Agenda

Return

C.51

To:	Board of Supervisors
From:	Anna Roth, Health Services Director
Date:	April 24, 2023

Contra

Costa

County

Subject:

Payment for supplies and instruments provided by Applied Medical Distribution Corporation

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/24/2023

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:

Gino Rogers, (925) 370-5343

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: April 24, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $46,742 to Applied Medical Distribution Corporation for endomechanical surgical supplies and instruments for Contra Costa Regional Medical Center (CCRMC) provided in good faith during the period of November 8, 2022 through January 17, 2023.

FISCAL IMPACT:

Approval of this action will result in a one-time expenditure in an amount not to exceed $46,742 and will be funded by the Hospital Enterprise Fund I revenues.

BACKGROUND:

The CCRMC Operating Room has purchased supplies from Applied Medical Distribution Corporation since 2009. Applied Medical Distribution Corporation has been the supplier of endomechanical surgical supplies and instruments for Contra Costa Regional Medical Center (CCRMC) since January 2020.

BACKGROUND: (CONT'D)

Applied Medical Distribution Corporation is an awarded supplier on the Vizient Group Purchasing Organization (GPO) contract portfolio for endomechanicals. Additionally, they are a designated supplier on the Vizient Environmentally Preferred Sourcing Program for their trocars and instruments. Kii balloon blunt tips are critical surgical items that feature an innovative gel cone that allows enhanced instrument articulation and greater visualization during laparoscopic surgeries. The Alexis O C-Section is a retractor that enhances visualization and has been shown to reduce scar pain, blood loss and surgical site infections in C-section cases.

On December 15, 2020 purchase order #21064 was executed in an amount of $199,000 with Applied Medical Distribution for the purchase of endomechanical surgical supplies, minor equipment, and services as required by the Contra Costa Regional Medical Center (CCRMC) for the period from December 31, 2020 through December 30, 2022.

On February 7, 2023 the Board of Supervisors approved agenda item C.66 to execute a purchase order with Applied Medical Distribution Corporation, in an amount not to exceed $500,000 for the purchase of endomechanical surgical supplies and instruments for the Operating Room at Contra Costa Regional Medical Center (CCRMC) for the period from February 1, 2023 through March 31, 2025.

Due to an administrative oversight CCRMC did not have adequate funds available to pay Applied Medical Distribution Corporation for products and services rendered during the period of November 8, 2022 through December 30, 2022, and did not have an authorized payment instrument in place for the purchase of such goods and services for the period December 31, 2022 through January 17, 2023.

Departmental staff have determined that the vendor is entitled to payment for the reasonable value of the products and services under the equitable relief theory of quantum meruit. The theory provides that where a vendor has been asked to provide products and services without a valid contract, and the vendor does so to the benefit of the County, the vendor is entitled to recover the reasonable value of those products and services.

Since the Department cannot pay Applied Medical Distribution Corporation for products and services rendered as they lack the necessary instrument to issue payment, this request is for the Board to authorize the Auditor-Controller to issue a one-time payment to the vendor in an amount not to exceed $46,742.

CONSEQUENCE OF NEGATIVE ACTION:

If this request is not approved, Applied Medical Distribution Corporation will not be paid for products and services rendered in good faith.