To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: User Agreement #72-299 with American Type Culture Collection (ATCC)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee

RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute User Agreement (UA) #72-299 with American Type Culture Collection (ATCC), a corporation, for the provision of Influenza Reagents Resource (IRR) testing reagents and supplies for the County’s Public Health Laboratory to conduct influenza diagnostic testing and surveillances efforts, effective upon the date of final signature until terminated by either party.
FISCAL IMPACT:
This is a non-financial agreement. There is no cost to the County.
BACKGROUND:
The Centers for Disease Control and Prevention (CDC) works year-round to improve and enhance international influenza surveillance efforts and to build global laboratory capacity in preparation for a future pandemic. In September 2008, CDC’s Influenza Division contracted with The American Type Culture Collection to implement the IRR. The IRR, funded by the CDC, is a biological reagent repository established to provide free access to influenza virus strains and research reagents. The UA establishes the formal structure and operational parameters while permitting the County’s Public Health Laboratory to retain and continue receiving reagents and supplies for Influenza diagnostic testing and surveillance efforts in the event of an outbreak, pandemic, or seasonal testing while supporting emergency preparedness. The Public Health Laboratory routinely uses CDC Influenza test kits for Influenza subtyping (H1N1, H3, etc.) to evaluate circulating infection in the community and solely uses CDC kits for the detection of possible avian influenza, H5N1.
The UA provides the terms, conditions, and limitations concerning the Public Health Laboratory’s responsibility to properly handle, use and dispose of IRR materials consistent with applicable Federal and State law and regulations.
Approval of new UA #72-299 will allow the County’s Public Health Laboratory to continue receiving, at no cost, CDC influenza and related emerging threat test reagents. This UA includes a limitation of liability provision which states that in no event will ATCC, U.S. government, or individual contributors who provide material to ATCC be liable for any special, incidental, or consequential damages arising out of this UA.
CONSEQUENCE OF NEGATIVE ACTION:
If this UA is not approved, the County Public Health Laboratory will be out of compliance with CDC IRR requirements and will have to pay out of pocket for additional influenza supplies ordered and received. Additionally, the public health laboratory will no longer be able to order proficiency tests through IRR. Patient specimens suspected of having avian influenza, novel influenza, or other emerging pathogens will be shipped to another laboratory for initial screening.