We have a lab in town who has generously offered to provide free COVID-19 antibody testing for first responders. A few catches: 1) the testing is not FDA approved; 2) they want City to waive any and all claims against them and indemnify them from any and all claims of any nature and variety related to the tests (that's an easy NO); and 3) they are disclaiming any warranties for their Services in providing the tests, including that the Services will be performed in a "good and workmanlike manner" or that such Services are free of error; City takes this non-FDA approved test "where is, as is". Apparently, the lab is bringing in a phlebotomist to actual do the blood draw for the testing. It would seem to me there has to be an applicable standard of care for this type of situation that I can impose on them contractually. I don't think a disclaimer of performing in a good and workmanlike manner even applies to these professional/medical services. Saying they are disclaiming that the Services are free of error seems problematic also since someone will be using a needle to take blood from these city employees. I just need some good language I can send them back on the appropriate standard of care they will use. It's one thing to say the test may not be error-free, but the performance of services should have a level of medical competency. Anyone have anything they are willing to share? Thanks, Janet Janet M. Spugnardi | Deputy City Attorney City of Irving City Attorney's Office 825 W. Irving Blvd. Irving, TX 75060 P: (972) 721-2541 F: (972) 721-2750 jspugnardi@cityofirving.org<mailto:jspugnardi@cityofirving.org> | CityofIrving.org<http://www.cityofirving.org/>