To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Rescind Prior Board Action Pertaining to Contracted Services with Dicom Systems Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RESCIND Board action of August 13, 2024 (C.78) which pertained to a contract with Dicom Systems Inc.; and APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County a Master Purchase and License Agreement containing mutual indemnification with Dicom Systems Inc. (DCMSYS), a corporation, in an amount not to exceed $30,000, for diagnostic imaging system software, maintenance and support for Contra Costa Health’s Information Technology Systems Unit (CCH IT) for the period from July 1, 2024 through June 30, 2027.
FISCAL IMPACT:
This Contract will result in contractual service expenditures of up to $30,000 over a 3-year period and will be funded 100% by Hospital Enterprise Fund I revenues.
BACKGROUND:
This Contract meets the needs of the County by providing diagnostic imaging system software, maintenance, and support. In 2018, Contra Costa Health (CCH) IT procured DCMSYS Rapid Router hardware and software to enhance support for the CCH Diagnostic Imaging Department's Picture Archiving and Communication System (PACS) file management. The DCMSYS software establishes an imaging sharing hub, facilitating the integration of various medical sites and creating a unified platform with a single work list for all. Under this action, the parties will execute a Master Purchase and License Agreement (MPLA) for continued software and support for CCH's Dicom system(s). DCMSYS’ HL7 Router Unifier platform provides a rapid and secure solution for health data, allowing disparate systems to be integrated into a single framework centralized messaging hub for sharing health-related data, allowing for a Health Insurance Portability and Accountability Act of 1196 (HIPAA) compliant secure platform to manage and backup all imaging files. This system can operate with different end devices as an image-sharing hub and facilitate the integration of various medical imaging devices utilized with CCH's radiology enterprise. This Contract supports CCH in continuing the use of the DCMSYS Unifier to manage DCMSYS imaging objects securely and in compliance with HIPAA regulations. This contractor has been approved by the Public Works Department’s Purchasing Division on March 26, 2024. A summary of service contract deliverables, including measurable outcomes required of the vendor to be monitored by the department in compliance with Section III(B)(7) of the Purchasing Policy include County’s use of the software under the license grant, and access to maintenance and support. This Contract was approved by Health Services Personnel to ensure there is no conflict with labor relations.
Under this Contract #23-847, the parties will execute an MPLA for CCH IT’s access to DCMSYS Unifier system. Under the MPLA, DCMSYS liability is limited to the amount County has paid to DCMSYS in the twelve months preceding the claim except for DCMSYS’S indemnification obligations under the MPLA or claims arising from a breach of County data. Under the MPLA, the County is obligated to indemnify DCMSYS against claims arising from County’s use of the products, County’s breach of the MPLA, and gross negligence or fraud of County.
On August 13, 2024, the Board of Supervisors approved C.78 pertaining to Contract #23-847, however, the term on the Board Order was incorrect. This Board Order will rescind that incorrect Board Order and allow the Department to renew for the period effective July 1, 2024, through June 30, 2027. This will allow the Contractor to be paid for diagnostic imaging system software, maintenance and support Contra Costa Health’s Information Technology Systems Unit (CCH IT), through June 30, 2027. The department is requesting a retroactive term for this renewal due to a delay in contract negotiation between the parties, while DCMSYS continued to provide diagnostic imaging system software, maintenance and support.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, CCH IT will lose access to DCMSYS’ Unifier and its ability to integrate health data with disparate end devices. Relying on alternative sources would introduce risks and potential gaps in service quality, which are untenable given the critical nature of patient care.