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HomeMy WebLinkAboutItem 4.3 - 2897 Redwood Toxicology Inc. Agreement Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 5, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement with Redwood Toxicology Laboratory, Inc. Prepared by: Laura Jammal, Administrative Aide EXECUTIVE SUMMARY: The City Council will consider an agreement for toxicology testing services with Redwood Toxicology Laboratory, Inc. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement with Redwood Toxicology Services, Inc. for the Provision of Toxicology Testing Services for Fiscal Year 2019 -20 and Fiscal Year 2020-21, contingent upon budget approval. FINANCIAL IMPACT: The total cost to fund toxicology testing services in Fiscal Years 2019 -20 and 2020-21 is $61,132, which is $30,566 per fiscal year. Sufficient funding for these services is included in the Fiscal Year 2019-20 Budget, and will be incorporated in the Fiscal Year 2020-21 Budget. DESCRIPTION: Redwood Toxicology, Inc. provides a variety of toxicology testing related services including blood and urine analysis, and transportation of specimens to and from Dublin Police Services. Dublin Police Services has been utilizing Redwood Toxicology, Inc. since December 2018. Redwood Toxicology, Inc. is headquartered in Santa Rosa and serves numerous cities in California. Redwood Toxicology, Inc. has submitted a proposal to continue to provide toxicology testing services to Dublin Police Services in Fiscal Year 2019-20 and Fiscal Year 2020- 21 (Attachment 2), contingent upon b udget approval, utilizing the fees set forth in Alameda County Master Contract 901632, expiration date December 31, 2021. The proposal includes the direct provision of toxicology testing services, along with transportation of specimens to and from Dublin Police Services. Included in Attachment Page 2 of 2 2 are the fees for service and Alameda County Master Contract 901632, expiration date December 31, 2021. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the Agreement with Redwood Toxicology, Inc. for the Provision of Toxicology Testing Services for Fiscal Years 2019-20 and 2020-21 2. Exhibit A to the Resolution - Agreement with Redwood Toxicology Services, Inc. for Toxicology Testing Services and Compensation Schedule ATTACHMENT 1 RESOLUTION NO. XX - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING THE AGREEMENT WITH REDWOOD TOXICOLOGY, INC. FOR THE PROVISION OF TOXICOLOGY TESTING SERVICES FOR FISCAL YEAR 2019-20 AND FISCAL YEAR 2020-21 WHEREAS, the City of Dublin uses toxicology testing services to ensure the proper processing and transportation of specimens; and WHEREAS, the City of Dublin wishes to continue to contract with the firm Redwood Toxicology, Inc. to provide toxicology testing services for Fiscal Year 2019-20 and Fiscal Year 2020- 21. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement (attached hereto as Exhibit A) with Redwood Toxicology, Inc. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 5th day of November, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND REDWOOD TOXICOLOGY LABORATORY, INC. THIS AGREEMENT for toxicology testing services is made by and between the City of Dublin ( "City ") and Redwood Toxicology Laboratory, Inc, ( "Contractor") (together sometimes referred to as the "Parties ") as of July 1, 2019 (the "Effective Date "). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein, In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail, 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2021, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase, None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged, 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder. 1.5 [intentionally Deletedl, 1.6 [Intentionally Deleted]. Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc, July 1, 2019 Page 1 of 14 Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $61,132, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more-than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and /or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement, 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.: ■ Invoice Date; ■ The beginning and ending dates of the billing period; ■ The Contractor's signature; 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed, 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc. July 1, 2019 Page 2 of 14 unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 [intentionally Deletedl. 2.6 [Intentionally Deletedl. i 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc. July 1, 2019 Page 3 of 14 All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire - fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project's safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, Services Agreement between July 1, 2019 City of Dublin and Redwood Toxicology Laboratory, Inc. Page 4 of 14 employees, and subcontractors, Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect, VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self - insurance program to meet these requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self - insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator, The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: Certificate of Workers' Compensation Insurance in the amounts specified in the section; and Waiver of Subrogation Endorsement as required by the section, 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement, If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc. July 1, 2019 Page 5 of 14 Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Contractor shall provide the City, proof of continued coverage and additional insured endorsements for a minimum of three (3) years following the end of this contract. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. C. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; C. Waiver of Subrogation Endorsement as required by the section; and Services Agreement between July 1, 2019 City of Dublin and Redwood Toxicology Laboratory, Inc. Page 6 of 14 d, Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. 4.3.3 Deductibles and Self- Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self - insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 [Intentionally Deletedl. 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City, 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Services Agreement between July 1, 2019 City of Dublin and Redwood Toxicology Laboratory, Inc. Page 7 of 14 ■ Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and /or ■ Terminate this Agreement.' Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability ") of every nature arising out of or in connection with Contractor's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc. July 1, 2019 Page 8 of 14 City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and /or employee contributions for PERS benefits, 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever, Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor-and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and.its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Egual Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military /veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic "), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc. July 1, 2019 Page 9 of 14 Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination, City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties, 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor, Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator, 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: Services Agreement between July 1, 2019 City of Dublin and Redwood Toxicology Laboratory, Inc. Page 10 of 14 8.6.1 Immediately terminate the Agreement;. 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9,2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and /or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc, July 1, 2019 Page 11 of 14 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose, 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement, 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc. July 1, 2019 Page 12 of 14 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials, 10.8 Contract Administration. This Agreement shall be administered by the City Manager ( "Contract Administrator "). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Redwood Toxicology Laboratory, Inc, P.O. Box 5680 Santa Rosa, CA 95402 -5680 Any written notice to City shall be sent to: City of Dublin Attn: Dublin Police Services 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral, Exhibit A Scope of Services Exhibit B Compensation Schedule 10.11 Counterparts. This Agreement maybe executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc. July 1, 2019 Page 13 of 14 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN Christopher L. Foss, City Manager Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney 3070365.1 Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc. Redwood Toxicology Laboratory, Inc. Cindy Horton, VP, US Commercial — Toxicology July 1, 2019 Page 14 of 14 AUNIffm SCOPE OF SERVICES Contractor shall provide forensic toxicology testing services as detailed in the attached Alameda County Contract attached as Exhibit A -1 to this Agreement, Services Agreement between July 1, 2019 City of Dublin and Redwood Toxicology Laboratory, Inc. Exhibit A —Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE 1, City will use its best efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice, Invoices for the Crime Laboratory will be submitted to the Criminalistics Laboratory for review and approval, Invoices will be submitted monthly for the previous month's testing services, 2. Contractor shall submit an invoice for services to City for payment on a monthly basis for the previous month's testing services. Invoices may be submitted on a more frequent basis, but with the approval of the Criminalistics Laboratory and the Coroner's Bureau, The City shall not be obligated to pay Contractor for services covered by any invoice if the Contractor presents the invoice to the City more than 180 days after the date the Contractor renders the services, or more than 90 days after this Agreement terminates, whichever is earlier, 3. Total payment under the terms of this Agreement will not exceed the total amount of Sixty One Thousand One Hundred Thirty -Two dollars ($61,132). This cost includes all taxes and all other charges, 4, Service Fee Schedule — Please see attached fee schedule, Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc, Exhibit C — Page 1 of 1 SCOPE OF SERVICES Contractor shall provide forensic toxicology testing services as detailed in the attached Alameda County Contract attached as Exhibit A -1 to this Agreement. Services Agreement between July 1, 2019 City of Dublin and Redwood Toxicology Laboratory, Inc. Exhibit A —Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE 1, City will use its best efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice, Invoices for the Crime Laboratory will be submitted to the Criminalistics Laboratory for review and approval. Invoices will be submitted monthly for the previous month's testing services, 2, Contractor shall submit an invoice for services to City for payment on a monthly basis for the previous month's testing services. Invoices may be submitted on a more frequent basis, but with the approval of the Criminalistics Laboratory and the Coroner's Bureau, The City shall not be obligated to pay Contractor for services covered by any invoice if the Contractor presents the invoice to the City more than 180 days after the date the Contractor renders the services, or more than 90 days after this Agreement terminates, whichever is earlier, 3. Total payment under the terms of this Agreement will not exceed the total* amount of Sixty One Thousand One Hundred Thirty -Two dollars ($61,132). This cost includes all taxes and all other charges. 4, Service Fee Schedule — Please see attached fee schedule, Services Agreement between City of Dublin and Redwood Toxicology Laboratory, Inc, Exhibit C — Page 1 -of 1 110-23 Master Contract No. 901632 Procurement Contract No. 17465 QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS INSTRUCTIONS: This questionnaire is to be completed by the County department for services contracts and must be included as part of the contract package, Be sure to answer all of the questions in Sections I and 11 and to complete the certifications on page 2, Sections III and IV contain supplemental questions to be answered for contractors in certain service categories. CONTRCC "TOR NAME: RedNvood Toxicology Laboratory, Inc dba Alere Forensics at Redwood Toxicology Laboratory "TITLE /SERVICE: _ Forensic Toxicology Testing Services DEPT #: 290341 DEPT. CONTACT: Captain Melanie Ditzenber er PHONE: (510) 382 -3343 I. INFORMATION ABOUT THE CONTRACTOR YES NO 1. Is the contractor a corporation or partnership? (X) ( ) 2. Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract? 3. If the answer to BOTH questions is YES, provide the employer ID number here: . 68- 0332937 No other questions need to be answered. Withholding is not required. 4. If the answer to question 1 is NO and 2 is YES, provide the individual social security number here: No other questions need to be answered. Withholding is not required. 5. If the answer to question 2 is NO, continue to Section II. II. RELATIONSHIP OF THE PARTIES YES NO 1. Does the County have the right to control the way in which the ( ) ( ) work will be done, i.e., will the County be able to specify the sequence of steps or the processes to be followed if it chooses to do so? 2. Is the contractor restricted from performing similar services for ( ) ( ) other businesses while he is working for the County? 3. Will the contractor be working for more than 50% of the time for ( ) ( ) the County (50% = 20 hrs /wk; 80 hrs /mo)? Page 1 of 2 110 -23 Master Contract No. 901632 Procurement Contract No. 17465 4. Is the relationship between the County and the contractor intended ( ) ( ) to be ongoing? III. FOR CONSULTANTS, PROJECT MANAGERS, PROJECT YES NO COORDINATORS 1. Is the contractor being hired for a period of time rather than for a ( ) ( ) specific project? 2. Will payment be based on a wage or salary (as opposed to a ( ) ( ) commission or lump sum)? IV. FOR PHYSICIANS, PSYCHIATRISTS, DENTISTS, YES NO PSYCHOLOGISTS 1. Will the agreement be with an individual who does not have an ( ) ( ) outside practice ?. 2. Will the contractor work more than an average of ten hours per ( ) ( ) week? IF THE ANSWER TO QUESTION 2 IS YES, ANSWER QUESTION 3. 3. Will the County provide more than 20% of the contractor's ( ) ( ) income? 4. If the answer to either question 2, or if required, question 3 is NO, the entire answer is NO. A "YES" answer to any of the questions in Section II, or, if applicable, Sections III or IV constitutes justification for paying the contractor through the payroll system as an "employee for withholding Purposes." CERTIFICATIONS; I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract. Docu3lpned by: DucuS1Vn.d by: 6 r WAi, P tON g aue- , AjenF / epain ent He Signature Cindy Horton Printed Name 2/20/2019 Date john Glann Printed Name 2/20/2019 Date Page 2 of 2 Master Contract No, 901632 Procurement Contract No. 17465 COUNTY OF ALAMEDA STANDARD SERVICES AGREEMENT This Agreement, dated as of 2/21/2019 , is by and between the County of Alameda, hereinafter referred to as the "County ", and Redwood Toxicology Laboratory, Inc. dba Alere Forensics at Redwood Toxicology Laboratory, hereinafter referred to as the "Contractor ". WITNESSETI-I Whereas, County desires to obtain forensic toxicology testing services which are more fully described in Exhibit A hereto'( "Definition of Services "); and Whereas, Contractor is professionally qualified to provide such services and is willing to provide same to County; and Now, therefore it is agreed that County does hereby retain Contractor to provide forensic toxicology testing services, and Contractor accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, the Additional Provisions attached hereto, and the following described exhibits, all of which are incorporated into this Agreement by this reference: Exhibit A Definition of Services Exhibit A -1 Specific Requirements Exhibit A -2 Implementation Plan and Schedule Exhibit B Payment Terms Exhibit C Insurance Requirements Exhibit D Debarment and Suspension Certification The term of this Agreement shall be from March 1, 2019 through December 31, 2021. The compensation payable to Contractor hereunder shall not exceed Severn Hundred Yhousand dollars ($700, 000) for the term of this Agreement. Page I of 15 Iklnster Contract No. 901632 Procurement Contract No. 17465 IN WITNESS WHEREOF, the parties Hereto have executed this Agreement as of the day and year first, above written. COUNTY OF ALAMEDA Docuftned by: X1661 at"-a, By' �LM)rlac-aD VMF- Signature Name: John Glann (Printed) Title: Purchasing Manager Date: 2/20/2019 DocuSigned by: By: F KA v(y G oawa� _ tgnature Name: Kimberly Gasaway (Printed) Title:, Chief Deputy, Administration, GSA Date: 2/21/2019 Page 2 of 15 REDWOOD TOXICOLOGY LABORATORY, INC. DBA ALERE FORENSICS AT REDWOOD . TOXICOLOGY LABORATORY Mcuftned bay: By: Signature Name: Cindy Horton (Printed) Title: VP, US Commercial - Toxicology Date: 2/20/2019 By signing above, signatory warrants and represents that he /she executed this Agreement in his /her authorized capacity and that by his /her signature on this Agreement, he /she or the entity upon behalf of which he /she acted, executed this Agreement. Master Contract No. 901632 Procurement Contract No. 17465 GENERAL TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor. Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor's failure to pay such amounts. In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County. Contractor does, by this Agreement, agree to perform his /her said work and functions at all times in strict accordance with currently approved methods and practices in his /her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned. Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two week's notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments. 2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Page 3 of 15 Master Contract No. 901632 Procurement Contract No. 17465 Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively "Liabilities ") except where such Liabilities are caused solely by the negligence or willful misconduct of any indetimitee. The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees' Retirement Association (ACERA) or California Public Employees' Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County. 3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C shall be considered an additional insured or loss payee if applicable. All of Contractor's available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement. Contractor's insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non - contributory and will not seek contribution from any other insurance (or self - insurance) available to County. Contractor's excess and umbrella insurance shall also apply on a primary and non- contributory basis for the benefit of the County before County's own insurance policy or self - insurance shall be called upon to protect it as a named insured. 4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar Page 4 of 15 Master Contract No. 901632 Procurement Contract No. 17465 character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract. 5. WORKERS' COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's'own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement. 6. CONFORMITY WITH LAW AND SAFETY: In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of goveriunental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor's failures to comply with such laws, ordinances, codes and regulations. b. Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor's performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub - Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident. Page 5 of 15 iAlaster Contract No. 901632 Procurement Contract No. 17465 7. DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000). a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor /Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7Code of Federal Regulations (CFIZ) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549. b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency; (2) Shall not luiowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction. 8. PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto. 9. TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement. 10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole responsibility of the Contractor. 11, OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals, plans, specification, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in anyway the subject matter of this Agreement, whether prepared by the County, the Contractor, the Contractor's sub - Contractors or third parties at the request of the Contractor (collectively, "Documents and Materials "). This explicitly includes the electronic copies of all above stated documentation. Contractor also hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including electronic copies stored in Contractor's Information System, respecting in any way the subject matter of this Agreement. Page 6 of 15 Master Contract No, 901632 Procurement Contract No, 17465 Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of said Documents and Materials. Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the County and any assignee of the County an express royalty -- free license to retain and use said Documents and Materials. The County's rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor's services as set forth in Exhibit "A" of this Agreement have been fully performed or paid for. In Contractor's contracts with other Contractors, Contractor shall expressly obligate its Sub - Contractors to grant the County the aforesaid assignment and license rights as to that Contractor's Documents and Materials. Contractor agrees to defend, indemnity, and hold the County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors and /or Sub - Contractors. Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by the Contractor. and incorporated into the work as set forth in Exhibit "A ", and shall defend, indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection. The County's rights under this Paragraph 11 shall not extend to any computer software used to create such Documents and Materials. 12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County. The Contractor agrees that any information, whether proprietary or not, made Imown to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 13 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the Page 7 of 15 Nlaster Contract No. 901632 Procurement Contract No. 17465 performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder. 13. NOTICES: All notices, requests, demands, or other conununications under this Agreement shall.be in writing. Notices shall be given for all purposes as follows: Personal delivery: When personally delivered to the recipient, notices are effective on delivery. First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt. Overnight Delivery: When delivered by overnight delivery (federal Express /Airborne /United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission: When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first -class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be deerned received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non - business day. Addresses for purpose of giving notice are as follows: To County: COUNTY OF ALAMEDA Sherift's Office 2901 Peralta Oaks Court Oakland, CA 94605. Attn: Unit Captain To Contractor: Redwood Toxicology Laboratory, Inc. 3650 Westwind Blvd Santa Rosa, CA 95403 Attn: Kristin Champion Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective Page 8 of 15 Master Contract No, 901632 Procurement Contract No. 17465 as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement. 14, USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his /leer obligations under this Agreement. 15, EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: Contractor assures that he /she /it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non -merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non -merit factor. b. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non -merit factor. C. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. d. Contractor shall recruit vigorously and encourage minority- and women- owned businesses to bid its subcontracts. e. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law. f. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts. Page 9 of 15 Master Contract No. 901632 Procurement Contract No. 17465 16. DRUG -FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug -free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possessor use controlled substances, as defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department /agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this Agreement. 17. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor. The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor's books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County fitrther reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later. 18. DOCUMENTS AND MATERIALS: Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement, all Documents and Materials, as defined in Paragraph 11 of this Agreement. Contractor's obligations under the preceding sentence shall continue for three (3) Page 10 of 15 Master Contract No. 901632 Procurement Contract No. 17465 years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County), and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for three (1) years following the County's last payment to Contractor under this Agreement. 19, TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement. 20, TERMINATION: The County has and reserves the right to suspend, terminate, or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice, to the event that the County should abandon, terminate, or suspend the Contractor's work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shalt be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its Forensic Toxicology Testing Services shall not exceed $700,000 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment. 21. SMALL, LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION: Contractor has been approved by County to participate in contract without SLEB participation (SLEB Waiver No. 5489). As a result, there is no requirement to subcontract with another business in order to satisfy the County's Small and Emerging Locally owned Business provision However, if circumstances or the terms of the contract should change, Contractor may be required to immediately comply with the County's Small and Emerging Local Business provisions, including but not limitedto: a. Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20% with a certified small or emerging local business(es). b. SLEB subcontractor(s) is independently owned and operated (i.e., is not owned or operated in any way by Prime), nor do any employees of either entity work for the other. Small and /or Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract. Contractor shall ensure that their own certification status and /or that of participating subcontractors (as is applicable) are maintained in compliance, with the SLEB Program. Page I 1 of 15 A9aster Contract No. 901632 Procurement Contract No. 17465 d. Contractor shall not substitute or add any small and/or emerging local business(s) listed in this agreement without prior written approval from the County. Said requests to substitute or add a small and/or emerging local business shall be submitted in writing to the County department contract representative identified under Item #13 above. Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency, Office of Contract Compliance and Reporting (OCCR). e. All SLEB participation, except for SLEB prime contractor, must be tracked and monitored utilizing the Elation compliance System. County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small and /or emerging local business. For further information regarding the Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact OCCR via e -mail at AC'SLEBcompliance(ci?acy-ov.ot 22. FIRST SOURCE PROGRAM: For contracts over $100,000, Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public. 23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California. 24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the parry waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not sitnilar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the Page 12 of 15 Master Contract No. 901632 Procurement Contract No..17465 entire understanding of file parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties. 26. HEADINGS herein are for convenience of reference only and shall in no way affect interpretation of the Agreement. 27. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance. 28. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties. 29. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor's performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County's request and shall thereafter diligently commence and fully perform such written plan. Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement. 30, SUBCONTRACTING /ASSIGNMENT: Contractor shall not subcontract, assign, or delegate any portion of this Agreement or any duties or obligations hereunder without the County's prior written approval. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void. b. Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County's prior written approval. C. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including, without limitation, Exhibit C. Contractor shall verify subcontractor's compliance. Page 13 of 15 Master Contract No. 901632 Procurement Contract No. 17465 d. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of theterms of any agreement between Contractor and its subcontractors. 31. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 12), shall survive termination or expiration. 32. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 33. PATENT AND COPYRIGHT INDEMNITY: Contractor represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software ( "Contractor Products ") provided to County under this Agreement infringe any patent, copyright or other proprietary right. Contractor shall defend, indemnify and hold harmless County of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, "Losses ") arising out of or in connection with an assertion that any Contractor Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. County will: (1) notify Contractor promptly of such claim, suit, or assertion; (2) permit Contractor to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable Contractor to do so. Contractor shall not agree without County's prior written consent, to any settlement, which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products. a. If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County, County may defend itself and /or settle such proceeding, and Contractor shall pay to County any and all losses, damages and expenses (including attorney's fees and costs) incurred in relationship with County's defense and/or settlement of such proceeding. b. In the case of any such claim of infringement, Contractor shall either, at its option, (1) procure for County the right to continue, using the Contractor Products; or (2) replace or modify the Contractor Products so that that they become non - infringing, but equivalent in functionality and performance. Page 14 of 15 Master Contract No. 901632 Procurement Contract No. 17465 C. Notwithstanding this Section 33, County retains the right and ability to defend itself, at its own expense, against any claims that Contractor Products hi inge any patent, copyright, or other intellectual property right. 34. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency. 3S. EXTENSION: This agreement may be extended for an additional two years by mutual agreement of the County and the Contractor. 36, SIGNATORY: By signing this agreement, signatory warrants and represents that he /she executed this Agreement in his /her authorized capacity and that by his /her signature on this Agreement, he /she or the entity upon behalf of which he /she acted, executed this Agreement [END OF GENERAL TERMS AND CONDITIONS] Page 15 of 15 Master Contract No. 901632 Procurement Contract No. 17465 EXHIBIT A DEFINITION OF SERVICES l . Contractor shall provide forensic toxicology testing services with the Specific Requirements and Implementation Plan and Schedule set on this Exhibit A, consisting of the following: Exhibit A -1 Specific Requirements Exhibit A -2 Implementation Plan and Schedule a. This Exhibit A has been drafted to include the requirements contained in the Request for Proposal No. 901632, including any addenda, the proposal response of Contractor (Response), and additional services that the County obtained through negotiations, if any. In the event of any conflict (direct or indirect) .among any of the exhibits, the RFP and the Response, the more stringent requirements providing the County with the broader scope of services shall have precedence, such that this Exhibit A including all attachments, the scope of work described in the RFP and the scope of work described in Contractor's proposal shall be performed to the greatest extent feasible. b. The RFP and Response may be relied upon to interpret this Contract and shall be applied in such a manner so that the obligations of the Contractor are to provide the County with the broadest scope of services for the best value. 2. Contractor project team will consist of the following Key Personnel and subcontractors, as applicable during the contract term: Name Title Tel Email Address Dr. Laureen Marinetti Director, Forensic Tox Lab 707- 570 -4455 lmari net ti (7redwoodtoxicology.coil, Gregory Priebe Sr. Forensic Alcohol Analyst 707- 570 -4461 gpriebetd3red�a •ood c0111 Mary Tardel Director, Business Development 707 -570 -4359 intardel {"r ),redwoodtoxicology.corn Christy Bowles Forensic Billing Specialist / Strategic Support Manager Forensic Advisor 707 - 570 -4393 707- 570 -4319 cbrnvlesi�redevoodtoxicoloEy .corn din acne iI( (-i) redwoodtoxicolou.com Don Mac Neil Exhibit A -1 Page 1 of 2 Master Contract No. 901632 Procurement Contract No. 17165 Contractor agrees that it shall not transfer or reassign the individuals identified above as Ivey Personnel or substitute subcontractors without the express written agreement of County, Nvhich agreement shall not be unreasonably withheld. Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement, Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to County's approval, which approval shall not be unreasonably withheld. 3. The approval of County to a requested change shall not release Contractor fronn its obligations under this Agreement. Exhibit A- I Page 2 of 2 i raster Contract No. 901632 Procurement Contract No. 17465 EXHIBIT A -1 SPECIFIC REQUIREMENTS 1. General Laboratory Requirements (applicable to both the Coroner's Bureau and the Criminalistics' Laboratory): a. Compliance & Quality Assurance (1) Contractor's laboratory shall be in compliance with the State of California's regulations for blood and urine alcohol analysis. (2) Contractor shall immediately notify the County of any quality assurance or compliance issues which may affect the quality of test results. (3) Contractor shall make its quality assurance and compliance documentation available to the County upon written request, (4) Contractor's laboratory shall perform lab testing according to Contractor's written standard operating procedures which includes policies and procedures on validations and technical procedures. (5) Contractor's laboratory shalt participate in an external proficiency testing program, approved by its accrediting body, which includes, at a minimum, a proficiency testing program for alcohol in blood or serum, and for drugs in at least one type of specimen. The Laboratory shall take appropriate actions, which shall be documented, when the results of the proficiency testing program are outside of compliance limits, The program shall realistically monitor the laboratory's quantitative analysis capability. (6) Contractor's laboratory shall complete all the specified tests within their own laboratory with the understanding that some esoteric test may need to be outsourced. Prior to the performance of external laboratory work,' Contractor shall notify the Coroner's Bureau and /or the Criminalistics' Laboratory of any work to be done external to the Contractor's laboratory. All external laboratories utilized by the Contractor must adhere to the same requirements outlined by the County irl the original RFP document; and this Agreement, and its attachment. (7) Contractor shall actively monitor its laboratory (and external laboratories, as applicable) for quality assurance. Contractor shall take appropriate and timely actions, which shall be documented, when the results of the quality assurance program require corrective action be taken. Exhibit A -1 Page 1 of 14 Master Contract No. 901632 Procurement Contract No. 17465 (a) Contractor shall treat Quality Control (QC) /Quality Assurance (QA) to be an ongoing process that encompasses all facets of the laboratory's testing and support functions. This includes specimen receipt, sample analysis, and test result reporting. QA and QC also extends to the laboratory's interactions with the County. (b) Under the American Board of Forensic Toxicology (ABFT) accreditation, all Contractor's laboratories must establish and follow their own written QC procedures. Contractor shall follow established written QC procedures for monitoring and evaluating the quality of each method to assure the accuracy and reliability of subject test results and reports. In addition, Contractor is subject to and shall comply with regulations by the State of California pertaining to forensic alcohol analysis and Forensic Alcohol Laboratory, including without limitation Title 17 of the California Code of Regulations, Div. 1, Ch. 2, Subchapter 1, Group 8, Forensic Alcohol Analysis (hereinafter, "Title 17"), The Contractor's testing personnel must have all applied to, and are recognized as, Forensic Alcohol Analysts. (c) Contractor shall have a mechanism in place to determine and monitor results of samples, determining, reporting and monitoring test report errors, resolving problems with turn - around times and test result reporting, as well as reviewing professional staff qualifications and certifications to ensure that all tests are performed in accordance with accreditation standards. (d) Contractor shall utilize the following controls for each screening procedure: drug -free urine, drug free blood and other negative controls as appropriate. In addition, low positive controls that are near the limit of detection, and positive controls at multiple concentrations are used to monitor the linear range of the analytical method. For a screen procedure to be accepted, positive controls must read positive and negative controls must read as none detected. (e) System Checks QA: (i) Contractor shall monitor the frequency of QC violations, recalibrations, and QC of each testing system used. QC monitoring and evaluation is performed by the laboratory director, or other designated senior staff. QC review is performed by designated senior staff during the batch Exhibit A -1 Page 2 of 14 Master Contract No. 901632 Procurement Contriet No. 17465 review process and documented on a QC hacking Excel spreadsheet, or equivalent, for each analyte measured. (ii) Quality control acceptance criteria and corrective action procedures are detailed in the Contractor's Laboratory Quality Control Manual and within the procedures for each testing system used in the laboratory. In addition, Contractor shall perform several blind proficiency tests throughout the year which measures both qualitative and quantitative performance of the analytical procedures. (iii) All Contractor's laboratory- associated problems, complaints, errors, policies, and procedures shall be discussed, evaluated, and appropriately documented by the Contractor's Laboratory Wide Management Advisory Committee (MAC) and /or Laboratory Management Committee (L -MAC). L -MAC meetings shall be held at 10:00 A.M. on Tuesdays and MAC meeting at 9:00 A.M. on every other Wednesday. Accreditation and quality control documentation shall be accessible to the County upon request. (iv) Contractor will hold County contract - specific meetings once monthly to include key parties from the Contractor's laboratory and the Sheriffs Office. Contractor will provide minutes as documentation for the County. (f) Staff Qualifications: Contractor's senior personnel shall be those that are certified by the ABET. (g) Contractor shall monitor analysts and other personnel involved with testing through a blind proficiency testing program. Positive and negative samples shall be introduced into the general workflow. "Testing of the proficiency samples shall be under taken by the testing personnel. The results shall be submitted to the proficiency test provider for grading. Any non - passing grade shall be reviewed for reason of failure. All corrective actions and employee training shall be documented appropriately. (h) Acceptance Criteria: Contractor shall not release final test results until all quality control, chain of custody, and equipment problems have been resolved and deemed acceptable. Exhibit A -1 Page 3 of 14 Master Contract No. 901632 Procurement Contract No. 17465 (i) Review of QA with Staff; Contractor shall update all relevant Contractor employees regarding revised and new QA/QC policies and execute as required which shall be documented and readily accessible to the County upon request, (j) Compliance with Accreditation and State Regulations: Contractor shall maintain continuous accreditation with the ABET. The lab shall supply the State of California all proficiency tests concerning ethanol measurement to comply with applicable state regulations, including Title 17. In addition, before any new employee measures ethanol for forensic purposes, s /he must be recognized by the State of California as a Forensic Alcohol Analyst. b. Dedicated Support /Customer Service (1) Contractor shall make support personnel available during business hours, Monday through Friday, to assist with account maintenance, supply requests, and issue resolution. (2) Contractor shall provide direct access via telephone and /or email to forensic toxicologists, Forensic Advisor, and a Strategic Support Manager to assist the County with day -to -day administrative items. (3) Contractor shall provide direct access to toxicologists for consultation on the particulars of the evidence, test recommendations, and result interpretations. C. Testing (1) Contractor's laboratory shall have the ability to test for chemical or drug agents. (2) Contractor's laboratory shall have the capability of developing methods for the testing of newly abased drugs such as synthetic cannabinoids, synthetic opioids, and opioid derivatives; and a commitment to research and develop testing and validation for newly emerging drug trends. (3) Contractor's laboratory shall provide for examination of samples on urgent bases and provide live consultation or telephone conversation services at no cost to the Coroner's Bureau and /or the Criminalistics' Laboratory. (4) The County has no specific "cut -off' requirements for limits of detection. However, any cut -off limits of detections determined by the Contractor's Exhibit A -I Page 4 of 14 IMaster Contract No. 901632 Procurement Contract No. 17465 validations, accreditation requirements, or legal statute shall be adhered to at all times. d. Caseload (1) Contractor's Laboratory shall have the ability to handle a caseload of approximately five hundred (500) cases monthly -- the Criminalisties' Laboratory expects approximately four hundred (400) cases per month; and the Coroner's Bureau expects approximately one hundred (100) cases per month. Contractor shall assign two (2) dedicated full -time customer support and sales representatives for administrative assistance (supply shipment, pricing, invoicing, etc.) (2) Contractor's laboratory shall complete at a minimum of ninety percent (90 %) of toxicology examinations within ninety (90) days of case submission. e. Employee Qualifications (1) Contractor's laboratory shall be under the direction of a person who is qualified by reason of appropriate education and experience to assume the required professional, organizational, education, managerial, and administrative responsibilities. (2) Contractor's laboratory employees shall continuously meet educational, training, and experience requirements as defined by the ABFT. f. Reports (1) Contractor's laboratory shall provide a report for each test conducted. The report shall include: (a) Subject Name (b) Agency (c) Agency Case Number (d) Specimen Description (e) Chain of custody information (f) The requested testing (g) Requesting Agency contract information Exhibit A -1 Page 5 of 14 Master Contract No. 901632 Procurement Contract No. 17465 (h) Test Results (i) Certification of test results statement by an ABFT analyst (j) Analyst signature (lc) Date of test and /or date of report (2) Contractor shall provide a signed laboratory report by ABFT certified analysts in accordance with Contractor's technical procedures, on all samples submitted for analysis within the following time frame, with the exception of esoteric tests that require outsourcing or development: (a) Blood or urine alcohol within five (5) days from receipt of blood or urine samples; (b) Negative results within five (5) days of receiving the blood or urine samples; (c) Drugs of abuse screen within ten (10) days from receipt of specimen; (d) Confirmation results within fifteen (15) days of receiving the blood or urine samples; (e) General drug screen within twenty (20) days from receipt of specimen; and (3) Contractor shall provide, upon request, written reports which are required for County to achieve continued accreditation. g. Fees (1) Contractor's laboratory shall not charge the County, the Alameda County Sheriff s Office (ACSO), the Coroner's Bureau, or the Criminalistics' Laboratory for false- positives. A false - positive shall be defined as when the Contractor identities a sample as containing a particular drug, reports this information to the Coroner's Bureau, the Criminalistics' Laboratory, the ALSO, or the County; and the Laboratory determines that the information provided as positive was in fact, false. (2) A maximum fee of Five Hundred Dollars ($500) shall be charged when the individual case test costs are in excess of Five Hundred Dollars ($500). If an individual test exceeds $500, the County requires the Contractor to contact the Coroner's Bureau and /or the Criminalistics' Exhibit A -I Page 6 of 14 Master Contract No. 901632 Procurement Contract No, 17465 Laboratory and inform them of the estimated cost above and beyond $500, in writing. Testing will only be performed when authorized by a Criminalistics' Laboratory or Coroner's Bureau representative, in writing. (3) Prices for tests not ordinarily performed or not listed in Exhibit B — Payment Terms, must be agreed upon, in writing, by the Coroner's Bureau anti /or the Criminalistics' Laboratory at the time of request. h. Contractor's laboratory shall provide services on a retail level for families that may want to pay for tests of specimens of decedents that the Coroner's Bureau determined were not necessary for its-purposes. For example, the Coroner's Bureau will not normally conduct toxicology testing on an obvious gunshot suicide, but the family may want to pay for a drug screen for their ownpurposes. The County shall not be responsible for the payment of any such tests. 2. Coroner's Bureau's Requirements: a. Compliance & Quality Assurance (1) Contractor shall be in compliance with the guidelines of the Society of Forensic Toxicologists (SOFT), and accredited by the ABFT, or the College of American Pathologists (CAP). (2) Contractor shall participate in external drug proficiency testing, approved by its accrediting body, for drugs of abuse. As indicated by non - compliance results, Contractor shall implement and document corrective actions. b. Testing (1) Contractor shall provide for the routine testing of all ethanol and volatiles, major drugs of abuse, major acidic drugs, and all non- esoteric basic drugs, as well as carbon monoxide; with the provision for STAT carbon monoxide testing. (2) Contractor shall test bodily fluids (e.g., blood, saliva, urine, bile, vitreous, gastric contents) and tissues (e.g., liver, brain, spleen, muscle, etc.) for• the presence or absence of drugs, providing the sample is in a condition that makes testing permissible. C. Employee Qualifications (1) Contractor's laboratory shall be under the direction of a person who is qualified by reason of appropriate education and experience to assume the required professional, organizational, education, managerial, and Exhibit A -1 Page 7 of 14 Master Contract No. 901632 Procurement Contract No. 17465 administrative responsibilities. The education and experience shall be comparable to those of persons certified as Fellow or Diplomate by the ABFT. (2) Contractor's chief toxicologist shall present proof of formal training and experience in forensic toxicology upon request by County. Contractor's chief toxicologist shall hold a relevant doctoral degree from an accredited institution. The chief toxicologist shall be certified by ABET or certified in toxicological chemistry by the American Board ol'Clinical Chemistry (ABCC) or the international equivalent. d. Preservation & Chain of Custody (1) Contractor shall provide various containers, sealers, and additives /preservative ingredients required by the Coroner's Bureau to preserve and identify samples submitted. (2) Contractor shall keep all samples refrigerated with temperature between 35 to 38 degrees Fahrenheit (1.7 to 3.3 degrees centigrade) orfrozen. (3) ' Contractor shall maintain a strict chain of custody which clearly documents the name, date, and time that laboratory personnel handled, inspected, analyzed, stored, or transported biological samples or evidence which are under the Contractor's control from the time biological samples are removed from the Coroner's Bureau and until they are returned to the Coroner's Bureau. All Contractor's laboratory personnel handling of evidence is documented in their laboratory information management system (LIMS). A summary of Contractor's process is as follows: (a) Specimen Handling (Receipt Through Storage) (i) Forensic specimens are received at Contractor's laboratory via FedEx or courier. The package is opened in the accessioning area of the Forensic Lab, where the evidence is first inspected for proper packaging by the County (sealed and initialed across the seal). Improperly packaged specimens will be noted. After opening the package, laboratory personnel document the case number, donor's name, tube or container type, volumes, any discrepancies between the specimen tube label information and the request form, and any special circumstances in Contractor's LIMS. Thereafter, the LIMS generates and assigns a case number for the package and any evidence contained therein. Bar code labels are producedby Exhibit A -1 Page 8 of 14 Master Contract No. 901632 Procurement Contract No. 17465 the LIMS for each piece of evidence and evidence container, printed out, and affixed accordingly' laboratory personnel record their initials and the log -in date on each label for chain of custody purposes. (ii) A Toxicology Case Worklist (TCW) is created for each case. The TCW contains a list of all tests performed in the lab. Each test required for the case is checked off. The TCW is then placed in the active case binder. Evidence tubes and biological specimens are placed in numerical order in the Forensic Evidence Refrigerator; non - biological evidence is stored in a locked cabinet. The evidence transfer is recorded in the LIMS. Outer packaging is stored in the evidence log -in area. (iii) As each test is performed, the analyst checks the box on the TCW and initials and dates next to the box. When testing is finished and Forensic Toxicologist review has been completed, evidence is sealed and stored (heat sealed in a bag or original container), dated, initialed, and either placed in the long -term storage freezer for a minimum of fourteen months, returned to locked ambient storage, or returned to the County. Sample storage location/return status will be updated in LIMS. Specimens are usually sealed within five (S) business days from the technicaUadmin review date. All technical and administrative reviews as well as evidence disposition is recorded on the bottom of the TCW using initials and dates as well as tracked in the LINTS. (b) Testing Protocols: (i) Testing performed on specimens within a case will be based on County's request and are noted on the TCW created for the case. For each assay performed on a specimen, the analyst dates and initials the test on the TCW and creates a Batch Assay Worklist which includes the date that the assay is performed, the analyst's initials, the type of assay to be done,. the case number, the type of specimen to by assayed, the tube number of the specimen to be assayed if the tubes differ in any way, and any dilutions of the specimen that are required to do the assay. Upon completion of the assay, the Batch Assay Worklist is utilized as the first page of the batch data packet, which will also contain data from the calibrators and positive /negative controls run with that particular assay. Exhibit A -1 Page 9 of 14 Master Contract No. 901632 Procurement Contract No. 17465 (ii) Once screening tests are completed, confirmation tests to be performed are dictated by which specific drugs or drug classes screened positive. Sample quantity may be a factor in dictating which confirmations are actually completed; if limited sample is available, the Laboratory Director and County will communicate to determine which, if any, confirmation testing will be completed. Contractor shall routinely perform confirmation testing on two different matrices of specimen (e.g., blood and urine) for compliance with ABFT certification standards. If only one specimen type is submitted, confirmations will be carried out in duplicate, when possible. ' (c) Documentation: (i) A TCW form is prepared for each case at the outset, indicating the case number and the required testing to be performed. The TCW for each case is put into a progress binder kept in the lab; these are ordered numerically. The TCW is updated during each stage of testing to include dates /initials from the analysts performing the assay. Specimens requiring retesting will receive a new TCWthat indicates it is a second TCW and updated results will be entered into the LIMS under a new request. (ii) When testing is completed, the TCW is given to a certified toxicologist for preparation of the final data PDF and draft completion in the LIMS. The case is then passed on to the Lab Director or Senior Forensic Toxicologist for technical and administrative review. The reviewer will mark the date on the TCW and put in appropriate receptacle for processing. The final TCW will be scanned and saved in the case file and attached in LIMS under the case images tab. Once the specimen is destroyed or returned to the County, its disposition is updated in LIMS under the case number. (4) Contractor shall preserve all specimens tested for a minimum of five (5) years or as requested by the Alameda County District Attorney. Samples shall be appropriately stored to ensure against loss, contamination, or deleterious change. e. Transportation: Contractor shall provide transportation services of specimens to and from the location(s) listed below. The location(s) is subject to change andmay be adjusted upon the needs of the Coroner's Bureau. A pickup and delivery Exhibit A -1 Page 10 of 14 Master Contract No. 901632 Procurement Contract No. 17465 schedule shall be created in coordination between the Coroner's Bureau and the Contractor. Pick up of all samples or items to be tested or inspected by the Contractor shall be required to be picked up at the folloNving location: Alameda County Sheriff's Office Coroner's Bureau 2901 Peralta Oaks Court, 11' Floor Oakland, CA 94605 3. Criminalistics' Laboratory's Requirements: a. Compliance & Quality Assurance (1) Contractor shall participate in external drug proficiency testing, approved by its accrediting body, for drugs of abuse. As indicated by non - compliance results, Contractor shall implement and document corrective actions. (2) Contractor shall maintain documentation of adherence to forensic alcohol testing and training as required by applicable state regulations, including Title 17. b. Testing (1) Contractor shall provide for the routine testing of all ethanol and volatiles, major drugs of abuse, major acidic drugs, and all non- esoteric basic drugs. (2) Contractor shall test blood and urine samples for alcohol and/or drugs and provide related services as requested by the Criminalistics' Laboratory, the ALSO, or the County on a nonexclusive basis. C. Employee Qualifications (1) Contractor's laboratory shall be under the direction of a person who is qualified by reason of appropriate education and experience to assume the required professional, organizational, education, managerial, and administrative responsibilities. The education and experience shall be comparable to those of persons certified as Feflow or Diplomate by the ABFT. (2) Contractor's chief toxicologist shall be able to present proof of formal training and experience in forensic toxicology. Contractor's chief toxicologist shall hold a relevant doctoral degree from an accredited Exhibit A -1 Page I I of 14 Master Contract No. 901632 Procurement Contract No, 17465 institution, The chief toxicologist shall be certified by AI3FT or certified in toxicological chemistry by the ABCC or the international equivalent. d. Preservation & Chain of Custody (1) Contractor shall provide sufficient quantities of blood and urine specimen collection kits to the Criminalistics' Laboratory and to designated medical facilities to preserve and identify the samples submitted ensuring a strict chain of custody. (2) Contractor shall keep the samples refrigerated with temperature between 35 to 38 degrees Fahrenheit (13 to 3.3 degrees centigrade) orfrozen. (3) Contractor shall preserve ALL specimens tested for a minimum of five (5) years or as requested by the Alameda County District Attorney. All samples shall,be stored appropriately to ensure against loss, contamination, or deleterious change. e. Protection of Data (1) Contractor shall utilize a computerized information management system, An appropriate security system shall be used to prevent intrusion, unauthorized release of information, or unauthorized addition, deletion, or alteration of data. (2) Contractor must have controlled access to the data center where the storage of data includes both physical (Forensic Lab and Server Room) and electronic data access to prevent unauthorized access to our data. All access shall be reviewed regularly. (a) Contractor shall comply with all applicable laws that require the notification of individuals in the event of unauthorized release of personally identifiable information or other event requiring notification. (b) Contractor shall notify, in writing, the Coroner's Bureau and the Criminalistics' Laboratory of any actual exposure or misappropriation of County Data (any "Leak ") within twenty four (24) hours of the discovery of such, whether required by law or not. The following information shall be included in the notification; (i) The cause of the Incident, (ii) How Contractor became aware of the Incident. (iii) Steps taken to resolve the Incident, Exhibit A -1 Page 12 of 14 Master Contract No, 901632 P►•ocurement Contract No. 17465 (iv) Brief description of steps Contractor is taking to prevent a reoccurrence. (c) Contractor shall reasonably cooperate Nvith County and with law enforcement authorities in investigating any such security breach, at Contractor's expense. Contractor shall likewise reasonably cooperate with County and with law enforcement agencies in any effort to notify injured or potentially injured parties. (d) Contractor agrees to store all data within the United States within a data center with high availability disaster recovery. (e) Backups: Contractor shall offer a minimum of thirty (30) days of backups that can be fully restored. (t) All data must be at 256 -bit encryption while in transit or when using shared lines. f. Transportation (1) Contractor shall provide transportation services of specimens to and from the location(s) listed below. Locations are subject to change and may be adjusted upon the needs of the Criminalistics' Laboratory. A pickup and delivery schedule shall be created in coordination between the Criminalistics' Laboratory and the Contractor. For all samples or items to be tested or inspected by Contractor, pick up will be currently required at the following locations: (a) Alameda County Sheriff s Office Coroner's Bureau 2901 Peralta Oaks Court, First Floor Oakland, CA 94605 (b) California Highway Patrol 21020 Redwood Road Castro Valley, CA. 94546 (c) California Highway Patrol 4999 Gleason Road Dublin, CA. 94568 (d) California Highway Patrol 2434 Whipple Road Exhibit A -1 Page 13 of 14 Master Contract No. 901632 Procurement Contract No. 17465 Hayward, CA. 94544 (e) California Highway Patrol 3601 Telegraph Avenue Oakland, CA. 94609 Exhibit A -1 Page 14 of 14 Master Contract No. 901632 Procurement Contract No. 17465 EXHIBIT A -2 IMPLEMENTATION PLAN AND SCHEDULE The implementation plan and schedule include two deliverables: Support and Testing Services. The support component is implemented first to allow Contractor time to implement an account transition and commence with required services to County. The list of support deliverables is as follow: Task Account klilestolle Respoiisible Role Forensic Advisor Responsible Department(s) DLIC Date Within two business days Setup & Initial Outreach & Strategic D Development Development of award, dependent upon R011 -Out Support Manager the County's schedule Account setup including: acquiring a list of locations, pertinent contact information, billing and Account shipping addresses, results Forensic Advisor Business Within five business days of Setup & reporting details, special & Strategic Development initial outreach Roll -Out preferences, and specimen Support Manager pick -up schedule. Chain of custody and specimen collection supplies will be shipped. Account Specimen collection, Forensic Advisor Within two business days of Setup & chain of custody, and & Strategic Business account setup and preferably Roll -Out shipping supplies received Support Manager Development five to seven business days by the County. prior to contract start date On -Site Training & Within five business days of Account Introductions, including All Key Team Business account setup, or as determined Setup & discussion of testing needs, . Members, County Development, by the County's schedule) and Rol) Out processes, reporting Staff Members Forensic preferably at least five days standards, known trends, Laboratory prior to contract start date and special supply requests. All Key '['earn Business Account Go -Live Go -Live Date Members, County Development, Forensic Contract Start Date Staff Members Laboratory Exhibit A -2 Pagel of 3 Master Contract No. 901632 Procurement Contract No. 17465 Task Ongoing Milestone W Weekly check -in for the Responsible Role Forensic Advisor Responsible Business Due Date Account first GO days & Strategic Development Every 7 days Support begin upon receipt of specimen Support Manager Forensic Technicians /Forensic Laboratory and according to standards management system Business set forth by the County Ongoing Development in the RFP and this Agreement Account Biweekly check -ins beyond Director, Forensic Business Every 14 days Support 60 -day benchmark Advisor & Development Strategic Support Manager Resolution of new issues or Business concerns brought forward Development, Ongoing from client and facilitation Forensic Account of new services as needed. All Key Team Laboratory, Continuously as needed Support Includes billing inquiries, Members Supporting special requests, account Departments changes, and meeting (IT, requests. Account, etc,) Specimen testing and Project reporting is completed. All Key Team Business Completion Fallow -up session to Members, County Development, Forensic 'resting Completion Debrief determine satisfaction Staff Members levels. Laboratory Testing Services: The Testing Services component will commence following the Go -Live date. This component is driven by the key tasks, deliverables, and milestones for the receipt, testing, and reporting of specimens. Expert witness, consulting, and ongoing support are key deliverables as well. The following table outlines the high -level tasks and milestones. Task/Milestone Responsible Role Responsible Department( Due Date Specimen Receiving; Log Laboratory Director, Senior Results reporting timeline to case and specimens) into Forensic Toxicologist, or Forensic begin upon receipt of specimen laboratory information Forensic Technicians /Forensic Laboratory and according to standards management system Analysts set forth by the County in the RFP and this Agreement Exhibit A -2 Page 2 of 3 Master Contract No. 901632 Procurement Contract No. 17465 Exhibit A -2 Page 3 of 3 Laboratory Director, Senior Process furthers the Specimen Testing: Screen Forensic Toxicologist, or Forensic timeline on results and confirm specimens) Forensic Technicians /Forensic Laboratory reporting standards set Analysts forth by the County in this Agreement Laboratory Director, Senior Forensic Process furthers the timeline on results Technical Review of Batch Forensic. Toxicologist, or Laboratory e g standards set in t e Data: Review batch data Forensic Technicians /Forensic forth the County in Analysts this Agreement Technical Review of Data Forensic Process furthers the timeline on results Supporting Findings: Laboratory Director, Senior Laboratory reporting standards set Prepare and submit report Forensic Toxicologist forth by the County in to County this Agreement Administrative Review of Forensic Process furthers the timeline on results Whole Report: Prepare Laboratory Director, Senior Laboratory reporting standards set and submit report to Forensic Toxicologist forth by the County in County this Agreement Expert Opinion (drugs ar Forensic Upon notification of alcohol): Review supplied Laboratory Director Laboratory request, expert opinion case data and step will begin requirements Expert Opinion (alcohol): Forensic Upon notification of Review supplied case data Laboratory Director, Senior Laboratory request, expert opinion and requirements of Forensic Toxicologist step will begin County Forensic Laboratory, Ongoing Technical Support Business & Consultation: Resolution Development, of new issues or concerns All Key Team Members Supporting Continuously as needed brought forward from Departments client specifically regarding (Le. IT, laboratory testing services Accounting, etc.) Exhibit A -2 Page 3 of 3 COMPENSATION SCHEDULE 1, City will use its best efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice. Invoices for the Crime Laboratory will be submitted to the Criminalistics Laboratory for review and approval. Invoices will be submitted monthly for the previous month's testing services, 2. Contractor shall submit an invoice for services to City for payment on a monthly basis for the previous month's testing services, Invoices may be submitted on a more frequent basis, but with the approval of the Criminalistics Laboratory and the Coroner's Bureau, The City shall not be obligated to pay Contractor for services covered by any invoice if the Contractor presents the invoice to the City more than 180 days after the date the Contractor renders the services, or more than 90 days after this Agreement terminates, whichever is earlier, 3, Total payment under the terms of this Agreement will not exceed the total amount of Thirty Thousand Five Hundred Sixty -Six dollars ($30,566). This cost includes all taxes and all other charges, 4, Service Fee Schedule — Please see attached fee schedule, Services Agreement between March 1, 2019 City of Dublin and Redwood Toxicology Laboratory, Inc. Exhibit B — Page 1 of 1 Master Contract No. 901632 Procurement Contract No. 17465 EXHIBIT B PAYMENT TERMS County will use its best efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice. Invoices for the Coroner's Bureau will be submitted to the Coroner's Bureau review and approval. Invoices for the Crime Laboratory will be submitted to the Criminalistics Laboratory for review and approval. Invoices will be submitted monthly for the previous month's testing set-vices. 2. Contractor shall submit an invoice for services to County for payment on a monthly basis for the previous month's testing services. Invoices may be submitted on a more frequent basis, but with the approval of the Criminalistics Laboratory and the Coroner's Bureau. The County shall not be obligated to pay Contractor for services covered by any invoice if the Contractor presents the invoice to the County more than 180 days after the date the Contractor renders the services, or more than 90 days after this Agreement terminates, whichever is earlier. 3. Total payment under the terms of this Agreement will not exceed the total amount of Seven Hundred Thousand dollars ($700,000). This cost includes all taxes and all other charges. 4. Service Fee Schedule a. Coroner's Fee Schedule Item Description Year I - 3 Cost per Test Complete sereen with confirrrration /levels: Comprehensive screening with confirmation and quantification of abused 1 drugs, alcohol and other drugs that are in range of high therapeutic to $180.00 overclose levels. Includes prescription and over -the counter drugs, over 200 drugs and metabolites. Abused drug screen: 2 Cocriine, Opiates (including Fentanyl and its analogs), Phencyclidine "PCP ", Amphetamines; includes four (4) individual screens (Qualitative $43.00 screen only with no confirmation) General drug screen: 3 Includes prescription and over -the counter drugs, over 200 drugs and $78.00 tetabolites (Qualitative screen only) 4 Abused specific drug screen /confirm /level $71.00 Exhibit B Page 1 of 19 Muster Contract No. 901632 Procurement Contract No. 17465 Fxhibit B Page 2 of 19 Yearn - 3 Item Desel- iption Cost per Test' Immunoassay, Liquid Chromatography Mass Spectrometer (LCMS), Gas Chromatography Mass Spectrometry (GUMS) screening for a specific drug from a'biological matrix with determination and quantitative concentration of primary drug and metabolite (Quantitative). This is a panel. Quote single price for all drugs. *Specialty drugs to be charged at the prices shown on pages 5 -19 of Exhibit B. Blood alcohol 5 Blood ethyl alcohol with confirmation in secondary sample (vitreous $38.00 humor, urine, etc.) Solvent /volatile: 6 Methyl alcohol, isopropyl alcohol, acetone, benzene, chloroform, toluene, 571.00 etc. with confirmation in secondary sample (vitreous humor, urine, etc.) 7 Vitreous Panel: $71.00 Sodium, potassium chloride, glucose 8 Urea Nitrogen: $26.00 Urea nitrogen (vitreous humor, Vitreous Urea Nitrogen (VUN) Creatinine: $26.00 (VitVous humor) Carboxyhemoglobin: $71:00 10 percentage ( %) saturation of blood by Carbon Monoxide (CO) Identification: Identification and confirmation of drugs in capsule, powders, tablets; $100.00 fluids, organic material F Tissue preparation: Mincing /liquefying preparation of tissue sample (The test will only be $32.00 12Substance needed if preparation would be priced separately from the cost of testing the tissue) Fxhibit B Page 2 of 19 Master Contract No. 901632 Procurement Contract No. 17465 b. Item - Descr'ftion i'ci 1 - 3 Cost per Test' Fee for testing each additional sample tested or per additional toxicology Cost per Test 1 report for Coroner's complete screen with confirmation /levels: $3$,00 Comprehensive screen with confirmation and quantification of abused 1 drugs, alcohol and other drugs that are in range of high therapeutic to $50.00 overdose levels. Includes prescription and over - the - counter drugs, over 200 drugs and metabolites. This is for additional specimen or retesting of 2 the same specimen if a confirmation of the original test is required. $30.00 Fee if specific drug is "NOT DETECTED" for: Specific drug screen /confirmation level immunoassay, LCMS, GCMS screening for a specific drug form a biological matrix with determination 2 and quantitative concentration of primary drug and metabolite when $71.00 applicable (Quantitative). Fee to determine and quantify a specific drug 3 (base substance) from a compound substance, o►• for a negative /exoteric $70.00 drug screen. c. Criminalistics' Laboratory Fee Schedule Item Description Year 1-- 3 Cost per Test 1 Forensic blood alcohol tests $3$,00 Drug of Abuse Screen (4 Drugs) for screen only with no confirmation - Amphetamines /Methamphetamine (Urine /Blood) — includes Methylenedioxyamphetamine (MDA), 2 Methylenedioxymethamphetamine (MDMA), Cocaine & Metabolite $30.00 Urine /Blood); - Opiates (Urine /Blood) — includes morphine, codeine, hydrocodone, hydromorphone, fentanyl (and its analogs); - Phenc yclidine "PCP ",(Urine /Blood) General drug screen (when required after drugs of abuse screen).- 3 Includes antihistamines, barbiturates, bcnzodiazepines tricyclic $70.00 antide ressants cariso rodol and other prescription drugs) Exhibit B Page 3 of 19 tMaster Contract No. 901632 Procm•ement Contract No. 17465 Single Enzyme Linked Immunosorbent Assay (EIASA) drug screen (to name a few: cannabinoids, opiates, PCP, amphetamine, barbiturates, methamphetamine, cocainc /BE, benzodiazepines, flunitrazepam, buprenorphine, fentanyl, oxycodone, trieycline antidepressants, tramadol, carisoprodol, methadone, zolpidem (Single price for all drtrgs) $21.00 6" Single drug confirmation /level (drugs of abuse) $47.00 Specific drug screen /confirmation level (one specific analyte to be screened and confirmed) $71.00 (i.e. benzodiazepines, Tetrahydrocannabinol (THC), carisoprodol, etc.) Exhibit B Page 4 of 19 cl. Njaster Contract No. 901632 Procurement Contract No. 17465 Therapeutic and Abused Drug Screens Coroner's Bureau and Criminalistics' Laboratory (Normally done on blood samples, soreening prices only, no confirmation) Criminalistics Laboratory: Blood and Urine Samples only Item Description Year 1— 3 Cost Per Test 1 Acepromazine $ 220.00 2 Acetaldehyde $ 100.00 3 Acetaminophen $ 160.00 4 Acetohexamide upon request 5 Alfentanil $ 190.00 6 Alloba►•bital $ 100.00 7 Alphaprodine $ 500.00 8 Alphenol upon request 9 Alprazolam $ 100.00 10 Amantadine $ 100.00 1 I Aminophylline upon request 12 Amitriptyline and Nortriptyline $ 100.00 13 Amobarbital $ 100.00 14 Arnoxapine and Metabolite $ 160.00 15 Amphetamine $ 100.00 16 Aprinidine upon request 17 Aprobarbital $500.00 18 Atropine $250.00 19 Azatadine upon request 20 Barbital $ 160.00 21 Benzocaine $ 500.00 22 Benzphetamine $ 175.00 23 Benztropine $ 120.00 Exhibit 13 Page 5 of 19 Master Contract No. 901632 Procurement Contract No. 17465 Item Description Year 1— 3 Cost Per Test 24 Biperdin $ 500.00 25 Bompheniramine and Metabolite $ 100.00 26 Bromcliphenhydramine $ 100.00 27 Bromocriptine $ 500.00 28 13upivacaine $ 100.00 29 l3uspir011e $ 100.00 30 Butabarbital $ 160.00 31 Butalbital $ 100.00 32 13utorpha1101 $ 400.00 33 Caffeine $ 100.00 34 Cannabinoid $ 100.00 35 Cannabinoids (Forensic) $ 100.00 36 Carbamazepine $ 100.00 37 Carbinoxamine $ 125.00 38 Carbromol $ 300.00 39 Cathine $ 300.00 40 Chlordiazepoxide $ 100.00 41 Chlorplheniramine $ 100.00 42 Chlorplientermine $ 160.00 43 Chlorpromazine $ 160.00 44 Chlorpropanlide $ 190.00 45 Clobazam $ 190.00 46 Clomipramine &Metabolite $ 190.00 47 Clonazepam & Metabolite $ 100.00 48 Clozapine & Metabolite $ 160.00 49 Cocaethylene $ 100:00 50 Cocaine $ 100.00 51 Codeine $ 100.00 Exhibit B Page 6 of 19 Nbster Contract No. 901632 Procurement Contract No. 17165 Item Description Year 1 —3 Cost Per Test 52 Cotinine $ 100.00 53 Cyclizine $ 200.00 54 Cyclobenzaprine $ 100.00 55 Cyproheptadine $ 200.00 56 Desipramine $ 100.00 57 Desmethyldoxepin $ 100.00 58 Dextromethot•phan $ 100.00 59 Diazepam & Nordiazepam $ 100.00 60 Dicyclomine $ 125.00 61 Diethylpropion $ 125.00 62 Dihydrocodeine $ 100.00 63 Diltiazem + Metabolite $ 160.00 64 Dimethyltryptamine $ 225.00 65 Diphenhydramine $ 100.00 66 Diphenoxylate $ 200.00 67 Disopyramide $ 160.00 68 Doxepin $ 100.00 69 Doxylamine $ 100.00 70 EDDP (decomp product) upon request 71 EDMP (decomp product) upon t•equest 72 Encainide $ 500.00 73 Ephedrine $ 100.00 74 Ethinamate $ 90.00 75 Ethotoin $ 300.00 76 Ethylecgonine $ 100.00 77 Fennin -amine $ 225.00 78 Fentanyl and its analogs (norfentanyl, carfentanil, etc) $ 225.00 79 Flecainide $ 160.00 Exhibit B Page 7 of 19 Master Contract No. 901632 Procurement Contract No. 17465 Item Description Cost Pei- Test 80 Plunitrazepani & Metabolite $ 100.00 81 1'luoxetine & Metabolite $ 100.00 82 F luphenazine $ 125.00 83 hlurazepain $ 100.00 84 Glutethimide $ 125.00 85 Halazepam $ 160.00 86 Haldol $ 100.00 87 I lexobarbital $ 500.00 88 Hydrocodone $ 100.00 89 Hydroxyzine $ 100.00 90 Ibuprofen $ 100.00 91 Iminostilbene $ 100.00 92 lmipramine $ 100.00 93 Ketamine & Norketamine $ 100.00 94 Ketazolam $ 500.00 95 L.atnotrigine $ 100.00 96 Levorphanol $ 160.00 97 Lidocaine & MEGX $ 160.00 98 Lorazepam $ 100.00 99 Loxapine $ 300.00 100 LSD ((qualitatively only) $ 90.00 101 Maprotiline $ 300.00 102 Mazindol $ 500.00 103 MDA $ 100.00 104 MDEA upon request 105 MDMA $ 100.00 106 Mcclizine $ 100.00 107 Meperidine and Normeperidine $ 150.00 Exhibit B Page 8 of 19 master Contract No. 901632 Procurement Contract No. 17465 Iteill Description Year 1 — 3 Cost Per Test 108 Mephentermine upon request 109 Mephenytoin $ 500.00 110 Mepivaeaine $ 140.00 111 Meprobatnate $ 190.00 112 Mescaline $ 140.00 113 Mesoridazine $ 90.00 114 Methadone $ 100.00 115 Methamphetamine $ 100.00 1 16 Methapyrilene upon request 117 Methaqualone $ 100.00 118 Metharbital $ 100.00 119 Methdilazine upon request 120 Methohexital $ 500.00 121 Methorphan upon request 122 Methotrimeprazine $ 350.00 123 Methsuxamide & normethsu.xamide $ 160.00 124 Methyleegonine $ 100.00 125 Methylphenidate $ 100.00 126 Methyprylon upon request 127 Metoprolol $ 100.00 128 Mexilitine $ 500.00 129 Mianset•in $ 160.00 130 Midazolam $ 100.00 131 Mirtazapine $ 100.00 132 Molindone $ 350.00 133 Morphine $ 100.00 134 Nomefensine upon request 135 Normethimide upon request Exhibit t3 Pate 9 of 19 i7aster Contract No. 901632 Procurement Contract No. 17465 item Description Year 1 — 3' Cost Pei- Test 136 Nylidrin (F3uphenine) upon request 137 Olanzapine $ 160.00 138 Orphenadrine $ 190.00 139 Oxazepam $ 100.00 140 Oxycodone $ 100.00 141 Papaverine $ 125.00 142 Paroxetine $ 100.00 143 Pemoline $ 100.00 144 Pentazocaine $ 500.00 145 Pentobarbital $ 100.00 146 Pentylenetetrazole $ 100.00 147 Perphenazine $ 140.00 148 Phenaeetin $ 100.00 149 Phencyclidine $ 100.00 150 Phendimetrazine $ 500.00 151 Pheniramine $ 160.00 152 Phenobarbital & PEMA $ 100.00 153 Phensuximide $ 100.00 154 Phentermine $ 100.00 155 P11enylpropanolamine $ 140.00 156 Phenyto in $ 100.00 157 Placidyl upon request 158 Pocainamide & NAPA $ 550.00 159 Prazepam $ 500.00 160 Prilocaine $ 350.00 161 Primidone $ 100.00 162 Procainamide $ 500.00 163 Procaine $ 500.00 Exhibit B Page 10 of 19 Master Contract No. 901632 Procurement Contract No. 17465 Item Description Year 1 3 Cost Per Test 164 1 Prochlorperazine 1 $ 100.00 I 165 I Procyclidine I $ 125.00 1 Exhibit B Page 1 1 of 19 166 Promazine $ 175.00 167 Pronnethazine $ 100,00 168 Propane $ 300.00 169 Propano l $ 160.00 170 Propoxyphene & norpropoxyphene $ 160.00 171 Propylhexadrine $ 500.00 172 Protriptyline $ 160.00 173 Pseudoephedrine $ 160.00 174 Pyrilamine $ 140.00 175 Quinidine $ 400.00 176 Quinine $ 125.00 177 Salicylates $ 160.00 178 Scopolamine $ 160.00 179 Secobarbital $ 100.00 180 Sertraline & Desmethyylsert•aline $ 100.00 181 Strychnine $ 150.00 182 Sufentanil $ 190,00 183 Talbutal $ 200.00 184 Tamoxifcn $ 575.00 185 Temazepam $ 100.00 186 Tetracaine $ SOO.OU 187 THC $ 100.00 188 Theobromine $ 140.00 189 Theophylline $ 100,00 _ 190 Thiamylal $ 500,00 191 Thiethylperazine upon request Exhibit B Page 1 1 of 19 Master Contract No. 901632 Procurcment Contract No. 17465 Item Description Year 1 — 3 Cost Per Test 192 Thiopental $ 500.00 193 Thioridazine $ 500.00 194 Thiothixene $ 140.00 195 Ticlopidine $ 140.00 196 Tiletamine $ 425.00 197 Tocainide $ 500.00 198 Tramadol and Metabolite $ 500.00 199 Tranylcypromine $ 500.00 200 Trazodone $ 100.00 201 Triazo lam $ 100.00 202 Trichloroethane upon request 203 Trichloroethanol $ 300.00 204 Trifluoperazine $ 160.00 205 Triflupromazine $ 420.00 206 Trihexyphenidyl $ 160.00 207 Trimethoprim $ 140.00 Trimipramine & Desmethyltrimipramine $ 155.00 Triprolidine $ 140.00 r2I Venlafaxine & Metabolite $ 100.00 Verapamil $ 160.00 Zolazepam $ 225.00 Zolpidem $ 100.00 214 Synthetic Call nabinoids $225.00 Exhibit B Page 12 of 19 e. Master Contract No. 901632 Procurement Contract No. 17465 GC /NIS Confirmation/Quantitation Coroner's Bureau and Criminalistics' Laboratory (Crirninalistics' Laboratory: Blood & Urine Samples only) Item Description Ycal• 1 - 3 Blood UI.111e Tissue Liquid 1 Acetaminophen $55.00 $55.00 $165.00 $165.00 2 Acetazolamide $73.00 $73.00 upon request upon request 3 Acetlymorphine see morphine upon request upon request upon request 4 Acetohexamide upon request upon request upon request upon request 5 Acetone (Ketones) $100.00 $100.00 $225.00 $225.00 6 Acetophenazine $600.00 upon request upon request upon request 7 Alcohol Ethyl, Blood upon request upon request upon request upon request 8 Alcohol Ethyl, Urine upon request upon request upon request upon request 9 Alcohol Ethyl, Vitreous upon request upon request upon request upon request 10 Alprazolarn $150.00 $100.00 $225.00 $225.00 11 Amantadine $120.00 $120.00 upon request $230.00 12 Arniodarone & Metabolites $350.00 upon request upon request upon request 13 Amitriptyline $100.00 $100.00 $225.00 $225.00 14 Amoxapine $215.00 $215.00 upon request upon request 15 Amphetamine $100.00 $100.00 $225.00 $225.00 16 Arnphoteracin -B upon request upon request upon request upon request 17 Atropine $500.00 $500.00 upon request upon request 18 Barbiturates $175.00 $175.00 $285.00 $285.00 19 Barbituric Acid upon request upon request upon request upon request 20 Benzodiazepines Panel $175.00 $175.00 $285.00 $285.00 21 Benzoic Acid upon request upon request upon request upon request 22 Benzoylecgonme $150.00 $100.00 $225.00 $225.00 23 Benztopine $1 15.00 $115.00 $225.00 upon request 24 Brompheniramitie $180.00 $180.00 upon request upon request 25 Bupivicaine $100.00 $100.00 upon request $210.00 26 Buspirone, (Buspar) $ 1 10.00 $110,00 upon request upon request 27 Butalbital $125.00 $100.00 $225.00 $225.00 28 Caffeine $130.00 $130.00 upon request $240.00 29 Carbatnazepine $100.00 $100.00 $225.00 $225.00 30 Carbon Monoxide $100.00 upon request $400.00 upon request 31 Carboxyhemoglobin see carbon monoxide upon request upon request upon request 32 Carisoprodol $100.00 $100.00 $225.00 $225.00 Exhibit B Page 13 of 19 iNlaster Contract No. 901632 Procurement Contract No. 17465 Item 33 34 Description Chloramphenicol Chlorazepate Year I - 3 Mood upon request upon request Urine upon request upon request Tissue upon request upon request Liquid upon request upon request 35 Chlorothiazide $165.00 upon request upon request upon request 36 Chlorpheni ram itic $145.00 $145.00 upon request upon request 37 Chlorprocaine� upon request upon request upon request upon request 38 Chlorpromazine $100.00 $100,00 $210.00 $210.00 39 Chlorpropamide upon request upon request upon request upon request 40 Chlorprothixene upon request upon request upon request upon request 41 Chlorzoxazone $500.00 $500.00 _ upon request upon request z42 Cimetidine $150.00 $150.00 upon request upon request ' 43 Clindamycin upon request upon request upon request upon request 44 Clominpranime $120.00 $120.00 $230.00 upon request 45 Clonazepam (Clonopin) $100.00 $100.00 $225.00 $225.00 46 Clonidine $200.00 $200.00 upon request upon request 47 Cocaine $100.00 $100.00 $225.00 $225.00 48 Codeine $100.00 $100.00 $225.00 $225.00 49 Cortisone upon request $100.00 upon request upon request 50 Cotinine $150.00 $150.00 $260.00 $260.00 51 Cyanide $100.00 upon request upon request upon request 52 Cyclobenzaprine $100.00 $100.00 $225.00 $225.00 53 Dal mane (flUrazepam) see DAF upon request upon request upon request S4 (Dssail)ylflurazepam $100.00 $100.00 $225.00 $225.00 55 Desatkylnorpace upon request upon request upon request upon request 56 Desethylamiodarone upon request upon request upon request upon request 57 Desipramine $100.00 $100,00 $225.00 $225.00 58 Des methyldoxepin upon request upon request upon request _ upon request 59 Desmethylmetsuximide upon request upon request upon request upon request 60 Dextromethorphan $100.00 $100.00 $225.00 $225.00 61 Diazepam $100.00 $100.00 $225,00 $225.00 62 Dicyclomine $250.00 $250.00 upon request upon request 63 Diethylpropion $150.00 $150.00 upon request upon request 64 Diphenhydramine $100,00 $100.00 $225,00 $225.00 65 Doxepin $100.00 $100,00 $225,00 $225.00 66 Doxylamine $100.00 $100.00 $225.00 _$225.00 67 Dyphiiline $300.00 $300.00 upon request upon request 68 Ephedrine $100.00 $100.00 $225.00 _ _ $225.00 69 Erythromycin upon request upon request upon request upon request 70 ETBA (Ethylenglycol- Mono -tent -butyl ether acetate) upon request upon request upon request upon request Exhibit B Page 14 of 19 Master Contract No. 901632 Procurement Contract No, 17465 Item 71 Description Ethinamate Year l -3 ' Blood $100.00 Urine upon request Tissue upon request Liquid upon request 72 Ethosuximide $100.00 $100.00 upon request upon request 73 Ethotoin $27S.00 upon request upon request upon request 74 Ethylene Glycol $250.00 $250.00 $360.00 $360.00 75 Fenoprofen upon request upon request upon request upon request 76 Fentanyl and its analogs (norfentanyl, carfentanil, etc $160.00 $160.00 upon request upon request 77 Flunitrazepam (Rohypnol) $100.00 $100.00 $225.00 $225.00 78 Fluoxetine (Prozac) $100.00 $100.00 $225.00 $225.00 79 Fluphenazine upon request upon request upon request upon request 80 Flurocytosine upon request upon request upon request upon request 81 Gabapentin $100.00 $100.00 upon request $225.00 82 Gentarnicin upon request upon request upon request upon request 83 GH13 (acid) $225.00 $225.00 $335.00 $335.00 84 1 Halazepam upon request upon request upon request upon request 85 Halcion (see triazolam) $100.00 upon request $250.00 upon request 86 Haldol (see haloperidol) upon request upon request upon request upon request 84 Haloperidol upon request upon request upon request upon request 88 Heavy Metals upon request upon request upon request upon request 89 Hepatitis upon request upon request upon request upon request 90 Heroin (contraband only) $165.00 $165.00 $275.00 $275.00 91 Flexobarbital upon request upon request upon request upon request 92 HIV -1 Antibody, Confirm upon request upon request upon request upon request 93 HIV -1 Antibody, Screen upon request upon request upon request upon request 94 Hydrochlorthiazide $175.00 $175.00 upon request upon request 95 Hydrocodone $100.00^ $100.00 $250.00 $250.00 96 Hydromorphone $100.00 $100.00 $250.00 $250.00 97 Hydroxyzine $100.00 $100.00 upon request $210.00 98 Ibuprofen $100.00 $100.00 upon request $210.00 99 Imipramine $100.00 $100.00 $225.00 $225.00 100 Indomethacin $125.00 $125,00 upon request upon request 101 Insulin Level upon request upon request upon request upon request 102 Isopropyl Alcohol $165.00 $165,00 $275.00 $275.00 103 Ketamine $100.00 $100.00, $250.00 $250.00 104 Ketones, Vitreous $250.00 $250.00 upon request $308.00 105 Lamotrigine $100.00 $100.00 $225.00 $225.00 106 Librium ee chloridS epoxide upon request upon request upon request lxhibit 13 Page 15 of 19 Master Contract No. 901632 Procurement Contract No. 17465 He") Description Year 1 - 3 Blood Urine Tissue Liquid 107 Liciocaine $135.00 $135.00 $245.00 $245,00 108 Lithium $100.00 $100.00 $225.00 $225.00 109 Lorazepam $100.00 $100.00 $250.00 $250.00 110 Loxapine $300.00 upon request upon request upon request I I I LSD $300.00 $300.00 upon request upon request 112 Maprotiline $300.00 $300.00 upon request upon request 113 Meclizine $175.00 _ upon request upon request upon request 114 Meperidine $165.00 $165.00 upon request upon request 115 Mepivicaine $145.00 upon request upon request upon request 116 Meprobamate $100.00 $100.00 $225.00 $225.00 117 Mesantoin upon request upon request upon request upon request 118 Mesoridazine upon request upon request upon request upon request 119 Metamphetamine $165.00 $165.00 upon request $275.00 120 Metapyriline upon request upon request upon request upon request 121 Methadone $100.00 $100.00 $225.00 $225.00 122 Methaqualone $240.00 $2,10.00 upon request upon request 123 Methocarbamol $130.00 upon request upon request $240.00 124 Methotrexate upon request upon request upon request upon request 125 Metilsuximide $100.00 upon request upon request $225.00 126 Methylclonopin upon request upon request upon request upon request 127 Methylcytosine upon request upon request upon request upon request 128 Methylphenidate $100.00 $100.00 $225.00 $225.00 129 Methyprylon upon request upon request upon request upon request 130 Metoclopramide $500.00 $500.00 upon request upon request 131 Metoprolol $125.00 $125.00 upon request $235.00_ 132 Metronidazole $300.00 upon request upon request upon request 133 Monoacety I morphi tie see morphine upon request upon request upon request 134 Morphine $125.00 $100.00 $22_5.00 $225.00_ 135 Nabumetone (Relafen) $175.00 $175.00 upon request upon request 136 Nalorphine upon request upon request upon request upon request 137 NAPA upon request upon request upon request upon request 138 Naproxen $100.00 $100.00 upon request $210.00 139 Nicotine _ $100.00 $100.00 $275.00 $275.00 140 Nifedipine $250.00 _ upon request upon request upon request 141 Nirvanol upon request upon request upon request upon request 142 Nitrazepa►n $375.00 $375.00 upon request upon request 143 Nordiazepam $100.00 $100.00 $225.00 $225.00 144 Nordexipin upon request upon request upon request upon request 145 Norfluoxetine upon request upon request upon request upon request Exhibit 13 Page 16 of 19 Master Contract No. 901632 Procurement Contract No. 17465 hell) 146 Description Norpace Year 1 - 3 Blood upon request II ►•i ►le upon request Tissue upon request Liquid upon request 1,17 Norpropoxyphene upon request upon request upon request upon request 148 Norsertaline I upon request gnnn remie.0 nnnn rennect nnnn rvnuact Exhibit B Page 17 of 19 149 Nortriptyline $100.00 $100.00 $225.00 $225.00 150 Orphenadrine $175.00 $175.00 upon request upon request 151 Oxaprozin (Daypr•o) $400.00 upon request upon request upon request 152 Oxazepam $100.00 $100.00 $225.00 $225.00 153 Oxycodone $100.00 $100.00 $225.00 $225.00 154 Oxyphenbutazone upon request upon request upon request upon request 155 Papaverine $275.00 upon request upon request upon request 156 Paroxetine (Paxil) $100.00 $100.00 $225.00 $225.00 157 Pemoline $100.00 uponxequest upon request upon request 1'58 Pentazocine $100.00 $100.00 upon request upon request 159 Perphenazine $150.00 upon request upon request upon request 160 Phenazopyridine $150.00 $150.00 upon request upon request 161 Pheniramine $200.00 upon request upon request upon request 162 Phenobarbital $100.00 $100.00 upon request upon request 163 Phenol $145.00 $145.00 upon request upon request 164 Phensuximide $225.00 $225.00 upon request upon request 165 Phentermine $100.00 $100.00 $225.00 $225.00 166 Phenylbutazone $500.00 $500.00 upon request upon request 167 Phenylprine upon request upon request upon request upon request 168 Phenylpropanolamine $140.00 $140.00 upon request upon request 169 Phenytoin $100.00 upon request $225.00 $225.00 170 Piperacetazine upon request upon request upon request upon request 171 Prazepam upon request upon request upon request upon request 172 Prednisone upon request upon request upon request upon request 173 Procainamide $500.00 upon request upon request upon request 174 Prochloperazipe $100.00 upon request upon request upon request 174 Prociane upon request upon request upon request upon request 175 Promazine $200.00 $200.00 upon request upon request 176 Promethazine $125.00 $125.00 $300.00 upon request 177 Propanolol upon request upon request upon request upon request 178 Propoxyphene upon request upon request upon request upon request 179 Propranolol, (Inderol) $100.00 $100.00 $300.00 $225.00 180 Prozac see Fluoxetine see Fluoxetine see Fluoxetine see Fluoxetine 181 Pseudoepliedrine $100.00 $100.00 $225.00 $225.00 182 Pyrilanime $175.00 $175.00 upon request upon request 183 Qunidine $ 400.00 upon request upon request upon request 184 Qunine $100.00 $100.00 upon request upon request Exhibit B Page 17 of 19 Allister Contract No. 991632 Procwernent Conti -act No. 17465 Exhibit B Page 18 of 19 Item 185 Description Ranitidine Year1 -3 Blood $500.00 Urine $500.00 T155Ue upon request Liquid upon request 186 Rif "antpin upon request upon request upon request upon request 187 Ristocetin upon request upon request upon request upon request 188 Ritalin _. see Methylphenidate see Methylphenidat e see Methylphenidat e see Methylphenidat e 189 Itophynol see F Iunitrazepam see Flunitrazepam see rit►nitrazepaIII_ see F1unit rate pain 190 Salicylates $200.00 $200.00 upon request $310.00 191 Scopolamine $500.00 $500.00 upon request upon request 192 Sertraline $100.00 $100.00 $225.00 $225.00 193 STA'T Fee $100.00 y^ $ }00.00 $100.00 $225.00 194 Strychnine $150.00 $150.00 upon request upon request 195 Sulfadiazide upon request upon request upon request upon request 196 Sulfamelhoxazole upon request upon request upon request upon request 197 SLIMSOXaZOIe upon request upon request upon request upon request 198 f egretot see carharnazepine upon request upon request upon request 199 Tentazeparn $100,00 $100.00 $225.00 $22'egU 200 Tetracaine upon request upon request upon request upon requ est 201 Theobrontine Theophylline Tltioridazine Thiothixine $140.00 $140.00 upon request upon request 202 $100.00 $100.00 upon request upon request 203 $150.00 $150.00 upon request upon request 204 $100.00 $100.00 ®^ upon request upon request 205 T'aeainide Tolbutamide upon request upon request upon request upon request upon request upon request upon request upon request Tolntctin 1'razoclone 'Triantterene Triethylperazine Trifluoprontazine $300.00 upon request - upon request upon request $100.00 $100.00 $225.00 _ $225.00 $500.00 upon request upon request upon request I upon request $ 450.00 upon request upon request upon request upon request upon request upon request $150.00 $200.00 $150.00 upon request upon request upon request upon request upon request 213 Trihexyphenidyl Trimethobenzainide Trirnethoprim Trimiprainine Tripelennamine Tybamate Valproic Acid Vaneomycin Verapamil Vitreous Panel 214 215 216 $150.00 $175.00 $120.00 upon request $120.00 upon request $175.00 $150.00 $175.00 $120.00 upon request $120.00 upon request $175.00 upon request upon request upon request upon request $325.00 upon request $325.00 upon request upon request upon request upon request $230.00 upon request $285.00 217 218 219 220 N/A N/A N/A See on tab A -1 221 Exhibit B Page 18 of 19 Master Contract No. 901632 Procurement Contract No. 17465 Item Description (Electrolytes) Year Year 1 - 3 Blood Mine Liquid 222 Volatiles Panel $225.00 $225.00 $335.00 upon request 223 warfarin $100.00 upon request upon request upon request 2241 Xanax see Alprazolam see Alprazolam see Alprazolam see Alprazolam 225 Zantac see Ranitidine see Ranitidine upon request upon request 226 Synthetic Cannabinoids $160.00 $160.00 N/A N/A 5, Invoices will be reviewed for approval by the ACSO. 6. Total payment under the terms of this Agreement will not exceed the total amount of Seven Hundred Thousand dollars ($700,000). This cost includes all taxes and all other charges, Exhibit B Page 19 of 19 Nhstcr Contract No. 901632 Procurement Contract No, 17,465 111AMBIT C INSURANCE REQUIREMENTS EXHIBIT C COUNJY Of AIAMEDA MINIMUM INSURANCL HIQUIRFMENTS voliwt brliong arty Otto wgl'on of Hat ity w4a this Agrecsrrenl, 11!0 C<ytlra_ta. al its Ala crst shat st-N-V o aril kl-4In krw dying Ito ertae team of If* Agneom nt or loroy, as may to speoErd totau Ina loan+ mmalu i itrtrarieo Caveraga, gaup err] "sernerits The County reserve; the right to madly Iha�.o requsernorts, in=ducing Fruits, based cii the nature of the risk, Aria eyperienco, Insurer, coverage, or other special circtanslances If Par cordiada maulains broadia crtvetago andkr hour fiats Inan the rrlmnu is strrrnt t tax. the Candy O"li as anti shy t Q ed ytd to the Lraadx oa-,O sga findty the h #gher tints mail erect try Inc Contra ttr A Comntnrdal General Liability $I,W),WWoowierae(CSL) Premises Liabiilty, Products and Completed Operafiats. Controdual Gaily hjury, end Property Damage _ Ilar al , Pesonal lqffand Art.erlising LiLbjkt R Commercial or Business Automobile liability — SI AA),0C0 pv ocouirarce (CSL) All obtieb valudes, hired or leased veWdes, non -awned barod«axt and Any Auto or H :md anti Non,OWj0d Auios prermissive uses Persand Autam e trab4ry wfien axis In ctxar Bodty irjuty MI Property Damage your business is aoeo(Aablo fa indviduN contracrors with no tionspoitalon of hauh (staledactiLites. — C Workers' Compousalion (WC) and Employers Liability (EL) WC Slalu!o y Limits As iorfulied 14 Slate of Caliiatva EL No k,s than $1,000 OW pax acalent la bCM/ ln4vi or dseaso D TJ ntlorseinonfs I ADDITIONAL. INSURED: County of Alameda, its Board of Supervisors, the hrotvt<bial noanbois Hereof, and al County oAGtmS. agonis, amorrilees, vdunleers, and rep tesentsfives are to be covered as addl oral insureds on the CGL pat ey wilt reslAid to babuty arising out of yak or opuabons performed by or on whail of the Contractor Including matiyials, parts• Of 00I) more tumislfed in onnneotion w!th such vmk a opelations, General liability mveiage can b'8 proaitfed in the form of an endorsement to the Confrador'a insaance (at leas) or broad as 150 Fain CG 20 10 1165 or if not aradane. through the adiilion of both CG 20 10, CG 20 26, CG 20 33. or CG 20 38, and CG 20 37 if a faler edS an is used) Auto mercy shal contain, or be emlcysad to contain iii dhaual ui>uted coverage for the County 2 DURATION OF COVERAGE: All rcgglrcd insutara shat bo maint3m0d during the enfro term of the Agreement In ad6bon Insurance policies acrd covaappa(s) wadlen on a dams•made bass shah bo mainla>neti and Evidence of inswence must be provided during the ant fir term of the Agreement and for at least five (5) years tdlowtng the later of termonafon d the Agnailmont and acceptance at 0 work praidod undot the Agrcmnenl vAh the rotroactlyn d3'.o of said insurance (as may be applicable) concunerd vwlh the cummencamenl of act,wt es pursu"d to Itus Agtoananl it ca•erage is tancsled of non renevved, and rot replaced vtth another cla ms -made pot :cy tam with a RevaacUve Date prig to the cW act effective data, 1110 Contractor must pwchase'oxionded rworting' carorago for a minimum of five (5) yeas attar compvobon d work Prool of WUWS' convrisabon instance coverage is not netted d convada VWrn des a sgnad Woik�is Camp.'ensatmn Written Declaration of Camirance 3 REDUCTION OR LIMIT OF OBLIGATION: Ali Inswanwpdi00s, inducing access amurnbro .a Insurance WcCiO5, shall bo pxmary, and non cnrtidxtay eorarrgo at least as broad a; ISO CG 20 '1) N 13 3, inspects ilia Go", its dl s. urfichy , 0rtlnoyett, a vdunlaers Any Insurance or sell Insurance maintamed by the County, Its OMMa offiads, emplayaes, a volunteers shall be excess (A the Convector insurance and shall not wwnbute vein it Pursuanl to the provisions or this Appetnor l insurance offcd0d a pit )cwW try the Contrarily shall milt redl„ce of bml Convada"s contractual obhor fat to Indemnify and defend the indemnified Pantos d INSURER FINANCIAL RATING: Insurance shall be mamlained lough anmsurto wlh an A M Tiazt Rating at no less that' AMI or oquivolent shal be adtalled to the Stale d California unEoss 001"sd at*.eptablo by Risk PAanaganenl and lvlh deduciiWo amounts aceeptat #o to the County AortlAanco U Con!racta s huu aruo try County sn rI not reapvo or ie x0aso Ina liability of Contractor htreurdy SrAMnsuled rtledons must be dedared and arlraved Any deductible or self- iMured retention amount Of othct stmitar digalont under the pcfido shall to tho site Iasp imps buy d IN Contractor. The pcxicy tanguago s4,,41 provide a tm endusod to p rWde• Ihal 1410 shit �nsuied ra'.erdmn mry ba sJW arJ by ether Iris named hisuicyl to County 6, SUDCONTRACTORS: Conuacta shall include ed sub antradas as on iasufod (coviucd p> it undr it' , fxr:aos u shall Willy that Ina su 104111 ter, under its own paid r9 and er°lorsoronls. has comp! ad w+fh Ina Insu ante requirements ht this Agieemo il, mcfiml N Ibis Exhbt 6 JOINT VENTURES: if Carvacta rs an asso0at0n, parintysh :p a other font business venture regdreitnsutancn shal bo pvovtr#d by one of the faloWnig methods Separate insurance Policies issued fa eachniividual tinily, With each and ly included as a'NaTnd tnsugd (canned party), ci at min;mtm nartidd as an'Atkikoval Insured' on the other's pd� le Coverage shat W al tease as b oat as in the ISO Fount; named 0bova Joint insurance p>tu nWthfileassociaton,par tiler shjpatoher) curdbusi nessventureinductedaso 'Nattedhisured' 7 CANCELLATION OF INSURANCE: Each Inswarro pd4cy taVlod above shat provide that Malaga shall not be canrdled exceilf will nofcs d taric+et?abon prodclud to the County in attCrdan9" With p ol"y lams aiid curvdions 8 CERiIFICAIE Of INSURANCE Before canmenong operations under Irks Agreement, Contractor shall p iorWo Cwbficalo(s) of Insurance and aplvicade insurance arxicysements as set forth in the p cNisuons of tlas Ag+eemi it and this Exhibit C, In ferns SaisfaciayltiCnunty evitemdngitrat irequredinsuiarrcewiteageIsinelfect Hcrosipr .ralurelo obtain lherecptared documenls prior to Iho M#, bV nning shall not wtivo tho Contada's atvigobvn to provido them The County reserver the right to roquao lha Caniada to ptarida carr�veta, c6blied ttx+.es of al raytrred nlztraneo ptlidas, irrJUdng erx!asorrnnls rotpubod by these spec ficabons, at oily boa — cater Ill CA Pays f aft Fctm 150i•.l pare tr..75r191 Exhibit C Page 1 of 1 Master Contract No. 901632 Procurement Contract No. 17465 EXHIBIT D COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in pail or whole Nvith federal funds and contracts over $25,000). The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor: • Is not currently under suspension, debarment, voluntary excitision, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification. Redwood Toxicology Laboratory, Inc. dba Alere Forensics at Redwood CONTRACTOR: Toxicology Laboratory PRINCIPAL: ci ndy Horton TITLE: vP, us Commercial - TOxi col ogy I SA423114U DATE: OoeuSipnadby: SIGNATURE. . 2 20 2019 / / Exhibit D Page I of 1 O O OG ti ii 19 ti fi ry Jj Fy ea i CL z v N 8 8 8 9 8 8 M p Z A go E ESE E, NP BID FORM A -3 CORONERS BUREAU AND CRIMINALISTICS LABORATORY Cost shall be submitted on Exhibit A -3 - Bid Form as is. No alterations or changes of any kind are permitted. Bid responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the County will pay for the three -year term of any contract that is a result of this bid. Pricing is for informational purposes only and will not be calculated into the bid total for purposes of evaluation. Pricing will be valid for three (3) years and will be used in the contract whenever the need arises. Note: Criminalistics Laboratory is interested only for blood and urine samples. Therapeutic and Abused Drug Screens (Normally done on blood samples, screening prices only, no confirmation) Item Description Cost Per Test 1 Acepromazine $ 220.00 2 Acetaldehyde $ 100.00 3 Acetaminophen $ 160.00 4 Acetohexamide upon request 5 Alfentanil $ 190.00 6 Allobarbital $ 100.00 7 Aiphaprodine $ 500.00 8 Alphenol upon request 9 Alprazolam $ 100.00 10 Amantadine $ 100.00 11 Aminophylline upon request 12 Amitriptyline and Nortriptyline $ 100.00 13 Amobarbital $ 100.00 14 Amoxapine and Metabolite $ 160.00 is Amphetamine $ 100.00 16 Aprinidine upon request 17 Aprobarbitai $ 500.00 18 Atropine $ 250.00 19 Azatadine upon request 20 Barbltal $ 160.00 21 Benzocaine $ 500.00 22 Benzphetamine $ 175.00 23 Benztropine $ 120.00 24 Biperdin $ 500.00 25 Bompheniramine and Metabolite $ 100.00 26 Bromdi henhydramine $ 100.00 27 Bromocriptine $ 500.00 28 Bupivacaine $ 100.00 29 Bus crone $ 100.00 30 Butabarbital $ 100.00 31 Butalbital $ 00.00 32 Butorphanol 4 $ 400.00 33 Caffeine $ 100.00 34 Cannabinoid $ 100.00 35 Cannabinoids (Forensic) $ 100.00 36 Carbamazepine . $ 100.00 37 Carbinoxamine $ 125.00 38 Carbromol $ 300.00 39 Cathine $ 300.00 40 Chlordiaze oxide $ 100.00 41 Chlorpheniramine $ 100.00 42 Chlorphentermine $ 160.00 43 Chlorpromazine $ 160.00 44 Chlorproparnide $ 190.00 45 Clobazam $ 190.00 46 Clomipramine & Metabolite $ 190.00 47 Clonazepam & Metabolite $ 100.00 48 Ciozapine & Metabolite $ 160.00 49 Cocaethylene $ 100.00 50 Cocaine $ 100.00 51 Codeine $ 100.00 52 Cotinine $ 100.00 53 Cyclizine $ 200.00 54 Cyclobenzaprine $ 100.00 55 Cyproheptadine $ 200.00 56 Desipramine $ 100.00 57 Desmethyldoxepin $ 100.00 58 Dextromethorphan $ 100.00 59 Diazepam & Nordiazepam $ 100.00 60 Dicyclomine $ 125.00 61 Diethylpropion $ 125.00 62 Dihydrocodeine $ 100.00 63 Diitiazem + Metabolite $ 160.00 64 Dimethyitryptamine $ 225.00 65 Diphenhydramine $ 100.00 66 Diphenoxylate $ 200.00 67 Disopyramide $ 160.00 68 Doxepin $ 100.00 69 Doxylamine $ 100.00 70 EDDP (decomp product) upon request 71 EDMP (decomp product) upon request 72 Encainide $ 500.00 73 Ephedrine $ 100.00 74 Ethinamate $ 90.00 75 Ethotoin $ 300.00 76 Ethylecgonine $ 100.00 77 Fenfluramine $ 225.00 78 Fentanyl and its analogs (norfentanyl, carfentanii, etc) $ 225.00 79 Flecainide $ 160.00 80 Flunitrazepam & Metabolite $ 100.00 81 Fluoxetine & Metabolite $ 100.00 82 Fluphenazine $ 125.00 83 Flurazepam $ 100.00 84 Glutethimide $ 125.00 85 Halazepam $ 160.00 86 Haidol $ 100.00 87 Hexobarbital $ 500.00 88 Hydrocodone $ 100.00 89 Hydroxyzine $ 100.00 90 Ibuprofen $ 100.00 91 Iminostilbene $ 100.00 92 Imlpramine $ 100.00 93 Ketamine & Norketamine $ 100.00 94 Ketazolarn. $ 500.00 95 Lamotrigine $ 100.00 96 Levorphanol $ 160.00 97 Lidocaine & MEGX $ 160.00 $ 100.00 98 Lorazepam 99 Loxapine $ 300.00 100 LSD (Qualitatively only) $ 90.00 101 Maprotiline $ 300.00 102 Mazindoi $ 500.00 103 MDA 104 MDEA ? lUU.UU 105 MDMA upon request $ 100.00 106 Meclizine $ 100.00 107 Meperidine and Normeperidine $ 150100 108 Mephentermine 109 Mephenytoin upon request $ 500.00 110 Me ivacaine 111 Meprobamate $ 140.00 112 Mescaline $ 190.00 $ 140.00 113 Mesoridazine $ 90.00 114 Methadone 115 Methamphetamine $ 100.00 116 Methapyrilene $ 100.00 117 Methaqualone upon request uest 118 Metharbital $ 119 Methdilazine $ 100.00 120 Methohexital upon request Methorphan $ 500.00 500. Methotrimeprazine upon F12 Methsuxamide & normethsuxamide $ MethylPeannine $ 160.00 Methylphenidate $ 160.00 Methyprylon 100.00 127 Metoproloi upon request uest 128 Mexilitine $ 129 Mianserin $ 500.00 130 Midazolam $ 160.00 131 Mirtazapine $ 160.00 132 Molindone $ 100.00 133 Morphine $ 350.00 134 Nomefensine $ 100.00 135 Normethimide upon request 136 Nylidrin (E3uphenine) upon request 137 Olanzapine upon request 138 Orphenadrine $ 160.00 139 Oxazepam $ 190.00 140 Oxycodone $ 100.00 141 Papaverine $ 100.00 142 Paroxetine $ 125.00 143 Pemoline $ 100.00 144 Pentazocalne $ 100.00 145 ntob Pearbital $ 500.00 146 Pentylenetetrazole $ 100,00 147 Perphenazine $ 100.00 148 Phenacetin $ 140.00 149 Phencyclidine $ 100.00 150 Phendimetrazlne $ 100.00 151 Phenirarnine $ 500.00 152 Ph ob enarbital & PEMA $ 1 60.00 153 Phensuximide $ 160.00 154 Phentermine $ 100.00 155 Phenylpropanolamine $ 100.00 156 Phenytoin $ 140.00 157 Placidyl $ 100.00 158 Pocainamide & NAPA upon request 159 Praiepam $ 550.00 160 Prilocaine $ 500.00 161 Primidone $ 350.00 162 Procainarnide $ 100.00 $ 500.00 163 Procaine $ 500.00 164 Prochiorperazine $ 100.00 165 Procyclidine $ 125.00 1GG Promazine $ 175.00 167 Promethazine $ 100.00 168 Propane $ 300.00 169 Propanol $ 160.00 170 Propoxyphene & norpropoxyphene $ 160.00 171 Propylhexadrine $ 500.00 172 Protriptyline $ iG0.00 173 Pseudoephedrine $ 160.00 174 Pyrilamine $ 140.00 175 Quinidine $ 400.00 176 Quinine $ 125.00 177 Salicylates $ 160.00 178 Scopolamine $ 160.00 179 Secobarbital $ 100.00 180 Sertraline & Oesmethyylsertraline $ 100.00 181 Strychnine $ 150.00 182 Sufentanil $ 190.00 183 Talbutai $ 200.00 184 Tamoxifen $ 575.00 185 Temazepam $ 100.00 186 Tetracaine $ 500.00 187 THC $ 100.00 188 Theobromine $ 140.00 189 Theophylline $ 100.00 190 Thiamylal $ 500.00 191 Thiethylperazine upon request 192 Thiopental $ 500.00 193 Thioridazine $ 500.00 194 Thiothixene $ 140.00 195 Ticiopidine $ 140.00 196 Tiletamine $ 425.00 197 Tocainide $ 500.00 198 Tramadol and Metabolite $ 500.00 199 Tranylcypromine $ 500.00 200 Trazodone $ 100.00 201 Triazolam $ 100.00 202 Trichloroethane upon request 203 Trichloroethanol $ 300.00 204 1 Trifluoperazine $ 160.00 205 Triflupromazine $ 420.00 206 Trihexyphenidyl $ 160.00 207 Trimethoprim $ 140.00 208 Trimlpramine & Oesmethyitrimipramine $ 155.00 209 1 Triprolidine $ 140.00 210 Venlafaxine & Metabolite $ 100.00 211 Verapamii $ 160.00 212 Zolazepam $ 225.00 213 Zolpidem $ 100.00 • I I C) O Ln C) Cl 0 CD o VI LD w =1 w n w z W :3 W M 0 :3 to N 0 m aj :3 Ln N ai :3 to r1l (u :) d) Ln co or u cr E c: Cr cr a cy N rq cr N r1l rr :3 cr rq cr U 2 2 2 0 aj C: T 2 42 a! 2 T T 2 O C c c c c c a a c c c c 0 0 0 0 0 0 0 0 0 0 0 0 a CL CL CL 0. 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W ;� CL a a a a a a z E 2' Ln V) Ln V Ln Ln V1 N FT FT f- t- 1- H F H H F i- F- h Ft Ln LD 11 00 (n O 14 N m ci' Ln (D h 00 a) O H N m V Ln h 00 Q1 O r-1 N m V Ln LD f� 00 U1 O �-1 N m � 11 w� H H� 00 0H0 00 m Mi Mi m MH MH O O 0 00 O ON H 1-1 m m H m N N N N N N N Forensics Mow Io.emk, at Redwood 7.A1.! gy tahnrat.1y 3650 Westwind Ooulevard Mnla Rma, CA VA01 Phone: 866581 OH87 Fax: 701676 -0239 Additional Forensic Toxicology Services Menu and Price List Per the Q &A, Alameda County welcomes vendors to suggest additional panels. The following are some of our most commonly- requested panels. Alere Forensics at RTL is willing to negotiate these over the course of the contract if they are utilized with relative frequency. Items Administrative Opinion Letter $150.00 Drug Fad Sheet No charile Courler /Specimen Pickup No char e In -Court Testimony (half -day rate) $800.00 Litigation Packet, no drug confirmations $70.00 Litigation Packet, drug confirmations $100.00