HomeMy WebLinkAboutAgreement A-20-212 with AVERTEST dba Averhealth.pdf-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A G R E E M E N T
THIS AGREEMENT is made and entered into this day of __________, by and between the
COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
"COUNTY", and Avertest LLC, dba Averhealth, a Limited Liability Company whose address is 2916 W.
Marshall Street, Suite A, Richmond, VA 23230, hereinafter referred to as “CONTRACTOR".
W I T N E S S E T H:
WHEREAS, COUNTY desires to enter into an agreement with the CONTRACTOR for the purpose
of providing a random drug testing program for families involved with Child Welfare; and
WHEREAS, CONTRACTOR has the qualified personnel, facilities and resources to provide
services desired by COUNTY;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.SERVICES
A.CONTRACTOR shall perform all services and fulfill all responsibilities set forth in
Exhibit A, Summary of Services, attached hereto and by this reference incorporated herein.
B.CONTRACTOR shall perform all services and fulfill all responsibilities as identified
in COUNTY’S Request for Proposal (RFP) No. 20-045 dated February 21, 2020 and Addendum No.
One (1), dated March 10, 2020 hereinafter collectively referred to as COUNTY’S RFP 20-045, and
CONTRACTOR'S response to said RFP, all incorporated herein and by reference made part of this
Agreement.
C.In the event of any inconsistency among the documents described in Paragraph
1.A and 1.B herein above, the inconsistency shall be resolved by giving precedence in the following
order of priority: 1) to this Agreement, including all Exhibits attached hereto; 2) to COUNTY’S RFP 20-
045; and 3) to CONTRACTOR'S Response to RFP. A copy of COUNTY’S RFP 20-045 and
CONTRACTOR'S response shall be retained and made available during the term of this Agreement by
COUNTY’S Department of Social Services (DSS).
D.In the event of the termination or expiration of this Agreement in accordance with
Agreement No. 20-212
9th June
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section Three (3) of this Agreement, CONTRACTOR shall provide transitional services to clients
currently receiving services, working with DSS staff and/or COUNTY’S contracted vendor(s).
Transitional services shall include, but not limited to the transfer of client records and shall not exceed a
maximum of thirty (30) days. This section of the Agreement shall survive thirty (30) days from the
expiration or written termination date of this Agreement.
2.TERM
The term of this Agreement shall be for a period of three (3) years, commencing on July 1,
2020 to June 30, 2023.
This Agreement may be extended for two (2) additional consecutive twelve (12) month
periods upon written approval of both parties no later than thirty (30) days prior to the first day of the next
twelve (12) month extension period. The DSS Director or designee is authorized to execute such written
approval on behalf of COUNTY based on CONTRACTOR’S satisfactory performance.
3.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice.
B. Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR.
Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the
breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to
the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR
shall promptly refund any such funds upon demand.
C.Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by CONTRACTOR or COUNTY upon the giving of thirty (30) days advance
written notice of an intention to terminate the Agreement.
4.COMPENSATION
For actual services provided as identified in the terms and conditions of this Agreement,
including Exhibit A, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation in accordance with Exhibit B, attached here to and by this reference incorporated herein.
In no event shall compensation for services performed under this Agreement be in excess of
Five Hundred Forty-One Thousand Dollars ($541,000) for the period of July 1, 2020 to June 30, 2021. In
no event shall compensation for services performed under this Agreement be in excess of Five Hundred
Fifty-Five Thousand Dollars ($555,000) for the period of July 1, 2021 to June 30, 2022. In no event shall
compensation for services performed under this Agreement be in excess of Five Hundred Sixty-Nine
Thousand Dollars ($569,000) for the period of July 1, 2022 to June 30, 2023. Should the term of this
Agreement be extended for one (1) additional year, in no event shall compensation for services performed
under this Agreement be in excess of Five Hundred Eighty-Four Thousand Dollars ($584,000) for the
period of July 1, 2023 to June 30, 2024. Should the term of this Agreement be extended for a second
additional year, in no event shall compensation for services performed under this Agreement be in excess
of Five Hundred Ninety-Nine Thousand Dollars ($599,000) for the period of July 1, 2024 to June 30, 2025.
The cumulative total of this agreement shall not be in excess of Two Million, Eight-Hundred Forty-Eight
Thousand Dollars ($2,848,000). It is understood that all expenses incidental to CONTRACTOR’S
performance of services under this Agreement shall be borne by the CONTRACTOR.
Except as provided below regarding State payment delays, payments by COUNTY shall be
in arrears, for services provided during the preceding month, within forty-five (45) days after receipt,
verification and approval of CONTRACTOR’S invoices by DSS. If CONTRACTOR should fail to comply
with any provision of this Agreement, COUNTY shall be relieved of its obligation for further compensation.
All final claims shall be submitted by CONTRACTOR within sixty (60) days following the final month of
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
service for which payment is claimed. No action shall be taken by COUNTY on claims submitted beyond
the sixty (60) day closeout period. Any compensation which is not expended by CONTRACTOR pursuant
to the terms and conditions of this Agreement shall automatically revert to COUNTY.
The services provided by CONTRACTOR under this Agreement are funded in whole or in
part by the State of California. In the event that funding for these services is delayed by the State Controller,
COUNTY may defer payment to CONTRACTOR. The amount of the deferred payment shall not exceed
the amount of funding delayed by the State Controller to COUNTY. The period of time of the deferral by
COUNTY shall not exceed the period of time of the State Controller's delay of payment to COUNTY plus
forty-five (45) days.
5.INVOICING
CONTRACTOR shall invoice COUNTY’S DSS in arrears by the tenth (10th) of each month
for actual expenses incurred and services rendered in the previous month to:
DSSInvoices@fresnocountyca.gov.
At the discretion of COUNTY'S DSS Director or designee, if an invoice is incorrect or is
otherwise not in proper form or substance, COUNTY'S DSS Director or designee shall have the right to
withhold payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior
written notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a period of
ninety (90) days after notification of an incorrect or improper invoice. If after the ninety (90) day period the
invoice(s) is still not corrected to COUNTY'S DSS satisfaction, COUNTY'S DSS Director or designee may
elect to terminate this Agreement, pursuant to the termination provisions stated in Section Three (3),
subparagraph C of this Agreement, or the COUNTY may elect to terminate this Agreement, pursuant to the
termination provisions stated in Paragraph Three (3) of this Agreement. In addition, for invoices received
ninety (90) days after the expiration of each term of this Agreement or termination of this Agreement, at the
discretion of COUNTY'S DSS Director or designee, COUNTY'S DSS shall have the right to deny payment
of any additional invoices received.
6.INDEPENDENT CONTRACTOR:
In performance of the work, duties and obligations assumed by CONTRACTOR under this
Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
-5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and
function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely
no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be
solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee
benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all
matters relating to payment of CONTRACTOR’S employees, including compliance with Social Security
withholding and all other regulations governing such matters. It is acknowledged that during the term of this
Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this
Agreement.
7. MODIFICATION
A. Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
B. Notwithstanding the above, changes to the rates may be made upon notification by
CONTRACTOR to COUNTY as specified in Exhibit B. Rate changes shall not result in any change to the
maximum annual compensation amount payable to CONTRACTOR, as stated herein.
C. CONTRACTOR hereby agrees that a reduction to the maximum compensation set
forth in Section Four (4) of this Agreement may be necessitated by a reduction in funding from State and/or
Federal sources. In such event, COUNTY’S DSS Director or designee may reduce the maximum
compensation under this Agreement upon written notice to CONTRACTOR. CONTRACTOR further
understands that this Agreement is subject to any restrictions, limitations or enactments of all legislative
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
bodies, which affect the provisions.
8. HOLD HARMLESS
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and
costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers,
agents, or employees under this Agreement. In addition, CONTRACTOR agrees to indemnify COUNTY for
Federal, State of California and/or local audit exceptions resulting from noncompliance herein on the part of
CONTRACTOR.
9. INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million
Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverages including completed operations, products
liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or
any other liability insurance deemed necessary because of the nature of this
contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property
damages. Coverage should include any auto used in connection with this
Agreement.
C. Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
($3,000,000.00) annual aggregate.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California
Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance
naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR’S policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’S waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, Department of Social Services at 205 W.
Pontiac Way, Clovis, CA 93612, Attention: Contract Analyst, stating that such insurance coverage have
been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
responsible for any premiums on the policies; that for such worker’s compensation insurance the
CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any
amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such
Commercial General Liability insurance names the County of Fresno, its officers, agents and employees,
individually and collectively, as additional insured, but only insofar as the operations under this Agreement
are concerned; that such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess
-8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
only and not contributing with insurance provided under CONTRACTOR’S policies herein; and that this
insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice
given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
10.SUBCONTRACTS
CONTRACTOR shall obtain written approval from COUNTY or COUNTY'S DSS Director, or
designee before assigning or subcontracting any of its rights or duties under this Agreement. COUNTY
hereby approves CONTRACTOR subcontracting with Quest Laboratories to provide services at the
Coalinga, Selma and Kerman sites. Any transferee, assignee or subcontractor will be subject to all
applicable provisions of this Agreement, and all applicable State and Federal regulations. CONTRACTOR
shall be held primarily responsible by COUNTY for the performance of any transferee, assignee or
subcontractor unless otherwise expressly agreed to in writing by COUNTY. The use of subcontractors by
CONTRACTOR shall not entitle CONTRACTOR to any additional compensation than is provided for under
this Agreement.
11.CONFLICT OF INTEREST
No officer, employee or agent of COUNTY who exercises any function or responsibility for
planning and carrying out of the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. In addition, no employee of COUNTY shall be employed by
CONTRACTOR to fulfill any contractual obligations with COUNTY. CONTRACTOR shall comply with all
Federal, State and local conflict of interest laws, statutes and regulations, which shall be applicable to all
parties and beneficiaries under this Agreement and any officers, employee or agent of COUNTY.
12.NON-DISCRIMINATION
During the performance of this Agreement CONTRACTOR, shall not unlawfully discriminate
-9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
against any employee or applicant for employment, or recipient of services, because of ethnic group
identification, gender, gender identity, gender expression, sexual orientation, color, physical disability,
mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
creed, pursuant to all applicable State of California and Federal statutes and regulations.
13.RECRUITMENT OF EMPLOYEES AND SERVICES TO CLIENTS
CONTRACTOR shall ensure that its employment recruitment efforts, including
administrative and professional staff positions, are carried out so as to adequately reflect the cultural and
ethnic diversity of the population of Fresno County. CONTRACTOR shall use its best efforts to serve all
cultural and ethnic groups residing in Fresno County. CONTRACTOR employment efforts will be
monitored by COUNTY at periodic intervals.
14.LIMITED ENGLISH PROFICIENCY (LEP)
CONTRACTOR shall provide interpreting and translation services to persons participating in
CONTRACTOR’S services who have limited or no English language proficiency, including services to
persons who are deaf or blind. Interpreters and translation services shall be provided as necessary to allow
such participants meaningful access to the programs, services and benefits provided by CONTRACTOR.
Interpreter and translations services, including translation of CONTRACTOR’S “vital documents” (those
documents that contain information that is critical for accessing CONTRACTOR’S services or are required
by law) shall be provided to participants at no cost to the participant. CONTRACTOR shall ensure that any
employee, agents, subcontractors, or partner who interpret or translate for a program participant, or who
directly communicate with a program participant in a language other than English, demonstrate proficiency
in the participant’s language and can effectively communicate any specialized terms and concepts peculiar
to CONTRACTOR’S services.
15.CONFIDENTIALITY
All services performed by CONTRACTOR under this Agreement shall be in strict
conformance with all applicable Federal, State of California, and / or local laws and regulations relating to
confidentiality.
16.DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent disclosure
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or
disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship with
COUNTY for the purpose of providing services under this Agreement must employ adequate data security
measures to protect the confidential information provided to CONTRACTOR by COUNTY, including but not
limited to the following:
A. CONTRACTOR-Owned Mobile/Wireless/Handheld Devices may not be connected
to COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized
by COUNTY for telecommuting and then only if virus protection software currency agreements are in place,
and if a secure connection is used.
B. CONTRACTOR-Owned Computers or Computer Peripherals may not be brought
into COUNTY for use, including and not limited to mobile storage devices, without prior authorization from
COUNTY’S Chief Information Officer or her designee. Data must be stored on a secure server approved
by COUNTY and transferred by means of a VPN (Virtual Private Network) connection, or another type of
secure connection of this type if any data is approved to be transferred.
C. County-Owned Computer Equipment – CONTRACTOR or anyone having an
employment relationship with COUNTY may not use COUNTY computers or computer peripherals on non-
COUNTY premises without prior authorization from COUNTY’S Chief Information Officer or her designee.
D. CONTRACTOR may not store COUNTY’S private, confidential or sensitive data on
any hard-disk drive.
E. CONTRACTOR is responsible to employ strict controls to insure the integrity and
security of COUNTY’S confidential information and to prevent unauthorized access to data maintained in
computer files, program documentation, data processing systems, data files and data processing
equipment which stores or processes COUNTY data internally and externally.
F. Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT
or higher. Additionally, a password or pass phrase must be utilized.
G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches or
potential breaches of security related to COUNTY’S confidential information, data maintained in computer
-11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
files, program documentation, data processing systems, data files and data processing equipment which
stores or processes COUNTY data internally or externally.
H.In the event of a breach of security related to COUNTY’S confidential client
information provided to CONTRACTOR, COUNTY will manage the response to the incident, however,
CONTRACTOR will be responsible to issue any notification to affected individuals as required by law or as
deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be responsible for all costs
incurred as a result of providing the required notification.
17.CLEAN AIR AND WATER
In the event the funding under this Agreement exceeds One Hundred Thousand and No/100
Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders, or requirements
issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean Water Act contained in
33 U.S. Code 1368 et seq.; and any standards, laws, and regulations promulgated thereunder. Under
these laws and regulations, CONTRACTOR shall assure:
A.No facility shall be utilized in the performance of the Agreement that has been listed
on the Environmental Protection Agency (EPA) list of Violating Facilities;
B.COUNTY shall be notified prior to execution of this Agreement of the receipt of any
communication from the Director, Office of Federal Activities, U.S. EPA indicating that a facility to be utilized
in the performance of this Agreement is under consideration to be listed on the EPA list of Violating
Facilities;
C.COUNTY and U.S. EPA shall be notified about any known violation of the above
laws and regulations; and
D.This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
18.DRUG-FREE WORKPLACE REQUIREMENTS
For purposes of this paragraph, CONTRACTOR will be referred to as the “grantee”. By
drawing funds against this grant award, the grantee is providing the certification that is required by
regulations implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F. These
regulations require certification by grantees that they will maintain a drug-free workplace. False certification
-12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
or violation of the certification shall be grounds for suspension of payments, suspension or termination of
grants, or government wide suspension or debarment. CONTRACTOR shall also comply with the
requirements of the Drug-Free Workplace Act of 1990 (California Government Code section 8350 et seq.)
19.CERTIFICATION REGARDING DEBARMENT, SUSPENSIONS, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSITIONS
A.COUNTY and CONTRACTOR recognize that Federal assistance funds will be used
under the terms of this Agreement. For purposes of this paragraph, CONTRACTOR will be referred to as
the “prospective recipient”.
B.This certification is required by the regulation implementing Executive Order 12549,
Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant’s responsibilities.
1)The prospective recipient of Federal assistance funds certified by entering
into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
2)The prospective recipient of funds agrees by entering into this Agreement,
that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the Federal department or agency with which this transaction originated.
3)Where the prospective recipient of Federal assistance funds is unable to
certify to any of the statements in this certification, such prospective participant shall attach an explanation
to this Agreement.
4) The prospective recipient shall provide immediate written notice to COUNTY
if at any time prospective recipient learns that its certification in Paragraph 19 of this Agreement was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5)The prospective recipient further agrees that by entering into this Agreement,
it will include a clause identical to Paragraph 19 of this Agreement and titled “Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions”, in all
lower tier covered transactions and in all solicitations for lower tier covered transaction.
-13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6)The certification in Paragraph 19 of this Agreement is a material
representation of fact upon which COUNTY relied in entering into this Agreement.
20.DISCLOSURE OF SELF DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-
profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR changes its
status to operate as a corporation.
Members of the CONTRACTOR’S Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is providing goods or performing services under
this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
and in which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this reference incorporated
herein, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
21.ACKNOWLEDGEMENT
CONTRACTOR shall acknowledge in all public relations activates, materials and
publications that the COUNTY is the funding source for services to be provided through this Agreement.
22.POLITICAL ACTIVITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for any political activity, or to further the election or defeat of any candidate for
public office.
23.LOBBYING ACTIVITY
None of the funds provided under this Agreement shall be used for publicity, lobbying or
propaganda purposes designed to support or defeat legislation pending in the Congress of the United
States of America or the Legislature of the State of California.
24.STATE ENERGY CONSERVATION
CONTRACTOR shall recognize the mandatory standard and policies relating to energy
efficiency in the State Energy Conservation Plan as required by the United States Energy Policy and
-14-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Conservation Act (42 U.S.C. section 6201, et seq).
25.FRATERNIZATION
CONTRACTOR shall establish procedures addressing fraternization between
CONTRACTOR staff and clients. Such procedures will include provisions for informing CONTRACTOR
staff and clients regarding fraternization guidelines.
26.INTERPRETATION OF LAWS AND REGULATIONS
COUNTY reserves the right to make final interpretations or clarifications on issues relating
to Federal and State laws and regulations, to ensure compliance.
27.COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
COUNTY, its officers, consultants, subcontractors, agents and employees shall comply with
all applicable State, Federal and local laws and regulations governing projects that utilize Federal Funds.
28.RECORDS
A.Record Establishment and Maintenance
CONTRACTOR shall establish and maintain records in accordance with those requirements
prescribed by COUNTY, with respect to all matters covered by this Agreement. CONTRACTOR shall
retain all fiscal books, account records and client files for services performed under this Agreement for at
least three (3) years from date of final payment under this Agreement or until all State and Federal audits
are completed for that fiscal year, whichever is later.
B.Cost Documentation
1)CONTRACTOR shall submit to COUNTY within fifteen (15) calendar days
following the end of each month, all fiscal and program reports for that month. CONTRACTOR shall also
furnish to COUNTY such statements, records, data and information as COUNTY may request pertaining to
matters covered by this Agreement. In the event that CONTRACTOR fail to provide reports as provided
herein, it shall be deemed sufficient cause for COUNTY to withhold payments until compliance is
established.
2) All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and
they shall be clearly identified and readily accessible. The support documentation must indicate the line
-15-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
budget account number to which the cost is charged.
3) COUNTY shall notify CONTRACTOR in writing within thirty (30) days of any
potential State or Federal audit exception discovered during an examination. Where findings indicate that
program requirements are not being met and State or Federal participation in this program may be
imperiled in the event that corrections are not accomplished by CONTRACTOR within thirty (30) days of
receipt of such notice from COUNTY, written notification thereof shall constitute COUNTY’S intent to
terminate this Agreement.
C. Service Documentation
CONTRACTOR agrees to maintain records to verify services under this Agreement
including names and addresses of clients served, the dates of service and a description of services
provided on each occasion. These records and any other documents pertaining in whole or in part to this
Agreement shall be clearly identified and readily accessible.
D. Use of Data
CONTRACTOR shall grant to COUNTY and the United States Department Health and
Human Services the royalty-free, nonexclusive and irrevocable license throughout the world to publish,
translate, reproduce, deliver, perform, dispose of, duplicate, use, disclose in any manner and for any
purpose whatsoever and to authorize others to do so, all subject data now or hereafter covered by
copyright. However, with respect to subject data not originated in the performance of this Agreement, such
license shall be only to the extent that CONTRACTOR have the right to grant such licenses without
becoming liable to pay any compensation to others because of such grants. CONTRACTOR shall exert all
reasonable effort to advise COUNTY at time of delivery of subject data furnished under this Agreement, of
all possible invasions of the right of privacy therein contained, and of all portions of such subject data
copied from work not composed or produced in the performance of this Agreement and not licensed under
this provision.
As used in this clause, the term “Subject Data” means writing, sound recordings, pictorial
reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, work
flow charts, equipment descriptions, data files and data processing of computer programs, and works of
any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed
-16-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
under this Agreement. The term does not include financial reports, cost analyses and similar information
incidental to contract administration.
CONTRACTOR shall report to COUNTY promptly and in written detail, each notice of claim
of copyright infringement received by CONTRACTOR with respect to all subject data delivered under this
Agreement. CONTRACTOR shall not affix any restrictive markings upon any data. If markings are affixed,
COUNTY shall have the right at any time to modify, remove, obliterate or ignore such markings.
COUNTY shall have access to any report, preliminary findings or data assembled by
CONTRACTOR under this Agreement. In addition, CONTRACTOR must receive written permission from
COUNTY prior to publication of any materials developed under this Agreement and file with COUNTY a
copy of all educational and training materials, curricula, audio/visual aids, printed material and periodicals,
assembled pursuant to this Agreement prior to publication.
29.SINGLE AUDIT CLAUSE
As a subrecipient of Federal financial assistance, CONTRACTOR agrees to provide copies
of their audit reports, performed in accordance with the requirements of the Single Audit Act of 1984 (31
USC section 7502) and subject to the terms of Office of Management and Budget (OMB) Circulars (A-110,
A-122 and A-133), to the County of Fresno. Such audits shall be delivered to COUNTY’S DSS, for review
not later than nine (9) months after the close of the CONTRACTOR’S fiscal year in which the funds
supplied through this Agreement are expended and/or received for this program. The audits must include a
statement of findings or a statement that there were no findings. If there were negative findings,
CONTRACTOR must include a corrective action plan signed by an authorized individual. Failure to comply
with this Act may result in COUNTY performing the necessary audit tasks, or, at COUNTY’S option,
contracting with a qualified accountant to perform this audit. All audit costs related to this Agreement are
the sole responsibility of CONTRACTOR who agree to take corrective actions to eliminate any material
noncompliance or weakness found as a result of such audits. Audit work performed by COUNTY under
this paragraph shall be billed at COUNTY cost as determined by COUNTY’S Auditor-Controller/Treasurer-
Tax Collector.
30.TAX EQUITY AND FISCAL RESPONSIBILITY ACT
To the extent necessary to prevent disallowance of reimbursement under section 1861 (v)
-17-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(1)(1) (I) of the Social Security Act, (42 U.S.C § 1395x, subd. (v)(1)[I]), until the expiration of four (4) years
after the furnishing of services under this Agreement, CONTRACTOR shall make available, upon written
request to the Secretary of the United States Department of Health and Human Services, or upon request
to the Comptroller General of the United States General Accounting Office, or any of their duly authorized
representatives, a copy of this Agreement and such books, documents, and records as are necessary to
certify the nature and extent of the costs of these services provided by CONTRACTOR under this
Agreement. CONTRACTOR further agree that in the event CONTRACTOR carries out any of their duties
under this Agreement through a subcontract, with a value or cost of Ten Thousand and No/100 Dollars
($10,000) or more over a twelve (12) month period, with a related organization, such Agreement shall
contain a clause to the effect that until the expiration of four (4) years after the furnishing of such services
pursuant to such subcontract, the related organizations shall make available, upon written request to the
Secretary of the United Sates General Accounting Office, or any of their duly authorized representatives, a
copy of such subcontract and such books, documents, and records of such organization as are necessary
to verify the nature and extent of such costs and regulations.
31.CHILD ABUSE REPORTING
CONTRACTOR shall utilize a procedure acceptable to COUNTY to ensure that all of
CONTRACTOR’S employees, volunteers, consultants, subcontractor or agents performing services under
this Agreement shall report all known or suspected child abuse or neglect to one or more of the agencies
set forth in Penal Code Section 11165.9. This procedure shall include having all of CONTRACTOR’S
employees, volunteers, consultants, subcontractor or agents performing services under this Agreement
sign a statement that he or she knows of and will comply with the reporting requirements set forth in Penal
Code Section 11166. The statement to be utilized by CONTRACTOR is set forth in Exhibit D, attached
hereto and by this reference incorporated herein.
32.CHARITABLE CHOICE
CONTRACTOR may not discriminate in its program delivery against a client or potential
client on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice. Any specifically religious activity or service made available to individuals
by CONTRACTOR must be voluntary as well as separate in time and location from County funded activities
-18-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and services. CONTRACTOR shall inform COUNTY as to whether it is faith-based. If CONTRACTOR
identifies as faith-based it must submit to DSS a copy of its policy on referring individuals to an alternate
treatment provider and include a copy of this policy in its client admission forms. The policy must inform
individuals that they may be referred to an alternative provider if they object to the religious nature of the
program and include a notice to DSS. Adherence to this policy will be monitored during annual site
reviews, and a review of client files. If CONTRACTOR identifies as faith-based, by July 1 of each year
CONTRACTOR will be required to report to DSS the number of individuals who requested referrals to
alternate providers based on religious objection.
33.PERSONNEL DISCLOSURE
CONTRACTOR shall make available to COUNTY a current list of all personnel providing
services hereunder. Changes to this list will be immediately provided to COUNTY in writing. The list shall
provide the following information:
A.All full or part-time staff positions by title whose direct services are required to
provide the programs described herein;
B.A brief description of the functions of each such position and hours each person in
such position works each week or, for part-time positions, each day or month, as appropriate;
C.The education and experience levels required for each position; and
D.The names of persons filling the identified positions.
34.PROHIBITION ON PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for CONTRACTOR’S advertising, fundraising, or publicity (i.e., purchasing of
tickets / tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above,
publicity of the services described in Paragraph One (1) of this Agreement shall be allowed as necessary to
raise public awareness about the availability of such specific services when approved in advance by the
Director or designee and at a cost as provided in Exhibit B for such items as written / printed materials, the
use of media (i.e., radio, television, newspapers) and any other related expense(s).
35.AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as the COUNTY
-19-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
may deem necessary, make available to the COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the
COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
CONTRACTOR’S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
the examination and audit of the Auditor General for a period of three (3) years after final payment under
contract (Government Code Section 8546.7).
36.NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY CONTRACTOR
Director, County of Fresno Chief Executive Officer Department of Social Services Avertest LLC, dba Averhealth PO Box 1912 2916 W. Marshall Street, Suite A Fresno, CA 93717-1912 Richmond, VA 23230
All notices between the COUNTY and CONTRACTOR provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
-20-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
beginning with section 810).
37.GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
39.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CONTRACTOR and
COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
proposals, commitments, writings, advertisements, publications, and understanding of any nature
whatsoever unless expressly included in this Agreement
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
1 IN WIT NESS WHEREOF, the parties hereto have executed this Agreement as of t he day and
2 year first hereinabove w ritten.
3 CONTRACTOR:
4
5
6 Print
LLC dba Averhealth
7 Title: Chief Executive Officer
Chairman of the Board, or
8 President, or any Vice President
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
By C;'.,v,,, ,'--z ~
Print Name: ~ney Clements
Title: Secretary
Secretary (of Corporation), or
any Assistant Secretary, or
Chief Financial Officer, or
any Assistant Treasurer
Maili ng Address:
2916 W. Marshall Street , Suite A
Richmond , VA 23230
Phone No: (804) 977-0443
Attn : J ason Herzog , Chief Executive Officer
FOR ACCOUNTING USE ONLY:
Fu nd/Subclass: 0001/10000
Organization: 56107001
Account: 7870/0
COUNTY OF FRESNO:
By~
Ernest Buddy Mende , hairman of the Board
of Supervisors of the County of Fresno
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors of the County of
Fresno, State of California
By ~~
Deputy
-21-
Exhibit A
Page 1 of 3
Random Drug Testing Services
Summary of Services
ORGANIZATION: Avertest, LLC, dba Averhealth
ADDRESS: 2916 W. Marshall Street, Suite A
Richmond, VA 23230
SERVICES ADDRESS: 2113 Merced Street
Fresno, CA 93721
TELEPHONE: (559) 781-8029
CONTACT PERSON: Tory Meier, Regional Manager
CONTRACT PERIOD: July 1, 2020 – June 30, 2023 with two (2) possible, one (1) year
extensions by written mutual consent
CONTRACT AMOUNT: $541,000 (July 1, 2020 – June 30, 2021)
$555,000 (July 1, 2021 – June 30, 2022)
$569,000 (July 1, 2022 – June 30, 2023)
$584,000 (July 1, 2023 – June 30, 2024)
$599,000 (July 1, 2024 – June 30, 2025)
SUMMARY OF SERVICES: Overview
Avertest, LLC, dba Averhealth (CONTRACTOR) is to provide a randomized drug testing
program for participants involved with the County of Fresno’s Child Welfare Services (CWS).
CONTRACTOR will maintain sole responsibility for the randomized drug testing services and
the reporting/availability of results to CWS staff. Specific test panels to be administered and
methods are outlined in Exhibit B, along with cost per unit.
Contractor Responsibilities
CONTRACTOR will manage a random drug testing program, which shall include the following:
• Enrollment of participants;
• Initial orientation session that includes, but is not limited to, discussion/explanation of the
Notification Card, Medication Guide, and the Drug & Alcohol Testing Agreement;
• Random selection to ensure all participants (in rural areas and Metro Fresno) have an equal
probability of testing on any given day;
• Adjustments to participant’s frequency groups as determined by DSS;
• Maintenance of a web-based application Aversys to manage the program;
Exhibit A
Page 2 of 3
• A multilingual, interactive notification system that clients will call on a daily basis to
determine if they are required to test or not;
• Notification to DSS if a participant fails to contact the notification system or is a no-show for
testing;
• Consistent and valid chain of custody procedures;
• The agreement between Averhealth and Subcontractor (Quest) for rural testing; and
• Submission/access to results and other reports to DSS.
CONTRACTOR shall maintain test sites and hours of operation that meet the needs of
participants.
Testing hours for Fresno Metro are as follows:
• Downtown Fresno (Averhealth’s Location): 9:00am – 6:00pm Monday- Friday, 9:00am –
12:00pm on Weekends and Holidays.
Tentative testing hours for rural areas are as follows:
• *Coalinga (Subcontracted Site): 9:00am – 2:00pm Monday- Friday, 9:00am – 12:00pm on
Weekends
• *Selma (Subcontracted Site): 10am – 2:00pm Monday- Friday, 9:00am – 12:00pm on
Weekends
• Kerman (Subcontracted Site): 6:30am – 3:30pm Monday- Friday
*Weekend hours have not been confirmed and are pending further discussion between
CONTRACTOR and Subcontractor. Location of test sites and hours of operation can be revised
with written agreement of CONTRACTOR and COUNTY’s Director of the Department of Social
Services, or designee.
CONTRACTOR shall provide annual Civil Rights training to their staff within the first 60 days of
the agreement and then within the first quarter of every calendar year. Relevant proof to be
provided to DSS by April 1, for each year of the contract.
Reporting
CONTRACTOR shall provide the following reports to the Department (including, but not limited
to):
• Individual participant testing history;
• Summary of participant testing history;
• History of testing compliance and participation/non-participation;
• Report on testing adulterations, substitutions, and/or diluted samples, or other situations
where an individual could not provide a sample;
• Monthly summaries of enrollments/dismissals by established random groups;
• Monthly summaries of all tests conducted for the month;
• Cumulative no-show list;
• Monthly summary of individuals who have not enrolled;
• Monthly summary of frequency group totals;
• Quarterly testing summary including trends, graphical descriptions, drug classes testing
positive;
• Comparative analysis of no-show rates; and
• Other reports as requested by the Department.
Exhibit A
Page 3 of 3
Outcomes
Outcomes/indicators associated with attaining the following goals:
Outcome Indicator
1. Establishment of a professional and
welcoming testing environment (i.e. clean
office, friendly staff, minimal wait times,
etc.).
• Participants will be given a survey on a
quarterly basis and show at least an
80% satisfaction rate regarding outlined
expectations
2. Provision of drug testing results within the
timeline expected by DSS.
• Spot test preliminary results (dip kit
results) available within one hour
• Random program test results provided
within one business day
• Confirmation (GC/MS or LC-MS/MS)
results provided within two business
days
• Hair test results provided within five
business days
• “No shows” reported same day
• Any effort by a participant to adulterate
a specimen or collection process shall
be reported same day
3. Assurance of testing standards for
reliability/validity are maintained.
• Lab maintains accreditation with CLIA,
CAP-FDT, and the DEA
COUNTY Responsibilities
• COUNTY will provide appropriate referrals to CONTRACTOR and designate a Department
point of contact;
• COUNTY will provide a written protocol on participant frequency groups; and
• COUNTY staff will meet and/or consult with CONTRACTOR as often as necessary to
address any issues or concerns.
Exhibit B
Page 1 of 2
Random Drug Testing Services
Pricing Summary
PRICING:
The following is the established price schedule for drug testing services.
SERVICE DESCRIPTION UNIT PRICE
5-Panel Standard urine panel comprised of Breath Alcohol Test and five (5) of
the following drugs:
• Amphetamines (Amphetamines, Ecstasy, Methamphetamines);
• Barbiturates;
• Benzodiazepines;
• Cannabinoids (THC);
• Cocaine;
• Ecstasy;
• Methadone;
• Methamphetamine;
• Opiates (Morphine, Heroin, Hydrocodone, Hydromorphone,
Oxycodone, Oxymorphone);
• PCP; and/or
• Propoxyphene.
9-hour weekdays
FY 2020-21
$18.50
12-hour weekdays
FY 2020-21
$23.50
*Annual price
increase not to
exceed 3% per FY
-Pricing includes
weekends/holidays
6-Panel Standard urine panel comprised of Breath Alcohol Test and any of the
five (5) following drugs plus EtG or other specialty drug:
• Amphetamines (Amphetamines, Ecstasy, Methamphetamines);
• Barbiturates;
• Benzodiazepines;
• Cannabinoids (THC);
• Cocaine;
• Ecstasy;
• Methadone;
• Methamphetamine;
• Opiates (Morphine, Heroin, Hydrocodone, Hydromorphone,
Oxycodone, Oxymorphone);
• PCP; and/or
• Propoxyphene.
9-hour weekdays
FY 2020-21
$20.00
12-hour weekdays
FY 2020-21
$25.00
*Annual price
increase not to
exceed 3% per FY
-Pricing includes
weekends/holidays
Standard Drug
Add-on
Any of the following drugs added-on to a urine panel: Amphetamines
(Amphetamines, Ecstasy, Methamphetamines), Barbiturates,
Benzodiazepines, Cannabinoids (THC), Cocaine, Ecstasy,
Methadone, Methamphetamine, Opiates (Morphine, Heroin,
Hydrocodone, Hydromorphone, Oxycodone, Oxymorphone), PCP,
and Propoxyphene
.50¢ per drug
added-on
Synthetic
Cannabinoids
Urine Analysis for Synthetic Cannabinoids $25.00
Synthetic
Stimulants
Urine Analysis for Synthetic Stimulants (Bath Salts) $35.00
Standard Oral
Fluid Panel
Standard Oral Fluid Panel including the five (5) following drugs:
Benzodiazepines, Cocaine, Methamphetamine, THC, and Opiates
$19.50
Oral Fluid Add-
ons
Add-on any of the following to the Standard Oral Fluid Panel:
Buprenorphine, Methadone, Oxycodone, or Tramadol
$1.00 per drug added-
on
Hair Test Hair Test $70.00
Exhibit B
Page 2 of 2
SERVICE DESCRIPTION UNIT PRICE
Transdermal Transdermal Sweat Patch $75.00
Spot Testing Spot/Emergency Test which includes dip kit (with initial positive or
negative result relayed to DSS within 1 hour) followed by a double
EMIT test (with results relayed to DSS within 24 hours)
$5.00 for dip kit only
Additional panel prices
apply for double EMIT
and/or confirmation
testing
Standard
Confirmation
Test
Confirmation Test completed via LC/MS/MS with results relayed within
five business days
Included if requested
for <5% total monthly
volume.
$25.00 each thereafter
In-Person
Expert Witness
In-Person Expert Witness Testimony for Court $750.00 per (2) day
period
Litigation Packet Litigation Packet for Court $150.00
*Avertest LLC, dba Averhealth (CONTRACTOR) shall submit a request in writing for all annual increases
on Urine Analysis panel testing to County of Fresno, Department of Social Services (DSS) at least 30 days
prior to the changed pricing taking effect. In no event shall the annual increase be more than 3%.
In-kind services included with Contract at no extra charge:
• Information Management System
• Client Notification System
• Video testimony
• Training and consultation sessions
• Participations in Court staffing sessions
Co-Payments Drug testing participants may incur a share of cost in the form of a co-payment. Co-payments will be at the
discretion of DSS. If DSS continues to have participants make co-payments, CONTRACTOR will be
responsible for the collection and management of participant co-payments as follows:
Urine analysis: CONTRACTOR agrees to collect a DSS determined co-payment per urine analysis screen
from program participants and bill the remaining difference to DSS. DSS shall determine the amount of the
co-payment required by each program participant.
Hair collection and analysis: CONTRACTOR agrees to collect the full $70.00 cost of a hair analysis from
the participant instead of DSS when the test is conducted as a result of non-compliance with the drug
testing program. (Non-compliance occurs when a participant repeatedly fails to appear for urine analysis
testing. COUNTY will specify non-compliance status on the referral to CONTRACTOR).
The share of cost is established by COUNTY and cannot be modified without the expressed authorization
of COUNTY. CONTRACTOR is to collect payment from participants at the time of testing. Participants
unprepared to pay will not be allowed to test and recorded as a “no-show.” CONTRACTOR will provide
data upon the request of the COUNTY as to the number of participants denied testing due to non-payment.
Exceptions will be made at the discretion of COUNTY. CONTRACTOR will be informed of any exceptions
or exemptions prior to testing.
Exhibit C
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members
of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any
self-dealing transactions that they are a party to while providing goods, performing services, or both
for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
Page 2 of 2
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date:
Exhibit D
0872fcfx
NOTICE OF CHILD ABUSE REPORTING LAW
The undersigned hereby acknowledges that Penal Code section 11166 and the
contractual obligations between County of Fresno (COUNTY) and Avertest LLC, dba
Averhealth (PROVIDER) related to provision of emergency shelter care services for
COUNTY’s dependent children, requires that the undersigned report all known or
suspected child abuse or neglect to one or more of the agencies set forth in Penal Code
(P.C.) section (§) 11165.9.
For purposes of the undersigned’s child abuse reporting requirements, “child
abuse or neglect” includes physical injury inflicted by other than accidental means upon a
child by another person, sexual abuse as defined in P.C. §11165.1, neglect as defined in
P.C. §11165.2, willful cruelty or unjustifiable punishment as defined in P.C. §11165.3,
and unlawful corporal punishment or injury as defined in P.C. §11165.4.
A child abuse report shall be made whenever the undersigned, in his or her
professional capacity or within the scope of his or her employment, has knowledge of or
observes a child whom the undersigned knows or reasonably suspects has been the victim
of child abuse or neglect. (P.C §11166.) The child abuse report shall be made to any
police department or sheriff’s department (not including a school district police or
security department), or to any county welfare department, including Fresno County
Department of Social Services’ 24 Hour CARELINE. (See PC §11165.9.)
For purposes of child abuse reporting, a “reasonable suspicion” means that it is
objectively reasonable for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when appropriate, on his or her
training and experience, to suspect child abuse or neglect. The pregnancy of a child does
not, in and of itself, constitute a basis for reasonable suspicion of sexual abuse. (P.C.
§11166(a)(1).)
Substantial penalties may be imposed for failure to comply with these child abuse
reporting requirements.
Further information and a copy of the law may be obtained from the department
head or designee.
I have read and understand the above statement and agree to comply with the
child abuse reporting requirements.
__________________________________ ________________________
SIGNATURE DATE