local laws and regulations in the performance of its obligations 23 under this Agreement, including but not limited to workers compensation, labor, and 24 confidentiality laws and regulations. 25 26 27 28 2 1 Article 2 2 Responsibilities 3 2.1 The FRESNO LAB shall provide samples identified in Exhibit C to MADERA LAB 4 for testing via courier. 5 2.2 The MADERA LAB shall provide samples identified in Exhibit B to FRESNO LAB 6 for testing via courier. 7 Article 3 8 Compensation, Invoices, and Payments 9 3.1 The FRESNO LAB agrees to pay, and the MADERA LAB agrees to receive, 10 compensation for the performance of its services under this Agreement as described in Exhibits 11 A and B. FRESNO LAB shall reimburse MADERA LAB for the laboratory services provided, 12 including any applicable costs for testing, analysis, equipment usage, supplies, and personnel. 13 3.2 The MADERA LAB agrees to pay, and the FRESNO LAB agrees to receive, 14 compensation for the performance of its services under this Agreement as described in Exhibits 15 A and C to this Agreement. FRESNO LAB shall provide laboratory services to MADERA LAB at 16 Medi-Cal rates. The Medi-Cal rates shall be determined based on the prevailing market rates for 17 laboratory services in the region, these rates are updated yearly. MADERA LAB shall 18 reimburse FRESNO LAB for the laboratory services provided, including any applicable costs for 19 testing, analysis, equipment usage, supplies, and personnel. 20 3.3 The Parties' respective Directors of Public Health ("Directors") are hereby 21 granted the authority to negotiate prices for services that are not explicitly listed within the 22 Agreement. In situations where services are required during an emergency event but are not 23 covered under the existing agreement, the Directors are empowered to engage in negotiations 24 with one another to establish fair and reasonable pricing terms. The negotiated prices shall take 25 into consideration factors such as prevailing market rates, industry standards, and the specific 26 nature and urgency of the services required. The Directors shall promptly inform both 27 laboratories of any negotiated prices and seek their approval before finalizing any agreements 28 related to pricing for additional services. 3 1 3.4 Maximum Compensation. The maximum compensation payable to the 2 MADERA LAB under this Agreement is Two Hundred-Fifty Thousand Dollars ($250,000.00). 3 The FRESNO LAB estimates testing services will average Fifty Thousand Dollars ($50,000.00) 4 per year. In the event that less than Fifty Thousand Dollars ($50,000.00) is expended during a 5 given contract year, only the actual amount expended will be subtracted from the maximum 6 compensation amount. 7 3.5 The maximum compensation payable to the FRESNO LAB under this 8 Agreement is Two Hundred-Fifty Thousand Dollars ($250,000.00). The MADERA LAB 9 estimates testing services will average Fifty Thousand Dollars ($50,000.00) per year. In the 10 event that less than Fifty Thousand Dollars ($50,000.00) is expended during a given contract 11 year, only the actual amount expended will be subtracted from the maximum compensation 12 amount. 13 3.6 It is understood that all expenses incidental to each performance of services 14 under this Agreement shall be borne by the Party performing the request. Compensation 15 amounts are estimates and not a guarantee of minimum service being provided by either 16 FRESNO LAB or MADERA LAB. 17 3.7 The Parties acknowledges that each Party may receive compensation under this 18 Agreement only for services performed according to the terms of this Agreement and while this 19 Agreement is in effect, and subject to the maximum amount payable under this section. The 20 Parties further acknowledge that each Party's employees have no authority to pay the other 21 Party except as expressly provided in this Agreement. 22 Mailing Address for Purposes of Invoices: 23 County of Fresno County of Madera Department Public Health Lab Department Public Health Lab 24 1221 Fulton Mall 1604 Sunrise Ave Fresno, CA 93721 Madera, CA 93638 25 Email: 26 County of Fresno County of Madera dphboap(a-)-fresnocountyca.gov 27 dphlab(aD-fresnocountyca.gov DPH Fiscal maderacounty.com 28 4 1 3.8 Invoices. MADERA LAB shall submit quarterly invoices in triplicate to the 2 FRESNO LAB's Department of Public Health ("Fresno DPH"). Invoices will also be emailed to 3 both Fresno DPH Accounts Payable and Fresno DPH Lab. FRESNO LAB shall submit quarterly 4 invoices in triplicate to the MADERA LAB's Department of Public Health ("Madera DPH"). 5 Invoices will also be emailed to both the Madera Lab and Madera DPH. All final invoices shall 6 be submitted within 60 days of the expiration or termination of this Agreement. 7 3.9 Payment. The Parties shall pay each accurate, completed and timely submitted 8 invoice within 45 days after receipt of same. The paying Party shall remit any payment to the 9 submitting Party's address specified in the respective invoice. 10 3.10 Incidental Expenses. Each Party is solely responsible for all of its respective 11 costs and expenses that are not specified as payable by the other Party under this Agreement. 12 3.11 Emergency Event. In the event of an emergency, MADERA LAB and FRESNO 13 LAB may enter into a mutual aid agreement that allows for the sharing of services, resources, 14 and expertise between the two laboratories. Such agreement shall be aimed at enhancing the 15 capacity to respond effectively and efficiently to the emergency, including but not limited to 16 terms addressing the sharing of laboratory facilities, equipment, personnel, and any necessary 17 supplies. Any such agreement will remain in effect until the emergency event is resolved and/or 18 until both Parties mutually agree to terminate. 19 Article 4 20 Term of Agreement 21 4.1 Term. This Agreement is effective on the date that the Parties sign this 22 Agreement and terminates on October 10, 2028, except as provided in Section 4.2, "Extension," 23 or Article 6, "Termination and Suspension," below. 24 Article 5 25 Notices 26 5.1 Contact Information. The persons and their addresses having authority to give 27 and receive notices provided for or permitted under this Agreement include the following: 28 5 1 For the FRESNO LAB: Director of Public Health 2 County of Fresno 1221 Fulton Mall 3 Fresno, CA 93721 dphiab@fresnocountyca.gov 4 dphboap@fresnocountyca.gov 5 For the MADERA LAB: 6 Director of Public Health County of Madera Department of Public Health 7 1604 Sunrise Ave Madera, CA 93638 8 sara.bosse@maderacounty.com (559) 675-7893 Fax: (559) 675-0478 9 With copy to: 10 Clerk of the Board Madera County Board of Supervisors 11 200 West 4th Street Madera, CA 93637 12 13 5.2 Change of Contact Information. Either Party may change the contact 14 information in section 5.1 by giving notice as provided in section 5.3. 15 5.3 Method of Delivery. Each notice between the Parties provided for or permitted 16 under this Agreement must be in writing, state that it is a notice provided under this Agreement, 17 and be delivered either by personal service, first-class United States mail, overnight commercial 18 courier service, telephonic facsimile transmission, or Portable Document Format (PDF) 19 document attached to an email. 20 (A) A notice delivered by personal service is effective upon service to the 21 recipient. 22 (B) A notice delivered by first-class United States mail is effective three 23 business days after deposit in the United States mail, postage prepaid, addressed to the 24 recipient. 25 (C) A notice delivered by an overnight commercial courier service is effective 26 one business day after deposit with the overnight commercial courier service, delivery 27 fees prepaid, with delivery instructions given for next day delivery, addressed to the 28 recipient. 6 1 (D) A notice delivered by telephonic facsimile transmission or by PDF 2 document attached to an email is effective when transmission to the recipient is 3 completed (but, if such transmission is completed outside of the Parties' standard 4 business hours, then such delivery is deemed to be effective at the next beginning of a 5 business day), provided that the sender maintains a machine record of the completed 6 transmission. 7 Article 6 8 Termination and Suspension 9 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are 10 contingent on the approval of funds by the appropriating government agency. If sufficient funds 11 are not allocated, then the Party without sufficient funds, upon at least 30 days' advance written 12 notice to the other Party, may: 13 (A) Modify the services provided under this Agreement; or 14 (B) Terminate this Agreement. 15 6.2 Termination for Breach. 16 (A) Upon determining that a breach (as defined in paragraph (C) below) has 17 occurred, the non-breaching Party may give written notice of the breach to the breaching 18 Party. The written notice may suspend performance under this Agreement and must 19 provide at least 30 days for the breaching Party to cure the breach. 20 (B) If the breaching Party fails to cure the breach to the non-breaching Party's 21 satisfaction within the time stated in the written notice, the non-breaching Party may 22 terminate this Agreement immediately. 23 (C) For purposes of this section, a breach occurs when a Party has: 24 (1) Obtained or used funds illegally or improperly; 25 (2) Failed to comply with any part of this Agreement; 26 (3) Submitted a substantially incorrect or incomplete report to the 27 other Party; or 28 (4) Improperly performed any of its obligations under this Agreement. 7 1 6.3 Termination without Cause. In circumstances other than those set forth above, 2 either Party may terminate this Agreement by giving at least 30 days' advance written notice to 3 the non-terminating Party. 4 6.4 No Penalty or Further Obligation. Any termination of this Agreement under this 5 Article 6 is without penalty to or further obligation of the terminating Party to the non-terminating 6 Party. 7 6.5 Rights upon Termination. Upon termination for breach under this Article 6, the 8 non-breaching Party may demand repayment by the breaching Party of any monies disbursed 9 to the breaching Party under this Agreement that, in the non-breaching Party's reasonable 10 judgment, were not expended in compliance with this Agreement. The breaching Party shall 11 promptly refund all such monies upon demand. This section survives the termination of this 12 Agreement. 13 Article 7 14 Independent Contractor 15 7.1 Status. In performing under this Agreement, the Parties acknowledge that they, 16 including their respective officers, agents, employees, and volunteers, are at all times acting and 17 performing as independent contractors, in independent capacities, and not as officers, agents, 18 servants, employees,joint venturers, partners, or associates of the other Party. 19 7.2 Verifying Performance. The non-performing Party has no right to control, 20 supervise, or direct the manner or method of the performing Party's performance under this 21 Agreement, but the non-performing Party may verify that the performing Party is performing 22 according to the terms of this Agreement. 23 7.3 Benefits. Because of each Party's status as an independent contractor, neither 24 Party has any right to employment rights or benefits available to the other Party's employees. 25 Each Party is solely responsible for providing to its own employees all employee benefits 26 required by law. Each Party shall save the other Party harmless from all matters relating to the 27 payment of a Party's own employees, including compliance with Social Security withholding and 28 all related regulations. 8 1 7.4 Services to Others. The Parties acknowledge that, during the term of this 2 Agreement, either Party may provide services to others unrelated to the Parties herein. 3 Article 8 4 Indemnity and Defense 5 8.1 Indemnity. Each Party shall indemnify, hold harmless and defend the other 6 Party (including its officers, agents, employees, and volunteers) against all claims, demands, 7 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and 8 liabilities of any kind to the non-indemnifying Party or any third party to the extent arising from or 9 related to the indemnifying Party's (or any of its officers', agents', subcontractors', or 10 employees') negligence, recklessness or willful misconduct arising from or relating to this 11 Agreement. The non-indemnifying Party may conduct or participate in its own defense without 12 affecting the indemnifying Party's obligation to indemnify and hold harmless or defend the non- 13 indemnifying Party. 14 8.2 Survival. This Article 8 survives the termination of this Agreement. 15 Article 9 16 Insurance 17 9.1 The Parties shall comply with all the insurance requirements in Exhibit D to this 18 Agreement. 19 Article 10 20 Inspections, Audits, and Public Records 21 10.1 Inspection of Documents. Each Party shall make available to the other Party 22 for examination, upon five (5) business days' notice during business hours and as often as the 23 inspecting Party deems necessary, all of the non-inspecting Party's records and data with 24 respect to the matters covered by this Agreement, excluding attorney-client privileged 25 communications. The non-inspecting Party shall, upon request by the inspecting Party, permit 26 the inspecting Party to audit and inspect all such records and data to ensure the non-inspecting 27 Party's compliance with the terms of this Agreement. 28 9 1 10.2 State Audit Requirements. If the compensation paid by either Party under this 2 Agreement exceeds Ten Thousand Dollars ($10,000.00), the Parties will be subject to 3 examination and audit by the California State Auditor, as provided in California Government 4 Code section 8546.7, for a period of three (3) years after final payment under this Agreement. 5 This section survives the termination of this Agreement. 6 10.3 Public Records. The Parties agree and acknowledge that each is a public entity 7 subject to the California Public Records Act (Gov. Code § 7920.000, et seq.) and the Ralph M. 8 Brown Act (Gov. Code § 54950, et seq.), and as such the Parties agree and acknowledge that 9 all information and documents related to the performance of this Agreement are subject to the 10 requirements thereof. 11 Article 11 12 General Terms 13 11.1 Modification. Except as provided in Article 6, "Termination and Suspension," this 14 Agreement may not be modified, and no waiver is effective, except by written agreement signed 15 by both Parties. The Parties acknowledge that each Party's employees have no authority to 16 modify this Agreement except as expressly provided herein. 17 11.2 Non-Assignment. Neither Party may assign its rights or delegate its obligations 18 under this Agreement without the prior written consent of the other Party. 19 11.3 Governing Law. The laws of the State of California govern all matters arising 20 from or related to this Agreement. 21 11.4 Jurisdiction and Venue. The Parties consent to California jurisdiction for actions 22 arising from or related to this Agreement, and, subject to the Government Claims Act, all such 23 actions must be brought and maintained in Fresno County. 24 11.5 Claims Presentation. For all claims arising from or related to this Agreement, 25 nothing in this Agreement establishes, waives, or modifies any claims presentation 26 requirements or procedures provided by law, including the Government Claims Act(Division 3.6 27 of Title 1 of the Government Code, beginning with section 810). 28 10 1 11.6 Construction. The final form of this Agreement is the result of the Parties' 2 combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to 3 be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement 4 against either Party. 5 11.7 Days. Unless otherwise specified, "days" means calendar days. 6 11.8 Headings. The headings and section titles in this Agreement are for convenience 7 only and are not part of this Agreement. 8 11.9 Severability. If anything in this Agreement is found by a court of competent 9 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in 10 effect, and the Parties shall make best efforts to replace the unlawful or unenforceable part of 11 this Agreement with lawful and enforceable terms intended to accomplish the Parties' original 12 intent. 13 11.10 Nondiscrimination. During the performance of this Agreement, the Parties shall 14 not unlawfully discriminate against any employee or applicant for employment, or recipient of 15 services, because of race, religious creed, color, national origin, ancestry, physical disability, 16 mental disability, medical condition, genetic information, marital status, sex, gender, gender 17 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to 18 all applicable State of California and federal statutes and regulation. 19 11.11 No Waiver. The failure of a Party to insist upon strict adherence to any term of 20 this Agreement on any occasion shall not be considered a waiver of such Party's rights or 21 deprive such Party of the right thereafter to insist upon strict adherence to that term or any other 22 term of this Agreement. 23 11.12 Entire Agreement. This Agreement, including its exhibits, is the entire 24 agreement between the Parties with respect to the subject matter of this Agreement, and it 25 supersedes all previous negotiations, proposals, commitments, writings, advertisements, 26 publications, and understandings of any nature unless those things are expressly included in 27 this Agreement. If there is any inconsistency between the terms of this Agreement without its 28 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving 11 1 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the 2 exhibits. 3 11.13 No Third-Party Beneficiaries. This Agreement does not and is not intended to 4 create any rights or obligations for any person or entity except for the Parties. 5 11.14 Authorized Signature. The Parties each represent and warrant to the other that: 6 (A) They are duly authorized and empowered to sign and perform their 7 respective obligations under this Agreement. 8 (B) The individuals signing this Agreement are duly authorized to do so and 9 their signatures on this Agreement legally bind their respective Party to the terms of this 10 Agreement. 11 11.15 Electronic Signatures. The Parties agree that this Agreement maybe executed 12 by electronic signature as provided in this section. 13 (A) An "electronic signature" means any symbol or process intended by an 14 individual signing this Agreement to represent their signature, including but not limited to 15 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an 16 electronically scanned and transmitted (e.g., by PDF document) version of an original 17 handwritten signature. 18 (B) Each electronic signature affixed or attached to this Agreement (1) is 19 deemed equivalent to a valid original handwritten signature of the person signing this 20 Agreement for all purposes, including but not limited to evidentiary proof in any 21 administrative or judicial proceeding, and (2) has the same force and effect as the valid 22 original handwritten signature of that person. 23 (C) The provisions of this section satisfy the requirements of California Civil 24 Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil 25 Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). 26 (D) Each Party using a digital signature represents that it has undertaken and 27 satisfied the requirements of Government Code section 16.5, subdivision (a), 28 12 1 paragraphs (1)through (5), and agrees the other Party may rely upon that 2 representation. 3 (E) This Agreement is not conditioned upon the Parties conducting the 4 transactions under it by electronic means and either Party may sign this Agreement with 5 an original handwritten signature. 6 11.16 Counterparts. This Agreement may be signed in counterparts, each of which is 7 an original, and all of which together constitute this Agreement. 8 The Parties are signing this Agreement on the date stated in the introductory clause. 9 COUNTY OF MADERA COUNTY OF FRESNO 10 11 �+-' 12 Chai man, Board of SupervisqFs of the S Q i ero, hairman of the Board of County of Madera S is the County of Fresno 13 200 West 4th Street Attest: 14 Madera, CA 93638 Bernice Seidel Clerk of the Board of Supervisors 15 County of Fresno, State of California 16 By: 17 Deputy 18 For accounting use only: 19 Org No.: 56201620 Account No.:7295 20 Fund No.:0001 Subclass No.:10000 21 22 23 24 25 26 27 28 13 Approved as to Legal Form: COUNTY COUNSEL Digitally signed by:Amanda Savage Amanda SavageDN:CN=Amanda Savage email= as4vage@lozanosmith.com C=US O= Loiano Smith ByDale 2023.09.1314:37:18-0700 ACCOUNT NUMBERS: CONTRACTING PARTIES: COUNTY OF FRESNO COUNTY OF MADERA TITLE OF CONTRACT: SERVICE AGREEMENT Exhibit A Scope of Services 1 Scope of Services For Both Parties 2 Services include, but are not limited to, laboratory testing and timely responses for 3 routine laboratory orders. These services will be required for the operation of both Public Health 4 Laboratories. Parties will provide all laboratory services and necessary supplies. Parties must 5 be CLIA (Clinical Laboratory Improvement Amendments) certified. Laboratory services will be 6 provided in response to laboratory specimens transported by a courier service provided by the 7 requesting party. 8 1. All services will be provided in accordance with County, State, and Federal 9 client/consumer confidentiality requirements. 10 2. Billings for services will be submitted on a monthly invoice statement. 11 3. Billing Discrepancies: Both parties will provide one person to address billing 12 questions and discrepancies. The parties agree to respond to inquiries in a timely manner- 13 within 7 business days. 14 4. The parties will be required to assume full responsibility for all services and 15 activities offered in the Agreement. The parties may not subcontract or transfer the contract or 16 any right or obligation arising out of the contract without first having obtained the express written 17 consent of the requesting party. 18 5. The parties require at least 60 days prior notice, or reasonable notice, of all 19 system changes that impact fax/e-mail response, invoicing, and requisition forms. The notice 20 should include what change is taking place, when it is happening, what is causing the change, 21 what will be impacted, and how it will be implemented. If the changes impact existing account 22 numbers, the parties will provide detailed steps that will be taken to avoid duplicate billing. 23 24 25 26 27 28 Exhibit B Madera County Lab Rates 1 2 ERA Exhibit B 3 �; .... ,,r� Public Health Laboratory Testing Page IofI 4 fr J� 5 PUBLIC HEALTH 6 The following is a comprehensive list of lab procedures currently performed by the Madera County Public Health Laboratory. 7 Human Pathogen 8 e QFT TB-GOLD PLUS-$40 per test o Description:testing for the diagnosis of latent Mycobacterium tuberculosis(TB) 9 infection 10 a AFBs/TB digestion&culture-$24 per test o Description:screening for Mycobacterium tuberculosis(TB),and screening stain for the 11 preliminary findings of the presence of Acid-fast bacilli organisms in sputum samples 12 o TB identification by Genprobe-$50 per test 13 o Description:Molecular identification for Mycobacterium tuberculosis(TB) 14 ' XPERT MTB-RIF ASSAY-$75 per test o Description:Nucleic Acid Amplification/PCR Test 15 16 Animal and Environmental Threats o Rabies-$50 per test 17 o Description:Rabies examination of animal brain tissue 18 19 20 21 22 23 24 Lead.Protect.Empower. 25 26 27 28 Exhibit C Fresno County Medi-Cal Rate based on Medi-Cal Rates* Avatar Code TC AMT CPT1 ISN T RLC TEST NAME LPT DEL 0.00 00000 Delete Record ----- B1 4.72 87205 LB1 i Gram Stain FCPHL B2 7.33 87081 LB2 Gonorrhea Culture FCPHL B4 7.33 87081 LB4 Strept A Screen FCPHL B5 7.33 87081 LB5 Strept B Screen FCPHL B6 10.43 87045 LB6 Stool Culture(Enteric Pathogens) FCPHL B7 10.43 87045 LB7 Stool Culture for E. coli O157:1-17 FCPHL B8 7.60 87086 LB8 Urine Culture FCPHL B9 9.52 87070 LB9 Bacterial Culture(General) FCPHL B10 14.98 87166 LB10 Darkfield FCPHL B11 11.42 87040 LB11 Blood Culture FCPHL B12 12.45 87075 LB12 Culture for Anaerobes FCPHL B13 0.00 NONE LB13 Bacteriological Reference Spec ID FCPHL BSF1 8.89 87184 LBSF1 Susceptibility Test(Non-Fermenter 1) FCPHL BSN1 8.89 87184 LBSN1 Susceptibility Test(Gram Neg 1) FCPHL BSN2 8.89 87184 LBSN2 Susceptibility Test(Gram Neg 2) FCPHL BSN3 8.89 87184 LBSN3 Susceptibility Test(Gram Neg 3) FCPHL BSP1 8.89 87184 LBSP1 Susceptibility Test(Gram Pos 1) FCPHL BSP2 8.89 87184 LBSP2 Susceptibility Test(Gram Pos 2) FCPHL BSP3 8.89 87184 LBSP3 Susceptibility Test(Gram Pos 3) FCPHL C1 17.80 83655 LC1 Blood Lead(Capillary) FCPHL C2 17.80 83655 LC2 Blood Lead(Venous) FCPHL C4 5.85 84460 LC4 ALT(Alanine Aminotransferase) FCPHL C5 5.32 82040 LC5 Albumin FCPHL i C6 6.52 84075 LC6 Alkaline Phosphatase FCPHL C7 8.33 82150 LC7 Amylase FCPHL C8 5.71 84450 LC8 AST(Aspartate Aminotransferase) FCPHL C9 5.55 82248 LC9 Bilirubin (Direct) FCPHL C10 6.08 82247 LC10 Bilirubin(Total) FCPHL C11 4.36 84520 LC11 BUN(Blood Urea Nitrogen) FCPHL C12 6.08 82310 LC12 Calcium FCPHL C13 5.32 82435 LC13 Chloride FCPHL C14 4.03 82465 LC14 Cholesterol(Total) FCPHL C15 5.32 82374 LC15 CO2(Venous) FCPHL C16 5.32 82565 LC16 Creatinine FCPHL C17 9.02 82977 LC17 GGT(Gamma Glutamyltransterase) FCPHL C18 4.34 82947 LC18 Glucose FCPHL C19 7.60 83615 LC19 HDL Cholesterol FCPHL C19a 0.00 00000 LC19a LDL Cholesterol(Calculated Result) FCPHL C19b 0.00 00000 LC19b Cardiac Risk Factor FCPHL C20 7.41 83735 LC20 Magnesium FCPHL C21 0.00 83930 LC21 Osmolality FCPHL C22 5.32 84100 LC22 Phosphorus FCPHL C23 5.32 84132 LC23 Potassium FCPHL C24 5.32 84295 LC24 Sodium FCPHL C25 4.42 84155 LC25 Total Protein FCPHL C26 6.64 84478 LC26 Triglycerides FCPHL C27 5.00 84550 LC27 Uric Acid FCPHL C50 35.04 84403 LC50 Testosterone QUEST C51 20.20 82607 LC51 Vitamin B12 QUEST C52 18.85 82550 LC52 Creatinine Kinase QUEST C53 72.55 83001 LC53 Follicle Stimulating Hormone(FSH) QUEST C54 5.00 84443 LC54 Thyroid Stimulating Hormone(TSH) QUEST C55 17.95 83540 LC55 Iron TIBC QUEST CP1 11.69 80053 LCP1 Comprehensive Metabolic Panel FCPHL CP2 9.03 80076 LCP2 Liver Function Panel FCPHL CP3 7.75 80051 LCP3 Electrolyte Panel FCPHL CP4 13.88 80061 LCP4 Lipid Panel FCPHL CP5 9.36 80048 LCP5 Metabolic Panel (Chem 7) FCPHL CP6 9.60 80069 LCP6 Renal Function Panel FCPHL H1 10.11 85025 LH1 CBC with Differential FCPHL H2 7.16 85027 LH2 Hemogram FCPHL H3 4.28 85651 LH3 Sedimentation Rate FCPHL H4 63.61 86360 LH4 T-Lymphocyte Helper/CD4 QUEST H5 5.27 87205 LH5 Stool for WBC(Wright Stain) FCPHL H6 2.64 85015 LH6 Hemoglobin FCPHL H7 2.62 85014 LH7 Hematocrit FCPHL H50 5.00 85025 LH50 CBC with Differential(5 Part Auto) QUEST H51 5.00 85023 LH51 CBC with Differential (5 Part Manual) FCPHL H52 5.31 85590 LH52 Platelet Count QUEST H53 4.91 85045 LH53 Reticulocyte Count QUEST H54 26.75 83036 LH54 Hemoglobin A1C(Glucose) QUEST H55 7.60 83036 LH55 Glycohemoglobin A1C(Anemia) QUEST H56 18.25 85730 LH56 APTT QUEST H57 12.80 85610 LH57 Prothrombin Time(PT) QUEST H59 80.25 83020 LH59 Hemoglobin Fractionation QUEST M1 7.60 87206 LM1 Mycobacterial Acid Fast Smear FCPHL M2 0.00 87116 LM2 Mycobacterial Culture FCPHL M2b 12.10 87118 LM2b Mycobacterial Definative Identification FCPHL Mycobacterial Specimen M2c 9.12 87015 LM2c Concentration FCPHL Mycobacterial Susceptibility Test M3 18.24 87190 LM3 (MGIT) FCPHL Mycobacterial Susceptibility Test M3q 18.24 87190 LM3q (Quad) FCPHL M4 0.00 NONE LM4 AFB Cl (Reference Specimen) FCPHL M5 0.00 00000 LM5 Mtb Amplified Probe OCPHL MF1 7.60 87101 LMF1 Fungal Culture(Skin, Hair, Nails) FCPHL MF2 9.12 87206 LMF2 Fungal Culture(Other Source) FCPHL MF3 5.27 87210 LMF3 Fungal Microscopic(KOH Prep) FCPHL M174 5.27 87210 LMF4 Fungal Microscopic(India Ink) FCPHL MF5 0.00 NONE LMF5 Fungal Reference Spec ID FCPHL MS50 0.00 NONE LMS50 IgG/IgM Chikungunya Fever(STATE) STATE P1 52.45 88313 LP1 Ova and Parasites(Intestinal) FCPHL --'- - -- P1 c 7.38 87015 LP1 c O&P Specimen Concentration FCPHL P2 5.27 87172 LP2 Pinworm Paddle Exam FCPHL P3 7.65 87207 LP3 Blood Smear for Parasites FCPHL Cryptosporidium parvum Exam P4 5.94 87206 LP4 (Stool) FCPHL P5 4.72 87210 LP5 Trichomonas Wet Mount FCPHL P6 14.00 87999 LP6 Trichomonas Culture FCPHL ; P7 5.27 87169 LP7 Macroscopic Examination(Parasite) FCPHL P8 5.27 87168 LP8 Macroscopic Examination (Arthropod) FCPHL P9 0.00 NONE LP9 Parasite ID(Reference) FCPHL P10 40.84 NONE LP10 O&P(CHDP) FCPHL L1 38.80 87591 LL1 SDA for Gonorrhea FCPHL L2 38.80 87591 LL2 SDA for Chlamydia FCPHL RAB 0.00 NONE LRAB Rabies Exam FCPHL S1 4.56 86592 LS1 RPR(Qualitative) FCPHL S2 0.00 86593 LS2 RPR(Quantitative) FCPHL S3 14.64 86781 LS3 ; TP-PA(Confirmatory) FCPHL I S4 10.02 86592 LS4 VDRL(Qual for CSF) FCPHL S5 0.00 86593 LS5 VDRL(Quant for CSF) FCPHL S10 12.44 86709 LS10 Hepatitis A IgM Antibody FCPHL S11 11.42 87340 LS11 Hepatitis B Surface Antigen FCPHL S12 11.87 86706 LS12 Hepatitis B Surface Antibody FCPHL I I S13 13.33 86704 LS13 Hepatitis B Core Total Antibody FCPHL S14 15.78 86803 LS14 Hepatitis C Antibody FCPHL 815 98.00 83898 LS15 Hep C RNA PCR Qual CCC -- I--- ....... - - - --- -- - --- ._ S16 11.42 87340 LS16 Hep B Surface Antigen w/Conf. FCPHL S20 11.64 86701 LS20 HIV Screen(EIA) FCPHL -- S21 11.64 86701 LS21 HIV Screen(OF-OraSure) FCPHL S25 26.12 86689 LS25 HIV Confirmation(IFA) FCPHL S26 26.12 86689 LS26 HIV Confirmation(Western Blot) FCPHL i S30 15.36 86762 LS30 Rubella Serological Test FCPHL S32 69.50 86480 LS32 Quantiferon TB Serology Test FCPHL S50 15.36 86778 LS50 Toxoplasma IgM QUEST S51 40.07 i 86777 LS51 i Toxoplasma IgG QUEST S52 57.50 86635 LS52 Coccidioides immitis Serology Test QUEST i S53 32.75 86038 LS53 Anti-Nuclear AB(ANA) QUEST S54 25.00 87490 LS54 GC/CT by DNA Probe QUEST S55 0.00 NONE LS55 Amoebiasis Serology CDC i_ S58 5.14 81025 LS58 BHCG (Urine Pregnancy) QUEST i S59 58.45 86677 LS59 H-Pylori IGG QUEST S60 0.00 84703 LS60 Chorionic Gonadotropin QUEST i T2 15.22 80101 LT2 Barbiturate Class (Screen) FCPHL T3 15.22 80101 LT3 Benzodiazepine Class (Screen) FCPHL T7 15.22 80101 LT7 Phencyclidine(PCP)(Screen) FCPHL i T1 15.22 80101 LT1 Amphetamine Class (Screen) FCPHL T5 15.22 80101 LT5 Cocaine Class(Screen) FCPHL T6 15.22 80101 LT6 Opiate Class(Screen) FCPHL T4 15.22 80101 LT4 Marijuana Class (Screen) FCPHL T8 15.22 80101 LT8 Ethanol(Screen) FCPHL T9 15.22 80101 LT9 LSD(Screen) FCPHL T10 15.22 80101 LT10 Methadone(Screen) FCPHL T11 15.22 80101 LT11 Methaqualone(Screen) FCPHL T12 15.22 80101 LT12 Propoxyphene(Screen) FCPHL TC1 14.65 08102 LTC1 Amphetamine Class(Confirmation) FCPHL TC2 22.00 08102 LTC2 Barbiturates Confirmation FCPHL TC3 22.00 08102 LTC3 Benzodiazepines(Confirmation) FCPHL TC4 14.65 08102 LTC4 Marijuana Class (Confirmation) FCPHL TC5 14.65 08102 LTC5 Cocaine Metabolite(Confirmation) FCPHL � I j TC6 14.65 08102 LTC6 Opiates(Confirmation) FCPHL _TC7 14.65- �---- ---- - _ - -------- - - - 08102 LTC7 Phencyclidine[PCP](Confirmation) FCPHL Amphetamine(Methamphetamine TC1a 0.00 --------- LTC1a Confirmation) FCPHL Methamphetamine(Methamphetamine TC1 b 0.00 --------- LTC1 b Confirmation) FCPHL Butabarbital(Barbiturates TC2a 0.00 --------- LTC2a Confirmation) FCPHL TC2b 0.00 --------- LTC2b Butalbital (Barbiturates Confirmation) FCPHL Pentobarbital (Barbiturates TC2c 0.00 --------- LTC2c Confirmation) FCPHL Secobarbital (Barbiturates TC2d 0.00 --------- LTC2d Confirmation) FCPHL Phenobarbital (Barbiturates TC2e 0.00 --------- LTC2e Confirmation) FCPHL Nordiazepam (Benzodiazepines TC3a 0.00 --------- LTC3a Confirmation) FCPHL Oxazepam (Benzodiazepines TC3b 0.00 --------- LTC3b Confirmation) FCPHL Temazepam (Benzodiazepines TC3c 0.00 --------- LTC3c Confirmation) FCPHL Alpha-HydroxylAlprazolam TC3d 0.00 --------- LTC3d (Benzodiazepines Confirmation) FCPHL THC-Carboxylic Acid (THC TC4a 0.00 --------- LTC4a Confirmation) FCPHL TC5a 0.00 --------- LTC5a Cocaine(Cocaine/BEC Confirmation) FCPHL Benzoylecgonine(Cocaine/BEG TC5b 0.00 --------- LTC5a Confirmation) FCPHL TC6a 0.00 --------- LTC6a Codeine(Opiates Confirmation) FCPHL TC6b 0.00 --------- LTC6b Morphine(Opiates Confirmation) FCPHL 6-Monoacetylmorphine(Opiate TC6c 0.00 --------- LTC6c Confirmation) FCPHL Phencyclidine(Phencyclidine TC7a 0.00 --------- LTC7a Confirmation) FCPHL TP1 20.00 80101 LTP1 Drug Screen Test Panel MAD U1 4.37 81000 LU1 Urinalysis Complete FCPHL U2 3.53 81002 LU2 Urinalysis(w/o Micro) FCPHL U3 3.80 81015 LU3 Urinalysis(Micro only) FCPHL U4 4.34 81025 LU4 Pregnancy Test(Urine) QUEST V1 22.88 87252 LV1 Virus Culture(Miscellaneous) FCPHL V2 22.88 87252 LV2 Herpesvirus Culture FCPHL V3 60.35 87252 LV3 Viral Culture(Stool) FCPHL V4 60.35 87252 LV4 Viral Culture(CSF) STATE V5 50.29 87252 LV5 CMV Culture FCPHL V6 80.35 87252 LV6 Virus Culture(Respiratory) FCPHL V10 0.00 83898 LV10 Norovirus PCR FCPHL V11 55.00 83898 LV11 Influenza PCR FCPHL V12 0.00 83898 LV12 Orthopox PCR FCPHL V13 155.00 83898 LV13 VZV PCR FCPHL V14 0.00 83898 LV14 Non-Variola PCR FCPHL V20 14.25 86790 LV20 West Nile Virus (Serum) FCPHL V21 14.25 86790 LV21 West Nile Virus(CSF) STATE V50 0.00 NONE LV50 Viral Reference Specimen (STATE) STATE V51 0.00 NONE LV51 Influenza Surveillance(STATE) STATE V55 45.55 86694 LV55 Herpes Antibody, IgG QUEST V56 45.55 86694 LV56 Herpes Antibody,I M QUEST V57 66.50 86645 LV57 Cytomegalovirus Ab IgG QUEST V58 175.90 86645 LV58 Cytomegalovirus Ab IgM QUEST VL 100.00 87563 LVL HIV RNA Viral Load (Non-Voucher) FCPHL VLV 100.00 87563 LVLV HIV RNA Viral Load(Voucher) FCPHL -- .. .. ---' — — --- - _ VL3 98.00 87521 LVL3 HCV RNA PCR(Qualitative) CCPHL VL4 _ __ _. 194.00 87522 LVL4 HCV RNA PCR(Quantitative) CCPHL (A) t using subcontractors. "Updates to County of Fresno rates will coincide with updates to Medi-Cal rates. Exhibit D Insurance Requirements 1. Required Policies [Consult with Risk Management if the Contractor has unique insurance issues, such as self- insurance.] Without limiting the County's right to obtain indemnification from the Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement. (A) Commercial General Liability. Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self- insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor's policy. (B) Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. (C) Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits. (D) Employer's Liability. Employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for disease. [Include the following paragraph if the Contractor is providing professional services to the County. For example, architects, engineers, physicians, nurses, accountants, insurance agents, and claim administrators provide professional services. If you are not sure whether professional liability insurance should be required in the Agreement, consult with Risk Management (HRRiskManagement@fresnocountyca.gov).] (E) Professional Liability. Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the date on which services began under this Agreement; (2) the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims- made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. [Include the following paragraph only if the Agreement is for services to be provided to vulnerable persons, such as children or the elderly. If you are not sure whether molestation liability should be required in the Agreement, consult with Risk Management (HRRiskManagement(a)fresnocountyca.go v).] (F) Molestation Liability. Sexual abuse I molestation liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. [Include the following three paragraphs only if the Agreement includes the provision of information technology services, and if data security obligations defining the capitalized words in the third paragraph is included in the body of the Agreement or in an exhibit to the Agreement. If you are not sure whether data security obligations and technology professional and cyber liability insurance requirements should be included in the Agreement, contact your department's assigned ISD-IT representative and consult with Risk Management (HRRiskManagement a()fresnocountyca.qov).] (G) Technology Professional Liability (Errors and Omissions). Technology professional liability (errors and omissions) insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and in the aggregate. Coverage must encompass all of the Contractor's obligations under this Agreement, including but not limited to claims involving Cyber Risks. (H) Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The cyber liability policy must be endorsed to cover the full replacement value of damage to, alteration of, loss of, or destruction of intangible property (including but not limited to information or data) that is in the care, custody, or control of the Contractor. (1) Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security Breach, which may include Disclosure of Personal Information to an Unauthorized Third Party; (ii) data breach; (iii) breach of any of the Contractor's obligations under[identify the Article, section, or exhibit containing data security obligations] of this Agreement; (iv) system failure; (v) data recovery; (vi) failure to timely disclose data breach or Security Breach; (vii) failure to comply with privacy policy; (viii) payment card liabilities and costs; (ix) infringement of intellectual property, including but not limited to infringement of copyright, trademark, and trade dress; (x) invasion of privacy, including release of private information; (xi) information theft; (xii) damage to or destruction or alteration of electronic information; (xiii) cyber extortion; (xiv) extortion related to the Contractor's obligations under this Agreement regarding electronic information, including Personal Information; (xv) fraudulent instruction; (xvi) funds transfer fraud; (xvii) telephone fraud; (xviii) network security; (xix) data breach response costs, including Security Breach response costs; (xx) regulatory fines and penalties related to the Contractor's obligations under this Agreement regarding electronic information, including Personal Information; and (xxi) credit monitoring expenses. [Include the following paragraph only if the other party is a government entity(for example, the state, another county, a city, or a district).] If the Contractor is a governmental entity, it may satisfy the policy requirements above through a program of self-insurance, including an insurance pooling arrangement or joint exercise of powers agreement. 2. Additional Requirements (B) Verification of Coverage. Within 30 days after the Contractor signs this Agreement, and at any time during the term of this Agreement as requested by the County's Risk Manager or the County Administrative Office, the Contractor shall deliver, or cause its broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement. (i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; (2) the County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) the Contractor has waived its right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy. (ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self- insurance, maintained by the County shall be excess only and not contributing with insurance provided under the Contractor's policy. (iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement. [Include the following subparagraph only if professional liability insurance is required above.] (iv) The professional liability insurance certificate, if it is a claims- made policy, must also state the retroactive date of the policy, which must be prior to the date on which services began under this Agreement. [Include the following two subparagraphs only if technology professional liability and cyber liability insurance is required above.] (v) The technology professional liability insurance certificate must also state that coverage encompasses all of the Contractor's obligations under this Agreement, including but not limited to claims involving Cyber Risks, as that term is defined in this Agreement. (vi) The cyber liability insurance certificate must also state that it is endorsed, and include an endorsement, to cover the full replacement value of damage to, alteration of, loss of, or destruction of intangible property (including but not limited to information or data) that is in the care, custody, or control of the Contractor. (C) Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII. (D) Notice of Cancellation or Change. For each insurance policy required under this Agreement, the Contractor shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change. The County in its sole discretion may determine that the failure of the Contractor or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement. (E) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer to deliver, to the County's Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement. (F) Waiver of Subrogation. The Contractor waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker's compensation insurance required by this Agreement. The Contractor is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the Contractor's waiver of subrogation under this paragraph is effective whether or not the Contractor obtains such an endorsement. (G) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the Contractor. The County may offset such charges against any amounts owed by the County to the Contractor under this Agreement. (H) Subcontractors. The Contractor shall require and verify that all subcontractors used by the Contractor to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement. This paragraph does not authorize the Contractor to provide services under this Agreement 4893-7889-0879,v. 1