To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: Contract #72-278 with Primary Diagnostics, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the County Master Software License and Services Agreement (County Contract #72-278) with Primary Diagnostics, Inc., a corporation, in an amount not to exceed $95,000, to provide Public Health emergency communications network software and support for the Contra Costa Health Department’s Public Health Division, for the period from March 17, 2026 through March 16, 2027, and annually thereafter until terminated per the terms of the agreement.
FISCAL IMPACT:
This Contract will result in contractual service expenditures of up to $95,000 over a 1-year period and will be funded 100% by General Fund.
BACKGROUND:
This Contract meets the needs of the County by providing Contra Costa Public Health Laboratory a Location Information Server (LIS) interface with other California public health laboratories. The services provided under this Master Software License and Services Agreement (MSA) allow Primary Diagnostics, Inc., to maintain the existing integration between Contra Costa Public Health Laboratory and the California statewide public health lab interoperability network. This connection enables secure, bidirectional exchange of electronic test orders and results with other public health labs during emergencies, allowing the continued operation and maintenance of the existing laboratory interoperability connection between County and Primary for the purpose of emergency bidirectional laboratory data exchange (the “Primary.Health LabConnect Network” or “PH LabConnect”), which was established under prior funding from the California Department of Public Health (CDPH). While the current configuration will remain operational as previously established, this MSA also allows for mutually agreed-upon modifications or improvements to the connection, provided such changes are within the scope of work and funded by the County. This arrangement serves as a bridge between the conclusion of CDPH-pandemic funded services and a longer-term agreement, ensuring no lapses in service while the parties work to finalize a new contracting and funding vehicle for the CDPH lead effort.
This Contract meets the solicitation requirements of Administrative Bulletin 600.3; the Division conducted an RFP prior to the requirements. Costa Public Health will monitor measurable service contract deliverables regarding its access to the network in compliance with Section III (B)(7) including network connection. This Contract was approved by Health Services Personnel to ensure there is no conflict with labor relations.
Approval of this Contract #72-278 allows the parties to execute Primary’s Master Software License and Services Agreement (including mutual indemnification and the County’s Health Insurance Portability and Accountability (HIPAA) Business Associate Addendum (BAA) and a Statement of Work), to allow Primary to continue to provide its PH LabConnect to Contra Costa Health’s Departments Public Health Division through March 16, 2027, and continue for as long as a SOW or Schedule is in effect, unless earlier terminated per the terms of the MSA.
Under the Master Software License and Services Agreement, Primary’s liability is limited to the amount paid by County in the twelve months preceding a claim, provided that this limitation of liability does not apply to Primary’s indemnification obligations under the MSA or Primary’s breach of Protected Health Information.
Under the Primary Master Agreement, the County is obligated to indemnify and defend Primary against third party claims arising from County’s breach of the Agreement or county’s negligence or willful misconduct in performing this Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved, Contra Costa Health Department’s Public Health Division will lose access to its emergency communications system putting County constitutes at risk concerning public health and safety.