HomeMy WebLinkAboutCounty of Madera-Public Health Laboratory Testing Services_A-23-634.pdf COjI� Count of Fresno Hall of Records,Room 301
1 2281 Tulare Street
Fresno,California
Board of Supervisors 93721-2198
p� 1816 Telephone:(559)600-3529
FRE`' Minute Order Toll Free: 1-800-742-1011
www.co.fresno.ca.us
November 28, 2023
Present: 5- Supervisor Steve Brandau,Vice Chairman Nathan Magsig,Supervisor Buddy Mendes,
Supervisor Brian Pacheco,and Chairman Sal Quintero
Agenda No. 63. Public Health File ID:23-0953
Re: Approve and authorize the Chairman to execute an Agreement with the County of Madera for Public
Health Laboratory Testing Services, effective upon execution through October 10,2028,total not to
exceed$250,000
APPROVED AS RECOMMENDED
Ayes: 5- Brandau,Magsig, Mendes, Pacheco,and Quintero
Agreement No.23-634
County of Fresno Page 65
coU��
Board Agenda Item 63
0 18i6 o
FRE`'
DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Lab Services Agreement with the County of Madera
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute an Agreement with the County of Madera for Public
Health Laboratory Testing Services, effective upon execution through October 10,2028, total not to
exceed $250,000.
There is no additional Net County Cost associated with the recommended action. Approval of the
recommended agreement will facilitate the exchange of services between Fresno County and Madera
County Laboratories. This collaborative approach to lab services can result in a more extensive array of
accessible tests and services. Partnering enables both jurisdictions to access a wider variety of tests
without necessitating the enlargement of their respective facilities. In times of crises, like disease outbreaks
or natural calamities, a unified lab service can significantly enhance the response capabilities of both
counties by integrating resources and proficiencies. This item is countywide.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. Should your Board not approve the recommended action, the
Department will need to explore an alternative option to support the Fresno County Laboratory(Lab). It will
also delay critical lab results to residents and delay notification of possible outbreaks.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The maximum
compensation ($250,000)will be offset with Health Realignment funds and appropriate State grants.
Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY 2023-24
Adopted Budget and will be included in subsequent budget requests.
DISCUSSION:
Following a flood incident in October of 2018 that affected the Lab, the Department adopted a strategy of
utilizing neighboring county public health laboratories to ensure continued testing for Fresno County. In
response to the urgent requirements, the Department initiated the dispatch of specimens to Madera County
for processing and covered the associated costs using a purchase order.
Since the authority to authorize agreements with other government entities rests solely with the Board of
Supervisors, the Department introduced Agreement(A-20-467)to your Board for approval via an Agenda
Item on November 24, 2020. Your Board approved this Item, which has since lapsed.
Engaging in collaborative lab services enables the mutual utilization of equipment, facilities, and personnel,
County of Fresno Page 1 File Number.23-0953
File Number:23-0953
resulting in a notable reduction of operational expenses for both Counties. This cooperative approach
yields cost efficiencies across procurement, maintenance, and staffing. The collaborative endeavor in lab
services also amplifies the diversity of available tests and services. Given the distinct expertise and focal
points of each county, partnering allows access to an extended array of tests without necessitating
individual facility expansion.
Furthermore, collaborative lab services pave the way for data sharing and joint research endeavors. During
emergencies, such as disease outbreaks or natural disasters, a shared lab service can help both counties
respond more effectively by combining resources and expertise.
Lastly this collaboration holds the potential to generate fresh insights, knowledge, and innovations that offer
advantages to both counties and potentially contribute to broader scientific progress.
REFERENCE MATERIAL:
BAI#50, November 24, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Agreement with County of Madera
CAO ANALYST:
Ron Alexander
County of Fresno Page 2 File Number.23-0953
Agreement No. 23-634
MADERA COUNTY CON3 CT
/2-5 `7 2
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"' 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
I 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 .fresnocountyca.gov DPHFiscalmaderacounty.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
I For the FRESNO LAB:
Director of Public Health
2 County of Fresno
1221 Fulton Mall
3 Fresno, CA 93721
dphlab@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 Parry'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 H
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
I 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 H
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, Chairman 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
Digilally signed by:Amanda S-9a
Amanda SavageDN:CN=Amanda Savage email=
asavag C=US 0=
Lo=ana Sm'Ih
By Dalc 2023,09.13 14:37:18-07'00'
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
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Exhibit B
Madera County Lab Rates
1
2
R A Exhibit 0
3 �o,,..... �tr`
Public Health Laboratory Testing Page IofI
4
�o
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 o QFTTB-GOLD PLUS-$40 per test
o Description:testing for the diagnosis of latent Mycobacterium tuberculosis(TB)
9 infection
10 o 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 a TB identification by Genprobe-$50 per test
13 o Description:Molecular identification for Mycobacterium tuberculosis(TB)
14 " XPERT MTB-RIF ASSAY-$7S per test
o Description:Nucleic Acid Amplification/PCR Test
15
16 Animal and Environmental Threats
a 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 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:H7 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
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
CIO 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 LC63 Follicle Stimulating Hormone(FSH) QUEST
C54 5.00 84443 LC54 Thyroid Stimulating Hormone(TSH) QUEST
C55 17.95 83540 LC55 Iron TIBC QUEST
CPI 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
C134 13.88 80061 LCP4 Lipid Panel FCPHL
CPS 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
HS 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
MF4 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
Plc 7.38 87015 LP1c 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
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 86766 LS12 Hepatitis B Surface Antibody FCPHL
S13 13.33 86704 LS13 Hepatitis B Core Total Antibody FCPHL
S14 15.78 86803 LS14 Hepatitis C Antibody FCPHL
S15 98.00 83898 LS15 Hep C RNA PCR Qual CCC
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
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 86777 LS51 Toxoplasma IgG QUEST
S52 57.50 86635 LS52 Coccidioides immitis Serology Test QUEST
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
S58 5.14 81025 LS58 BHCG (Urine Pregnancy) QUEST
S59 58.45 86677 LS59 H-Pylori IGG QUEST
S60 0.00 84703 LS60 Chorionic Gonadotropin QUEST
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
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
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
TC1b 0.00 --------- LTC1b 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/BEC
TCSb 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 55.00 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, IgM QUEST
V57 66.50 86645 LV57 Cytomegalovirus Ab IgG QUEST
V58 75.90 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 87621 LVL3 HCV RNA PCR(Qualitative) CCPHL
VI-4 194.00 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
(HRRiskMana.gement(a,fresnocormtyca.ctov .]
(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/SD-IT representative and consult with Risk Management
(HRRiskManagement(o�fresnocountyca.gov).]
(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