REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 23, 2026
FROM
JANKI PATEL, Acting Director, Department of Public Health
SUBJECT
Title
Non-Financial User Agreement with The American Type Culture Collection for Access to Laboratory Testing Supplies
End
RECOMMENDATION(S)
Recommendation
1. Approve a non-financial user agreement, including non-standard terms, with The American Type Culture Collection, for access to laboratory testing supplies, effective upon execution and continuing until terminated by either party.
2. Authorize the Chair of the Board of Supervisors, Chief Executive Officer, or Director of the Department of Public Health to execute any subsequent non-substantive amendments required to maintain access to laboratory testing supplies, on behalf of the County, subject to review by County Counsel.
3. Direct the Director of the Department of Public Health to transmit any subsequent non-substantive amendments to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Janki Patel, Acting Director, 387-9146)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Foster Sustainable Development Through Strategic Partnerships.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
This item will not result in the use of Discretionary General Funding (Net County Cost) as the agreement with The American Type Culture Collection (ATCC) for access to laboratory testing supplies is non-financial in nature.
BACKGROUND INFORMATION
The ATCC is contracted by the Centers for Disease Control and Prevention (CDC) to implement the Influenza Reagent Resource (IRR). Funded by the CDC, the IRR provides public health facilities, research institutions, life science companies, and other entities with free access to influenza virus strains and research reagents. These reagents are used for influenza surveillance and detection, diagnostic test development and validation, and preparation for seasonal and pandemic influenza. ATCC requires public health facilities to execute a non-financial user agreement in order to access free reagents. Approval of the user agreement would allow the Department of Public Health to continue detecting and monitoring influenza strains, report results to the CDC, support national efforts to track circulating viruses, and improve seasonal forecasting.
The recommended user agreement includes non-standard terms that differ from the standard County contract terms:
1. ATCC’s assumes no liability to the County for any special, incidental or consequential damages.
• The County standard contract does not include a limitation of liability.
• Potential Impact: Third party claims for any special, incidental or consequential damage may leave the County financially liable for any losses.
2. The user agreement does not require ATCC to indemnify the County for all claims arising out of the agreement.
• The County standard contract indemnity provision requires the Contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: ATCC is not required to defend, indemnify or hold the County harmless from claims arising from the County’s own acts or omissions which may arise during the performance of the user agreement. Additionally, if the County is sued for any claim based on its use of ATCC’s products, the County may be solely liable for the costs of defense and damages.
3. The user agreement does not require ATCC to meet the County’s insurance standards as required pursuant to County Policy 11-07.
• The County Policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and set forth in the County standard contract.
• Potential Impact: The user agreement does not include County standard insurance requirements. This means that the County has limited assurance that ATCC will be financially responsible for claims that may arise during the course of the Agreement.
4. ATCC provides the service “AS IS” and disclaims all warranties of any kind.
• There is no warranty requirement in the contract with ATCC. The standard contract requires its vendors and service providers to fully warrant the products and services they provide to the County.
• Potential Impact: The County’s use of the products is solely at its own risk.
The Department of Public Health recommends approval of the user agreement, including non-standard terms, to enable the Public Health Laboratory to secure access to free reagents and prepare for seasonal and pandemic influenza.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Adam Ebright, Deputy County Counsel, 387-5455) on June 1, 2026; Risk Management (Stephanie Pacheco, Staff Analyst II, 386-9039) on June 3, 2026; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 386-8392) on June 2, 2026.