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MEMORANDUM OF UNDERSTANDINGCOVID-19 ANTIGEN TESTINGThis Memorandum of Understanding (“MOU”) is entered into by the Rhode Island Department of Health (“RIDOH”) and (insert RI company name) as of the last date written below.Purpose To help contain COVID-19, RIDOH continues to expand the State’s testing program. To that end, RIDOH has access to the BinaxNOW? COVID-19 Antigen Test via a partnership with the U.S. federal government. BinaxNOW??is a fast, reliable, and portable rapid test which does not require any instrumentation to test the samples; instead, it determines a COVID-19 negative or positive result using a test card which makes it ideal for helping RIDOH increase testing capacity State-wide. For more general information about the Test, see Exhibit A to this MOU.RIDOH is seeking to partner with RI companies and organizations to implement this initiative.AgreementsThe parties agree as follows:RIDOH agrees to:Establish protocols for the distribution, collection, and safekeeping of BinaxNOW? COVID-19 Antigen Test supplies; Use reasonable efforts to provide COMPANY with an adequate supply of BinaxNOW? COVID-19 Antigen Tests, on a periodic basis and subject to receiving enough Tests from DHHS to meet the needs of COMPANY, to be able to in turn meet the volume needs of Rhode Islanders in the community requesting to be tested, either at the fixed site where COMPANY is or at multiple sites for which COMPANY has taken responsibility; Act as liaison between COMPANY and DHHS, when appropriate, to share material information and feedback to support the ongoing execution of this initiative; and Coordinate between and among COMPANY, to the extent necessary, to support the health, safety, and well-being of Rhode PANY agrees to:Use the BinaxNOW? COVID-19 Antigen Test to test employees as directed by RIDOH;Use the BinaxNOW? COVID-19 Antigen Tests in accordance with clinical and scientific guidance (see the hyperlinked material in Exhibit A) from the U.S. FDA, the U.S. HHS and RIDOH;Enter positive, negative, and invalid results associated with all BinaxNOW? COVID-19 Antigen Tests into the RIDOH Point of Care Results Reporting Portal: portal.reportcovidresult;Use BinaxNOW? COVID-19 Antigen Test with all employees free of chargeNot restrict access to the BinaxNOW? COVID-19 Antigen Test on the basis of race, religion, gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, gender identity, military status, or any other similarly protected PANY acknowledges and understands that RIDOH has complete discretion over the distribution of BinaxNOW? COVID-19 Antigen Tests that it receives, and no distribution of BinaxNOW? COVID-19 Antigen Tests by RIDOH creates a future obligation to provide COMPANY with Tests, or implies that RIDOH will distribute additional BinaxNOW? COVID-19 Antigen Tests to COMPANY. RIDOH will coordinate the pickup of BinaxNOW? COVID-19 Antigen Tests with the COMPANY. The COMPANY will be responsible to picking up the test kits at the Dunkin Donuts Center prior to test days. TermThis MOU is effective as of the last date written below and will extend through June 30, 2021 unless amended earlier pursuant to Article V below.TerminationThe parties may terminate their participation, obligations, and responsibilities under this MOU by mutual written agreement. Either party may terminate its participation, obligations, and responsibilities under this MOU by written notice of no less than (A) 90 days in advance to the other party, or (B) 30 days, in advance to the other party, if the terminating party contends that the other party has failed to substantially fulfill a material obligation or responsibility under this MOU. Before termination, the terminating party may elect to grant the other party the opportunity to cure this failure within a reasonable period of time.SeverabilityIf any provision is held invalid, the remainder of the MOU shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.Liabilities, Claims, Immunities & DefensesEach of RIDOH and COMPANY agrees to be responsible for the negligent or wrongful acts or omissions of its respective employees, officers, directors, contractors, and/or agents arising from this MOU.The parties agree -- subject to any limitations imposed by law, rule, or regulation -- to cooperate in good faith to resolve any claims promptly and, whenever appropriate, without litigation.For all claims or suits arising from this MOU, each party’s designated legal representative shall, within 10 calendar days of receipt, provide copies of any document or complaint noticing a claim or suit, or copies of any document or correspondence that such legal representative believes may potentially lead to a claim or suit, to the other party’s designated legal representative.Nothing in this MOU shall be construed as a waiver of any immunity or other defenses from suit provided by law including, but not limited to, R. I. Gen. Laws §§ 9-31-1 et seq., entitled “Governmental Tort Liability.”[REMAINDER OF THIS PAGE IS BLANK]Both RIDOH, through its duly authorized representative below, and COMPANY have executed this MOU as of the last date written below.FOR RIDOH:Rhode Island Department of HealthBy:Samuel ChionumaDate:12/07/2020Name: Samuel ChionumaTitle: Program Manager for Covid-19 Test Team/Business Expansion Initiative.FOR COMPANY:(LIST FACILITY NAME HERE)By:Date:Name: Title: EXHIBIT AGeneral Information about the BinaxNOW? COVID-19 Antigen TestsThe BinaxNOW? COVID-19 Antigen Test is intended for the detection of protein antigen from SARS-CoV-2 in direct nasal swabs from individuals suspected of having COVID-19 by their healthcare providers.The BinaxNOW? COVID-19 Antigen Test is most sensitive when used in symptomatic individuals within the first seven days of symptom onset. Negative results do not rule out SARS-CoV-2 infection and should not be used as the sole basis for treatment or patient management decisions, including infection control decisions. In symptomatic individuals with a negative BinaxNOW? COVID-19 Antigen Test, a second specimen should be sent for confirmatory PCR-based SARS-CoV-2 testing. In individuals with a positive BinaxNOW? COVID-19 Antigen Test, the person should be considered to be positive for SARS-CoV-2 regardless of the PCR-based SARS-CoV-2 test. A PCR-based SARS-CoV-2 test should still be considered to confirm the results. RIDOH has determined that the BinaxNOW? COVID-19 Antigen Test can be used in specific settings for screening of asymptomatic individuals. Although the Test likely has reduced sensitivity in this setting, this is offset by the ability to reach people for testing who would not otherwise be tested. Anyone suspected of having SARS-CoV-2 should always be sent for a confirmatory PCR-based SARS-CoV-2 test. More information about the BinaxNOW? COVID-19 Antigen Test can be found on the websites linked below. ................
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