Agenda

Return

C. 52

To:	Board of Supervisors
From:	Anna Roth, Health Services Director
Date:	January 17, 2023

Contra

Costa

County

Subject:

Contract #76-770 and #76-810 with Becton Dickinson and Company

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 01/17/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Jaspreet Benepal, 925-370-5100
cc:	F Carroll M Wilhelm

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: January 17, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County two acquisition agreements containing mutual indemnification language, #76-810 for an 84-month period for the BD Phoenix M50 in an amount not to exceed $29,532 and #76-770 for a sixty-month period for the BD Bruker MALDI Sirius in an amount not to exceed $84,960, with Becton, Dickinson and Company, a corporation, and totaling an amount not to exceed $114,492, to provide microbial detection equipment, reagent supplies, software, and maintenance services to Contra Costa Regional Medical Center’s clinical laboratories with terms within the period January 17, 2023 through January 16, 2030.

FISCAL IMPACT:

These contracts will result in contractual service expenditures of up to $114,492 over a 7-year period and will be funded 100% by Hospital Enterprise Fund I revenues. (Rate increase)

BACKGROUND:

These contracts meet the needs of Contra Costa Regional Medical Center (CCRMC) by executing two Becton Dickinson (BD) Acquisition Agreements for microbial detection equipment utilized by its Clinical Laboratories that include embedded software, consumables, accessories, and services. The acquisition agreements will govern the procurement of the equipment (with embedded software), service, maintenance, and consumables, including reagents, panels, supplies, and assays regarding the testing equipment. CCRMC has issued purchase orders to BD for test reagents, laboratory, microbiology, and clinical supplies since (at least) 2012.

Under contract #76-770, CCRMC will execute a sixty (60) month Acquisition Agreement for the BD Bruker MALDI Sirius, a microbial identification system. The BD Bruker MALDI Sirius is a direct, cash purchase with a forty-eight (48) month term service plan (commencing on the expiration of the equipment warranty period).

Under contract #76-810, CCRMC will execute an eighty-four (84) month Acquisition Agreement for the BD Phoenix M50 (with an EpiCenter NUC Computer), an automated identification and susceptibility testing system. The BD Phoenix M50 is a direct cash purchase with a seventy-two (72) month term service plan (commencing on the expiration of the equipment warranty period).

Under the agreements the County is obligated to indemnify Becton Dickinson for third party claims arising out of the County’s use of the software, the County’s negligence or willful misconduct, or the County’s breach of the agreement. Under the agreement, Becton Dickinson’s liability to the County is limited to the amounts the County pays in any 12-month period prior to any claim, except with respect to third party indemnity claims and claims for death or bodily injury.

Approval of contracts #76-770 and #76-810 will allow the contractor to provide services through January 16, 2030. The County may only terminate the agreements if (1) Becton Dickinson fails to cure its breach of the agreement, or (2) the Board of Supervisors decides not to appropriate funds for amounts due under the contracts.

CONSEQUENCE OF NEGATIVE ACTION:

If these contracts are not approved, Contra Costa Regional Medical Center will be out of compliance with regulations regarding standard maintenance and function checks regarding the microbial detection instrumentation used by its laboratories. The contracts include unscheduled repairs and preventative maintenance with the manufacturer for acceptable performance of the lab instruments. The potential of non-compliance may result in adverse effects such as financial losses, license revocations, business disruptions, and poor quality of patient.