Attachment_A_-_Draft_Contract.pdf

CONTRACT BETWEEN

BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

AND

_______________________ FOR

HISTOLOGY SERVICES

THIS CONTRACT (hereinaŌer "Contract"), entered into as of ______________________, 2026, by and between the Brevard County Board of County Commissioners, a poliƟcal subdivision of the State of Florida ("County"), and ______________________(“Contractor”), located at __________________________.

WHEREAS, County, in support of the operaƟons of the District Eighteen Medical

Examiner's Office ("Medical Examiner"), per SecƟon 406.11, Florida Statutes, is in need of histological services; and

WHEREAS, the County adverƟsed a compeƟƟve Request for QualificaƟons No.

RFQ-7-26-07 on _____________________ to select a qualified, licensed, and experienced professional to provide histological services; and

WHEREAS, the Contractor operates a laboratory staffed by qualified physicians and technicians who are available to provide histological services; and

WHEREAS, the Contractor desires to provide histological services to the County as set forth herein.

NOW, THEREFORE, in consideraƟon of the terms and covenants hereinaŌer set forth, and the mutual benefits each unto the other flowing, the parƟes heretofore named hereby agree as follows:

l. SCOPE OF WORK

Upon the County's request, the Contractor shall provide histological examinaƟon and analysis of postmortem biological specimens submiƩed by the County through FedEx with a completed submission form and chain of custody receipts. Contractors shall be available to the County for consultaƟon and discussion of histology examinaƟons from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding County holidays.

ll. RESPONSIBILITIES OF THE CONTRACTOR

SecƟon 2.01 Histology Services. The Contractor shall make available to County, at the

Contractor’s forensic laboratory located at ______________________________, the services of certain professionals and technicians (hereinaŌer collecƟvely referred to as "

Professionals") who are appropriately qualified, licensed and experienced to provide histological services. Upon County's request, the Contractor shall provide histological examinaƟon and analysis of postmortem biological specimens submiƩed by County in accordance with SecƟons 2.01 – 2.07.

Except as set forth herein, the Contractor’s professionals shall be available to the County for consultaƟon or discussion of histological examinaƟons and results from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

When necessary, make available a courier, a record clerk, and appropriate professionals for deposiƟon and/or court appearances relaƟng to services provided.

SecƟon 2.02 Histology Services Required.

(a) Tissue. Provide a saƟsfactory individual embedding, cuƫng, and staining of each porƟon of Ɵssue received, including rouƟne hematoxylin and eosin stain;

overslipping; labeling of each slide with a case number provided by the County.

(b) Stains. Provide onsite saƟsfactory rouƟne stains when requested (within a maximum two working days turnaround Ɵme unless otherwise stated), including special stains for acid-fast bacilli and fungi (both Gomori's methenamine silver and periodic-acid

Schiff), Ɵssue Gram stain, Wright-Giemsa stain, reƟculum stain, Masson's trichome stain, frozen secƟon oil-red-O, etc., with accompanying control slide(s).

(c) Delivery. Deliver, by courier, labeled stained slides in slide folders to the Medical Examiner's Office when completed.

(d) Storage. Provide storage space for paraffin blocks at an appropriate temperature for a maximum of three months (permanent storage to be provided by the Medical

Examiner).

(e) Accession Records. Maintain accession records, including case number, date received, name of Medical Examiner, date completed, and date delivered.

(f) Charge ConfirmaƟon. Maintain records of the number of blocks per case, special stains, etc., for confirmaƟon (audiƟng) of invoicing of charges to the County.

(g) Security. Provide security for Ɵssues, slides, and blocks while in the Contractor’s possession and provide properly executed chain of custody forms.

(h) Court Appearances. When necessary, make available a courier, a records clerk, a histology technician, and a supervising pathologist for deposiƟon and/or court appearances relaƟng to services provided.

(i) Formalin. Buffered formalin is to be provided by the Contractor in sufficient quanƟty to accommodate the workload.

SecƟon 2.03 Analysis. The Contractor’ s histological examinaƟon of the County submiƩed specimens shall be subject to the following requirements:

(a) Specimen Analysis. Provide histological evaluaƟon of specimens on cases requested by the County.

(b) AnalyƟcal Requirements. Ensure that adequate sample preparaƟon is used in tesƟng. Upon request of the County, the Contractor shall provide the County with a copy of the applicable analyƟcal procedure manual used in the operaƟon of histological services as provided under this Contract.

(c) Results. The Contractor shall ensure that coronary arteries are cut to reveal a complete secƟon of the artery and that staining of Ɵssues is uniform throughout the enƟre secƟon.

SecƟon 2.04 Other ResponsibiliƟes of the Contractor.

(a) Specimen Containers.

(i) Provide specimen kits for use by the County in the collecƟon, preservaƟon, and transportaƟon of specimens to be analyzed by the Contractor pursuant to this Contract.

(ii) Ensure that each kit includes four (4) gray-stoppered ("vacutainer") tubes and the necessary supplies to secure and ship the specimens in a manner appropriate for forensic tesƟng.

(iii) All specimen containers provided shall be of suitable quality, as approved by the County.

(iv) The County shall provide the Ɵssues to the Contractor, in casseƩes, in formalin.

The Contractor shall decalcify Ɵssues that require decalcificaƟon.

(b) Chain of Custody.

(i) Provide histology submission forms in a format mutually acceptable to the parƟes.

(ii) Ensure that all forms provided by the Contractor contain a chain of custody receipt to ensure the integrity of the specimen and test results.

(iii) Maintain records of specimen handling and disposiƟons within the Lab in order to sufficiently track the chain of custody of specimens to ensure the integrity of the specimen and test results while in the custody of the Contractor

(c) Quality Control.

(i) Ensure that appropriate quality control procedures are followed for records generated pursuant to this Contract.

(ii) Review any other informaƟon forms that the County deems necessary and correlate it with the histology submission forms.

(iii) ConsultaƟons will be provided upon request of the County.

(iv) Maintain quality control data and analyƟcal data for a period of five (5) years from the terminaƟon of this Contract and any renewals of this Contract.

(v) Upon reasonable noƟce by the County, perform proficiency tests submiƩed by the County in order to verify the tesƟng capabiliƟes of the laboratory.

(d) DisposiƟon of Specimens.

(i) Store excess non-liquid specimens in secure frozen storage for two (2) years from the report date submiƩed by the Contractor to the County.

(ii) Upon wriƩen request by the County, individual specimens shall be retained by the Contractor for an addiƟonal specified period of Ɵme as mutually agreed to by the parƟes.

(iii) Return histology blocks and slides to the County upon compleƟon of the Contractor’s technical services.

(iv) NoƟfy the County’s Medical Examiner’s Office in wriƟng of any pending disposiƟon of specimens at least thirty calendar days before they are disposed of in order to confirm there are no objecƟons to disposing of the specimens.

SecƟon 2.05 Time Requirements for ExaminaƟon. Histological examinaƟon of all specimens provided to the Contractor by County shall begin within forty-eight (48) hours of the Contractor’s receipt of such specimen, provided, however, that "stat" tesƟng shall be performed if a "stat" test is necessary (1) to preserve the integrity of the test, (2) due to health safety concerns for first responders and/or the Medical Examiner's Office personnel, or (3) the County makes a reasonable request for tesƟng to be performed on a "stat" basis.

SecƟon 2.06 Time Requirements for Histology Reports. The Contractor shall complete all Ɵssue processing, preparaƟon of slides, histological examinaƟon, report preparaƟon, and submit its completed report within four (4) working days of its receipt of the specimen(s) unless delays are anƟcipated and the parƟes mutually agree to extend such Ɵme.

SecƟon 2.07 Reference Laboratories. In the event the Contractor is unable to provide an examinaƟon for any reason, the Contractor shall forward the specimen to a mutually agreeable laboratory for analysis. The Contractor shall be reimbursed by the County for costs and fees associated with referring a specimen to a reference laboratory. The Contractor shall provide the County with a fee schedule for the said reference laboratories.

SecƟon 2.08 Expert TesƟmony. The Contractor shall make available, upon reasonable noƟce by County or any other third party, the Contractor’s professionals to tesƟfy, parƟcipate in deposiƟons and arbitraƟons, and provide tesƟmony in civil or criminal liƟgaƟon proceedings in support of the conclusions contained in the Contractor’s reports generated pursuant to this Contract, or as otherwise necessary. All personnel uƟlized by the Contractor in performing the services required under this Contract must have the specialized knowledge, educaƟon, training, skill or experience in order to be determined to be an expert and tesƟfy in court as an expert witness regarding analyƟcal procedures.

SecƟon 2.9 QualificaƟons. The Contractor warrants that it currently maintains/holds, and will do so throughout the term of this Contract and any renewals, the following:

(a) holds cerƟficaƟon by the State of Florida, (b)accredited by the College of American Pathologists (CAP) by both clinical tesƟng lab and the microbiology lab,

(c) parƟcipates in a proficiency tesƟng program such as that of the CAP, SecƟon 2.10 IdenƟty of Professionals. The Contractor shall provide the following:

(a) A list to the County of all professionals providing histology services hereunder.

(b) Update such list upon a personnel change in the professionals providing services to the County under this Contract and shall provide the County with reasonable noƟce of such change.

(c) Ensure that any newly assigned professional providing services hereunder shall be properly qualified to provide histology services as set forth herein.

Ill. COUNTY RESPONSIBILITIES

SecƟon 3.01 Delivery of Specimens. County shall ensure that each specimen submiƩed to the Contractor is properly packaged for the courier (or other manner of delivery as agreed to by the parƟes) with a completed submission form and chain of custody receipt.

IV. COMPENSATION

SecƟon 4.01 CompensaƟon. County shall pay the Contractor at the rates set forth on Appendix A, aƩached hereto, and incorporated herein, for services rendered by Contractor pursuant to this Contract.

SecƟon 4.02 Pricing. Any adjustments to the pricing, terms, or condiƟons will be considered, but only aŌer (12) months, and will not take effect unƟl approved by the County in wriƟng. Requests must be in wriƟng and include jusƟficaƟon with supporƟng documentaƟon for the change and must be sent directly to the Purchasing Manager for review and consideraƟon.

SecƟon 4.03 Invoicing and Payment. The Contractor shall invoice County on a monthly basis for all services provided pursuant to this Contract. Each invoice shall reference the contract number assigned to this Contract. All invoices will be reviewed and approved by the Medical Examiner's Office, indicaƟng that services have been performed in conformity with the Contract. County's payments to the Contractor shall be made pursuant to and in accordance with the Florida Prompt Payment Act on receipt of a proper invoice submiƩed to County by the Contractor for services herein described. The Contractor shall provide the County with the payee’s name and address to which payments should be forwarded.

V. TERM, TERMINATION, and AMENDMENT

SecƟon 5.01 Term. Once fully executed by both parƟes, this Contract shall be in effect for a period of five (5) years beginning _____________, 2026 and ending_____________. The Contract shall remain in full force and effect for (5)years from the EffecƟve Date, unless terminated as sƟpulated herein.

SecƟon 5.02 Amendment. The County and the Contractor agree that the terms of this Contract may be revised at any Ɵme only by formal wriƩen amendments to this Contract executed by both parƟes hereto.

SecƟon 5.03 TerminaƟon. This Contract may be canceled with or without cause by the Contractor's wriƩen noƟce to the County at least ninety (90) days prior to the intended date of terminaƟon. This Contract may be terminated by the County, with or without cause, immediately upon wriƩen noƟce to the Contractor. AŌer receipt of noƟce of terminaƟon from County, and except as otherwise directed by County, the Contractor will:

(a) Stop work on the date and to the extent specified in the County's wriƩen noƟce.

(b) Complete all work in process and transfer such completed work, and all materials related to terminated work, to the County within a reasonable period of Ɵme.

Subject to the provisions of this Contract, either party shall have the right to terminate this Contract at any Ɵme for refusal by the other party to allow public access to all documents, papers, leƩers, or other materials subject to the provisions of Chapters 119, Florida Statutes, and made or received by the other party in conjuncƟon with this Contract.

VI. LIABILITY

SecƟon 6.01 Liability ProtecƟon. Each party to this Contract agrees to be fully responsible for its acts of negligence, or its agent's acts of negligence when acƟng within the scope of employment or agency.

Nothing herein is intended to serve as a waiver of sovereign immunity by County.

Nothing herein shall be construed as consent by a state agency or poliƟcal subdivision of the State of Florida to be sued in any maƩer arising out of any contract by a party or parƟes whose legal signature is not included on this Contract. The County, a poliƟcal subdivision of the State of Florida, agrees to be responsible as set forth in SecƟon 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in claims or suits against the Contractor, and shall be liable to the limits set forth in SecƟon 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions.

Nothing herein shall be construed as consent to be sued by third parƟes in any maƩer arising out of any contract. Nothing herein shall be construed as indemnificaƟon by the County of any party whatsoever.

VII. INDEMNIFICATION AND INSURANCE REQUIREMENTS

SecƟon 7.01 IndemnificaƟon Requirements. The Contractor will indemnify and hold harmless the County from any and all liability, claims, damages, losses, expenses (including aƩorneys fees) arising out of any proceedings or cause of acƟon connected with the performance of any service, duty or obligaƟon herein set forth. The Contractor will maintain at all Ɵmes during the period of this Contract insurance policies indemnifying them for liabiliƟes arising from Errors and Omissions in the performance of their services. The parƟes hereby agree that specific consideraƟon has been paid for this hold harmless/indemnificaƟon agreement.

SecƟon 7.02 Insurance. The Contractor shall provide and maintain during the enƟre term of this Contract insurance required herein with a company or companies authorized to do business in the State of Florida and possessing A.M. Best’s Financial Strength raƟng of A- Class VIII or beƩer. The Contractor shall not commence work under the Contract unƟl County has received an acceptable cerƟficate or cerƟficates of insurance as well as applicable endorsement pages evidencing the following required insurance:

(a) General Liability Insurance: General Liability Insurance issued by responsible insurance companies and in a form acceptable to the County, with combined single limits of not less than One Million Dollars ($1,000,000) for Bodily Injury and Property Damage per occurrence).

(b) Workers' CompensaƟon Coverage: Full and complete Workers' CompensaƟon Coverage, as required by State of Florida law shall be provided.

(c) Professional Liability Insurance: Professional liability insurance, in an amount not less than One Million Dollars ($1,000,000) per claim, to cover its liabiliƟes arising from acƟviƟes performed under this Contract.

(d) Specialty insurance (medical malpracƟce, engineers, architect, consultant, environment, polluƟon, errors and omissions, etc.): as applicable, with minimum limits of Five Hundred Thousand Dollars ($500,000) and annual aggregate of One Million Dollars ($1,000,000).

The Contractor shall be responsible for ensuring subcontractors have the required insurance.

The cerƟficate holder on the COI shall be listed as:

“BREVARD COUNTY, FLORIDA”

c/o MaƩhew V. Wallace, Director

Public Safety Group

1040 South Florida Avenue

Rockledge, FL 32955

Contractors will ensure the County is named as an addiƟonal insured on all insurance policies (without added exclusions or limiƟng endorsements that would diminish the protecƟons for the County) required by the Contract; however, addiƟonal insured status is not required for professional liability, and a waiver of subrogaƟon in lieu of addiƟonal insured status is acceptable for workers' compensaƟon coverage. If the Contractor claims an exclusion of workers' compensaƟon coverage for a partner/execuƟve/officer/member on the COI, the Contractor shall provide a copy of the CerƟficate of ElecƟon to be Exempt from the Florida Division of Workers CompensaƟon. The Contractor shall ensure that each insurer for each policy provides wriƩen noƟce to the County 30 days in advance of any cancellaƟon or nonrenewal of coverage (10-day noƟce for nonpayment of premium).

The Contractor will provide endorsement pages for the addiƟonal insured status (on policies where addiƟonal insured status is required), for the advance wriƩen noƟce of terminaƟon to the County on all policies, and for the waiver of subrogaƟon with respect to the workers' compensaƟon policy as described in the previous paragraph.

All insurance must be primary as to any other valid and collecƟble insurance. Any liability coverages on a “claims made” basis should be designated as such on the cerƟficate, and the Contractor will maintain comparable coverage in force for a period of four (4) years aŌer the end of the term of this Contract or any renewal periods.

All policies shall evidence insurance wriƩen by carriers authorized to conduct business in the state of Florida and possess A.M. Best’s Financial Strength raƟng of A- Class VIII or beƩer. Renewal cerƟficates of insurance shall be provided annually unƟl all work is completed. The contractor must furnish the County with a cerƟficate of insurance evidencing the above insurance requirements before commencing work or services under the contract. Failure of County to request a cerƟficate of insurance or acceptance of a nonconforming cerƟficate does not waive the insurance requirements under this Contract.

Coverages and limits are to be considered as minimum requirements and in no way limits the liability of the Contractor.

SECTION VIII. NOTICES

8.01 NoƟces. All noƟces by either party required or permiƩed by this Contract shall be in wriƟng and delivered by registered or cerƟfied mail with the United States Postal Service, postage prepaid, return receipt requested, by overnight delivery (for which evidence of delivery is obtained by sender), or by hand delivery, to the representaƟves specified herein. The name and address of the respecƟve representaƟves for this Contract are:

For the County: For the Contractor

MaƩhew V. Wallace, Director

Brevard County, Public Safety Group

1040 S. Florida Avenue

Rockledge, FL 32955

MaƩhew.wallace@brevardfl.qov

(321) 637-5390

And to:

Michael Szczepanski, MEO Program Manager

District 18 Medical Examiner’s Office

1750 Cedar Street

Rockledge, FL 32955

In the event that representaƟves change due to a change in personnel aŌer execuƟon of this Contract, the name and address of the new representaƟve shall be furnished in wriƟng to the other party, and a copy of said noƟficaƟon shall be aƩached to the originals of this Contract.

IX. INDEPENDENT CONTRACTOR RELATIONSHIP

SecƟon 9.01 Independent Contractor RelaƟonship. Each party to this Contract shall be an independent contractor with respect to the other party, and no party hereto shall receive any other benefits, besides those expressly provided for herein. Further it is the express intent of the parƟes hereto that no agent, servant, contractor, or employee of one party be deemed an agent, servant, contractor, or employee of the other party. All personnel of the Contractor rendering services pursuant to this Contract shall be employees/agents of the Contractor. Regardless of anything else contained in or implied from this Contract, any employee of the Contractor who may be performing the services herein described shall be under the exclusive control and direcƟon of the Contractor, but subject to the terms of this Contract.

X. MISCELLANEOUS

SecƟon 10.01 Venue and Fee Requirements. Venue for any lawsuit brought to enforce the terms of this Contract shall be in Brevard County. In any acƟon brought to enforce the terms or provisions of this Contract, each party shall bear its own aƩorney's fees and costs.

SecƟon 10.02 Waiver of Jury Trial. In any legal acƟon brought by any party to this Contract to interpret, construe, or enforce this Contract, ANY TRIAL SHALL BE NONJURY.

SecƟon 10.03 Use of Name. No party to this Contract shall use the name, logo or likeness of another party to this Contract or of any other of the other party's staff in any signage, adverƟsing or promoƟonal material without the prior wriƩen consent of the other party.

The decision to consent or not consent shall be provided to the requesƟng party within five

(5) business days following receipt of the request. The points of contact for the respecƟve parƟes shall be as provided for in SecƟon VIII. Above.

SecƟon 10.04 No Third-Party Beneficiaries. Nothing in this Contract, express or implied, is intended or shall be construed to confer upon any person, firm or corporaƟon other than the parƟes hereto and their respecƟve successor or assigns. Any remedy or claim under or by reason of this Contract or any term covenant or condiƟon hereof and all of the terms, covenants and condiƟons hereof shall be for the sole and exclusive benefit of the parƟes hereto and their permiƩed successors and assigns.

SecƟon 10.05 Unauthorized Alien Workers and E-Verify. Brevard County will not intenƟonally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, consƟtuƟng a violaƟon of the employment provisions contained in 8 U.S.C. SecƟon 1324a(e) (SecƟon 274A(e) of the ImmigraƟon and NaƟonality Act "INA"). The County shall consider a contractor’s intenƟonal employment of unauthorized aliens as grounds for immediate terminaƟon of this Contract.

SecƟon 10.06 Employment Eligibility VerificaƟon (E-Verify).

The Contractor:

(a) In accordance with SecƟon 448.095, Florida Statutes, a public employer, agency or subagency may not enter into a contract unless each party to the contract registers with and uses the E-Verify System.

(b) The County shall not enter into or renew a contract with a vendor or agency that is not enrolled in E-Verify. Any agency that has a contract with the County shall be contractually required to uƟlize E-Verify to confirm the employment eligibility of any employee hired during the Contract term.

(c) The County shall verify the Agency’s parƟcipaƟon in the E-Verify Program by confirming their enrollment on the Department of Homeland Security E-Verify Website. Agencies whose parƟcipaƟon cannot be verified on the Department of Homeland Security’s E-Verify Website, shall provide acceptable evidence of their enrollment prior to award and the execuƟon of an agreement. Acceptable evidence shall include, but not be limited to, a copy of the fully executed E-Verify Memorandum of Understanding for the business.

(d) An Agency who registers with and parƟcipates in the E-Verify program may not be barred or penalized under this secƟon if, as a result of receiving inaccurate verificaƟon informaƟon from the E-Verify program, the Agency hires or employs a person who is not eligible for employment.

(e) Nothing in this SecƟon may be construed to allow intenƟonal discriminaƟon of any class protected by law.

SecƟon 10.07 ScruƟnized Companies List. By execuƟng this Contract, the Contractor hereby cerƟfies that it and its subagencies are not on the ScruƟnized Companies that BoycoƩ Israel List, created pursuant to SecƟon 215.4725, Florida Statutes, or are engaged in a boycoƩ of Israel. (SecƟon 287.135, Florida Statutes). If the County determines the Contractor submiƩed a false cerƟficaƟon under SecƟon 287.135(5), Florida Statutes, or if the Contractor has been placed on the ScruƟnized Companies that BoycoƩ Israel List, or is engaged in a boycoƩ of Israel, the County shall either terminate the Contract aŌer it has given the Contractor noƟce and an opportunity to demonstrate the County’s determinaƟon of false cerƟficaƟon was in error pursuant to SecƟon 287.135(5)(a), Florida

Statutes, or on a case-by-case basis the County may choose to maintain the Contract if the condiƟons of SecƟon 287.135(4), Florida Statutes are met.

SecƟon 10.08 Foreign Influence Disclosure. By execuƟng this Contract, the Contractor hereby cerƟfies that in seeking to contract with the County, or receive a grant from the County, where said Contract or grant has a value of $100,000 or more must disclose to the County (1) any current or prior interest of, (2) any agreement with, or (3) any grant or giŌ received from a foreign country of concern.

SecƟon 10.09 Federal Tax ID Number. The Laboratories shall provide to the County their Federal Tax ID Number.

SecƟon 10.10 Employment. The Contractor shall not engage the services of any person or persons now employed by the County, including any department, agency, board, or commission thereof, to provide services relaƟng to this Contract without wriƩen consent from the County.

SecƟon 10.11 Public EnƟty Crimes. A person or affiliate who has been placed on the convicted vendor list following a convicƟon for a public enƟty crime may not submit a bid on a contract to provide any goods or services to a public enƟty, may not submit a bid on a contract with a public enƟty for the construcƟon repair of a public building or public work, may not submit bids on leases of real property to a public enƟty, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract With a public enƟty, and may not transact business with any public enƟty in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor

SecƟon 10.12 Right to Audit Records/Public Records. The County and its auditors shall be enƟtled to audit the books and records of the Contractor to the extent that such books and records relate to the performance of this Contract. Said records shall be made available, upon request, for audit purposes to Brevard County and its auditors. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under this Contract unless a shorter period is otherwise authorized in wriƟng.

Both parƟes understand that Brevard County is subject to the Florida Public Records

Law, Chapter 119, Florida Statutes and all other applicable. If records provided by the Contractor do not fall under a specific exempƟon under Florida or federal law, the records provided by the Contractor to the County must be provided to anyone making a public records request. It will be the Contractor's duty to idenƟfy the informaƟon which it deems is exempt under Florida or federal law and idenƟfy the statute number which requires the informaƟon be held exempt.

Pursuant to SecƟon 119.0701, Florida Statutes, a request to inspect or copy public records relaƟng to this Contract must be made directly to the County. If the County does not possess the requested records relaƟng to this Contract, the County shall immediately noƟfy the Contractor of the request and the Contractor shall provide the records to the County or allow the records to be inspected or copied within twenty-four hours (not including weekends or legal holidays) of the request so the County can comply with the requirements of Chapter 119, Florida Statutes, Florida Public Records Law. The Contractor may also provide a cost esƟmate to produce the requested documents consistent with the policy set forth in Brevard County AdministraƟve Order AO-47, incorporated herein by this reference. A copy of AO-47 is available upon request from the County’s public records custodian designated below.

If the Contractor fails to provide the requested public records to the County within a reasonable Ɵme, the Contractor may face civil liability for the reasonable cost of enforcement incurred by the party requesƟng the records and may be subject to criminal penalƟes pursuant to SecƟon 119.10, Florida Statutes. The Contractor’s failure to comply with public records requests is considered a material breach of this Contract and grounds for terminaƟon. If Contractor claims certain informaƟon is exempt and/or confidenƟal, it must cite to specific statutory provisions or case law to jusƟfy removal or redacƟon of said informaƟon.

Should the County face any legal acƟon to enforce inspecƟon or producƟon of the records within the Contractor’s possession and control, the Contractor agrees to indemnify the County for all damages and expenses, including aƩorney’s fees and costs.

The Contractor shall hire and compensate aƩorney(s) to represent the Contractor and County in defending such acƟon. The Contractor shall pay all costs to defend such acƟon and any costs and aƩorney’s fees awarded pursuant to SecƟon 119.12, Florida Statutes.

IF THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE AGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (Kaye Richey, 1040 Florida Avenue South; Rockledge FL 32955; (321) 637-5390, Op on 7, kaye.richey@brevardfl.gov ).

SecƟon 10.13 Compliance with Laws. It shall be the Contractor’s responsibility to be aware of and comply with all federal. state and local laws. In accordance with the requirements of the Americans with DisabiliƟes Act of 1990 (ADA), the Contractor will not discriminate against qualified individuals with disabiliƟes on the basis of disability in the provision of its services and provide electronic documents in accessible format to the extent required by law.

SecƟon 10.14 ConstrucƟon of Contract. The parƟes hereby knowledge that they fully reviewed this Contract, its aƩachments and had the opportunity to consult with legal counsel of their choice, and that this Contract shall not be construed against any party as if they were the draŌers of this Contract.

SecƟon 10.15 ConƟnued Management by the Named ParƟes. ConƟnuaƟon of the contract is conƟngent on conƟnued management of the Laboratory by the Contractor.

Noncompliance with this provision is grounds for the County to terminate the contract for default. The County can only agree to subsƟtute management by a wriƩen modificaƟon signed by both parƟes.

SecƟon 10.16 Binding by Signature. This Contract is not binding on the parƟes unƟl it has been signed by the Contractor and the duly authorized representaƟve of County.

SecƟon 10.17 Governance. This Contract shall be governed by and construed in accordance with the laws of the State of Florida

SecƟon 10.18 Counterparts. This Contract may be executed in one or more counterparts, all of which together consƟtute one Contract.

SecƟon 10.19 EnƟrety of Contract. The terms set forth in this Contract consƟtute all the terms and condiƟons agreed upon by the parƟes hereto, and no other terms or condiƟons in the future shall be valid and binding on either party unless reduced to wriƟng and executed by both parƟes thereto.

IN WITNESS WHEREOF, the parƟes hereto have caused these presents to be executed in several counterparts, each of which shall be deemed an original, as of the day and year first above set forth.

BOARD OF COUNTY COMMISSIONERS OF

BREVARD COUNTY, FLORIDA

BY_________________________________________________________

MaƩhew V. Wallace, Brevard County Public Safety Date

Insert signature lines

VENDOR X, INC.

BY_________________________________________________________

XXXXXXXX, XXXXXXX Date

HISTOLOGY SERVICES

APPENDIX A- Pricing sheet

Contract between

Brevard County

(Board of County Commissioners) and

APPENDIX A DISTRICT 18 PRICING

Mnemonic DescripƟon EffecƟve Date Charge Amount

3000000016 DRUG SCREEN QUANT CLOZAPINE

3000000056 AUTOM URINALYSIS WO MICRO

3000000093 ASSAY OF SERUM ALBUMIN

3000000098 ALPHA-I-ANTITRYPSIN; TOTAL

3000000110 AMYLASE

3000000121 TOTAL BILIRUBIN

3000000122 DIRECT BILIRUBIN

3000000124 OCCULT BLOOD FECES

3000000134 STONE; QUAN CHEMICAL

3000000137 CARBON DIOXIDE (C02)

3000000163 CPK: MB FRACTION ONLY

3000000175 DHEA-S

3000000201 ASSAY IGA/IGD/IGG/IGM EACH

3000000202 ASSAY OF IGE

3000000212 GLUCOSE BODY FLUID NOT BLOOD

3000000232 HGB FRACT & QUAN; EP

3000000233 HGB CHROMATOGRAPHY

3000000236 GLYCOSYLATED HEMOGLOBIN TEST

3000000254 INSULIN; TOTAL

3000000286 MYOGLOBIN

3000000318 ASSAY OF SERUM POTASSIUM

3000000320 PREALBUMIN

3000000332 TOTAL PROTEIN OTHER SPECIMEN

3000000366 THYROXINE; TOTAL

3000000367 FREE THYROXINE

3000000369 THYROID STIMULATING HORMONE

3000000375 TRANSFERRIN

3000000377 T3 OR T4 OR THBR

3000000378 T3; TOTAL

3000000381 TROPONIN QUAN

3000000398 C-PEPTIDE

3000000400 HCG; QUAL

3000000409 HEMOGLOBIN

3000000475 SICKLING OF RBC REDUCTION

3000000491 ANTI-STREP O SCREEN

3000000549 RAPID PLASMA REAGIN

3000000585 AB; HTLV OR HIV WB

3000000595 AB: HBCAB - 'GM AB

3000000599 HEPATITIS A IGM ANTIBODY

3000000614 TREPONEMA PALLIDUM

3000000621 HEPATITIS C AB

3000000635 RBC AB SCRN EA TECHtQ

3000000637 BLOOD TYPE ANTIGEN DONOR EA

3000000639 AEROB BACTERIAL BLOOD CULTURE

3000000640 BACTERIAL CULTURE -OTHR SOURCE

3000000643 CULTURE P PATHOG - SCREEN

3000000649 CULTURE AFB - ISOL & ID

3000000651 CULTURE TYPE IMMUNOLOGIC

3000000663 SMEAR - GRAM OR GIEMSA

3000000664 SMEAR FLUORESCENT OR AFB STAIN

3000000669 VIRUS ISOLATE TISSUE CULT INOC

3000000688 HEPATITIS B SURFACE AG IA

3000000692 HISTOPLASMA CAPSUL AG IA

3000000693 HIV-I AG W/HIV-I & HIV-2 AB

3000000695 RESP SYNCYT)AL AG IA

3000000701 CHLAMYDIA P AMPLIF NA PROBE

3000000719 MYCOPLASMA AMPLIF NA PROBE

3000000725 RESP VIRUS 12-25 TARGETS

3000000772 CELL COUNT NOT BLOOD

3000000773 DIFF CELL COUNT NOT BLOOD

3000000874 AEROB BACTERIAL BLOOD CULTURE

3000000875 AEROB BACTERIA CULTURE STOOL

3000000877 BACTERIAL CULTURE -OTHR SOURCE

3000000879 ANAEROB BACr CULTURE W ID

3000000881 BC- AEROBIC ADDTNL ID

3000000884 URINE BACTERIA CULTURE

3000000886 FUNGUS CULTURE NOT BLOOD

3000000903 SMEAR - GRAM OR GIEMSA

3000000923 C DIFF AMPLIFIED PROBE

3000000925 INFLUENZA DNA AMP PROBE

3000000936 INF AG DETECT BY NA AMP PROBE

3000002117 RL HLA-DR15

3000004068 CSF CULTURE- TEST EXCHANGE

3000004070 RESPIRATORY CULTURE-TST EXCH

3000004072 WOUND CULTURE-TEST EXCHANGE

3000004077 URINE CULTURE-TEST EXCHANGE

3000004084 HF TB CULTURE

3000004233 C DIFF AMPLIFIED PROBE

3000004234 INFLUENZA DNA AMP PROBE

3000004709 RL BACTERAL CULTURE -OTHR SRCE

3000004725 RL VIRUS ISOLAT TISS CULT INOC

3000004760 RL RESP VIRUS 12-25 TARGETS

3000005093 RL HEMOGLOBIN AIC

3000005115 RL TRYPTASE TOTAL

3000005461 RL CULTURE, VIRUS

3000005471 RL HIV-I AG W/HIV-I & HIV-2 AB

3000005480 RL CMV DNA

3000005590 CL SCREEN FOR 6MAM

3000005599 CL ACETAMINOPHEN, FLUID

3000005601 CL ACETAMINOPHEN

3000005602 CL ACETYL FENTANYL

3000005606 CL ACETAMINOPHEN PANEL

3000005608 CL ACETAMINOPHEN, TISSUE

3000005616 CL ALBUTEROL

3000005618 CL BLOOD ALCOHOL

3000005626 CL ALLOPURINOL AND METABOLITE

3000005635 CL AMITRIPTYLINE, TISSUE

3000005636 CL AMITRIPTYLINE PANEL

3000005637 CL AMITRIPTYLINE AND METABOLTE

3000005638 CL AMITRIPTYLINE TISSUE PANEL

3000005640 CL AMLODIPINE

3000005643 Cc AMPHETAMINE PANEL

3000005644 CL AMPHETAMINE PANEL, TISSUE

3000005647 CL ANTIDEPRESSANT CONFIRMATION

3000005649 CL ANTIDEPRESSANT PANEL TISSUE

3000005653 CL ARIPIPRAZOLE

3000005656 CL ARSENIC

3000005657 CL ARSENIC (URINE) NMS

3000005660 CL ANABOLIC STEROIDS PANEL

3000005669 CL BACLOFEN

3000005671 CL BARBITURATE PANEL

3000005672 CL BARBITURATES PANEL (NMS)

3000005673 CL BARBITURATE PANEL, TISSUE

3000005676 CL BLOOD DRUG SCREEN

3000005677 CL BENZTROPINE

3000005701 CL BENZODIAZEPINE PANEL

3000005702 CL BENZODIAZEPINE PANL TISSUE

3000005704 CL BUPRENORPHINE - FREE

3000005705 CL BUPIVACAINE

3000005708 CL BATH SALTS PANEL, URINE

3000005709 CL BATH SALTS/STIMULANTS

3000005711 CL BUPROPION AND METABOLITE

3000005713 CL BUPROPION

3000005714 CL BUSPIRONE (NMS)

3000005715 CL BENZODIAZEPINES PANEL

3000005716 CL BENZODIAZEPINES PANL TISSUE

3000005730 CL CAFFEINE

3000005734 CL CARBAMAZEPINE

3000005736 CL CARBAMAZEPINE PANEL

3000005739 CL CARISOPRODOL PANEL

3000005740 CL CARISOPRODOL TISSUE PANEL

3000005741 CL CARBAMAZEPINE AND METABOLTE

3000005750 CL CARFENTANIL SCREEN

3000005754 CL CHLOROFORM

3000005755 CL CHLORAL HYDRATE

3000005756 CL CHLORPROMAZINE (NMS)

3000005759 CL CHLORZOXAZONE (NMS)

3000005760 CL CHLORPHENIRAMINE

3000005767 CL CITALOPRAM (NMS)

3000005769 CL CITALOPRAM, FLUID (NMS)

3000005770 CL CITALOPRAM, TISSUE (NMS)

3000005771 CL CITALOPRAM

3000005772 CL CITALOPRAM, TISSUE

3000005776 CL CLONAZEPAM AND METABOLITE

3000005778 CL CLONIDINE

3000005779 CL CLONAZEPAM, TISSUE

3000005780 CL CLOZAPINE AND METABOLITE

3000005781 CL CLOMIPRAMINE AND METABOLITE

3000005789 CL COCANE METABOLTE CONFRM RPT

3000005790 CL COCAINE PANEL

3000005791 CL COCAINE PANEL TISSUE

3000005794 CL CARBON MONOXIDE

3000005796 CL CARBON MONOXIDE PROFILE

3000005807 CL CARBAMAZEPINE, TISSUE

3000005820 CL CULTURE, BLOOD

3000005832 CL CULTURE, OTHER

3000005834 CL CULTURE, RESPIRATORY LOWER

3000005835 CL CULTURE, RESPIRATORY UPPER

3000005840 CL CULTURE, URINE

3000005845 CL CYANIDE SCREEN

3000005847 CL CYCLOBENZAPRINE, FLUID

3000005848 CYCLOBENZAPRINE

3000005849 CL CYCLOBENZAPRINE, TISSUE

3000005854 CL DEXTRO/LEVO ME-THORPHAN

3000005855 CL DESIGNER OPIOIDS - DESOP

3000005856 CL I,I-DIFLUOROETHANE (DFE)

3000005859 CL DICYCLOMINE (NMS)

3000005863 CL DILTIAZEM

3000005864 CL DIPHENHYDRAMINE PANEL

3000005865 CL DIPHENHYDRAMINE TISSUE PANL

3000005871 CL DOXEPJN AND METABOLITE

3000005873 CL DOXEPIN AND METABOLITE FLUD

3000005874 CL DOXEPIN AND METABOLTE TISUE

3000005875 CL DOXEPIN

3000005876 CL DOXYLAMINE, FLUID

3000005881 CL DULOXETINE

3000005882 CL DOXYLAMINE

3000005889 CL ETHYLENE GLYCOL

3000005890 CL ETHYLENE GLYCOL, TISSUE

3000005892 CL ELECTROLYTE PANEL

3000005898 CL ESTAZOLAM

3000005906 CL ESZOPICLONE/ZOPICLONE

3000005908 CL EXTENDED INFANT SCREEN

3000005934 CL FENTANYL, TISSUE

3000005935 CL FENTANYL PANEL

3000005936 CL FENTANYL

3000005937 CL FENTANYL PANEL, TISSUE

3000005941 CL FLUOXETINE AND METABOLITE

3000005942 CL FLUOXETINE, FLUID

3000005943 CL FLUOXETINE, TISSUE

3000005944 CL FLUOXETINE, URINE

3000005946 CL FLUPHENAZINE

3000005947 CL FLUOXETINE

3000005948 FLURAZEPAM AND METABOLITES

3000005958 CL GABAPENTIN, TISSUE (NMS)

3000005959 CL GABAPENTIN

3000005967 GASTRIC DRUG SCREEN

3000005971 CL GHB PANEL

3000005972 CL GHB PANEL, TISSUE

3000005973 GHB PANEL, URINE

3000005976 CL GLUCOSE

3000005977 CL GLUCOSE, ADDITIONAL CHARGE

3000005981 CL GLYCOLS PANEL, FLUID (NMS)

3000005982 CL GRAM STAIN, AEROBIC

3000005985 CL GUAIFENESIN

3000005987 HANDLING FEE

3000005989 CL HALOPERIDOL

3000006007 CL HEPATITIS PANEL CHRONIC

3000006015 CL HIV ANTIGEN/ANTIBODY

3000006025 CL HOLD TOXICOLOGY TESTING

3000006026 CL HOMOGENIZATION-MDMPT

3000006027 CL HOMOGENIZATION-METHADONE

3000006028 HOMOGENIZATION-OPIATE, FREE

3000006029 CL HOMOGENIZATION-OPIATE TOTAL

3000006030 CL HOMOGENIZATION-TRAMADOL

3000006031 HOMOGENIZATION

3000006033 CL HOMOGENIZATION-DWG SCREEN

3000006034 CL HOMOGENIZATION-VOLATILES

3000006035 CL HOMOGENIZATION-AMPHETAMINES

3000006036 HOMOGENIZATION-AMITRIPTYLNE

3000006037 CL HOMOGENIZATION-BARBITURATES

3000006038 CL HOMOGENIZATION-BENZODIAZEPN

3000006039 HOMOGENIZATION-CARISOPRODOL

3000006040 CL HOMOGENIZATION-COCAINE

3000006041 CL HOMOGENIZATON-DIPHENYDRAMNE

3000006042 CL HOMOGENIZATION-FENTANYL

3000006047 CL HISTOLOGY RE-CUT

3000006054 CL HYDROXYZINE

3000006055 CL IBUPROFEN, FLUID

3000006056 CL IBUPROFEN

3000006057 CL IBUPROFEN, TISSUE

3000006070 CL IMIPRAMINE

3000006071 CL INHALANT PANEL ABUSED GASES

3000006077 Cc CO-IRON RATIO

3000006078 CL CO-IRON RATIO, TISSUE

3000006081 CL KETAMINE AND METABOLITE

3000006082 CL KETOROLAC

3000006083 CL KETONE

3000006089 CL LATEX SPECIF IGE PANL (IBT)

3000006091 CL LAMOTRIG'NE

3000006093 CL LEGAL BLOOD ALCOHOL

3000006098 CL LEAD (NMS)

3000006100 CL LEVETIRACETAM

3000006106 CL LIDOCAINE

3000006108 CL LITHIUM (NMS)

3000006116 CL LORATADINE

3000006117 CL LOPERAMIDE

3000006120 CL LSD SCREEN

3000006124 CL METALS/METALLOIDS 1

3000006125 CL METALS/METALLOIDS URINE 1

3000006127 CL METALS/METALLOIDS 3

3000006135 CL MDMA/MDA PANEL

3000006136 CL MDMA/MDA TISSUE PANEL

3000006137 CL DRUG SCREEN

3000006139 CL METOPROLOL

3000006140 CL METALS/METALLOIDSL, TISSUE

3000006141 CL MEPERiDlNE

3000006148 CL METHOCARBAMOL

3000006149 CL METHYLPHENIDATE, TISSUE

3000006150 CL METRONIDAZOLE

3000006154 CL SUBSTANCE IDENTIFICATION

3000006156 CL MIRTAZAPINE

3000006159 CL MISCELLANEOUS TEST

3000006160 CL MITRAGYNINE

3000006164 CL METHYLPHENIDATE

3000006167 CL MRSA SCREEN BY PCR

3000006170 CL METHADONE PANEL

3000006171 CL METHADONE TISSUE PANEL

3000006172 CL METFORMIN

3000006173 CL METHADONE, TISSUE

3000006174 CL METAXALONE

3000006183 CL

3000006184 CL NAPROXEN

3000006185 CL NASAL SWAB SCREEN

3000006188 CL NITROUS OXIDE

3000006194 CL OLANZAPINE

3000006200 CL OPIATES TOTAL TISSUE

3000006201 CL FREE OPIATE PANEL

3000006202 CL FREE OPIATE TISSUE

3000006203 CL TOTAL OPIATE PANEL

3000006204 CL TOTAL OPIATE TISSUE

3000006206 CL ORPHENADRINE

3000006209 CL OXYBUTYNIN (NMS)

3000006211 CL OXCARBAZEPINE AS METABOLITE

3000006213 CL PAROXETINE

3000006216 CL PAROXETINE, FLUID

3000006222 CL PENTAZOCINE

3000006226 CL PROPOFOL

3000006227 CL PROPOFOL, TISSUE

3000006229 CL PHENACETIN

3000006230 CL PHENYTOIN PANEL

3000006233 CL PHENTERMINE

3000006237 CL SPECIMEN PICKUP TRIP CHARGE

3000006243 CL PROPRANOLOL

3000006246 CL PMA/PMMA

3000006249 CL PROPOXYPHENE

3000006259 CL PREGABALIN

3000006261 CL PRIMIDONE

3000006263 CL PROMETHAZINE

3000006277 CL PSEUDOEPHEDRtNE/EPHEDRfNE

3000006278 CL PSEUDOEPHEDRNE/EPHDRNE SCRN

3000006283 CL PROPOXYPHENE, TISSUE

3000006284 CL QUETIAPINE

3000006285 CL QUETIAPINE, TISSUE

3000006286 CL RAMELTEON

3000006293 CL RISPERIDONE

3000006305 CL SALICYLATES, SERUM

3000006306 CL SALICYLATES-TOTAL

3000006310 CL SERTRALINE

3000006311 CL SERTRALINE, FLUID

3000006313 CL SERTRALINE, TISSUE

3000006319 CL SILDENAFIL

3000006322 CL SPECIMEN HANDLING

3000006323 CL SPECIMEN RETURN FEE

3000006324 CL SPECIMEN STORAGE

3000006333 CL SYNTHETIC CANNABINO'DS

3000006346 CL TAPENTADOL-FREE

3000006349 CL TISSUE DRUG SCREEN

3000006350 CL TERPINEOL

3000006357 CL CANNABINOIDS PANEL

3000006358 CL CANNABINOIDS, URINE

3000006360 CL THEOPHYLLINE PANEL

3000006361 CL THIOSULFATE

3000006362 CL THIORIDAZINE

3000006370 CL TOLUENE (NMS)

3000006371 CL TOPIRAMATE

3000006379 CL TRAMADOL

3000006380 CL TRAMADOL TISSUE

3000006381 CL TRYPTASE (IBT)

3000006383 CL TRAZODONE

3000006386 CL TRAZODONE, FLUID

3000006387 CL TSH

3000006393 CL TRAZODONE, TISSUE

3000006394 CL URINALYSIS

3000006407 CL URINE DRUG SCREEN 12 PANEL

3000006411 CL COMPREHENSIVE DRUG SCREEN

3000006440 CL VALPROIC ACID

3000006441 CL VALPROIC ACID (TOX)

3000006446 CL VALPROIC ACID, TISSUE

3000006453 CL VITREOUS DRUG SCREEN

3000006455 CL VERAPAMIL

3000006456 CL VENLAFAXINE

3000006459 CL VILAZODONE

3000006469 CL VOLATILE PANEL

3000006470 CL VOLATILE TISSUE PANEL

3000006471 CL VOLATILE PANEL, URINE

3000006472 CL VOLATILE PANEL, VITREOUS

3000006484 CL WARFARIN

3000006489 CL IMMUNOHISTOCHEM STAIN

3000006490 CL SLIDE RECUT

3000006491 CL SLIDE

3000006492 CL SPECIAL STAIN

3000006493 CL XYLAZINE

3000006495 CL ZIPRASIDONE

3000006497 CL ZOLPIDEM, TISSUE

3000006499 CL ZOLPIDEM

3000006500 CL ZONISAMIDE

3000006591 BORON, URINE

3000006820 RL SARS-CoV2/19-nCoV (COVID19) 3000006821 SARS CoV2/19 (COVID19)

3000006824 SARS-COV-2 COVID-19 ANTIBODY

3000006829 RL COV-19 AMP PRB HGH THRUPUT